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HomeMy WebLinkAboutSylvester Roofing Company Inc; 2024-03-18; PWM24-2411FACPWM24-2411FAC Leo Carillo Ranch Restroom Re-Roof - Contract No. 4748 Page 1 City Attorney Approved 8/15/2023 CITY OF CARLSBAD MINOR PUBLIC WORKS CONTRACT LEO CARILLO RANCH RESTROOM RE-ROOF This agreement is made on the ______________ day of _________________________, 2024, by the City of Carlsbad, California, a municipal corporation (hereinafter called "City") and Sylvester Roofing Company, Inc., a California corporation, whose principal place of business is 2255 Barham Drive, Escondido, CA 92029 (hereinafter called "Contractor"). City and Contractor agree as follows: DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the project described by these Contract Documents (hereinafter called "Project"). PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents unless excepted elsewhere in this Contract. CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract, Contractor's Proposal, the Plans and Specifications, the General Provisions, as contained in the Standard Specifications for Public Works Construction “Greenbook,” latest edition and including all errata; Part 1 General Provisions, addendum(s) to said Plans and Specifications, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in conflict, this Contract will supersede terms and conditions in the Contractor’s proposal. LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad Ordinances governing labor. GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the Project in accordance with directions and subject to inspection approval and acceptance by Steven Stewart (City Project Manager). PAYMENT. The City shall withhold retention as required by Public Contract Code Section 9203. WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to Sections 1770, 1773 and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor Code, a current copy of the applicable wage rates is on file in the Office of the City Engineer. Contractor shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in execution of the Contract. Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C 18th March PWM24-2411FAC Leo Carillo Ranch Restroom Re-Roof - Contract No. 4748 Page 2 City Attorney Approved 8/15/2023 The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall comply with Section 1776 of the California Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. Contractor shall require any subcontractors to comply with Section 1776. CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS. Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. CONSTRUCTION MANAGEMENT SOFTWARE. Procore Project Management and Collaboration System. 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. FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C PWM24-2411FAC Leo Carillo Ranch Restroom Re-Roof - Contract No. 4748 Page 3 City Attorney Approved 8/15/2023 Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the contractor may be prevented from further bidding on public contracts for a period of up to five (5) years and that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in contract bidding. Signature: ___________________________________ Print Name: Anthony Zaffuto______________________ REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification of Commercial General Liability and Property Damage Insurance and a Certificate of Workers’ Compensation Insurance indicating coverage in a form approved by the California Insurance Commission. The certificates shall indicate coverage during the period of the contract and must be furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed with California admitted insurers that have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. Commercial General Liability Insurance of Injuries including accidental death, to any one person in an amount not less than……..$1,000,000 Subject to the same limit for each person on account of one accident in an amount not less than ….…$1,000,000 Property damage insurance in an amount of not less than……..$1,000,000 Automobile Liability Insurance in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The automobile insurance certificate must state the coverage is for “any auto” and cannot be limited in any manner. The above policies shall have non-cancellation clauses providing that 30 days written notice shall be given to the City prior to such cancellation. The policies shall name the City of Carlsbad as an additional insured. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C PWM24-2411FAC Leo Carillo Ranch Restroom Re-Roof - Contract No. 4748 Page 4 City Attorney Approved 8/15/2023 WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Workers’ Compensation limits as required by the California Labor Code. Workers’ Compensation will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this. BUSINESS LICENSE. The Contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those related to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys’ fees for litigation, arbitration, or other dispute resolution method. JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. Start Work: Contractor agrees to start within fifteen (15) working days after receipt of Notice to Proceed. Completion: Contractor agrees to complete work within thirty (30) working days after receipt of Notice to Proceed. CONTRACTOR’S INFORMATION. Sylvester Roofing Company, Inc. 2255 Barham Dr. (name of Contractor) 516696 (street address) Escondido, CA 92029 (Contractor’s license number) C-39 / C-43 / ASB 8/31/25 (city/state/zip) N/A (license class. and exp. date) 100006357 6/30/25 (telephone no.) tony@sylvesterroofing.com (DIR registration number/exp. date) (e-mail address) AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. [signatures on following page] DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C PWM24-2411FAC Leo Carillo Ranch Restroom Re-Roof - Contract No. 4748 Page 5 City Attorney Approved 8/15/2023 CONTRACTOR SYLVESTER ROOFING COMPANY, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Anthony Zaffuto, President & CEO Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager (print name/title) By: (sign here) Wes Sylvester, CFO (print name/title) If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A Group B Chairman, President, or Vice-President Secretary, Assistant Secretary, 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: _____________________________ Assistant City Attorney DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C PWM24-2411FAC Leo Carillo Ranch Restroom Re-Roof - Contract No. 4748 Page 6 City Attorney Approved 8/15/2023 EXHIBIT A LISTING OF SUBCONTRACTORS BY GENERAL CONTRACTOR Set forth below is the full name and location of the place of business of each subcontractor whom the Contractor proposes to subcontract portions of the Project in excess of one-half of one percent of the total bid, and the portion of the Project which will be done by each subcontractor for each subcontract. NOTE: The Contractor understands that if it fails to specify a subcontractor for any portion of the Project to be performed under the contract in excess of one-half of one percent of the bid, the contractor shall be deemed to have agreed to perform such portion, and that the Contractor shall not be permitted to sublet or subcontract that portion of the work, except in cases of public emergency or necessity, and then only after a finding, reduced in writing as a public record of the Awarding Authority, setting forth the facts constituting the emergency or necessity in accordance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et seq. of the California Public Contract Code). If no subcontractors are to be employed on the project, enter the word "NONE." SUBCONTRACTORS Type of Work to be Subcontracted Business Name and Address DIR Registration No. License No., Classification & Expiration Date % of Total Contract Total % Subcontracted: _______________ The Contractor must perform no less than 50% of the work with its own forces. DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C NA NA 0 0 NANA PWM24-2411FAC Leo Carillo Ranch Restroom Re-Roof - Contract No. 4748 Page 7 City Attorney Approved 8/15/2023 EXHIBIT B Leo Carillo Ranch Restroom Re-Roof Provide all labor, equipment, and ancillary materials to remove, reuse or dispose of the existing tile and mortar roofs on restroom building. Replace with all new roofing tile provided by owner. Contractor to confirm all roofing underlayment is intact and viable to ensure roof warranty. Contractor to repair underlayment if damaged during tile removal. Contractor to perform a “mock-up” section of tile and grout for approval prior to continuing with full installation. Approval will be provided in writing from Park and Recreations and Facility Engineering. All work to be done in accordance with contract specifications and general provisions included from the referenced Contract No. 4748 (PWS22-1788FAC) and included as Exhibit D and E. JOB QUOTATION ITEM NO. UNIT QTY DESCRIPTION PRICE 1 LS 1 Re-roof the restroom building utilizing clay tile provided by owner. $21,206 TOTAL* $21,206 *Includes taxes, fees, expenses and all other costs. DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C PWM24-2411FAC City Attorney Approved Version 12/14/2023 EXHIBIT C CALIFORNIA AIR RESOURCES BOARD. The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel- Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024, and apply broadly to all self-propelled off-road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at: https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the term of the Project. Bidders must provide, with their Bid, copies of Bidder’s and all listed subcontractors the most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive. The City of Carlsbad is a Public Works Awarding Body, as that term is defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Bidders must submit, with their Bids, valid Certificates of Reported Compliance (“CRC”) for the Bidder’s fleet, and for the fleets of any listed subcontractors (including any applicable leased equipment or vehicles). Bidders must complete and submit the Fleet Compliance Certification, on the form provided. Failure to provide a CRC for the Bidder, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Bid non-responsive. COMPLIANCE WITH CALIFORNIA AIR RESOURCES BOARD REGULATIONS. Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the California Air Resources Board (“CARB”) regulations including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and subcontractors’ fleet including, without limitation, Certificates of Reported Compliance (“CRC”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City of Carlsbad. Contractor shall be solely liable for any and all costs associated with complying with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City of Carlsbad, its officials (appointed and elected), officers, and employees from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C PWM24-2411FAC City Attorney Approved Version 12/14/2023 FLEET COMPLIANCE CERTIFICATION. Bidder hereby acknowledges that they have reviewed the CARB’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to the penalty of perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct: ☐The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. ☐The Fleet is exempt from the Regulation under Section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto. ☐Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to Section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e., third party correspondence or vendor bids). ☐The Fleet is exempt from the requirements of the Regulation pursuant to Section 2449(i)(4) because this Project has been deemed an “emergency”, as that term is defined in Section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to Section 2449(i)(4). ☐The Fleet does not fall under the Regulation or are otherwise exempt and a detailed reasoning is attached to this certification. Name of Bidder: Sylvester Roofing Company, Inc. Signature: Name: Anthony Zaffuto Title: President & CEO Date: Exhibit C (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C X 3/15/2024 GENERAL PROVISIONS FOR LEO CARRILLO RANCH ROOF REPAIR PROJECT CONTRACT NO. 4748 CITY OF CARLSBAD SECTION 1 -- TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS - Unless otherwise stated, the words directed, required, permitted, ordered, in­ structed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or wordsof like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accom­ panying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import areused, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and suchwords of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "ac­ ceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense,shall perform all operations, labor, tools and equipment, and further, including the furnishing and in­stalling of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the defi- nitions assigned to them herein. Addendum -Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. (.'\ •fi Revised 6/15/17 0 C C Contract No. 4748 EXHIBIT D PWM24-2411FAC Exhibit "D" DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C Agency -The City of Carlsbad, California. Agreement -See Contract. Application for Payment -The term "Application for Payment" means the submittal from Contractor wherein payment for certain portions of the completed Work is requested in accordance with Article 9 of the General Provisions Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Beneficial Occupancy - A The term "Beneficial Occupancy" means the City of Carlsbad's occu­pancy or use of any part of the Work in accordance with Article 9 of the General Provisions. Bid -The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder-Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board -The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water City. Bond -Bid, performance, and payment bond or other instrument of security. City Council -the City Council of the City of Carlsbad. City Manager -the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract - A Contract financed by means other than special assessments. Change Order-A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. City's Construction Management Consultant-the city's agent on site and first level of appeal for informal dispute resolution. Code-The terms Government Code, Labor Code, etc., refer to codes of the State of California. Contract - The written agreement between the Agency and the Contractor covering the Work. Contract Documents -Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Spec­ ifications, Reference Specifications, and all Modifications issued after the execution of the Contract. l'l •;;' Revised 6/15/17 0 0 0 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C Contractor-The individual, partnership, corporation, joint venture, or other legal entity having a Con­tract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price -The total amount of money for which the Contract is awarded. Contract Unit Price -The amount stated in the Bid for a single unit of an item of work. County Sealer -The Sealer of Weights and Measures of the county in which the Contract is let. Days -Days shall mean consecutive workday's days unless otherwise specified. Dispute Board -Persons designated by the City Manager of the City of Carlsbad, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad is the last appeal level for informal dispute resolution. Engineer -The City Engineer of the City of Carlsbad or his/her approved representative. The Engi­neer is the fourth level of appeal for informal dispute resolution. Minor Bid Item -A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification -Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Municipal Projects Manager -The City's Construction Management Consultant's immediate super­visor and second level of appeal for informal dispute resolution. Notice of Award -The written notice by the Agency to the successful Bidder stating that upon com­pliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization -When used in Section 2-3.1 -Employees of the Contractor who are hired, di­rected, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1 . Person -Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Private Contract -Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project -The term "Project" means the Work of the Contract for all exercised Phases and all other work, labor, equipment, and materials necessary to accomplish the Project. The Project may include construction by City of Carlsbad or by Separate Contractors. Proposal -See Bid. ,., •+;' Revised 6/15/17 C C 0 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C Public Works Manager, Fleet & Facilities -The Municipal Projects Manager's immediate supervisor and third level of appeal for informal dispute resolution. Reference Specifications -Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway -The portion of a street reserved for vehicular use. Service Connection -Service connections are all or any portion of the conduit, cable, or duct, in­cluding meter, between a utility distribution line and an individual consumer. Sewer -Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications -General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard -The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans -Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. State -State of California. Storm Drain -Any conduit and appurtenances intended for the reception and transfer of storm water. Street -Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor-An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on wtiich pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Substantial Completion -The term "Substantial Completion" is defined in Section 9.7 of the General Pro­visions. Superintendent -The term "Superintendent" means the person designated by Contractor to repre­ sent Contractor at the Project site in accordance with Article 3 of the General Provisions. Supervision -Supervision, where used to indicate supervision by the Engineer, shall mean the per­ formance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement-A written amendment of the Contract Documents signed by both parties. ,, •+; Revised 6/15/17 0 0 . . ' 0 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C Supplemental Provisions -Additions and revisions to the Standard Specifications setting forth con­ditions and requirements peculiar to the work. Surety -Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Utility -Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work -The term "Work" means the Pre-Construction Services, all Construction Work, all Work di­rected by City of Carlsbad pursuant to the Additional Improvements Allowance, and other require­ ments of the Contract Documents as modified by Change Order, whether completed or partially com­ pleted, and includes all labor, materials, equipment, tools, and services provided, or to be provided by, Contractor to fulfill Contractor's obligations without limitation. The Work may constitute the whole or a part of the Project. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN ............................................................. Abandon CCTV ............................................... Closed Circuit TV ABAND ....................................................... Abandoned CES .......................... Carlsbad Engineering Standards ABS ........................ Acrylonitrile -butadiene -styrene CF ................................................................ Curb face AC .................................................... Asphalt Concrete CF ................................................................ Cubic foot ACP ........................................... Asbestos cement pipe C&G .................................................... Curb and gutter ACWS ..................... Asphalt concrete wearing surface CFR. ............................... Code of Federal Regulations ALT ................................................................ Alternate CFS ......................................... Cubic Feet per Second APTS ................................. Apartment and Apartments CIP ......................................................... Cast iron pipe AMER STD ................................... American Standard CIPP ................................................ Cast-in place pipe AWG ............... American Wire Gage (nonferrous wire) CL ............................................. Clearance, center line BC .................................................. Beginning of curve CLF .................................................... Chain link fence BCR ....................................... Beginning of curb return CMB ............................... Crushed miscellaneous base BORY ............................................................ Boundary CMC ......................................... Cement mortar-coated BF ..................................................... Bottom of footing CML ............................................ Cement mortar-lined BLDG ........................................ Building and Buildings CMWD ......................... Carlsbad Municipal Water City BM .............................................................. Benchmark CO .................................................... Cleanout (Sewer) BVC .................................... Beginning of vertical curve COL. ................................................................. Column B/W ........................................................... Back of wall COMM ....................................................... Commercial CIC ..................................................... Center to center CONC ........................................................... Concrete CAB ...................................... Crushed aggregate base CONN ........................................................ Connection CAUOSHA ............ California Occupational Safety and CONST .................................. Construct, Construction Health Administration COORD ...................................................... Coordinate CalTrans ....... California Department of Transportation CSP ............................................ Corrugated steel pipe CAP .................................... Corrugated aluminum pipe CSD ............................... Carlsbad Standard Drawings CB ............................................................. Catch Basin CTB ............................................ Cement treated base Cb ........................................................................ Curb CV ............................................................ Check valve CBP ............................... Catch Basin Connection Pipe CY ............................................................... Cubic yard CBR ....................................... California Bearing Ratio D .............................................................. Load of pipe CCR ............................ California Code of Regulations dB ................................................................... Decibels ,, • .., Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C DBL .................................................................. Double DF ............................................................... Douglas fir DIA ................................................................ Diameter DIP ..................................................... Ductile iron pipe DL ................................................................ Dead load DR ...................................................... Dimension Ratio DT ................................................................. Drain Tile DWG ............................................................... Drawing DWY .............................................................. Driveway DWY APPR ................................... Driveway approach E ............................................................... : ....... Electric EA ........................................................................ Each EC ............................................................ End of curve ECR ................................................ End of curb return EF ................................................................ Each face EG ......................................................... Edge of gutter EGL .................................................. Energy grade line El ................................................................... Elevation ELC ..................................... Electro lier lighting conduit EL T ........................................................ Extra long ton ENGR ....................................... Engineer, Engineering EP ................................................... Edge of pavement ESMT ........................................................... Easement ETB .......................................... Emulsion-treated base EVC ............................................... End of vertical curb EWA ............................... Encina Wastewater Authority EXC ............................................................ Excavation EXP JT ................................................. Expansion joint EXST. .............................................................. Existing F .................................................................. Fahrenheit F&C ................................................... Frame and cover F&I .................................................. Furnish and install FAB ............................................................... Fabricate FAS ............................................... Flashing arrow sign FD ............................................................... Floor drain FDN ............................................................ Foundation FED SPEC ................................. Federal Specification FG ........................................................ Finished grade FH ............................................................. Fire hydrant FL. .................................................................. Flow line FS ...................................................... Finished surface FT-LB ......................................................... Foot-pound FTG .................................................................. Footing FW ............................................................ Face of wall G ........................................................................... Gas GA ..................................................................... Gauge GAL. .............................................. Gallon and Gallons GAL V ......................................................... Galvanized GAR ........................................... Garage and Garages GIP .............................................. Galvanized iron pipe GL ........................................ Ground line or grade line GM .............................................................. Gas meter GNV ............................................... Ground Not Visible GP .................................................................. Guy pole GPM ................................................ gallons per minute GR ...................................................................... Grade GRTG ............................................................... Grating GSP ........................................... Galvanized steel pipe H ............................................................ High or height HB .................................................................. Hose bib HC ................................................... House connection HDWL ........................................................... Headwall HGL. ............................................. Hydraulic grade line HORIZ .......................................................... Horizontal HP ............................................................. Horsepower HPG ................................................ High pressure gas HPS ........ ." ....................... High pressure sodium (Light) HYDR ............................................................ Hydraulic IE ......................................................... Invert Elevation ID ........................................................ Inside diameter INCL ............................................................... lncluding INSP ............................................................. lnspection INV ...................................................................... lnvert IP .................................................................... Iron pipe JC ..................................................... Junction chamber JCT ................................................................. Junction JS ..................................................... Junction structure JT ......................................................................... Joint L ........................................................................ Length LAB ............................................................. Laboratory LAT ................................................................... Lateral LB ...................................................................... Pound LD ..................................................... Local depression LF ................................................................ Linear foot LH ............................................................... Lamp hole LL ................................................................... Live load LOL ............................................................. Layout line LONG ........................................................ Longitudinal LP ................................................................ Lamp post LPS ................................. Low pressure sodium (Light) LS ................................................................ Lump sum L TS .................................................... Lime treated soil LWD ................................... Leucadia Wastewater City MAINT ..................................................... Maintenance MAX ............................................................. Maximum MCR ............................................ Middle of curb return MEAS ............................................................. Measure MH ................................... Manhole, maintenance hole MIL SPEC .................................... Military specification MISC ..................................................... Miscellaneous MOD ................................................... Modified, modify MON ............................................................ Monument MSL.. Mean Sea Level (Reg. Standard Drawing M-12) MTBM ......................... Microtunneling Boring Machine MUL T ............................................................... Multiple MUTCD ..... Manual on Uniform Traffic Control Devices MVL ............................................... Mercury vapor light NCTD ................................... North County Transit City NRCP .............................. Non reinforced concrete pipe OBS ............................................................... Obsolete OC ................................................................ On center OD ..................................................... Outside diameter OE .............................................................. Outer edge OHE ................................................ Overhead Electric OMWD ...................... Olivenhain Municipal Water City OPP ............................................................... Opposite ORIG ................................................................ Original PB ................................................................... Pull box PC .................................................... Point of curvature PCC ....................... Portland cement concrete or point of compound curvature PCVC ....................... Point of compound vertical curve PE ........................................................... Polyethylene Pl. ................................................. Point of intersection PL. ............................................................ Property line PMB ............................ Processed miscellaneous base POC ...................................................... Point on curve ,, •;;' Revised 6/15/17 0 0 0 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C POT .................................................... Point on tangent SPEC ..................................................... Specifications pp .............................................................. Power pole SPPWC .......................................... Standard Plans for PRC .......................................... Point of reverse curve Public Works Construction PRVC ............................ Point of reverse vertical curve SSPWC ............................. Standard Specifications for PSI ......................................... Pounds per square inch Public Works Construction PT .................................................... Point of tangency ST HWY ................................................ State highway PVC .................................................. Polyvinyl chloride ST A ................................................................... Station PVMT ........................................................... Pavement STD ............................................................... Standard PVT R/W ....................................... Private right-of-way STR .................................................................. Straight Q ........................ Rate of flow in cubic feet per second STR GR ................................................ Straight grade QUAD ....................................... Quadrangle, Quadrant STRUC .......................................... Structural/Structure R ....................................................................... Radius SW ................................................................. Sidewalk R&O ......................................................... Rock and oil SWD ...................................................... Sidewalk drain R/W .......................................................... Right-of-way SY ............................................................ Square yard RA ...................................................... Recycling agent T .................................................................. Telephone RAC ................................... Recycled asphalt concrete TAN ................................................................. Tangent RAP ................................ Reclaimed asphalt pavement TC .............................................................. Top of curb RBAC ............................. Rubberized asphalt concrete TEL ............................................................. Telephone RC ................................................ Reinforced concrete TF ........................................................... Top of footing RCB ...................................... Reinforced concrete box TOPO ........................................................ Topography RCE ...................................... Registered civil engineer TR ........................................................................ Tract RCP ..................................... Reinforced concrete pipe TRANS ......................................................... Transition RCV ........................................... Remote control valve TS ......................... Traffic signal or transition structure REF ............................................................. Reference TSC ............................................. Traffic signal conduit REINF .............................. Reinforced or reinforcement TSS ........................................... Traffic signal standard RES ............................................................... Reservoir TW .............................................................. Top of wall RGE ........................ Registered geotechnical engineer TYP .................................................................. Typical ROW ....................................................... Right-of-Way UE .............................................. Underground Electric RR ................................................................... Railroad USA .................................... Underground Service Alert RSE .............................. Registered structural engineer VAR ..................................................... Varies, Variable RTE .................................... Registered traffic engineer VB ................................................................ Valve box S .................................... Sewer or Slope, as applicable VC .......................................................... Vertical curve SCCP ............................... Steel cylinder concrete pipe VCP ................................................... Vitrified clay pipe SD ............................................................. Storm drain VERT ............................................................... Vertical SDNR .............................. San Diego Northern Railway VOL .................................................................. Volume SOR ....... Standard thermoplastic pipe dimension ratio VWD ............................................ Vallecitos Water City (ratio of pipe O.D. to minimum wall thickness) W ........................ Water, Wider or Width, as applicable SDRSD ......... San Diego Regional Standard Drawings WATCH .............. Work Area Traffic Control Handbook SE ...................................................... Sand Equivalent WI ............................................................ Wrought iron SEC .................................................................. Section WM ........................................................... Water meter SF ............................................................. Square foot WPJ .......................................... Weakened plane joint SFM ................................................ Sewer Force Main XCONN ............................................ Cross connection SI ....................... International System of Units (Metric) XSEC ..................................................... Cross section 1-3.3 Institutions Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC .................................................................... American Institute of Steel Construction ANSI ...................................................................... American National Standards Institute API ...................................................................................... American Petroleum Institute AREA ............................................................ American Railway Engineering Association ASTM ............................................................ American Society for Testing and Materials AWPA. ................................................................ American Wood Preservers Association AWS ........................................................................................ American Welding Society AWWA. ...................................................................... American Water Works Association FHWA. ............................................................................. Federal Highway Administration GRI ................................................................................. Geosynthetic Research Institute ,, •+; Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C NEMA ......................................................... National Electrical Manufacturers Association NOAA ................ National Oceanic and Atmospheric Administration (Dept. of Commerce) UL .................................................................................... Underwriters' Laboratories Inc. USGS ............................................................................. United States Geological Survey 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principalmeasurement system in these specifications. However, certain material specifications and test re­ quirements contained herein use SI units specifically and conversions to U.S. Standard Measuresmay or may not have been included in these circumstances. When U.S. Standard Measures are notincluded in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures inparenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 1-4.2 Units of Measure and Their Abbreviations. Not Used. ('\ •+f Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C SECTION 2 -SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as pro-vided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If givenwritten notice, such assignment will be recognized by the Board to the extent permitted by law. Anyassignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render seNice to the prime contractor in or about the construc­ tion 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 por­ tion 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 contrac­ tor'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. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 25 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 75 {'\ •;;' Revised 6/15/17 0 C Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment ofthe Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 25 per­cent of the Contract Price except that any designated "Specialty Items" may be performed by subcon­tract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organiza­tion. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Con­tractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for ap­proval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor,and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds withthe Agency to be approved by the Board in the amounts and for the purposes noted below. Bondsissued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemedto be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be ac­ companied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Biddershall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and ma­terials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hun­dred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one-year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or ,, •;;' Revised 6/15/17 0 0 0 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C in excess of the amount of the bond. The bonds are to contain the following documents: 1.An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or an-other instrument entitling or authorizing the person who executed the bond to do so.2.A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 1 0 days after receiv­ing notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS 2-5.1 General. The plans and specifications for this project include the (1) Project Drawings, dated November 8, 2021 and titled Leo Carrillo Ranch Roof Repair and (2), the Contract Documents, Gen­ eral Provisions and Technical Specifications for this project. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: a)Permits from other agencies as may be required by law. b)Change orders, whichever occurs last. c)Contract addenda, whichever occurs last. d) Contract {'\ •+r Revised 6/15/17 0 0 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C e)Carlsbad General Provisions and Technical Specifications f)Plans/drawings for this project. g)Standards plans. 1)City of Carlsbad Standard Drawings.2)Carlsbad Municipal Water City Standard Drawings.3)City of Carlsbad modifications to the San Diego Area Regional Standard Drawings.4)San Diego Area Regional Standard Drawings. h)Standard Specifications for Public Works Construction, as amended. i)Reference Specifications. j)Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items b) through f) above. Detailed plans and plan views shall have precedence over general plans. Organization of the Specifications into various subdivisions and the arrangement of the Drawings shall not control Contractor in dividing the Construction Work among Subcontractors or in establish­ ing the extent of work to be performed by any trade. Unless otherwise stated in the Contract Documents, technical words and abbreviations contained in the Contract Documents are used in accordance with commonly understood construction industry meanings, and non-technical words and abbreviations are used in accordance with their commonly understood meanings. The Contract Documents may omit modifying words such as "all" and "any," and articles such as "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. The use of the word "including," when following any general statement, shall not be construed to limit such statement to specific items or matters set forth immediately following such word or to similar items or matters, whether or not non-limiting language (such as "without limitation," "but not limited to," or words of similar import) is used with reference thereto, but rather shall be deemed to refer to all other items or matters that could reasonably fall within the broadest possible scope of such general statement. Whenever the context so requires, the use of the singular number shall be deemed to include the plural and vice versa. Each gender shall be deemed to include any other gender, and each shall include corporation, partnership, trust, or other legal entity whenever the context so requires. The captions and headings of the various subdivisions of the Contract Documents are intended only for reference and convenience and in no way define, limit, or prescribe the scope or intent of the Contract Documents or any subdivision thereof. 2-5.3 Submittals 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2- 5.3.3 and 2-5.3.4, when required by the Plans or General Provisions, or requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals arerequired be performed, before the required submittals have been reviewed and accepted by theEngineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractorfrom responsibility for errors, omissions, or deviations from the Contract Documents, unless suchdeviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals.,, •+; Revised 6/15/17 0 0 0 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the General Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indi­cate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be ac­companied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: a)Project title and Agency contract number.b)Number of complete sets. c)Contractor's certification statement. d)Specification section number(s) pertaining to material submitted for review. e)Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.)f)Description of the contents of the submittal.g)Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in con­ formance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: -------------Title: _____________ _ Date: ___________ _ Company Name: _____________________________ _ 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. See section 6.-2.11. 2-5.3.4 Supporting Information. Supporting information is information required by the Specificationfor the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be con­ structed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless,., •+;' Revised 6/15/17 0 C C Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C otherwise specified in the General Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the General Provisions: a)List of Subcontractors per 2-3b)List of Materials c)Certifications d)Construction Schedule per 6-1. e)Confined Space Entry Program per 7-10.4.4.f)Concrete mix designsg)Asphalt concrete mix designs h) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulle­ tins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting sys­tems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.3.5 Electronic Submittal Procedure - Not used 2-5.4 RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall beused only as a record set and shall be delivered to the Engineer within ten (10) days of completion ofthe work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contractin a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equip­ment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. Not used. 2-8 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be provided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assumeall responsibility for acquiring, using, and disposing of additional work areas and facilities temporarilyrequired. The Contractor shall indemnify and hold the Agency harmless from all claims for damagescaused by such actions. 2-9 SURVEYING. 2-9.1 Permanent Survey Markers. Not used. 2-9.2 Survey Service. Not used. 2-9.2.1 Submittal of Surveying Data. Not used. 2-9.2.2 Survey Requirements. Not used. ,, •f' Revised 6/15/17 0 0 0 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce com­pliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineermay request. 2-10.2 Audit and Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have theright to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant tothis Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make availableto the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and makeexcerpts or transcripts from such data and records, and to make audits of all invoices, materials, pay­ rolls, 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 Contrac­ tor's ongoing business operations. Contractor and all subcontractors to this contract shall maintainsuch data and records for as long as may be required by applicable laws and regulations. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site.The Contractor shall provide every reasonable facility for ascertaining that the materials and work­manship are in accordance with these specifications. Inspection of the Work shall not relieve the Con­ tractor of the obligation to fulfill all conditions of the Contract. {'\ •+; Revised 6/15/17 C Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C SECTION 3 - CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor,which do not materially affect the Work and which are not detrimental to the Work or to the interestsof the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a rightto the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shallbe made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantityof work provided the total arithmetic dollar value of all such changes, both additive and deductive,does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limita­ tion, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract UnitPrice, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conform­ance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bidquantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less l'\ • .., Revised 6/15/17 0 0 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Not Used. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items in the Contractor's Proposal. The Contractor's Proposal shall be used for the purpose of progress payments, though some line items may require further breakdown if requested by City's Construction Management Consultant. The proposal prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifica­ tions 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 han­ dling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer deter- mines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. a.) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprentice­ ship funds, and other direct costs, resulting from Federal, State, or local laws, as well as as­ sessments or benefits required by lawful collective bargaining agreements. (.'\ •� Revised 6/15/17 0 C 0 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Non-direct labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). b.) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply mate­ rials to the Contractor if necessary, for the progress of the Work. No markup shall be applied to any material provided by the Agency. c.) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CAL TRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for deter­mining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, neces­sary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If during the project contract time the work is stopped by an unforeseen reason, then the Con­tractor may be due compensation for idled equipment. The Contractor shall use idle time rates (delay factors) in the Caltrans's latest Labor Surcharge and Equipment Rental Rate Manual for pricing equipment that was idled due to the changed condition that caused the work stoppage of that same equipment. The specified idle time rate in the manual is to be multiplied by the Caltrans's equipment rate for that same piece of equipment to determine the product, which will be considered the allowable idle time dollar amount acceptable to the City. (Example: delay factor = .10, equipment hourly rate = $50, allowable idle time dollar amount = $5/hr). If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the l'\ •tr Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C extra work, plus the time required to move it from its previous site and back, or to a closer site. d.) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. 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. e.) Sales Tax. No markup will be allowed on sales and/or other taxes. 3-3.2.3 Markup. a)Work by Contractor. The following percentages shall be added to the Contractor's costs andshall constitute the markup for all overhead and profits: 1)Labor ........................................ 15 2)Materials............................. 15 3)Tools and Equipment Rental . . . 154)Other Items .. .. .. .. .. . . .. .. . . . . . .. .. . .. .. . 15 5)Sales and other taxes . . .. .. . . . ... . .. O To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b)Work by Subcontractor. When all or any part of the extra work is performed by a Subcon­tractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor'sactual cost of such work. A markup of 5 percent of the subcontracted portion of the extra work may be added by the Contractor. Contractor markup shall fully compensate Contractor for allGeneral Conditions expenses, direct and indirect Overhead, and Profit. No additional chargeswill be made for project management, estimating, or supervision. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, theContractor shall submit a daily report to the Engineer on forms approved by the Agency. Included areapplicable 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 timethat 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 thatday. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer andthe Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explainpoints 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.,, •;;' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C 3.Show type of equipment, size, identification number, and hours of operation, including loadingand transportation, if applicable. 4.Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and be­ fore they are disturbed: 1.Subsurface or latent physical conditions differing materially from those represented in the Con­ tract; 2.Unknown physical conditions of an unusual nature differing materially from those ordinarilyencountered 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 behazardous waste, as defined in Section 25117 of the Health and Safety Code, that is requiredto be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. Regarding suspect hazardous waste, see section 6.2.18 The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engi­neer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Con­tractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. • The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engi­neer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Con­tractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes addi­ tional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. {'\ • ., Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: -------------- Date: ___________________________ _ Company Name: _____________________________ _ The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified here­inafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1.City's Construction Management Consultant 2.City Municipal Projects Manager 3.Public Works Manager, Fleet & Facilities 4.City Engineer 5.City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 1 0 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the Contractor shall be resolved in accordance with Public Contract Code section 9204, which is set forth below: ,, •+;' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is com­ plete and not in dispute is paid in full and in a timely manner. (b)Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by acontractor in connection with a public works project. (c) For purposes of this section: (1)"Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:(A)A time extension, including, without limitation, for relief from damages or penalties for delay as­sessed by a public entity under a contract for a public works project.(B)Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.(C)Payment of an amount that is disputed by the public entity.(2)"Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct con­ tract with a public entity for a public works project. (3)(A) "Public entity" means, without limitation, except as provided in subparagraph (8), a stateagency, department, office, division, bureau, board, or commission, the California State University,the University of California, a city, including a charter city, county, including a charter county, city andcounty, including a charter city and county, City, special City, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (8)"Public entity" shall not include the following:(i)The Department of Water Resources as to any project under the jurisdiction of that department. (ii)The Department of Transportation as to any project under the jurisdiction of that department. (iii)The Department of Parks & Recreation as to any project under the jurisdiction of that department. (iv)The Department of Corrections and Rehabilitation with respect to any project under its jurisdictionpursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.(v)The Military Department as to any project under the jurisdiction of that department. (vi)The Department of General Services as to all other projects. (vii)The High-Speed Rail Authority. (4)"Public works project" means the erection, construction, alteration, repair, or improvement of anypublic structure, building, road, or other public improvement of any kind. (5)"Subcontractor" means any type of contractor within the meaning of Chapter 9 (commencing withSection 7000) of Division 3 of the Business and Professions Code who either is in direct contract witha contractor or is a lower tier subcontractor. (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 providethe claimant a written statement identifying what portion of the claim is disputed and what portion isundisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (8)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 state­ ment 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 l' •+;' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C 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 state­ ment, paragraph (3) shall apply. (2)(A) If the claimant disputes the public entity's written response, or if the public entity fails to respondto 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 receiptof 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. (B)Within 1 0 business days following the conclusion of the meet and confer conference, if the claimor any portion of the claim remains in dispute, the public entity shall provide the claimant a writtenstatement 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 toa mediator within 1 0 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 indispute shall be subject to applicable procedures outside this section.(C)For purposes of this section, mediation includes any non binding 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 mediationutilized shall conform to the timeframes in this section.(D)Unless otherwise agreed to by the public entity and the contractor in writing, the mediation con­ ducted 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 qualifi­ cations of the claimant. (4)Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (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 his or her 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 ofthe subcontractor. The subcontractor requesting that the claim be presented to the public entity shallfurnish reasonable documentation to support the claim. Within 45 days of receipt of this written re­ quest, 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 sub­ contractor with a statement of the reasons for not having done so.,, •+;' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C (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) apublic entity may prescribe reasonable change order, claim, and dispute resolution procedures andrequirements 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 avail able through a competitive application process, for the failure of an awardee to meet its contractualobligations. (i)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, 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, Division 2, Part 3, Chapter 1, Article 1.5 (commencing withSection 20104) which is set forth below ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2)This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commenc­ ing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, exceptthat "public work" does not include any work or improvement contracted for by the state or the Regentsof the University of California. (2)"Claim" means a separate demand by the contractor for (A) a time extension, (8) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contractfor a public work and payment of which is not otherwise expressly provided for or the claimant is nototherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.(c)The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d)This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a)The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extendthe 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 ofreceipt 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 thissubdivision, 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 l' •tr' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C 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 thissubdivision, 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 greaterthan 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 forsettlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and conferconference 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 claim­ ant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (com­ mencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposesof those provisions, the running of the period of time within which a claim must be filed shall be tolledfrom the time the claimant submits his or her written claim pursuant to subdivision (a) until the timethat claim is denied as a result of the meet and confer process, including any period of time utilized bythe 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 theGovernment Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a)Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties.The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediatorwithin 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 toChapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2)Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed forpurposes 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 exceedtheir customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3)In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil,., •+' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c)The court may, upon request by any party, order any witnesses to participate in the mediation orarbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b)In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on anyarbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a courtof law.Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. ,, •+;' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C SECTION 4 -CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be consid­ ered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facili­ties and employ such measures as will preserve the specified quality and fitness of materials to beused in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for duration of Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or re­move equipment or materials which have been installed or delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical ma­terials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication,metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast-iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed elec­trical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. ,, •+r' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchasematerials, fabricated products, or equipment from sources located more than 50 miles outside thegeographical limits of the Agency, an inspector or accredited testing laboratory (approved by the En­gineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment orprocess. This approval shall be obtained before producing any material or equipment. The inspectoror representative of the testing laboratory shall judge the materials by the requirements of the Plansand Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials bedone without proper inspection by the approved agent. Approval by said agent shall not relieve theContractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory ser­vices within 50 miles of the geographical limits of the Agency. For private contracts, all costs of in­spection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shalldeliver the materials for testing to the place and at the time designated by the Engineer. Unless oth­erwise provided, all initial testing will be performed under the direction of the Engineer, and at noexpense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in theSpecifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Te chnical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the prod­uct from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specificationsand accept the manufacturer's written certification that the materials to be supplied meet those,., •+f Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offeran equivalent. The Engineer shall determine whether the material offered is equivalent to that speci­fied. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equip­ ment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opin­ion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used forproportioning materials shall be inspected for accuracy and certified within the past 12 months by theState of California Bureau of Weights and Measures, by the County Director or Sealer of Weights andMeasures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. ,., .... Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressuregages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measur­ ing devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to ex­ceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certifi­cates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified As­ phalts). In the interest of safety and public value, whenever credible evidence arises to contradict thetest values of materials, the Agency and the Contractor will initiate an immediate and cooperativeinvestigation. Test values of materials are results of the materials' tests, as defined by these Specifi­cations or by the General provisions, required to accept the Work. Credible evidence is process ob­ servations or test values gathered using industry accepted practices. A contradiction exists whenevertest values or process observations of the same or similar materials are diverse enough such that thework acceptance or performance becomes suspect. The investigation shall allow access to all testresults, procedures, and facilities relevant to the disputed work and consider all available informationand, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reachesany resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shallbe considered resolved and the cooperative investigation concluded. Whenever the cooperative in­vestigation is unable to reach resolution, the investigation may then either conclude without resolutionor continue by written notification of one party to the other requesting the implementation of a resolu­tion process by committee. The continuance of the investigation shall be contingent upon recipient'sagreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary, gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1.Within 7 days of the formation of the committee, the Agency and the Contractor reach anacceptable resolution mechanism; or 2.Within 14 days of the formation of the committee, the initiating party withdraws its writtennotification and agrees to bear all investigative related costs thus far incurred; or 3.At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed,the Contractor shall bear and maintain a record for all the investigative costs until resolution. {"'\ •+; Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 MATERIAL TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, pur­chase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, pre­pare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all mate­rials used to accomplish the Work. Materials shall be delivered to the site of the work only duringworking hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shallclearly state for each delivery: the name of the Contractor as consignee, the project name and number,address of delivery and name of consignor and a description of the material(s) shipped. Prior tostorage of any materials which have been shipped to or by the Contractor to any location within theAgency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for eachproperty where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the mate­rials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. ,, •tr Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C SECTION 5 -UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to com­mencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installa­tions. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its opera­tions. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accord­ance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the neces­sary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engi­neer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1.Furnish and install a 2-inch cushion of expansion joint material or other similar resilient material;or 2.Provide a sleeve or other opening which will result in a 2-inch minimum-clear annular space be­tween the concrete and the utility; or 3.Provide other acceptable means to prevent embedment in or bonding to the concrete.,, •� Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C Where concrete is used for backfill or for structures which would result in embedment, or partial em­bedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before com­mencement of work by the Contractor. When the Plans or Specifications indicate that a utility installa­tion is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its conven­ience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall ar­ range for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to mini­mize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for addi­ tional work, materials or delay associated with the temporary omission. The portion thus omitted shall {' •� Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for pro­tection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. It is the Contractor's responsibility to be aware of all existing field conditions prior to bidding. Contractor shall cooperate and coordinate all construction activities with utility companies, special agencies, city departments, homeowner's associations, or other entities of any kind as may be required to facilitate the work herein. No additional compensation shall be requested by the Contractor, nor shall any be approved by the City related to this clause. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. ,, •+;' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C SECTION 6 -PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwiseprovided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within _§_calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will setthe time and location for the Preconstruction Meeting. Attendance of the Contractor's managementpersonnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6- 4.No separate payment will be made for the Contractor's attendance at the meeting. The notice toproceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3. The submittal of the Base­ line Construction Schedule shall be on hard (paper) copy and electronic media conforming to Sec­tion 6-1.3.3 Electronic Media. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the prece­ dence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to rep­ resent the complete performance of all project work as well as periods where work is precluded. TheBaseline 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 Con­ struction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule theContractor shall prepare and submit to the Engineer a complete time-scaled network diagram showingall of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity theidentification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to theWindows compatible Primavera "P6" or Microsoft "Project" to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency all schedule and data files, in a format readable by Windows 10 software programs and/or Microsoft Project. ,, •,;' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorterthan 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 300 activities, in­ cluding 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 theCity's Construction Management Consultant, to communicate the Contractor's plan for project execu­tion, to accurately describe the project work, and to allow monitoring and evaluation of progress andof time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1.2. 7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction ofsubmittals shall be included in the schedule. 6-1.2.8 Late Completion. The Baseline Construction Schedule shall not show a project duration longer than the specified contract duration. 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan tosupport and maintain the project for the entire contractual time span of the project. Should the Con­ tractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortenedBaseline Construction Schedule is reasonable and the Agency and all other entities, public and pri­ vate, 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. 6-1.2.1 O 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 ConstructionSchedule does not meet the requirements of these specifications the Contractor shall correct the Con­struction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Con­tractor to obtain the Engineer's determination that the initial Construction Schedule proposed by theContractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of theNotice to Proceed and will receive payment for the schedule in accordance with Section 6-1.8.1.,, •tr Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C 6-1.2.10.2 "Accepted with Comments." The Co.ntractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating thecomments prior to receipt of payment per Section 6-1.8.1. 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the correctionsand changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as requiredherein before 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 theprovisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not sub­ mitted as required hereinbefore and marked "Accepted" by the Engineer. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with theEngineer during the last week of each month to agree upon each activity's schedule status and shallsubmit monthly updates of the Baseline Construction Schedule confirming the agreements no laterthan the fifth working day of the following month. The monthly update will be submitted on hard (paper)copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal require­ments of Section 2-5.3 and will include each item and element of Sections 6-1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed duringthe month. After first reporting an actual date, the Contractor shall not change that actual date in laterupdates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Con­tractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 Electronic Media. The schedule data shall be submitted on a thumb-drive, labeled with theproject name and number, the Contractor's name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in Section 6-1.2.4 "ScheduleSoftware" and shall be free of file locking, encryption or any other protocol that would impede fullaccess of all data stored on it. 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic,with an explanation for each change. 6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions re­flecting the change orders approved in the previous month. The network revisions will be as agreedupon during the review and acceptance of the Contractor's change orders. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and theirdurations arranged with the tasks on the vertical axis and duration on the horizontal axis. The barchart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and returnthe Updated Construction Schedule to the Contractor, with any comments, within 5 working days ofsubmittal. The Updated Construction Schedule will be returned marked as per Sections 6-1.4.1through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Ac­ cepted" 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 anycomments, within 5 working days. Failure of the Contractor to submit a monthly updated construction l'\ •+;' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C schedule will invoke the same consequences as the Engineer returning a monthly updated construc­tion schedule marked "Not Accepted". 6-1.4.1 "Accepted." The Contractor may proceed with the project work and will receive payment forthe schedule in accordance with Section 6-1.8.2. 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Con­tractor must resubmit the Updated Construction Schedule to the Engineer incorporating the correc­tions and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to theEngineer incorporating the corrections and changes noted in the Engineer's comments prior to receiptof payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be consideredas having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before thelast day of the month in which the Updated Construction Schedule is due. If the Contractor fails tosubmit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project,any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion orcontractually required milestone date later than the properly adjusted contract or milestone duration,the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of thepreviously held Liquidated Damages shall be released in the monthly payment to the Contractor im­mediately following the "Accepted" schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantiallydifferent from that depicted in the Project Schedule, independently of and prior to the next monthlyupdate, the Contractor will submit a revised Baseline Construction Schedule, with a list and explana­ tion of each change made to the schedule. The Revised Construction Schedule will be submitted perthe submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirementsof Section 6-1, including but not limited to the acceptance and payment provisions. As used in thissection "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project. 6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule updatewhen one hundred percent of the construction work is completed. The Contractor's Final ScheduleUpdate must accurately represent the actual dates for all activities. The final schedule update shall beprepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1.4Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update isrequired for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Measurement and Payment of Construction Schedule. The Contractor's preparation, revi­sion and maintenance of the Construction Schedule is incidental to the work and no separate paymentwill be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and torestore work areas to their original state of usefulness as soon as practicable, the Contractor shalldiligently prosecute the Work to completion. If the Engineer determines that the Contractor is failingto prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, im­mediately take steps to remedy the situation. All costs of prosecuting the Work as described herein,, •.,-Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As stated in Contractor's Proposal, all work within each building structure is required to be sequential (building by building) in coordination with the City, instead of simultaneously in all buildings, so public access can be coordinated and/or restricted during certain time periods as necessary. The ranch serves the community as a wedding venue and is very busy coordi­nating space in certain buildings and around the ranch during the spring, summer and fall. For this reason, construction activity of any sort must be limited to Mondays -Thursdays, with complete clean up of all work areas by close of business on Thursdays. Work in the Hacienda building may occur on Fridays, but only during the months of December to February. If Work is suspended through no fault of the City, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the City may elect to do so and deduct the cost thereoffrom monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Review of Contract Documents and Field Conditions by Contractor 1.Contractor and its Subcontractors shall carefully study and compare each of the Contract Docu­ ments with the others and with information furnished or made available by City of Carlsbad and shall promptly report in writing to City's Construction Management Consultant any errors, incon­sistencies, or omissions in the Contract Documents or inconsistencies with Legal Requirementsobserved by Contractor or its Subcontractors. 2.Contractor and its Subcontractors shall take field measurements, verify field conditions, and care­ fully compare with the Contract Documents such field measurements, conditions, and other infor­mation known to Contractor before commencing any item of Construction Work. Errors, inconsist­encies, or omissions discovered at any time shall be promptly reported in writing to City's Con­struction Management Consultant. 3.If Contractor and its Subcontractors performs any construction activity involving an error, incon­ sistency, or omission referred to in the General Provisions, without giving the notice required to the City's Construction Management Consultant and obtaining the written consent of the City'sConstruction Management Consultant, Contractor shall be responsible for the resultant losses,including, without limitation, the costs of correcting Defective Work. 4.Contractor shall be responsible for all Losses attributable to the errors or omissions of the Con­tractor in the performance of Pre-Construction Services. Prior to the issuance of a notice to pro­ceed for Phase 1, Phase 2 and Phase 3, Contractor shall certify and warrant that the plans for thatPhase are constructible and constructible within the applicable Phase Time. 6-2.2 Supervision and Construction Procedures 1.Contractor shall supervise, coordinate, and direct the Construction Work using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences, procedures, and the coordination of all portions of theConstruction Work. Contractor shall manage and administer all phases of construction activities,, •+;' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C to achieve the completion of the Construction Work within the requirements of the Contract Docu­ments. The Contractor shall coordinate the work of its Subcontractors to optimize efficiency and minimize conflict and interference between the various Subcontractors on-site. 2.Contractor shall be responsible to City of Carlsbad for acts and omissions of Contractor's agents,employees, and Subcontractors, and their respective agents and employees. 3.Contractor shall not be relieved of its obligation to perform the Construction Work in accordancewith the Contract Documents either by acts or omissions of City of Carlsbad or City's Construction Management Consultant in the administration of the Contract, or by tests, inspections, or approvalsrequired or performed by persons or firms other than Contractor. 4.Contractor shall be responsible for inspection of all portions of the Construction Work, includingthose portions already performed under this Contract, to determine that such portions conform to the requirements of the Contract Documents and are ready to receive subsequent ConstructionWork. 5.Contractor shall at all times maintain good discipline and order among its employees and Subcon­tractors. Contractor shall provide competent, fully qualified personnel to perform the Work. 6.Contractor's responsibility shall include assuring that its Subcontractors are meeting all the termsof the Contract Documents. Contractor shall provide on-site quality control and inspection to en­sure compliance with documents, drawings and contract specifications, schedule coordination andinformation coordination for all construction activities on the construction site including all General Provisions Work. Contractor shall schedule and coordinate testing and inspection services. Thiswill include coordination with the Subcontractors and the City's Construction Management Con­sultant, and scheduling of all Inspections. Prior to close-up of concealed areas, the Contractorshall coordinate all applicable inspections with the City's Construction Management Consultantand create a punch list and distribute to all affected Subcontractors. 7.Contractor shall coordinate all required utility shutdowns, road closures, traffic closures, and the like. This coordination shall follow procedures at the Facility, and or direction as provided by theCity's Construction Management Consultant. 6-2.3 Labor and Materials. Unless otherwise provided in the Contract Documents, Contractor shallprovide and pay for all labor, services, materials, equipment, tools, construction equipment and ma­chinery, water, heat, utilities, transportation, and other facilities and services necessary for properexecution and Final Completion of the Construction Work, whether temporary or permanent andwhether or not incorporated or to be incorporated in the Construction Work. 6-2.4 Contractor's Warranty 1.Contractor warrants to City of Carlsbad that all materials and equipment used in or incorporatedinto the Construction Work will be of good quality, new, and free of liens, claims, and securityinterests of third parties; that the Construction Work will be of good quality and free from defects;and that the Construction Work will conform with the requirements of the Contract Documents. If required by City's Construction Management Consultant, Contractor shall furnish satisfactory ev­idence as to the kind and quality of materials and equipment. 2.The Contractor shall assure that there is no damage of existing utilities; and protect trees androot systems both during demolition and construction.,, •+;' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C 6-2.5 Taxes. Contractor shall pay all sales, consumer, use, and similar taxes for the Work or por­ tions thereof provided by Contractor. 6-2.6 Permits, Fees and Notices. Except for the permits and approvals which are to be obtained by City of Carlsbad or the requirements with respect to which City of Carlsbad is not subject, Con­tractor shall secure and pay for all permits, approvals, government fees, licenses, and inspectionsnecessary for the proper execution and performance of the Construction Work. Contractor shall de­liver to City of Carlsbad all original licenses, permits, and approvals obtained by Contractor in con­ nection with the Construction Work prior to the final payment or upon termination of the Contract, whichever is earlier. 6-2.7 Compliance with Laws 1.Contractor shall keep fully informed of and shall comply with all statutes, laws, ordinances, codes, rules, regulations and orders of any properly constituted authority affecting the Work and persons connected with Work, and shall protect and indemnify the City of Carlsbad and its elected officials, officers, employees, consultants and agents against any claim or liability, including attorney'sfees, arising from or based on violation of any statutes, laws, ordinances, codes, rules, regula­tions or orders, whether by Contractor or by Subcontractors, employees or agents. Authorized persons may at any time enter upon any part of the Work to ascertain compliance of all applicable statutes, laws, ordinances, codes, rules, regulations and orders. 2.Contractor's Permits and License. Contractor certifies that it possesses and shall continue tomaintain or shall cause to be obtained and maintained, at no cost to the City of Carlsbad, all approvals, permissions, permits, licenses, and other forms of documentation required for it andits employees to comply with all applicable statutes, ordinances, and regulations, or other laws, that may apply to performance of work hereunder. City of Carlsbad may reasonably request and review all such applications, permits, and licenses. 3.Equal Opportunity. Contractor shall comply with the provisions of Title VII of the Civil Rights Actof 1964 in that Contractor shall not discriminate against any individual with respect to his or hercompensation, terms, conditions, or privileges of employment nor shall Contractor discriminate in any way that would deprive or intend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, color, religion, sex, national origin, age, handicap, medical condition, sexual orientation or marital status. 4.Drug and Alcohol-Free Workplace. In Board of Supervisors' Policy C-25, City of Carlsbad Drug and Alcohol Use Policy, the Board of Supervisors recognized that those who perform services orwork for City of Carlsbad under contract should perform the services or work as safely, effectivelyand efficiently as possible.a)Contractor and Contractor's employees, while performing work for the City, or while using City equipment: 1)Shall not be in any way impaired because of being under the influence of alcohol or a drug. 2)Shall not possess, consume or be under the influence of alcohol and/or an illegal drug. 3)Shall not sell, offer, or provide alcohol or an illegal drug to another person. b)Section 1. 7.5 is a material condition of this Contract. If the City's Construction ManagementConsultant determines that Contractor and/or Contractor's employee(s) has not complied with Section 1. 7 .5, City may terminate this Contract for default and may also terminate any other contract Contractor has with City. {' •+;' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C 5.Cartwright Act. Following receipt of final payment under the Contract, Contractor assigns to City of Carlsbad all rights, title and interest in and to all causes of action it may have under Section 4of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 1 of Part 2 of Division7 of the Business and Professions Code, commencing with section 16700), arising from pur­chases of goods, materials, or work by the Contractor for sale to City under this Contract. 6.Hazardous Materials. Contractor shall comply with all Environmental Laws and all other laws,rules, regulations, and requirements regarding Hazardous Materials, health and safety, notices,and training. Contractor shall not store any Hazardous Materials on any City property for morethan 90 days or in violation of the applicable site storage limitations imposed by EnvironmentalLaw. At its sole expense, Contractor shall take all actions necessary to protect third parties,including, without limitation, employees and agents of City, from any exposure to Hazardous Ma­terials generated or utilized in Contractor's performance under this Contract. Contractor shallreport to the appropriate governmental agencies all discharges, releases, and spills of Hazardous Materials that are required to be reported by any Environmental Law and to immediately notifythe City of it. Contractor shall not be liable to the City for City's failure to comply with, or for City'sviolation of, any Environmental Law. As used in this section, the term "Environmental Laws"means any and all federal, State and local laws, ordinances, rules, decrees, orders, regulationsor court decisions (including the "common law"), relating to hazardous substances, hazardous materials, hazardous waste, toxic substances, environmental conditions or other similar sub­stances or conditions. One such law is the Resource Conservation and Recovery Act. As usedin this section, the term "Hazardous Materials" means any chemical, compound, material, sub­stance or other matter that: (a) is a flammable, explosive, asbestos, radioactive nuclear medicine,vaccine, bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious material,whether injurious or potentially injurious by itself or in combination with other materials; (b) iscontrolled, referred to, designated in or governed by any Environmental Laws; (c) gives rise toany reporting, notice or publication requirements under any Environmental Laws; or (d) is anyother material or substance for which there may be any liability, responsibility or duty on City orContractor with respect to any third person under any Environmental Laws. 7.Debarment and Suspension. Contractor certifies that it, its principals, its employees and its Sub­contractors:a)Are not presently debarred, suspended, proposed for debarment, declared ineligible, or vol­untarily excluded from covered transactions by any State or federal department or agency.b)Have not within a 3-year period preceding this Contract been convicted of, or had a civil judg­ment rendered against them for, the commission of fraud or a criminal offense in connectionwith obtaining, attempting to obtain, or performing a public (federal, State, or local) transac­tion; violation of federal or State anti-trust statutes or commission of embezzlement, theft,forgery, bribery, falsification or destruction of records, making false statements, or receivingstolen property;c)Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, State, or local) with commission of any of the offenses enumerated in the paragraphabove;andd)Have not within a 3-year period preceding this Contract had one or more public transactions(federal, State, or local) terminated for cause or default. 8.To the extent applicable, whenever the Drawings and Specifications require larger sizes or higherstandards than are required by any applicable law, ordinance, regulation or order, the Drawingsand Specifications shall govern. Whenever the Drawings and Specifications require something,which would violate such laws, ordinances, regulations or orders, then such laws, ordinances,regulations or orders shall govern.,, •+' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C 9.During excavation or at any other time that evidence of any archaeological artifacts, human burialremains, or unique paleontology is found, the Contractor shall immediately cease work and notifythe City of Carlsbad orally and in writing.a)The Contractor shall grant the City forty-eight (48) hours to evaluate the archaeological evi­dence. The Contractor will be granted an extension of time and will not be assessed with liquidated damages or any penalties for the forty-eight (48) hour period of this provision. TheContractor shall have no claim for any additional damage or compensation due to this delay. 10.For additional time, beyond the forty-eight (48) hours, required by the City to pursue any actionrelative to the archaeological aspects of the site, the Contractor will be granted an appropriate time extension as provided in this Contract. 6-2.8 Superintendent and Key Personnel 1.Contractor shall employ a competent Superintendent satisfactory to City who shall be at the Pro­ject site at all times during the performance of the Construction Work. Superintendent shall rep­ resent Contractor, and communications given to and received from Superintendent shall be bind­ing on Contractor. Failure to maintain a Superintendent on the Project site at all times Construc­tion Work is in progress shall be considered a material breach of this Contract, entitling City ofCarlsbad to terminate the Contract or alternatively, issue a Stop Work Order until the Superinten­dent is on the Project site. If, by virtue of issuance of said Stop Work Order, Contractor fails tocomplete the Contract on time, Contractor will be assessed Liquidated Damages in accordancewith the Agreement. 2.The Superintendent approved for the Project must be ·able to read, write and orally communicatein English. The Superintendent may not perform the Construction Work of any trade, pick-upmaterials, or perform any Construction Work not directly related to the supervision and coordina­tion of the Construction Work at the Project site when Construction Work is in progress. 3.Contractor shall provide the Key Personnel, in addition to the Superintendent. Substitution or re­placement of any named individual requires the written approval of the City's Construction Man­agement Consultant, which approval will be at the sole discretion of City of Carlsbad. Failure toprovide the listed individuals at all times Work is in progress shall be considered a material breachof this Contract unless the named individuals are no longer employed or retained by Contractor, acompany Contractor has a financial interest in, or a parent company of Contractor; such materialbreach shall entitle City of Carlsbad to terminate the Contract or alternatively, issue a Stop Work Order until the individual or an acceptable replacement is provided. If, by virtue of issuance of saidStop Work Order, Contractor fails to complete the Contract on time, Contractor will be subject toLiquidated Damages in accordance with the Contract. 6-2.9 As-Built Documents. Contractor shall maintain one set of as-built drawings and specifica­tions on site, which shall be kept up to date during the Construction Work of the Contract. All changesincorporated into the Construction Work that differ from the documents as drawn and written shall benoted on the as-built set. Notations shall reflect the actual materials, equipment and installation meth­ods used for the Construction Work and each revision shall be initialed and dated by Superintendent.Prior to filing of the Notice of Completion, each drawing and the specification cover shall be signed byContractor and dated attesting to the completeness of the information noted therein. As-built Docu­ments shall be turned over to the City's Construction Management Consultant and shall become part of the Record Documents. {'\ •;;' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C 6-2.10 Documents and Samples at Project Site 1.Contractor shall maintain the following at the Project sitea)One as-built copy of the Contract Documents, in good order and marked to record currentchanges and selections made during construction b)The current accepted Contract Schedulec)Shop Drawings, Product Data, and Samplesd)All other required submittals 2.These documents shall be available to City's Construction Management Consultant and shall be delivered to City's Construction Management Consultant for submittal to City of Carlsbad upon theearlier of Final Completion or termination of the Contract. 6-2.11 Shop Drawings, Product Data and Samples 1.Definitions:a)Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for theConstruction Work by Contractor or a Subcontractor to illustrate some portion of the Con­struction Work.b)Product Data are illustrations, standard schedules, performance charts, instructions, bro­ chures, diagrams, and other information furnished by Contractor to illustrate or describe ma­terials or equipment for some portion of the Construction Work.c)Samples are physical examples which illustrate materials, equipment, or workmanship andestablish standards by which the Construction Work will be judged. 2.Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. Their purpose is to demonstrate, for those portions of the Construction Work for which submittalsare required, how Contractor proposes to conform to the information given and the design con­cept expressed in the Contract Documents. 3.Contractor shall review, approve, and submit to City's Construction Management Consultant ShopDrawings, Product Data, Samples, and similar submittals required by the Contract Documents withreasonable promptness and in such sequence as to cause no delay in the Construction Work orin the activities of City of Carlsbad or of Separate Contractors. Submittals made by Contractor thatare not required by the Contract Documents may be returned without action by City's ConstructionManagement Consultant. 4.Contractor shall perform no portion of the Construction Work requiring submittal and review ofShop Drawings, Product Data, Samples, or similar submittals until the respective submittal has been reviewed by City's Construction Management Consultant and no exceptions have been takenby City's Construction Management Consultant. Such Construction Work shall be in accordancewith approved submittals and the Contract Documents. 5.By approving and submitting Shop Drawings, Product Data, Samples, and similar submittals, Con­tractor represents that it has determined or verified materials and field measurements and condi­tions related thereto, and that it has checked and coordinated the information contained withinsuch submittals with the requirements of the Contract Documents and Shop Drawings for relatedConstruction Work. 6.If Contractor discovers any conflicts, omissions, or errors in Shop Drawings or other submittals,Contractor shall notify City's Construction Management Consultant and receive instruction beforeproceeding with the affected Work.,, • ., Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C 7.Contractor shall not be relieved of responsibility for deviations from requirements of the ContractDocuments by City's Construction Management Consultant's review of Shop Drawings, ProductData, Samples, or similar submittals, unless Contractor has specifically informed City's Construc­ tion Management Consultant in writing of such deviation at the time of submittal and City's Con­struction Management Consultant has given written approval of the specific deviation. Contractorshall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data,Samples, or similar submittals by City's Construction Management Consultant's review, ac­ceptance, comment, or approval thereof. 8.Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, ProductData, Samples, or similar submittals, to revisions other than those requested by City's Construc­tion Management Consultant on previous submittals. 6-2.12 Use of Site and Clean Up 1.Contractor shall confine operations at the Project site to areas affected by the applicable Workexercised and to those areas permitted by law, ordinances, permits, and the Contract Documents.Contractor shall not unreasonably encumber the Project site with materials or equipment. 2.Contractor shall, during performance of the Construction Work, keep the Project site and sur­rounding area free from the accumulation of excess dirt, waste materials, and rubbish caused byContractor. Contractor shall remove all dirt, waste material, and rubbish caused by the Contrac­tor; tools; equipment; machinery; and surplus materials from the Project site and surroundingarea at the completion of the Construction Work. 3.Personnel of Contractor and Subcontractors shall not occupy, live upon, or otherwise make useof any portion of the Project site during any time that Work is not being performed at that portionthe Project site, except as otherwise provided in the Contract Documents. 6-2.13 Cutting, Fitting and Patching 1.Contractor shall do all cutting, fitting, or patching of the Construction Work required to make allparts of the Construction Work come together properly and to allow the Construction Work toreceive or be received by work of Separate Contractors shown upon, or reasonably implied by,the Contract Documents. 2.Contractor shall not endanger the Construction Work, the Project, or adjacent property by cutting, digging, or otherwise. Contractor shall not cut or alter the work of any Separate Contractor withoutthe prior consent of City's Construction Management Consultant. 6-2.14 Access to Construction Work. City representative, their consultants, and other persons au­ thorized by City shall at all times have access to the Construction Work wherever it is in preparationor progress. Contractor shall provide safe and proper facilities for such access and for inspection. 6-2.15 Royalties and Patents. Contractor shall pay all royalties and license fees required for theperformance of the Work, which are included in the Contract Sum. Contractor shall defend suits orclaims resulting from Contractor's or any Subcontractor's infringement of patent rights, and Contrac­tor's indemnification obligations per the General Provisions of the contract shall specifically apply toany losses on account thereof. {'\ •+r Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C 6-2.16 Differing Site Conditions 1.If Contractor encounters any of the following conditions at the site, Contractor shall immediatelynotify the City's Construction Management Consultant in writing of the specific differing conditionsbefore they are disturbed and before any affected Work is performed, and permit investigation ofthe conditions: a)Subsurface or latent physical conditions at the site (including Hazardous Materials) that differmaterially from those indicated in this Contract, or if not indicated in this Contract, in the In­ formation Available to Bidders; orb)Unknown physical conditions at the site, of an unusual nature, that differ materially from thoseordinarily encountered and generally recognized as inherent in work of the character providedfor in the Contract. 2.Contractor shall be entitled to an adjustment to the Contract Sum and/or Contract Time as theresult of extra costs and/or delays resulting from a materially differing site condition, if and only ifContractor fulfills the following conditions:a)Contractor fully complies with the contact documents (including the timely filing of a ChangeOrder Request and all other requirements for Change Orders Requests and Claims). 3.Adjustments to the Contract Sum and/or Contract Time shall be subject to the procedures andlimitations set forth in the contact documents. 6-2.17 Concealed, Unforeseen or Unknown Conditions or Events 1.Except as and only to the extent provided otherwise in the contact documents, by signing thecontract agreement, Contractor agrees:a)To bear the risk of concealed, unforeseen or unknown conditions and events, if any, whichmay be encountered in performing the Contract; and b)That Contractor's bid for the Contract was made with full knowledge of this risk. 2.In agreeing to bear the risk of concealed, unforeseen or unknown conditions and events, Con­tractor understands that concealed, unforeseen or unknown conditions or events shall not excuseContractor from its obligation to achieve Final Completion of the Work within the Contract Time, and shall not entitle the Contractor to an adjustment of the Contract Sum. 3.If Contractor encounters concealed, unforeseen or unknown conditions or events that may re­quire a change to the design shown in the Contract Documents, Contractor shall immediatelynotify City's Construction Management Consultant in writing such that City's Construction Man­agement Consultant can determine if a change to the design is required. Contractor shall be liableto City of Carlsbad for any extra costs incurred as the result of Contractor's failure to immediately give such notice. 4.If, as the result of concealed, unforeseen or unknown conditions or events, the City of Carlsbad issues a Change Order or Field Change that changes the design from the design depicted in theContract Documents, Contractor shall be entitled, subject to compliance with all the provisions ofthe Contract, to an adjustment of the Contract Sum and/or Contract Time, for the cost and delayresulting from implementing the changes to the design. 5.Contractor shall, as a condition precedent to any adjustment in Contract Sum or Contract Timeabove, fully comply with the General Provisions (including the timely filing of a Change Order Request and all other requirements for Change Orders Requests and Claims).,, •+; Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C 6-2.18 Notice of Hazardous Waste or Materials Conditions 1.Written notice of hazardous materials condition by Contractor shall be given to the City of Carls­bad promptly, before any of the following conditions are disturbed (except in an emergency asrequired by Section 10.3 of these General Provisions), and in no event later than twenty-four (24)hours after first observance, of any (a) material that Contractor believes may be material that ishazardous waste or hazardous material, as defined in Section 25117 of the Health and SafetyCode (including, without limitation, asbestos, lead, PCBs, petroleum and related hydrocarbons,and radioactive material) that is required to be removed to a Class I, Class II, or Class Ill disposalsite in accordance with provisions of existing law ("hazardous materials"); (b) other material whichmay present a substantial danger to persons or property exposed thereto in connection with Workat the Site ("other materials"). 2.Except as otherwise provided in the Contract or as required by applicable law, Contractor shallnot be required to give any notice for the disturbance or observation of any such hazardous ma­terials or other materials where such matter is disturbed or observed as part of the scope of Work under the Contract (such as hazardous waste or hazardous material investigation, reme­diation or disposal activities which are identified as the subject of Work under the Contract),where Contractor complies with all requirements in the Contract and applicable law respectingsuch materials. 3.Contractor's written notice of hazardous materials conditions under Section 3.19.1 above shallindicate whether the hazardous materials or other materials were shown or indicated in the Con­tract to be within the scope of Work, and whether the hazardous materials or other materials werebrought to the Site by Contractor, its Subcontractors, suppliers, or anyone else for whom Con­tractor is responsible. 4.Contractor shall not be entitled to any adjustment in the Contract Sum or Contract Time regardingclaimed hazardous waste or materials if (1) Contractor knew of the existence of such hazardousmaterials or other materials at the time Contractor submitted its proposal; or (2) Contractor shouldhave known of the existence of such hazardous materials or other materials pursuant to Contrac­tor's due diligence required under Article 1 O of the Agreement or Section 3.1 of these GeneralProvisions; or (3) Contractor failed to give the written Notice of Hazardous Materials Conditionswithin the time required by Section 3.19.1 of these General Provisions. Notwithstanding (1) and(2)above, Contractor may (subject to (3) above) be entitled to adjustment in the Contract Sum or Time regarding claimed hazardous waste or materials if not reasonably discernible from thereports and information provided by City of Carlsbad, other information reasonably available toContractor, visual observation or reasonable investigation. If the City of Carlsbad determines thatconditions do involve hazardous materials or other materials or that change in Contract terms isjustified, then the City of Carlsbad will either issue a Request for Proposal or an appropriateChange Order under the procedures described in the Contract. 5.If the City of Carlsbad determines that conditions do not involve hazardous materials or othermaterials or that no change in Contract terms is justified, the City of Carlsbad shall notify Con­tractor in writing, stating the reasons for its determination. If the City of Carlsbad and Contractorcannot agree on any claimed adjustment in Contract Sum or Contract Time, Contractor shallproceed with the Work and as directed by the City of Carlsbad and may file a claim as providedfor in these General Provisions. 6.If the Contractor does not agree to resume work based on a reasonable belief that it is unsafe,or does not agree to resume work under special conditions, the City of Carlsbad may order thedisputed portion of work deleted from the Work, or performed by others, or the City of Carlsbad ('\ •,;' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C may invoke its right to terminate Contractor's right to proceed under the Contract in whole or in part for convenience or for cause as the facts may warrant. If Contractor does not agree with the City of Carlsbad's determination of any adjustment in the Contract Sum or Times as a result, Contractor may make a claim as provided in Section 4.3 of these General Provisions. 6-2.19 Subcontractor Procurement Contractor is responsible to competitively procure all Subcontracted Work in accordance with the applicable provisions of the California Public Contract Code, including, without limitation, Section 20146 and the protections afforded subcontractors by Section 4100, et seq. 6-2.20 Project Meetings. The City's Construction Management Consultant will establish the time and location of Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Rep­ resentative". No separate payment for attendance of the Contractor, the Contractor's Representativeor any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-2.21 Daily Reporting During Prosecution of Work. 1.Prepare a daily construction report recording the following information concerning events at Pro­ ject site: a)List of subcontractors at Project site.b)List of separate contractors at Project site. c)Approximate count of personnel at Project site. d) Equipment at Project site. e)Material deliveries. f)High and low temperatures and general weather conditions, including presence of rain orSnow g)Accidents.h)Meetings and significant decisions. i)Unusual events (see special reports). j)Stoppages, delays, shortages, and losses. k)Meter readings and similar recordings.I)Emergency procedures. m)Orders and requests of authorities having jurisdiction.n)Change Orders received and implemented.o)Construction Change Directives received and implemented. p)Services connected and disconnected. q)Equipment or system tests and startups. r)Partial completions and occupancies.s)Substantial Completions authorized. 2.Daily labor sign in sheet logs and construction progress report shall be submitted to the Construction Manager on a daily basis. Copies of the previous day's reports must be submitted by 9 am of the following Workday. In the event the Contractor fails to provide a daily sign in logand/or construction progress report, the City may impose damages against the Contractor in the amount of fifty dollars ($50.00) fo r each log/report and deduct from the Contractor's payment re­ quest, for each Day the Contractor does not provide the documentation. 3.Material Location Reports: At weekly intervals, prepare and submit a comprehensive list ofmaterials delivered to and stored at Project site. List shall be cumulative, showing materials pre­vious ly reported plus items recently delivered. Include with list a statement of progress on and,, •+r Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C delivery dates for materials or items of equipment fabricated or stored away from Project site. Indicate the following categories for stored materials: a)Material stored prior to previous report and remaining in storage.b)Material stored prior to previous report and since removed from storage and installed.c)Material stored following previous report and remaining in storage. 4.Site Condition Reports: Immediately on discovery of a difference between site conditions and the Contract Documents, prepare and submit a detailed report. Submit with a Request for Information. Include a detailed description of the differing conditions, together with recommendations for chang­ing the Contract Documents. 6-2.22 Special Reports 1.General: Submit special reports directly to Owner within one day(s) of an occurrence. Distributecopies of report to parties affected by the occurrence. 2.Reporting Unusual Events: When an event of an unusual and significant nature occurs at Pro­ ject site, whether or not related directly to the Work, prepare and submit a special report. List chain of events, persons participating, response by Contractor's personnel, evaluation of resultsor effects, and similar pertinent information. Advise Owner in advance when these events are known or predictable. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineerthat the suspension is necessary in the interest of the Agency. The Contractor shall comply immedi­ately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeo­ logical or paleontological interest, the Contractor shall immediately cease excavation in the area ofdiscovery and shall not continue until ordered by the Engineer. When resumed, excavation operationswithin the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but are not limited to, dwelling sites, stone im­ plements or other artifacts, animal bones, human bones, and fossils. If such an evert occurs, the Contractor shall be entitled to an extension of time and may also be entitled to compensation in ac­cordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equip­ment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Workschedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent ofthe Contract, the Agency may serve written notice upon the Contractor and the Surety on its FaithfulPerformance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Con­tractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims {"\ •,; Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include war, government regulations, labor disputes, strikes, fires, floods, ad­verse weather or elements necessitating cessation of work, inability to obtain materials, labor or equip­ment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved con­struction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delaysto the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless itcan be shown that such delays did or will delay the progress of the Work.,., • ., Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages in­curred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by anyreasonable means, such as judicious handling of forces, equipment, or plant. The determination ofwhat damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer withintwo hours of the beginning of any period that the Contractor has placed any workers or equipment onstandby 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 continuingdaily written notice to the Engineer, each working day, throughout the duration of such period of delay.The initial and continuing written notices shall include the classification of each workman and super­visor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why theContractor could not avoid the delay by reasonable means. Should the Contractor fail to provide thenotice(s) required by this section the Contractor agrees that no delay has occurred and that it will notsubmit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. TheContractor shall diligently prosecute the work to completion within 4 months (85 working days) afterthe starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by theEngineer for all work provided for in the Contract, whichever occurs first, other than: 1.Saturday, 2.Sunday, 3.any day designated as a holiday by the Agency, 4.any other day designated as a holiday in a Master Labor Agreement entered into by the Contractoror on behalf of the Contractor as an eligible member of a contractor association, 5.any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6.any day the Contractor is prevented from working during the first 5 hours with at least 60 percentof the normal work force for cause as defined in Section 6-6.1. Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Thursdays, excluding Agency holidays. The Contrac­tor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the ,, •� Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each workingday to be charged against the Contract time. These determinations will be discussed and the Con­tractor will be furnished a periodic statement showing allowable number of working days of Contracttime, as adjusted, at the beginning of the reporting period. The statement will also indicate the numberof working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed tohave been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the City for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The City will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the City is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. The only exception to this requirement is some unfinished work may be provisionally accepted if it still allows a temporary certificate of occupancy to be issued for Phase 1, 2 or 3. 6-8.1 Beneficial Occupancy The City reserves the right, at its option and convenience, to occupy or otherwise make use of anypart of the Construction Work at any time prior to Substantial Completion or Final Completion uponten (10) days' notice to Contractor. Such occupancy or use is herein referred to as "Beneficial Occu­pancy." Beneficial Occupancy or Temporary Occupancy, shall be subject to the following conditions: 1.City's Construction Management Consultant will inspect the portion of the Project to be benefi­cially occupied and prepare a list of items to be completed or corrected. Contractor shall obtainapproval from City Building Inspector for Beneficial Occupancy. 2.Beneficial Occupancy by City of Carlsbad shall not be construed by Contractor as an acceptance by City of Carlsbad of that portion of the Construction Work which is to be occupied. 3.Beneficial Occupancy by City of Carlsbad shall not constitute a waiver of existing claims of Cityof Carlsbad or Contractor against each other. 4.Contractor shall provide, in the areas beneficially occupied and on a twenty-four (24) hour and seven (7) day a week basis as required, utility services, heating, and cooling for systems which are in operable condition at the time of Beneficial Occupancy. All responsibility for the operationand maintenance of equipment shall remain with Contractor while the equipment is so operated.Contractor shall submit to City of Carlsbad an itemized list of each piece of equipment so oper­ ated with the date operation commences. 5.The Contractor's guarantee to repair will commence upon the date approved by the City for Ben­eficial Occupancy except that the guarantee to repair periods for that part of equipment or sys­tems that serve portions of the Work for which City has not taken Beneficial Occupancy shall notcommence until the City has taken Beneficial Occupancy for that portion of the Work or hasissued a Certificate of Substantial Completion with respect to the entire Project. The City will pay {'\ •ff Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C all normal operating and maintenance costs resulting from its use of equipment in areas benefi­ cially occupied. 6.The City will pay all utility costs that arise out of the Beneficial Occupancy. 7.Contractor shall not be responsible for providing security in areas beneficially occupied. 8.The City will use its best efforts to prevent its Beneficial Occupancy from interfering with the conduct of Contractor's remaining Construction Work. 9.Contractor shall not be required to repair damage caused by the City in its Beneficial Occupancy. 10.There shall be no added cost to the City due to Beneficial Occupancy. 11.Contractor shall continue to maintain all insurance required by the Contract in full force and effect. 6-8.2 Substantial Completion 1."Substantial Completion" means the stage in the progress of the Construction Work, as deter­ mined by City's Construction Management Consultant, when the Construction Work is completeand in accordance with the Contract Documents except only for completion of minor items thatdo not impair City's ability to occupy and fully utilize the Construction Work for its intended pur­pose and a Certificate of Occupancy for the Work has been issued by the City's Building Official. 2.When Contractor gives notice to City's Construction Management Consultant that the Construc­ tion Work is substantially complete, unless City's Construction Management Consultant deter­mines that the Construction Work is not sufficiently complete to warrant an inspection to deter­mine Substantial Completion, City's Construction Management Consultant will inspect the Con­ struction Work. If the City's Construction Management Consultant determines that the Work is not substantially complete the City's Construction Management Consultant will prepare and give to Contractor a comprehensive list of items to be completed or corrected before establishing Substantial Completion. Contractor shall proceed promptly to complete and correct items on thelist. Failure to include an item on such list does not alter the responsibility of Contractor to com­plete all Construction Work in accordance with the Contract Documents. City's ConstructionManagement Consultant will inspect to determine whether the Construction Work is substantially complete. Costs for additional inspection by City's Construction Management Consultant shall be deducted from any monies due and payable to Contractor. 3.When City's Construction Management Consultant determines that the Construction Work is sub­ stantially complete, City's Construction Management Consultant will arrange for inspection by the City's Building Official and other officials, as appropriate, for the purpose of issuing a Certificate of Occupancy. After a Certificate of Occupancy has been issued by the City's Building Official, the City's Construction Management Consultant will prepare a Certificate of Substantial Completion, which, when signed by the City, shall establish the date of Substantial Completion and the respon­sibilities of City and Contractor for security, maintenance, utilities, insurance, and damage to theConstruction Work. The City's Construction Management Consultant will prepare and furnish to the Contractor a comprehensive "punch list" of items to be completed or corrected prior to FinalCompletion. 4.Unless otherwise provided in the Certificate of Substantial Completion, the guarantee to repair period for the Construction Work covered by the Certificate of Substantial Completion, shall com {'\ •+' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C mence on the date of Substantial Completion of the Construction Work except that Substantial Completion shall not commence the guarantee to repair period for any equipment or systems that: a)Are not operational (equipment or systems shall not be considered operational if they cannot be used to provide the intended service);b)Are not accepted by the City; orc)Are part of the Construction Work that is not yet Substantially Complete. The guarantee to repair period for equipment or systems operational and accepted subsequent to Substantial Completion will begin on the date of their written acceptance by the City. 5.The daily rate included in the Agreement and specifically identified as the rate to be paid to Con­tractor for Compensable Delays shall not apply to any delays occurring after the ConstructionWork is substantially completed. 6-8.3 Final Completion, Final Payment and Release of Retention 1.Upon receipt of notice from Contractor that the Work is ready for final inspection, City's Construc­tion Management Consultant will make such inspection. Final Completion shall be when City'sConstruction Management Consultant determines that the Work is fully completed and in accord­ance with the Contract Documents, including without limitation, satisfaction of all "punch list"items, and determines that a Certificate of Occupancy has been issued by the City's BuildingOfficial. The City will file a Notice of Completion within fifteen (15) days after Final Completion.After receipt of the final Application for Payment, if City's Construction Management Consultant determines that Final Completion has occurred, City's Construction Management Consultant willissue the final Certificate for Payment. 2.Final payment and retention shall be released to Contractor, as set forth above, after:a)Contractor submits the final Application for Payment and all submittals required above;b)Contractor submits all guarantees and warranties procured by Contractor from Subcontrac­tors, all operating manuals for equipment installed in the Project, as-built documents, and allother submittals required by the Contract Documents; andc)City's Construction Management Consultant issues the final Certificate for Payment. 3.Final payment shall be paid not more than ten (10) days after City's Construction ManagementConsultant issues the final Certificate for Payment. Retention shall be released to Contractorthirty-five (35) days after the Notice of Completion is filed by the county. 4.Acceptance of final payment by Contractor shall constitute a waiver of all claims related to theWork, except claims for retention and claims previously made in writing and identified by Con­tractor as unsettled at the time of the final Application for Payment. 5.Upon project completion and notice by the Engineer, the City may accept the completed projectWork. Upon the City's acceptance of the Work the Engineer will cause a "Notice of Completion"to be filed in the office of the San Diego County Recorder. The date of recordation shall be thedate of completion of the Work. 6.The completed project work shall be warranted for two (2) years after official notice from City'sConstruction Management Consultant that project work has been fully completed in accordancewith the Contract Documents, including without limitation, satisfaction of all "punch list" items,and the City's Building Official has signed off the permit card. Any faulty work or materials dis­covered during the warranty periods shall be repaired or replaced by the Contractor, at its ex­ pense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond {' •ti' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C for the warranty periods. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time al­lowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of one thousand dollars ($1,000.00) Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that $1,000 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negli­gence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Con­tractor, Subcontractor, their officers, employees, or agents. ,, •+;' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C SECTION 7 -RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed whois found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or whofails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applica­ble provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimina­tion because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability 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. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which re­quire every employer to be insured against liability for workers' compensa­tion or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the perfor­mance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. ,, •+' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C The Agency, its officers, or employees, will not be responsible for any claims in law or equity occa­ sioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' com­ pensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials re­ moved from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contrac­ tor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 Resource Agency Permits. Not used. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall desig­ nate in writing a representative who shall have complete authority to act for it. An alternative repre­sentative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person ln charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Con­ tractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascer­ taining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. the Contractor will not be entitled to additional compensation from the Agency for damages resulting l' •f' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies dur­ing the relocation or construction of their lines. The Contractor may be granted a time extension if, inthe opinion of the Engineer, a delay is caused by the utility company. No additional compensation willbe made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension ofwork, and until the final acceptance, the Contractor shall keep the site clean and free from rubbishand debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to sus­ pend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Con­tract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no addi­tional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air con­taminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contractshall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arrangedand 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 shallbe liable for injury to persons or property and responsible for the elimination of offensive odors result­ing from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employ­ees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condi­tion. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps.,, •+r Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and re­ move 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. TheContractor 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 Con­ tractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that theyare associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. Not used 7-8.7 Drainage Control. Not used 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercisedue caution to avoid damage to such property. The Contractor shall repair or replace any site amenities and/or building finishes which are damaged or removed as a result of its operations. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. All costs to the Contractor for protecting, removing, and restoring existing site amenities and/or build­ ing finishes shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience.The access rights of the public shall be considered at all times. Unless otherwise authorized, trafficshall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facil­ ities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collec­tion and removal of trash and garbage to maintain existing schedules for these services. ,, •+r Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not bestored in roadways after unloading. All materials or equipment not installed or used in constructionafter unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. 7-10.3 Street Closures, Detours, Barricades. Not used 7-10.3.1 Construction Area Signs and Control Devices. All construction signs and control devicesshall be maintained throughout the duration of work in good order. The City's Construction Manage­ment Consultant may require additional signage if deemed necessary. 7-10.3.2 Maintaining Traffic. Not used. 7-10.3.3 Traffic Control System for Lane Closure. Not used. 7-10.3.4 Traffic Control for Permanent and Temporary Traffic Striping. Not used. 7-10.3.5 Temporary Pavement Delineation. Not used 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control PlanSheets. Not used. 7-10.3. 7 Payment. The Contractor shall prepare and install construction signs and control devices and shall furnish all labor and materials to maintain, replace and remove them as incidental expensesto the work with which they are associated and no other compensation will be allowed therefore. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of:Construction Safety Orders and General Industry Safety Orders issued by the State Division of Indus­trial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordi­nances, and regulations. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for each category of work. 7-10.4.2 Use of Explosives. Not used. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous sub­stances or mixtures may be required on the Work. A Material Safety Data Sheet as described in,, •;;' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. 1.Confined Space Entry Program. The Contractor shall be responsible for implementing, adminis­tering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156,5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: a)Training of personnelb)Purging and cleaning the space of materials and residuec)Potential isolation and control of energy and material inflowd)Controlled access to the spacee)Atmospheric testing of the spacef)Ventilation of the spaceg)Special hazards considerationh)Personal protective equipmenti)Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor per­ sonnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. 2.Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Sec­tion 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipe­lines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-re­quired confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required confinedspace. A copy of the permit shall be available at all times for review by Contractor and Agencypersonnel at the Work site. 3.Payment. Payment for implementing, administering, and providing all equipment and personnel toperform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessaryprecautions for the safety of employees on the work and shall comply with all applicable provisions ofFederal, State and Municipal safety laws and building codes to prevent accidents or injury to personson, about, or adjacent to the premises where the work is being performed. The Contractor shall erectand properly maintain at all times, as required by the conditions and progress of the work, all neces­ sary safeguards for the protection of workers and public, and shall use danger signs warning againsthazards created by such features of construction as protruding nails, hoists, well holes, and fallingmaterials. {'\ •+' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C 7-11 PA TENT FEES OR ROY AL Tl ES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall in­demnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, archi­tects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those em­ ployed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pur­ suant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, ser­ vices, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." l'\ •+;' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C SECTION 8-MEASUREMENT AND PAYMENT 8-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 8-1.1 General. Unless otherwise provided in Specifications, volumetric quantities shall be the prod­uct of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimen­sion. 8-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis ofmeasurement shall be measured in accordance with methods stipulated in the particular sections in­ volved. 8-1.3 Certified Weights. Not used 8-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. StandardMeasures. 8-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job",shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for theitems of work and all work appurtenant thereto. When required by the Specifications or requested by the City's Construction Management Consultant, the Contractor shall submit to the City's Construction Management Consultant within 15 days after award of Contract, a detailed schedule, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the City's Construction Management Consultant that it correctly represents a reasonable apportionment of the lump sum. 8-3 PAYMENT 8-3.1 General. Lump sum prices to be paid shall be full compensation for the items of work and allappurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for dis­posing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or be­coming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any ,, •+' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such pay­ment be construed to be acceptance of any of the Work. Payment shall not be construed as the trans­fer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of re­cordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 8-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closuredate for the purpose of making monthly progress payments. The Contractor may request in writingthat such monthly closure date be changed. The Engineer may approve such request when it is com­patible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the clo­sure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed pro­gress pay estimate and submit it to the Contractor for the Contractor's information. Should the Con­tractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental pay­ment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a doc­ument setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30)days after receipt of an undisputed and properly submitted supplemental payment request fromthe Contractor. If payment of the undisputed supplemental payment request is not made within thirty(30)days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent tothe legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 5 percent will be deducted and retained by the Agency, and the remain­der less the amount of all previous payments will be paid. ,, •f' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress pay­ments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the En­gineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 8-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statementrequired in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement bythe Contractor no later than the date of receipt of the final payment estimate. Those final paymentitems disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included inthis written statement, nor will any claim be allowed for which written notice or protest is required underany provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting,unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further infor­mation and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Sec­tion 3-5, Disputed Work, for those claims remaining in dispute. ,, •,r Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C 8-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation andconditions therein, the cost of materials and equipment delivered but not incorporated into the Workwill be included in the progress estimate. 8-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject tothe conditions and limitations in the Specifications, the costs of work in advance of construction oper­ations and not directly attributable to any specific bid item will be included in the progress estimate.When no such bid item is provided, payment for such costs will be considered to be included in theother items of work. 8-3.4.1 Mobilization and Preparatory Work. The Contract lump-sum price paid for mobilization and preparatory work shall not exceed twenty thousand dollars ($20,000.00) 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, in­ cluding, 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, 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 hereby 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. 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), up to forty percent (40%) of the amount bid for Mobilization and Preparatory Work will be allowed. For the second progress payment, an additional amount up to sixty percent (60%) of the amount bid for mobilization and pre­paratory work will be allowed therefore. 8-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in theContractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, GeneralProvisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items.Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegeta­ tion in place. If damaged during the work, Contractor is responsible to repair or replace any utilities,improvements, landscaping, irrigation systems, and vegetation at his expense. ,, •+;' Revised 6/15/17 Contract No. 4748 EXHIBIT D (Cont.)PWM24-2411FAC Exhibit "D" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Table of Contents Division Section Title Revision Date DIVISION 01 GENERAL REQUIREMENTS 01 35 91 RESTORATION OF HISTORIC FEATURES 11/2021 DIVISION 02 EXISTING CONDITIONS 02 42 96 HISTORIC TREATMENT PROCEDURES 11/2021 DIVISION 03 CONCRETE 03 62 18 NON-SHRINK GROUT 11/2021 DIVISION 04 MASONRY 04 10 00 ADOBE 11/2021 04 20 00 ADOBE REPAIR AND STABILIZATION 11/2021 DIVISION 05 METALS 05 50 00 METAL FABRICATIONS 11/2021 DIVISION 06 WOOD, PLASTICS, AND COMPOSITES 06 03 12 HISTORIC WOOD REPAIR 11/2021 06 10 00 ROUGH CARPENTRY 11/2021 DIVISION 07 THERMAL AND MOISTURE PROTECTION 07 31 70 WOOD SHINGLES 11/2021 07 32 13 HISTORIC ROOF TILE REPAIR & REPLICATION 11/2021 07 46 23 WOOD SIDING 11/2021 07 51 10 BUILT-UP ASPHALT ROOFING 11/2021 07 62 00 SHEET METAL FLASHING AND TRIM 11/2021 DIVISION 09 FINISHES 09 21 00 PLASTER REPAIR AND RESTORATION 11/2021 09 90 00 PAINTING 11/2021 APPENDIX PRESERVATION BRIEFS - NATIONAL PARK SERVICE BRIEF 5 PRESERVATION OF HISTORIC ADOBE BUILDINGS BRIEF 30 PRESERVATION AND REPAIR OF HISTORIC CLAY TILE ROOFS END OF TABLE OF CONTENTS EXHIBIT E PWM24-2411FAC Exhibit "E" DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 01 35 91 Page 1 SECTION 01 35 91 RESTORATION OF HISTORIC FEATURES 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. Without restricting the totality of the work, this section shall include historic features restoration and re-installation as indicated on the drawings and as specified herein. 2. Furnish and install all replications of historic features of the type indicated on the drawings, and as documented by the Contractor during salvage of historic features. All materials, accessories, and any other equipment necessary for the complete and proper installation of these features shall be furnished by the Contractor. B. Related Requirements: 1. Section 02 42 96 “Historic Treatment Procedures” 2. Section 07 32 13 “Historic Roof Tile Repair and Replication” 3. Preservation Briefs: Appendix 1.3 DEFINITIONS A. Restoration: The act or process of accurately depicting the form, features, and character of a property and salvaged historic item as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code required work to make properties (and salvaged historic items) functional is appropriate within a restoration project. B. Conservator: A person with advanced training in science, studio arts, and art history, and with experience in applying manual skills and theoretical knowledge toward the preservation of artistic and historic works. Member in good standing with the American Institute for Conservation of Historic and Artistic Works (AIC). 1.4 REFERENCES A. References indicated in the related sections noted above shall be considered as herein stated as part of this section. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 01 35 91 Page 2 1.5 GENERAL REQUIREMENTS FOR FEATURE RESTORATION A. Accept the site as it exists on the first day of work under the Contract. It shall be Contractor's responsibility to visit the site prior to bidding the work and determine for themselves the condition of the site, and exact nature and amount of work to be completed, and the conditions that effect their work. B. All salvaged items used as "Models for Replication" shall be kept in good condition by the Contractor for the duration of the project. At completion of the project all Models for Replication shall be returned in good condition to the Owner. C. All replications shall match exactly the historic original. Any changes or substitutions of materials or techniques shall be submitted for approval to the Architect in accordance to Division 01 Specification requirements prior to execution. D. If an item listed for salvage cannot be removed in a manner that renders it reconditionable for reinstallation, as judged by the Architect, the Contractor shall replicate the object new, to exactly match the original, and install that replication. Any item listed for salvage which is missing or has been damaged must be brought to the attention of the Architect within three (3) days of such a discovery by the Contractor. E. No item listed for salvage shall be disposed of without advance approval from the Architect. F. Salvaging, cataloging, restoring, and reinstalling historic features in a project of this magnitude will require careful and constant coordination of the work. The following descriptions are intended to be a general guide and not meant to be specific directions for how the restoration portion of the project is to be accomplished. The Contractor is responsible for the means, methods, and techniques based on specified codes and standards for the restoration of historic features. G. In preparing salvaged items for reinstallation in the reconstructed building, the general objective will be to clean, consolidate, and patch areas of loss and replace missing elements to provide a uniform and consistent appearance. Salvaged historic items shall be treated in a manner that will retain visual evidence of their age, i.e. their "patina", but the desired appearance after treatment for all historic items shall be that of items retaining the integrity of their original aesthetic character without subsequent overt damage by vandalism, neglect, or invasive and anachronistic refurbishing. 1.6 SPECIFIC RESTORATION FEATURES The detailed descriptions below regarding the restoration of extant historic features are intended to supplement the drawings and other specification information to help clarify the level of work expected from the Contractor. The Contractor shall contact the Architect for additional information, as needed. A. Wood Ceilings and Exterior Rafter Tails 1. Protect all materials in place. 2. No rotary tools allowed. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 01 35 91 Page 3 3. Refinish abrasions to seamlessly match existing finish. 4. Wood beams extending along the eaves of the roof must be protected in-place and repaired as necessary. Refinish damaged portions only to match existing adjacent surface. B. Wood Posts and Beams 1. Protect wood members in place. 2. Refer to Section 06 03 12 Historic Wood Repair. C. Clay Roofing Tile 1. Remove clay tile roofing exercising care not to damage units. 2. Clean tile prior to reinstallation to remove accumulated dirt, soot, and atmospheric staining and restore original color. Refer to Section 2.3 D. 3. Re-attach using the tie-wire system as specified in Section 07 32 13. 4. If quantities of existing tile are insufficient, supplement with new matching clay tile per Section 07 32 13. New replacement tile should be confined to isolated roof areas per the Architect’s direction rather than intermixed with historic tile. D. Cement Plaster 1. Patch and repair damaged subsurface areas. 2. Patch and repair damaged plaster surfaces. Refer to Section 09 21 00. 3. Clean all exterior plaster surfaces with one or more of the following: a. Plain water. High pressure washing is not permitted, but steam cleaning can be used. b. "Light Duty Restoration Cleaner": SureKlean c. "Heavy Duty Restoration Cleaner": SureKlean d. "No. 600 Detergent": SureKlean E. Gutters, Leaders, Metal Coping, and Copper Flashing 1. Existing units shall be used for the models for replication of missing or damaged units. 2. Replace all units with copper unless otherwise noted. 3. Reinstallation shall be secure and sloped to drain. 4. All gutters & coping shall be finished per the drawings. 1.7 SUBMITTALS A. The Contractor shall submit digital color photographs documenting the condition of each feature before commencement of the work and after completion. B. Work Description 1. After Tests and Samples are approved, and prior to commencing with the Work, the Contractor shall submit to the Architect a written description of all methods and materials to be used in the restoration of each feature listed in Section 1.6 above. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 01 35 91 Page 4 1.8 QUALITY ASSURANCE A. All work shall comply with “The Secretary of the Interior's Standards for Historic Preservation Projects.” B. Aggressive or destructive cleaning methods and materials (e.g. sandblasting) are not acceptable. C. Qualifications: Prequalifying criteria for the Contractor's subcontracting labor in regards to restoration and replication of the various items listed in the documents are: 1. Shall demonstrate at least five (5) years experience in the restoration, design, and manufacture of the type and quality shown for the specific specialty for which they are listed as subcontracting labor. Pre-qualification submissions must include a list of completed projects and dated catalogue pages or drawings indicating length of experience. 2. Demonstrate expertise in the use of techniques, materials, and finishes similar to the techniques, materials, and finishes of this building. 1.9 MOCK-UPS A. Cleaning Tests: 1. Cleaning tests for each type of material found in the Specific Features Restoration list shall be performed by the Contractor. 2. The cleaning tests for each material shall be conducted in an area(s) of the salvaged feature(s) exhibiting conditions representative of all such features in each section. 3. The testing methods and cleaning and conservation materials used in the tests shall be inspected and approved by the Architect. After approval by the Architect, the Contractor shall maintain the tests for the duration of the work and they shall serve as the standard by which subsequent work in this section will be judged. B. Patching Samples: 1. Pigmented patch samples in areas of loss from material in the building shall be demonstrated by the Contractor. 2. The patch samples shall be conducted in an area(s) of the feature(s) exhibiting representative conditions for all materials in the group. 3. The patch samples shall match the adjacent surfaces in color, texture, and surface finish. 4. The patch samples and materials shall be inspected and approved by the Architect. After approval by the Architect, the Contractor shall maintain the samples for the duration of the work and they shall serve as the standard by which subsequent work in this section will be judged. C. Refinishing Samples: 1. Finish samples in areas of material in the building shall be demonstrated by the Contractor. 2. The finish samples shall be conducted in an area(s) of the feature(s) exhibiting representative conditions for all materials in that group. 3. The finish samples shall match existing historic finishes in good and clean condition, when applicable, or the manufacturer's prescribed surface finish in color, texture, and surface finish. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 01 35 91 Page 5 4. The finish samples and materials shall be inspected and approved by the Architect. After approval by the Architect, the Contractor shall maintain the samples for the duration of the work and they shall serve as the standard by which subsequent work in this section will be judged. D. Replication Samples: 1. The replication samples shall be for each of the custom replicated features indicated in the construction documents. 2. The replication samples shall match similar existing historic features in good and clean condition, when applicable, and the finish in color, texture, and surface finish. 3. The replication samples shall be inspected and approved by the Architect. After approval by the Architect, the Contractor shall maintain the samples for the duration of the work and they shall serve as the standard by which subsequent work in this section will be judged. 4. If approved by Architect, replication samples may be used in final construction. 1.10 STORAGE AND HANDLING A. Store features and products in accordance with appropriate conservation practices and manufacturer's instructions, with catalog tags, seals and labels intact and legible. Store sensitive features and products in weather-tight enclosures; maintain within temperature and humidity range required by appropriate conservation practices. B. Provide and maintain labeling or other appropriate inventory identification methods for all salvaged items. Keep sub-components of salvaged items together with those primary items (such as historic door and window hardware), or label and store sub-components in such a manner that will allow easy reinstallation with the original primary item. C. Arrange storage to provide ready access for inspection. Periodically inspect to assure features and products are undamaged and are maintained under required conditions. Any discoveries of damage or deterioration of features or products shall be immediately reported to the Architect. To minimize additional damage, correction of conditions causing damage or deterioration shall be carried out within a time-frame appropriate to the nature of the problem, and a narrative report of measures taken to correct any such problems shall be submitted to the Architect within five (5) working days after the correction has been made. D. Transport features and products by means and methods chosen to prevent damage to salvaged features; deliver in undamaged condition in Contractor provided containers or packaging, or manufacturer's unopened containers or packaging, dry. E. Provide equipment and personnel to handle features and products by methods chosen to prevent soiling or damage. F. Promptly inspect features as they arrive at Contractors storage facility to assure that features have been properly cataloged, packaged and are undamaged. Any discoveries of damage to features, inadequate packing or cataloging techniques, or losses of features shall be immediately reported to the Architect. A narrative report of measures taken to correct any such problems shall be submitted to the Architect within five working days after the correction has been made. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 01 35 91 Page 6 G. Promptly inspect shipments to insure that products comply with requirements, quantities are correct and products are undamaged. PART 2 - PRODUCTS 2.1 RESTORATION MATERIALS GENERAL A. Select and use all restoration materials and equipment with care in accordance with appropriate conservation practices to avoid scratching, marring, defacing, staining, discoloring, or otherwise degrading surfaces being restored. B. Use only those restoration materials recommended by the conservation materials manufacturer and/or restoration materials appropriate to conservation practices on surfaces to be restored. C. Use restoration materials only on surfaces for which they are recommended by the restoration material manufacturer or appropriate conservation practices. D. The Contractor shall inspect and confirm that all materials used in the restoration process are in compliance with federal, state and local codes and government regulations. 2.2 MATERIAL MANUFACTURERS A. The following manufacturers have products for use in feature restoration and are knowledgeable in the restoration of materials found in this project. They are an available source for reference to alternate products, methods and standards. The Contractor is responsible for the selection of the final products to be used. All proposed products are to be submitted to the Architect for approval. 1. SureKlean, ProSoCo Inc. 3741 Greenway Circle, Lawrence, KS, 66046 (800) 255-4255 2. ABATRON Inc. 5501 95th Avenue, Kenosha, WI, 53144 (800) 445-1754 3. Professional Products of Kansas, Inc. 4456 South Clifton, Wichita, KS, 67216 (800) 676-7346. 4. Sunnyside Corporation, 225 Carpenter Ave., Wheeling, IL, 60090 (847) 541-5700. 2.3 MATERIALS A. Unless otherwise noted, materials used in restoration shall conform to Standard Conservation Practices and Archival Preservation Standards as specified herein. The selection of specific materials shall be dependent upon the condition of the features and the results of tests and sampling conducted by the Contractor at the job site. B. The conservation standard concept of reversibility shall be employed where appropriate to the desired project outcome and shall be waived in those specific instances where adherence to the standard prevents restoration of the historic appearance of the feature. In these instances the Contractor shall submit notice of deviation from the standard to the Architect for approval with a description of the alternative practice and reason for its use. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 01 35 91 Page 7 C. Paint strippers must be neutral pH based which do not require surface neutralization. D. Clean and Strip Products 1. Grout: a. “Light Duty Restoration Cleaner”: SureKlean 2. Paint: a. “Peel-Away #7”: Peel-Away b. “Multi-Strip”: Back to Nature Products Co. c. “EnviroStrip #4”: Prosoco, Inc. 3. Varnish: a. “Ready-Strip”: Back to Nature Products Co. 4. Clay Roof Tile: a. “Restoration Cleaner”: SureKlean b. “Heavy Duty Restoration Cleaner”: SureKlean E. Fill/Patch Products 1. Metal: a. Ferrobond-L: Abatron b. Ferrobond-P: Abatron c. Metalfix-L: Abatron 2. Wood: a. Wood Epox: Abatron b. Liquid Wood: Abatron c. Woodcast: Abatron 3. Gypsum Plaster: a. Gypsum-1: Abatron 4. Adhesives: a. Aboweld: Abatron b. Epotron 5: Abatron c. Aboweld 55-22: Abatron F. Consolidant and Protection Products 1. Portland Cement Plaster: a. Exterior Sealer "STMP": ProSoCo 2.4 MISCELLANEOUS MATERIALS A. Provide joint sealant products which are recommended and approved by their manufacturer for the specific use to which they are put and which comply with all requirements of the contract documents. 1. For each generic product, use only materials from one manufacturer. 2. Provide only materials which are compatible with each other and with joint substrates. 3. Colors of exposed sealers: As selected by the Architect from manufacturer's custom colors. B. Apply sealer which is compatible with specified finishes to surfaces cut during field fitting and machining. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 01 35 91 Page 8 PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that substrates are in satisfactory condition to receive restored features. 3.2 INSTALLATION A. Install restored and replicated features in correct location, plumb and true, free of warp or twist; conceal fasteners where possible; any exposed fasteners required for secure installation of historic features not in visual accord with historic fastening methods shall be submitted in advance of use for approval by the Architect; install hardware as indicated by the drawings and/or other related Specification Sections. B. Do not begin installation of restored features until potentially damaging construction operations are complete in the installation area. C. All construction document dimensions related to reinstallation of historic features such as windows, doors, railings, and other features, are for reference only. Actual dimensions shall be verified by Contractor. -- END OF SECTION 01 35 91 -- EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 02 42 96 Page 1 SECTION 02 42 96 HISTORIC TREATMENT PROCEDURES 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 general protection and treatment procedures for entire Project and the following specific work: 1. Historic removal and dismantling. B. Related Requirements: 1. Division 01 Section 01 35 91 for Restoration of Historic Features. 2. Section 04 10 00 "Adobe" for specific requirements for repairing adobe masonry. 3. Section 09 90 00 "Painting" for specific requirements for prepping and repainting of paint finishes. 1.3 DEFINITIONS A. Dismantle: To disassemble and detach items by hand from existing construction to the limits indicated, using small hand tools and small one-hand power tools, so as to protect nearby historic surfaces; and legally dispose of dismantled items off-site, unless indicated to be salvaged or reinstalled. B. Existing to Remain: Existing items that are not to be removed or dismantled. C. Historic: Spaces, areas, rooms, surfaces, materials, finishes, and overall appearance which are important to the successful preservation as determined by Architect. D. Match: To blend with adjacent construction and manifest no apparent difference in material type, species, cut, form, detail, color, grain, texture, or finish; as approved by Architect. E. Reconstruct: To remove existing item, replicate damaged or missing components, and reinstall in original position. F. Reinstall: To protect removed or dismantled item, repair and clean it as indicated for reuse, and reinstall it in original position, or where indicated. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 02 42 96 Page 2 G. Remove: Specifically for historic spaces, areas, rooms, and surfaces, the term means to detach an item from existing construction to the limits indicated, using hand tools and hand-operated power equipment, and legally dispose of it off-site, unless indicated to be salvaged or reinstalled. H. Replace: To remove, duplicate, and reinstall entire item with new material. The original item is the pattern for creating duplicates unless otherwise indicated. I. Restore: To consolidate, replicate, reproduce, repair, and refinish as required to achieve the indicated results. J. Retain: To keep existing items that are not to be removed or dismantled. K. Reversible: New construction work, treatments, or processes that can be removed or undone in the future without permanently damaging historic materials. L. Salvage: To protect removed or dismantled items and reinstall or deliver them to Owner ready for reuse. 1.4 MATERIALS OWNERSHIP A. Historic items, relics, and similar objects including, but not limited to, cornerstones and their contents, commemorative plaques and tablets, antiques, and other items of interest or value to Owner that may be encountered during removal and dismantling work remain Owner's property. Carefully dismantle and salvage each found item or object. 1.5 INFORMATIONAL SUBMITTALS A. Inventory of Salvaged Items: After removal or dismantling work is complete, submit a list of items that have been salvaged. 1.6 QUALITY ASSURANCE A. Fire-Prevention Plan: Prepare a written plan for preventing fires during the Work, including placement of fire extinguishers, rag buckets, and other fire-prevention devices during each phase or process. Coordinate plan with Owner's fire-protection equipment and personnel. Include fire watch's training, duties, and authority to enforce fire safety. B. Mockups: Prepare mockups of specific historic treatment procedures specified in this Section to demonstrate aesthetic effects and to set quality standards for materials and execution. C. Regulatory Requirements: Comply with notification regulations of authorities having jurisdiction before beginning removal and dismantling work. Comply with hauling and disposal regulations of authorities having jurisdiction. D. Standards: Comply with ANSI/ASSE A10.6. 1.7 STORAGE AND PROTECTION OF HISTORIC MATERIALS EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 02 42 96 Page 3 A. Historic Materials for Reinstallation: 1. Repair and clean historic items as indicated and to functional condition for reuse. 2. Pack or crate items after cleaning and repairing; cushion against damage during handling. Label contents of containers. 3. Protect items from damage during transport and storage. 4. Reinstall items in locations indicated. Comply with installation requirements for new materials and equipment unless otherwise indicated. Provide connections, supports, and miscellaneous materials to make item functional for use as indicated. B. Existing Historic Materials to Remain: Protect construction indicated to remain against damage and soiling from construction work. Where permitted by Architect, items may be dismantled and taken to a suitable, protected storage location during construction work and reinstalled in their original locations after historic treatment and construction work in the vicinity is complete. C. Storage and Protection: When taken from their existing locations, catalog and store historic items within a weathertight enclosure where they are protected from wetting by rain, condensation, or ground water, and from freezing temperatures. 1. Identify each item with a nonpermanent mark to document its original location. Indicate original locations on plans, elevations, sections, or photographs by annotating the identifying marks. 2. Secure stored materials to protect from vandalism and theft. 1.8 PROJECT CONDITIONS A. General Size Limitation in Historic Spaces: Materials, products, and equipment used for performing the Work and for transporting debris, materials, and products shall be of sizes that clear surfaces within historic spaces, areas, rooms, and openings, including temporary protection, by 12 inches or more. B. Owner may occupy portions of building immediately adjacent to removal and dismantling area. Conduct removal and dismantling work so Owner's operations will not be disrupted. C. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical. D. Notify Architect of discrepancies between existing conditions and drawings before proceeding with removal and dismantling work. E. Hazardous Materials: It is anticipated that hazardous materials (such as lead paint) will be encountered in the Work. Contractor should coordinate necessary abatement with the Owner’s approval. F. Sale of removed or dismantled items is not permitted unless otherwise indicated. PART 2 - PRODUCTS - (Not Used) PART 3 - EXECUTION EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 02 42 96 Page 4 3.1 HISTORIC REMOVAL AND DISMANTLING EQUIPMENT A. Removal Equipment: Use only hand-held tools unless otherwise approved by Architect on a case- by-case basis. B. Dismantling Equipment: Use manual, hand-held tools, except as follows or otherwise approved by Architect on a case-by-case basis: 1. Hand-held power tools and cutting torches are permitted only as submitted in the historic treatment program. They must be adjustable so as to penetrate or cut only the thickness of material being removed. 2. Pry bars more than 18 inches long and hammers weighing more than 2 lb are not permitted for dismantling work. 3.2 EXAMINATION A. Preparation for Removal and Dismantling: Examine construction to be removed or dismantled to determine best methods to safely and effectively perform removal and dismantling work. Examine adjacent work to determine what protective measures will be necessary. Make explorations, probes, and inquiries as necessary to determine condition of construction to be removed or dismantled and location of utilities and services to remain that may be hidden by construction that is to be removed or dismantled. 1. Verify that affected utilities have been disconnected and capped. 2. Inventory and record the condition of items to be removed and dismantled for reinstallation or salvage. 3. Before removal or dismantling of existing building elements that will be reproduced or duplicated in final Work, make permanent record of measurements, materials, and construction details required to make exact reproduction. 4. Engage a professional engineer to survey condition of building to determine whether removing any element might result in structural deficiency or unplanned collapse of any portion of structure or adjacent structures as a result of removal and dismantling work. B. Perform surveys as the Work progresses to detect hazards resulting from historic treatment procedures. 3.3 PROTECTION, GENERAL A. Ensure that supervisory personnel are on-site and on duty when historic treatment work begins and during its progress. B. Protect persons, motor vehicles, surrounding surfaces of building, building site, plants, and surrounding buildings from harm resulting from historic treatment procedures. C. Temporary Protection of Historic Materials: 1. Protect existing historic materials with temporary protections and construction. Do not damage or remove existing materials, unless directed otherwise. 2. Do not attach temporary protection to historic surfaces except as indicated as part of the historic treatment program and approved by Architect. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 02 42 96 Page 5 D. Comply with each product manufacturer's written instructions for protections and precautions. Protect against adverse effects of products and procedures on people and adjacent materials, components, and vegetation. E. Utility and Communications Services: 1. Notify Owner, Architect, authorities having jurisdiction, and entities owning or controlling wires, conduits, pipes, and other services affected by the historic treatment work before commencing operations. 2. Disconnect and cap pipes and services as required by authorities having jurisdiction, as required for the historic treatment work. 3. Maintain existing services unless otherwise indicated; keep in service and protect against damage during operations. Provide temporary services during interruptions to existing utilities. F. Existing Roofing: Prior to the start of work in an area, install roofing protection. 3.4 PROTECTION DURING APPLICATION OF CHEMICALS A. Protect motor vehicles, surrounding surfaces of building being restored, building site, plants, and surrounding buildings from harm or damage resulting from applications of chemical cleaners and paint removers. B. Cover adjacent surfaces with protective materials that are proven to resist chemicals selected for Project unless chemicals being used will not damage adjacent surfaces as indicated in historic treatment program. Use covering materials and masking agents that are waterproof, UV resistant, and will not stain or leave residue on surfaces to which they are applied. Apply protective materials according to manufacturer's written instructions. Do not apply liquid masking agents or adhesives to painted or porous surfaces. When no longer needed, promptly remove protective materials staining. C. Do not apply chemicals during winds of sufficient force to spread them to unprotected surfaces. D. Neutralize and collect alkaline and acid wastes and legally dispose of off Owner's property. E. Collect and dispose of runoff from chemical operations by legal means and in a manner that prevents soil contamination, soil erosion, undermining of paving and foundations, damage to landscaping, or water penetration into building interior. 3.5 PROTECTION FROM FIRE A. General: Follow fire-prevention plan and the following. 1. Comply with NFPA 241 requirements unless otherwise indicated. 2. Remove and keep area free of combustibles including, rubbish, paper, waste, and chemicals, except to the degree necessary for the immediate work. 3. Prohibit smoking by all persons within Project work and staging areas. B. Heat-Generating Equipment and Combustible Materials: Comply with the following procedures while performing work with heat-generating equipment or highly combustible materials, EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 02 42 96 Page 6 including welding, torch-cutting, soldering, brazing, paint removal with heat, or other operations where open flames or implements utilizing high heat or combustible solvents and chemicals are anticipated. C. Fire Extinguishers, Fire Blankets, and Rag Buckets: Maintain fire extinguishers, fire blankets, and rag buckets for disposal of rags with combustible liquids. Maintain each as suitable for the type of fire risk in each work area. Ensure that nearby personnel and the fire watch are trained in fire-extinguisher and blanket operation. 3.6 GENERAL HISTORIC TREATMENT A. Ensure that supervisory personnel are present when historic treatment work begins and during its progress. B. Halt the process of deterioration and stabilize conditions unless otherwise indicated. Perform work as indicated on drawings. Follow the procedures in subparagraphs below and procedures approved in historic treatment program: 1. Retain as much existing material as possible; repair and consolidate rather than replace. 2. Use additional material or structure to reinforce, strengthen, prop, tie, and support existing material or structure. 3. Use reversible processes wherever possible. 4. Use historically accurate repair and replacement materials and techniques unless otherwise indicated. 5. Record existing work before each procedure (preconstruction) and progress during the work with digital preconstruction documentation photographs. C. Notify Architect of visible changes in the integrity of material or components whether due to environmental causes including biological attack, UV degradation, freezing, or thawing; or due to structural defects including cracks, movement, or distortion. D. Where missing features are indicated to be repaired or replaced, provide features whose designs are based on accurate duplications rather than on conjectural designs, subject to approval of Architect. E. Where Work requires existing features to be removed or dismantled and reinstalled, perform these operations without damage to the material itself, to adjacent materials, or to the substrate. F. Identify new and replacement materials and features with permanent marks hidden in the completed work to distinguish them from original materials. Record a legend of identification marks and the locations of the items on record drawings. 3.7 HISTORIC REMOVAL AND DISMANTLING A. General: Have removal and dismantling work performed by a qualified historic contractor. Ensure that historic removal and dismantling specialist's field supervisors are present when removal and dismantling work begins and during its progress. B. Perform work according to the historic treatment program and approved mockup(s). EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 02 42 96 Page 7 1. Provide supports or reinforcement for existing construction that becomes temporarily weakened by the work, until the work is completed. 2. Perform cutting by hand or with small power tools wherever possible. Cut holes and slots neatly to size required, with minimum disturbance of adjacent work. 3. Do not operate air compressors inside building, unless approved by Architect in each case. 4. Do not drill or cut columns, beams, joints, girders, structural slabs, or other structural supporting elements, without having Contractor's professional engineer's written approval for each location before such work is begun. 5. Do not use explosives. C. Unacceptable Equipment: Keep equipment that is not permitted for historic removal or dismantling work away from the vicinity where such work is being performed. D. Removing and Dismantling Items on or near Historic Surfaces: 1. Use only dismantling tools and procedures within 12 inches of historic surface. Protect historic surface from contact with or damage by tools. 2. Unfasten items to be removed, in the opposite order from which they were installed. 3. Support each item as it becomes loosened to prevent stress and damage to the historic surface. 4. Dismantle anchorages. E. Masonry Walls: 1. Remove masonry carefully and erect temporary bracing and supports as needed to prevent collapse of materials being removed. 2. During removal, Contractor is responsible for the stability of the partially remaining wall. Notify Architect of the condition of temporary bracing for wall if work is temporarily stopped during the removal. F. Loose Plaster: Identify loose or non-historic plaster and separate it from its substrate by tapping with a hammer and prying with a chisel or screwdriver. Do not use pry bars. Leave sound, firmly adhered plaster in place. Do not damage, remove, or dismantle historic plasterwork except where indicated or where it is an immediate hazard to personnel and as approved by Architect. -- END OF SECTION 02 42 96 -- EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 03 62 18 Page 1 SECTION 03 62 18 NON-SHRINK GROUT 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 REFERENCES A. The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only. 1. AMERICAN CONCRETE INSTITUTE INTERNATIONAL (ACI) ACI 214R (2011) Evaluation of Strength Test Results of Concrete ACI 311.4R (2005) Guide for Concrete Inspection ACI MCP SET (2017) Manual of Concrete Practice 2. ASTM INTERNATIONAL (ASTM) ASTM C1107/C1107M (2014a) Standard Specification for Packaged Dry, Hydraulic- Cement Grout (Non-shrink) 1.3 SUBMITTALS A. Product Data 1. Manufacturer’s Product Data and Installation Instructions B. Test Reports 1. Compressive Strength Tests 1.4 QUALITY CONTROL A. Grout Placement Plan and Inspection Reports 1. Provide examples of grout placement and inspection reports in accordance with ACI 214R, ACI 211.5R, ACI 311.4R and ACI MCP SET. Show details of proposed methods of application, at least 30 calendar days before the start of grouting operations. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 03 62 18 Page 2 2. Include a copy of records of inspections and tests, as well as the records of corrective action taken. Include descriptions of preparation of cavities for placement of grout; and proper mixing, placement, and curing of grout. PART 2 - PRODUCTS 2.1 MATERIALS A. Water 1. Provide potable water. Free from injurious amounts of oil, soluble salts, alkali, and acids, organic impurities and other deleterious materials, which might impair bond or strength. B. Non-Shrink, Non-metallic Grout 1. Provide non-shrink, non-metallic grout that meets the requirements of ASTM-C 1107. Example products are BASF Masterflow 100, BASF Masterflow 928, SikaGrout 212 and Sikagrout 328. PART 3 - EXECUTION 3.1 PREPARATION A. Prepare cavities for grouting by cleaning away and vacuuming the grout holes of all foreign matter, laitance, dirt, grease, or oil. Clean all contact surfaces no more than 24 hours before grout application. B. Mixing 1. Mix grout ingredients for both cementitious grout and epoxy grout in accordance with the manufacturer's written mixing instructions and recommendations. 2. Mix grout materials in proper mechanical mixers. 3. Mix grout as close to the work area as possible. 3.2 APPLICATION A. Placing Grout 1. Place grout in accordance with the manufacturer's written installation instructions and recommendations. Do not use grout that has begun to set. 3.3 FIELD QUALITY CONTROL A. Provide testing and submit test reports in accordance with ASTM C1107/C1107M for the grout to meet the following performance requirements: Testing: 1 calendar day Compressive Strength: 1,500 psi Testing: 3 calendar days EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 03 62 18 Page 3 Compressive Strength: 3,500 psi Testing: 7 calendar days Compressive Strength: 4,500 psi Testing: 28 calendar days Compressive Strength: 5,500 psi 3.4 PROTECTION A. Protect freshly placed grout from premature drying and excessive cold or hot temperatures. Comply with manufacturer's requirements for cold-weather and hot-weather protection during curing. -- END OF SECTION 03 62 18 -- EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 04 10 00 Page 1 SECTION 04 10 00 ADOBE 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. Without restricting the totality of the work, this section shall include adobe restoration and as indicated on the drawings and as specified herein. B. Related Requirements: 1. Section 02 42 96 “Historic Treatment Procedures” 2. Section 04 20 00 “Adobe Repair and Stabilization” 3. Preservation Briefs: Appendix 1.3 REFERENCES A. The publication listed below from a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only. 1. CALIFORNIA BUILDING CODE (CBC) a. (CBC) Section 2109 Empirical Design of Adobe Masonry. 1.4 SUBMITTALS A. Product Data 1. Manufacturer’s Product Data and Installation Instructions B. Test Reports 1. Compressive Strength Tests 1.5 ACCEPTANCE A. Prior to ordering the adobe, the manufacturer to be approved by the Architect. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 04 10 00 Page 2 1.6 QUALITY CONTROL A. Strength 1. Refer to (CBC) Section 2109.2 Adobe Construction. B. Shipping and Storage 1. Care to be taken during shipping to minimize cracking and other damage to the adobe bricks and mortar. 2. Adobe units and mortar to be stored in dry, protected areas. C. Installer Qualification 1. The adobe subcontractor to have a minimum of 5 years of experience working on adobe projects. PART 2 - PRODUCTS 2.1 MATERIALS A. Water 1. Clean and potable. Free from injurious amounts of oil, soluble salts, alkali, and acids, organic impurities and other deleterious materials, which might impair bond or strength. B. Adobe bricks 1. All adobe bricks and mortar to be un-stabilized adobe. 2. Full-sized adobe bricks to be of compatible size with existing adobe bricks on site. Contractor to verify with architect before manufacturing bricks. 3. Bricks used for patching to be smaller as needed. The thickness of the bricks to match thickness of existing adobe bricks. C. Mortar usage 1. Adobe mortar to be mixed and allowed to stand for 24 hours prior to use unless approved by the Engineer. D. Manufacturers 1. Adobe material may be obtained from San Tan Adobe or Arizona Adobe both located in Arizona. Other manufacturers must be approved by the Architect. -- END OF SECTION 04 10 00 -- EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 04 20 00 Page 1 SECTION 04 20 00 ADOBE REPAIR AND STABILIZATION 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. Without restricting the totality of the work, this section shall include adobe restoration and as indicated on the drawings and as specified herein. B. Related Requirements: 1. Section 02 42 96 “Historic Treatment Procedures” 2. Section 04 10 00 “Adobe” 3. Preservation Briefs: Appendix 1.3 DEFINITIONS A. Adobe damage is defined as follows: 1. Basal damage: damage at the base of the wall due to capillary action of moisture from below or water splashing against the base of the wall. 2. Crack damage: Crack damage in walls that extends through several bricks and/or mortar joints caused by earthquakes, settlement or other types of movement. 3. Holes or voids: Isolated damage to the adobes – cause is uncertain. 4. Loose or missing adobe: Individual or few adobes that are no longer fully bonded to the walls. 1.4 REFERENCES A. The publication listed below from a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only. 1. CALIFORNIA BUILDING CODE (CBC) a. (CBC) Section 2109 Empirical Design of Adobe Masonry. 1.5 SUBMITTALS A. Product Data EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 04 20 00 Page 2 1. Manufacturer’s Product Data and Installation Instructions B. Samples 1. Submit samples of adobe mortar and adobe bricks for Engineer’s approval. 1.6 ACCEPTANCE A. Prior to beginning work, the Engineer to approve the manufacturer and the specific products selected. 1.7 QUALITY CONTROL A. Restoration Standards 1. Adobe restoration work shall confirm to the Guidelines of the Secretary of Interior for Historic Preservation. Techniques developed for restoration and preservation shall be employed. B. Installer Qualification 1. The subcontractor to have a minimum of 5 years of experience working on similar projects. Craftpersons must have the ability to demonstrate journeyman level skills in masonry and knowledge of the philosophical basis for historic preservation. C. Product Handling 1. Store adobes and mud mortar in a dry place off the ground, under cover which permits air circulation to prevent damage and intrusion of water or foreign matter. D. Environmental Requirements 1. Maintain materials and surrounding air temperature to minimum 50 degrees F prior to, during and 48 hours after completion of masonry work. 1.8 PROTECTION A. Protect windows, doorways, trim and other surfaces from damage and immediately remove stains, efflorescence or other unsightly excess resulting from the work in this Section. 1.9 TEST PANELS A. The Contractor shall prepare a test panel for each of the conditions of adobe repair: basal erosion void repair, crack repair, hole repair, loose and missing adobe repair, partial adobe wall reconstruction, and new adobe walls. The test panels shall be a minimum of 4 linear feet in a location designated by the Engineer. B. The approved test panels shall be considered a part of the finished work and shall serve as a standard for the remaining work performed on the project. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 04 20 00 Page 3 PART 2 - PRODUCTS 2.1 MATERIALS A. Water 1. Clean and potable. Free from injurious amounts of oil, soluble salts, alkali, and acids, organic impurities and other deleterious materials, which might impair bond or strength. B. Adobe Bricks and Mortar 1. All adobe bricks and mortar shall be un-stabilized adobe. 2. Full-sized adobe bricks to be of compatible size with existing adobe bricks on site. Contractor to verify with architect before manufacturing bricks. 3. Bricks used for patching to be smaller as needed. The thickness of the bricks to match thickness of existing adobe bricks. 4. Adobe mortar to be of the same earthen material as used for the adobe bricks. 5. Soil for adobe brick and mortar should have a relatively low clay content, approximately 10-20% by weight. Soil shall have an even gradation of sand with no organic material in the form of vegetation or decayed vegetable material. It shall be free of alkali, acids, or oils. C. Mortar usage 1. Mortar material: Unamended mud mortar to be used in all adobe repair, partial wall repair, or new wall construction. 2. Mixing: Eliminate all clumps and nodules by passing through a 1/2-inch screen when soil is dry. Adobe mortar to be mixed and allowed to stand for 24 hours prior to use unless otherwise approved by the Engineer. An estimate of whether the mix contains the proper amount of water can be determined if, when a 3-inch deep groove is made in the mix, the sides of the groove bulge but do not flow together. 3. Time limit: There is no time limit on use of mortar as long as the mortar is still workable. Additional water may be added. D. Manufacturers 1. Adobe material may be obtained from San Tan Adobe or Arizona Adobe both located in Arizona. Other manufacturers to be approved by the Architect. PART 3 - EXECUTION 3.1 PREPARATION A. Protect windows, doorways, trim and other surfaces from damage and immediately remove stains, efflorescence or other unsightly excess resulting from the work in this Section. 3.2 BASAL DAMAGE AND REPAIR A. Goal for Repair of Basal Damage EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 04 20 00 Page 4 a. Basal erosion repair to be structurally integrated with wall mass and not be cosmetic. Similar size voids located elsewhere in the adobe wall to be repaired in the same way. B. Method for Repair a. Repair basal erosion voids greater than 3 inches and less than 6 inches deep with adobe bricks, partial adobes and mud mortar. Repair voids less that 3 inches with layers of mud mortar. Repair basal erosion voids greater than 6 inches with half or full-size adobes. 1) Moisten partial or full-size adobes before use. 2) Fill shrinkage cracks that have formed between basal erosion repair and original material. 3) Remove soft powdery adobe with stiff bristle brush to sound material. 4) If soft, powdery material exists more than 2 inches, or 50 millimeters deep, mist with water, hand compress and proceed with normal repair technique. Dampen material that will come in contact with repair material with water mist or spray. 5) Pack void tightly using a well-mixed but relatively dry mud mortar. C. Shoring 1. The contractor is responsible for determining and installing shoring if required during basal wall repair. 3.3 CRACK REPAIR A. Crack Repair Method 1. The purpose of crack repair is to reintegrate the structural integrity of the structural system. All cracks and voids shall be repaired. Any variation shall be approved by the Engineer. a. Before repair remove loose material in crack by blowing or brushing. b. Dampen material that will be in contact with repair material with water mist or spray. c. Pack cracks tightly by hand using a well-mixed but relatively dry mud mortar. It may be necessary to use wet mortar to fill larger voids in the interior of the wall mass. d. Cracks to be filled in layers. Layers to be built-up a maximum of 1 inch deep. Let dry and shrink prior to the next layer/lift to be applied. e. Cracks to be moist only when filled, and to contain no free water which will cause voids in the mortar. Avoid applying additional moisture to joint but dampen edges of adjacent mortar or stone. 3.4 HOLE REPAIR A. Hole Repair Method 1. Holes in the adobe wall surface are not critical to the structural integrity of the wall system. Holes shall be repaired to prepare for future wall renderings. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 04 20 00 Page 5 a. Repair holes equal to or greater than 1 inch in diameter or holes where insects or rainwater has gained access with mud mortar. b. Remove loose material in hole by blowing or by brushing and dampen material that will come in contact with repair material with water mist or spray. c. Pack holes tightly by hand using a well-mixed but relatively dry mud mortar. 3.5 LOOSE OR MISSING ADOBES A. Loose or Missing Adobe Repair Method 1. Loose adobes and missing adobe shall be reintegrated structurally with the existing adobe wall system. a. Repair loose adobes or adobe bats by resetting with mud mortar. b. Missing portions of adobe that were removed rather than slowly eroding away shall be repaired as a hole or as a void, as appropriate. c. A missing adobe, resulting in a hole as large as the adobe, shall be repaired using adobes of the original size. -- END OF SECTION 04 20 00 -- EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 05 50 00 Page 1 SECTION 05 50 00 METAL FABRICATIONS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Loose bearing and leveling plates. B. Related Sections include the following: 1. Division 6 Section 06 10 00 "Rough Carpentry" for metal framing anchors and other rough hardware. 1.3 SUBMITTALS A. Product Data: For the following: 1. Paint products. 2. Grout. B. Shop Drawings: Detail fabrication and erection of each metal fabrication indicated. Include plans, elevations, sections, and details of metal fabrications and their connections. Show anchorage and accessory items. 1. Provide templates for anchors and bolts specified for installation under other Sections. 1.4 QUALITY ASSURANCE A. Fabricator Qualifications: A firm experienced in producing metal fabrications similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. B. Welding: Qualify procedures and personnel according to the following: 1. AWS D1.1, "Structural Welding Code--Steel." 2. AWS D1.3, "Structural Welding Code--Sheet Steel." 3. Certify that each welder has satisfactorily passed AWS qualification tests for welding processes involved and, if pertinent, has undergone recertification. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 05 50 00 Page 2 1.5 PROJECT CONDITIONS A. Field Measurements: Where metal fabrications are indicated to fit walls and other construction, verify dimensions by field measurements before fabrication and indicate measurements on Shop Drawings. Coordinate fabrication schedule with construction progress to avoid delaying the Work. 1. Established Dimensions: Where field measurements cannot be made without delaying the Work, establish dimensions and proceed with fabricating metal fabrications without field measurements. Coordinate construction to ensure that actual dimensions correspond to established dimensions. Allow for trimming and fitting. 1.6 COORDINATION A. Coordinate installation of anchorages for metal fabrications. Furnish setting drawings, templates, and directions for installing anchorages, including sleeves, concrete inserts, anchor bolts, and items with integral anchors, that are to be embedded in concrete or masonry. Deliver such items to Project site in time for installation. PART 2 - PRODUCTS 2.1 METALS, GENERAL A. Metal Surfaces, General: For metal fabrications exposed to view in the completed Work, provide materials with smooth, flat surfaces without blemishes. Do not use materials with exposed pitting, seam marks, roller marks, rolled trade names, or roughness. 2.2 FERROUS METALS A. Steel Plates, Shapes, and Bars: ASTM A 36/A 36M. B. Steel Tubing: Cold-formed steel tubing complying with ASTM A 500. C. Steel Pipe: ASTM A 53, standard weight (Schedule 40), unless another weight is indicated or required by structural loads. D. Malleable-Iron Castings: ASTM A 47, Grade 32510. E. Gray-Iron Castings: ASTM A 48, Class 30, unless another class is indicated or required by structural loads. F. Cast-in-Place Anchors in Concrete: Anchors of type indicated below, fabricated from corrosion- resistant materials capable of sustaining, without failure, the load imposed within a safety factor of 4, as determined by testing per ASTM E 488, conducted by a qualified independent testing agency. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 05 50 00 Page 3 1. Threaded or wedge type; galvanized ferrous castings, either ASTM A 47 malleable iron or ASTM A 27/A 27M cast steel. Provide bolts, washers, and shims as needed, hot-dip galvanized per ASTM A 153/A 153M. G. Welding Rods and Bare Electrodes: Select according to AWS specifications for metal alloy welded. 2.3 PAINT A. Shop Primers: Provide primers that comply with Division 9 Section "Painting." B. Galvanizing Repair Paint: High-zinc-dust-content paint for regalvanizing welds in steel, complying with SSPC-Paint 20. 2.4 FASTENERS A. General: Provide Type 304 or 316 stainless-steel fasteners for exterior use and zinc-plated fasteners with coating complying with ASTM B 633, Class Fe/Zn 5, where built into exterior walls. Select fasteners for type, grade, and class required. B. Bolts and Nuts: Regular hexagon-head bolts, ASTM A 307, Grade A; with hex nuts, ASTM A 563; and, where indicated, flat washers. C. Anchor Bolts: ASTM F 1554, Grade 36. D. Machine Screws: ASME B18.6.3. E. Lag Bolts: ASME B18.2.1. F. Wood Screws: Flat head, carbon steel, ASME B18.6.1. G. Plain Washers: Round, carbon steel, ASME B18.22.1. H. Lock Washers: Helical, spring type, carbon steel, ASME B18.21.1. I. Expansion Anchors: Anchor bolt and sleeve assembly of material indicated below with capability to sustain, without failure, a load equal to six times the load imposed when installed in unit masonry and equal to four times the load imposed when installed in concrete, as determined by testing per ASTM E 488, conducted by a qualified independent testing agency. 1. Material: Carbon-steel components zinc-plated to comply with ASTM B 633, Class Fe/Zn 5. 2. Material: Alloy Group 1 or 2 stainless-steel bolts complying with ASTM F 593 and nuts complying with ASTM F 594. J. Toggle Bolts: FS FF-B-588, tumble-wing type, class and style as needed. 2.5 GROUT EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 05 50 00 Page 4 A. Nonshrink, Metallic Grout: Factory-packaged, ferrous-aggregate grout complying with ASTM C 1107, specifically recommended by manufacturer for heavy-duty loading applications. B. Nonshrink, Nonmetallic Grout: Factory-packaged, nonstaining, noncorrosive, nongaseous grout complying with ASTM C 1107. Provide grout specifically recommended by manufacturer for interior and exterior applications. 2.6 FABRICATION, GENERAL A. Shop Assembly: Preassemble items in shop to greatest extent possible to minimize field splicing and assembly. Disassemble units only as necessary for shipping and handling limitations. Use connections that maintain structural value of joined pieces. Clearly mark units for reassembly and coordinated installation. B. Shear and punch metals cleanly and accurately. Remove burrs. C. Ease exposed edges to a radius of approximately 1/32 inch, unless otherwise indicated. Form bent-metal corners to smallest radius possible without causing grain separation or otherwise impairing work. D. Weld corners and seams continuously to comply with the following: 1. Use materials and methods that minimize distortion and develop strength and corrosion resistance of base metals. 2. Obtain fusion without undercut or overlap. 3. Remove welding flux immediately. 4. At exposed connections, finish exposed welds and surfaces smooth and blended so no roughness shows after finishing and contour of welded surface matches that of adjacent surface. E. Provide for anchorage of type indicated; coordinate with supporting structure. Fabricate and space anchoring devices to secure metal fabrications rigidly in place and to support indicated loads. F. Cut, reinforce, drill, and tap metal fabrications as indicated to receive finish hardware, screws, and similar items. G. Fabricate joints that will be exposed to weather in a manner to exclude water, or provide weep holes where water may accumulate. H. Allow for thermal movement resulting from the following maximum change (range) in ambient and surface temperatures by preventing buckling, opening up of joints, overstressing of components, failure of connections, and other detrimental effects. Base engineering calculation on surface temperatures of materials due to both solar heat gain and nighttime-sky heat loss. 1. Temperature Change (Range): 120 deg F, ambient; 180 deg F, material surfaces. I. Form exposed work true to line and level with accurate angles and surfaces and straight sharp edges. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 05 50 00 Page 5 J. Remove sharp or rough areas on exposed traffic surfaces. K. Form exposed connections with hairline joints, flush and smooth, using concealed fasteners where possible. Use exposed fasteners of type indicated or, if not indicated, Phillips flat-head (countersunk) screws or bolts. Locate joints where least conspicuous. 2.7 LOOSE BEARING AND LEVELING PLATES A. Provide loose bearing and leveling plates for steel items bearing on masonry or concrete construction. Drill plates to receive anchor bolts and for grouting. B. Galvanize plates after fabrication. 2.8 FINISHES, GENERAL A. Comply with NAAMM's "Metal Finishes Manual for Architectural and Metal Products" for recommendations for applying and designating finishes. B. Finish metal fabrications after assembly. 2.9 STEEL AND IRON FINISHES A. Galvanizing: Hot-dip galvanize items as indicated to comply with applicable standard listed below: 1. ASTM A 123, for galvanizing steel and iron products. 2. ASTM A 153/A 153M, for galvanizing steel and iron hardware. B. Preparation for Shop Priming: Prepare uncoated ferrous-metal surfaces to comply with minimum requirements indicated below for SSPC surface-preparation specifications and environmental exposure conditions of installed metal fabrications: 1. Exteriors (SSPC Zone 1B): SSPC-SP 6/NACE No. 3, "Commercial Blast Cleaning." 2. Interiors (SSPC Zone 1A): SSPC-SP 3, "Power Tool Cleaning." C. Apply shop primer to uncoated surfaces of metal fabrications, except those with galvanized finishes and those to be embedded in concrete, or masonry, unless otherwise indicated. Comply with SSPC-PA 1, "Paint Application Specification No. 1," for shop painting. 1. Stripe paint corners, crevices, bolts, welds, and sharp edges. PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Fastening to In-Place Construction: Provide anchorage devices and fasteners where necessary for securing metal fabrications to in-place construction. Include threaded fasteners for concrete and masonry inserts, toggle bolts, through-bolts, lag bolts, wood screws, and other connectors. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 05 50 00 Page 6 B. Cutting, Fitting, and Placement: Perform cutting, drilling, and fitting required for installing metal fabrications. Set metal fabrications accurately in location, alignment, and elevation; with edges and surfaces level, plumb, true, and free of rack; and measured from established lines and levels. C. Provide temporary bracing or anchors in formwork for items that are to be built into concrete, masonry, or similar construction. D. Fit exposed connections accurately together to form hairline joints. Weld connections that are not to be left as exposed joints but cannot be shop welded because of shipping size limitations. Do not weld, cut, or abrade surfaces of exterior units that have been hot-dip galvanized after fabrication and are for bolted or screwed field connections. E. Field Welding: Comply with the following requirements: 1. Use materials and methods that minimize distortion and develop strength and corrosion resistance of base metals. 2. Obtain fusion without undercut or overlap. 3. Remove welding flux immediately. 4. At exposed connections, finish exposed welds and surfaces smooth and blended so no roughness shows after finishing and contour of welded surface matches that of adjacent surface. 3.2 SETTING BEARING AND LEVELING PLATES A. Clean concrete and masonry bearing surfaces of bond-reducing materials, and roughen to improve bond to surfaces. Clean bottom surface of plates. B. Set bearing and leveling plates on wedges, shims, or leveling nuts. After bearing members have been positioned and plumbed, tighten anchor bolts. Do not remove wedges or shims but, if protruding, cut off flush with edge of bearing plate before packing with grout. 1. Use nonshrink grout, either metallic or nonmetallic, in concealed locations where not exposed to moisture; use nonshrink, nonmetallic grout in exposed locations, unless otherwise indicated. 2. Pack grout solidly between bearing surfaces and plates to ensure that no voids remain. 3.3 ADJUSTING AND CLEANING A. Touchup Painting: Immediately after erection, clean field welds, bolted connections, and abraded areas of shop paint, and paint exposed areas with the same material as used for shop painting to comply with SSPC-PA 1 for touching up shop-painted surfaces. 1. Apply by brush or spray to provide a minimum 2.0-mil dry film thickness. B. Touchup Painting: Cleaning and touchup painting of field welds, bolted connections, and abraded areas of shop paint are specified in Division 9 Section "Painting." C. Galvanized Surfaces: Clean field welds, bolted connections, and abraded areas and repair galvanizing to comply with ASTM A 780. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 05 50 00 Page 7 -- END OF SECTION 05 50 00 -- EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 06 03 12 Page 1 SECTION 06 03 12 HISTORIC WOOD REPAIR 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. B. The Secretary of the Interior’s Standards for the Treatment of Historic Properties. 1.2 SUMMARY A. Section includes treatment procedures for the repair of historic wood features. B. Related Requirements: 1. Division 01 Section 01 35 91 for Restoration of Historic Features. 2. Division 02 Section 02 42 96 for Historic Treatment Procedures. 1.3 DEFINITIONS A. Building Fabric: The physical material of a building, structure, or object in its completed form. Original fabric is the fabric remaining from the original construction, especially with Architectural or artistic value. B. Consolidate: To strengthen loose or deteriorated materials in place. C. Existing to Remain: Existing items that are not to be removed or dismantled and are to be protected in place. With permission of Owner’s representative item may be located in a storage facility at Contractor’s expense. D. Historic: Surfaces, materials, finishes, and overall appearance which are important to the successful preservation / rehabilitation as determined by Owner’s representative. Designated historic surfaces are indicated on Drawings. E. In-Kind Replication: An exact copy of an original feature. Reproductions shall match size, material, and details exactly. F. Match: To blend with adjacent construction and manifest no apparent difference in material type, species, cut, form, detail, color, grain, texture, or finish; as approved by Owner’s representative. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 06 03 12 Page 2 G. Mock-up: An example of a repair or replicated element intended to be used in the work or example for guidance. H. Patina: Any desirable surface quality acquired by a building element or work of art over time, especially when exposed to the elements. I. Reconstruct: To remove existing item, replicate damaged or missing components, and reinstall in original position. J. Refinish: To remove existing finishes to base material and apply new finish to match original, or as otherwise indicated. K. Reinstall: To protect removed or dismantled item, repair and clean it as indicated for reuse, and reinstall it in original position, or where indicated. L. Remove: Detach an item from existing construction to the limits indicated using approved tools and equipment. Salvage or dispose per Owner’s representative direction. M. Repair: To correct damage and defects, retaining existing materials, features, and finishes while employing as little new material as possible. Includes patching, piecing-in, splicing, consolidating, or otherwise reinforcing or upgrading materials. N. Replace: To remove, duplicate, and reinstall entire item with new material. The original item is the pattern for creating duplicates unless otherwise indicated. O. Replicate: To reproduce in exact detail, materials, and finish unless otherwise indicated. P. Restoration: The act or process of accurately depicting the form, features, and character of a property (or salvaged historic item) as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading to make properties (or salvaged historic items) functional is appropriate within a restoration project. Q. Restore: To consolidate, replicate, reproduce, repair, and refinish as required to achieve the indicated results. R. Retain: To keep existing items that are not to be removed or dismantled. S. Reversible: New construction work, treatments, or processes that can be removed or undone in the future without damaging historic materials unless otherwise indicated. T. Salvage: To remove or dismantle items to be restored and reinstalled in the work unless otherwise directed by the Owner’s representative. Salvage includes transit and storage of items at a location as directed by the Owner’s representative. 1.4 PREINSTALLATION MEETINGS A. Preinstallation Conference: Conduct conference at Project site. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 06 03 12 Page 3 1.5 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 finish carpentry. B. Shop Drawings: 1. Include plans, elevations, sections, and attachment details. 2. Include details of equipment assemblies. Indicate dimensions, weights, loads, required clearances, method of field assembly, components, and location and size of each field connection. C. Samples: For each exposed product and for each color and texture specified, larger than 4”x4” in size. D. Samples for Initial Selection: For each type exposed finish. E. Samples for Verification: For the following products, in manufacturer's standard sizes: 1. Heavy timber products for exposed finish 2. Milled trim. 1.6 INFORMATIONAL SUBMITTALS A. Qualification Data: For manufacturer and/or fabricator of structural components. B. Evaluation Reports: For products, assemblies, or systems, from ICC-ES. 1.7 QUALITY ASSURANCE A. Structural Engineer: Structural engineer shall be licensed in the State of California as a structural or professional engineer. B. Mockups: Build mockups to set quality standards for materials and execution. 1. Build mockup of typical wood beam/joist repairs using consolidation and fillers. 2. Approval of mockups does not constitute approval of deviations from the Contract Documents contained in mockups unless Architect specifically approves such deviations in writing. 3. Subject to compliance with requirements, approved mockups may become part of the completed Work if undisturbed at time of Substantial Completion. 1.8 PRECONSTRUCTION TESTING A. Preconstruction Testing Service: Engage a qualified testing agency to perform preconstruction testing on wood framing to remain for the following conditions: 1. Insect infestations. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 06 03 12 Page 4 2. Presence of mold. 3. Presence of dry rot or fungi. 4. Determine wood species and grade. 1.9 STORAGE, AND HANDLING A. Storage 1. When taken from their existing locations, store items within a weathertight enclosure where they are protected from theft and vandalism, wetting by rain, condensation, or ground water. 2. Arrange storage to provide access for inspection. Periodically inspect to assure features are undamaged and are maintained under required conditions. 3. All items to be stored by the Contractor until completion of the Project. 4. Store in a manner to avoid direct contact with the ground. 5. Maintain an inventory of stored items. B. Handling 1. Provide equipment and personnel to handle features by methods which prevent soiling or damage due to stock and inventory movement necessary. 2. Provide all transportation for off-site storage of materials to the site at no cost to the Owner. 1.10 FIELD CONDITIONS A. Notify Owner’s representative of discrepancies between existing conditions and Drawings before proceeding with repair of historic wood members. B. Notify Owner’s representative when repairs to wood members is in conflict with available access, condition of the wood, or intended finishing systems. 1.11 WARRANTY A. Special Warranty: Manufacturer and Installer agree to repair or replace components of wood repairs that fail(s) in materials or workmanship within specified warranty period. 1. Warranty Period: One year from date of Substantial Completion. PART 2 - PRODUCTS 2.1 RESTORATION MATERIALS GENERAL A. Select and use all restoration materials and equipment with care in accordance with appropriate conservation practices to avoid scratching, marring, defacing, staining, discoloring or otherwise degrading surfaces being restored. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 06 03 12 Page 5 B. Unless otherwise noted, materials used in restoration shall conform to Standard Conservation Practices and Archival Preservation Standards as specified herein. The selection of specific materials shall be dependent upon the condition of the features and the results of tests and sampling conducted by the Contractor at the job site. C. The conservation standard concept of reversibility shall be employed where appropriate to the desired project outcome and shall be waived in those specific instances where adherence to the standard prevents restoration of the historic appearance of the feature. In these instances the Contractor shall submit notice of deviation from the standard to the Owner’s representative for approval with a description of the alternative practice and reason for its use. D. Use restoration materials only on surfaces for which they are recommended by the restoration material manufacturer or appropriate conservation practices. E. The Contractor shall inspect and confirm that all materials used in the restoration process are in compliance with federal, state and local codes and government regulations. 2.2 MANUFACTURERS A. Products: Subject to compliance with requirements, available products that may be incorporated into the Work include, but are not limited to, the following: 1. SureKlean, ProSoCo Inc. 3741 Greenway Circle, Lawrence, KS, 66046 (800) 255-4255 2. ABATRON Inc. 5501 95th Avenue, Kenosha, WI, 53144 (800) 445-1754 3. Sika Corporation, 201 Polito Avenue, Lyndhurst, NJ 07071 Tel 1-800-933-SIKA, http://usa.sika.com 2.3 MATERIALS A. Products: Subject to compliance with requirements, available products that may be incorporated into the Work include, but are not limited to, the following: 1. Abatron: Liquid Wood, Wood consolidation 2. Abatron: WoodEpox, Wood Filler. 3. Abatron: Timbor, Borate Treatment 4. Simpson Strong Tie: metal connector assemblies. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates areas and conditions, with Applicator present, for compliance with requirements for maximum moisture content, installation tolerances and condition of wood to be treated and other conditions affecting performance of the Work. B. Examine wood members before installation. Reject conditions where the wood has advanced decay, wet, or mold damaged. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 06 03 12 Page 6 C. Examine wood finish of existing members to remain, confirm repair materials will result in a matching finish condition when properly applied. D. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 GENERAL HISTORIC TREATMENT EXECUTION A. Ensure that supervisory personnel are present when historic treatment work begins and during its progress. B. Wood repair shall be performed by personnel experienced in the use of the specified materials. C. Notify Owner’s representative of visible changes in the integrity of material or components whether due to environmental causes including biological attack, UV degradation, freezing, or thawing; or due to structural defects including cracks, movement, or distortion. 3.3 EXECUTION A. Apply materials as specified by manufacturer. B. Apply materials when the substrate is properly prepared and ambient conditions are in conformance with manufacturer’s recommendations. C. Apply materials in s systematic manner, avoid overworking materials. D. Protect adjacent materials from accidental spill, splatter, or contact. 3.4 CLEANING A. Clean all surfaces from marks, residue, and construction stains. B. Broom clean adjoining walkways and public sidewalks. C. Clean planting areas of all demolition materials and debris. -- END OF SECTION 06 03 12 -- EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 06 10 00 Page 1 SECTION 06 10 00 ROUGH CARPENTRY PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Wood framing. 2. Miscellaneous lumber for attachment and support of other work. 3. Wood blocking and nailers. 4. Wood furring and grounds. 5. Sheathing. 6. Epoxy anchors. 7. Preservation treatment. 8. Wood consolidant. B. Related Sections include the following: 1. Division 6 Section 06 03 12 “Historic Wood Repair” 1.3 SUBMITTALS A. Shop Drawings: 1. Include plans, elevations, sections, and attachment details. B. Material Certificates: For dimension lumber specified by minimum allowable unit stress, submit: 1. Statement of species and grade selected for each application C. Product Data: Manufacturer's printed product information indicating compliance with specified requirements including: 1. Include data for wood-preservative treatment from chemical treatment manufacturer and certification by treating plant that treated materials comply with requirements. Indicate type of preservative used and net amount of preservative retained. 2. Epoxy Anchors. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 06 10 00 Page 2 1.4 INFORMATIONAL SUBMITTALS A. Reports: For the following, from ICC-ES: 1. Wood-preservative-treated wood. 1.5 DELIVERY, STORAGE, AND HANDLING A. Protect wood products against moisture and dimensional changes. Support stacks at several uniformly spaced points to prevent deformation with spacers beneath and between each bundle to provide air circulation. Store stacks raised above ground. Cover to protect from rain. Select and arrange cover to allow air circulation under and all-around stacks to prevent condensation. Maintain and restore displaced coverings. Remove from the site any wood products that have been subjected to moisture or that do not comply with the specified moisture and requirements. PART 2 - PRODUCTS 2.1 DIMENSION LUMBER A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work. B. Manufacturers: Subject to compliance with requirements. 2.2 WOOD PRODUCTS, GENERAL A. Size: Provide nominal sizes indicated, complying with NBS PS 20 except where actual sizes are specifically required. B. Refer to the Structural General Notes for species and grade. 2.3 WOOD-PRESERVATIVE-TREATMENT A. Borate: EPA-Registered borate termiticide acceptable to authorities having jurisdiction, in an aqueous solution for spray application and a gel solution for pressure injection, formulated to prevent termite infestation in wood. B. Preservative Treatment by Pressure Process: AWPA U1, to be treated according to AWPA C31 with inorganic boron (SBX). 1. Preservative Chemicals: Acceptable to authorities having jurisdiction. 2. For exposed items indicated to receive a stained or natural finish, use chemical formulations that do not require incising, contain colorants, bleed through, or otherwise adversely affect finishes. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 06 10 00 Page 3 C. Kiln-dry material after treatment to a maximum moisture content of 19 percent for lumber and 15 percent for plywood. Do not use material that is warped or does not comply with requirements for untreated material. D. Mark each treated item with the treatment quality mark of an inspection agency approved by the American Lumber Standards Committee Board of Review. 1. For exposed lumber indicated to receive a stained or natural finish, mark end or back of each piece, or omit marking and provide certificates of treatment compliance issued by inspection agency. E. Application: Treat all rough carpentry items unless otherwise indicated. 2.4 EPOXY ANCHOR MATERIALS A. Epoxy anchors: Anchors shall be Simpson Set XP ER-265. Install and test in accordance with IAPMO Report 265. Alternate anchors may be approved by the Architect and the Structural Engineer and installed in accordance with the appropriate ICC-ES Reports. 2.5 FASTENERS A. General: Provide fasteners of size and type indicated that comply with requirements specified in this Article for material and manufacture. B. Provide fasteners with hot-dip zinc coating complying with ASTM A 153. C. Nails, Brads, and Staples: ASTM F 1667. D. Power-Driven Fasteners: CABO NER-272. E. Wood Screws: ASME B18.6.1. F. Screws for Fastening to Cold-Formed Metal Framing: ASTM C 954, except with wafer heads and reamer wings, length as recommended by screw manufacturer for material being fastened. G. Lag Bolts: ASME B18.2.1. (ASME B18.2.3.8M). H. Bolts: Steel bolts complying with ASTM A 307, Grade A (ASTM F 568M, Property Class 4.6; with ASTM A 563 (ASTM A 563M) hex nuts and, where indicated, flat washers. 2.6 WOOD CONSOLIDANT MATERIALS A. Wood Preservative: Liquid Wood: Clear liquid wood consolidant; Manufactured by Abatron, Inc. B. Wood Filler: Wood Epox, Adhesive putty; Manufactured by Abatron, Inc. C. Manufacturer: Abatron, Inc. 5501 - 95th Avenue Kenosha, WI 53144 EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 06 10 00 Page 4 Telephone: (800) 445-1754 2.7 MISCELLANEOUS MATERIALS A. Building Paper: Asphalt-saturated organic felt complying with ASTM D 226, Type I (No. 15 asphalt felt), unperforated. PART 3 – EXECUTION 3.1 INSTALLATION, GENERAL A. Arrange work to use full length pieces except where length would exceed commercially available length. Discard pieces with defects that would lower the required strength or appearance of the work. B. Cut and fit members accurately. C. Fasten carpentry in accordance with applicable codes and recognized standards. D. Where exposed, countersink nails, screws and bolts and fill flush with suitable wood filler or plug. E. Use fasteners of appropriate type and length. Predrill members when necessary, to avoid splitting wood. F. All new lumber used in the project to be date stamp with month and year of installation. All stamp marks not to be exposed to public view. All wood pieces to be stamped no matter how small. 3.2 MISCELLANEOUS CARPENTRY A. Provide miscellaneous blocking, nailers, grounds, and framing as shown and as required for support of facing materials, fixtures, specialty items, and trim. Cut and shape to the required size. Provide in locations required by other work. B. Use countersunk fasteners appropriate to applied loading. All new fasteners to be countersunk and filled with wood plug (matching grain direction). No new fasteners to be exposed to view. Structural Drawings indicate location and size of structural fasteners only and do not imply the architectural finish. All details regarding the seismic retrofit are to be hidden from view. C. Install permanent grounds for concrete and masonry where required. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 06 10 00 Page 5 3.3 WOOD FRAMING, GENERAL A. Comply with sizes, spacing, and configurations indicated. Where not specifically indicated, comply with applicable codes and NFPA "Manual for Wood Frame Construction." Splice members only where specifically indicated or approved. B. Space fasteners as indicated. Where not specifically indicated, comply with applicable codes and the "Recommended Nailing Schedule" of NFPA "Manual for Wood Frame Construction" and "National Design Specification for Wood Construction." 3.4 APPLYING WOOD TREATMENT A. Application: Mix borate wood treatment solution to a uniform consistency. Apply treatment at the product's EPA-Registered Label volume and rate for the maximum borate concentration allowed for each specific use so that wood framing, sheathing, siding, and structural members subject to infestation receive treatment. 1. Framing and Sheathing: Apply termiticide solution by spray to bare wood and with complete coverage. 2. Heavy Wood Members: For wood greater than 4 inches (100 mm) thick, inject termiticide gel solution under pressure into holes of size and spacing required by manufacturer for treatment. 3. Exterior Uncoated Wood Trim and Siding: Apply termiticide solution to bare wood only when forecasted weather conditions indicate no precipitation or fog before application of seal coat. After 48 hours, verify that surface is sufficiently dry for seal coat and apply seal coat of paint. 3.5 INSTALLATION OF CONSTRUCTION PANELS A. Employ the following fastening method: 1. Nail roof sheathing to framing. Staples not permitted. -- END OF SECTION 06 10 00 -- EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 31 70 Page 1 SECTION 07 31 70 WOOD SHINGLES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Wood shingle roofing. 2. Felt underlayment. B. Related Sections include the following: 1. List below only products and construction that the reader might expect to find in this Section but are specified elsewhere. 2. Division 6 Section "Rough Carpentry" for wood roof sheathing. 3. Delete both subparagraphs below if these products are specified in this Section. 4. Division 7 Section "Sheet Metal Flashing and Trim" for metal roof-penetration flashings and flashings not part of this Section. 1.3 DEFINITIONS A. Roofing Terminology: Refer to ASTM D 1079 and glossary of NRCA's "The NRCA Roofing and Waterproofing Manual" for definitions of terms related to roofing work in this Section. 1.4 SUBMITTALS A. Product Data: For each type of product indicated. B. Samples for Initial Selection: For each type of wood shingle indicated. 1. Include similar Samples of trim and accessories involving color selection. C. Warranties: Special warranties specified in this Section. 1.5 QUALITY ASSURANCE A. Installer Qualifications: A qualified installer who is an approved affiliate member of CSSB. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 31 70 Page 2 B. Grading Agency Qualifications: An independent testing and inspecting agency recognized by authorities having jurisdiction as qualified to label wood shingles for compliance with referenced grading rules. C. Source Limitations: Obtain wood shingles through one source from a single manufacturer. D. Fire-Test-Response Characteristics: Provide wood shingles and related roofing materials with the fire-test-response characteristics indicated, as determined by testing identical products per test method indicated below by UL or another testing and inspecting agency acceptable to authorities having jurisdiction. Identify materials with appropriate markings of applicable testing and inspecting agency. 1. Retain one of two options in subparagraph below based on fire classification of roof assembly with wood shingles or shakes as roof covering. Revise to include other standards of authorities having jurisdiction if applicable. 2. Exterior Fire-Test Exposure: Class B; UL 790 or ASTM E 108 with ASTM D 2898, for application and roof slopes indicated. 1.6 DELIVERY, STORAGE, AND HANDLING A. Store underlayment rolls on end on pallets or other raised surfaces. Do not double-stack rolls. 1. Handle, store, and place roofing materials in a manner to avoid significant or permanent damage to roof deck or structural supporting members. B. Protect unused underlayment from weather, sunlight, and moisture when left overnight or when roofing work is not in progress. 1.7 PROJECT CONDITIONS A. Weather Limitations: Proceed with installation only when existing and forecasted weather conditions permit roofing to be performed according to manufacturer's written instructions and warranty requirements. 1.8 WARRANTY A. Special Warranty: CSSB's standard form in which CSSB agrees to repair or replace wood shingles that fail in materials within specified warranty period. Material failures include manufacturing defects that result in leaks. 1. CSSB offers a 20-year warranty period for No. 1 grade Certigrade shingles, No. 1 grade 1/2-inch- (13-mm-) thick Certi-Split shakes, No. 1 grade 5/8-inch- (16-mm-) thick Certi- Sawn shakes, and No. 1 grade Certi-Ridge hip and ridge units. A 25-year warranty period is available for 3/4-inch- (19-mm-) thick, No. 1 grade Certi-Split and Certi-Sawn shakes. 2. Material Warranty Period: 20 years for shingles from date of Substantial Completion. B. Special Project Warranty: Roofing Installer’s warranty, signed by reroofing installer, covering work of this Section, in which roofing installer agrees to repair or replace components of wood shingle roofing that fail in materials or workmanship within the following warranty period: EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 31 70 Page 3 1. CSSB offers a 20-year warranty period for No. 1 grade Certigrade shingles, No. 1 grade 1/2-inch- (13-mm-) thick Certi-Split shakes, No. 1 grade 5/8-inch- (16-mm-) thick Certi- Sawn shakes, and No. 1 grade Certi-Ridge hip and ridge units. A 25-year warranty period is available for 3/4-inch- (19-mm-) thick, No. 1 grade Certi-Split and Certi-Sawn shakes. 2. Warranty Period: 10 years from date of Substantial Completion. 1.9 EXTRA MATERIALS A. Furnish extra materials described below that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 1. Wood Shingles: 100 sq. ft of each type, in unbroken bundles. PART 2 - PRODUCTS 2.1 ROOF SHINGLES A. Cedar Roof Shingles: Smooth-sawn western red cedar shingles. 1. Standards: UBC Standard 15-4. 2. Grade: No. 1 and starter courses of No. 1. 3. Size: 18 inches long; 0.50 inch thick at butt. 2.2 WOOD TREATMENTS A. Fire-Retardant Treatment: Exterior type, pressure-treated units. B. Identification: Attach a label to each bundle of shingles or shakes; identify manufacturer, references to model-code approval, type of product, grade, dimensions, and approved grading agency. 1. Include chemical treatment, method of application, purpose of treatment, and warranties available. 2.3 UNDERLAYMENT MATERIALS A. Roof Felt Underlayment: ASTM D 226 or ASTM D 4869, Type I, asphalt-saturated organic felt. 2.4 ACCESSORIES A. Asphalt Roofing Cement: ASTM D 4586, Type II, asbestos free. B. Drainage Mat: Manufacturer's standard compression-resisting, three-dimensional, nonwoven, entangled filament, nylon mat designed to permit air movement and drain incidental moisture by gravity. 1. Available Products: EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 31 70 Page 4 a. Obdyke, Benjamin Incorporated; Cedar Breather. C. Roofing Nails: ASTM F 1667; stainless-steel or hot-dip galvanized steel wire nails, sharp- pointed, and of sufficient length to penetrate a minimum of 3/4 inch into sheathing. 1. Use box-type nails for wood shingles. 2. Where nails are in contact with metal flashing, use nails made from same metal as flashing. D. Felt Underlayment Nails: Aluminum, stainless-steel, or hot-dip galvanized steel wire nails with low-profile capped heads or disc caps, 1-inch minimum diameter. 2.5 METAL FLASHING AND TRIM A. Sheet Metal Flashing and Trim: Comply with requirements in Division 7 Section "Sheet Metal Flashing and Trim." 1. Sheet Metal: Copper. B. Fabricate sheet metal flashing and trim to comply with recommendations in SMACNA's "Architectural Sheet Metal Manual" that apply to design, dimensions, metal, and other characteristics of item. 1. Apron Flashings: Fabricate with lower flange a minimum of 6 inches over and 4 inches beyond each side of downslope wood roofing and 6 inches up the vertical surface. 2. Step Flashings: Fabricate with a headlap of 3 inches and a minimum extension of 5 inches over the underlying wood roofing and up the vertical surface. 3. Drip Edges: Fabricate in lengths not exceeding 10 feet with 2-inch roof-deck flange and 1-1/2-inch fascia flange with 3/8-inch drip at lower edge. C. Vent-Pipe Flashings: ASTM B 749, Type L51121, at least 1/16 inch thick. Provide lead sleeve sized to slip over and turn down into pipe, soldered to skirt at slope of roof and extending at least 4 inches from pipe onto roof. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates, areas, and conditions, with Installer present, for compliance with requirements for installation tolerances and other conditions affecting performance of work. 1. Examine roof sheathing to verify that sheathing joints are supported by framing and blocking or metal clips and that installation is within flatness tolerances. 2. Verify that substrate is sound, dry, smooth, clean, sloped for drainage, and completely anchored; and that provision has been made for flashings and penetrations through roofing. 3. For the record, prepare written report, endorsed by Installer, listing conditions detrimental to performance of work. B. Proceed with installation only after unsatisfactory conditions have been corrected. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 31 70 Page 5 3.2 ROOF UNDERLAYMENT INSTALLATION A. Single-Layer Roof Felt Underlayment: Install single layer of roof felt underlayment on roof deck perpendicular to roof slope in parallel courses. Lap sides a minimum of 2 inches over underlying course. Lap ends a minimum of 4 inches. Stagger end laps between succeeding courses at least 72 inches. Fasten with felt underlayment nails. B. Double-Layer Roof Felt Underlayment: Install double layers of roof felt underlayment on roof deck perpendicular to roof slope in parallel courses. Install a 19-inch- wide starter course at eaves and completely cover with full-width second course. Install succeeding courses lapping previous courses 19 inches in shingle fashion. Lap ends a minimum of 6 inches. Stagger end laps between succeeding courses at least 72 inches. Fasten with felt underlayment nails. 1. Apply a continuous layer of asphalt roofing cement over starter course and on roof felt underlayment surface to be concealed by succeeding courses as each roof felt course is installed. Apply over entire roof. 2. Install roof felt underlayment on roof sheathing not covered by self-adhering sheet underlayment. Lap edges over self-adhering sheet underlayment not less than 3 inches in direction to shed water. 3. Terminate roof felt underlayment extended up not less than 4 inches against sidewalls, curbs, chimneys, and other roof projections. C. Install drainage mat perpendicular to roof slope in parallel courses, butting edges and ends to form a continuous layer, and fasten to roof deck. 3.3 METAL FLASHING INSTALLATION A. General: Install metal flashings and other sheet metal to comply with requirements in Division 7 Section "Sheet Metal Flashing and Trim." 1. Install metal flashings according to wood roofing recommendations in NRCA's "The NRCA Roofing and Waterproofing Manual." B. Apron Flashings: Extend lower flange over and beyond each side of downslope wood roofing and up the vertical surface. C. Step Flashings: Install with a headlap of 3 inches and extend over the underlying wood roofing and up the vertical surface. Install with lower edge of flashing just upslope of, and concealed by, butt of overlying shingle or shake. Fasten to roof deck only. D. Open-Valley Flashings: Install centrally in valleys, lapping ends at least 8 inches in direction to shed water. Fasten upper end of each length to roof deck beneath overlap. 1. Secure hemmed flange edges into metal cleats spaced 12 inches apart and fastened to roof deck. 2. Adhere 9-inch- wide strip of self-adhering sheet to metal flanges and to self-adhering sheet underlayment. E. Rake Drip Edges: Install rake drip edge flashings over underlayment and fasten to roof deck. F. Eave Drip Edges: Install eave drip edge flashings below underlayment and fasten to roof deck. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 31 70 Page 6 G. Pipe Flashings: Form flashing around pipe penetrations and wood roofing. Fasten and seal to wood roofing. 3.4 ROOF SHINGLE INSTALLATION A. Install wood shingle roofing according to manufacturer's written instructions, recommendations in CSSB's "Design and Application Manual for New Roof Construction," and recommendations in NRCA's "The NRCA Roofing and Waterproofing Manual." B. Install double-layer wood shingle starter course along lowest roof edge. Extend starter course 1 inch over fascia and 1 inch over rake edge. 1. Offset joints of double-layer starter course a minimum of 1-1/2 inches. C. Install first course of wood shingles directly over starter course and in continuous straight-line courses across roof deck. Install second and succeeding courses of wood shingles in continuous straight-line courses across roof deck. Extend 1 inch over rake edge. 1. Offset joints between shingles in succeeding courses a minimum of 1-1/2 inches. 2. Space shingles a minimum of 1/4 inch and a maximum of 3/8 inch apart. Limit alignment of vertical joints in every third course to not exceed 10 percent of joints. 3. Fasten each shingle with 2 nails spaced 3/4 to 1 inch from edge of shingle and 1-1/2 to 2 inches above butt line of subsequent course. Drive fasteners flush with top surface of shingles without crushing wood. 4. Maintain weather exposure of 6-1/2 inches. D. Open Valleys: Cut and fit wood shingles at open valleys, trimming upper concealed corners of shingles. Maintain uniform width of exposed open valley from highest to lowest point. -- END OF SECTION 07 31 70 -- EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 32 13 Page 1 SECTION 07 32 13 HISTORIC ROOF TILE REPAIR & REPLICATION 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. Clay roof tiles. 2. Underlayment. B. Related Sections: 1. Division 7 Section “Flashing and Sheet Metal” 1.3 DEFINITIONS A. Roofing Terminology: See ASTM D 1079, glossaries in TRI/WSRCA's "Concrete and Clay Roof Tile Design Criteria Installation Manual for Moderate Climate Regions," and NRCA's "The NRCA Roofing and Waterproofing Manual" for definitions of terms related to roofing work in this Section. 1.4 SUBMITTALS A. Product Data: For each type of product indicated. B. Samples for Initial Selection: For each type of clay roof tile and accessory tile indicated. Submit an original tile to allow for comparison. 1.5 QUALITY ASSURANCE A. Source Limitations: Obtain clay roof tiles and accessory tiles from single source from single manufacturer. B. Fire-Test-Response Characteristics: Provide clay roof tiles and related roofing materials with the fire-test-response characteristics indicated, as determined by testing identical products per test method indicated below by UL or another testing and inspecting agency acceptable to EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 32 13 Page 2 authorities having jurisdiction. Identify materials with appropriate markings of applicable testing and inspecting agency. C. Mockups: Build mockups to verify selections made under sample submittals and to demonstrate aesthetic effects and set quality standards for materials and execution. 1. Build mockups for clay roof tiles including related roofing materials and tiles being matched. 2. Approval of mockups does not constitute approval of deviations from the Contract Documents contained in mockups unless Architect specifically approves such deviations in writing. 3. Approved mockups may become part of the completed Work if undisturbed at time of Substantial Completion. 1.6 QUALIFICATIONS A. The Contractor shall provide qualified workers, trained and experienced in installing historic clay tile roofing systems of this configuration, and shall submit documentation of five (5) consecutive years of work of this type. The Contractor shall be familiar with and shall perform work in accordance with SMACNA Arch. Manual. A list of five (5) similar installations shall be provided which identifies when, where, and for whom the installations were made. 1.7 DELIVERY, STORAGE, AND HANDLING A. Store underlayment rolls on end, on pallets or other raised surfaces. Do not double stack rolls. 1. Handle, store, and place roofing materials in a manner to avoid significant or permanent damage to roof deck or structural supporting members. B. Protect unused underlayment from weather, sunlight, and moisture when left overnight or when roofing work is not in progress. 1.8 PROJECT CONDITIONS A. Weather Limitations: Proceed with installation only when existing and forecasted weather conditions permit roofing to be performed according to manufacturer's written instructions and warranty requirements. 1. Install self-adhering sheet underlayment within the range of ambient and substrate temperatures recommended by manufacturer. PART 2 - PRODUCTS 2.1 EXISTING CLAY TILE A. Intact and serviceable existing clay tiles shall be carefully salvaged and reused whenever possible. New clay tiles being incorporated into existing clay tile roofs shall match existing in shape, size, color, and texture. Clay tiles from the same manufacturer as the original shall be EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 32 13 Page 3 used if possible, but custom tiles may be needed. Holes may need to be drilled to accommodate wire ties. 2.2 CLAY ROOF TILES A. Clay Roof Tiles: ASTM C 1167, molded- or extruded-clay roof tile units of shape and configuration indicated, kiln fired to vitrification, and free of surface imperfections. Provide with fastening holes prepunched at factory before firing. 1. Durability: Grade 1. 2. Profile Shape: To match existing historic tiles. 3. Size: To match existing historic tiles. 4. Finish and Texture: To match existing historic tiles. 5. Colors: To match existing historic tiles. 2.3 ACCESSORIES A. Asphalt Roofing Cement: ASTM D 4586, Type II, asbestos free. B. Mortar: ASTM C 270, Type M, natural color with ASTM C 979, pigmented mortar matching the color of the existing for exposed-to-view mortar. C. Wood Nailers: Comply with requirements for pressure-preservative-treated wood. 2.4 FASTENERS A. Wire Tie System: System of interconnecting 10 gauge copper wire conforming to ASTM B3. 1. Manufacturer: Wire tie system shall be "Twisted Wire Tyle System", by Storm-Lock Tile Fasteners. Install in accordance with ICBO Report No. 3362. 2.5 UNDERLAYMENT MATERIALS A. Self-Adhering Sheet Underlayment, Polyethylene Faced: ASTM D 1970, a minimum of 40- mil- thick, slip-resisting, polyethylene-film-reinforced top surface laminated to SBS-modified asphalt adhesive, with release paper backing; cold applied. 1. Manufacturers: Subject to compliance with requirements, available manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: a. Carlisle Coatings & Waterproofing, Inc. b. Grace, W. R. & Co. - Conn. c. Johns Manville. d. Or Approved Equal. 2.6 METAL FLASHING AND TRIM EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 32 13 Page 4 A. General: Comply with requirements in Division 7 Section "Sheet Metal Flashing and Trim." B. Fabricate sheet metal flashing and trim to comply with recommendations that apply to design, dimensions, metal, and other characteristics of the item in SMACNA's "Architectural Sheet Metal Manual." Vent-Pipe Flashings: ASTM B 749, Type L51121, at least 1/16 inch thick. Provide lead sleeve sized to slip over and turn down into pipe, soldered to skirt at slope of roof and extending at least 4 inches from pipe onto roof. PART 3 - EXECUTION 3.1 PROTECTION OF ROOF SURFACES A. Equipment and techniques shall be used which prevent damage to roof as a result of foot or material traffic. Contractor shall be responsible for controlling breakage of new or existing tile. The progression of work shall be laid out to prevent other trades from working on or above completed roofing. Personnel who are working on the roof shall have proper shoes which will not damage tiles and shoe soles shall be made of a material which will aid in preventing falls. 3.2 EXAMINATION A. Examine substrates, areas, and conditions, with Installer present, for compliance with requirements for installation tolerances and other conditions affecting performance of the Work. 1. Examine roof sheathing to verify that sheathing joints are supported by framing and blocking or metal clips and that installation is within flatness tolerances. 2. Verify that substrate is sound, dry, smooth, clean, sloped for drainage, and completely anchored and that provision has been made for flashings and penetrations through roofing. B. Prepare written report, endorsed by Installer, listing conditions detrimental to performance of the Work. C. Proceed with installation only after unsatisfactory conditions have been corrected. 3.3 UNDERLAYMENT INSTALLATION A. General: Comply with clay roof tile manufacturer's written instructions and recommendations in NRCA's "The NRCA Roofing and Waterproofing Manual." 1. Cover ridge and hip wood nailers with underlayment strips. B. Self-Adhering Sheet Underlayment: Install wrinkle free; comply with low-temperature installation restrictions of underlayment manufacturer if applicable. Install at locations indicated below, lapped in direction to shed water. Lap sides not less than 3-1/2 inches. Lap ends not less than 6 inches, staggered 24 inches between succeeding courses. Roll laps with roller. Cover underlayment within seven days. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 32 13 Page 5 1. Extend self-adhering sheet underlayment over entire roof deck. 3.4 CLAY ROOF TILE INSTALLATION A. General: Install clay roof tiles according to manufacturer's written instructions, to recommendations in TRI/WSRCA's "Concrete and Clay Roof Tile Design Criteria Installation Manual for Moderate Climate Regions," and to NRCA's "The NRCA Roofing and Waterproofing Manual." 1. Maintain uniform exposure and coursing of clay roof tiles to match the historic appearance throughout roof. 2. Mortar Setting: Install clay roof tile according to TRI/FRSA's "Concrete and Clay Roof Tile Installation Manual." 3. Cut and fit clay roof tiles neatly around roof vents, pipes, ventilators, and other projections through roof. Fill voids with mortar. 4. Install clay roof tiles with color blend approved by Architect. 5. Install new, matching roof tiles in isolated areas as directed by the Architect. 3.5 ADJUSTING AND CLEANING A. Remove and replace damaged or broken clay roof tiles. B. Remove excess clay roof tiles and debris from Project site. -- END OF SECTION 07 32 13 -- EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 46 23 Page 1 SECTION 07 46 23 WOOD SIDING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Exterior wood board and batt siding. B. Related Sections include the following: 1. Division 6 Section "Rough Carpentry" for furring, blocking, and other carpentry work not exposed to view and for structural wood decking and framing exposed to view. 2. Division 9 Section "Painting" for priming and backpriming of wood siding. 1.3 DEFINITIONS A. Inspection agencies, and the abbreviations used to reference them, include the following: 1. RIS - Redwood Inspection Service. 2. SCMA - Southern Cypress Manufacturers Association. 3. SPIB - Southern Pine Inspection Bureau. 4. WWPA - Western Wood Products Association. 1.4 SUBMITTALS A. Product Data: For each type of process and factory-fabricated product. Include construction details, material descriptions, dimensions of individual components and profiles, textures, and colors. B. Samples for Initial Selection: Actual materials in small sections for siding for each type of material indicated. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 46 23 Page 2 1.5 DELIVERY, STORAGE, AND HANDLING A. Protect materials against weather and contact with damp or wet surfaces. Stack lumber, plywood, and other panels. Provide for air circulation within and around stacks and under temporary coverings. 1.6 PROJECT CONDITIONS A. Weather Limitations: Proceed with installation only when existing and forecasted weather conditions permit work to be performed according to manufacturer's written instructions and warranty requirements and at least one coat of specified finish to be applied without exposure to rain, snow, or dampness. PART 2 -PRODUCTS 2.1 MATERIALS, GENERAL A. Lumber: DOC PS 20 and applicable grading rules of inspection agencies certified by the American Lumber Standards' Committee Board of Review. 1. Factory mark each piece of lumber with grade stamp of inspection agency indicating grade, species, moisture content at time of surfacing, and mill. 2. For exposed lumber, mark grade stamp on end or back of each piece, or omit grade stamp and provide certificates of grade compliance issued by inspection agency. 2.2 SIDING A. Lumber Siding: Kiln-dried lumber siding complying with DOC PS 20, factory coated with exterior alkyd primer. 1. Clear All Heart redwood; RIS. 2. Board Siding: Actual overall dimensions of 1 inch by 12 inches, measured on the face and thick edge at 19 percent moisture content. 3. Batt Siding: Eased edges, actual face width (coverage) 2 1/2 inches and thickness of 3/8 inch, measured at 19 percent moisture content. B. Siding Textures and Patterns: Where manufacturer's standard products are indicated, provide siding with the following requirements: 1. Match existing batt siding in kind including hewn edges. 2.3 MISCELLANEOUS MATERIALS A. Fasteners for Exterior Finish Carpentry: Provide nails or screws of the following materials, in sufficient length to penetrate minimum of 1-1/2 inches into substrate, unless otherwise recommended by manufacturer: 1. Hot-dip galvanized steel. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 46 23 Page 3 B. Glue: Aliphatic- or phenolic-resin wood glue recommended by manufacturer for general carpentry use. C. Flashing: Comply with requirements in Division 7 Section "Sheet Metal Flashing and Trim" for flashing materials installed in finish carpentry. D. Sealants: Comply with requirements for materials required for sealing siding work. 2.4 FABRICATION A. Wood Moisture Content: Comply with requirements of specified inspection agencies and with manufacturer's written recommendations for moisture content of finish carpentry at relative humidity conditions existing during time of fabrication and in installation areas. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates, with Installer present, for compliance with requirements for installation tolerances and other conditions affecting performance. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Clean substrates of projections and substances detrimental to application. B. Before installing wood siding, condition materials to average prevailing humidity in installation areas for a minimum of 24 hours. C. Prime lumber for exterior applications to be painted, including both faces and edges. Cut to required lengths and prime ends. Comply with requirements in Division 9 Section "Painting." 3.3 INSTALLATION, GENERAL A. Do not use materials that are unsound, warped, improperly treated or finished, inadequately seasoned, or too small to fabricate with proper jointing arrangements. 1. Do not use manufactured units with defective surfaces, sizes, or patterns. B. Install finish carpentry level, plumb, true, and aligned with adjacent materials. 1. Scribe and cut finish carpentry to fit adjoining work. Refinish and seal cuts as recommended by manufacturer. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 46 23 Page 4 3.4 SIDING INSTALLATION A. Flashing: Install metal flashing as indicated on Drawings. B. Finish: Apply finish within two weeks of installation. 3.5 ADJUSTING A. Replace finish carpentry that is damaged or does not comply with requirements. Finish carpentry may be repaired or refinished if work complies with requirements and shows no evidence of repair or refinishing. Adjust joinery for uniform appearance. 3.6 CLEANING A. Clean finish carpentry on exposed and semiexposed surfaces. Touch up factory-applied finishes to restore damaged or soiled areas. -- END OF SECTION 07 46 23 -- EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 51 10 Page 1 SECTION 07 51 10 BUILT-UP ASPHALT ROOFING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Built-up asphalt roofing system. B. Related Sections include the following: 1. Division 6 Section "Rough Carpentry" for wood nailers, cants, curbs, and blocking. 2. Division 7 Section "Sheet Metal Flashing and Trim" for metal roof penetration flashing and counterflashing. 1.3 DEFINITIONS A. Roofing Terminology: Refer to ASTM D 1079 and glossary of NRCA's "The NRCA Roofing and Waterproofing Manual" for definition of terms related to roofing work in this Section. B. Hot Roofing Asphalt: Roofing asphalt heated to its equiviscous temperature, the temperature at which its viscosity is 125 centipoise for mopping application and 75 centipoise for mechanical application, within a range of plus or minus 25 deg F, measured at the mop cart or mechanical spreader immediately before application. 1.4 PERFORMANCE REQUIREMENTS A. General: Provide installed roofing membrane and base flashings that remain watertight; do not permit the passage of water; and resist specified uplift pressures, thermally induced movement, and exposure to weather without failure. 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. Roofing System Design: Provide a roofing system that is identical to systems that have been successfully tested by a qualified testing and inspecting agency to resist uplift pressure calculated according to ASCE 7. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 51 10 Page 2 D. FMG Listing: Provide roofing membrane, base flashings, and component materials that comply with requirements in FMG 4450 and FMG 4470 as part of a roofing system and that are listed in FMG's "Approval Guide" for Class 1 or noncombustible construction, as applicable. Identify materials with FMG markings. 1.5 SUBMITTALS A. Product Data: For each type of product indicated. B. Shop Drawings: For roofing system. Include plans, elevations, sections, details, and attachments to other Work. 1. Base flashings, cants, and membrane terminations. C. Samples for Verification: For the following products: 1. 12-by-12-inch square of mineral-granule-surfaced cap sheet of color selected from manufacturer’s standard. D. Installer Certificates: Signed by roofing system manufacturer certifying that Installer is approved, authorized, or licensed by manufacturer to install roofing system. E. Manufacturer Certificates: Signed by roofing manufacturer certifying that roofing system complies with requirements specified in "Performance Requirements" Article. 1. Submit evidence of meeting performance requirements. F. Warranties: Special warranties specified in this Section. 1.6 QUALITY ASSURANCE A. Installer Qualifications: A qualified firm that is approved, authorized, or licensed by roofing system manufacturer to install manufacturer's product and that is eligible to receive manufacturer's warranty. B. Manufacturer Qualifications: A qualified manufacturer that has UL listing for roofing system identical to that used for this Project. C. Testing Agency Qualifications: An independent testing agency with the experience and capability to conduct the testing indicated, as documented according to ASTM E 548. D. Source Limitations: Obtain components for roofing system approved by roofing system manufacturer. E. Fire-Test-Response Characteristics: Provide roofing materials with the fire-test-response characteristics indicated as determined by testing identical products per test method below by UL, FMG, or another testing and inspecting agency acceptable to authorities having jurisdiction. Materials shall be identified with appropriate markings of applicable testing and inspecting agency. 1. Exterior Fire-Test Exposure: Class A; ASTM E 108, for application and roof slopes indicated. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 51 10 Page 3 2. Fire-Resistance Ratings: ASTM E 119, for fire-resistance-rated roof assemblies of which roofing system is a part. 1.7 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, and directions for storage. 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. Handle and store roofing materials and place equipment in a manner to avoid permanent deflection of deck. 1.8 PROJECT 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. 1.9 WARRANTY A. Special Warranty: Manufacturer's standard form, without monetary limitation, in which manufacturer agrees to repair or replace components of roofing system that fail in materials or workmanship within specified warranty period. Failure includes roof leaks. 1. Special warranty includes roofing membrane, base flashings, roofing membrane and other components of roofing system. 2. Warranty Period: 20 years from date of Substantial Completion. B. Special Project Warranty: Submit roofing Installer's warranty, on warranty form at end of this Section, signed by Installer, covering Work of this Section, including all components of roofing system such as roofing membrane, base flashing, and fasteners, for the following warranty period: 1. Warranty Period: Two years from date of Substantial Completion. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Built-up Asphalt Roofing: EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 51 10 Page 4 a. CertainTeed Corporation. b. GAF Materials Corporation. c. Intec/Permaglas; Div. of U.S. Intec, Inc. d. Johns Manville International, Inc. 2.2 BASE-SHEET MATERIALS A. Sheathing Paper: Red-rosin type, minimum 4 lb/100 sq. ft. B. Base Sheet: ASTM D 4601, Type II, nonperforated, asphalt-impregnated and -coated, glass- fiber sheet, dusted with fine mineral surfacing on both sides. 2.3 ROOFING MEMBRANE PLIES A. Ply Sheet: ASTM D 2178, Type IV, asphalt-impregnated, glass-fiber felt. B. Cap Sheet: ASTM D 3909, asphalt-impregnated and -coated, glass-fiber cap sheet, with white coarse mineral-granule top surfacing and fine mineral surfacing on bottom surface. 2.4 FLASHING MATERIALS A. Flashing Sheet: ASTM D 6164, Type I or II, polyester-reinforced, SBS-modified asphalt sheet; granular surfaced; suitable for application method specified and as follows: 1. Granule Color: Terra Cotta. 2.5 ASPHALT MATERIALS A. Asphalt Primer: ASTM D 41. B. Roofing Asphalt: ASTM D 312, Type III or IV as recommended by built-up roofing system manufacturer for application. 2.6 AUXILIARY ROOFING MEMBRANE MATERIALS A. General: Auxiliary materials recommended by roofing system manufacturer for intended use and compatible with built-up roofing. B. Asphalt Roofing Cement: ASTM D 4586, asbestos free, of consistency required by roofing system manufacturer for application. C. Mastic Sealant: Polyisobutylene, plain or modified bitumen, nonhardening, nonmigrating, nonskinning, and nondrying. 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 EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 51 10 Page 5 substrate; tested by manufacturer for required pullout strength; and acceptable to roofing system manufacturer. E. Metal Flashing Sheet: Metal flashing sheet is specified in Division 7 Section "Sheet Metal Flashing and Trim." F. Miscellaneous Accessories: Provide miscellaneous accessories recommended by roofing system manufacturer. 2.7 COATING MATERIALS A. Roof Coating: ASTM D 1227, Type II, Class 1, mineral-colloid-emulsified, fibered asphalt emulsion, asbestos free. 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 set and braced and that roof drains are securely clamped in place. 2. Verify that wood cants, blocking, curbs, and nailers are securely anchored to roof deck at penetrations and terminations. 3. Verify that deck is securely fastened with no projecting fasteners and with no adjacent units in excess of 1/16 inch out of plane relative to adjoining deck. 4. 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. Prime surface of concrete deck with asphalt primer at a rate of 3/4 gal./100 sq. ft. and allow primer to dry. 3.3 ROOFING MEMBRANE INSTALLATION, GENERAL A. Install built-up roofing membrane system according to roofing system manufacturer's written instructions and applicable recommendations of ARMA/NRCA's "Quality Control Guidelines for the Application of Built-up Roofing." EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 51 10 Page 6 1. Install roofing system BU-N-A-G3 with base sheet, according to specification-plate classifications in NRCA's "The NRCA Roofing and Waterproofing Manual" and requirements in this Section. B. Start installation of built-up roofing membrane in presence of roofing system manufacturer's technical personnel. C. Where roof slope exceeds 1 inch per 12 inches (1:12 ), install sheets of built-up roofing membrane parallel with slope. 1. Backnail roofing membrane sheets to substrate according to roofing system manufacturer's written instructions. D. Cooperate with testing and inspecting agencies engaged or required to perform services for installing built-up roofing system. E. Coordinate installing roofing system components so insulation and roofing membrane sheets are not exposed to precipitation or left exposed 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 membrane sheets and insulation with a course of coated felt set in roofing cement or hot roofing asphalt with joints and edges sealed. 2. Complete terminations and base flashings and provide temporary seals to prevent water from entering completed sections of roofing system. 3. Remove and discard temporary seals before beginning work on adjoining roofing. F. Asphalt Heating: Heat roofing asphalt and apply within plus or minus 25 deg F of equiviscous temperature unless otherwise required by roofing system manufacturer. Do not raise roofing asphalt temperature above equiviscous temperature range more than one hour before time of application. Do not exceed roofing asphalt manufacturer's recommended temperature limits during roofing asphalt heating. Do not heat roofing asphalt within 25 deg F of flash point. Discard roofing asphalt maintained at a temperature exceeding finished blowing temperature for more than 4 hours. G. Substrate-Joint Penetrations: Prevent roofing asphalt from penetrating substrate joints, entering building, or damaging roofing system components or adjacent building construction. 3.4 ROOFING MEMBRANE INSTALLATION A. Loosely lay one course of sheathing paper, lapping edges and ends a minimum of 2 inches and 6 inches, respectively. B. Install one lapped course of base sheet, extending sheet over and terminating beyond cants. Attach base sheet as follows: 1. Mechanically fasten to substrate. C. Install three ply sheets starting at low point of roofing system. Align ply sheets without stretching. Shingle side laps of ply sheets uniformly to achieve required number of plies throughout thickness of roofing membrane. Shingle in direction to shed water. Extend ply sheets over and terminate beyond cants. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 51 10 Page 7 1. Embed each ply sheet in a solid mopping of hot roofing asphalt applied at rate required by roofing system manufacturer, to form a uniform membrane without ply sheets touching. D. Cap Sheet: Install lapped granulated cap sheet starting at low point of roofing system. Offset laps from laps of preceding ply sheets and align cap sheet without stretching. Lap in direction to shed water. Extend cap sheet over and terminate beyond cants. 1. Embed cap sheet in a solid mopping of hot roofing asphalt applied at rate required by roofing system manufacturer. 3.5 FLASHING AND STRIPPING INSTALLATION A. Install base flashing over cant strips and other sloping and vertical surfaces, at roof edges, and at penetrations through roof, and secure to substrates according to roofing system manufacturer's written instructions and as follows: 1. Prime substrates with asphalt primer if required by roofing system manufacturer. 2. Flashing Sheet Application: Adhere flashing sheet to substrate in a solid mopping of hot roofing asphalt applied at not less than 425 deg F. Apply hot roofing asphalt to back of flashing sheet if recommended by roofing system manufacturer. B. Extend base flashing up walls or parapets a minimum of 8 inches above roofing membrane and 4 inches onto field of roofing membrane. C. Mechanically fasten top of base flashing securely at terminations and perimeter of roofing. 1. Seal top termination of base flashing. D. Install stripping, according to roofing system manufacturer's written instructions, where metal flanges and edgings are set on built-up roofing. 1. Flashing-Sheet Stripping: Install flashing-sheet stripping in a continuous coating of asphalt roofing cement or in a solid mopping of hot roofing asphalt applied at not less than 425 deg F, and extend onto roofing membrane. 2. Flashing-Sheet Stripping: Install flashing-sheet stripping by heat welding and extend onto roofing membrane. 3. Built-up Stripping: Install stripping of not less than 2 roofing membrane ply sheets, setting each ply in a continuous coating of asphalt roofing cement or in a solid mopping of hot roofing asphalt, and extend onto roofing membrane 4 inches and 6 inches, respectively. 3.6 COATING INSTALLATION A. Apply coatings to base flashings according to manufacturer's written instructions, by spray, roller, or other suitable application method. 3.7 FIELD QUALITY CONTROL A. Testing Agency: Owner will engage a qualified independent testing and inspecting agency to perform roof tests and inspections and to prepare test reports. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 51 10 Page 8 B. Test Cuts: Before flood coating and surfacing built-up roofing membrane, test specimens will be removed to evaluate problems observed during quality-assurance inspections of roofing membrane as follows: 1. Approximate quantities of components within roofing membrane will be determined according to ASTM D 3617. 2. Test specimens will be examined for interply voids according to ASTM D 3617 and to comply with criteria established in Appendix 3 of ARMA/NRCA's "Quality Control Guidelines for the Application of Built-up Roofing." C. Final Roof Inspection: Arrange for roofing system manufacturer's technical personnel to inspect roofing installation on completion and submit report to Architect. 1. Notify Architect or Owner 48 hours in advance of date and time of inspection. D. Repair or remove and replace components of roofing system where test results or inspections indicate that they do not comply with specified requirements. E. Additional testing and inspecting, at Contractor's expense, will be performed to determine compliance of replaced or additional work with specified requirements. 3.8 PROTECTING AND CLEANING A. Protect roofing system from damage and wear during remainder of construction period. When remaining construction will not affect or endanger roofing, inspect roofing for deterioration and damage, describing its nature and extent in a written report, with copies to Architect and Owner. B. Correct deficiencies in or remove roofing system that does not comply with requirements, repair substrates, and repair or reinstall roofing system to a condition free of damage and deterioration at time of Substantial Completion and according to warranty requirements. C. Clean overspray and spillage from adjacent construction using cleaning agents and procedures recommended by manufacturer of affected construction. -- END OF SECTION 07 51 10 -- EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 62 00 Page 1 SECTION 07 62 00 SHEET METAL FLASHING AND TRIM PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes sheet metal flashing and trim in the following categories: 1. Roof-drainage systems. 2. Exposed trim. 3. Copings. 4. Metal flashing. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 7 Roofing Sections for flashing and roofing accessories installed integral with roofing membrane as part of roofing-system work. 1.3 PERFORMANCE REQUIREMENTS A. General: Install sheet metal flashing and trim to withstand wind loads, structural movement, thermally induced movement, and exposure to weather without failing. 1.4 SUBMITTALS A. General: Submit each item in this Article according to the Conditions of the Contract and Division 1 Specification Sections. B. Product Data including manufacturer's material and finish data, installation instructions, and general recommendations for each specified flashing material and fabricated product. C. Shop Drawings of each item specified showing layout, profiles, methods of joining, and anchorage details. 1.5 QUALITY ASSURANCE EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 62 00 Page 2 A. Installer Qualifications: Engage an experience Installer who has completed sheet metal flashing and trim work similar in material, design, and extent to that indicated for this Project and with a record of successful in-service performance. B. Mockups: Prior to installing sheet metal flashing and trim, construct mockups indicated to verify selections made under Sample submittals and to demonstrate aesthetic effects as well as qualities of materials and execution. Build mockups to comply with the following requirements, using materials indicated for final unit of Work. 1. Locate mockups on-site in the location and of the size indicated or, if not indicated, as directed by Architect. 2. Notify Architect one week in advance of the dates and times when mockups will be constructed. 3. Demonstrate the proposed range of aesthetic effects and workmanship. 4. Construct mockups for the following type of sheet metal flashing and trim: a. Gutters and downspouts. b. Exposed trim. 5. Obtain Architect's approval of mockups before start of final unit of Work. 6. Retain and maintain mockups during construction in an undisturbed condition as a standard for judging the completed Work. a. When directed, demolish and remove mockups from Project site. b. Approved mockups in an undisturbed condition at the time of Substantial Completion may become part of the completed Work. 1.6 PROJECT CONDITIONS A. Coordinate Work of this Section with interfacing and adjoining Work for proper sequencing of each installation. Ensure best possible weather resistance, durability of Work, and protection of materials and finishes. PART 2 - PRODUCTS 2.1 METALS A. Copper: ASTM B 370; temper H00, cold rolled except where temper 060 is required for forming; not less than 16 oz./sq. ft., unless otherwise indicated. 2.2 MISCELLANEOUS MATERIALS AND ACCESSORIES A. Solder: ASTM B 32, Grade Sn50, used with rosin flux. B. Fasteners: Same metal as sheet metal flashing or other noncorrosive metal as recommended by sheet metal manufacturer. Match finish of exposed heads with material being fastened. C. Asphalt Mastic: SSPC-Paint 12, solvent-type asphalt mastic, nominally free of sulfur and containing no asbestos fibers, compounded for 15-mil dry film thickness per coat. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 62 00 Page 3 D. Mastic Sealant: Polyisobutylene; nonhardening, nonskinning, nondrying, nonmigrating sealant. E. Elastomeric Sealant: Generic type recommended by sheet metal manufacturer and fabricator of components being sealed. F. Adhesives: Type recommended by flashing sheet metal manufacturer for waterproof and weather-resistant seaming and adhesive application of flashing sheet metal. G. Metal Accessories: Provide sheet metal clips, straps, anchoring devices, and similar accessory units as required for installation of Work, matching or compatible with material being installed; noncorrosive; size and thickness required for performance. H. Roofing Cement: ASTM D 4586, Type I, asbestos free, asphalt based. 2.3 FABRICATION, GENERAL A. Sheet Metal Fabrication Standard: Fabricate sheet metal flashing and trim to comply with recommendations of SMACNA's "Architectural Sheet Metal Manual" that apply to the design, dimensions, metal, and other characteristics of the item indicated. B. Comply with details shown to fabricate sheet metal flashing and trim that fit substrates and result in waterproof and weather-resistant performance once installed. Verify shapes and dimensions of surfaces to be covered before fabricating sheet metal. C. Form exposed sheet metal Work 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. D. Seams: Fabricate nonmoving seams in sheet metal with flat-lock seams. Tin edges to be seamed, form seams, and solder. E. Sealed Joints: Form nonexpansion, but movable, joints in metal to accommodate elastomeric sealant to comply with SMACNA standards. F. Separate metal from noncompatible metal or corrosive substrates by coating concealed surfaces at locations of contact with asphalt mastic or other permanent separation as recommended by manufacturer. G. Conceal fasteners and expansion provisions where possible. Exposed fasteners are not allowed on faces of sheet metal exposed to public view. H. Fabricate cleats and attachment devices from same material as sheet metal component being anchored or from compatible, noncorrosive metal recommended by sheet metal manufacturer. 1. Size: As recommended by SMACNA manual or sheet metal manufacturer for application but never less than thickness of metal being secured. 2.4 SHEET METAL FABRICATIONS A. General: Fabricate sheet metal items in thickness or weight needed to comply with performance requirements but not less than that listed below for each application and metal. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 62 00 Page 4 B. Copings: Fabricate from the following material: 1. Copper: 24 oz./sq. ft. C. Base Flashing: Fabricate from the following material: 1. Copper: 20 oz./sq. ft. D. Counterflashing: Fabricate from the following material: 1. Copper: 16 oz./sq. ft. E. Valley Flashing: Fabricate from the following material: 1. Copper: 16 oz./sq. ft. F. Eave Flashing: Fabricate from the following material: 1. Copper: 16 oz./sq. ft. G. Roof-Penetration Flashing: Fabricate from the following material: 1. Copper: 16 oz./sq. ft. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates and conditions under which sheet metal flashing and trim are to be installed and verify that Work may properly commence. Do not proceed with installation until unsatisfactory conditions have been corrected. 3.2 INSTALLATION A. General: Unless otherwise indicated, install sheet metal flashing and trim to comply with performance requirements, manufacturer's installation instructions, and SMACNA's "Architectural Sheet Metal Manual." Anchor units of Work securely in place by methods indicated, providing for thermal expansion of metal units; conceal 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 weatherproof. B. Install exposed sheet metal Work 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. Verify shapes and dimensions of surfaces to be covered before fabricating sheet metal. C. Roof-Edge Flashings: Secure metal flashings at roof edges according to FM Loss Prevention Data Sheet 1-49 for specified wind zone. D. Expansion Provisions: Provide for thermal expansion of exposed sheet metal Work. Space movement joints at maximum of 10 feet with no joints allowed within 24 inches of corner or intersection. Where lapped or bayonet-type expansion provisions in Work cannot be used or EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 07 62 00 Page 5 would not be sufficiently weatherproof and waterproof, form expansion joints of intermeshing hooked flanges, not less than 1 inch deep, filled with mastic sealant (concealed within joints). E. Soldered Joints: Clean surfaces to be soldered, removing oils and foreign matter. Pretin edges of sheets to be soldered to a width of 1-1/2 inches (38 mm), except where pretinned surface would show in finished Work. 1. Do not use torches for soldering. Heat surfaces to receive solder and flow solder into joint. Fill joint completely. Completely remove flux and spatter from exposed surfaces. F. Sealed Joints: Form nonexpansion, but movable, joints in metal to accommodate elastomeric sealant to comply with SMACNA standards. Fill joint with sealant and form metal to completely conceal sealant. 1. Use joint adhesive for nonmoving joints specified not to be soldered. G. Seams: Fabricate nonmoving seams in sheet metal with flat-lock seams. Tin edges to be seamed, form seams, and solder. H. Separations: Separate metal from noncompatible metal or corrosive substrates by coating concealed surfaces, at locations of contact, with asphalt mastic or other permanent separation as recommended by manufacturer. 1. Bed flanges of Work in a thick coat of roofing cement where required for waterproof performance. I. Roof-Drainage System: Install drainage items fabricated from sheet metal, with straps, adhesives, and anchors recommended by SMACNA's Manual or the item manufacturer, to drain roof in the most efficient manner. Coordinate roof-drain flashing installation with roof-drainage system installation. Coordinate flashing and sheet metal items for steep-sloped roofs with roofing installation. J. Roof-Penetration Flashing: Coordinate roof-penetration flashing installation with roofing and installation of items penetrating roof. Install flashing as follows: 1. Seal and clamp flashing to pipes penetrating roof, other than lead flashing on vent piping. K. Install continuous gutter screens on gutters with noncorrosive fasteners, arranged as hinged units to swing open for cleaning gutters. 3.3 CLEANING AND PROTECTION A. Clean exposed metal surfaces, removing substances that might cause corrosion of metal or deterioration of finishes. B. Provide final protection and maintain conditions that ensure sheet metal flashing and trim Work during construction is without damage or deterioration other than natural weathering at the time of Substantial Completion. -- END OF SECTION 07 62 00 -- EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 09 21 00 Page 1 SECTION 09 21 00 PLASTER REPAIR AND RESTORATION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Included all labor, services, materials, equipment and scaffolding required to complete all plastering, plaster repair, restoration and whitewashing. 2. All screens, where plaster meets another material. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 4 Section "Adobe” 2. Division 4 Section "Adobe and Masonry Stabilization.” 3. Division 6 Section "Rough Carpentry" for wood framing and furring. 1.3 TESTING A. Plaster Analysis 1. Collect sufficient samples of existing plaster for analysis by an independent testing laboratory experienced in the analysis of historic plaster/mortars. Testing shall be done at the expense of the Contractor; submit test results in writing to the City. 2. Laboratory analysis of samples of existing plaster shall determine composition and proportions of the plaster materials and determine the aggregate types and sizes for the purposes of matching new plaster materials. 3. Provide copies of the laboratory analysis to the City and the manufacturers prior to placing orders for and formulating new and patching materials. 1.4 SUBMITTALS A. General: Submit each item in this Article according to the Conditions of the Contract and Division 1 Specification Sections. B. Product Data for each product specified. C. Submit proposed method of operations for the plaster repair and restoration work. The proposed method should be clearly outlined and detailed including application tools and EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 09 21 00 Page 2 equipment, time schedule, qualifications of experience personnel, protection of historic fabric and emergency precautions. 1.5 QUALITY ASSURANCE A. Mockups: Prior to installing plaster work, construct panels for each type of finish and application required to verify selections made under Sample submittals and to demonstrate aesthetic effects as well as qualities of materials and execution. Build mockups to comply with the following requirements, using materials indicated for final unit of Work. 1. Locate mockups on-site in the location and of the size indicated or, if not indicated, as directed by Architect. 2. Erect mockups 48 by 48 inches by full thickness in presence of Architect using materials, including lath, support system, and control joints, indicated for final Work. 3. Notify Architect 7 days in advance of the dates and times when mockups will be constructed. 4. Demonstrate the proposed range of aesthetic effects and workmanship. 5. Obtain Architect's approval of mockups before start of plaster Work. 6. Retain and maintain mockups during construction in an undisturbed condition as a standard for judging the completed plaster repair Work. B. Preinstallation Conference: Prior to installation of work of this section, conduct a meeting at the project site to discuss quality assurance requirements. 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver cementitious materials to Project site in original packages, containers, or bundles, labeled with manufacturer's name, product brand name, and lot number. B. Store materials inside, under cover, and dry, protected from weather, direct sunlight, surface contamination, aging, corrosion, and damage from construction traffic and other causes. 1.7 PROJECT CONDITIONS A. Environmental Requirements, General: Comply with requirements of referenced plaster application standards and recommendations of plaster manufacturer for environmental conditions before, during, and after plaster application. B. Cold-Weather Requirements: Provide heat and protection, temporary or permanent, as required to protect each coat of plaster from freezing for at least 24 hours after application. Distribute heat uniformly to prevent concentration of heat on plaster near heat sources; provide deflection or protective screens. C. Warm-Weather Requirements: Protect plaster against uneven and excessive evaporation and from strong flows of dry air, both natural and artificial. Apply and cure plaster as required by climatic and job conditions to prevent dry out during cure period. Provide suitable coverings, moist curing, barriers to deflect sunlight and wind, or combinations of these, as required. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 09 21 00 Page 3 D. Exterior Plaster Work: Do not apply plaster when ambient temperature is below 40 deg F. E. Interior Plaster Work: Maintain at least 50 deg F temperature in areas to be plastered for at least 48 hours before, during, and after application. F. Ventilation: Provide natural or mechanical means of ventilation to properly dry interior spaces after plaster has cured. G. Protect contiguous work from soiling and moisture deterioration caused by plastering. Provide temporary covering and other provisions necessary to minimize harmful spattering of plaster on other work. PART 2 - PRODUCTS 2.1 LATH A. Expanded-Metal Lath: Comply with ASTM C 847 for material, type, configuration, and other characteristics indicated below. 1. Material: Fabricate expanded-metal lath from sheet metal conforming to the following: a. Galvanized Steel: Structural-quality, zinc-coated (galvanized) steel sheet complying with ASTM A 653, G60 minimum coating designation, unless otherwise indicated. B. Woven-Wire Lath: ASTM C 1032, fabricated into 1-1/2-inch hexagonal-shaped mesh with minimum 0.0510-inch diameter, galvanized steel wire. 2.2 PLASTER MATERIALS A. Cement Plaster 1. Portland cement: ASTM C 150, Type II. 2. Lime: ASTM C 206, Type S; or ASTM C 207; special hydrated lime. 3. Aggregate: ASTM C144 for "Sand for Use in Plaster". Shall be clean, washed and sharp. 4. Water: Potable. B. Adobe plaster to be composed of proportions of materials to match the proportional tests of existing adobe bricks. 1. Adjust proportions as necessary to make plaster adhere to building and as required to eliminate cracking of finished wall. 2.3 MIXING A. Mechanically mix cementitious and aggregate materials for plasters to comply with applicable referenced application standard and with recommendations of plaster manufacturer. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 09 21 00 Page 4 PART 3 - EXECUTION 3.1 GROUT INJECTION A. Grout Injection at Delaminated Plaster voids: 1. Protect, shore, and secure the existing plaster in place carefully pushing delaminated plaster back into place against adobe wall. 2. Remove accessible loose pieces of adobe and mortar from the void areas. 3. Blow dust and small particles from the area with compressed air and vacuum all debris. 4. Caulk cracks with stiff grout to which two parts Portland cement have been added. When caulk is hard, drill one- quarter inch diameter holes approximately 12 inches on center each way. Use non-impact drilling equipment. 5. Injection Design Grout Mix. Prepare a grout of the following materials accurately measured by weight: • 55 lbs. - Adobe soil • 20 lbs. - Washed plaster sand • 30 lbs. - Portland cement • 2.5 oz. - Sika Grout-aid II Water as required for proper consistency 6. Prepare a second grout mix as specified in Section 04500 for crack repair as an alternate design mix. Both mixes shall be used in the mock-up procedures. Testing shall be provided by the Contractor to determine which design mix provides the best adhesion properties. 7. Inject the grout into void areas from the exterior side of the wall only. Injection process shall be by low pressure only. Start from the bottom and inject into the drilled holes in sequence working up. Place grout until it flows from the holes above. If grout does not appear from the hole above, the problem shall be determined and corrected before proceeding. Plug the hole receiving grout and begin pumping into the adjacent hole until grout flows from the next hole. Proceed with injection until all the holes are filled with grout. The grout injection shall be performed in lifts as determined by the installer. 8. Remove all hardened spills and unused grout from the site and dispose of it legally. Clean wall surfaces, floors, and grounds from debris caused by this work. 3.2 PLASTERING A. Shall be free from laps, cracks, checks and other structural defects. B. Caution shall be exercised in preventing too rapid drying of plaster. 3.3 MEASURING OF INGREDIENTS A. All ingredients entering plaster mixes shall be proportioned and measured by means of calibrated boxes or containers of such nature that the quantities to be measured can be readily and accurately checked at any time. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 09 21 00 Page 5 3.4 MIXING OF PLASTER A. The plaster ingredients shall be thoroughly mixed using a batch machine mixer wherever practicable. B. No more shall be mixed at any one time than can be properly incorporated into the work within one-half hour after mixing. C. No material shall be permitted to remain overnight in the mixer or mixing boxes. All tools and implements used in the mixing and transporting of plaster shall be thoroughly cleaned after use. 3.5 FINISHES A. Finish shall be such that it closely matches the existing plaster texture. B. A sample panel of exterior finish (48" x 48") shall be prepared for the Architect's approval. Refer to the Quality Assurance section. C. The mud plaster shall be hand smoothed to create a "polished" surface. 3.6 PLASTER APPLICATION A. The finishing process shall be done by hand. B. Average thickness plaster shall be 3/4" inch. 3.7 TESTING FOR PROPER MIXTURE OF ADOBE PLASTER A. A test area of approximately 4 square feet of plaster shall be made on the existing adobe brick wall to check how well this mixture adheres to the adobe. B. The plaster formula may have to be changed if the new plaster does not adhere well enough. 3.8 APPLICATION OF PLASTER AND ADOBE WHITEWASH A. Apply adobe plaster in two coats; scratch coat and finish coat. B. Adobe Whitewash - Where the original finish is whitewash, a new whitewash should be applied immediately following the mudding. The Contractor should be aware that other whitewash formulas can be submitted in lieu of this formula but examples in-place conditions for 5 years or longer will be reviewed by the Architect before approval can be given. After the whitewash is prepared, a test sample will be performed on the adobe and allowed to set for two weeks before final application. Contractor should allow for this time constraint in the overall schedule. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 09 21 00 Page 6 C. If tests made with the proportions specified for adobe plaster prove unsatisfactory, new proportions shall be tested to help bring about best results. The plaster shall show no signs of coming off after one year following installation. -- END OF SECTION 09 21 00 -- EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 09 90 00 Page 1 SECTION 09 90 00 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 exterior substrates: 1. Wood board siding, Roof Eaves, Beams, and Rafters. 2. Wood doors, trim, frames, rails, window sashes. 3. Portland cement plaster (stucco). 4. Steel and iron. B. Section includes surface preparation and the application of paint systems on the following interior substrates: 1. Wood ceilings and exposed structure. 2. Gypsum board, walls, and ceilings. C. Related Requirements: 1. Section 02 42 96 “Historic Treatment Procedures” 2. Preservation Briefs: Appendix 1.3 REFERENCES A. SSPC-SP 1 - Solvent Cleaning B. SSPC-SP 2 - Hand Tool Cleaning C. SSPC-SP 3 - Power Tool Cleaning D. SSPC-SP 13 / NACE No. 6 Surface Preparation for Concrete E. EPA-Method 24 F. SCAQMD Rule1113 -7/01/2008 EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 09 90 00 Page 2 1.4 DEFINITIONS A. MPI Gloss Level 1: Not more than five units at 60 degrees and 10 units at 85 degrees, according to ASTM D523. B. MPI Gloss Level 3: 10 to 25 units at 60 degrees and 10 to 35 units at 85 degrees, according to ASTM D523. C. MPI Gloss Level 4: 20 to 35 units at 60 degrees and not less than 35 units at 85 degrees, according to ASTM D523. D. MPI Gloss Level 5: 35 to 70 units at 60 degrees, according to ASTM D523. E. MPI Gloss Level 6: 70 to 85 units at 60 degrees, according to ASTM D523. F. MPI Gloss Level 7: More than 85 units at 60 degrees, according to ASTM D523. 1.5 ACTION SUBMITTALS A. Product Data: For each type of product. Include preparation requirements and application instructions. 1. Product characteristics 2. Surface preparation instructions and recommendations 3. Primer requirements and finish specification 4. Storage and handling requirements and recommendations 5. Application methods 6. Cautions B. Samples for Initial Selection: Submit a complete set of color chips that represent the full range of manufactures color samples available. C. Samples for Verification: For each finish product specified, submit samples that represent actual product, color, and sheen. D. Product List: Cross-reference to paint system and locations of application areas. Use same designations indicated on Drawings and in schedules. Include color designations. E. Submit SDAPCD compliant products only. F. Closeout Submittals: Provide a S-W Custodian or similar 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. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 09 90 00 Page 3 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. a. Vertical and Horizontal Surfaces: Provide samples of at least 50 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: Deliver manufacturer's unopened containers to the work site. Packaging shall bear the manufacture’s name, label, and the following list of information: 1. Product name, and type (description) 2. Application & use instructions 3. Surface preparation 4. VOC content 5. Environmental issues 6. Batch date 7. Color number B. Storage: Store and dispose of solvent-based materials, and materials used with solvent-based materials, in accordance with requirements of local authorities having jurisdiction. Store materials in an area that is within the acceptable temperature range, per manufacturer’s instructions. Protect from freezing. C. Handling: Maintain a clean, dry storage area, to prevent contamination or damage to the coatings. 1.8 FIELD CONDITIONS A. Maintain environmental conditions (temperature, humidity, and ventilation) within limits recommended by manufacturer for optimum results. Do not apply coatings under environmental conditions outside manufacturer's absolute limits. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 09 90 00 Page 4 PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Specified Manufacturer: Products of the Sherwin-Williams Company are the basis of design products specified to establish the level of quality. B. Substitutions: When submitting request for substitution, provide complete product data specified above under Submittals, for each substitute product. 2.2 PAINT, GENERAL A. MPI Standards: Products shall comply with MPI standards indicated and shall be listed in its "MPI Approved Products Lists." B. Material Compatibility: 1. Systems could fail if paints used for individual coats are incompatible. MPI's paint systems match primers and topcoats and take compatibility into consideration. 2. Materials for use within each paint system shall be compatible with one another and substrates indicated, under conditions of service and application as demonstrated by manufacturer, based on testing and field experience. 3. For each coat in a paint system, products shall be recommended in writing by topcoat manufacturers for use in paint system and on substrate indicated. C. VOC’s. The VOC concentrations of the product shall not exceed the current rules in effect for the South Coast Air Quality Management District (SCAQMD). The calculation of VOC shall exclude water and tinting color added at the point of sale. D. Primers: Where the manufacturer offers options on primers for a particular substrate, use primer categorized as "best" by the manufacturer. 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. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 09 90 00 Page 5 PART 3 - EXECUTION 3.1 EXAMINATION A. Do not begin application of coatings until substrates have been properly prepared. Notify Architect of unsatisfactory conditions before proceeding. B. If substrate preparation is the responsibility of another installer, notify Architect of unsatisfactory preparation before proceeding. C. Proceed with work only after conditions have been corrected and approved by all parties, otherwise application of coatings will be considered as an acceptance of surface conditions. 3.2 SURFACE PREPARATION A. Proper product selection, surface preparation and application affect coating performance. Coating integrity and service life will be reduced because of improperly prepared surfaces. B. The surface must be dry and in sound condition. Remove all oil, dust, dirt, loose rust, peeling paint or other contamination to ensure good adhesion. C. Remove mildew before painting by washing with a solution of 1 part liquid household bleach and 3 parts of warm water. Apply the solution and scrub the mildewed area. Allow the solution to remain on the surface for 10 minutes. Rinse thoroughly with clean water and allow the surface to dry 48 hours before painting. Wear protective glasses or goggles, waterproof gloves, and protective clothing. Quickly wash off any of the mixture that comes in contact with your skin. Do not add detergents or ammonia to the bleach/water solution. D. No exterior painting should be done immediately after a rain, during foggy weather, when rain is predicted, or when the temperature is below 50°F unless the specified product is designed for the marginal conditions. E. Methods: 1. Previously Painted Concrete and Cement Plaster. Remove all surface contamination by high pressure washing with an appropriate cleaner, rinse thoroughly and allow to dry. Existing peeled or checked paint should be scraped, sanded, and removed to a sound surface. Pressure wash with a minimum of 2100 psi pressure to remove all dirt, dust, grease, oil, chalk, loose particles, laitance, foreign material, and peeling or defective coatings. Allow the surface to dry thoroughly. Patch all cracks up to 1/16” in width with ConSeal Sealant or Patch. Open to a sound surface all cracks in excess of 1/16” in width and prime then patch with Loxon S1 Sealant or Patch. Spot prime all patched areas and apply a full prime coat to all new concrete / plaster surfaces prior to painting. 2. Previously Painted Ferrous and Non-Ferrous Metal. Clean all visible oil, grease, soluble welding residues, and salts by the methods outlined in SSPC-SP1, using a biodegradable cleaner. Per SSPC-SP2 / SP3, hand tool or power tool clean to remove all peeling coatings, loosely adhered rust, scale, or corrosion, to a sound, paintable surface. 3. Previously Painted Wood. Existing peeling paint should be scraped, sanded, and removed to a sound surface. Feather-sand and fill as needed to achieve a smooth surface. Intact paint EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 09 90 00 Page 6 in good condition must be sanded to a dull finish to promote adhesion of new paint. All surfaces must be clean, dull, and dry. Spot prime all patches and repairs prior to painting using manufacturer’s recommended wood filler or putty and sand smooth. 3.3 APPLICATION A. Apply all coatings and materials per manufacture specifications. Mix and thin coatings according to manufacture recommendation. B. Do not apply to wet or damp surfaces. 1. Wait at least 30 days before applying to new concrete. Or follow manufacturer’s procedures to apply appropriate coatings prior to 30 days. 2. Test new concrete for moisture content. 3. Wait until wood is fully dry after rain, fog or dew. C. Apply coatings using methods recommended by manufacturer. D. Uniformly apply coatings without runs, drips, or sags, without brush marks, and with consistent sheen. E. Apply coatings at spreading rate required to achieve the manufacturers recommended dry film thickness and recommended by the manufacturer. F. Regardless of number of coats specified, apply as many coats as necessary for complete hide, and uniform appearance. G. Inspection: The coated surface must be inspected and approved by the Architect just prior to each coat. 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. EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 09 90 00 Page 7 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. D. At completion of construction activities of other trades, touch up and restore damaged or defaced painted surfaces. 3.6 EXTERIOR PAINTING SCHEDULE ** Note: All colors to be selected by the Architect. A. WOOD: Siding, Roof Eaves, Beams and Rafters. 1. Latex Systems, Flat, Satin, Semigloss: a. 1st Coat: S-W Preprite ProBlock Primer, B51-600 Series (4.0 mils wet, 1.4 mils dry). b. 2nd Coat: matching topcoat. c. 3rd Coat: S-W Superpaint Exterior Latex Flat, A80 Series (4.0 mils wet, 1.5 mils dry per coat). d. 3rd Coat: S-W Superpaint Exterior Latex Satin, A89 Series (4.0 mils wet, 1.5 mils dry per coat). e. 3rd Coat: S-W Superpaint Exterior Latex Gloss, A84 Series (4.0 mils wet, 1.5 mils dry per coat). B. WOOD: Doors, Trim, Frames, Rails, Window Sashes. 1. Water-based Light Industrial Systems, Flat, Satin, Semigloss: a. Prime Coat: S-W Preprite ProBlock Primer, B51-600 Series (4.0 mils wet, 1.4 mils dry). b. 2nd Coat: matching topcoat. c. 3rd Coat: S-W Superpaint Exterior Latex Flat, A80 Series (4.0 mils wet, 1.5 mils dry per coat). d. 3rd Coat: S-W ProIndustrial WB Alkyd Urethane Low Sheen, B53-1250 (5.0 mils wet, 1.7 mils dry per coat). e. 3rd Coat: S-W ProIndustrial WB Alkyd Urethane Semigloss, B53-1150 (5.0 mils wet, 1.7 mils dry per coat). C. STUCCO: Walls. 1. Latex Systems, Flat, Satin, Semigloss: a. Prime Coat: S-W Loxon Primer, LX2W50, (5.3 mils wet, 2.1 mils dry). b. 2nd Coat: matching topcoat. c. 3rd Coat: S-W Superpaint Exterior Latex Flat, A80 Series (4.0 mils wet, 1.5 mils dry per coat). d. 3rd Coat: S-W Superpaint Exterior Latex Satin, A89 Series (4.0 mils wet, 1.5 mils dry per coat). e. 3rd Coat: S-W Superpaint Exterior Latex Gloss, A84 Series (4.0 mils wet, 1.5 mils dry per coat). D. METAL: Ferrous Metal Structural Fabrications, Plates, Angles, Straps. 1. Water-based Light Industrial Systems, Flat, Satin, Semigloss: EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C City of Carlsbad Technical Specifications Leo Carrillo Ranch Roof Repair Project, CIP 4748 Section 09 90 00 Page 8 a. Prime Coat: S-W ProCryl Acrylic Metal Primer, B66-1300 Series (5.0 mils wet, 1.9 mils dry). b. 2nd Coat: matching topcoat. c. 3rd Coat: S-W Superpaint Exterior Latex Flat, A80 Series (4.0 mils wet, 1.5 mils dry per coat). d. 3rd Coat: S-W ProIndustrial WB Alkyd Urethane Low Sheen, B53-1250 (5.0 mils wet, 1.7 mils dry per coat). e. 3rd Coat: S-W ProIndustrial WB Alkyd Urethane Semigloss, B53-1150 (5.0 mils wet, 1.7 mils dry per coat). 3.7 INTERIOR PAINTING SCHEDULE ** Note: All colors to be selected by the Architect. A. WOOD: Ceilings and Exposed Structure. 1. Water-based Light Industrial Systems, Flat, Satin, Semigloss: a. Prime Coat: S-W Preprite ProBlock Primer, B51-600 Series (4.0 mils wet, 1.4 mils dry). b. 2nd Coat: matching topcoat. c. 3rd Coat: S-W ProMar 200 Zero VOC Flat, B30-2600 (4.0 mils wet, 1.7 mils dry per coat). d. 3rd Coat: S-W ProIndustrial WB Alkyd Urethane Low Sheen, B53-1250 (5.0 mils wet, 1.7 mils dry per coat). e. 3rd Coat: S-W ProIndustrial WB Alkyd Urethane Semigloss, B53-1150 (5.0 mils wet, 1.7 mils dry per coat). B. Gypsum Board and Plaster Substrates: Walls and Ceilings. 1. Latex over Latex Sealer System, Flat Eg-shel, Semigloss: a. Prime Coat: S-W ProMar 200 Zero VOC Primer, B28W2600 (4.0 mils wet, 1.0 mils dry). b. Intermediate Coat: to match topcoat. c. Topcoat: S-W ProMar 200 ZeroVOC Flat, B30-2600 Series (4.0 mils wet, 1.7 mils dry per coat). d. Topcoat: S-W ProMar 200 ZeroVOC Eg-shel, B20-2600 Series (4.0 mils wet, 1.7 mils dry per coat). e. Topcoat: S-W ProMar 200 ZeroVOC Semigloss, B31-2600 Series (4.0 mils wet, 1.7 mils dry per coat). -- END OF SECTION 09 90 00 -- EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C EXHIBIT E (Cont.)PWM24-2411FAC Exhibit "E" (continued) DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 9/19/2023 (858) 500-7478 (858) 500-7479 41297 Sylvester Roofing Company Inc. STE N-PMB371 Escondido, CA 92026 19879 27847 34452 35289 A 1,000,000 X BCS2000890 9/20/2023 9/20/2024 100,000 Excluded 1,000,000 2,000,000 2,000,000 AGGREGATE CAP 10,000,000 1,000,000B SPP181660300 9/20/2023 9/20/2024 5,000,000A XLS2002794 9/20/2023 9/20/2024 5,000,000 C X WSD506487801 4/1/2023 4/1/2024 1,000,000 Y 1,000,000 1,000,000 D Pollution Legal Liab 7930127790000 9/20/2023 Occur/Aggr Limit 2,000,000 E Installation Floater PMT7039803882 9/20/2023 9/20/2024 PER JOB 1,300,000 Excess Liability will follow the same provisions, exclusions, conditions and limitations that are contained in the applicable "controlling underlying insurance", unless otherwise directed by this policy. To the extent such provisions differ or conflict, the provisions of this policy will apply. However, the coverage under this policy will not be broader than that provided by any "underlying insurance". RE: INSURED'S OPERATIONS PERFORMED UNDER WRITTEN CONTRACT. THE CITY OF CARLSBAD/CMWD IS NAMED ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT WITH RESPECT TO GENERAL LIABILITY. SEE ATTACHED ACORD 101 CITY OF CARLSBAD/CMWD c/o EXIGIS INSURANCE COMPLIANCE DEPARTMENT PO BOX 4668-ECM # 35050 NEW YORK, NY 10163-4668 SYLVROO-01 FAUMI1 Assured Partners of CA Insurance Services, LLC dba: Wateridge Insurance Services 9655 Granite Ridge Drive, Ste 450 San Diego, CA 92123 Aimee Paiva aimee.paiva@assuredpartners.com Scottsdale Insurance Company Security National Ins. Co. ICW (insurance Co. Of The West) Homeland Ins Co of New York Continental Insurance Company 30/NOC X 9/20/2024 X X X X X X X X DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. Assured Partners of CA Insurance Services, LLC dba: Wateridge Insurance Services SYLVROO-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance 1 SEE P 1 Sylvester Roofing Company Inc. STE N-PMB371 Escondido, CA 92026 SEE PAGE 1 FAUMI1 1 Description of Operations/Locations/Vehicles: WORKERS COMPENSATION WAIVER OF SUBROGATION APPLIES PER ATTACHED. 30/DAY NOTICE OF CANCELLATION APPLIES TO THE AUTO LIABILITY AND WORKERS COMPENSATION. DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C 4/1/2023 WSD506487801 DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C BCS2000890 DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations ANY PERSON OR ORGANIZATION WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT, EXECUTED PRIOR TO THE OCCURRENCE TO WHICH THIS INSURANCE APPLIES, THAT SUCH PERSON OR ORGANIZATION BE ADDED AS AN ADDITIONAL INSURED ON YOUR POLICY ALL LOCATIONS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C.With respect to the insurance afforded to these additional insureds, the following is added to Section III Limits Of Insurance: BCS2000890 DocuSign Envelope ID: 5CCC1E08-9848-470D-B787-DB126ED79B4C