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ECR Roofing and Waterproofing; 2016-03-17; PWS16-62FAC
RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Notice is hereby given that: DOC# 2016-0640824 llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Nov 22, 2016 03:23PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 1 Space above this line for Recorder's use. PARCEL NO: n/a -=~--------------- NOTICE OF COMPLETION 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on June 4, 2016. 6. Warranty documentation for contract work was submitted on September 21, 2016. 7. The name of the contractor for such work or improvement is Commercial Waterproofing Systems, Inc. dba ERC Roofing and Waterproofing. 8. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego,· State of California, and is described as follows: Dove Library Roof Replacement, Project No. 4030. 9. The street address of said property is 1775 Dove Lane in the City of Carlsbad. CITY OF CARLSBAD ~ityE~~~~JJ~ VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on (}.C;Lisu:nbe tL.. I I.e , 201Je_, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on Uo (}. /.6 , 201f£_, at Carlsbad, California. Word\Masters\Forms\Notice of Completion (City) ARBARA ENGLE City Clerk 3/9/98 COLE LIBRARY SITE LOCATION MAP DOVE LIBRARY SITE COLE LIBRARY SITE NOT TO SCALE PROJECT NAME DOVE LIBRARY RENOVATIONS AND COLE LIBRARY RENOVATIONS PACIFIC OCEAN PLOTTED 8'1! SCOTT EVANS PLOT DA1E:6/17/l4 PATH:D: \I.IISCELLANEOUS\LOCATION lofAPS\40J01_40201-DOVE:-COLE.DitG PROJECT NUMBER 40301, 47061 (DOVE) 40201, 47051 (COLE) Project: 4030 Dove Library Roof Replacement Change Order No. 1 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 1 Project: Dove Library Roof Replacement -Project No. 4030 CONTRACT NO. 4030 ACCOUNT NO. 3007000-906040301-9066 CONTRACTOR: ERG Roofing & Waterproofing ADDRESS: 216 Avenida Fabricante #111A San Clemente. CA 92672 P.O. NO. P132119 The Contractor is directed to make the following changes as described herein. Changes shall include all labor, materials, equipment, contract time extension, and all other goods and services required to implement this change. Payment stated on this change order includes all charges, direct or indirect, arising out of this additional work including charges for field overhead, extended home office overhead, delays, disruptions, cumulative impacts, loss of efficiency, extended equipment costs and overtime premium costs and is expressly agreed between the City and the Contractor to be the complete and final costs hereof. The requirements of the specifications, where pertinent and not in conflict with this change order, shall apply to these changes. This change order is not effective unless signed by the City Manager and/or the Mayor or his/her designee. Pursuant to Section 3 of the General Provisions of this contract, perform the following: Item 1: Perform roofing system adhesion test including time extension of 5 calendar days. Increase to contract cost. ....................................................................... $0.00 Item 2: Time extension of 4 calendar days for delay in roofing sequence. Increase to contract cost. ....................................................................... $0.00 Item 3: Repair expansion joint on roof above entrance to library including a time extension of 2 calendar days. (PCCO 1 /CR 1) Increase to contract cost. ................................................................. $3,657.04 Item 4: Repair of 4 linear feet of roofing seam above entrance to library including a time extension of 2 calendar days. (PCCO 1 / CR 2) Increase to contract cost. ......................................... : ............................. $0.00 Project 4030 Dove Library Roof Replacement Change Order No. 1 TOTAL INCREASE TO CONTRACT COST ......................................................... $3,657.04 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE INCREASED BY 13 CALENDAR DAYS AS A RESULT OF THIS CHANGE ORDER. /5/31/1(; (DATE) DISTRIBUTION: INSPECTION FILE (ORIGINAL), PURCHASING, CONTRACTOR, DEPUTY DIRECTOR DESIGN (DATE) te/, /,qp (DATE) ·~§~:](£ ROOFING & WATERPROOFING ERC Roofing & Waterproofing 216 Avenida Fabricante #111 San Clemente CA 92672 949-492-8985 License: 781499 To: City of Carlsbad 1635 Faraday Carlsbad CA 92008 You are hereby invited to provide information on the following items. Information must be received prior to 04/25/2016 to be considered. ~ Potential Change in ~ Project Schedule ~ May require a ~ Change Order Request For Information Date of Request: 04/22/2016 RFI#: 1 Prepared By: Steve Guilfoile Project: 98390 Dove Library 1775 Dove Ln Carlsbad CA 92011 Attachments: D □ Requires a Change of Plans/Specifications As a result of the Moisture imaging done on 04/15/2016 on what is described as Zone 2 on ERC's ZOne plan, we've detected a moderate level of moisture in the extisting roof system around the area fo the expansion joint running alng G & G.9 line. The bellow of this expansion joint is in an advanced sate of degredation and has already seen a lot of maintenance in the past, with the signs of two seperate repairs methods along it length. Obviously since there is moisture present the too are not completely working. We suggest removing the semi-permanent repairs and correcting the issue be completely encapsulating the expansion joint in its entirety. Please have your roofing consultant take a look at the attached on comment as to the means and methods of the proposed correction. Information Supplied: Area Map IR Image Plan IR Images FLIR0024,0025,0027 & 0028 Page 1 of 1 0- _,.,. .... -· ~ 0 M;O-iM,ICAL EU,OOS PLAN I 0--- 7 0 - ROOF LAN ~1,, .... ,.0' 0-~-~~b-,,....,,;,=-=-==-=--1=~=..,,:-= _=-1,I -,,=1-~.,....--1_,,..._,,,,_-1=-=11-_ -t•low-, ., -t-+-,::t;i;, 1 I ,1 I [; @---h-----+--+-----t----~--~-,---i-------,--:,:1<::-;=-i----:t-r ©---1'.=c.....==--.. ...... ~"--"'---"->-!...=-ca~~-==+==-==~=.--"--"=;=---;-=~=r ~ ~ ~ @) I ·'-' --0 OU. .&•l~••I .JabNQ1 •.01, R:R:t! re'll'WO +-~1:-sa:; = roai i;;/iF;~r/11-r,--,, /4tFU" ~ ~w-=--~@ •~~@ ---fl ~=~.,.~~-:-.~111 (8 E1'crx~~~ - A14 -rp"' 2 1 0. I TR•209. I . I • • I TP-=210 ·. TR .. 209. 00 I I ROOF SEISV4C t---.--~+-+--t--.l,..--;:::1::1 ltMR, cJ I I JT i irP-206 . oo RIDGE I .. - I &=a ~§.t=•;~ ERC Roofing & Waterproofing ~~,,., ... .,,,..,_,,, 216Avenida Fabricante tt111 --·~-•~,-San Clemente CA 92672 949·492-8985 Change Order Order#: 1 Order Date: 05/02/2016 License: 781499 To: City of Carlsbad 1635 Faraday Carlsbad CA 92008 Project: 98390 Dove Library 1775 Dove Ln Carlsbad CA 92011 The contractor agrees to perform and the owner agrees to pay for the following changes lo this contract. Ordered By: 4 Stephen Guilfoile Customer Order: Plans Attached D Specifications Attached D Description of Work Remove Semi-Perm. repair G-Line-Encapsulate Materials ERC's Mark-up Bond Costs Negative changes will lower the overall contract price requiring no additional payment by owner. Requested Amount of Change The original Contract Sum was ........................................................................................................................................... _ ............................. -.•. Net change by previous Change Orders ......................................................................................................................................................... . The Contract Sum prior to this Change Order ......................................................................... -.......................................... -....... . The Contract Sum will be changed by this Change Order ...................................................... ., ......................................... . The new Contract Sum including this Change Order will be ..................................................................................... -... . The Contract Time will be changed by ·---............................................................................................................................................. _ .. Owner: ~ r.nntr:::ir.tnr---~---,.~.,_~--,,,,_,/'\_• ---------- Date: -------- n~tp· iJ r /42.../ z,al~ Amount 2,043.05 1,016.67 561 .11 36.21 3,657.04 326,600.00 0.00 326,600.00 3,657.04 330,257.04 2 Days CONTRACTOR CHANGE ORDER REQUEST SUMMARY PROJECT NAME: Dove Library Roof Replacement C.O.R. N0.: ________ ~1 PROJECT NO: 98390 CRB/FI REF.: ______ ____;.R..;.;..F..;.;..I·0~1 A 8 c D E F G H J Owner: The City of Carlsbad DATE: ____ 4;;.:/2;.;;;2/;.;;;20;;..:.1~6 __ _ DESCRIPTION OF CHANGE: Remove (E) Seml·temp. repair materials, expose roofing system In moist areas. Apply Roofpro system System by Sika per specification to overallarea tying It Into main roof area and encapsulating expansion joint In its entirety as per the attached hlgllghted drawing. ERC Roofing Direct Costs Additive Costs Markup Labor 20% $2,043.05 Material 15% $1,016.67 Equipment 15% $0.00 Subtotal of Additive Cost $3,059.711 u Deductive Costs (use minus sign to denote negative figures) Labor § Mal erial Equipment Subtotal of Deductive Cost so.ool ERG's Total Direct Cost (D+H) $3,059.711 ERG's Mark-up ~~~Ull K frotal ERC Direct Costs+ Mark-up (Line I+ J) $3,620.821 L Total Subcontractor Direct Costs so.ool M Subcontractor Mark-up so.ool N General Contractor's Mark-up on Subcontractor Direct Costs so.ool 0 Bond Cost 1% ~~6.211 p !Total General Contractor Change Request (Line K + L + M + N + O} $3,657.031 To the best of my knowledge end belief, I ceftify that all costs listed above are correct. Coolf~lor Signa:ure oa:e Hours Rate Total Cost Labor Roofer 40 $46.43 $1 ,857.31 Roofer (Foreman) 4 $46.43 $185.73 Remobilization 0 $65.61 $0.00 Labor Subtotal $2,043.05 Quantity Unit Cost Materials Sika E-P Primer 2 $76.00 $152.00 Sikalastik-621 TC (White) 2 $280.00 $560.00 Sikaflex-11 FC Sealant (White) 8 $4.67 $37.36 Sika Flexitape 3 $64.00 $192.00 $85.00 $0.00 $3.98 $0.00 $3.33 $0.00 $55.00 $0.00 $0.00 $0.00 $0.00 Material Subtotal Sales Tax $75.31 $1 ,016.67 Quantity Unit Cost Total Cost Equipment 0 $0.00 $0.00 $0.00 $0.00 $0.00 HOURLY LABOR RATE WORKSHEET TRADE: Roofer ------------~~~------------ Rate I Prevailing Wage Rate Item Per $100 I Regular Time Overtime 2 Notes Base Labor Rate 527.23 $40.85 $54.46 Use certified paytoU to verify. Bene lit Benef.t Pa'd Prov'.ded Fringe Benefits: embrane roofing material~ inclucfng Pension plywood, and 2x Subf X $1.62 $5.59 $1.62 Health/Welfare X $6.00 $7.56 $3.34 T raining!Certification X $0.30 $0.40 so.oo VacationiHolid ay X $0.00 $0.00 $0.00 Other X so.oo so.oo so.oo Fringe Benefits Subtotal $7.92 $13.55 $4.96 Total PW Hourly Rate $35.15 $54.40 $59.42 = B9s~ Labci Rete + Benefits Paid + Benefds ~ ... Benefits $6.30 $7.96 $3.34 Paid Total Paid Hourly Rate $33.53 $48.81 $57.80 Benefits Pa.'ld Burden: Taxes & Insurance FICA 1-0.0620 $2.08 $3.03 $3.58 Medicare 0 0.0145 S0.49 $0.71 $0.84 Federal Unemployment 0.0060 $0.20 $0.29 $0.35 California Unemployment 0.0340 $1.14 $1.66 $1.97 Workers Compensation 0.22 $7.38 $7.38 $7.38 1- Burden Subtotal s 11.28 s 13.06 s 14.11 TOTAL HOURLY RATE (Total Hourly Rate+ Burden) $46.43 $&7.46 $73.53 = Amount Contractor paid tr Cf~<f I I I -@-~--l I 0 (-~ -. . i (t .1 0-! ~!' ;lj -· ., r ... -~ til :a ' <..."f.iJY.. (::::lfJ::;~~ ~~ ''-' t 'VV I II I~ '-"' v Y U\.VI tJI V V I II 1~ Vi!. .... .,. .. .._, ... 216 Avenida Fabrlcante #111 ""'-·---·--San Clemente CA 92672 949-492-8985 _icense: 781499 To: City of Carlsbad 1635 Faraday Carlsbad CA 92008 You are hereby invited to provide information on the following items. Information must be received prior to to be considered. D Potential Change in Project Schedule D May require a Change Order ~t:qut:~L rur nuurrrle:tuuu Date of Request: 04/26/2016 RFI#: 2 Prepared By: Steve Guilfoile Project: 98390 Dove Li brary 1775 Dove Ln Carlsbad CA 92011 Attachments: D D Requires a Change of Plans/Specifications -here is an existing repair at the corner of Zone-4C (ERG's zone map) that needs to have a section of cap sheet torched in it's place o completely cover the bitumen materials for adhesion of the new system. The patch will require the use of approximately 4 SF of he base bid allawance for blistering. nformation Supplied: Page 1 of 1 CITY OF CARLSBAD CONTRACT CHANGE ORDER TRANSMITTAL-C/0 # 1 Project: Dove Library Roof Replacement -Project No. 4030 Date Routed: To: Construction Management & Inspection Department Head Finance Director~ City Manager/Mayer Construction Management & Inspection Reasons for changes: Item 1: Item 2: Item 3: Item 4: City staff requested the contractor to conduct a roofing system adhesion test to confirm conformance with the basis of design in the project specifications, as advised by an independent consultant. The contractor advised that this test would delay his work schedule but that it could be done at no additional cost to the contract. Given the number of independent contractors on site that are not under the direct supervision on the general contractor, city staff directed the roofing contractor to delay the sequencing of his work to optimize access for other tradesmen around the building. The contractor advised that this would delay his work schedule but that it could be done at no additional cost to the contact. During the sequence of the roofing work, the roofing contractor noticed that there was excessive moisture under an expansion joint on the roof, above the entrance to the library. The city's roofing consultant confirmed this observation and recommended its repair. City staff then directed the contractor to make this repair. During the sequence of the roofing work, the roofing contractor noted a 4 linear foot roof seam that was not constructed correctly, above the entrance to the library. The city's roofing consultant confirmed this deficiency. As the roofing contract includes an allowance for 30 linear feet of seam repair as may be found necessary, the contractor advised that there would be no additional cost for this repair work. Project: 4030 Dove Library Roof Replacement Change Order No. 1 COST ACCOUNTING SUMMARY: Original contract amount Total amount this C/0 Total amount of previous C/O's Total C/O's to date New Contract Amount Total C/O's as % of original contract Contingency amount encumbered Contingency increase I decrease Contingency Subtotal Total C/O's to date Contingency balance $326,600.00 $3,657.04 $0.00 $3,657.04 $330,257.04 1.12% $42,000.00 $0.00 $42,000.00 $3,657.04 $38,342.96 ( J ~ >® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 03/08/2016 ~ 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 1 REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~r,cT David Wardlaw Professional Contractors Insurance Agency r.tJgN,_t c-•· 805-925-6949 I r..e~ Nol: 805-347-2727 P. 0. Box 6625 Santa Maria, CA 93456 lt1D~~ss: Procontractorsial@hotmail.com INSURER(SI AFFORDING COVERAGE NAIC# 1NsuRERA: Associated Industries Insurance 23140 INSURED 1NsuRERB: Li bertv Mutual Insurance 23035 Commercial Waterproofing Systems Inc 1NsuRERc: National Union Fire Co of PA 19445 OBA: ERG Roofing & Waterproofing 216 Avenida Fabricante # 111 1NsuRERD: Midwest Employers Casualty Co 23612 San Clemente, CA 92672 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR I ,.,<,D lun,n POLICY NUMBER IMM/DD/YYYYI IMM/DD/YYYYl GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ✓ COMMERCIAL GENERAL LIABILITY ~~~~~~J?E~~~~~encel $ 50,000 ~ □ CLAIMS-MADE [Z] OCCUR A X X AE51031861 tl.0/05/15 10/05/16 MED EXP (Any one person) $ 5,000 ..{_ $5,000 deductible PERSONAL & ADV INJURY $ 1,000,000 ~ GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2,000,000 n POLICY 171 ~b<R,: n LOC $ ) AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 I Ea accident) $ ✓ ANYAUTO BODILY INJURY (Per person) $ ~ ALL OWNED ~ SCHEDULED X X BAW56383946 tl.1/21/15 11/21/16 BODILY INJURY (Per accident) $ B ~ AUTOS ~ AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS I Per accident) $ ~ ~ $ ..{_ UMBRELLA LIAB ~OCCUR EACH OCCURRENCE $ 2,000,000 C EXCESS LIAB CLAIMS-MADE X X BE084784708 tl.2/01/15 10/05/16 AGGREGATE $ 2,000,000 DED I I RETENTION $ $ WORKERS COMPENSATION ✓ I T~JitJ1¥s I jOTH- AND EMPLOYERS' LIABILITY ER Y/N D ANY PROPRIETOR/PARTNER/EXECUTIVE □ X (H/01/16 01/01/17 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A BNUWC0134579 (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) RE: Dove Library Roof Replacement, Contract# 4030 City of Carlsbad its official, employees and volunteers are hereby included as additional insured on the general liability per the enclosed CG2037 07/04 & CG2033 07/04 forms and on the commercial auto per the enclsoed GECA701 01/07 form. This insurance is primary/non-contributory per the enclosed NXGL009 08/09 form. A waiver of subrogation is included on the general liability per the enclosed CG2404 05/09 form and on the workers compensation per the enclsoed WC040306 04/84 form. ** 30 day notice of cancellation except for a 10 day notice for non-payment of premium** CERTIFICATE HOLDER City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 ACORD 25 (2010/05) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ~ All rights reserved. The ACORD name and logo are registered marks of ACORD I / r, () u POLICY NUMBER: AES1031861 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under !he following. COMMERCIAL GENERAL L!ABILIT'r COVERAGE PART SCHEDULE ~----·---·----··-------------~---------Name Of Additional Insured Pcrson(s) Or Organization(s}: i Location And D~.s~~tion Of Com _ .. __ _ All persons or organizations where written contracl with tho Named Insured requires completed Opera- tions coverago. This form doos not apply to your work on ··residential property" Information required !o comple!e _:!111, Schedule. i' not shown above, will__?!:!_~hown in the Duclarat1ons. Section II -Who Is An Insured ,;; ;;mencoo to ,ndudo as an additiundl in&,.fled lritl person(s) or organizalion(s} shown in the Schedul'ii. but o:1ly with resp<,1cl t:i liabihty for "bodily 1'."ljt,ry• u1 "propeny dam• ;ige· i:aused, in whol\l or 11) oar.., by "rour wo'k' a! lhe k)cation designated an,j oescnbed 111 !he sd1ec- ule of this endorsem,wt. perfcirmed '.ur lila'. ad(!ittonal insi.,red and inch.1ded operations hawrd" CG 20 37 C7 04 !SO Prcper;,e~ Irv::. 2'JO.: Page 1 of 1 0 r () u POLICY NUMBER: AES1031861 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsemf:nt modi!if,$ insurance provided under the follow,ng COMMERCIAL GEN!:R.A.l LiARILITY COVERAGE PART A. Section II -Who Ii; An Insured i'> arnenciec l·;;, include as on additional insured any person or or• geniz:a!ion for whom you are p•:rforming operations when you and such person or organiza:ion have agreed in writing in a con\racl or agreement th.it sucti person or organiza!!on be added as an addi- tional insured 011 your po!ic~· Such person m or• gamzation 1s an add1tiona1 ins1red only with re- spect to liabih!y for "bodily ,njury', "proi:;erty damage" or "personal nnd advertising 1•11ury" caused. 1n whole (H' in part, by: 1 Your acts or omissions.; o, 2, The acls or omissions of !hose acting on your beha!I; 1n the performance of yo~ir 011901:11; cµernt:on,; fnr the actd11iorial in$ured, /, ,1erson's or org11n1z;,i1,on',; staius ns ar ;idcJ!t1<;na! insured under tfll5 t:ndorserr:ent enc:; v,ren your operations for tt,;i: additional ir,;wed am corno1et- ed . 8. Witt1 respect to :he :nsurunce afforded lo these aodihonal insur~ds. the fellowing acdi!tonal exclu- sions apply: This insurance does not apply tc 1. ''Bodily inJury''. "property damage• or "personal and advertisi:-ig injury' arising out of the render- mg of. or the failure to render. any professional architectural, engineenng or surveying ser- vices a, The proµ3ring, approving, or failing to pre- pare or approve, maps, shop drawings, oµin,ons reports :s.urveys, field orders, change crders or <Jr;w.111gs and specifica• t:ons; ~,r b, S'.Jperv1sory, inspec:Jon. a·chi'ectura: or e11ghnw.ng ar.tivit,es 2. "80,lly HlJW) • or ·property damage· occurr,ng ;,her a, Ail v,or!'< lnclvd1ng materials. parts or 1=r;uipmt:Pt furnished 10 connection wltn sue!, wort:., on the project (other than ser- v,cv. main:enance or repairs) to t>e per- formec by or on behalf ot the additional in- sured(s) at the location of the covered nperatirns has been completed or b, That portion of "your work" out ol which the injury or damage arises has been put to 1h; ,ntencted use by any person or organization other ti1aP anvther contractor or subcontrac- t:>r engaged in prJrforming operations for a orincipal as a part of the same project. CG 20 33 07 04 tS(> Frc,~e;t;es, In~ . 20(•.~ Page 1 of 1 Q r 0 u POLICY NUMBER: AES1031861 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD-PARTY) Tr1is endoreement rnodifies 1ns,irar.ce proviaed under !he f0Uow1ng: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE .-----·-· ------·· ···----· ·-----· --·-----·· ···-·------·------·---·--·· ·1 All pi,rs,ms er organiz;a,ions where reqvied by written conllact w1l11 the Named Insured 1 Third Pariy: ·---·· ···--··--··~·-·---·-·-----·--·-------•-· -·-·-·· . -----. '-·· ----------· -----·-·--··-•· --(Absence ol a specifically narneecl lrird Party above me,ms that tile provisions ol this endorsement apply as ro<iwroo by written con!ractu<1I c1gr0f,rr-ent witn any Third Party for worn you are oertorming work } Paragraph 4. of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS 1s rep!acea by the following. 4. Other Insurance: Witn respect to the Trn,d Pa!1y shC'wn abo.;e. this nsurance ,s primary and non-contributing Any and all other valid anc col!&table insurance available to s•JC:1 Ttwd Party in respect of work pertormed by you under written contractual ttgreemems with said Th,ro Party lo, loss covered by this policy. shall in no instance be considered ;is primary, co-insuranco, or contributing insurance. Rattier. any such other insurance shall be considered excess over and aoovo the insurance provided by this pohcy. NX GL 009 08 09 !nclu,1as copynghted rnnter,ai of l'1S\.tr?.nce Serv,ces Office. lr-.:; . w,t:--, its permission Page 1 of 1 ! i 0 () u .POLICY NUMBER: AES1031861 COMMERCIAL GENERAL LIABILITY CG 240405 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the fottowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organi?..ations where required by written contract with the Named Insured Information reouired to complete this Schedule, rf not shown above, will be shown in the Declarations The foUowing is add('l<i to Parngrap\1 8. Transfer Of Right, Of Recovery Against Others To Us of Section IV -Conditions: We waive any right ol recovery wa may ha'le against !he person or organization shown in !he Schedule r1bove bec.luse of paymer.rs we make f<)r injury or damage arising ouf of your ongoing operations or "your worn· done under a contract wiih that person or organization and incllldad in th;:: "products- completed operations hazaru". This waiver aµ1.1lie:> only to the pe~on or orgo'lization shown in the Schedule above CG 24 04 OS 09 ,;: ln::,uranr::e Services Olficc J,ie,, 2005 Page 1 or 1 D r 0 u POLICY NUMBER: BAWS6383946 COMMERCIAL AUTO GOLD ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies lnauranct1 provided und9r th4t followfng: BUSINESS AUTO COVERAGE FORM SECTION II -UABIUTY COVERAGE A.COVERAGE 1. WHO IS AN INSURED The folloWing la added: 0 d. Any 019anization, other than a partnership or jolnt venture, over whioh you maintain ownership or a maiorfty Interest on the effective date of this Coverage Form, if there is ~ similar inllll'Bnce avaitable to that~. e. Any organization you newly acquire or form other than a partnership or joint ventute, and over which you mamtatn ONnerShip of a majority intel'est. However, coverage under thia J)IOVlelon does not apply. (1) If there is sJmilar insuranoe or a self~naured retention plan available lo that Of98nlzation; or {2) To "bodily Injury" or ·p,openy damage• that occurred before you acquired or formed the organiZation. f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow your business or your petSOnal affalfl. Insurance provided by this endorHment Is exces. over any other insurance available to any volunteer er employee. g. Any person. organization, tn.tStee, estate or governmental entity with respect to the operatiOn, maintenance or uw of a covered "auto" by an lnaured. if: (1) You are obligated to add that person. organization, trustee, estate or governmental entity as an additional Insured to \his policy by: (a) an exp~ provision of an "insured contract", or written agreement; or (b) an expressed condition of a written permit l:m1ed to you by a governmental or public authority. (2) The "bodily injury" or "property damage" ls caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement: or (b} th& permi has been Issued to you. GICA. 'NII (01181) J11dnu ropyrialltc4 -lfflal oflas11nu1tt Mrvk•• Offices, Jar. wllh lb permi#lon Pqt f of ◄ ~ {) u 2. COVEAAGEEXTENSIONS a. SupplellWJl\ta,Y Payments. Subparagraphs (2) and (4) are amended as fol\oWS: (2) Up to $2500 for cost of ball t>onda (lncludlng boOCla for related trafflo law vio!ationa) requiled becaUffof an "sccidenl"we eover. We do not have to fumith thele bonds. (4) All reasonable expenses il'lcwffJd by the insured" at our requeat, inckKling actual loss of earning up to $500 e day because of ·t1me off from work. SECTION Ill -PHYSICAL DAMAGE COVERAGE A.COVERAGE The following i$ added: 5. Hired Auto Physical Dama~ a. Any "auto" you lease, hire. rent or borrow from someone other than your employees or partners or members of their household is a covered "auto" for each of your physical damage coverages. b. The most we will pay for "lo$$" in any one "accident" is the smallest of: (1) $50,000 (2) The actual cash value of the damaged or stolen property as of the time of the ''loss"; or (3) The cost Of repairing or replacing the damaged or stolen property with other property of like kind and quallly. If you are liable for the •acddent", we wlll also pay up to $500 per "accident" for the actual Ion of use to the owner of the covered "auto". c. Our obligation to pay {Qr, repair, retum or replace damaged or stolen property will be reduced by an amount that is equal to the amount of the largest deductible shown for any owned "auto" for that coverage. However, any Comprehensive Coverage deductible shown in the Oeclarations does not apply to "loss" caused by fire or lightning. d. For this coverage, the insurance provided is pri1'1"181)' for any covered "auto" you hire without a driver and excess over any other collectible Insurance for any covered "auto" that you hire with a driver. 6. Rental Reimbursement Coverage We will pay up to $75 per day for up to 30 days, for rental reimbursement expemes incurred ~ you for the renUII of an "auto" becau$e of "lou" to a covered "auto". Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be subaumtialty leu than $75 per day, and wiU only be allowed for a peHod of time it should take to repair or replace the vehlcle with reasonable speed and similar quality. up to a maximum of 30 days. We will also pay up to $500 for reasonable and neceeJ8t)' expenses incurred by you to remove and replace your materials and equipment from the covered "auto". GECA 701 (OlJ87) IHludc, cop,-.i&httd 11U1lfri1I of l■suranc, StrvkH Ol'lkn, Jae:. with ib pumlulo11 Pac• 2 vf 4 r' r) \., 0 If "loss" results from the total theft of a covered "auto" of the private passenger type, we wll pay under this coverage only that amount of your rental reimbunement expenaa which is not already provided under paragraph 4. Cove,-ge Extension. 7. Leu& Gap Coverage If a long-term leeaecl "auto" Is a ~ "auto" and the 19"01' Is named aa an Additional Insured - Lessor, In the event of e total loaa, we will pey your additional legal obligation to the lessor for any d~ between the actual oastl value of the "auto" at the time of the loss and the "outatanding balance" of the lease. "Outstanding balance" means the amount vou owe on the lease at the time of toss !en any amounts representing taxes: overdue payments; penalties, Interest or charges resulting from overoue payments; additional mileage charges; excess wear and tear charges: and tease terrnmation fees. B. EXCLUSIONS The following is added to Paragraph 3 The exclusion for "IOU" caused by or resulting from mechanleal or electrical breakdown does not apply to the accidental discharge of an airbag. Paragraph 4 is replaced with the following: 4. We wi11 not pay for ,OU" to any of the following: a. T$J)9S, records, disks or other similar audio. vi$llal or data electronic devices deaigned for use with audio, visual or data electronic equipment. b. Equipment deSigned or used for the detection or location of radar. c. Any electronic equipment 1hat rec:eiVes or transmits audio, visual or data signals. Exclusion 4.c doe$ not apply to: {1) Eleotronic equipment that receives or lranJmits audio, visual or data signals. whethor cw not designed solely for the reproduction d aound, if the equipment is pem,anently installed in the covered "auto• at the time of the "loss" and $UCh equipment ia designed to be solely operated by use of the power from the "auto's" electrlcal system. in or upon the covered "auto"; or (2) Any other eie.;tronic equipment that ls: (a) Necessary for the normal operation of the covered ·auto· or the monitoring of the covered •auto's"operating system: or {b) An integral part of the same unit housing any sound rep(Oducing equipment described in (1) above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for installation of a radio. D. DEDUCTIBLE The following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. GECA '191 (01'11'7) Jnd1111a ropytialtk<I -k'rial of fllll1tra11tt !Mnins Offltu, lac. witb Ill pcrmbslon Pap Joi'◄ ~ '~ :) u SECTION IV. BUSINESS AUTO CONDITIONS A. LOSS CONDITIONS Item 2.a. and b. are replac:ed with: 2. Dutlel In The Event of Accident. ClaJm, Suit, or Lou a. You must promptly notify us. Your duty to promplly notify us ls effective When any cl your exeoutive officers, partners, metr'lber$, or legal repnaeentatiVes is aware of the accident. claim, "suit", or toss. Knowledge of an accident, claim, "suit", or toss, by other emptoyee(a) does not imply you also have such knowledge. b. To the extent posalble, notir.e to us should include: (1) How, when and where the accident 01 loss took plaee; (2) The names and addreAes of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out cl the accident or loss. The following l$ added to 6. We waive any right of recovery we may have against any additional insured under Coverage A. 1. Who Is An tnsunid g., but only as reapec:ts lou ariaing out of the operation,~ or UH of a covered "auto" pun.uant to the provisions cl the "'insured contract"', written agreement.« J)elTl'lit. B. GENERALCONDfTIONS 9. is added 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Your unintentional faih.lre to disclose any hazards existing at the effective date of your policy will not prejudice the coverage afforded. However, we have the right to collect additional premium for any such haiard. COMMON POLICY CONDITIONS 2.b. is replaced by the following: b. 60 days before the effective date or cancellation if we cancel for any other reason. GECA 711 (0li07} lndMdn COJltTicltlf4 matm.al or 1-,..nc:~ Scmces Ollic,1, lac. •l11t lt1 pcrmillloa '•"•r" ,., {) '-' POLICY NUMBER: BNUWC0134579 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC0403 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agn.>cmenl applies only to the extent that you perfonn work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for his endorsement shall be otherwise due on such remuneration. State Description 2.0000 %of the California workers' compensation premium Schedule CA Any party with whom the insured agrees to waive subrogation in a written contract. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of this policy.) Endorsement Effective Date: 01/01/2016 Policy No. BNUWC0l34579 Endorsement No. Insured Name: Commercial Waterproofing Systems Inc. DBA: ERC Roofing & Waterproofing Insurance Company: Midwest Employers Casualty Company Countersigned by ____________ _ CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENT~ GENERAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR Dove Library Roof Replacement CONTRACT NO. 4030 BID NO. PWS16-62FAC TABLE OF CONTENTS Item Page Notice Inviting Bids.................................................................................................................. 6 Contractor's Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 0 Bid Security Form . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . .. . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Bidder's Bond to Accompany Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Guide for Completing the "Designation of Subcontractors" Form . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . ... . 18 Designation of Subcontractor and Amount of Subcontractor's Bid Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Bidder's Statement of Technical Ability and Experience........................................................... 21 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation....................................................................................... 22 Bidder's Statement Re Debarment........................................................................................... 23 Bidder's Disclosure of Discipline Record .... , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid .. .. .. .. .. .. .. .. .... .. .. .. . 26 Contract Public Works . . . . . . . .. .. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. . .. .. . . . .. . 27 Labor and Materials Bond........................................................................................................ 33. Faithful Performance/Warranty Bond....................................................................................... 35 Optional Escrow Agreement for Surety Deposits in Lieu of Retention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 ("\ •+" Revised 3/6115 Contract Number: 4030 Page 2 of 111 Pages Section 1 1-1 1-2 1-3 1-4 Section 2 2-1 2-2 2-3 2-4 2-5 2-6 2-7 2-8 2-9 Section 3 3-1 3-2 3-3 3-4 3-5 Section 4 4-1 4-2 Section 5 5-1 5-2 5-3 5-4 5-5 5-6 Section 6 6-1 6-2 6-3 6-4 6-5 6-6 6-7 6-8 6-9 6-10 GENERAL PROVISIONS Terms, Definitions Abbreviations and Symbols Terms.............................................................................................................. 40 Definitions.................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Abbreviations............................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Units of Measure.......................................... . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . 48 Scope and Control of The Work Award and Execution of Contract................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Assignment...................................................................................................... 49 Subcontracts................................................ . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Contract Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Plans and-Specifications.............................. .................................................... 51 Work to be Done.......................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Right-of-Way................................................ ....... ....... .................. ............ ........ 54 Authority of Board and Engineer.................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Changes in Work Changes Requested by the Contractor........ .................................................... 55 Changes Initiated by the Agency................. .................................................... 55 Extra Work................................................... ............................... ................. .... 56 Changed Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Disputed Work............................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Control of Materials Materials and Workmanship......................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Materials Transportation, Handling and Storage............................................... 67 Utilities Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Removal.......................................................................................................... 69 Relocation.................................................... . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Delays............................................................................................................. 70 Cooperation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Prosecution, Progress and Acceptance of the Work Construction Schedule and Commencement of Work....................................... 71 Prosecution of Work.................................... . ....................... ......... ......... .......... 71 Suspension of Work..................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Default by Contractor................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Termination of Contract............................... .................................................... 73 Delays and Extensions of Time.................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Time of Completion.......................................................................................... 74 Completion, Acceptance, and Warranty....... . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Liquidated Damages.................................... . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . .. . . .. . . . . . . . . 75 Use of Improvement During Construction . . . . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 l' •+' Revised 3/6/15 Contract Number: 4030 Page 3 of 111 Pages Section 7 7-1 7-2 7-3 7-4 7-5 7-6 7-7 7-8 7-9 7-10 7-11 7-12 7-13 7-14 Section 8 8-1 8-2 8-3 8-4 Responsibilities of the Contractor Contractor's Equipment and Facilities.......... . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 77 Labor ........................................................... ·················································"'· 77 Liability Insurance........................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Workers' Compensation Insurance.............. . . . . . . ... . . . . . . . . . . . . . . . . . . . . .. . .. .. . . . . . . . . . . . . . . . . 77 Permits............................................................................................................ 78 The Contractor's Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Cooperation and Collateral Work................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Project Site Maintenance............................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Protection and Restoration of Existing Improvements....................................... 80 Public Convenience and Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Patent Fees or Royalties.............................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Advertising................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Laws to be Observed................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Antitrust Claims............................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Measurement and Payment Measurement of Quantities for Unit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Lump Sum Work.......................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Payment.......................................................................................................... 84 Bid Items...................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 ~~ • .., Revised 3/6115 Contract Number: 4030 Page 4 of 111 Pages CITY OF CARLSBAD TECHNICAL SPECIFICATIONS DIVISION 01 -GENERAL REQUIREMENTS 01010 Summary of Work ............................................................................................. 88 DIVISION 02-SITE WORK 02070 Selective Demolition ........................................................................................... 90 DIVISION 07-THERMAL AND MOISTURE PROTECTION 07511 Fluid Applied Roofing System .............................................................................. 94 07600 Flashing and Sheet Metal .................................................................................. 108 Exhibit A-Dove Library Roof Plans l' •+' Revised 3/6/15 Contract Number: 4030 Page 5 of 111 Pages CITY OF CARLSBAD CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM, ON FEBRUARY 8, 2016, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: roof replacement project at Dove Library. Dove library Roof Replacement Contract No. 4030 Bid No. PWS16-62FAC INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (1 0) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 1 0263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Con- tract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as ap- proved by the City Council of the City of Carlsbad on file with the Building Department. The specifica- tions for the work include City of Carlsbad Technical Specifications and the General Provisions (in- cluded herein) for the Dove Library Roof Replacement Project, contract No. 4030. Specification Ref- erence is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly exe- cuted including notarization, where indicated. 1. Contractor's (also referred to herein as Bidder or Bidder's) Bid Price 2. Bidder's Bond {'\ •f' Revised 3/6/15 Contract Number: 4030 Page 6 of 111 Pages 3. Noncollusion Declaration 4. Designation of Subcontractor and Amount of each Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum( a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits-(optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are ap- proximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $300,000. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a con- tractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid (does not) involve federal funds. The following classifications are acceptable for this contract: C39 -Roofing Contractor. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cash- ier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008- 7314. for a non-refundable fee of $20.00. If plans and specifications are to be mailed, the cost for postage should be added. Bid packages are also available at www.carlsbadca.gov. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, spec- ifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpreta- tion of any provision in the contract documents will be given by any agent, employee or con- tractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on direc- tions given by any agent, employee or contractor ofthe City of Carlsbad except as hereinbefore specified. {"\ •+' Revised 3/6/15 Contract Number: 4030 Page 7 of 111 Pages REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for ensuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcon- tracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A 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 coR- tract for public work, unless currently registered and qualified to perform public work pursuant to Sec- tion 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. MANDATORY PRE-BID MEETING A mandatory pre-bid meeting and tour of the project site will be held on Thursday, January 28, 2016 at 1:00 p.m. at the Dove Library, Gowland Meeting Room, 1775 Dove Lane, Carlsbad, CA 92011. A tour of the Dove Library roof will follow. Bids from any bidder who did not attend and sign in at the pre-bid meeting will be considered non-responsive and therefore not eligible for award of this contract. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in the bid proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (1 00%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (1 00%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this l'\ •+' Revised 3/6/15 Contract Number: 4030 Page 8 of 111 Pages The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the caoacitv of a contractor within the State of C;:Jiiforni;:J, validly licensed under license number 781499 , classification Roofing which expires on __ 07/31/2016 __ ,and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally inter- ested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no repre- sentation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Bond Accompanying this bid is _____________ (Cash, Certified Check, Bond or Cash- ier's Check) for ten percent (1 0%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before com- mencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. l' • .., Revised 3/6/15 Contract Number: 4030 Page 11 of 111 Pages List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: l' •+' Revised 3/6/15 Contract Number: 4030 Page 14 of 111 Pages :heck A License -License Detail -Contractors State License Board Page 1 of vontractor's License Detail for License # 781499 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.17 , only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. IThi: license is current and active. All information below should be reviewed. C39 -ROOFING Business Information COMMERCIAL WATERPROOFING SYSTEMS INC DBA ERC ROOFING AND WATERPROOFING 216 AVE FABRICANTE # 111 A SAN CLEMENTE, CA 92672 Business Phone Number:(949) 492-8985 Entity Corporation Issue Date 07/12/2000 Expire Date 07/31/2016 License Status Classifications A-GENERAL ENGINEERING CONTRACTOR Bonding Information Contractor's Bond ~his .. iicense filecl"acoilil-actor'sso·r;av:;iiilsuREii'EcTr\ii5E-MNirv·coiViF'A.Nv. IBond Number: 5162644 jBond Amount: $15,000 jEffective Date: 01/01/2016 J9.~~!t:§~~()E~s..§_()nd__fjJ.~.~~2'.. ·-~~~······················--············································-····-··············· ................................................. ~··~-······-.. ······~~····-······~-~··········-············· Bond of Qualifying Individual The Responsible Managing Officer (RMO) CLARK GARRETT ROBERT certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 07/12/2000 This license filed Bond of Qualifying Individual number T1582L 10 for SPINK ERIC JOHN in the amount of $12,500 with CASH DEPOSIT FROM A BANK. Effective Date: 08/10/2007 Workers' Compensation IThis -liCense has workers compensatio·~ insurance-;ith the MIDWEST EMPLOYERS CASUALTY COMPA,.NY -~--··-- ·...,.,licy Number:BNUWC0134579 fective Date: 01/01/2016 !Expire Date: 01/01/2017 !workers'.~gmpen~.~~o.._n History ........ ~~~··--··-.. -----·--~·----------~-·~--·····- ttps://www2.cslb.ca.gov/OnlineServices/CheckLicenseii/LicenseDetail.aspx?LicNum=781499 2/8/201 BID SECURITY FORM (Check to Accompany Bid) Dove Library Roof Replacement CONTRACT NO. 4030 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this bid is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, inthesumof __________________________________________________ _ _______________________ dollars($ , this amount being ten percent (1 0%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise re- quired by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) {'l •+" Revised 3/6/15 Contract Number: 4030 Page 15 of 111 Pages PRESENT PERFORANCE 4: Project: Location: Project Number: Period of Performance: Contract Value: Contact: Project Description: Lincoln Military Housing, LLC Corporate Office-San Diego, CA Multiple (65) Projects May 2003 to Present $10M+ Mitch Hillerman 3360 Murray Ridge Road San Diego, CA 92123-2264 MiLINCOLN LITARY HOUSING Every Miss ion Begins at Home® Mobile: Office: Email: 858.583.8458 858.874.8100 mhillerman@lpsi.com Over past 12 years ERC has performed contracting work at multiple locations throughout California basis and Nevada from North Island Coronado to Port Hueneme as well as Fallon Nevada. From new roofs, re-roofs, PV Solar, Over 1200 Emergency Roof Repair Services, Decking, Waterproofing, and Roof Maintenance to over lOk + units for Lincoln Military Housing. The various roofs installed include, Low slope, Steep Slope, PVC, Modified SBS, APP, Title 24 fluid applied, asphalt shingles, and tile. Each and every projects presented their own challenges working with the military families, from their significant others on tour or working construction around special needs children. "ERC's goals are our clients. GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder'', "Contract", "Contractor'', "Contract Price", "Contract Unit Price", "Engineer'', "Own Or- ganization", "Subcontractor'', and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bid- der's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percent- age of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($1 0,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors form must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and correct information may result in rejection of the bid as non-responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the· Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The ex- planation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777.7. l' •+' Revised 3/6/15 Contract Number: 4030 Page 18 of 111 Pages Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. l' •+' Revised 3/6/15 Contract Number: 4030 Page 19 of 111 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Bid) Dove Library Roof Replacement CONTRACT NO. 4030 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($1 0,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Amount of Subcontractor's Work by Sub- Subcontractor Name and License No. and contractor in Portion of Work Location of Business Classification* Dollars* \ ! '" Nil-\ ' Page_. _I _ of_(_ pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." l' • .., Revised 3/6/15 Contract Number: 4030 Page 20 of 111 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Bid) Dove Library Roof Replacement CONTRACT NO. 4030 The Bidder is required to state what work of a similar character to that included in the proposed Con- tract he/she has successfully performed and give references, with telephone numbers, which will en- able the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Name and Address Name and Phone No. Type of Work Amount of Completed of the Employer of Person to Contact Contract ~ \"7\l 'L-ol5 /).w.\:J( VI ~~{ th ~V' C,~.tt~v"'-<_\_~ ~ ~\ t} P..pP.\t.d-\\v.C6~· \ 1 ~aDV1NI'\-lt:\~2\)'?1;-OJ..~~ Jl1.2rLM.to~-\- fA.t·.e,o \f\.t-J o U:>.. 4\,~\\~ ~IIA'?<'o..( r~~~ ~~ ~V'~~l~ ../ ' \~ \ ~i)f') Vw\v 1>-W.~ \J) \ ~qQY'IJ..t,...~ ~·lA~) '51~-D u_-,~ l~!?.?r.tM .Ca..-~ ~ ~~'() VttJ 0 eA. lA ?ol-z-z::>lS t ()2.o L\ Le-fteo\ D'if~~ ~\ tl:~J.~~-i~ 4-l , t7 niJ ,z. ~I(\ ~\Q,I/\M.\1\ \e., I u (II(<\~) IJ'"t~-\o!.\S(p ~:iJtM.~ \ \ BIDDER'S CERTIFICATE OF INSURANCE FOR {'\ filii~ Revised 3/6/15 Contract Number: 4030 Page 21 of 111 Pages ,_ f- GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Bid) Dove Library Roof Replacement CONTRACT NO. 4030 As a required part of the Bidder's Bid submission, the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: ~ Comprehensive General Liability ~ Automobile Liability ~ Workers Compensation ~ Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. ('\ 4111~ Revised 3/6/15 Contract Number: 4030 Page 22 of 111 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Bid) Dove Library Roof Replacement CONTRACT NO. 4030 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 1 0 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? X yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their con- tractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work E'"1~r been stayed? X yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page _1_ of _1_ pages of this Disclosure of Discipline form l' •+' Revised 3/6/15 Contract Number: 4030 Page 24 of 111 Pages not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual na- ture, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time re- quired for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to Cali- fornia Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connec- tion with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. l'\ •ff Revised 3/6/15 Contract Number: 4030 Page 28 of 111 Pages Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Con- tractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy# 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $2,000,000 combined single limit per occur- rence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $2,000,000 combined single limit per acci- dent for bodily injury and property damage. In addition, the auto policy must cover any ve- hicle used in the performance of the contract, used onsite or offsite, whether owned, non- owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation In- surance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as respects: liability arising out of activities performed by or on behalf of the Contractor; prod- ucts and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorse- ments must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each in- sured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. ('\ • .., Revised 3/6/15 Contract Number: 4030 Page 29 of 111 Pages (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be en- dorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (1 0) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for sub- contractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorse- ments for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be in- cluded in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in ac- cordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is in- cluded in Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 201 04.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Gov- ernment Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in antici- pation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits l'\ •+' Revised 3/6/15 Contract Number: 4030 Page 30 of 111 Pages a false claim to a public entity. These provisions include false claims made with deliberate igno- rance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac- tor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. (in it) ~ (in it) 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation estab- lished by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and in- cluded herein, and if, through mistake or otherwise, any such provision is not inserted, or is not cor- rectly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. l' •+' Revised 3/6/15 Contract Number: 4030 Page 31 of 111 Pages 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "Gen- eral Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER ::Y Attornf-L£/L~ Deputy City Attorney = l'\ •+' Revised 3/6/15 Contract Number: 4030 Page 32 of 111 Pages BOND# 62699989 LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2016-035 , adopted FEBRUARY 23RD, 2016 , has awarded to COMMERCIAL WATERPROOFING SYSTEMS, INC. DBA ERC ROOFING AND WATERPROOFING (hereinafter designated as the "Principal"), a Contract for: Dove Library Roof Replacement CONTRACT NO. 4030 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the perfor- mance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, COMMERCIAL WATERPROOFING SYSTEMS, INC. DBA ERC ROOFING AND WATERPROOFING, as Principal, (hereinafter designated as the "Contractor"), and WESTERN SURETY COMPANY ---------------as Surety, are held firmly bound unto the City of Carlsbad in the sum of THREE HUNDRED TWENTY SIX THOUSAND SIX HUNDRED AND N0/100THS -----------------------Dollars ($***326,600.00*** ), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment In- surance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unem- ployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. l' • ., Revised 3/6/15 Contract Number: 4030 Page 33 of 111 Pages BOND# 62699989 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2016-035 , adopted FEBRUARY 23, 2016 , has awarded to COMMERCIAL WATERPROOFING SYSTEMS, INC. DBA ERC ROOFING AND WATERPROOFING , (hereinafter designated as the "Principal"), a Contract for: Dove Library Roof Replacement CONTRACT NO. 4030 in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, COMMERCIAL WATERPROOFING SYSTEMS, INC. DBAERCROOFINGANDWATERPROOFING, as Principal, (hereinafter designated as the "Contractor"), and WESTERN SURETY COMPANY ------::,.,...,-::-=...,....,..,....,...,.,..=~-:-=::-::::' as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of THREE HUNDRED TWENTY SIX THOUSAND SIX HUNDRED AND N0/100THS -----------------------Dollars ($ ***326,60o.oo••• ), said sum being equal to one hundred percent (1 00%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alter- ation thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, in- curred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. l' • ., Revised 3/6/15 Contract Number: 4030 Page 35 of 111 Pages OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is ------------------------------------------------------------------------------------------------------------------h,ereinafter called "Contractor" and --------------------------------------------whose address is -------..-------------------------------------------------------hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings re-· quired to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for Dove Library Roof Replacement CONTRACT NO. 4030 in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow l' •+' Revised 3/6/15 Contract Number: 4030 Page 37 of 111 Pages Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: Title FINANCE DIRECTOR Name __________________________________ __ Signature----------------,,....-------------- Address 1635 Faraday Avenue, Carlsbad, CA 92008 For Contractor: Title------------------------- Name __________________________ __ Signature ------------------------------ Address _____________________________ __ For Escrow Agent: Title--------------------- Name _______________________________ __ Signature-------------------------- Address ----------------------------- At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. l'\ •+' Revised 3/6/15 Contract Number: 4030 Page 38 of 111 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title MAYOR Name ________________________________ ___ Signature ------------------------------- Address 1200 Carlsbad Village Drive. Carlsbad. CA 92008 For Contractor: Title Name ________________________________ ___ Signature------------------------------ Address _____________________________ ___ For Escrow Agent: Title Name ________________________________ __ Signature ------------------------------- Address _____________________________ ___ l' •+' Revised 3/6/15 Contract Number: 4030 Page 39 of 111 Pages CITY OF CARLSBAD DOVE LIBRARY ROOF REPLACEMENT PROJECT CONTRACT NO. 4030 Bid No. PWS16-62FAC Addendum No.2 From: Steven Stewart, Municipal Projects Manager Phone: (760) 434-2992 No. of Pages: 2 (2 pages of text) Date: February 3, 2016 Bid Opening Date: February 8, 2016-2:00pm (unchanged) CITY OF CARLSBAD TECHNICAL SPECIFICATIONS DIVISION 07 -THERMAL AND MOISTURE PROTECTION Section 07511 Fluid Applied Roofing System -add the following wording to paragraph 1.03B3, as indicated below: PART 1 -GENERAL 1.03 QUALITY CONTROL B. Roofing material manufacturer shall: 3. Be approved by City. If bidder's product choice is fully compliant with the basis-of-design described in these contract specifications but is a non-Tremco roofing system, bidder shall include in his bid the following scope of work to be provided by the product manufacturer for an Annual Roof Maintenance Program during the first six (6) years of the product 20 year warranty period: Each year provide one (1) full roof inspection with preventative maintenance and general roof housekeeping, and one (1) general roof housekeeping only inspection. Roof Inspections shall include: • Visual inspection of the roof membrane and roof surface conditions. • Visual inspection of the flashing systems including, but not limited to, the metal edge system, base flashings on equipment and adjoining City of Carlsbad, Dove Library Roof Replacement Project, Addendum No. 2, Page 1 of 2 walls, counterflashing and termination details, soil stacks and vents, and visual inspection of roofing details for rooftop projections and equipment such as pitch pans, HVAC equipment, skylights and access hatches. Preventive Maintenance shall include: • Flashing components and details -Patch minor flashing defects and kick holes, reinforce open flashing laps, seal open metal edge laps and open flanges within reason, seal open coping joints, seal expansion joint laps, re-secure and/or seal intermittent fasteners that have backed out, top off pitch pans, caulk storm collars and reseal intermittent voids in termination bar and counterflashing. Owner will be advised of any extensive repairs required. • Roof membrane-Repair intermittent splits, tears, open laps and breaks in the membrane. If extensive repairs are required, Owner will be advised. Patch any fractured blisters or those in danger of fracture due to traffic. If extensive repairs are required, owner will be advised. • Drains, Gutters and Scuppers -Tighten drain bolts and clamping rings (if possible). Owner will be advised of missing drain strainers. Repair strip-in around drains and scuppers, re-secure gutters and seal open gutter joints. General Rooftop Housekeeping shall include: • Removal of debris (i.e., leaves, branches, paper and similar items) from the roof membrane and drainage areas. • Disposal of debris will be at the Owner's approved on-site location. City of Carlsbad, Dove Library Roof Replacement Project, Addendum No. 2, Page 2 of 2 CITY OF CARLSBAD DOVE LIBRARY ROOF REPLACEMENT PROJECT CONTRACT NO. 4030 Bid No. PWS16-62FAC Addendum No.1 From: Steven Stewart, Municipal Projects Manager Phone: (760) 434-2992 No. of Pages: 6 (4 pages of text and 2 drawing pages) Date: February 1, 2016 Bid Opening Date: February 8, 2016 -2:00 pm (unchanged) CONTRACT DOCUMENTS, GENERAL PROVISIONS AND CITY OF CARLSBAD TECHNICAL SPECIFICATIONS General Note: Change all references to "Dove Library Roof Replacement" to read: "Dove Library Roof Repair" As stated during job walk: 1. All water used on site shall be recaptured to prevent runoff into site storm drainage system. 2. Exact measurement of roof area is based on contractor's field measurements and is to be inclusive of all flat roof areas on the site, as indicated on the attached plan. 3. This project is subject to Prevailing Wages as established by the California Labor Code. 4. The time constraint for this project is limited to 49 calendar days. Project staffing shall be determined by the contractor for completing the specified scope of work within these 49 calendar days. It is not mandatory that work take place on weekends, but this option is available to the contractor. 5 Delete references to work associated with building curbs for the three HVAC units. This curb work will be done by others. 6. Include in bid pricing, a stated value per square foot for the repair of 30 square feet of blistered substrate, as deemed necessary for repair by the City's representative. 7. Install slip resistant surface in designated walkway areas totaling 200 square feet, consisting of 20-40 mesh silica sand broadcast at 10-15 lbs. I square and back rolled City of Carlsbad, Dove Library Roof Replacement Project, Addendum No. 1, Page 1 of 6 into additional layer of Alphaguard top coat at 1.5 gallons per square over new fluid applied roof system. 8. Perimeter flashing detail. Two piece counterflashing may be removed and re-used. At coping metal, expansion joints and clear story 1 piece counterflashing, install 24-gage Kynar tucker flashing, color to be approved by City. Properly secure with appropriate fasteners 8" on center with neoprene washer. Counterflashing shall extend over top of new tucker base flashing 2" minimum and be profiled with kick and 318" hem per manufacturer warranty detail requirements. See attached detail. 9. Replace all support wood blocking with new redwood sleepers set on 112" asphalt protection pads. 10. Cut I seal edge of existing cap sheet roofing on penthouse roofs edge with geoguard seam sealer per manufacturer warranty detail requirements before installation of specified fluid applied roof system. CITY OF CARLSBAD TECHNICAL SPECIFICATIONS DIVISION 01 -GENERAL REQUIREMENTS Section 01010 Summary of Work-delete I substitute the following wording as indicated below: PART 1-GENERAL A. Provide all labor, materials, transportation, equipment, appliances, and services necessary for, and incidental to, the execution and completion of all work indicated in the Contract Documents for the removal and replacement of the roof repair of the roofing system in the project entitled: Dove Library Roof Replacement Repair 1775 Dove Lane, Carlsbad, CA 92011 DIVISION 02-SITE WORK Section 02070 Selective Demolition -delete I substitute the following wording as indicated below: PART 1 -GENERAL 1.02 DESCRIPTION OF WORK B. Properly remove and dispose of existing roofing / insulation and flashings to substrate. Prepare the substrate and install the roofing system that has been approved by the City. 1.03 SUBMITTALS A. Provide detailed sequence of demolition and removal work to ensure uninterrupted progress of the City's on-site operations, with the exception of limited disruption of on-site operations during the period specified by the City. City of Carlsbad, Dove Library Roof Replacement Project, Addendum No. 1, Page 2 of 6 PART 3-EXECUTION 3.01 GENERAL C. No more roofing shall be removed daily than san be adequately oovered in tho event of inolement weather oonditions. DIVISION 07-THERMAL AND MOISTURE PROTECTION Section Q.7WQ 07511 Fluid Applied Roofing System-delete I substitute the following wording as indicated below: PART 2-PRODUCTS 2.02 ACCEPTABLE MANUFACTURER-Basis of Design A. The system basis of design is a Tremco Alphaguard MT system, which is a one part moisture triggered polyurethane roof coating system including a primer, a base coat, a polyester reinforcing membrane and a top coat. This system exceeds the requirements of ASTM D 7311. System Minimum performance requirements: Property Alphaguard Typical Value Test Method Dynamic Puncture Resistance 830 pounds (35 J) ASTM D 7311 Static Puncture Resistance 75 lbs (34 kg) ASTM D 7311 Tensile Strength 1.435 lblin2 (9.89 MPa) ASTM D 7311 Tensile Strength 1,435 lb/in2 (9.89 MPa) ASTM D 7311 Elongation at break 351% ASTM D 7311 Indentation Hardness 85.4 durometer units ASTM D 7311 Tear Resistance 159.83 lb-f I in (30 Knlm) ASTM D 7311 Water Vapor Transmission 0.02 perm-in (5.16 glm2/day) ASTM D 7311 Flexibility Mandrel bend pass I no cracking or flaking ASTM D 7311 Volume Solids 87-89% ASTM D 2697 Weight Solids 88-90% ASTM D 1644 Volatile Organic Content < 40 g/1 ASTM D 3960 Solar Reflectance 86% ASTM C 1549 Thermal Emittance 88% ASTM C 1371 SRI (Solar Reflective Index) 108 ASTM E 1980 City of Carlsbad, Dove Library Roof Replacement Project, Addendum No. 1, Page 3 of 6 2.05 SYSTEM PERFORMANCE REQUIREMENTS: A. TOTAL ROOf MEMBRANE TEST: 1. Roof System Periormance: Per ASTM 2523 Standard Practice for Testing Load Strain Properties of Roofing Membranes: Tensile Strength MD 409 lbf /in ASTM 2523 Tensile Strength XMD398 lbf l in ASTM 2523 City of Carlsbad, Dove Library Roof Replacement Project, Addendum No. 1, Page 4 of 6 GENERAL PROVISIONS FOR THE DOVE LIBRARY ROOF REPLACEMENT CONTRACT NO. 4030 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 --TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS -Unless otherwise stated, the words directed, required, permitted, ordered, in- structed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "sched- uled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated 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 (or Municipal Projects Manager)," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer (or Municipal Projects Manager)", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its ex- pense, 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 furnish- ing of necessary labor, materials, tools, equipment, and transportation . . , '-+' Revised 11/24/10 Contract No. 4030 Page 40 of 111 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum -Written or graphic instrument issued prior to the opening of Bids which clarifies, cor- rects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency -The City of Carlsbad, California. Agreement-See Contract. Assessment Act Contract-A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base-A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid -The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder-Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board-The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond-Bid, performance, and payment bond or other instrument of security. City Council -the City Counciil 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. Code-The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager-typic:ally, the Project Inspector's immediate supervisor and second level of appeal for informal dispute resolution; however on this project, appeals shall be made to the Municipal Projects Manager. 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 t' •+' Revised 11/24/1 0 Contract No. 4030 Page 41 of 111 agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Contractor -The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to 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 calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection -Typically, the Construction Manager's immediate supervisor and third level of appeal for informal dispute resolution; however on this project, appeals shall be made to the Municipal Projects Manager. Dispute Board -Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or· the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier-Street light assembly complete, including foundation, standard, luminaire arm, lumi- naire, etc. Engineer-The City Engineer of the City of Carlsbad or his/her approved representative (e.g., the Municipal Projects Manager). The Engineer is the third level of appeal for informal dispute resolu- tion. Geotextile -Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer-A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire-The lamp housing including the optical and socket assemblies (and ballast if so spec- ified). Luminaire Arm-The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item-A single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification-Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. ~, '-+' Revised 11/24/10 Contract No. 4030 Page 42 of 111 Municipal Projects Manager ·-The City's Representative, project manager 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 requined 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 us1ed 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 Fed- eral income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person -Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans -The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract-Work subject to Agency inspection, control, and approval, involving private funds, not administered by ~he Agency. Project Inspector-The Engineer's (and/or Municipal Projects Manager's) designated representa- tive for inspection, contract administration and first level for informal dispute resolution. Proposal -See Bid. Reference Specifications -Tlhose 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 pub- lished 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. {'\ •+' Revised 11/24/10 Contract No. 4030 Page 43 of 111 Standard Specifications -The Standard Specifications for Public Works Construction (SSPWC), the "Green book". 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 which pavement, surfacing, base, sub- base, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision -Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, 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 par- ties. 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 in- curred. Tonne-Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility -Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private ease- ment. Work -That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. ~, '-+' Revised 11/24/10 Contract No. 4030 Page 44 of 111 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 UJsed on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construc- tion, Inc. 1-3.2 Common Usage Abbreviation Word or Words ABAN ............................................................. Abandon CONC ............................................................ Concrete ABAND ...................................................... Abandoned CONN ........................................................ Connection ABS ........................ Acrylonitrile-butadiene-styrene CONST ................................... Construct, Construction AC ..................................................... Asphalt Concrete COORD ...................................................... Coordinate ACP .......................................... Asbestos cement pipe CSP ........................................... Corrugated steel pipe ACWS ..................... Asphalt concrete wearing surface CSD ............................... Carlsbad Standard Drawings AL T ................................................................ Alternate CTB ............................................. Cement treated base APTS ................................ Apartment and Apartments CV ............................................................. Check valve AMER STD ................................... American Standard CY ............................................................... Cubic yard AWG ............... American Wire Gage (nonferrous wire) D .............................................................. Load of pipe BC .................................................. Beginning of curve dB .................................................................. Decibels BCR ....................................... Beginning of curb return DBL. .................................................................. Double BDRY ............................................................ Boundary OF ............................................................... Douglas fir BF ..................................................... Bottom of footing DIA ................................................................. Diameter BLDG ........................................ Building and Buildings DIP ..................................................... Ductile iron pipe BM ............................................................ Bench mark DL ................................................................ Dead load BVC ................................... Beginning of vertical curve DR. ..................................................... Dimension Ratio BNV ........................................................... Back of wall DT ................................................................. Drain Tile C/C ..................................................... Center to center DWG ............................................................... Drawing CAB ...................................... Crushed aggregate base DWY .............................................. : .............. Driveway CAUOSHA ............ California Occupational Safety and DWY APPR ................................... Driveway approach Health Administration E ...................................................................... Electric CaiTrans ....... California Department of Transportation EA ........................................................................ Each CAP ................................... Corrugated aluminum pipe EC ............................................................ End of curve CB ............................................................. Catch Basin ECR ................................................ End of curb return Cb ........................................................................ Curb EF ................................................................ Each face CBP ............................... Catch Basin Connection Pipe EG .......................................................... Edge of gutter CBR ....................................... California Bearing Ratio EGL. ................................................. Energy grade line CCR ............................. California Code of Regulations El .................................................................. Elevation CCTV ............................................... Closed Circuit TV ELC ..................................... ElectroHer lighting conduit CES ......................... Carlsbad Engineering Standards EL T ........................................................ Extra long ton CF ................................................................. Curb face ENGR ....................................... Engineer, Engineering CF ................................................................ Cubic foot EP ................................................... Edge of pavement C&G .................................................... Curb and gutter ESMT ........................................................... Easement CFR ................................ Code of Federal Regulations ETB .......................................... Emulsion-treated base CFS .......................................... Cubic Feet per Second EVC .............................................. End of vertical curb CIP ......................................................... Cast iron pipe EWA. .............................. Encina Wastewater Authority CIPP ............................................... Cast-in place pipe EXC ............................................................ Excavation CL ............................................. Clearance, center line EXP JT.. ............................................... Expansion joint CLF ..................................................... Chain link fence EXST ............................................................... Existing CMB ............................... Crushed miscellaneous base F .................................................................. Fahrenheit CMC ......................................... Cement mortar-coated F&C ................................................... Frame and cover CML ............................................ Cement mortar-lined F&l .................................................. Furnish and install CMWD .................... Carlsbad Municipal Water District FAB ............................................................... Fabricate CO ................................................... Clean out (Sewer) FAS ............................................... Flashing arrow sign COL ................................................................. Column FD ............................................................... Floor drain COMM ...................................................... Commercial FDN ........................................................... Foundation ., '-+' Revised 11/24/10 Contract No. 4030 Page 45 of 111 FED SPEC .................................. Federal Specification FG ........................................................ Finished grade FH ............................................................. Fire hydrant FL. .................................................................. Flow line FS ...................................................... Finished surface FT-LB ......................................................... Foot-pound FTG .................................................................. Footing FW ............................................................ Face of wall G ........................................................................... Gas GA ..................................................................... Gauge GAL. ............................................... Gallon and Gallons GALV ......................................................... Galvanized GAR ........................................... Garage and Garages GIP .............................................. Galvanized iron pipe GL ......................................... Ground line or grade line GM .............................................................. Gas meter GNV ............................................... Ground Not Visible GP .................................................................. Guy pole GPM ................................................ gallons per minute GR ..................................................................... Grade GRTG .............................................................. Grating GSP ........................................... Galvanized steel pipe H ............................................................ High or height HB .................................................................. Hose bib HC ................................................... House connection HOWL ........................................................... Headwall HGL ............................................. Hydraulic grade line HORIZ .......................................................... Horizontal HP ............................................................. Horsepower HPG ................................................ High pressure gas HPS ............................... High pressure sodium (Light) HYDR ............................................................ Hydraulic IE ........................................................ Invert Elevation 10 ......................................................... Inside diameter INCL. .............................................................. Including INSP ............................................................ Inspection INV ...................................................................... Invert IP ................................................................... Iron pipe JC .................................................... Junction chamber JCT ................................................................. Junction JS ..................................................... Junction structure JT .......................................................................... Joint L. ....................................................................... Length LAB ............................................................. Laboratory LA T ................................................................... 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 District MAl NT ...................................................... 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 District NRCP .............................. Nonreinforced concrete pipe OBS ............................................................... Obsolete OC ............................................................... On center OD .................................................... Outside diameter OE .............................................................. Outer edge OHE ................................................. Overhead Electric OMWD .................. Olivenhain Municipal Water District OPP ............................................................... Opposite ORIG ................................................................ Original PB ................................................................... Pull box PC .................................................... Point of curvature PCC ....................... Portland cement concrete or point of compound curvature PCVC ....................... Point of compound vertical curve PE ............................................................ Polyethylene PI .................................................. Point of intersection PL ............................................................ Property line PMB ............................ Processed miscellaneous base POC ...................................................... Point on curve POT ................................................... Point on tangent PP .............................................................. Power pole PRC .......................................... Point of reverse curve PRVC ............................ Point of reverse vertical curve PSI ......................................... Pounds per square inch PT .................................................... Point of tangency PVC ................................................. Polyvinyl chloride PVMT ........................................................... Pavement PVT R/W ....................................... Private right-of-way Q ........................ Rate of flow in cubic feet per second QUAD ....................................... Quadrangle, Quadrant R ....................................................................... Radius R&O ......................................................... Rock and oil R/W .......................................................... Right-of-way RA ....................................................... Recycling agent RAC ................................... Recycled asphalt concrete RAP ............................... Reclaimed asphalt pavement RBAC .............................. Rubberized asphalt concrete RC ................................................ Reinforced concrete RCB ...................................... Reinforced concrete box RCE ...................................... Registered civil engineer RCP ..................................... Reinforced concrete pipe RCV ........................................... Remote control valve REF .............................................................. Reference REINF .............................. Reinforced or reinforcement RES .............................................................. Reservoir RGE ........................ Registered geotechnical engineer ROW ....................................................... Right-of-Way RR. .................................................................. Railroad RSE ............................. Registered structural engineer RTE .................................... Registered traffic engineer S ................................... Sewer or Slope, as applicable SCCP ............................... Steel cylinder concrete pipe SO .............................................................. Storm drain SDNR .............................. San Diego Northern Railway SDR ....... Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD ......... San Diego Regional Standard Drawings f.~ Revised 11/24/10 Contract No. 4030 Page 46 of 111 SE ...................................................... Sand Equivalent TOPO ........................................................ Topography SEC ................................................................. Section TR ........................................................................ Tract SF .............................................................. Square foot TRANS ......................................................... Transition SFM ................................................ Sewer Force Main TS ......................... Traffic signal or transition structure Sl ...................... International System of Units (Metric) TSC ............................................. Traffic signal conduit SPEC ..................................................... Specifications TSS ........................................... Traffic signal standard SPPWC .......................................... Standard Plans for TW .............................................................. Top of wall Public Works Construction TYP ................................................................... Typical SSPWC ............................. Standard Specifications for UE .............................................. Underground Electric Public Works Construction USA ................................... Underground Service Alert ST HWY ................................................. State highway VAR .................................................... Varies, Variable ST A ................................................................... Station VB ................................................................ Valve box STD ................................................................ Standard VC .......................................................... Vertical curve STR .................................................................. Straight VCP .................................................. Vitrified clay pipe STR GR ................................................. Straight grade VERT ............................................................... Vertical STRUC ......................................... Structural/Structure VOL. ................................................................. Volume SW ................................................................. Sidewalk VWD ...................................... Vallecitos Water District SWD ..................................................... Sidewalk drain W ....................... Water, Wider or Width, as applicable SY .............................................................. Square yard WATCH .............. Work Area Traffic Control Handbook T .................................................................. Telephone WI ............................................................ Wrought iron TAN ................................................................. Tangent WM .......................................................... Water meter TC ............................................................... Top of curb WPJ ........................................... Weakened plane joint TEL ............................................................. Telephone XCONN ............................................ Cross connection TF ........................................................... Top of footing 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 NEMA. ........................................................ National Electrical Manufacturers Association NOAA ................ National Oceanic and Atmospheric Administration (Dept. of Commerce) UL ..................................................................................... Underwriters' Laboratories Inc. USGS ............................................................................. United States Geological Survey ., "-+' Revised 11/24/10 Contract No. 4030 Page 47 of 111 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use Sl units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the Sl units shall control. S.l. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the Sl system and a more extensive set of conversion factors. 1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) Sl Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) .................................................................................... 25.4 micrometer (!lm) 1 inch (in) .............................................................................................. 25.4 millimeter (mm) 1 inch (in) .............................................................................................. 2.54 centimeter (em) 1 foot {ft} ............................................................................................... 0.3048 meter {m) 1 yard (yd) ............................................................................................ 0.9144 meter {m) 1 mile (mi) ............................................................................................. 1.6093 kilometer (km) 1 square foot {ft2} .................................................................................. 0.0929 square meter (m2) 1 square yard (yd2) ............................................................................... 0.8361 square meter (m2) 1 cubic foot {ft3} .................................................................................... 0.0283 cubic meter (m3) 1 cubic yard (yd3) .................................................................................. 0.7646 cubic meter (m3) 1 acre .................................................................................................... 0.4047 hectare (ha) 1 U.S. gallon (gal) ................................................................................. 3. 7854 Liter (L) 1 fluid ounce (fl. oz.) ............................................................................. 29.5735 millileter (ml) 1 pound mass (lb} (avoirdupois) ........................................................... 0.4536 kilogram (kg) 1 ounce mass (oz) ................................................................................ 0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) ................................................................ 0.9072 Tonne{= 907 kg) 1 Poise .................................................................................................. 0.1 pascal · second (Pa · s) 1 centistoke (cs) ................................................................................... 1 square millimeters per second (mm2/s) 1 pound force (lbf} ....................................... : ........................................ 4.4482 Newton (N) 1 pounds per square inch (psi) ............................................................. 6.8948 Kilo pascal (kPa) 1 pound force per foot (lbf/ft) ................................................................ 1.4594 Newton per meter (N/m) 1 foot-pound force {ft-lbf} ...................................................................... 1.3558 Joules {J) 1 foot-pound force per second ([ft-lbf]/s) .............................................. 1.3558 Watt {W) 1 part per million (ppm) ........................................................................ 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): ....................................................................... Degree Celsius CC): °F = (1.8 X °C) + 32 .............................................................................. oc = (°F-32)/1.8 1 Ampere (A) 1 Volt (V) 1 Candela ( cd) 1 Lumen (lm) 1 second (s) Sl Units (abbreviation) Commonly Used in Both Systems ., ~.., Revised 11/24/10 Contract No. 4030 Page 48 of 111 SECTION 2-SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper with holdings in favor of the Agency and to all dedUJctions provided for in the Contract. All money withheld, whether as- signed 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 bellow for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and localtion of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the con- struction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings con- tained in the plans and specifications, in an amount in excess of one-half of 1 per- cent of the prime contractor's total bid, or, in the case of bids or offers for the con- struction of streets or highways, including bridges, in excess of one-half of 1 per- cent 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 41 07, 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. l' •+' Revised 11/24/1 0 Contract No. 4030 Page 49 of 111 Section 411 0 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 Con- tractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 per- cent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an c:~mount equal to 1 0 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceed- ings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (1 0) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed 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 subcon- tracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Con- tractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Con- tract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Proce- dure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. 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 ... ~.,Revised 11/24/10 Contract No. 4030 Page 50 of 111 the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commis- sioner. 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 Agem~y. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifica- tions, to which the Engineer shall have access at all times. The construction plans consist of an as-built drawing roof plan (drawing number DWG 320-7 on file with the city). The specifications for the work include the General Provisions for the Dive Library Roof Replace- ment Project and the City of Carlsbad Technical Specifications. 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 Speci- fications and not shown on the Plans, or shown on the Plans and not specified in the Specifica- tions, 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 examinaftion of the Work site prior to submitting the Bid. l'\ •iF Revised 11/24/10 Contract No. 4030 Page 51 of 111 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, im- mediately 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: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Technical Specifications 4) Contract addenda, whichever occurs last. 5) Contract 6) Carlsbad General Provisions, and Supplemental Provisions. 7) Plans. 8) Reference Specifications. 9) Manufacturer's Installation Recommendations Detail drawings shall take precedence over general drawings. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2 and 2-5.3.3, when required by the Plans or Special Provisions, or when requested by the Engi- neer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless other- wise specified in the Special Provisions. Each submittal shall be accompanied by a letter of trans- mittal. 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 sub- mittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter _, \.+" Revised 11/24/10 Contract No. 4030 Page 52 of 111 of Transmittal shall contain the 1following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification stattement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title:------------- Date: ________________ _ Company Name: ________________________________________________ _ 2-5.3.2 Shop Drawings. Shop drawings are drawings showing details of manufactured or as- sembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.3 Supporting Information. Supporting information is information required by the Specifi- cations for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the sys- tem. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Confined Space Entry Pmgram per 7-10.4.4. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bul- letins, specifications, diagrams, product samples, and other information necessary to de- scribe a system, product or item. This information is required for any product, manufactured item, or system. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all ma- terials, equipment, tools, labor, and incidentals necessary to complete the Work. '-' •+' Revised 11/24/10 Contract No. 4030 Page 53 of 111 2-7 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be pro- vided by the Agency. Unless otherwise provided, the Contractor shall make arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. 2-8 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all mat- ters 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 instruc- tions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; accepta- bility 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. 2-8.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-8~2 Audit and Inspection, Contractor agrees to maintain and/or make available, to the Engi- neer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Con- tractor's staff and the staff of all subcontractors to this contract. At any time during normal busi- ness hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relat- ing to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Con- tractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-9 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Con- tractor 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 rep- resentatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. ..... ~., Revised 11/24/10 Contract No. 4030 Page 54 of 111 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 inter- ests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as grant- ing a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 2S percent of the Contract Price. Should it become necessary to exceed this limitation, the chan!~e shall be by written Supplemental Agreement between the Con- tractor 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 in- volved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Increases of More Than 50 Percent. Should the actual quantity of an item of work cov- ered 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 per- cent of the Bid quantity will be' made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.2 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 Specifica- tions, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Con- tract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 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 spec- ified in Sections 3-2.2 . . , '-+' Revised 11/24/1 0 Contract No. 4030 Page 55 of 111 3.2.3 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.4 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 notifi- cation in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer . determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers com- pensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. 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 equip- ment 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. Nondirect labor costs, including superintendence, shall be considered part of the markup of Sec- tion 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency . . , ~+' Revised 11/24/10 Contract No. 4030 Page 56 of 111 (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. 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 inci- dentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Con- tractor 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 ancl it shall be powered by a unit of at least the minimum rating rec- ommended by the manufacture~r. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Con- tractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoice!s 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 Ag~:mcy may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Sub- contractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcon- tractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the sub- contracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment l' •+' Revised 11/24/10 Contract No. 4030 Page 57 of 111 involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contrac- tor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, in- cluding loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may re- quire. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the fol- lowing Work site conditions (hereinafter called changed conditions), in writing, upon their discov- ery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those repre- sented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the char- acter being performed; and 3. Material differing from that represented in the Contract which the Contractor be- lieves may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect perfor- mance 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 hap- pening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given {'\ •+' Revised 11/24/10 Contract No. 4030 Page 58 of 111 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 thatt 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 additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further under- stands and agrees that this potential claim, unless resolved, must be restated as a claim in re- sponse 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. Th~3 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. ~, '-+' Revised 11/24/10 Contract No. 4030 Page 59 of 111 Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1 . Project Inspector 2. Municipal Projects Manager 3. City Engineer 4. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or re- quest 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 reso- lution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the proce- dures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 201 04) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(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 con- tractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 1 0240) of Chapter 1 of Part 2. (b)( 1) "Public work" has the same meaning as in Sections 31 00 and 31 06 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the con- tractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. ~, \.+' Revised 11/24/10 Contract No. 4030 Page 60 of 111 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements oth- erwise 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, witlhin :30 days of receipt of the claim, any additional documentation supporting the claim or re~lating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claim- ant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the ad- ditional 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 d1~fenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, ~.;~pon mutual agreement of the local agency and the claim- ant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the ad- ditional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dis- pute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Sec- tion 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 91 0) of Part 3 of Division 3.6 of Title 1 of the Government Code . . , f.., Revised 11/24/1 0 Contract No. 4030 Page 61 of 111 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 plead- ings, the court shall submit the matter to non-binding mediation unless waived by mu- tual 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 com- menced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the me- diator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.1 0) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Dis- covery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.1 0) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award re- quests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. 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 . . , f.., Revised 11/24/1 0 Contract No. 4030 Page 62 of 111 SECTION 4-CONTROL OF MATERIALS 4-1 MATERIALS AND WOI~KMANSHIP 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 gener- ally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not c:onforming to the requirements of the Specifications shall be con- sidered 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 di- rected by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable no- tice, 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 mater~als, parts, and equipment may be used only if permitted by the Spec- ifications. 4-1.2 Protection of Work anid Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Con- tractor shall also adequately protect new and existing work and all items of equipment for the duration of the 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 neces- sary 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 fabrica- tion, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. 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 char- acter of materials. Inspection or testing of the whole or any portion of the work or materials incor- porated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to pur- chase materials, fabricated products, or equipment from sources located more than 50 miles out- side the geographical limits of the Agency, an inspector or accredited testing laboratory (approved {'\ •+' Revised 11/24/10 Contract No. 4030 Page 63 of 111 by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equip- ment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and 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 be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection 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 ex- pense, shall deliver the materials for testing to the place and at the time designated by the Engi- neer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to re-notify 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 require- ments indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after im- proper 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 . . , '-+' Revised 11/24/10 Contract No. 4030 Page 64 of 111 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifica- tions and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall 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 deemE~d 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 mate- rial, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durabil- ity, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its in- tended 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, ap- pearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for propor- tioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regula- tions pertaining to weighing devices. A certificate of compliance shall be presented, prior to oper- ation, 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 weigrht without the application of any factor. The figures of the scales l\ •f' Revised 11/24/1 0 Contract No. 4030 Page 65 of 111 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 oper- ating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pres- sure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain- measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Cal- ibration 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 Mod- ified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as de- fined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The inves- tigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional in- formation in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the co- operative investigation concluded. Whenever the cooperative investigation is unable to reach res- olution, the investigation may then either conclude without resolution or continue by written noti- fication of one party to the other requesting the implementation of a resolution process by com- mittee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledge- ment, 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 Con- tractor 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 coop- erative 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: ., \...,Revised 11/24/10 Contract No. 4030 Page 66 of 111 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far in- curred; 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 inves- tigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associatted with the investigation. Should assignable causes for the con- tradiction 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 coop- eratively 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 contradict~on shall be suspended until the investigation is concluded. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engi- neer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work . . , ~+'Revised 11/24/10 Contract No. 4030 Page 67 of 111 SECTION 5-UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known rec- ords, 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 utili- ties indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, tele- phone, or cable television are shown on the Plans, the Contractor shall assume that every prop- erty 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 (Under- ground 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 sup- port 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. ... . f.l Revised 11/24/10 Contract No. 4030 Page 68 of 111 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 pro- tection 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 proce- dures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering por- tions 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 be- fore 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 man- hole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301-1.6, 2006 Edition. Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and prop- erty 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 in- terfering 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 compensa-., '-+' Revised 11/24/10 Contract No. 4030 Page 69 of 111 tion will be allowed therefore or for additional work, materials or delay associated with the tempo- rary omission. The portion thus omitted shall be constructed by the Contractor immediately fol- lowing 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 avail- able 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 Sec- tion 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unrea- sonably 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 trunkline utility facilities within the area affected by the Work if such utilities are not iden- tified 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 altera- tions 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. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work . . , '-+' Revised 11/24/10 Contract No. 4030 Page 70 of 111 SECTION 6-PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as other- wise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 14 calendar days (two weeks) after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Con- tractor'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. 6-1.1.1 Baseline Construction Schedule Submittal. After notification of award of the Contract and prior to start of any work, the Contractor shall submit its proposed construction schedule to the Engineer for approval. Thie construction schedule shall be in the form of a tabulation, chart, or graph and shall be in sufficient detail to show chronological relationship of all activities of the Work. These include, but are not limited to: estimated starting and completion dates of various activities, submission of submittals per the submittal requirements of Section 2-5.3, procurement of materials and scheduling of equipment. The construction schedule shall incorporate the re- quirements of 5-5 and reflect completion of the Work within the specified Contract time and in conformance with the Contract Documents. If the Contractor desires to malke a major change in the method of operations after commencing construction, or if the schedule fails to reflect the actual progress, the Contractor shall submit to the Engineer a revised construction schedule in advance of beginning revised operations. 6-1.2 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer weekly to agree upon each activity's schedule status and shall submit bi-weekly updates of the Baseline Construction Schedule confirming the agreements. 6-1.3 Measurement and Payment of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work . . , '-+' Revised 11/24/10 Contract No. 4030 Page 71 of 111 If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. · 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications 6-2.3 Project Meetings. The Engineer will establish the time, frequency and location of the Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Con- tractor's Representative shall be the individual determined under Section 7-6. No separate pay- ment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engi- neer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of ar- chaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor . . , '-+' Revised 11/24/1 0 Contract No. 4030 Page 72 of 111 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 c:ontrol 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 dis- cretion 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 Contrac- tor will not be entitled to dama~1es 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 Con- tractor will not be entitled to damages or additional payment due to such delays, except as pro- vided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for non-controlling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work . . , '-+' Revised 11/24/10 Contract No. 4030 Page 73 of 111 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the clas- sification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reason- able means. Should the Contractor fail to provide the notice(s) required by this section the Con- tractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The time of completion of the Contract shall be expressed in calendar days. Contractor shall diligently prosecute the work to completion within 49 calendar days (7 weeks) after the 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 the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor associa- tion, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. However, since this project is based on calendar days, the hours of work shall be between 7:00 a.m. and 4:00 p.m. Sundays through Saturdays, excluding Agency holidays. The Con- tractor shall pay any inspection costs for work installed during the weekend hours that requires inspection, as determined by the roofing manufacturer's representative. No work involving noise shall be performed by the contractor between 6:00 p.m. and 7:00a.m. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the pro- hibition of work being performed within the dates, areas and/or types of work prohibited in this section. ~" ft.., Revised 11/24/10 Contract No. 4030 Page 7 4 of 111 6-7.3 Contract Time Accou111ting. The Engineer will make a daily determination of each work- ing day 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 Contract time, as adjusted, at tlhe beginning of the reporting period. The statement will also indi- cate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is com- pleted and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of ~he specifications for the Work. Use, temporary, interim or perma- nent, of all, or portions of, tlhe Work does not constitute acceptance of the Work. If, in the Engi- neer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be guaranteed against defective workmanship and materials for a period of two (2) years after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its ex- pense. See Technical Speclification section 07511, paragraph 1.09 for required twenty (20) material system warranty to also be provided. Twenty-five percent of the faithful perfor- mance bond shall be retained as a warranty bond for the one year warranty period. The Contrac- tor 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. The contractor certifies that lhe/she is qualified to provide such warranties and shall pro- vide proof thereof at time of bid submission. The manufacturer shall verify the ability of the successful bidder to provide such warranties. 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 two thousand Dollars ($2,000) 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 $2,000 per day is the minimum vaiUJe 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 . ... . \.~Revised 11/24/10 Contract No. 4030 Page 75 of 111 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency intends to utilize most if not all of the facility during the roof construction work. 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 in the case of Contractor operations or negligence. The Contractor will not be required to re-clean such portions of the improvement before field acceptance, except for cleanup made nec- essary 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 com- pleted 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 11/24/1 0 Contract No. 4030 Page 76 of 111 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 who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, i1ts agents, and employees shall be bound by and comply with ap- plicable 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 penaltiies 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 worlk 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 agree- . menton 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 respon- sibility 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 re- maining 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' com- pensation or to undertake self-insurance in accordance with the provi- sions of that code, and I will comply with such provisions before com- mencing the performance of the work of this contract." ~, "-+' Revised 11/24/10 Contract No. 4030 Page 77 of 111 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' Com- pensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contrac- tor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compen- sation 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 Contractor shall obtain all per- mits 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. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its pres- ence to take measures necessary to protect the Work, persons, or property. Any order or com- munication given to this representative shall be deemed delivered to the Contractor. A joint ven- ture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or per- son in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The' Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference . . , \.._, Revised 11/24/10 Contract No. 4030 Page 78 of 111 The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. the Contractor will not lbe entitled to additional compensation from the Agency for dam- ages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incom- plete. 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 imme- diately and the area cleaned. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Con- tractor 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 dis- cretion, 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 Con- tract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be l' •+' Revised 11/24/1 0 Contract No. 4030 Page 79 of 111 performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of em- ployees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sew- age shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Storm- water Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, 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 exercise due caution to avoid damage to such property . . , f.., Revised 11/24/10 Contract No. 4030 Page 80 of 111 The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installa- tions, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relo- cated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. · 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconven- ience. The access rights of the public shall be considered at all times. Unless otherwise author- ized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Ac- cess to these facilities shan be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian cross- ings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Not Used. 7-10.3 Street Closures, Detours, Barricades. Not Used. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and con- trol devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of Section 206-7.2 et seq. 7-10.3.2 Maintaining Traffic. 1\lot Used . . , '-+' Revised 11/24/10 Contract No. 4030 Page 81 of 111 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. 7-1 0.3.5 Temporary Pavement Delineation. Not Used. 7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan Sheets. Not Used. 7-10.3.7 Payment. The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefore. 7-10.4 Safety. 7-1 0.4.1 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 other items of work except where separate bid items for excavation safety are pro- vided, or required by law. 7-1 0.4.2 Use of Explosives. Explosives are not to be used on this project. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Ma- terial Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe condi- tions. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contrac- tor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall ,, •f' Revised 11/24/10 Contract No. 4030 Page 82 of 111 indemnify and hold the Agency harmless from any legal action that may be brought for infringe- ment 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 Na- tional laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. 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 pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from pur- chases of goods, services, 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 pay- ment to the contractor, without further acknowledgment of the parties." ~, "-+' Revised 11/24/1 0 Contract No. 4030 Page 83 of 111 SECTION 8-MEASUREMENT AND PAYMENT 8-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 8-1.1 General. Unless otherwise specified, quantities of work shall be determined from meas- urements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless 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. The plan meter shall be considered an instrument of precision adapted to measurement of all areas. 8-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sec- tions involved. 8-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish th~ Engineer with dupli- cate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 8-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Stand- ard Measures. 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 the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 8-3 PAYMENT 8-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accord- ance with the Plans and Specifications. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. .... \.,Revised 11/24/10 Contract No. 4030 Page 84 of 111 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 a!~ainst 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 precau- tions which are the Contractor's responsibility have not been taken and are not reasonably ex- pected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be ac:ceptance 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 owner- ship shall remain with the Contractor who shall be obligated to store any fully or partially com- pleted work or structure for whic:h 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 ac;ceptance 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 re- cordation 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 appli- cable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as pre- scribed 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 closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. 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 com- plete the detailed progress pay estimate and submit it to the Contractor for the Contractor's infor- mation. Should the Contractor assert that additional payment is due, the Contractor shall within ten (1 0) 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. ., ~+' Revised 11/24/10 Contract No. 4030 Page 85 of 111 Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from re- maining progress estimates and from the final estimate may be limited to $500 or 1 0 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liqui- dated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contractor may substi- tute 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 corre- sponding 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 adjust- ments 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 . . , '-+'Revised 11/24/10 Contract No. 4030 Page 86 of 111 8-3.2.1 Payment for Claims. Except for those final payment items disputed in the written state- ment required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said cllaims. 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 con- tentions 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. 8-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the! progress estimate. 8-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be incllude!d in the progress estimate. 8-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 8-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. 8-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Docu- ments, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in plac:e. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his ex- pense. l' •+' Revised 11/24/1 0 Contract No. 4030 Page 87 of 111 C. Applicable portions of Section 01010 apply to all other sections of these specifications whether or not they are specifically referred to in those other sections. END OF SECTION ('\ •ff Revised 11/24/10 Contract No. 4030 Page 89 of 111 CITY OF CARLSBAD TECHNICAL SPECIFICATIONS SECTION 02070 -SELECTIVE DEMOLITION PART 1 -GENERAL 1.01 RELATED DOCUMENTS A. General provisions of Contract, including General and Supplementary Con- ditions and Division-1 Specification sections, apply to work of this section. 1.02 DESCRIPTION OF WORK A. Extent of selective demolition work as noted on pre-bid walkthrough. B. Properly remove and dispose of existing roofing I insulation and flashings to substrate. 1.03 SUBMITTALS A. Provide detailed sequence of demolition and removal work to ensure unin- terrupted progress of the City's on-site operations, with the exception of lim- ited disruption of on-site operations during the period specified by the City. 1.04 JOB CONDITIONS A. Occupancy: The City will be continuously occupying areas of the building immediately adjacent to and below the areas of work. Conduct selective demolition work in manner that will minimize need for disruption of the City's normal operations. Provide minimum of 72 hours advance notice to the City of demolition activities that may impact City's normal operations. B. Condition of Structures: The City assumes no responsibility for actual con- dition of items or structures to be demolished. C. Partial Demolition and Removal: Items indicated to be removed but of salv- able value to Contractor may be removed from structure as work pro- gresses. Transport salvaged items from site as they are removed. D. Storage or sale of removed items on site will not be permitted. E. Obtain required material reclamation and disposal permits. F. Provide proof of proper disposal of all materials . . , '-+' Revised 11/24/1 0 Contract No. 4030 Page 90 of 111 1.05 PROTECTIONS A. Provide temporary barricades and other forms of protection as required to protect the City's personnel and general public from injury due to selective demolition work. B. Protect walks,, paving, landscaping, etc. with suitable coverings when nec- essary. C. Provide proteetive measures as required to provide free and safe passage of the City's p~ersonnel and general public to and from occupied portions of the building. D. Install safety flag system on roof during demolition and construction. E. Install safety life lines and fall protection equipment in accordance with OSHA and Cal-OSHA requirements. F. Install approved drain plugging devices to protect debris from blocking all roof drains and overflow drains. Only approved plugs shall be used. G. Remove barricades and protections at completion of work. 1.06 TRAFFIC A. Conduct selective demolition operations and debris removal in a manner to ensure minimum interference with roads, streets, walks, and other adjacent occupied or used facilities. B. Inspect all accessible areas and remove loose nails and debris at the end of each day. C. Do not close, block, or otherwise obstruct streets, walks or other occupied or used facilities without written permission from the City or authorities hav- ing jurisdiction. Provide alternate routes around closed or obstructed traffic ways if requined by governing regulations. D. Notify City perrsonnel or inspector of each days start and finish times. Notify City personne~l of any excessive noise or potential disruption of library ac- tivities. 1.07 UTILITY SERVICES A. Maintain existing utilities indicated to remain; keep in service, and protect against damage during demolition operations. B. Do not interrupt any existing utilities serving occupied or used facilities, ex- cept when authorized in writing by authorities having jurisdiction. Provide ., '-+' Revised 11/24/1 0 Contract No. 4030 Page 91 of 111 temporary services during interruptions to existing utilities, as acceptable to the City. 1.08 ENVIRONMENTAL CONTROLS A. Use water sprinkling and other suitable methods to limit dust and dirt rising and scattering in air to lowest practical level. Comply with governing regu- lations pertaining to environmental protection. 1.09 DEMOLITION MATERIALS AND DEBRIS A. Fully contain all demolition materials and debris, using hoists and chutes as needed to control movement of materials. NO MATERIALS OF ANY KIND SHALL BE THROWN FROM THE ROOF OF ANY BUILDING. PART 2 -PRODUCTS (Not Used) PART 3 -EXECUTION 3.01 GENERAL A. Cease operations and notify the City's Representative (Project Manager) im- mediately if safety of structure appears to be endangered. Take precautions to support structure until determination is made for continuing operations. B. Provide certification of all cranes, hoists, ladders to be used in the perfor- mance of the work. Coordinate any such equipment use with the City or its Inspector. C. No more roofing shall be removed daily than can be adequately covered in the event of inclement weather conditions. D. Report any damage, improper conditions that become exposed prior to any installation of roofing materials, to City employees or inspectors. 3.02 EQUIPMENT PROTECTION A. Cover and protect equipment and fixtures to remain from soiling or damage when demolition work is performed in areas where such items were located. 3.03 MATERIAL AND DEBRIS STORAGE A. Assure all roof loaded materials are stored in a manner to be located over major purlins, beams or structure to avoid roof collapse. ~, f.., Revised 11/24/10 Contract No. 4030 Page 92 of 111 B. Provide suitable containers to hold debris and all material from selective demolition, so that all debris and material from selective demolition will oc- cupy only areas authorized by the City and so that the City's normal opera- tion is allowed to continue. 3.04 DEMOLITION A. Perform selective demolition work in a systematic manner. Use such meth- ods as required to complete work indicated on Drawings in accordance with demolition schedule and governing regulations. Schedule demolition work to minimize risk of exposure to rain or other unfavorable weather condition. B. Damages: Promptly repair damages caused to adjacent facilities by dem- olition work at no cost to the City. 3.05 DISPOSAL OF DEMOLISHED MATERIALS A. Remove debris, rubbish, and other materials resulting from demolition oper- ations from building site. Transport and legally dispose of materials off site. B. If hazardous materials are encountered during demolition operations, com- ply with applicable regulations, laws, and ordinances concerning removal, handling, and protection against exposure or environmental pollution. 3.06 CLEAN-UP AND RE:PAIR A. Upon completion of demolition work, remove tools, equipment, and demol- ished materials from site. Remove protections and leave interior areas broom clean. 1. Repair demolition performed in excess of that required. Repair and restore structures and surfaces to remain to condition existing prior to commencement of selective demolition work. Repair adjacent construction or surfaces soiled or damaged by demo~ition work. END OF SECTION ., '-+' Revised 11/24/10 Contract No. 4030 Page 93 of 111 CITY OF CARLSBAD TECHNICAL SPECIFICATIONS SECTION 07500 -FLUID APPLIED ROOFING SYSTEM PART 1-GENERAL 1.01 RELATED DOCUMENTS A. The attached are components of this section: 1. General Conditions 1.02 SCOPE OF WORK A. Furnish and install specified roofing and related components to City of Carls- bad Dove Library totaling approximately 36,500 square feet. Contractor to note that this quantity is not certified or guaranteed in any manner whatsoever. Each bidder must measure and determine quantities of materials required to replace all roof surfaces. B. Work includes: 1. Cut, remove and repair designated blisters with 120 Mil Modified Mem- brane. 2. Thoroughly clean roof to remove all dirt, dust, debris and loose gran- ules/coating. 3. Prime surface with Alpha-guard WB Primer at 200 square feet per gal- lon. · 4. Reinforce perimeter and projection flashings with Alphaguard base coat at 3 gallons per square, embed Permafab polyester reinforcing mem- brane and then coat with Alphaguard top coat at 2 gallons per square. 5. Install detail coat of Alphaguard base coat over side and end laps, then install at 4 gallons per square over entire roof. Immediately embed Per- mafab polyester membrane into base coat per warranty detail require- ments. 6. After proper cure of base coat (6-10 hours), install Alphaguard top coat at 2 gallons per square. After proper cure of top coat (6-1 0 hours), in- stall slip resistant surface in designated walkway areas consisting of 20- 40 mesh silica sand broadcast at 10-15 lbs I square and backrolled into additional layer of Alphaguard top coat at 1.5 gallons per square. 7. Repair expansion joints marked during pre-bid walkthrough . . , '-+' Revised 11/24/1 0 Contract No. 4030 Page 94 of 111 8. Leave job site in clean and workmanlike manner. Provide owner with 20 year Quality Assurance Warranty and Maintenance Agreement. The Contractor certifies that he/she is qualified to provide such warranties and shall provide proof thereof at time of receipt of bid. The manufacturer shall verify the ability of the successful bidder to provide such warranties. 1.03 QUALITY CONTROL A. Contractor shall: 1. Be experienced in fluid applied roofing, with a minimum of five (5) years' experience. 2. Be an approved/certified installation contractor as determined by the roofing1 product manufacturer. 3. Have not have filed Chapter 7 during the last ten (1 0) years. 4. Provide a list of at least three (3) projects available for inspection, em- ployin~l the same roofing system that is to be used on this project, which are located within a 50-mile radius of the job site. B. Roofing material manufacturer shall: 1. Be an Associate Member in good standing with the National Roofing Contractors' Association (NRCA) for at least five (5) years. 2. Be nationally recognized in roofing, waterproofing, and moisture survey industry. 3. Be approved by City. 4. Have not filed Chapter 11 during the last five (5) years. 5. Provide a Project Close-out Report upon delivery of the project war- ranty. This report shall include the following sections: a. Project Specifications b. Project Summary c. Project reports as a result of roof inspections. d. Job progress photos. e. Warranty document. f. Owner's Manual describing maintenance and emergency re- pair . . , '-+' Revised 11/24/1 0 Contract No. 4030 Page 95 of 111 g. Inspection Report to be completed by the roofing material manufacturer on an annual basis, starting with date of pro- ject completion. 6. The roofing material manufacturer will be ISO 9001 Certified or be able to demonstrate levels of quality assurance equal to or superior to this requirement. a. Manufacturer will provide proof of ISO 9001 Certification by sub- mitting copy of the Certificate of Registration or similar type of quality documentation. b. Manufacturer's products will be produced per specifications de- veloped under design control procedures per ISO 9001 require- ments or similar type requirements. c. The assessment body providing certification of the manufac- turer's quality management system will be nationally recognized agency with sufficient knowledge and experience in the manu- facturer's industry to permit a credible assessment of the manu- facturer's quality system. 7. Employ full-time Field Technical Services Representative available for final roof inspection. 8. Provide local Field Representative to make daily site visits, report work quality, verify material coverage rates and job progress. 9. The presence and activity of the manufacturer's/specifier's representa- tive and/or City's representative shall in no way relieve the contractor of contractual responsibilities of duties. C. Project meetings: 1. Final inspection: a. Will be scheduled by City upon job completion, with the: 1) Contractor, 2) Roofing material manufacturer, and a 3) City Representative. 4) City roofing Consultant. b. Minimum agenda to include: 1) Walkover inspection. 2) Identification of problems which may impede issuance of warranty . . , '-+' Revised 11/24/10 Contract No. 4030 Page 96 of 111 D. Random sampling: 1. Roofing material: a. During course of work, City's Representative may secure samples according to ASTM D140-93 of materials being used from containers at job site and submit them to an independent laboratory for comparison to specified material. b. Should test results prove that a material is not functionally equal to specified material: 1) Contractor shall pay for all testing. 2) Roofing installed and found not to comply with the speci- fications shall be removed and replaced at no change in the contract price. E. Regulatory requirements: 1. Uniform Building Code. 2. FM 44"70. All products shall be FM approved a. UL 790 Class A Fire Rating. b. CA Title 24 compliant. F. Plans and sp~acifications: 1. Contractor shall notify the City of any omissions, contradictions, or con- flicts s1aven (7) days before bid date. The City shall provide necessary corredions or additions to plans and specifications by addendum. If Contractor does not so notify the City of any such condition, it will be assumed that the Contractor has included the necessary items in the bid to complete this specification. 2. It is the intent that this be a completed project as far as the contract documents set forth. It is not the intent that different phases of work on this project be delegated to various trades and subcontractors by the contract documents. Contractor must make own contracts with various subcontractors, setting forth the work these subcontractors will be held responsible for. The Contractor alone will be held responsible by the City for the completed project. 3. If the Contractor feels a conflict exists between what is considered good roofin~1 practice and these specifications, contractor shall state in writing all objections prior to submitting quotations. 4. It is the Contractor's responsibility during the course of the work to bring to the attention of the City's representative any defective membrane, insulation or deck discovered where not previously identified. ~, "-+' Revised 11/24/1 0 Contract No. 4030 Page 97 of 111 1.04 DELIVERY, STORAGE, AND HANDLING A. Delivery of materials: 1. Deliver materials to job site in new, dry, unopened, and well-marked containers showing product and manufacturer's name. 2. Deliver materials in sufficient quantity to allow continuity of work. 3. Coordinate delivery with the City. B. Do not order project materials or start work before receiving written approval from the City. C. Storage of materials: 1. Store roll goods on ends only. Discard rolls which have been flattened, creased, or otherwise damaged. Place materials on pallets. Do not stack pallets. 2. For insulation, remove plastic packaging shrouds. For felt rolls, slit the top of the plastic shrink wrap only. Cover top and sides of all stored materials with tarpaulin (not polyethylene). Secure tarpaulin. 3. Rooftop storage: Disperse material to avoid concentrated loading. 4. No materials may be stored in open or in contact with ground or roof surface. 5. Should Contractor be required to quickly cover material temporarily, such as during an unanticipated rain shower, all materials shall be stored on a raised platform covered with secured canvas tarpaulin (not polyethylene), top to bottom. 6. Contractor shall assume full responsibility for the protection and safe- keeping of products stored on premises. D. Material handling: 1. Handle materials to avoid bending, tearing, or damage during transpor- tation and installation. 2. Material handling equipment shall be selected and operated so as not to damage existing construction or applied roofing. Do not operate or situate material handling equipment in locations that will hinder smooth flow of vehicular or pedestrian traffic . . , "-4F Revised 11/24/1 0 Contract No. 4030 Page 98 of 111 1.05 SITE CONDITIONS A. Field measurements and material quantities: 1. Contractor shall have SOLE responsibility for accuracy of all measure- ments, estimates of material quantities and sizes, and site conditions that affect work. His/her measurements are completely independent of any other bidders stated quantities, expressed or implied. B. Existing conditions: 1. Building space directly under roof area covered by this specification will be utilized by ongoing operations. Do not interrupt City operations un- less prior written approval is received from the City. 2. Access to roof shall be from exterior only. 3. Use care to prevent generation ofunnecessary noise and keep noise levels to the minimum possible. When ordered by the City, immedi- ately discontinue such methods that produce noise disruptive or harm- ful to facility functions and occupants, and employ unobjectionable methods. Equip. air compressors, tractors, cranes, hoists, vehicles, and other internal combustion engine equipment with "residential" grade mufflers, and muffle the unloading cycle of compressors. Limit use of impact tools to times and locations as approved. Remove from the site any equipment producing objectionable noise as determined by Owner. C. Safety requirements: 1. All application, material handling, and associated equipment shall con- form to and be operated in conformance with OSHA safety require- ments. 2. Comply with federal, state, local, and City fire and safety requirements. 3. Advise the City whenever work is expected to be hazardous to any per- sons of the City community, employees, and/or operators. 4. Maintain a crewman as a floor area guard whenever roof decking is being repaired or replaced. D. Waste disposal: 1. Do nolt re-use, re-cycle or dispose of material manufacturers product containers except in accordance with all applicable regulations. The ., f.., Revised 11/24/1 0 Contract No. 4030 Page 99 of 111 user of manufactured products is responsible for proper use and dis- posal of product containers. E. Environmental requirements: 1. Do not work in rain, or in presence of water. F. Security requirements: 1. Comply with City security requirements. 2. Provide City with current list of persons on the job site. 1.06 GUARANTEE I WARRANTY A. Guarantee 1. Upon project completion and City acceptance, effective upon complete payment, Contractor shall issue the City a guarantee against defective workmanship and materials for a period of two (2) years. B. Warranty 1. Upon project completion, Manufacturer acceptance, and once complete payment has been received, by both Contractor and Manufacturer, Manufacturer shall deliver to the City a twenty (20)-year manufacturer Roofing System Quality Assurance Warranty and Maintenance Agree- ment. Manufacturer will perform housekeeping as follows: Inspections and minor maintenance will be performed at year 2, 5, 10 and 15 of the warranty period. Warranty Coverage (inclusive of labor and material expense) Includes: a. The roof membrane. b. The flashings. c. Base sheet and tapered insulation. d. Edge components e. Metal Components Warranty/Maintenance Service: a. Housekeeping and minor maintenance including removal of de- bris from roof membranes and cleaning of drains and scuppers. Warranty shall be an entire system warranty and include roof insulation, membrane, surfacing, flashing, and sheet metal terminations. At the end of twenty (20) years, warranty may be renewed in five (5)-year in- crements following manufacturer's standard warranty renewal process . . , "-+' Revised 11/24/1 0 Contract No. 4030 Page 1 00 of 111 Manufacturer to provide written reports after each inspection doc- umenting maintenance work performed. PART 2 -PRODUCTS 2.01 GENERAL A. Comply with quality control, references, specifications, and manufacturer's data. Products containing asbestos are prohibited on this project. Use only asbestos-free products. B. Use all products with appropriate personal protection. User must read con- tainer label and material safety data sheets prior to use. 2.02 ACCEPTABLE MAt~UFACTURER-Basis of Design A. The system basis of design is a Tremco Alphaguard MT system, which is a one part moisture triggered polyurethane roof coating system including a pri- mer, a base coat, a polyester reinforcing membrane and a top coat. This sys- tem exceeds the requirements of ASTM D 7311. System Minimum performance requirements Property Alphaguard Typical Value Test Method Dynamic Puncture Resistance 830 pounds ( 35 J ) ASTM D 7311 Static Puncture Reistance 75 lbs ( 34 kg ) ASTM D 7311 Tensile Strength 1.435 lblin2 ( 9.89 MPa) ASTM D 7311 Elongation at break 351% ASTM D 7311 Indentation Hardness 85.4 durometer units ASTM D 7311 Tear Resistance 159.83 lb-f I in ( 30 Knlm ) ASTM D 7311 Water Vapor Transmission 0.02 perm-in (5.16 glm21day) ASTM D 7311 Flexibility Mandrel bend pass I no cracking or flaking ASTM D 7311 Volume Solids 87-89% ASTM D 2697 Weight SoHds 88-90% ASTM D 1644 ~, '-+' Revised 11/24/1 0 Contract No. 4030 Page 101 of111 Volatile Organic Content < 40 g/1 ASTM D 3960 Solar Reflectance 86% ASTM C 1549 Thermal Emittance 88% ASTM C 1371 SRI (Solar Reflective Index) 108 ASTM E 1980 2.03 ROOFING MATERIALS 1. Primers: A. Alphaguard WB Primer by Tremco or approved equal. Alphaguard M Prime by Tremco or approved equal. 2. Base Coat: Alphaguard MT Base coat by Tremco or approved equal. 3. Reinforcing Membrane: Permafab polyester membrane by Tremco or approved equal. 4. Top Coat: Alphaguard MT Top coat by Tremco or approved equal. 2.04 METAL FLASHINGS A. Edge flashing-properly re-secure existing as needed. B. Work shall be in accordance with Architectural Sheet Metal Manual, as issued by Sheet Metal and Air Conditioning Contractor's National Association, Inc. (SMACNA). 2.05 SYSTEM PERFORMANCE REQUIREMENTS: A. TOTAL ROOF MEMBRANE TEST: 1. Roof System Performance: Per ASTM 2523 Standard Practice for Testing Load-Strain Properties of Roofing Membranes: Tensile Strength MD Tensile Strength XMD 409 lbf I in 398 lbf I in ASTM 2523 ASTM 2523 ., ~+i Revised 11/24/10 Contract No. 4030 Page 1 02 of 111 PART 3-EXECUTION 3.01 EXAMINATION A. Verify conditions as satisfactory to receive work. B. Do not begin roofing until all unsatisfactory conditions are corrected, and ap- proval to proceed has been granted by City. C. Verify that work of other trades penetrating roof deck or requiring men and equipment to traverse roof deck has been approved by the Owner, manufac- turer, and roofing contractor. D. Check projections, curbs, and deck for inadequate anchorage, foreign mate- rial, moisture or unevenness that would prevent quality and execution of new roofing system. 3.02 GENERAL WORKMANSHIP A. Substrate shall be free of foreign particles prior to laying roof membrane. B. Phased application is not permitted. All applications initiated shall be com- pleted on same day. C. Traffic and equipment shall be kept off roof until applications have cured. D. Wrapper and packaging materials shall not be included in roofing system. E. Fit plies into roof drain rims; install lead flashing and finishing plies; secure clamping collars; and install domes. F. Extend roofing membrane to top edge of cant at wall and projection bases. G. Cut out fishmouths at side laps which are not completely sealed and patch. Replace all sheets which are not fully and continuously bonded. H. Store all materials prior to application at temperature between 60-90 deg F. I. Apply coatings within range of ambient and substrate temperatures recom- mended by manufacturer, do not apply materials when air temperature is be- low 50 or above 110 deg F. Do not apply in snow, rain, fog or mist. ~-... f.l Revised 11/24/10 Contract No. 4030 Page 103 of 111 3.03 PREPARATION A. Protection: 1. Contractor shall be responsible for protection of property during course of work. Lawns, shrubbery, pavement areas, and buildings shall be protected from damage. Repair damage at no extra cost to the City. 2. Prior to commencing removal of debris, provide at the site, a dumpster or dump truck to be located adjacent to building as directed by the City. 3. Roofing, flashings, membrane repairs, and installation shall be installed and sealed in a watertight manner on same day of installation or before arrival of inclement weather. 4. At start of each work day, drains within daily work area shall be plugged. Plugs to be removed at end of each work day or before arrival of inclem- ent weather. 5. Preparation work shall be limited to those areas that can be covered with installed roofing material on same day and before arrival of inclem- ent weather. 6. Arrange work sequence to avoid use of newly constructed roofing for storage, walking surface, and equipment movement. Move equipment and ground storage areas as work progresses. 7. Protect building surfaces at set-up areas with tarpaulin. Secure tarpau- lin. Remove dumpster from premises when full and empty at approved dumping or refuse area. Deliver empty dumpster to site for further use. Upon job completion, dumpster shall be removed from premises. Spilled or scattered debris shall be cleaned up immediately. Remove materials to be disposed of, from roof on daily basis as it accumulates. 8. Provide clean plywood walkways and take other precautions required to prevent tracking of aggregate/debris from existing membrane into new work area where aggregate/debris pieces can be trapped within new roofing membrane. Contractor shall instruct and police workmen to ensure that aggregate/debris is not tracked into new work areas on workmen's shoes or equipment wheels. Discovery of entrapped aggre- gate/debris within new membrane is sufficient cause for its rejection. B. Surface preparation: 1. Clean roof of all debris, cut designated blisters and repair with inverted Powerply Standard F. R. membrane to fill void, then another ply from l' •+' Revised 11/24/1 0 Contract No. 4030 Page 1 04 of 111 existin~] ply line to ply line of Powerply Standard FR set in Burmastic SF adhesive. 2. Thoroughly clean roof of all dirt, dust, debris and loose granules. Power wash or use approved cleaning system to properly prepare roof, con- tractor must comply with all storm water runoff requirements. Power wash at maximum 2,000 PSI. 3. Verify that existing roofing membrane is free of blisters, loose coating, splits, open laps, indications of shrinkage, and puncture damage. Commencing application of fluid-applied re-coating membrane indi- cates acceptance of surfaces and conditions. 4. Verify adhesion of new coating system with test patch before com- mencement of work. 5. Maintain roof drains in functioning condition to ensure roof drainage at end of each workday. 6. Prime with Alphaguard WB Primer at 200 square feet per gallon, re- prime any areas that are exposed more than 24 hours before application of base coat. Ensure primer does not puddle and substrate has com- plete coverage. Allow to cure completely prior to application of coating. 3.04 FLASHINGS I FIELID MEMBRANE I WALKWAY NON-SKID A. General flashing requirements: . , "-+" Revised 11/24/10 1. Complete primer, base coat, fabric reinforcement and top coat at all parapets, curbs, penetrations and drains prior to application in field of fluid-applied membrane. Apply in accordance with manufacturer's warranty detail requirements. 2. Extend coating to cover all flashing surfaces and a minimum of 4 inches onto horizontal surfaces. 3. Back roll to achieve minimum wet mil thickness of 48 mils of base coat on flashings unless otherwise recommended by manufac- turer; verify thickness of base coat as work progresses. 4. Embed fabric reinforcement into wet base coat, lap adjacent flashing pieces of fabric 3 inches along edges and 6 inches at end laps. 5. Roll surface of fabric reinforcing to completely embed and satu- rate fabric. Leave finished base coat with fabric free of pine holes, voids, or openings . Contract No. 4030 Page 105 of 111 6. Roof drains: Install base coat onto surrounding membrane sur- face and metal drain bowl flange. Install target piece of fabric reinforcement immediately into wet base coat and roll to fully em- bed and saturate fabric. Reinstall clamping ring and strainer fol- lowing application of top coat. Replace any broken drain rings or clamping bolts. B. Field Membrane 1. Prime properly prepared surface with Alphaguard WB at 200 square feet I gallon. 2. Install detail coat of base coat at all side and end laps. 3. Install base coat at 4 gallons square (64 wet mils). Back roll to achieve minimum wet mil coating thickness. 4. Embed fabric reinforcement into wet base coat. Lap adjacent pieces of fabric minimum 3 inches along edges and 6 inches at end laps. 5. Roll surface of fabric reinforcing to completely embed and satu- rate fabric. Leave finished base coat with fabric free of pin holes, voids, or openings. 6. Allow base coat to cure prior to application of top coat. 7. Apply top coat to field of membrane and flashings uniformly in a complete, continuous application at a rate of 2 gallons per square (32 wet mils). (Note: base coat must be re-primed before install of top coat if exposed more than 72 hours) 8. Avoid foot traffic on new fluid-applied membrane for a minimum of 24 hours. C. Walkway I Non-Skid 1. Mask walkway location with tape. · 2. Apply additional layer of top coat at 1.5 gallon per square, back roll, broadcast 20-30 lbs per 100 square feet of slip resistant top coat aggregate in wet top coat. Back roll sand and top coat cre- ating even dispersal of sand. Remove masking immediately . . , "-+' Revised 11/24/1 0 Contract No. 4030 Page 106 of 111 3.05 ADJUSTING AND CLEANING A. Repair of deficiencies: 1. lns~allations of details noted as deficient during final inspection must be repaired and corrected by applicator and made ready for re-inspection within five (5) working days. B. Clean-up: 1. Immediately upon completion, roof membrane and flashing surfaces shall b1e cleaned of debris. Also, clean staging areas of all debris. 2. Clean !gutters and downspouts of debris. 3. Vacuum I sweep up loose debris and remove excessive aggregate in walkway areas. END OF SECTION ., ~+'Revised 11/24/10 Contract No. 4030 Page 1 07 of 111 CITY OF CARLSBAD TECHNICAL SPECIFICATIONS SECTION 07600 -FLASHING AND SHEET METAL PART 1-GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Sup- plementary Conditions and Division 1 Specification Sections, apply to work of this Section. 1.02 SUMMARY A. This Section includes the following: 1. . Metal counterflashing and base flashing. 2. Metal wall flashing and expansion joints. 3. Built-in metal valley, gutters, and scuppers. 4. Gutters and downspouts. 5. Exposed metal trim/fascia units. 6. Miscellaneous sheet metal accessories. 7. Laminated and composition flashing. 8. Elastic flashing. 9. Sheet metal ducts. B. Roofing accessories installed integral with roofing membrane are specified in this section and installed in coordination with roofing work. 1.03 PROJECT CONDITIONS A. Coordinate work of this section with interfacing and adjoining work for proper sequencing of each installation. Ensure best possible weather re- sistance and durability of work and protection of materials and finishes. PART 2 -PRODUCTS 2.01 SHEET METAL FLASHING AND TRIM MATERIALS A. Galvanized Steel: Commercial quality 24 gage. B. Lead: ASTM B 749, Type L51121, copper-bearing sheet lead, minimum 4 lbs./sq. ft. (0.0625-inch thick) except not less than 6 lbs/sq. ft. (0.0937-inch thick) for burning (welding) unless otherwise indicated . . , f.., Revised 11/24/1 0 Contract No. 4030 Page 1 08 of 111 2.02 MISCELLANEOUS COMPONENTS A. Fasteners: Same metal as flashing/sheet metal or other non-corrosive metal as recommended by sheet manufacturer. Match finish of exposed heads with material being fastened. B. Bituminous Coating: SSPC -Paint 12, solvent-type bituminous mastic, nominally free of sulfur, compounded for 15-mil dry film thickness per coat. C. Mastic Sealant: Poly-isobutylene; non-hardening, non-skinning, non-dry- ing, non-migrating sealant. D. Elastomeric Sealant: Generic type recommended by manufacturer of metal and fabricator of components being sealed and complying with require- ments for joint sealants indicated. E. Adhesives: Type recommended by flashing sheet manufacturer for water- proof/weather-resistant seaming and adhesive application offlashing sheet. F. Paper Slip Sheet: 5-lb. rosin-sized building paper. G. Polyethylene Underlayment: Minimum 6-mil carbonated polyethylene film resistant to dE~cay when tested in accordance with ASTM E 154. H. Metal Accessories: Provide sheet metal clips, straps, anchoring devices, and similar accessory units as required for installation of work, matching or compatible wiith material being installed, non-corrosive, size and gauge re- quired for performance. I. Cast-Iron Drainage Boots: Gray iron castings of size and pattern indicated, ASTM A 48, bituminous shop-coated. J. Elastic Flash~ng Filler: Closed-cell polyethylene or other soft closed-cell material recommended by elastic flashing manufacturer as filler under flash- ing loops to ensure movement with minimum stress on flashing sheet. K. Roofing Cement: ASTM D 2822, asphaltic. 2.03 FABRICATED UNITS A. General Metal Fabrication: Shop-fabricate work to greatest extent possible. Comply with details shown and with applicable requirements of SMACNA "Architectural Sheet Metal Manual" and other recognized industry practices. Fabricate for waterproof and weather-resistant performance, with expan- sion provisions for running work, sufficient to permanently prevent leakage, damage, or deterioration of the work. Form work to fit substrates. Comply with material manufacturer instructions and recommendations for forming material. Form exposed sheet metal work without excessive oil-canning, ., ~+' Revised 11/24/10 Contract No. 4030 Page 1 09 of 111 buckling, and tool marks, true to line and levels indicated, with exposed edges folded back to form hems. B. Seams: Fabricate non-moving seams in sheet metal with flat-lock seams. For metal other than aluminum, tin edges to be seamed, form seams, and solder. Form aluminum seams with epoxy seam sealer; rivet joints for ad- ditional strength where required. C. Expansion Provisions: Where lapped or bayonet-type expansion provisions in work cannot be used or would not be sufficiently water/weatherproof, form expansion joints of intermeshing hooked flanges, not less than 1 inch deep, filled with mastic sealant (concealed within joints). D. Sealant Joints: Where movable, non-expansion type joints are indicated or required for proper performance of work, form metal to provide for proper installation of elastomeric sealant, in compliance with SMACNA standards. E. Separations: Provide for separation of metal from non-compatible metal or corrosive substrates by coating concealed surfaces at locations of contact, with bituminous coating or other permanent separation as recommended by manufacturer/fabricator. F. Shop Finish, Rain Drainage: Remove oil and debris from all copper rain drainage units (gutters, downspouts, and similar exposed units); clean as needed to provide installation of uniform, clean, shiny, and neat appear- ance. 2.04 ELASTIC EXPANSION JOINTS A. General: Provide factory-fabricated units of size and profile indicated, com- plete with prefabricated corner units, intersection units, and splicing materi- als. Provide complete with elastic sheet flashing forming the primary joint membrane, in a supported, "bellows" arrangement designed for securing to both sides of expansion joints. Underside of bellows insulated with adhe- sive-applied, flexible, closed-cell rubber or plastic not less than 3/8-inch thick. B. Type: Metal flanged edges, 3 to 4 inches wide, formed to profiles as indi- cated to fit curbs and designed for nailing to curb substrate. Provide metal flanges in the following thickness: 1. Galvanized : 24 gauge. ~, '-., Revised 11/24/10 Contract No. 4030 Page 11 0 of 111 PART 3 -EXECUTION 3.01 INSTALLATION REQUIREMENTS A. General: Except as otherwise indicated, comply with manufacturer's install lation instructions and recommendations and with SMACNA "Architectural Sheet Metal Manual." AnGhor 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. 3.02 CLEANING AND PROTECTION A. Clean exposed metal surfaces, removing substances that might cause cor- rosion of metal or deterioration of finishes. END OF SECTION ., '-+' Revised 11/24/10 Contract No. 4030 Page 111 of 111