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RAN Enterprises; 2017-05-19; PWS17-55TRAN
RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2019-0014493 111111111111 lllll lllll 111111111111111111111111111111 IIIII IIIII IIII IIII Jan 14, 2019 03:56 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr , SAN DIEGO COUNTY RECORDER FEES. $0 00 (SB2 Atkins $0 00) PAGES 1 Space above this line for Recorder's use. PARCEL NO: NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full names of the undersigned are 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 Dec. 10, 2017. 6. The name of the contractor for such work or improvement is RAN Enterprises, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Project No. 4718, City Hall Roof Replacement and HVAC Refurbishment. 8. The street address of said property is 1200 Carlsbad Village Dr. in the City of Carlsbad. 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 Manager of said City on / 20-1.1_, accepted the above described work as completed and ordered that N ice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on ,J).D• /lf , 20ll, at Carlsbad, California. CITY OF CARLSBAD ~jW'('po AQ& KJVe-u/~ ~ARBARA ENGLESON lr Lity Clerk Q:\Public Works\PW Common\CAPITAL-ACTIVE\4718 City Hall Roof Replacement & HVAC Refurbishment\HVAC and Roof Project 2017\NOC (Public and Private)-recreated 2018-12- 18.doc CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS RAN Enterprises, Inc. has completed the contract work required for Project No. 4718, City Hall Roof Replacement and HVAC Refurbishment. City forces have inspected the work and found it to be satisfactory. The work consisted of: IMPROVEMENTS VALUE Roof replacement and HVAC refurbishment $687,067 CERTIFICATION OF COMPLETION OF IMPROVEMENTS bate CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above described contract is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above described improvements. ~ Seo , ity Manager Date APPROVED AS TO FORM: CELIA BREWER, City Attorney By u~ Deputy City Attorney Q\Public Works\PW Common\CAPITAL-ACTIVE\4718 City Hall Roof Replacement & HVAC Refurbishment\HVAC and Roof Project 2017\API (Public Works) -revised 2018- 08-01.doc Project: 4718, City Hall Roof Replacement and HVAC Refurbishment Change Order No. 2 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 2 PROJECT: 4718, City Hall Roof Replacement and HVAC Refurbishment CONTRACT NO. 4718 P.O. NO. P134078 ACCOUNT NO. 3707000 9060 47181 9066 CONTRACTOR: RAN Enterprises, Inc. ADDRESS: 17202 Gothard Street, Unit 1 Huntington Beach, CA 92647 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: Furnish and install additional ductwork transitions and roofing as necessary to accommodate new HVAC equipment. Subject of contractor change order request 2R3. Value based on backup documentation provided by RAN to City Attorney. Item 2: Increase to Contract ....................................................................... $2,751.85 Credit for deletion of two duct smoke detectors. Subject of contractor change order request 3R1. Value based on backup documentation provided by RAN. Decrease to Contract. ...................................................................... ($651.20) Item 3: Furnish and install labor, equipment and materials for the replacement of two multi- zone dampers for AHU 1 and AHU 2. Subject of contractor change order request 6R1. Value based on backup documentation provided by RAN. Increase to Contract. ....................................................................... $7,775.00 Project: 4718, City Hall Roof Replacement and HVAC Refurbishment Change Order No. 2 Item 4: Item 5: Furnish and install labor, equipment and materials for the installation of condensate piping in the ceiling plenum of the city hall building to the lavatory waste pipe. Subject of contractor change order request 7. Increase to Contract.. ...................................................................... $1,224.00 Furnish and install labor, equipment and materials for the replacement of the ¾ inch conduit and No. 6 wire serving HP-1 and HP-2. Subject of contractor change order request 8. Increase to Contract .......................................................................... $683.00 Item 6: Credit for deletion of work scope associated with relocation and installation of exhaust fan with associated new roof opening, curb, ductwork, wiring, roofing patch, and reroofing of existing location. Subject of contractor change order request 12. Decrease to Contract.. .................................................................. ($3,000.00) Item 7: Furnish and install additional ductwork transitions in penthouses as necessary to accommodate new HVAC equipment and dampers. Subject of contractor change order request 13. Value based on backup documentation provided by RAN to City Attorney. Item 8: Item 9: Increase to Contract ....................................................................... $2,598.53 Furnish and install access panel in staff restroom for future access to pipe installation. Subject of contractor change order request 16. Increase to Contract ........................................................................ $500.00 Credit for deletion of work scope associated with 3rd party roof inspection work not provided by contractor. Subject of city proposed change order 7. Decrease to Contract .................................................................... ($4,500.00) Item 10: Credit for damages caused by failed workmanship and resulting pipe leakage. Repairs to damages were made by city staff. Repairs to piping were made by contractor. Decrease to Contact .................................................................... ($1,804.44) TOTAL INCREASE TO CONTRACT COST .................................................... $5,576.74 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL NOT BE INCREASED AS A RESULT OF THIS CHANGE ORDER. Project: 4718, City Hall Roof Replacement and HVAC Refurbishment Change Order No. 2 (DfTE) \.z, lZ{ \3 (DATE) APPROVED BY: UNILATERAL FINAN :£ DIRECTOR '?1J1A ~CITY MAN 12/5/2018 ) DATE) (.;2 17 /,~ (DATE) g-;.J.1B (DATE) DISTRIBUTION: PROJECT FILE (ORIGINAL), PURCHASING, CONTRACTOR CONTRACT DOCUMENTS TABLE OF CONTENTS 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 Non-collusion 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 5/10/16 Contract No. 4718 Page 2 of 130 Pages Section 1 1-1 1-2 1-3 1-4 1-5 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 TABLE OF CONTENTS Terms, Definitions Abbreviations and Symbols Terms.............................................................................................................. 40 Definitions.................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Units of Measure.......................................... .................................................... 45 Symbols........................................................................................... 45 Scope and Control of The Work Award and Execution of Contract................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Assignment.................................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Subcontracts................................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Contract Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Plans and Specifications.............................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Work to be Done.......................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Right-of-Way................................................ ... ......................... ........ ......... ....... 52 Authority of Board and Engineer.................. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Inspection.................................................... .................................................... 53 Changes in Work Changes Requested by the Contractor........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Changes Initiated by the Agency.................. .................................................... 54 Extra Work................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Changed Conditions . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 58 Disputed Work................................................................................................. 59 Control of Materials Materials and Workmanship............................................................................. 63 Materials Transportation, Handling and Storage............................................... 66 Utilities Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Removal.......................................................................................................... 67 Relocation.................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Delays.............................................................................................................. 68 Cooperation ................................................................................... :. . . . . . . . . . . . . . . . . 69 Prosecution, Progress and Acceptance of the Work Construction Schedule and Commencement of Work....................................... 70 Prosecution of Work..................................... .................................................... 74 Suspension of Work..................................... .................................................... 75 Default by Contractor................................... . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Termination of Contract................................ .................................................... 76 Delays and Extensions of Time.................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Time of Completion...................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Completion, Acceptance, and Warranty....... ........ ......... ........... ................... ..... 78 Liquidated Damages.................................... . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Use of Improvement During Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 79 {'\ • ., Revised 5/10/16 Contract No. 4718 Page 3 of 130 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 Section 8 8-1 8-2 8-3 8-4 Responsibilities of the Contractor Contractor's Equipment and Facilities.......... .................................................... 80 Labor............................................................................................................... 80 Liability Insurance . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Workers' Compensation Insurance.............. .................................................... 81 Permits............................................................................................................ 81 The Contractor's Representative.................. .................................................... 81 Cooperation and Collateral Work................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Project Site Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Protection and Restoration of Existing Improvements....................................... 84 Public Convenience and Safety .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Patent Fees or Royalties.............................. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Laws to be Observed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Antitrust Claims............................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Measurement and Payment Measurement of Quantities for Unit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Lump Sum Work.......................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Payment................................................................................................... 89 Bid Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 l' •+' Revised 5/10/16 Contract No. 4718 Page 4 of 130 Pages TECHNICAL SPECIFICATIONS TABLE OF CONTENTS DIVISION 01 -GENERAL REQUIREMENTS 01 11 00 SUMMARY ........................................................................................ 94 DIVISION 02 -EXISTING CONDITIONS 02 41 00 DEMOLITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 DIVISION 07 -THERMAL AND MOISTURE PROTECTION 07 13 54 07 51 00 07 62 00 THERMOPLASTIC SHEET WATERPROOFING ....................................... 102 BUlL T UP BITUMINOUS ROOFING .. ..... ... .. .... .. ..... ... ..... .. ...... ..... ... ... ..... 112 SHEET METAL FLASHING AND TRIM.................................................. 119 DIVISION 15-HEATING, REFRIGERATING AND AIR CONDITIONING (See drawings) APPENDIX APPENDIX A City Warranty Form for Execution by Manufacturer and Contractor l' •fi' Revised 5/1 0/16 Contract No. 4718 Page 5 of 130 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 2:00 P.M. on January 25, 2017, 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, following which time they will be opened and read, for performing the work as follows: City Hall Roof Replacement and HVAC Refurbishment at Carlsbad City Hall, 1200 Carlsbad Village Drive, Carlsbad, California 92008. CITY HALL ROOF REPLACEMENT AND HVAC REFURBISHMENT CONTRACT NO. 4718 BID NO. PWS17-55TRAN 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 (see page 1 0). 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 (10) 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 Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The es- crow 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, general provisions, and technical spec- ifications as approved by the City Council of the City of Carlsbad on file with the Public Works Depart- ment. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. 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 Proposal 2. Bidder's Bond 3. Non-collusion Declaration {'\ •f' Revised 5/10/16 Contract No. 4718 Page 6 of 130 Pages 4. Designation of Subcontractor and Amount of 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 for the scope of work is $400,000. 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. SPECIAL TV 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. The contractor shall state their license number, expiration date and classifi- cation in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: Classification B C-20 C-39 ESCROW AGREEMENT Description General Building Warm Air Heating, Ventilating and Air Conditioning Roofing 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, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $50.00 per set. 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 of the City of Carlsbad except as hereinbefore specified. ('\ •+' Revised 5/1 0/16 Contract No. 4718 Page 7 of 130 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 con- 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. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and mak- ing them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. Legible copies of certified payroll records are required to be submitted with payment application. PRE BID MEETING A MANDATORY pre-bid meeting and tour of the project site will be held at 11 :00 AM on January 11, 2017 at 1200 Carlsbad Village Drive, Carlsbad, California, 92008. 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 this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. 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. {'\ • ., Revised 5/10/16 Contract No. 4718 Page 8 of 130 Pages ·• 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 (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to 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 contract. 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 be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2016-240, adopted on the 131h day of December, 2016. December 14, 2016 Date Deputy City Clerk l' •+' Revised 5/1 0/16 Contract No. 4718 Page 9 of 130 Pages CPZNEO, WITNESSED ANC P.ECOrm:.:D: ' i t /, ~ 12 c::::;M-.,...____1 CITY OF CARLSBtDnA1£¥' 51~~ CITY HALL ROOF REPLACEMENT AND HVAC REFURBISHMENT CONTRACT NO. 4718 City Council City of Carlsbad CONTRACTOR'S PROPOSAL 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Technical Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 4718 in accordance with the Plans, Technical Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take as full payment for the work the total bid value for this work -the major components of which are listed and totaled below: SCHEDULE "A"-Roofing and Framing Item Description Quantity Unit A-1 General Conditions L.S. A-2 Gravel removal L.S. A-3 Scupper installation 12 $ ~0 A-4 Flashing work L.S. A-5 Spray applied roofing ~sf $ 3.4! A-6 Penthouse roofing 2 $ giDo A-7 1 year contractor guarantee 1 (from each contractor) A-8 15 year roof manufacturer's 1 warranty SCHEDULE "B" -HVAC an~ Electrical Item Description B-1 General Conditions B-2 HVAC equipment at Council Chambers l'\ .... Revised 5/1 0/16 Quantity Unit L.S. 4 Contract No. 4718 Value $ '1-, QOO -~ , & $ ~ 9 J~U.)· • $ ~t 4-()o.~ CJ i) ')C .:~ $ l l. " 16c;: 3uo. ~ $ 419oo · '~ $ ~ $ } OiY' · 'rp l -...~ • ' $ 6, 9Jo-#- ) Value ·. ~ $ 6o J ccc.-~ • rJO $ tJoJ f)I)O • ~ I Page 10 of 130 Pages ,,· '"' B-3 Sheet metal curb caps 2 $ l, qoo B-4 Temporary AC units L.S. B-5 New rubber pipe blocks L.S. B-6 HVAC demolition 2 $ \ '£ 0 oo B-7 Penthouse roof demo 2 $ f ~~ ~00 B-8 HVAC equipment in 2 penthouses $ lj~f}()() B-9 Penthouse roofing repair 2 $ 1},£oo . B-10 HVAC start-up and 2 $ 1, 'itlo commissioning B-11 AHU test and balance 2 $ bt ~00 B-12 Thermostat installation L.S. Total amount of bid in numbers for Schedule "A": $ £ I tj, 4 9 () ·:A# ' Total amount of bid in words for Schedule "B": ·FouJL HiKvl~ SiYf-j -1"(.(Je-- ,-fro,.w\nl J d.eJ RJ(J;\1\ vn d 0 (I ov (;/nl7} Total amount of bid in numbers for Schedule "B": $ it. 6 9.. J OC() • ~B ' Total amount of bid in words including Schedule "A" and Schedule "8": 5 i )( J1 l.Vn~~ Gt~l;j 011t: ~arnJ f~ W~J/ltJ~')d.oetb,y t»~J 0/loc .. ~ ' <-6-o a (,'10 Total amount of bid in numbers including Schedule "A" and Schedule "B": $ ~ l I 4 JO • ~ The basis of award will be the sum of Schedule "A" and "B" unless bids for Schedule "B" are rejected, in which case the basis of award will be Schedule "A" only. Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). 1 , /l. • has/have been received and is/are included in this proposal. {'\ ..... Revised 5/10/16 Contract No. 4718 Page 11 of 130 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 th~apijCllY gf a contractor within the State of California, validly licensed under license~ number I i<. -..,._7 4 , classification B 4 (., -/la which expires on 4/ '""; o l12c t'f , 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. Accompanying this proposal is 1? i.tl B~ tf Cashier's Check) for ten percent ( 1 0%) of the amount bid. (Cash, Certified Check, Bond or 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 5/1 0/16 Contract No. 4718 Page 12 of 130 Pages IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE: (1) Name under which business is conducted (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State--------------------------- (4) Zip Code ________ Telephone No.--...,....------------ (5) E-Mail ___________________ _ IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted _________________ _ (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business----------,-,,------,--,.,.--.,.--.,.------------- (Street and Number) City and State-------------------------- (4) Zip Code--------Telephone No.-------------- (5) E-Mail ___________________ _ l' •+' Revised 5/1 0/16 Contract No. 4718 Page 13 of 130 Pages IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of {t:.l i;j&vr-t:l. (4) Place of Business 1'1 Jo 9.. {).c;/:hMc1 S 1:-. ~.!A: ;tj d (Street and Number) City and State ' HUn ft;y¥3/cm e. ett-cJ, I {A s 9-b 4 7- (5) Zip Code 99 G 4 f Telephone No. (?I 4) 36 !J ··· ?l!to (6) E-Mail ----""}:_;_h,;,...:_t....::.e_n.:..._Jc-t"<!;}::...;.,_ · ~&_-v_h____:_tt_"11,;,___:;;e_. ··n:....::.· ~1:--· _w-m__;;·: _· · ---'---- NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED 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: ~qg€A Ab;·'niJclRh.. Pn~c.&nt-a.,.,d S'ec:nelc~ ·~ _AJ,,/no.eti,'L /illt~ ,/AA-t:vh~# l' • ., Revised 5/10/16 Contract No. 4718 Page 14 of 130 Pages ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _____ o_ra_n_g_e ______ ) before me Susan Catherine Hicks, Notary Public '--------------------------------------(insert name and title of the officer) personally appeared '-th 1 ~"rt:i Abi~.e_fl-, who proved to me on the basis of slit1sfactory ev1dence to be the person(s) whose name(s) 1s/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing ""-•·~ paragraph is true and correct. WITNESS my hand and official seal. Signature __ ::;;;;;? __ -=>_-_.----__ _Jf/A~-~-;_ _-_-:._-:_-:._ (Seal) BID SECURITY FORM (Check to Accompany Bid) CITY HALL ROOF REPLACEMENT AND HVAC REFURBISHMENT CONTRACT NO. 4718 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashier's check payable to the order of CITY OF CARLSBAD, in the sum of ________________________ _ ---------------------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 inapplicab:e 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 (1 0%) of the total amount of the bid.) l' .... Revised 5/1 0/16 Contract No. 4718 Page 15 of 130 Pages BIDDERiS BONO f() ACCOMPANY PROPOSAL CITY HALL ROOF REPLACEMENT AND HVAC REFURBISHMENT CONTRACT NO. 4718 KNOW ALL PERSONS BY THESE PRESENTS: That we, RAN Enterprises, Inc. , as Principal, and Developers Surety and Indemnity Comp9ny as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount) Ten Percent of Amount Bid for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: CITY HALL ROOF REPLACEMENT AND HVAC REFURBISHMENT CONTRACT NO. 4718 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. l' •+' Revised 5/i 0/16 Contract No. 4718 Page 16 of 130 Pages In the event Principal executed this bond a.s a.n Individual, it is agreed that the death of Principal-shall not exonerate the Surety from its obligations under this bond. 11 J Lh Executed by PRINCIPAL this t;;... li · day of January , 20_!Z_. PRINCIPAL: RAN Enterprises, Inc. (print name h~ ) /··1 ·ro(}.:;~Jv.A ./ ::{ t~·JY~it (Title and Organi~atiory f Signatory) ... .f"\;~// By: !j .·· (sig~here) .:'/ _.; l ~,\A(/JJ .. t< .0~·\ ~ (pnnf ne here) -, . t;> ta7 ;) {_lli~ ad \bu ei~t~ (title and organization of signatory) Executed by SURETY this _ _;.1-"-6t~h ___ day of January , 20 1Z_ SURETY: Developers Surety and Indemnity Company (name of Surety) 500 S. Kraemer Blvd., #300 Brea, CA 92821 (address of Surety) (714) 784-0053 ------- (telephon~f Surety) By:~~ (signature of Attorney-in-Fact) Frank Morones (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY 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 sec- retary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Ld'~ Deputy City Attorney -s--r.-,,_ 11-¥--~t~ .( if2-S11 -=t- ~, ~+" Revised 5/1 0/16 Contract No. 4718 Page 17 of 130 Pages "··· ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _____ o_r_an_g_e _____ _ before me Susan Catherine Hicks, Notary Public ·--~--------------------~-----------(insert name and title of the officer) personally appeared '-~\'"·· <e..'L.~l Ab1M.J...u ·· , who proved to tne on the basis of s t1sfactory evidence to be the person(s) whose name(s) 1s/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ::::::==:-;:--/ /,.. Signature _ _:_::-::::==--....:-=:_...t(~/12.L:::==== (Seal) r ---S~-;;~;R;;E ~IC;s1 ~ COMMISSION# 2092261 3 Notary Public -California Sf ~ ORANGE COUNTY - • • w w ~ c:m ,!'P:s ';:c !: 2:aj PdWi:ffOF AliORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 "-KNOWALLBYTHESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Frank Morones*** as their true and lawful Atlorney(s)-in-Fact, lo make, execute, deHver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or properto be done in connection therewith as each of said corporations could do, but reserving to each of said corporations fuJi power of substitution and revocation. and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice-President Senior Vice-President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the a\torney(s) named In the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and .each of them hereby is, authorized to attest .the execution of any such Power of Attorney;· RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimife signatures shall be vaffd and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. State of California County of Orange On ·----'M""a=y 23. 2013 Date before me, ·------~-_.._!:G::~in~a'-"L~. G~a~r,_,ner?•:-"N,o:"'ta'-'ry~P:":u::'bt,ic ____ ~-----·--···------ Here Insert Name and Title of tne Officer personalty appeared ________ __;_ ___________ _:D~a~ni:!:ei~Y.~o::::un.:ljg~a~nd::..G:::-r:::;eg;,;9:z..:N":.coO:::k=ura.o:-____ _ Name(s) of Signer(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s} whose n~me(s) is/are subscri~d to the.within instrument and acknowledged to me that he/she/they executed the same 111 hrs/herlthe1r authonzed capacity(ies). and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of whi.ch the person(s) acted, executed the instrument. t certify under PENALTY OF PERJURY under the laws of the State of California that 111e foregoing paragraph is true and correct. Signature-----·· L_ • ;t~ ~ ·----~~~--- WITNESS my hand and official seal. Gina L. Garner, Notary Public CERTIFICATE nie undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPA~_Y or INDEMNITY COMPANY OF C~LIFORNIA, does hereby certify tl\al the foregoing Power of Attorney remains in full force and has not been revoked and, ltlrthermore, that the prov1s1ons of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the qty of Irvine. California, thfs 16th day of January, 2p17 MarK J_lansdon, Assistant Secretary lb·1380(Rev.05/13) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Counzyof,_O_r_a,n~ge ________________ __ On . \ Jt It / "2-0 l7 before me, _____ L_.::.y_nn_A_._S_Io_n_e-'-, _N_ot_a-=.ry_P_u_b_lic _______ , 1 Date Here Insert Name and Title of the Officer personally appeared ____________ F_r_a_n_k_M_o_r_o_n_e_s ___________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person($l whose name~ is/ar-e subscribed to the within instrument and acknowledged to me that he.tsf:lel.the;t executed the same in hisfherftheir authorized capacity{ies), and that by his/herfthetr signature(~ on the instrument the person(~, or the entity upon behalf of which the person(~ acted, executed the instrument. LYNN A. SLONE Notary Public -California z < Orange County ~ ~ Commission# 2134740 .. J. • · ~ • • 4Ml ~om"!· :,x~r:,s ge; L6}&1 ~( Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ----------------------------oPTIONAL---------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer{s) Signer's Name: ___________ _ Signer's Name:---------------- U Corporate Officer -Title(s): _______ _ [] Corporate Officer -Title(s): ________ _ r::::: Partner -U Limited [] General U Partner -[J Limited [J General C! Individual U Attorney in Fact C! Individual Cj Attorney in Fact Cl Trustee CJ Guardian or Conservator [J Trustee CJ Guardian or Conservator [J Other:---------------C::J Other: ---------------Signer Is Representing: _________ _ Signer Is Representing: ________ _ -·----.:.~~ ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Corporate Resolution of: RAN Enterprises, Inc .. We, the undersigned, being all the directors of this Corporation consent and agree that the following corporate resolution was made on January 8, 2013 at 12:00 p.m. at 17621 Sampson Lane, Huntington Beach, CA 92647. We do hereby consent to the adoption ofthe following as if it was adopted at a regularly called meeting of the board of directors of this Corporation. In accordance with California State law and the bylaws of this Corporation, by unanimous consent, the board of directors decided that: A. Tt is in the best interest of the Corporation to appoint certain officers for the Corporation with full capacity to sign on behalf of the Corporation. Therefore, it is RESOLVED, that: TI-IIERR Y ABINADER is hereby appointed as TREAS1.JRER 0f this Corporation; The TREASURER is hereby authorized to sign on behalf of the Corporation in its full capacity, any contracts, fonns, bonds or other documents related to the business of the Corporation. The officers of this Corporation are authorized to perform the acts to carry out this corporate resolution. Dir ·tor signature ~tme Director signahrre ___ .Roger Abinader ____ _ Printed name ___ · ___ Thierry Abinader ____ _ Printed name --·--·-·------Printed name Certificate 01108/2013 Date 01/08/2013 Date Date The undersigned hereby certifies that he/she is the duly elected and qualified Secretary and the custodian of the books and records and seal of RAN Enterprises, Inc., a corporation duly formed pursuant to the laws of the state of California and that the foregoing is a true record of a resolution duly adopted at a meeting of the Board of Directors and that said meeting was held in accordance with state law and the Bylaws of the above"named Corporation on January 8, 20 13, and that said resolution is now in full force and effect without modification or rescission. 2 Corporate Resolution-Appointment of Treasurer-RAN Enterprises, Inc. IN WITNESS WHEREOF, I have executed my name as Secretary and have hereunto affixed the corporate seal ofv~n this 8th day of January 2013. ~ ----------0110812013 Signat~ary Date Roger Abinader ____ _ Printed name of Secretary 3 Corporate Resolution-Appointment of Treasurer-RAN Enterprises, Inc. 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 75 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 ($10,000) 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 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 (25%) 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 5/10/16 Contract No. 4718 Page 18 of 130 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 5/1 0/16 Contract No. 4718 Page 19 of 130 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) CITY HALL ROOF REPLACEMENT AND HVAC REFURBISHMENT CONTRACT NO. 4718 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 Name Phone No. DIR Subcontractor's Portion of and and Email Registration License No. and Work by Work Subcontractor Location of Business Address No. Classification in Dollars* r-f,,tArt.tJ u_, (. tPol' fAU_ ( '3t;"ll.:t4 9.-1' ·~ ~ iOCiJ(.'~j..f!JL ~' 14 bi_L 1 J6 ot>o ft/t,X 4 9 /..0~'!/hn._ J)A. iU ell t/M..c -itO /"-(C) M~v~.9~~'1 i.itthol)~ ~~'-;f l.V\ ~.,..., ().-h~ --r "}-\ l . t 9.:; nu 19 . tJ ;c; lccooc -1-~)..~ &7~46Li1-I C., I Ova P·o. l)o.,.., 9-4 ex; r_,J.ambi w,.J ·h1f 4 '"% c..-- 'cbtc·Y!'t 1 (lr ~JLJ.£-1 AOL-LI)Tr ·Pt4JI/yt 0. ~ t)Q h; IY'l ~ ( 0 1(~.;1} ~!,-0'-''~ tcJ 1.klJ ~~~-;t bc;o 6o4 # f c;,Q(-'7) , ......... t.Tf1 in ? ' ~-f?i/(}.NN 5l-. J11 bl,..w • .;u ( o CA.f> r--;;, ~llV11... <4 351.£1-9 ( (i) o.o e . u;-n... ('1)'?1 f~ll\ ·';h ........ I ·s·~ :r""' •. ((,S3)~~~1o.J lucvoo '14 4a ':) & Ollf~ /91 c)I..'V' P ·0 . t'Jcu< q 'Co 1'"a. i)c.IM(~~ 'IFP (-9-o , 1" .n.Riku.,.,.. At ~ '-? J t;"J IJ~~~ / 1-'tO~~Nu. 3t5'f { ~1-... 'td!!l?d Se-t«~ 7--nr. ~toH9l-b 5-61 4t'f'!J ::1..63 "~""' 'J 0 I ~ tJ i.1 ~. Jf~~yr~ AYt ~Hktb&~ ~ IODOOCf.' t;6) J !/. I ')-h '*") - t'rvr~ t. A 3 o .9-!J J ~~-~oi(DI., I Page _L of L pages of this Subcontractor Designation form • Pursuant to section 4104 (a)(3)(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." Bid No. PWS17-55TRAN Addendum No. 1 A. BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CITY HALL ROOF REPLACEMENT AND HVAC REFURBISHMENT CONTRACT NO. 4718 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 Name and Address Name and Phone No. Amount Contract of the Employer of Person to Type of Work of Completed Contract Contract 19/~(~14 t.h~~fllrt }~~ . }. .. .....,_ ibvid ~~ JAV/+( ~ (@lfit;.L ,~4 :iS 9PV'7,..,>1· (') ·n t(..ll) iO u1-{ c.? q-r) ~~ 3 -~~{,f) p . 9/19/9ot4 ~•OIL-!~~4 (»w/:J jW;t/~ 1"'11"....,....,..#"\ IJ ?f'1 o.cA 6-·t.v" ~ u..~ l--f Vl~ C ~ StJJkt, :19t4, 999. ' 19 J 'i A.AOAilc-1: )l·. 'o. "v'''"'";_pl.t < 4 ( 9 c;r } ~<75" -Tiho~~ ~l.,oL, 1(}/) f(CJo 19 )JcJ 1 p/Y\1{. (..(,;.ugutJ s· P. JAcm~ ~~ JAl/AC, ~'"'~ 11,tJC)4 I) 1% ol.) ., ,..wu.. ;J_ t4U-~ J. ( fwc;) :51) ·9-ll b~ ( ;??twJ;-" I 'n ··" "' o/J./lk r {i/11}/9oi ~ ~~ \JIWO?, J1 J. /).~4-~ IAV4c q cer~ l f) 96'b ~ II Ji."' ;:1 .j...,..~ A'f/.2.-,;·p· ll.l().... • ,1.· (61 ~) 64Lt-bv<;:J. 19/1 I !CJ>tJL I~ 1 &J.u_,j1Af UvJA.-l)t?f.ll:.tf 0~~~ ~ i1Vf+( i y l,.f\~ / IJ_ A '1(; . l.~ { It f&.;U ()I~~ i::r<l-t.~~..L. · ti. (/l (f-14} .,:Ji .. >9-it ""U .,// lo/6Jo ic; IL't: ~~~ ~,;.,u.· , J ( ... loJ I · ·<J. fi,o blvtJ-~i.e t,/W JAVA( 4 1fbv 1 9'i D.. 16 ,) (J ~ t~r-(.11\.t l"lv· ()IV )66-v-~? 5~) ~~f~~ ... 1~ (9 -l' •+' Revised 5/10/16 Contract No. 4718 Page 21 of 130 Pages ' BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) CITY HALL ROOF REPLACEMENT AND HVAC REFURBISHMENT CONTRACT NO. 4718 As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: D Comprehensive General Liability D Automobile Liability D Workers Compensation D 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 anrl 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 on site or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. l' •+f Revised 5/1 0/16 Contract No. 4718 Page 22 of 130 Pages Loss Analysis Report 9052531-2016 RAN ENTERPRISES, INC 6371 ROYAL GROVE DR, HUNTINGTON BEACH, CA 92648 ~' Ad hoc report produced on 12-06-2016 Servicing District Inception Date 05-23-2016 Expiration Date 05-23-2017. A.R.D --- District Office SP-SANTA ANA Cancellation Code Active Quote ID 800307064 Quote Type OMS- Name Santa Ana District Office SP Address 1750 East Fourth Street Santa Ana, CA 92705 Phone Number (714) 565-5995 Totals il:i' Both Open and Closed Claims, Both Disability and Non-disability Claims for year 2016 Claims Costs Open 0 Paid Compensation $0 Closed 0 Paid Medical $0 Policy Year 2016 Total 0 Total Paid $0 Estimated Annual $8,866 Disability 0 Estimated Compensation $0 Current Experience Mod Nero-Disability 0 Estimated Medical $0 Governing Class 5542 ( 1 ) Litigated 0 Total Estimated/Incurred $0 Copyright (c) 2000-2016 State Compensation Insurance Fund. policy 9052531-2016 Page 1 of 1 printed on: 12-06-2016 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) CITY HALL ROOF REPLACEMENT AND HVAC REFURBISHMENT CONTRACT NO. 4718 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debar- ment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: nAN E-rJ~, .~/"Y)i. (na of Contractor) By: ~ (si ere) "117iorh~ }tbi?Jatlu 1'~/M~"j""' (print~ e/title) Page __ i _ of _f _ pages of this Re Debarment form l'\ •ii' Revised 5/1 0/16 Contract No. 4718 Page 23 of 130 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CITY HALL ROOF REPLACEMENT AND HVAC REFURBISHMENT CONTRACT NO. 4718 Contractors are required by law to be licensed and regulated oy the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 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? _L 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? yes 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever 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_(_ of _2_ pages of this Disclosure of Discipline form l'\ • ., Revised 5/10/16 Contract No. 4718 Page 24 of 130 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CITY HALL ROOF REPLACEMENT AND HVAC REFURBISHMENT CONTRACT NO. 4718 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: 21 AJU E /y) 6?:tf.~ 1 /}'?( . (name of Contractor) By -~ Af,~{l/, (sign here) .... /,/Jt(:'9t1-<A;l; Jh; 11A:c.l,v., 1 1\Q_:) .. ~·t.II\U / M!J,nt~ (print n~ /title) Page J of 5J:-pages of this Disclosure of Discipline form l" •+' Revised 5/10/16 Contract No. 4718 Page 25 of 130 Pages NON-COLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 CITY HALL ROOF REPLACEMENT AND i-IVAC REFURBISHMENT CONTRACT NO. 4718 The undersigned declares: 1: . ;J: ')'1 ( ~ 1 am the1~/ off)jftJ c~b-.tfV":'fne party making the foregoing bid. /U~.tA The bid is not mMle in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged infor- mation or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California hat ~e foregoing is true , and correct and that this declaration is executed on *' , 20.J1_ at j)twll--vn4l"tnl Bea.G.h [city], (. A [state]. () Si~ l' • ., Revised 5/10/16 Contract No. 4718 Page 26 of 130 Pages January 11, 2017 ADDENDUM NO. 1 (_City of Carlsbad RE: CITY HALL ROOF REPLACEMENT & HVAC REFURBISHMENT, PROJECT NO.: 4718 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. . This addendum--receipt acknowledged--must be included to your bid when your bid is submitted. GRAHAM JORDAN Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's Signa Public Worl<s Contract Administration 1635 Faraday Avenue I Carlsbad, CA 92008 ! 760-602-4677 t January 19, 2017 ADDENDUM NO. 2 (City of Carlsbad RE: CITY HALL ROOF REPLACEMENT & HVAC REFURBISHMENT, PROJECT NO.: 4718 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum--receipt acknowledged--must be included to your bid when your bid is submitted. GRAHAM JORDAN Contract Administrator I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 Bidder's Signature C~ Public Works Contract Administration 1635 Faraday Avenue !.carlsbad, CA 92008 I 760-602-4677 t CONTRACT PUBLIC WORKS This agreement is made this J9ff:J day of _......:....~,__.s.....L.~.-------::---:---::----::--' 20 /1, by and between the City of Carlsbad, California, a municip corp ton, (hereinafter called "City"), and RAN Enterprises. Inc. whose principal place of business is 172 Gothard St. Unit# 1. Huntington Beach. CA 92647 hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: CITY HALL ROOF REPLACEMENT AND HVAC REFURBISHMENT CONTRACT NO. 4718 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equip- ment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Non-collusion Declaration, Designation of Subcontractors, Technical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifi- cations and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incor- porated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indi- cated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 8-3 PAYMENT of the General Provisions section of this contract. The Engineer will estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any infor- mation that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as ('\ •+' Revised 5/1 0/16 Contract No. 4718 Page 27 of 130 Pages thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 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 nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time 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. Contractor shall comply with California Labor Code, section 1776, which generally requires keeping accurate payroll records, verifying and certifying pay- roll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. 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 l'\ • ., Revised 5/10/16 Contract No. 4718 Page 28 of 130 Pages 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. 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 sep- arate 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 vehicle 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' compensa- tion limits as required by the Labor Code of the State of California and Employers' Lia- bility limits of $1 ,000,000 per incident. Workers' compensation offered by the State Com- pensation Insurance Fund is acceptable to the City. B. Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Lia- bility 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; products 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 addi- tional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and em- ployers' 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 in- surance and shall not contribute with it. {'\ •+' Revised 5/10/16 Contract No. 4718 Page 29 of 130 Pages 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. C. Notice Of Cancellation. Each insurance policy required by this agreement shall be en- dorsed to state that coverage shall not be non-renewed, 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 re- spects the City, its officials and employees; or the contractor shall procure a bond guaran- teeing payment of losses and related investigation, claim administration and defense ex- penses. E. Waiver Of Subrogation. All policies of insurance required under this agreement shall con- tain 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 subcontractors shall be subject to all of the requirements stated herein. G. Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evi- denced 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 en- dorsements 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 ap- proved 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. {'\ •+' Revised 5/1 0/16 Contract No. 4718 Page 30 of 130 Pages A. Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. B. False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. C. Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. D. Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. E. Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contrac- tor 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 refer- ence. 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 sub- contractor 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 abov~ init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. 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 {'\ •+' Revised 5/10/16 Contract No. 4718 Page 31 of 130 Pages 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 included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CITY OF CARLSBAD a municipal corporation of the State of Cal o · 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 City Attorney By: ~ Deputy City Attorney {'\ • ., Revised 5/10/16 Contract No. 4718 Page 32 of 130 Pages ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange on fY\:uc-L 3o 2017 before me, Lea M Laskowski, Notary Public personally appeared .K e .. b,nt4J..u etA.-el --rh •" t{ A b,n.,~d -iA , who proved to me on the sis of satisfactory evidence to be t e perso s whose name@ ~/are subscribed to the within instrument and acknowledged to me thaf l}itsjfe/they executed the same in hji/he;/t~~ir authorized capacitytleS))and that by his?her/tb_eir signatur~n the instrument the perso~or the entity up~n be~f which the persor(~cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Bond #380826-P LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2017-040, adopted March 14, 2017, has awarded to RAN Enterprises, Inc. (hereinafter designated as the "Principal"), a Contract for: CITY HALL ROOF REPLACEMENT AND HVAC REFURBISHMENT CONTRACT NO. 4718 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, RAN Enterprises, Inc., as Principal, (hereinafter designated as the "Contractor"), and Developers Surety and Indemnity Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of SIX HUNDRED EIGHTY ONE THOUSAND FOUR HUNDRED NINETY DOLLARS AND ZERO CENTS ($681.490.00), said sum being an amount equal to: One hundred percent (1 00%) 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 5/1 0/16 Contract No. 4718 Page 33 of 130 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this ___ _ dayof __________ ,20 __ _ CONTRACTOR: RAN Enterprises, Inc. (name of Contractor) By~ . . (s1gn here) K~g~ t!b ~ 'A.Q~~ (pnnt name here) pr~;Ufs~~ (title and organization of signatory) By~ P!Jlrr)d.Rk (s1gn here) --[F)~Ydt q AbitJ?Me h (title and organizatiOflfSignatory) Executed by SURETY this __ 2_7_th __ day of March ' 20__!2__. SURETY: Developers Surety and Indemnity Comnany (name of Surety) 02614 (714) 831-2495 ~ne number of Surety) By:~~ (signature of Attorney-in-Fact) Frank Morones (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: ~~ Deputy City Attorney f.''\ • ., Revised 5/1 0/16 Contract No. 4718 Page 34 of 130 Pages ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange 2017 before me, Lea M Laskowski, Notary Public personally appeared r.f<oc. ~, Ab.(")ttd..M A i ,q A b ,()a.tLu who proved to me on the 15asis of satisfactory evidence to be he perso s whose nam~ i'/fare subscribed to the within instrument and acknowledged to me that ~/s.Pt'8/they executed the same in tyS/~r/their authorized capacity~ and that by ~/~rltheir signatur~ on the instrument the perso~or the entity upon behalf of which the persor@)cted, executed the instrument. . . I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) POWER OF ATIORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY fHESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNil Y COMPANY OF CALIFORNIA, do eactl hereby make, constitute and appoint: ***Frank Morones*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations. as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as ench of said r.orporations could do. but reserving to each of said corporations full power of substitution and revorA~tion. and all of the acts of said Attorm>y(s)-in-Fnct. pursuant to these presents, are hereby ratified and confirmed. Th1s Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SUI~ETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED. that a combination of any two of the Chairman of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice President of the corporations be. and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations. bonds. undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is. authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of sucll officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond. undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by ::"~;:::;'''~~:~'"':"~'''""''~••o•i::.~~~;;~=-:: 2011. Dame! Y~ung. Senior Vice-President -j·~ :: ~"'=·· oY.P01!1r."·.~~-:. -::.··:# ~0\~:, .Q~ -~~ :ocf 1936 l~: £_ __ ~ __ ,/ \ ~}., QA ~./§ J By Mark LanSdon, Vice-Presid;;;;!·------==------·----•• •• ~~g;!f.~~-4'6/ State of California County of Orange ,.,,~,, * ,, ......... ''••u••t•' A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness. accuracy, or validity of that document On ______ ______Eebl]_~_ry_§,j.QJl__ _______ before me, ---------------·--·---·-----~.IJJ;i[e Ray'11QD_\U:-1.9JllfYl'y\)Jj_q_______ ------···----------___ _ Date Hare lnwrt Name and Titla of tho OffiCer personally appeared ------------------------------------~_niel Y_Q~.!}!l21}Q__M!!Ii LansQ_QD ___________________ _ LUCILLE RAYMOND Commission# 2081945 Notary Public • California Oran;e County Comm. Ex ires Oct 13, 2018 Place Notary Seal Above Name(s) of SignO<(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher~hl'lir authori?erl capacity(ies), and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. :::::::my hood '"''""'''"'l;i~~~- CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 27th day of March, 2017, ATS-1002 (02/17) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California county of _O_ra_n..::::g_e ________ _ On 3 J 2.-1_ J 2-a (7 before me, ____ L-"-yn_n_A_._S_Io_n-'e,_N_o_ta-'ry'-P_u_b_lic ______ _ ~ date Here Insert Name and Title of the Officer personally appeared _____________ F_ra_n_k_M_o_ro_n_e_s ___________ _ Name{s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(~ whose name~ is/ar-e subscribed to the within instrument and acknowledged to me that hek;Ael-t-Re;t executed the same in hisfherfthe+r-authorized capacityfjes), and that by his/herfthetr signature(~ on the instrument the person(~. or the entity upon behalf of which the person(~ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above ----------------------------oPTIONAL---------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies} Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ Corporate Officer -Title{s): ______ _ Corporate Officer -Title(s): ______ _ ·••••• Partner -...... Limited General •• Partner -•••••· Limited General ••••·• Individual ~· Attorney in Fact · · Individual Attorney in Fact Trustee -Guardian or Conservator Trustee Guardian or Conservator ·····• Other: ---------------Other: --------------Signer Is Representing: _________ _ Signer Is Representing: ________ _ .~xgv~~~~~~~~ ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Bond /!380826-P FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2017-040, adopted March 14, 2017, has awarded to RAN Enterprises, Inc. (hereinafter designated as the "Principal"), a Contract for: CITY HALL ROOF REPLACEMENT AND HVAC REFURBISHMENT CONTRACT NO. 4718 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, RAN Enterprises, Inc., as Principal, (hereinafter designated as the "Contractor"), and Developers Surety and Indemnity Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of SIX HUNDRED EIGHTY ONE THOUSAND FOUR HUNDRED NINETY DOLLARS AND ZERO CENTS ($681.490.00), 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 5/1 0/16 Contract No. 4718 Page 35 of 130 Pages ... ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of _____ O_ra_n_:g_e ______ ) On ---'-'-A-f-'F-'-i_._l ___.:.'-=-o+-1 -=-~-=-o.!...r'f-..:...__ __ before me, Susan Catherine Hicks, Notary Public (insert name and title of the officer) personally appeared 'Ro .e.1-J\bi,.,.J~ ~~~,.. b,IV\.JeJL. who proved to me on the b is of satisfacto evidence to e the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. -----__ .......___.--f ~ •.• : • .,. • S. USAN CAT.HERI.NE_H· IC .. K. S --COMMISSION# 2092261 3 i _ Notary PqbliG • california [ "! ORANGE COON;N j My ,ComM E•plfeS Dec '\6 2018t , ... --:::0--.-- Signature ---=5~:::::::___-==:=-.J..U4=L==~..) (Seal) ... ' In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this ___ _ day of ________ , 20 __ CONTRACTOR: RAN Enterprises, Inc. (name of Contractor) By~ . (s1gn here) ~dif Psb1 u._aJ e...-- (pnnt name here) (s1gn here) "JFlicn~ )b; 1Jttd eJt- Executed by SURETY this __ 2_7t_h __ day of March 20 17 --------------' -- SURETY: Developers Surety and Indemnity Comnanv (name of Surety) 17771 Cowan #100, Irvine, Ca 92614 (address of Surety) (714) 831-2/f95 (telephone number of Surety) By:----:-4--lc~~~-~..,.--- (signature of Attorney-in-Fact) Frank Morones (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by CONTRACTOR and SURETY must be attached.) Sc-.. ~d-« "'f(lo(rT- (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 sec- retary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Deputy City Attorney {'\ • ., Revised 5/1 0/16 Contract No. 4718 Page 36 of 130 Pages POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL BY fHE:Sf: PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Frank Morones*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary. requisite or proper to be done in connection therewith as e11ch of said corporations could do, but reserving to each of said corporations full power of substitution and revocAtion, and all of the acts of said Attorney(s)-in-Fact, pursuant tn lhRse presents, are hereby ratified and confirmed. I his Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SUI~ETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st. 2008. RESOLVED. that a combination of any two of the Chairman of the Board, the President, Executive Vice-President, Senior Vice-President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attorney(s) named in the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is. authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by ::'"V:::;'''217jT:'=••_""'';'~''~••o••-~;~:::::.~· ~17. Damel Young. Senior Vice-President -;-~-~ .:' "~··'oi'PoJt.i;,· .. ~ ·~ : :..-~~ ~\~';. B .. ~~__..,.L -:_~c:c:~--~~J 1936 \~~ Y-v-~ -~--.--/ \t}.cA ~>./§} y J::.~-----------------------------•. ~ · .. ~LtFO'f'f':·· ,4'6 ,• Mark Lansdon, Vice-President '•., ~0··;··· }-"" •••• "~, .. , ........ ,,,"' A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness. accuracy, or validity of that document. State of California County of Orange personally appeared ·---.. ----------------------------·----------------_Qa_niel YOl!!l9Jlnd Mark Laf11\l_Q!1 _________________________ --------------.. --.. ----·---· _________ _ Place Notary Seal Above Nrune(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisiher~heir authori?erl capacily(ies). and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct ::::::~"'"''"''""·=-~~~----LucilltJi~ond. Notary Public CERTIFICATE The undersigned, as Secretary or ASSIStant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California. this 27th day of March, 2017, By~-~ • · --------cassle~sford. Assistant Se ATS-1002 (02117) ...,.., .. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document. State of California County of ~O_ra_n-::g'-e _________ _ On __ 3-+-/_2:_7.:.-....,/,_2-t>:::::_:::....:.._l7_,___ before me, ____ L-=y'-n_n_A_. _S_Io_n_e,'-N_o_ta_ry-=--P_u_bl_ic ______ _ 1 ofrte Here lnset1 Name and Title of the Officer personally appeared _____________ F_ra_n_k_M_o_ro_n_e_s ___________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(SJ whose name~ is/ar-e subscribed to the within instrument and acknowledged to me that hetsAel.t.t!e;r executed the same in hisfherftheir authorized capacityfjes), and that by his/herftheir signature(~ on the instrument the person(~. or the entity upon behalf of which the person(~ acted, executed the instrument. LYNN A. SLONE _ Notary Public -California ~ ~ ·• Orange County ~ z · Commission# 2134740 := ). • ~ ~ •• Mz ~oTm; tx~r:,s Be; LB-]&1 &( Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ----,¥-~'--L-V.CL!'---.:11:._:__~---=:_::_:"----'---- ----------------------------oPTIONAL---------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity{ies) Claimed by Signer(s) Signer's Name:------------Signer's Name: ____________ _ ······ Corporate Officer -Title(s): ______ _ ····•• Corporate Officer -Title(s): ______ _ Partner -... Limited · .....• General •···•• Partner -...... Limited c= General Individual · Attorney in Fact Individual ..... Attorney in Fact Trustee · Guardian or Conservator Trustee '= Guardian or Conservator ·••••• Other:---------------•....• Other: ____________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ ,l(..~~~~~~~.::..'... .... :'~~~~~ ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 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 _RMI_En_~_ter_::...pr_.is_se:;_Irx::_. _____________________ whose address is ~1720u.u.?~Cbtlmd-ILU:;u_u.....;;st-IL.-..t-, ..... s~lwi teu;:;._l.._.,...JHo;;~.ntLLL.Ji..l.l!rg±m~-.1-..013?i=ril:::c:LJ-1,o,....ICA...-...9:u?h!l...uoa:..o7'------------hereinafter called "Contractor" and caJ.ifbrnia B:l1k & 'lhEt, a DLvis:im aE ZB N.A. whose address is 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 CITY HALL ROOF REPLACEMENT AND HVAC REFURBISHMENT CONTRACT NO. 4718 in the amount of $681,490.00 dated M:m:h 14, :;!)17 (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 1 0 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. l\ • ., Revised 5/10/16 Contract No. 4718 Page 37 of 130 Pages 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: For Contractor: For Escrow Agent: CAUFORNIA BANK & TRUST SACRAMENTO BUSINESS BANKING 520 CAPITOL MALL SUITE 100 SACRAMENTO, CA 95814 Title FINANCE DIRECTOR Name ~~~-Signature~ Address 1635 Faraday Avenue. Carlsbad. CA 92008 Title B:e3ident --··-·---::::::> Name ICgar: ~ L--,// Signature~ · . ..·" I 2 Cbth:mi st, ste 1 Address Hn1::imtm B:xrll, CA Title Name DORIS MANNING VICE PRESIDENT SAaWIENTO etiSINESSI!ANKINC!I -----------------------------------Signat~'t\._~ \S 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 5/10/16 Contract No. 4718 Page 38 of 130 Pages tl .... , IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: For Contractor: For Escrow Agent: l\ • ., Revised 5/10/16 Address 1200 Carlsbad Village Drive. Carlsbad. CA 92008 Title PreE:idEnt Name RxJac ~ -=---_ Signature /~:. ····"· ln02 G:>t:tE:rd st,. ste 1 Address H.ntirgtrn !fa;h, <A 92647 Title ----.wQQAIS~JMRI-'MuANM-NGII:DiL _______ _ VICE PRESIDENT .... ....-u~~t Name ___ ~~---~---~-------- Signatu~~~ CAUPOANIA BANK & TAU AddressSACMMENTO 13USINI!SS BANI<iNe 520 CAPITOL MAU. SUITE 100 SACRAMENTO, CA 95814 Contract No. 4718 Page 39 of 130 Pages GENERAL PROVISIONS FOR CITY HALL ROOF REPLACMENT AND HVAC REFURBISHMENT CONTRACT NO. 4718 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, satisfac- tory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engi- neer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that refer- ence is made to the plans accompanying these provisions, unless stated other- wise. 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 com- plete the work as required and as approved by the Engineer," unless stated other- wise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 DEFINITIONS. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. {'\ • ., Revised 11/24/10 Contract No. 4718 Page 40 of 130 Addendum -Written or graphic instrument issued prior to the opening of Bids which clar- ifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency-The City of Carlsbad, California. Agreement -See Contract. Assessment Act Contract -A Contract financed by special assessments authorized un- der 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 Council of the City of Carlsbad. City Manager -the City Manager of the City of Carlsbad or his/her approved representa- tive. 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 ad- dition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Con- tract 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-the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. 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 (in- cluding documentation accompanying the Bid and any post-bid documentation submitted {"\ •f' Revised 11/24/10 Contract No. 4718 Page 41 of 130 prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Sup- plemental 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 Contrac- tor. 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 -The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolu- tion. Dispute Board -Persons designated by the City Manager of the City of Carlsbad or Ex- ecutive 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. Engineer-The City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. 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 specified). 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 11/24/1 0 Contract No. 4718 Page 42 of 130 Notice of Award -The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed-A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. Own Organization -When used in Section 2-3.1 -Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equip- ment 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 draw- ings, or reproductions thereof, approved by the Engineer, which show the location, char- acter, dimensions, or details of the Work. Private Contract-Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. ""'' Project Inspector-The Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal-See Bid. Reference Specifications -Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial as- sociations referred to in the Contract Documents. These refer to the latest edition, includ- ing amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway-The portion of a street reserved for vehicular use. Service Connection-Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer-Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications-General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard -The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. l' • ., Revised 11/24/10 Contract No. 4718 Page 43 of 130 Standard Plans -Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. State-State of California. Storm Drain -Any conduit and appurtenances intended for the reception and transfer of storm water. Street-Any road, highway, parkway, freeway, alley, walk, or way. Subbase -A layer of specified material of planned thickness between a base and the subgrade. Subcontractor-An individual, firm, or corporation having a direct contract with the Con- tractor 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, subbase, 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 parties. Supplemental Provisions -Additions and revisions to the Standard Specifications set- ting forth conditions and requirements peculiar to the work. Surety -Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. 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 easement. 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 11/24/1 0 Contract No. 4718 Page 44 of 130 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are appli- cable to these Standard Specifications and to project Plans or other Contract Doc- uments. 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 paren- thesis, then the Sl units shall control. S.l. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. 1-5 SYMBOLS Ll L % ' " I 0 PL CL SL Delta, the central angle or angle between tangents Angle Percent Feet or minutes Inches or seconds Number per or (between words) Degree Property line Centerline Survey line or station line {'\ •+' Revised 11/24/1 0 Contract No. 4718 Page 45 of 130 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 deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime con- tractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or high- ways, including bridges, in excess of one-half of 1 percent of the prime con- tractor's total bid or ten thousand dollars ($1 0,000), 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 Sub- contractor 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, ex- cept as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 411 0 provides that a Contractor violating any of the provisions of the Chap- ter violates the Contract and the Board may exercise the option either to cancel {'\ •f' Revised 11/24/1 0 Contract No. 4718 Page 46 of 130 the Contract or assess the Contractor a penalty in an amount of not more than 1 0 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 25 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 1 0 percent of the value of the work performed in excess of 25 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 (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the ful- fillment 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 25 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds 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 Contract 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 Procedure 995.660 (a). The Bidder shall pay all bond premi- ums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bid- der and Surety and the signature of the authorized agent of the Surety shall be nota- rized. The Contractor shall provide a faithful performance/warranty bond and payment bond (Ia-, bor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of l' •+f Revised 11/24/10 Contract No. 4718 Page 47 of 130 this contract. The Contractor shall provide bonds to secure payment of laborers and ma- terials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or 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 commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next pre- ceding 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 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or ex- tensions 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 Spec- ifications, to which the Engineer shall have access at all times. l'\ • ., Revised 11/24/10 Contract No. 4718 Page 48 of 130 The specifications for the work include the General Provisions and the project tech- nical specifications, as amended. The construction plans consist of drawings prepared by Pacific Architecture and Engineering (A-001, A-100, A-101), dated October 3, 2016 and those drawings prepared by Elen Consulting Group (M-001, M-002, MD-100, MD-101, MD-102, MD-103, MD-104, MD-105, M-200, M-201, M-202, M-203, M-204, M-205, M-300, M-301, M-302, M-601, M-602, M-603, M-604, M-605) dated November 23, 2016. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. An- ything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or spec- ified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. ,.,..,..,.,, The Contractor shall, upon discovering any error or omission in the Plans or Spec- ifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in prece- dence shall control. The precedence shall be the most recent edition of the follow- ing 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) Contract addenda, whichever occurs last. 4) Contract 5) Technical Specifications 6) Carlsbad General Provisions 7) Plans (original). 8) Manufacturer's Installation Recommendations City-Approved detail drawings (plans) shall take precedence over original plans. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 8) above. City-Approved detailed plans and plan views shall have precedence over original plans. l'\ •+' Revised 11/24/1 0 Contract No. 4718 Page 49 of 130 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as re- quired in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Spe- cial Provisions, or when requested by the Engineer. 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 ac- ceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Docu- ments, 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 1 0 working days for review of sub- mittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall bela- beled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third in- stance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the fol- lowing: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for re- view. 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: l'\ • ., Revised 11/24/10 Contract No. 4718 Page 50 of 130 "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compli- ance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: ____________________ ___ Title: ----------------- Date:------------------- Company Name: 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all neces- sary details. Six copies and one reproducible shall be submitted. If no revisions are re- quired, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproduci- ble for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the repro- ducible. Working drawings are required in the following sections: 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manu- factured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provi- sions 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the opera- tion and maintenance of a manufactured product or system to be con- structed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless 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 system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the 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 Program per 7-10.4.4. 6) Concrete mix designs per 201-1.1. 7) Asphalt concrete mix designs per 203-6.1. l'\ •+' Revised 11/24/10 Contract No. 4718 Page 51 of 130 8) Data, including, but not limited to, catalog sheets, manufacturer's bro- chures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for any product, manufactured item, or sys- tem. 2-5.4 Record Drawings. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (1 0) days of completion of the work. Payment for performing the work required by Sec- tion 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 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 instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-8.1 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 Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and in- terviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to {'\ •+' Revised 11/24/10 Contract No. 4718 Page 52 of 130 the Engineer for examination, all of its, and all subcontractors to this contract, rec- ords with respect to all matters covered by this Contract and will permit the Engi- neer 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 person- nel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 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 re- quired. Work shall be done only in the presence of the Engineer, unless otherwise author- ized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in ac- cordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. {'\ • ., Revised 11/24/1 0 Contract No. 4718 Page 53 of 130 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 interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting 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 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by writ- ten Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or es- tablished method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3-2.2.2 or 3-2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. {'\ • ., Revised 11/24/10 Contract No. 4718 Page 54 of 130 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quan- tity 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 pay- ment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conform- ance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engi- neer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices sub-~ mitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of , . ..,..,..v Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjust- ments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. Prior to construction, Contractor shall provide a schedule of values for all lump sum bid items that shall be used for the purpose of progress payments. The prices shall be valid for the purpose of change orders to the project. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the elim- inated item prior to notification in writing from the Engineer so stating its elimina- tion. If material conforming to the Plans and Specifications is ordered by the Con- tractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the ma- terial shall become the property of the Agency. Payment will be made to the Con- tractor 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 ac- tual cost of charges made by the supplier for returning the material and for handling l' • ., Revised 11/24/10 Contract No. 4718 Page 55 of 130 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 En- gineer 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 compensation insurance, liability insur- ance, 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 agree- ments. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Non-direct labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be in- cluded. {'\ • ., Revised 11/24/1 0 Contract No. 4718 Page 56 of 130 If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condi- tion, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the 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 equip- ment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. (e) Invoices. Invoices covering all such items in detail shall be submitted with the request for payment. Vendors' invoices for material, equipment """""""' rental and other expenditures shall be submitted with the request for pay- ment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 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 Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the 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, l'\ • ., Revised 11/24/10 Contract No. 4718 Page 57 of 130 and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Con- tractor submits completed daily reports and all supporting documents to the Engi- neer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagree- ment, 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. Re- ports 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, including loading and transportation, if applicable. 4.) Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the fol- lowing Work site conditions (hereinafter called changed conditions), in writing, upon their discovery 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, which 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 En- gineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer de- termines that the conditions do not justify an adjustment in compensation, the Con- tractor 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 {'\ •fi Revised 11/24/10 Contract No. 4718 Page 58 of 130 change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of po- tential 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 Ac- counting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a descrip- tion 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 understands and agrees that this potential claim, unless re-~ solved, must be restated as a claim in response to the City's proposed final esti-.'""..,..;· mate 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 no- tice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. {'\ •+' Revised 11/24/10 Contract No. 4718 Page 59 of 130 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. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (com- mencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 1 0240) of Chapter 1 of Part 2. (b )(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 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 l'\ •+' Revised 11/24/10 Contract No. 4718 Page 60 of 130 claim. Claims must be filed on or before the date of final payment. Nothing in this subdivi- sion is intended to extend the time limit or supersede notice requirements otherwise pro- vided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall re- spond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claim- ant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be sub- mitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional infor- mation, 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 writ- ing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or ~ requested documentation, whichever is greater. ·..,..,/ (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dis- pute, the claimant may file a claim as provided in 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. 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 Chap- ter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: l'\ • ., Revised 11/24/10 Contract No. 4718 Page 61 of 130 (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipu- lation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15- day period, any party may petition the court to appoint the mediator. (b)( 1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act 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 con- sistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other pro- vision 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, medi- ators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in 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. {'\ •+" Revised 11/24/10 Contract No. 4718 Page 62 of 130 SECTION 4-CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Con- tractor. Used or secondhand materials, parts, and equipment may be used only if permit- ted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reason- ably accessible for inspection. The Contractor 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 de- livered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as metal fabrication, weld- ing, 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 and all elements pertaining to the safety of per- sons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Sub- chapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. ('\ • ., Revised 11/24/1 0 Contract No. 4718 Page 63 of 130 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor in- tends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the En- gineer), 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 equipment. 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 pro- cessing, 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 require- ments. 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, includ- ing salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at 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 notify the Engineer when samples which are repre- sentative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, 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 {'\ • .,. Revised 11/24/10 Contract No. 4718 Page 64 of 130 any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incor- porated into the work and shall be removed from the project site all at the Contrac- tor's expense. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications 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 speci- fied or offer an equivalent. The Engineer shall determine whether the material of- fered is equivalent to that specified. Adequate time shall be allowed for the Engi- neer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or 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 re- quired by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installa- tion 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 unsatis- factory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency l'\ • ., Revised 11/24/10 Contract No. 4718 Page 65 of 130 acceptable to the Engineer at intervals not to exceed 12 months and following re- pairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 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 , as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deteriora- tion 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 11/24/1 0 Contract No. 4718 Page 66 of 130 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 utilities indicated on the Plans is not guaranteed. 5-2 5-3 Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identifica- tion 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 con- nections, 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 com- pensation for such work shall be considered as included in the prices bid for other items ofwork. """~ 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 au- thorized 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. 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 as- certain 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. l'\ •t' Revised 11/24/10 Contract No. 4718 Page 67 of 130 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 replace- ments before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor. Utilities which are relocated in order to avoid interference shall be pro- tected 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 recon- struct 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 re- quested 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 Engi- neer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary con- struction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agen- cies 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 En- gineer 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 compen- sation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 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 ·~ ~.,Revised 11/24/10 Contract No. 4718 Page 68 of 130 5-6 the Engineer in writing of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1 . The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunk line utility facilities within the area affected by the Work if such utili- ties are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an exten- sion of time. 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. l' •+' Revised 11/24/10 Contract No. 4718 Page 69 of 130 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 ____§.___ calendar days after receipt of the "Notice to Proceed." 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the En- gineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, ad- ministration, and execution of the project is mandatory for the meeting to be con- vened. Failure of the Contractor to have the Contractor's responsible project per- sonnel 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 attend- ance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of Sec- tion 2-5.3. The submittal of the Baseline Construction Schedule shall in- clude each item and element of Sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to Section 6- 1.3.3 Electronic Media. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contrac- tor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the se- quence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is pre- cluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.2.2 Schedule Software. The Contractor shall use commercially available soft- ware equal to the Project 2013 program by Microsoft Corporation to pre- pare the Baseline Construction Schedule and all updates thereto. Should the Contractor elect to use a scheduling program other than the "Project" program by Microsoft Corporation the Contractor shall provide the Engineer three copies of the substituted program that are fully licensed to the Agency and 32 class hours of on-site training by the program publisher for up to eight Agency staff members. The classes shall be presented on Mondays through Thursdays, inclusive, between the hours of 8:00a.m. and 5:00p.m. {'\ •fi' Revised 11/24/10 Contract No. 4718 Page 70 of 130 The on-site training shall be held at 1635 Faraday Avenue, Carlsbad, Cali- fornia. The dates and times of the on-site training shall be submitted to the Engineer for approval five working days before the start of the on-site train- ing. The on-site training shall be completed prior to the submittal of the first Baseline Construction Schedule. 6-1.2.3 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The number of activ- ities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time im- pacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.4 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1.2.5 Restraints to Activities. Any submittals, utility interfaces, or any furnish- ing of Agency supplied materials, equipment, or services, which may im- pact any activity's construction shall be shown as a restraint to those activ- ities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.6 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. 6-1.2. 7 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contrac- tual time span of the project. Should the Contractor propose a project du- ration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. 6-1.2.8 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that l' •;;' Revised 11/24/1 0 Contract No. 4718 Page 71 of 130 the Construction Schedule does not meet the requirements of these spec- ifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Con- tractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the con- tract per Section 6-4. Days used by the Engineer to review the initial Con- struction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sec- tions 6-1.2.8.1 through 6-1.2.8.3. "Accepted." The Contractor may proceed with the project work upon issu- ance of the Notice to Proceed, and will receive payment for the schedule in accordance with Section 6-1.8.1. "Accepted with Comments." The Contractor may proceed with the pro- ject work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments prior to receipt of pay- ment per Section 6-1.8.1. "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments prior to receipt of payment per Section 6-1.8.1. The Notice to Proceed will not be issued by the Engi- neer if the changes of the comments are not submitted as required herein- before and marked "Accepted" or "Accepted with Comments" by the Engi- neer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not sub- mitted as required hereinbefore and marked "Accepted" by the Engineer. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the fol- lowing month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6-1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Con- tractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engi- neer as complete for the activity. {'\ • ., Revised 11/24/10 Contract No. 4718 Page 72 of 130 6-1.3.3 Electronic Media. The electronic media shall simply be clearly legible "pdf" email attachment. 6-1.3.4 List of Changes. A list of all changes made to the activities or to the inter- connecting logic, with an explanation for each change. 6-1.3.5 Change Orders. Each monthly update will include the addition of the net- work revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will re- view and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Sched- ule will be returned marked as per Sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contrac- tor to submit a monthly updated construction schedule will invoke the same con- sequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". "Accepted." The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with Section 6-1.8.2. "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of payment per Section 6-1.8.2. "Not Accepted." The Contractor must resubmit the Updated Construction Sched- ule to the Engineer incorporating the corrections and changes noted in the Engi- neer's comments prior to receipt of payment per Section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engi- neer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Sched- ule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted l' • ., Revised 11/24/10 Contract No. 4718 Page 73 of 130 contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update re- move all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance re- quirements of Section 6-1, including but not limited to the acceptance and payment provisions. As used in this section "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project. 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Con- tractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer's Re- view of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Measurement and Payment of Construction Schedule. The Contractor's prep- aration, 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 dil- igently 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 En- gineer, 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 restore to usefulness all improvements existing prior to the start of the Work. 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 General Scope of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the {'\ • ., Revised 11/24/10 Contract No. 4718 Page 74 of 130 Project Work as shown on the Project Plans and as specified in the Specifications. The work includes roof replacement (gravel collection, scupper installations, new flashing installations, protection of existing heating, ventilating and air conditioning (HVAC) equipment, carbon air filtration to trap potential odors from roofing work, spray-applied roofing product meeting requirements of technical specifications and applied in designated areas on roof, re-roofing of new penthouse roofs following installation of new HVAC equipment and finish work inside penthouses) and HVAC refurbishment (procurement of HVAC equipment specified in the contract docu- ments receipt and coordinated delivery of HVAC equipment, demolition of pent- house roofs as necessary to selectively remove and dispose of existing HVAC equipment, providing temporary HVAC while existing HVAC systems are being re- placed if that portion of the HVAC work will not be complete by Monday at ?AM, installing new HVAC equipment, coordinating crane rental and rigging of HVAC into place, reframing of penthouse roofs to repair selective demolition work, restor- ing finishes inside penthouses to pre-project conditions, installation of new ther- mostats and controls, start-up and commissioning and training of facilities staff) at the Carlsbad City Hall, 1200 Carlsbad Village Drive, Carlsbad, California 92008. NOTE: ALL POTENTIALLY NOISY, ODOROUS OR OBTRUSIVE WORK SHALL BE DONE ON AFTERHOUR AND WEEKEND TIME FOLLOWING APPROVED SCHEDULE FOR SUCH WORK. 6-2.2 Project Meetings. The Engineer will establish the time and location of weekly or bi-weekly Project Meetings as he/she determines necessary. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Repre- sentative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's em- ployee 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 Engineer that the suspension is necessary in the interest of the Agency. The Con- tractor shall comply immediately with any written order of the Engineer. Such sus- pension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 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 deliv- ery 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 Con- tractor 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 satisfac- tory 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 l'\ •fi' Revised 11/24/10 Contract No. 4718 Page 75 of 130 of cancellation, less damages caused to the Agency by acts of the Contractor. The Con- tractor, 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. If the Surety assumes any part of the Work, it shall take the Contractor's place in all re- spects for that part, and shall be paid by the Agency for all work performed by it in accord- ance with the Contract. If the Surety assumes the entire Contract, all money due the Con- tractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Con- tractor, 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 impracti- cable 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 pro- vided herein, but the Contractor will not be entitled to damages or additional pay- ment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, ad- verse weather or elements necessitating cessation of work, inability to obtain ma- terials, 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 se- quence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. {'\ • ., Revised 11/24/1 0 Contract No. 4 718 Page 76 of 130 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 pro- vided 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. 6-6.3 Payment for Delays to Contractor. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judi- cious 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 En- gineer 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 deter- mined 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 no- tice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor 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 as most, if not all, of this work is required to be done on after-hour and week- end basis. The Contractor shall diligently prosecute the work to completion within 98 calendar days (14 weeks) after the starting date specified in the Notice to Pro- ceed, based on the assumption that (1) HVAC procurement may require 8 weeks (during which time roofing work may proceed), (2) existing HVAC air handler dem- olition and installation of new HVAC will require 3 weekends (during which time other HVAC and roofing work may proceed), (3) penthouse re-roofing will require 1 additional weekend, and punch-list, commissioning and training work can be ac- complished within 2 weeks (no weekend time required). 6-7.2 Calendar Day. A calendar 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.) any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, l' • .., Revised 11/24/10 Contract No. 4718 Page 77 of 130 2.) any day the Contractor is prevented from working at the beginning of the work- day for cause as defined in Section 6-6.1, 3.) 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. No work involving noisy, odorous work, or activities that limit parking or are other- wise obtrusive for building access shall be performed by the contractor between the hours of BAM and 5PM, Monday through Friday. The Contractor shall incor- porate the dates, areas and types of work prohibited in this section in the Con- struction 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 conse- quence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing al- lowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate 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, GUARANTEE AND WARRANTY. The Work will be in- spected 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 completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, tempo- rary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be guaranteed for one ( 1) year after recordation of the date of the "Notice of Completion" as determined by the Engineer, and any faulty work or materials discovered during the guarantee period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a guarantee bond for the one year guarantee period. The Contractor shall replace or repair any such defec- tive 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 {'\ •+' Revised 11/24/10 Contract No. 4718 Page 78 of 130 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 roofing work shall be warranted for fifteen (15) years after the date of the "Notice of Completion" as determined by the Engineer, and any faulty work or materials discovered during the warranty period (that are specifically roof-related) shall be repaired or replaced by the Roofing Contractor, at its expense. (see Appendix A) 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 cal- endar day in excess of the time specified for completion of Work, as adjusted in accord- ance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of two hundred ($200.00) dollars. 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 $200.00 per day is the minimum value of costs and actual damages caused by the Con- tractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency will be occupying all or part of the facility during the course of the work. As HVAC work is completed and com- missioned, its respective system must be made operational. During any time HVAC is not operational in an HVAC building zone between Monday at 7 AM and Friday at 4PM. the contractor shall provide, install and maintain temporary HVAC as part this project work scope. l'\ • ., Revised 11/24/10 Contract No. 4718 Page 79 of 130 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. The Contractor shall immediately replace such removed workers with competent substitute personnel meeting the competence and behavior performance standard stated above. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a sched- ule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bar- gaining agreement on file with the State of California Department of Industrial Re- lations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contrac- tor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. l"\ • ., Revised 11/24/10 Contract No. 4718 Page 80 of 130 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' compen- sation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Work- ers' Compensation 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 re- sponsible 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 and building permits necessary to per- form 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 pro- ject. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-6 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 al- ternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, per- sons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representa- tive 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. l'\ • ., Revised 11/24/10 Contract No. 4718 Page 81 of 130 In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. All requirements of paragraph 7-2.1 above apply to the Contractor's repre- sentative. 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 co- ordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. The Contractor will not be entitled to additional compensation from the Agency for damages resulting 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 ex- tent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility com- panies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including sus- pension 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 nui- sance by cleaning, sweeping and sprinkling with water, or other means as neces- sary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. 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 equip- ment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Given that building will remain in use during construction, it is imperative that the site be clean by BAM on Mondays following weekend work. Failure of the Con- {'\ •+' Revised 11/24/1 0 Contract No. 4718 Page 82 of 130 tractor to comply with the Engineer's cleanup orders may result in an order to sus- pend work until the condition is corrected. No additional compensation will be al- lowed 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 Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased lev- els of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the reg- ulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary exter- mination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in ac- cordance 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 employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. 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 ob- taining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, mainte- nance, 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 associ- ated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precau- tion 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. See Specifications for project specifics. {\ • ., Revised 11/24/10 Contract No. 4718 Page 83 of 130 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 at- tention 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. 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 installations, 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. 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 in- convenience. The access rights of the public shall be considered at all times. Un- less otherwise authorized, 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 main- tained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet), shall be maintained unless otherwise approved by the Engineer. Vehicular access to residential driveways shall be maintained to the property line except when necessary construction precludes such access for reasonable peri- ods of time. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways and provide and maintain access. The Contractor shall cooperate with the various parties involved in the delivery of mail and the collection and removal of trash and garbage to maintain existing schedules for these services. {'\ • ., Revised 11/24/1 0 Contract No. 4 718 Page 84 of 130 The Contractor shall schedule the work so as to prevent damage by all traffic, in- cluding but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Waste Management at (760) 929-9417. Seventy-two hours prior to the start of any construction in the public right-of-way that affects vehicular traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the impending disruption. For a full street closure, all residences and/or businesses on the affected street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the residences and/or businesses directly affected by the work shall be notified. The notification shall be hand delivered and shall state the date and time the work will begin and its anticipated duration. The notification shall list two telephone numbers that may be called to obtain additional information. One number shall be the Contractor's permanent office or field office and the other number shall be a 24-hour number answered by someone who is knowledgeable about the project. At least one of the phone numbers shall be in the (760) area code. The notification shall also give a brief description of the work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Con- tractor shall submit the notification to the Engineer for approval. Notices shall not be distributed until approved by the Engineer. For residences, the notification shall be pre-cut in a manner that enables it to be affixed to a doorknob without adhesives. It shall be a minimum size of 3-1/2 inches by 8-1/2 inches and shall be brightly colored with contrasting printing. The material shall be equivalent in strength and durability to 65 lb. card stock. The printing on the notice shall be no smaller than 12 point. In addition to the notifications, the contractor shall post no parking signs 72 hours in advance of the work being performed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that location. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the resched- uled work. If the work is delayed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be in- cluded in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. The contractor shall replace all street markings and striping damaged by construc- tion activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials shall not be stored in streets, roads, or highways for more than 5 days after un- loading. All materials or equipment not installed or used in construction within 5 {'\ • .., Revised 11/24/1 0 Contract No. 4 718 Page 85 of 130 4),' days after unloading shall be stored elsewhere by the Contractor at its expense unless authorized additional storage time. Construction equipment shall not be stored at the Work site before its actual use on the Work nor for more than 5 days after it is no longer needed. Time necessary for repair or assembly of equipment may be authorized by the Engineer. Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets unless otherwise permitted. After plac- ing backfill, all excess material shall be removed immediately from the site. 7-10.3 Street Closures, Detours, Barricades. The Contractor shall comply with all ap- plicable State, County, and City requirements for closure of streets. The Contractor shall provide barriers, guards, lights, signs, temporary bridges, flag persons, and watchpersons. The Contractor shall be responsible for compliance with additional public safety requirements which may arise. The Contractor shall furnish and install signs and warning devices and promptly remove them upon completion of the Work. After obtaining the Engineers approval and at least 5 working days before closing, detouring, partially closing or reopening any street, alley or other public thorough- fare the Contractor shall notify the following: 1) The Engineer .......................................................... . 2) Carlsbad Fire Department Dispatch ........................ . 3) Carlsbad Police Department Dispatch .................... . 4) Carlsbad Traffic Signals Maintenance (ext 2937) .... . 5) Carlsbad Traffic Signals Operations ....................... . 6) North County Transit District .................................. . 7) Waste Management ................................................ . (760) 602-2720 (760) 931-2197 (760) 931-2197 (760) 438-2980 (760) 602-2752 (760) 967-2828 (760) 929-9400 The Contractor shall comply with their requirements. The Contractor shall obtain the Engineer's written approval prior to deviating from the requirements of 2) through, and including, 7) above. The Contractor shall obtain the written approval no less than five working days prior to placing any traffic control that affects bus stops. The Contractor shall secure approval, in advance, from authorities concerned for the use of any bridges proposed by it for public use. Temporary bridges shall be clearly posted as to load limit, with signs and posting conforming to current require- ments covering "signs" as set forth in the Traffic Manual published by the California Department of Transportation. This manual shall also apply to the street closures, barricades, detours, lights, and other safety devices required. All costs involved shall be included in the Bid. Traffic controls shall be in accordance with the plans, The California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in California) and these provisions. If any component in the traffic control sys- tem is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair {'\ • .,. Revised 11/24/10 Contract No. 4718 Page 86 of 130 said component to its original condition or replace said component and shall re- store the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delinea- tion or devices as may be required herein, the· Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. 7-10.3.2 Maintaining Traffic. The Contractor's personnel shall not work closer than six (6') feet, nor operate equipment within two feet (2') from any traffic lane occupied by traffic. For equipment moving, the minimum acceptable shy distance of two feet (2') shall be measured from the closest approach of any part of the equipment as it is operated and/or maneuvered in per- forming the work. 7-1 0.3.3 Traffic Control System for Lane Closure. A traffic control system con- sists of closing traffic lanes or pedestrian walkways in accordance with the details shown on the plans, California Manual on Uniform Traffic Control Devices (FHWA MUTCD 2003 Revision 1, as amended for use in Califor- nia) and provisions under "Maintaining Traffic" elsewhere in these Provi- sions. The provisions in this section will not relieve the Contractor from its responsibility to provide such additional devices or take such measures as may be necessary to maintain public safety. 7-1 0.4 Safety. When lanes are closed for only the duration of work periods, all components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder at the end work period. If the Contractor so elects, said components may be stored at selected central locations, ap- proved by the Engineer, within the limits of the right-of-way. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies of suit- able 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, ordi- nances, 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 provided, or required by law. 7-10.4.2 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 (.'\ •f' Revised 11/24/10 Contract No. 4718 Page 87 of 130 Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.3 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the pro- tection 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 ROYAL TIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those 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. 7-13 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 purchases 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 payment to the contractor, without further acknowledgment of the parties." l' •+' Revised 11/24/1 0 Contract No. 4718 Page 88 of 130 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 measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length meas- ured 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 hor- izontal or vertical dimension. 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 stipu- lated in the particular sections involved. 8-1.3 Certified Weights. When payment is to be made on the basis of weight, the weigh- ing 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 the Engineer with duplicate 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. ""'"""""· Standard 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 in trip- licate, to be used only as a basis for determining progress payments on a lump sum con- tract 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 accordance 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, equip- ment, 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 {'\ • ., Revised 11/24/10 Contract No. 4718 Page 89 of 130 the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Con- tract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be de- ducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property dam- age, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Pay- ment shall not be construed as the transfer of ownership of any equipment or ma- terials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Sec- tion 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from pay- ment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 8-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Con- tractor 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 pay- ment procedure. -~ \.., Revised 11/24/10 Contract No. 4718 Page 90 of 130 Each month, the Engineer will make an approximate measurement of the work per- formed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the de- tailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Con- tractor shall within ten (10) days of receipt of the progress estimate, submit a sup- plemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a doc- ument 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 equiv- alent 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 remaining 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 liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contrac- tor may substitute securities for any monies withheld by the Agency to ensure per- formance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and pro- cess a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and pay- ment amounts and shall show all deductions made or to be made for prior pay- ments and amounts to be deducted under provisions of the contract. All prior esti- mates 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 Es- timate to make written statement disputing any bid item or change order item quan- tity or payment amount. The Contractor shall provide all documentation at the time {'\ •+' Revised 11/24/10 Contract No. 4718 Page 91 of 130 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 aforemen- tioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engi- neer 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 suffi- cient cause for denying payment for the disputed items. 8-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement 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 submit- ted 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 un- der any provision of this contract including Sections 3-4 Changed Condi- tions, 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 claims. The Engineer will consider and determine the Contractor's claims and it will be the respon- sibility of the Contractor to furnish within a reasonable time such further in- formation and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their res- olution 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. Materials and equipment delivered to the site must be kept secure and installed after delivery in order to be included in monthly progress pay estimate. Payment for items procured but not yet delivered and installed on site, must be stored in bonded warehouse and will be subject to city inspection and verification if contractor requests consideration for payment authorization on such equipment in progress pay estimate. {'\ • ., Revised 11/24/10 Contract No. 4718 Page 92 of 130 8-3.4 Mobilization. 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. All work shown or mentioned on the plans, in the Contract Documents, Gen- eral Provisions, or Technical Specifications shall be considered as included in the Bid Items listed on the Proposal Form. Contractor must protect existing utilities, improve- ments, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscap- ing, irrigation systems, and vegetation at his expense. {'\ • ., Revised 11/24/10 Contract No. 4718 Page 93 of 130 CITY OF CARLSBAD TECHNICAL SPECIFICATIONS CITY HALL ROOF REPLACMENT AND HVAC REFURBISHMENT CONTRACT NO. 4718 SECTION 01 11 00 -SUMMARY OF WORK PART 1 GENERAL 1.1 PROJECT 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 replacement of the roof in the project entitled: City Hall Roof Replacement and HVAC Refurbishment 1200 Carlsbad Village Drive, Carlsbad, CA 92008 B. In general, the scope of work includes, but shall not be limited to, the following sections of the technical specifications which are more fully described herein: DIVISION 01 -GENERAL REQUIREMENTS 01 11 00 Summary of Work DIVISION 02-EXISTING CONDITIONS 02 41 00 Demolition DIVISION 07-THERMAL AND MOISTURE PROTECTION {'\ • ., Revised 11/24/10 Contract No. 4718 Page 94 of 130 07 13 54 Thermoplastic Membrane Roofing 07 51 00 Built-Up Bituminous Roofing 07 62 00 Sheet Metal Flashing and Trim C. Applicable portions of Section 01 11 00 apply to all other sections of these speci- fications, therefore these applicable portions are not specifically referred to in those other sections. 1.2 DESCRIPTION OF WORK 1.3 A. Roof is to be coated with spray applied roof coating. The two penthouses roofs as shown on the drawings are not to receive spray applied coating but a new mem- brane and new flashings. New larger scuppers are to be installed at all existing roof-top drain locations. This will involve the enlargement of existing scupper open- ings and lapping of membrane at new scupper. New flashing reinforcement at drains will not involve removal or disturbance of existing membrane. Pipe blocks must be replaced per roofing manufacturer's recommendations at pipe conduit and condensate lines. Contractor may elect to remove and dispose of penthouse roof- ing materials in whole or in part for access to HVAC equipment. Contractor must replace penthouse roof framing in kind -complete with interior finishes, prior to re- roofing. B. Scope of work is shown on drawings and is described in specifications. REQUIREMENTS A. Contractor must register and pay fee to DIR (Department of Industrial Relations) and obtain DIR Registration to be eligible to bid on this project. B. Contractor must dispose of all trash and remove trash offsite. Disposal into City Trash bins is not allowed. Waste disposal must follow City Requirements. c. At completion of work, the roof must be clean and debris removed from site. D. Follow Volatile Organic Compound (VOC) limits per South Coast Air Quality Man- agement District (SCAQMD) Rule 1113 Architectural Coatings and Current Cali- fornia Building Code. E. Clean gutters and downspouts of any debris -whether or not the result of con- struction activities. F. Clean site of loose debris including ground level. G. Coordinate with City Project Manager with regard to sound impacts to surrounding residential area. H. Adhere to City of Carlsbad Stormwater Pollution Prevention Plan (SWPPP) Manual and Best Management Practices (BMP) For Tier 1. Contractor must review re- quirements for Stormwater Pollution Prevention Plan (SWPPP) prior to bid and construction, and implement measures required. Water from this project must be collected and contractor must remove and dispose of properly offsite. No discharge l'\ •+' Revised 11/24/10 Contract No. 4718 Page 95 of 130 into City Sewer System or into the landscaping area. Protect Outdoor Storage Ar- eas and Outdoor Trash Areas from Rainfall, Run on, Runoff, and Wind Dispersal. I. Schedule Pre Construction meeting with City Project Manager, to discuss SWPPP requirements, Safety Requirements and project requirements. All workers must be harnessed and follow OSHA regulations and City requirements. J. Areas outside of the work area (roofs) must not be disturbed, including landscaping and landscaped areas. K. Protect all existing equipment, conduit and condensate lines from overspray of spray on roofing surface. L. Sampling: Schedule inspection with City Project Manager of each type of water- proofing for inspection, not limited to one scupper, 6" section of flashing if linear, one of each type of flashing, 1 'x1' section of spray roofing and membrane roofing, and must be part of the project. M. Schedule final inspection with City Project Manager. N. Installers must be fluent in English. o. Do not order materials prior to written approval by City. Coordinate delivery of ma- terials with City Project Manager. P. Building will be fully occupied, coordinate work hours, security and noise impacts with City Project Manager. Work must be performed outside of City Hall work hours or with written City approval. Q. City property must be protected including landscaping. R. All substitutions must be approved in writing and both base manufacturer per spec- ification and manufacturer of substitution requested must be submitted. When specification states "or equal" this procedure must be utilized. PART 2 PRODUCTS (Not Used) PART 3 EXECUTION (Not used) END OF SECTION {'\ •f' Revised 11/24/1 0 Contract No. 4718 Page 96 of 130 SECTION 02 41 00 -DEMOLITION PART 1 GENERAL 1.1 SECTION INCLUDES A. Selective demolition of built site elements. B. Abandonment and removal of existing utilities and utility structures. 1.2 REFERENCE STANDARDS A. 29 CFR 1926 -U.S. Occupational Safety and Health Standards; current edition. B. NFPA 241 -Standard for Safeguarding Construction, Alteration, and Demolition Op- erations; 2009. C. Comply with State and local regulations for VOC and Hazardous materials. 1.3 SUBMITTALS A. Provide detailed sequence of demolition and removal work to ensure minimal impact to the City's on-site operations. B. See General Conditions for submittal procedures. C. Project Record Documents: If capped or active utilities are found, record actual lo- cations and submit to Owner. 1.4 JOB CONDITIONS A. Occupancy: The City will be continuously occupying areas of the building immedi- ately adjacent to and below the areas of work. Conduct selective demolition work on weekend time. B. Condition of Structures: The City assumes no responsibility for actual condition of items or structures to be demolished. C. Partial Demolition and Removal: Items indicated to be removed but of salvable value to Contractor may be removed from structure as work progresses. Transport salvaged items from site as they are removed on after-hour basis. D. When removing built areas for access, remove and replace in kind. E. Storage or sale of removed items on site will not be permitted. F. Obtain required material reclamation and disposal permits. G. Provide proof to Owner, of proper disposal of all materials. {'\ • ., Revised 11/24/1 0 Contract No. 4718 Page 97 of 130 1.5 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 necessary. C. Provide protective measures as required to provide free and safe passage of the City's personnel and general public to and from occupied portions of the building. D. Protect in place all equipment and existing conditions that are not in the Scope of Work. E. Install safety flag system on roof during demolition and construction. F. Install safety life lines and fall protection equipment in accordance with OSHA and Cal-OSHA requirements. G. Install approved drain plugging devices to protect debris from blocking all roof drains and overflow drains. Only approved plugs shall be used. H. Remove barricades and protections at completion of work. 1.6 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 having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by gov- erning regulations. D. Notify City Project Manager or designee of each days start and finish times. 1.7 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, except when authorized in writing by authorities having jurisdiction. Provide temporary services during interruptions to existing utilities, as acceptable to the City. l'\ •f' Revised 11/24/10 Contract No. 4718 Page 98 of 130 1.8 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 regulations per- taining to environmental protection. 1.9 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 2.1 MATERIALS A. When removing built areas for access to mechanical equipment, remove as neces- sary for access and replace built areas in kind. PART 3 EXECUTION 3.1 GENERAL PROCEDURES AND PROJECT CONDITIONS A. Comply with applicable codes and regulations for demolition operations and safety """' of adjacent structures and the public. 1. Obtain required permits. 2. Take precautions to prevent catastrophic or uncontrolled collapse of struc- tures to be removed; do not allow worker or public access within range of potential collapse of unstable structures. 3. Use physical barriers to prevent access to areas that could be hazardous to workers or the public. 4. Conduct operations to minimize effects on and interference with adjacent structures and occupants. 5. Do not close or obstruct roadways or sidewalks without permit. 6. Conduct operations to minimize obstruction of public and private entrances and exits; do not obstruct required exits at any time; protect persons using entrances and exits from removal operations. 7. All individuals working on roofs must be harnessed per OSHA requirements. B. Do not begin work until issued a notification to proceed from The City of Carlsbad. C. Protect existing structures and other elements that are not to be removed. l' • ., Revised 11/24/10 Contract No. 4718 Page 99 of 130 1. Stop work immediately if adjacent structures appear to be in danger. D. There may be materials and equipment that must be temporarily relocated in order to spray the roof, remove and replace to match existing condition. E. Cease operations and notify the City's Representative (Project Manager or designee) immediately if safety of structure appears to be endangered. Take precautions to support structure until determination is made for continuing operations. F. Provide certification of all cranes, hoists, ladders to be used in the performance of the work. Coordinate any such equipment use with the City. G. No more roofing shall be removed daily than can be adequately covered in the event of inclement weather conditions. H. Report any damage, improper conditions that become exposed prior to any instal- lation of roofing materials, to the City's Representative (Project Manager or de- signee). 3.2 EXISTING EQUIPMENT AND UTILITY PROTECTION A. Coordinate shut off of utilities and demo work with the City of Carlsbad Project Man- ager. Building will be fully occupied and operational. B. Protect existing utilities to remain from damage. C. Do not disrupt public utilities without permit from authority having jurisdiction. D. Do not close, shut off, or disrupt existing life safety systems that are in use without at least 7 days prior written notification to The City of Carlsbad. E. Do not close, shut off, or disrupt existing utility branches or take-offs that are in use without at least 3 days prior written notification to The City of Carlsbad. F. Locate and mark utilities to remain; mark using highly visible tags or flags, with identification of utility type; protect from damage due to subsequent construction, using substantial barricades if necessary. G. Remove exposed piping, valves, meters, equipment, supports, and foundations of disconnected and abandoned utilities. H. Cover and protect equipment and fixtures to remain from soiling or damage when demolition work is performed in areas where such items were located. 3.3 MATERIAL AND DEBRIS STORAGE A. Provide suitable containers to hold debris and all material from selective demolition, so that all debris and material from selective demolition will occupy only areas au- thorized by the City and so that the City's normal operation is allowed to continue. l' • ., Revised 11/24/10 Contract No. 4718 Page 100 of 130 3.4 DEMOLITION A. Perform selective demolition work in a systematic manner. Use such methods as required to complete work in accordance with demolition schedule and governing regulations. Schedule demolition work to minimize risk of exposure to rain or other unfavorable weather conditions. B. Damages: Promptly repair damages caused to adjacent facilities by demolition work at no cost to the City. 3.5 DISPOSAL OF DEMOLISHED MATERIALS A. Remove debris, rubbish, and other materials resulting from demolition operations from building site. Send to recycling disposal companies when possible and keep log of all debris, and phone number and amount of disposal and its destination. B. If hazardous materials are encountered during demolition operations, comply with applicable regulations, laws, and ordinances concerning removal, handling, and protection against exposure or environmental pollution. 3.6 CLEAN-UP AND REPAIR A. Upon completion of demolition work, remove tools, equipment, and demolished ma- terials from site. Remove protections and leave work 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 commence- ment of selective demolition work. Repair adjacent construction or surfaces soiled or damaged by demolition work. 2. Leave site in clean condition daily, ready for subsequent work. 3. Clean up spillage and wind-blown debris from public and adjacent private lands. END OF SECTION l' • ., Revised 11/24/10 Contract No. 4718 Page 101 of 130 SECTION 0713 54-THERMOPLASTIC MEMBRANE ROOFING PART 1 GENERAL 1.1 SUMMARY A. Section Includes: Thermoplastic (TPA) sheet waterproofing system, including in- sulation/cover board, TPA-clad metal roof edge flashing, and membrane flashings. B. Applies to new penthouse roofing to be installed. 1.2 SUBMITTALS A. Product Data: Waterproofing manufacturer's literature including written instructions forevaluating, preparing, and treating substrate; technical data including tested physical and performance properties; and application instructions. Include volatile organic compound (VOC) content of components. B. Shop Drawings: Show locations and extent of waterproofing and typical cross-sec- tion of construction. Include details for substrate joints and cracks, sheet flashings, penetrations, inside and outside corners, tie-ins with adjoining waterproofing, and other termination conditions. C. Product Test Reports: From qualified independent testing agency indicating and interpreting test results of waterproofing for compliance with requirements, based on comprehensive testing of current waterproofing formulations. D. Installer Qualifications: 1. Certification signed by waterproofing manufacturer, certifying that Installer complies with manufacturer's requirements to install specified, warranted, waterproofing system. 2. Submit evidence that Installer's existing company has m1mmum of 5- years continuous experience in application of specified materials. Submit list of at least five completed projects of similar scope and size, including: a.) Project name. b.) Owner's name. c.) Owner's Representative name, address, and telephone number. d.) Description of work. e.) Thermoplastic sheet materials used. f.) Project supervisor. g.) Total cost of waterproofing work and total cost of project. h.) Completion date. E. Prior to installation of waterproofing system, submit to waterproofing manufac- turer's technical services department for review and approval: {'\ •+' Revised 11/24/1 0 Contract No. 4718 Page 102 of 130 1. Manufacturer's Project Registration Form, with information filled out com- pletely and accurately, including deviations from Specification. 2. Complete set of drawings of waterproofing system installation showing substrate limits, outline, dimensions, transitions, and types and locations of penetrations. 3. Atypical or special condition details which are to be used. F. Following completion of Work, submit completed Installer's guarantee meeting the requirements stated in paragraph 1.7A of this section. Also submit waterproofing manufacturer's warranty inspection report(s) and completed warranty meeting the requirements stated in paragraph 1. 78 of this section. 1.3 QUALITY ASSURANCE A. Installer Qualifications: Qualified firm that is approved, authorized, or licensed by waterproofing manufacturer to install waterproofing and that is eligible to receive waterproofing manufacturer's warranty. Must have installations of specified materi- als in local area in use for minimum of five years. 1. Employ English-speaking foreman trained by waterproofing manufacturer and with a minimum of 5-years' experience as foreman on similar projects, to be on site at all times during Work. B. Pre-installation Meeting: 1. Conduct meeting at Project site. 2. Review requirements for waterproofing, including: a.) Construction schedule and availability of materials, Installer's person- nel, equipment, and facilities needed to make progress and avoid de- lays. b.) Site use, access, staging, and set-up location limitations. c.) Forecast weather conditions. d.) Surface preparation and substrate condition and pretreatment. e.) Installation procedures. f.) Special details and sheet flashings. g.) Testing and inspection requirements. h.) Temporary protection and repair of waterproofing. i.) Governing regulations if applicable. j.) Review City's requirements for SWPPP (Stormwater Pollution Preven- tion Plan) and implementation by Contractor. k.) Schedule Final Inspection with City's Project Manager. 3. Contractor's site foreman, waterproofing manufacturer's technical repre- sentative, waterproofing Installer and Owner's Representative shall attend. l'\ • ., Revised 11/24/10 Contract No. 4718 Page 103 of 130 4. Throughout course of work, manufacturer's technical representative will in- spect and document progress of the work and note any deficiencies therein. 1.4 DELIVERY, STORAGE, AND HANDLING A. Coordinate material delivery with City and deliver to site on after-hour basis. B. Deliver materials to Project site in original packages with seals unbroken, labeled with waterproofing manufacturer's name, product brand name and type, date of manufacture, lot number, and directions for storing and mixing with other compo- nents. Order sufficient quantities to allow continuity of work. C. Keep materials dry and do not allow materials to be exposed to moisture during transportation, storage, handling, and installation. Reject and remove from Site new materials which exhibit evidence of moisture during application, or have been exposed to moisture. D. Store materials in original, undamaged containers in a clean, dry, protected loca- tion on raised platforms with weather-protective coverings, within temperature range required by waterproofing manufacturer. Protect stored materials from direct sun- light. Waterproofing manufacturer's standard packaging and covering is not consid- ered adequate weather protection. E. Store rolled goods on ends only, unless otherwise required by waterproofing manufacturer's written instructions. Discard rolls that have been flattened, creased, or otherwise damaged. F. Limit stored materials on structures to safe loading of structure at time materials are stored, and to avoid permanent deck deflection. G. Handle materials to avoid damage. Do not store materials in open or in contact with ground or roof surface. H. Conspicuously mark damaged or opened containers or containers with contami- nated materials, and remove from site as soon as possible. I. Remove and replace materials that cannot be applied within stated shelf life. J. Contractor shall assume full responsibility for the protection and safekeeping of products on site. K. 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 work progress. 1.5 PROJECT CONDITIONS A. Verify existing dimensions and details prior to installation of materials. Notify Owner of conditions found to be different than those indicated in Contract Documents. Owner will review situation and inform Contractor and Installer of changes. {'\ •f' Revised 11/24/1 0 Contract No. 4718 Page 104 of 130 B. Comply with Owner's limitations and restrictions for site use and accessibility. Building will be occupied during standard working hours. For this reason, work that is odorous or noisy work must take on weekend time. C. Odorous and noisy work shall be restricted to weekend hours between 9AM and 4PM. D. Safety requirements: Contractor must comply with current OSHA safety guidelines during installation of work. E. Environmental Limitations: Apply waterproofing when existing and forecast weather conditions permit waterproofing to be installed according to waterproofing manufac- turer's written instructions and warranty requirements. 1. Do not apply when substrate or ambient temperature is outside of tempera- ture range recommended by waterproofing manufacturer. 2. Do not apply to damp or wet substrate. F. Install materials in strict accordance with safety requirements required by water- proofing manufacturer, Material Safety Data Sheets, and local, state, and federal rules and regulations. G. Maintain adequate ventilation during preparation and application of waterproofing materials. 1.6 CHANGES IN WORK A. During renovation work, existing conditions may be encountered which are not known or are at a variance with drawings and specifications. Such conditions may interfere with Work and may consist of damage or deterioration of substrate or sur- rounding materials or components that could jeopardize integrity or performance of new waterproofing. B. Notify Owner in writing of any conditions that may interfere with proper execution of Work or jeopardize integrity of new waterproofing prior to proceeding with Work. 1.7 GUARANTEE I WARRANTY A. Installer's Guarantee: 1. Written guarantee, signed by Installer, including: a.) Repair or replace waterproofing or sheet flashings that do not comply with requirements; that do not remain watertight; that fail in adhesion, cohesion, or general durability; or that deteriorate in manner not clearly specified by submitted waterproofing manufacturer's data as inherent quality of material for application indicated. b.) Removal and reinstallation of protection board, drainage panels, and insulation. Guaranty includes replacing materials as necessary. l'\ •+' Revised 11/24/1 0 Contract No. 4718 Page 105 of 130 c.) Repair or replacement, to satisfaction of Owner, of other work or items which may have been displaced or damaged as consequence of defec- tive work. d.) Make immediate emergency repairs within 48 hours of notice of leak- age. 2. Guaranty Period: 1 year from date of recordation of "Notice of Completion". B. Manufacturer's Warranty: 1. Written warranty, signed by waterproofing manufacturer and Installer, in- cluding: a.) Repair or replace waterproofing or sheet flashings that do not comply with requirements; that do not remain watertight; that fail in adhe- sion, cohesion, or general durability; or that deteriorate in manner not clearly specified by submitted waterproofing manufacturer's data as inherent quality of material for application indicated. b.) Removal and reinstallation of protection course, drainage panels, and insulation. Warranty includes replacing materials as necessary. c.) Warranty does not include removal or reinstallation of plantings, soil overburden or backfill, concrete or asphalt topping, or paver systems. 2. Warranty Period: 15 years from the date of recordation of "Notice of Com- pletion". PART 2 PRODUCTS 2.1 THERMOPLASTIC SHEET A. Source Limitations: Obtain materials through one source from single waterproofing manufacturer, or from sources approved by waterproofing manufacturer. B. General: 60-mil-minimum thick, flexible TPA sheet. C. Use following product or approved equal: TPA 60 Mil, by Tremco, or equal. 2.2 AUXILIARY MATERIALS A. General: Furnish auxiliary materials recommended by waterproofing manufacturer for intended use and compatible with sheet waterproofing. B. Furnish liquid-type auxiliary materials that comply with VOC limits less than or equal to 80 grams/liter. C. Sheet flashing shall be of same material, construction, and thickness as sheet waterproofing. Sheet shall be compatible with bonding adhesive. D. Sealant: As recommended and approved by the waterproofing manufacturer for use with this system and materials. l'\ • ., Revised 11/24/1 0 Contract No. 4718 Page 106 of 130 E. Waterproofing mastic: as supplied or recommended by manufacturer. 2.3 INSULATION A. Board Insulation: 1/4" Secure Rock Glass Fiber. 2.4 ACCESSORIES A. Fasteners 1 . For fastening into concrete substrates: Mushroom-head, type 304 stainless steel; 1/4-inch diameter with 1-1/4-inch-minimum embedment, such as Zamac Nailin fasteners manufactured by Power Fastening, Inc. or Rawl Plug Company, Inc. 2. For fastening into masonry substrates: Mushroom-head, type 304 stainless steel; 1/4-inch diameter with 1-1/4-inch-minimum embedment, such as those manufactured by Olympic Manufacturing Group. 3. For fastening into sheet metal substrates: No. 8-18 by 1-1 /4-inch long, made of corrosion-resistant materials or coated for corrosion resistance, such as TEK screws manufactured by ITW Builders, Elco Industries, Inc. or Rawl Plug Company, Inc. . .. -., 4. For fastening into wood: Corrosion-resistant steel nails with 1-inch-mini- mum diameter, corrosion-resistant, washer heads of same material as nail. Nail length shall be sufficient to provide 1-1/2-inch-minimum embedment into wood substrate. B. Draw bands: Stainless steel draw band as recommended by waterproofing man- ufacturer to terminate around round pipes. PART 3 EXECUTION 3.1 EXAMINATION A. Examine substrates and conditions with Installer and waterproofing manufac- turer's representative for compliance with requirements and other conditions affect- ing performance of waterproofing. 1. Ensure that Work done by other trades is complete and ready to receive waterproofing. 2. Notify Owner in writing of conditions which may adversely affect waterproof- ing system installation or performance. Do not proceed with waterproofing installation until these conditions have been corrected and reviewed by Owner. ('\ •+' Revised 11/24/10 Contract No. 4718 Page 107 of 130 3.2 COORDINATION A. Coordinate Work to ensure that adjacent areas of the building and site are not ad- versely affected in regard to access, noise or damage. B. Coordinate with Owner's Representative(s) in regard to work schedule and Project Conditions (paragraph 1.5 above), and with other vendor that may need site access to minimize potential conflicts. C. NOTE: All demolition and otherwise noisy work and all roofing product ap- plication work must be conducted on weekend time. 3.3 SURFACE PREPARATION A. Remove existing waterproofing and other materials to expose substrate. 1. Remove only as much of existing waterproofing as can be prepared and new waterproofing installed in one day, unless provisions are implemented to maintain water tightness in interim. 2. Provide temporary protection as needed if water tightness is compromised. 3. Do not begin removal of existing waterproofing when weather conditions are not conducive to maintaining water tightness or for application of new water- proofing. B. Clean and prepare substrate according to waterproofing manufacturer's written in- structions. All wash-down water used must be captured and properly disposed. C. Mask off adjoining surfaces not receiving waterproofing to prevent spillage and overspray affecting other construction. D. Close off deck drains and other deck penetrations to prevent spillage and migration of waterproofing fluids. E. Installer and waterproofing manufacturer's representative shall examine substrate to ensure that it is properly prepared and ready to receive waterproofing. Water- proofing manufacturer's representative shall report in writing to Installer and Owner conditions which will adversely affect waterproofing system installation or performance. Do not proceed with waterproofing installation until these conditions have been corrected and reviewed by Owner. F. Proceed with installation only after unsatisfactory conditions have been corrected. Commencing installation constitutes acceptance of work surfaces and conditions. 3.4 ROOFING SHEET INSTALLATION A. Mechanically fasten waterproofing membrane according to waterproofing manufac- turer's written instructions. l' • ., Revised 11/24/10 Contract No. 4718 Page 108 of 130 1. Use standard-size sheets to reduce number of three-way overlaps. Lay out work to minimize traffic and staging in waterproofing areas. Order ma- terial based on sheet sizes on approved shop drawings. 2. Accurately align sheets and maintain uniform side and end laps of minimum dimensions required. Stagger end laps. B. Hot-Air Welding: Hot-air-weld side and end laps in waterproofing sheets, according to waterproofing manufacturer's written instructions, to ensure watertight seam in- stallation. Hot-air-weld waterproofing sheets to containment strips and to discs on vertical surfaces. 1. Machine-or hand-weld seams: Hand-weld at ends of machine-welded seams. 2. Hand welding: a.) Allow equipment to warm up for at least 1 minute prior to start of weld- ing. b.) Tack weld lap every 3 feet to hold seam in place. c.) Weld back edge of lap with thin, continuous weld to prevent loss of hot air during final welding. d.) Insert hot-air nozzle into lap, keeping nozzle at 45 degree angle to side lap. When proper welding temperature has been reached and material starts to flow, apply hand roller at right angle to nozzle and press lightly. Use 1-1/2-inch-wide nozzle for straight laps, and 3/4-inch-, .. ......_ wide nozzle for corners and compound sections. 3. Evaluate seam welds daily. C. At T-joints and other three-way overlaps, shave down top edge of middle sheet to create smooth transition for top sheet. Chamfer edge of sheet with hand-held grinder with joint planer, or similar tool. Install 4-inch-by-4-inch patch of 60-mil wa- terproofing overT -joints. D. Prefabricate corner pieces and weld to sheet waterproofing to seal corners. E. Repair tears, voids, and lapped seams in waterproofing not complying with require- ments. Slit and flatten fish mouths and blisters. Patch with sheet waterproofing ex- tending beyond repaired area. 3.5 WATERPROOFING TERMINATIONS A. Install flashing concurrently with waterproofing as Work progresses. Do not install temporary flashing without prior approval of Owner and waterproofing manufac- turer; approval only for specific locations on specific dates. If water penetrates un- der new waterproofing due to incomplete flashings, remove and replace affected areas at no cost to Owner. 1. Install sheet flashings and preformed flashing accessories according to wa- terproofing manufacturer's written instructions. l' •tr Revised 11/24/1 0 Contract No. 4718 Page 109 of 130 2. Fully adhere flashing sheet to compatible, dry, smooth, and solvent-re- sistant surfaces, unless otherwise indicated on Drawings. Extend flashing sheet at least 1 inch over waterproofing sheet. Hot-air-weld joints with deck sheet and end laps of overlapping flashing sheets to ensure watertight seams. 3.6 FIELD QUALITY CONTROL A. Site Visits by Waterproofing Manufacturer's Representative: Waterproofing manu- facturer's representative will visit site at: 1. The beginning of the waterproofing installation to establish standard of quality to be used for remainder of waterproofing Work, and 2. Periodically during Work at critical times and as required to meet provisions of waterproofing manufacturer's warranty. Representative will also submit written report with observations, field decisions, and any requests for design changes to Owner following each site visit. 3. Coordinate site visits with Owner. B. Seam Weld Evaluation: Evaluate seam welds daily. Provide Owner's Repre- sentative, Owner and waterproofing manufacturer with copy of evaluations. 1. After cooling, check outside edge of welded seam for continuity with blunt metal probe, and verify that laps are flat and free of voids, fish mouths, or wrinkles. 2. At least 3 times each day, make 1-inch-wide cut perpendicular to seam and peel waterproofing strip. Seam weld is acceptable if waterproofing is dam- aged prior to seam peel and if seam width is continuous and at least 1-inch wide. 3. Obtain cross-section samples through welded seams at least 3 times each day, at locations designated by the Architect/Engineer or waterproofing manufacturer's representative. Number and date samples, and retain for in- spection. Record sample locations on Drawing. Patch sample locations at no cost to Owner. Sample machine-welded seams at beginning of day to verify proper working condition and operating temperature of welding ma- chine. 4. Leave welded seams exposed until inspected and accepted by water- proofing manufacturer's representative. 5. Repair defects. If cause of seam failure cannot be located, hand-weld 8- inch-wide strip over seam. 3. 7 CLEANING AND PROTECTION A. Clean spillage and soiling from adjacent construction using cleaning agents and procedures recommended by manufacturer of affected construction. l' •+' Revised 11/24/10 Contract No. 4718 Page 110 of 130 B. Protect waterproofing from damage and wear throughout construction period. C. Over service life, do not expose waterproofing or accessories to constant tempera- ture in excess of 180 degrees F (i.e., hot pipes and vents, direct steam venting, etc.). END OF SECTION l'\ •ii' Revised 11/24/1 0 Contract No. 4718 Page 111 of 130 SECTION 07 51 00-BUILT UP BITUMINOUS ROOFING PART 1 GENERAL 1.1 SUMMARY A. Section Includes: T-24 Compliant spray applied coating with aggregate surfacing. (Cold applied built up roof coating, aggregate, and reinforcement.) B. Applies to roof coating other than at penthouses. 1.2 SUBMITTALS A. Product Data: Waterproofing manufacturer's literature including written instructions for evaluating, preparing, and treating substrate; technical data including tested phys- ical and performance properties; and application instructions. Include VOC content of components. B. Product Test Reports: From qualified independent testing agency indicating and inter- preting test results of waterproofing for compliance with requirements, based on comprehensive testing of current waterproofing formulations. C. Installer Qualifications: 1. Certification signed by waterproofing manufacturer, certifying that Installer complies with manufacturer's requirements to install specified, warranted, wa- terproofing system. 2. Submit evidence that Installer's existing company has minimum of 5-years continuous experience in application of specified materials. Submit list of at least five completed projects of similar scope and size, including: a.) Project name. b.) Owner's name. c.) Owner's Representative name, address, and telephone number. d.) Description of work. e.) Materials used. f.) g.) h.) Project supervisor. Total cost of waterproofing work and total cost of project. Completion date. D. Sample Warranties: Copies of waterproofing manufacturer's warranty and Installer's warranty, both stating obligations, remedies, limitations, and exclusions. Submitted with bid. E. Following completion of Work, submit waterproofing manufacturer's warranty inspec- tion report(s) and completed warranty; submit completed Installer's warranty. l'\ • ., Revised 11/24/1 0 Contract No. 4718 Page 112 of 130 F. Following completion of Work, submit completed Installer's guarantee meeting there- quirements stated in paragraph 1.7A of this section. Also submit waterproofing man- ufacturer's warranty inspection report(s) and completed warranty meeting the require- ments stated in paragraph 1. 7B of this section. 1.3 QUALITY ASSURANCE A. Installer Qualifications: Qualified firm that is approved, authorized, or licensed by wa- terproofing manufacturer to install waterproofing and that is eligible to receive water- proofing manufacturer's warranty. Must have installations of specified materials in lo- cal area in use for minimum of five years. Installer must be fluent in English. 1. Employ foreman trained by waterproofing manufacturer and with minimum of 5-years' experience as foreman on similar projects, who is fluent in English, to be on site at all times during Work. B. Pre-installation Meeting: 1. Conduct meeting at Project site. 2. Review requirements for waterproofing, including: a.) Construction schedule and availability of materials, Installer's personnel, equipment, and facilities needed to make progress and avoid delays. b.) Site use, access, staging, and set-up location limitations. c.) Approved mockup procedures. d.) Forecast weather conditions. e.) Surface preparation and substrate condition and pretreatment. f.) Installation procedures. g.) Special details and sheet flashings. h.) Minimum curing period. i.) Testing and inspection requirements. j.) Temporary protection and repair of waterproofing. k.) Structural loading limitations of deck. 1.) Governing regulations if applicable. 3. Contractor's site foreman, waterproofing manufacturer's technical repre- sentative, waterproofing Installer and Owner's Representative shall attend. 1.4 DELIVERY, STORAGE AND HANDLING A. Deliver materials to Project site in original packages with seals unbroken, labeled with waterproofing manufacturer's name, product brand name and type, date of man- ufacture, lot number, and directions for storing and mixing with other components. B. Keep materials dry and do not allow materials to be exposed to moisture during trans- portation, storage, handling, and installation. Reject and remove from Site new materials which exhibit evidence of moisture during application, or have been ex- posed to moisture. {'\ •ii' Revised 11/24/10 Contract No. 4718 Page 113 of 130 C. Store materials in original, undamaged containers in a clean, dry, protected location on raised platforms with weather-protective coverings, within temperature range re- quired by waterproofing manufacturer. Protect stored materials from direct sunlight. Waterproofing manufacturer's standard packaging and covering is not considered adequate weather protection. D. Store rolled goods on ends only, unless otherwise required by waterproofing man- ufacturer's written instructions. Discard rolls that have been flattened, creased, or otherwise damaged. E. Limit stored materials on structures to safe loading of structure at time materials are stored, and to avoid permanent deck deflection. F. Handle materials to avoid damage. G. Conspicuously mark damaged or opened containers or containers with contami- nated materials, and remove from site as soon as possible. H. Contractor shall order adequate quantities of owner-approved roofing products to allow for continuity of work. I. Contractor shall assume full responsibility for the protection and safekeeping of prod- ucts stored on premises and will remove and replace materials that cannot be ap- plied within stated shelf life. 1.5 PROJECT CONDITIONS A. Verify existing dimensions and details prior to installation of materials. Notify Owner of conditions found to be different than those indicated in Contract Documents. Archi- tect/Engineer will review situation and inform Contractor and Installer of changes. B. Comply with Owner's limitations and restrictions for site use and accessibility. C. Environmental Limitations: Apply waterproofing when existing and forecast weather conditions permit waterproofing to be installed according to waterproofing manufac- turer's written instructions and warranty requirements. 1. Do not apply when substrate or ambient temperature is below 0 degrees F, or outside of temperature range recommended by waterproofing manufacturer. 2. Do not apply to damp or wet substrate. D. Install materials in strict accordance with safety requirements required by water- proofing manufacturer, Material Safety Data Sheets, and local, state, and federal rules and regulations. E. Maintain adequate ventilation during preparation and application of waterproofing ma- terials. {"\ • ., Revised 11/24/10 Contract No. 4718 Page 114 of 130 1.6 CHANGES IN WORK A. During rehabilitation work, existing conditions may be encountered which are not known or are at a variance with drawings and specifications. Such conditions may interfere with Work and may consist of damage or deterioration of substrate or sur- rounding materials or components that could jeopardize integrity or performance of new waterproofing. B. Notify Owner in writing of conditions that may interfere with proper execution of Work or jeopardize integrity of new waterproofing prior to proceeding with Work. 1.7 GUARANTEE I WARRANTY A. Installer's Guarantee: 1. Written guaranty, signed by Installer, including: a.) Repair or replace waterproofing or sheet flashings that do not comply with requirements; that do not remain watertight; that fail in adhesion, cohesion, or general durability; or that deteriorate in manner not clearly specified by submitted waterproofing manufacturer's data as inherent quality of material for application indicated. b.) Removal and reinstallation of protection board, drainage panels, and in- sulation. Guaranty includes replacing materials as necessary. c.) Repair or replacement, to satisfaction of Owner, of other work or items which may have been displaced or damaged as consequence of defec- tive work. d.) Make immediate emergency repairs within 48 hours of notice of leakage. 2. Guaranty Period: 1 year from date of recordation of "Notice of Completion". B. Manufacturer's Warranty: 1. Written warranty, signed by waterproofing manufacturer and Installer, includ- ing: a.) Repair or replace waterproofing or sheet flashings that do not comply with requirements; that do not remain watertight; that fail in adhesion, cohesion, or general durability; or that deteriorate in manner not clearly specified by submitted waterproofing manufacturer's data as inherent quality of material for application indicated. b.) Removal and reinstallation of protection course, drainage panels, and insulation. Warranty includes replacing materials as necessary. c.) Warranty does not include removal or reinstallation of plantings, soil overburden or backfill, concrete or asphalt topping, or paver systems. 2. Warranty Period: 15 years from the date of recordation of "Notice of Comple- tion". l'\ • ., Revised 11/24/1 0 Contract No. 4718 Page 115 of 130 PART 2 PRODUCTS 2.1 ROOFING MATERIALS A. Source Limitations: Obtain materials through one source from single waterproofing manufacturer, or from sources approved by waterproofing manufacturer. B. Adhesive: Rock-It WB Title 24 Surfacing Adhesive, by Tremco or equal. 2.2 AUXILIARY MATERIALS A. General: Furnish auxiliary materials recommended by waterproofing manufacturer for intended use and compatible with sheet waterproofing. 1. Furnish liquid-type auxiliary materials that comply with VOC limits less than or equal to 80 grams/liter. B. Primer: SP Primer. C. Aggregate: A 1 Grit 3/8" Fire White Aggregate. D. Reflective Coating: Solarguard 6083 Coating. E. Reinforcing Membrane: Rapid Set Polyester Membrane. F. Rubberized Emulsion: Tremlastic S. G. Fiberglass Mesh: Burmesh. H. Sealant: As recommended and approved by the waterproofing manufacturer for use with this system and materials. I. Waterproofing mastic: as supplied or recommended by manufacturer. J. Draw bands: Stainless steel draw band as recommended by waterproofing man- ufacturer to terminate around round pipes. 2.3 ACCESSORIES A. Pipe Blocks: Pipe blocks: As recommended and approved by the waterproofing manufacturer for use with this system and materials. Provide rubber pipe blocks at all conduit, pipe, and condensate line locations. l'\ •f' Revised 11/24/10 Contract No. 4718 Page 116 of 130 PART 3 EXECUTION 3.1 EXAMINATION A. Examine substrates and conditions with Installer and waterproofing manufac- turer's representative for compliance with requirements and other conditions affect- ing performance of waterproofing. 1. Ensure that Work done by other trades is complete and ready to receive wa- terproofing. 2. Notify Owner in writing of conditions which may adversely affect waterproofing system installation or performance. Do not proceed with waterproofing in- stallation until these conditions have been corrected and reviewed by Owner. 3.2 COORDINATION A. Coordinate Work to ensure that adjacent areas of the building and site are not ad- versely affected in regard to access, noise or damage. B. Coordinate with Owner's Representative(s) in regard to work schedule and Project Conditions (paragraph 1.5 above), and with other vendor that may need site access to minimize potential conflicts. C. NOTE: All demolition and otherwise noisy work and all roofing product appli- cation work must be conducted on weekend time. 3.3 SURFACE PREPARATION A. Remove all loose gravel per manufacturer's recommendations. Given that work may be noisy, such work must be conducted on weekend time. B. Clean and prepare substrate according to waterproofing manufacturer's written in- structions. All wash-down water used must be captured and properly disposed of. Wastewater from project may not be discharged into City sewer or storm drain system. C. Mask off adjoining surfaces not receiving waterproofing to prevent spillage and over- spray affecting other construction. D. Close off deck drains and other deck penetrations to prevent spillage and migration of waterproofing fluids. E. Installer and waterproofing manufacturer's representative shall examine substrate to ensure that it is properly prepared and ready to receive waterproofing. Waterproofing manufacturer's representative shall report in writing to Installer and Owner conditions which will adversely affect waterproofing system installation or performance. Do not proceed with waterproofing installation until these conditions have been corrected and reviewed by Owner. {'\ • ., Revised 11/24/10 Contract No. 4718 Page 117 of 130 F. Proceed with installation only after unsatisfactory conditions have been corrected. Commencing installation constitutes acceptance of work surfaces and conditions. 3.4 FLASHING REINFORCING INSTALLATION A. Install reinforcing at penetrations according to waterproofing manufacturer's written instructions. 1. Install polyester membrane reinforcing at base flashings and penetrations. 2. Coat with Solarguard 6083 Coating. B. Drains: 1. Spud gravel within 24 inches of drains. 2. Remove clamping rings 3. Install 2 plies of polyester membrane. 4. Reinstall clamping ring. 3.5 SURFACING APPLICATION A. Apply primer to prepared substrate according to manufacturer's written instructions. B. Apply flood coat of surfacing material according to manufacturer's written instructions or at rate of 7 gallons per square if not otherwise written. C. Immediately after application of flood coat, apply aggregate according to manufac- turer's written instructions or at rate of 240 lbs. per square if not otherwise written. 3.6 CLEANING AND PROTECTION A. Clean spillage and soiling from adjacent construction using cleaning agents and pro- cedures recommended by manufacturer of affected construction. B. Protect waterproofing from damage and wear throughout construction period. C. Inspect and clean all roof drains and gutters of leaves, trash and construction mate- rials at completion of work. END OF SECTION {'\ • ., Revised 11/24/10 Contract No. 4718 Page 118 of 130 SECTION 07 62 00-SHEET METAL FLASHING AND TRIM PART 1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings and General Provisions of Contract, including General and Supplementary Conditions, apply to work of this Section. 1.2 SUMMARY A. Section Includes: 1 . Sheet metal flashing 2. Manufactured reglets with counterflashing. 1.3 COORDINATION A. Coordinate sheet metal flashing and trim layout and seams with sizes and locations of penetrations to be flashed, and joints and seams in adjacent materials. B. Coordinate sheet metal flashing and trim installation with adjoining roofing and wall materials, joints, and seams to provide leak-proof, secure, and noncorrosive installa- tion. 1.4 PREINSTALLATION MEETINGS A. Pre-installation Conference: Conduct conference at Project site and coordinate with roofing pre-installation meeting. 1. Review construction schedule. Verify availability of materials, Installer's person- nel, equipment, and facilities needed to make progress and avoid delays. 2. Review special roof details, roof drainage, roof-penetration flashing, equipment curbs, and conditions of other construction that affect sheet metal flashing and trim. 3. Review requirements for insurance and certificates if applicable. 4. Review sheet metal flashing observation and repair procedures after flashing installation. 1.5 ACTION SUBMITTALS A. Product Data: For each type of product 1. Include construction details, material descriptions, dimensions of individual components and profiles, and finishes for each manufactured product and ac- cessory. t' • ., Revised 11/24/10 Contract No. 4718 Page 119 of 130 B. Shop Drawings: For sheet metal flashing and trim 1. Include plans, elevations, sections, and attachment details. 2. Detail fabrication and installation layouts, expansion-joint locations, and keyed details. Distinguish between shop-and field-assembled work. 3. Include identification of material, thickness, weight, and finish for each item and location in Project. 4. Include details for forming, including profiles, shapes, seams, and dimensions. 5. Include details for joining, supporting, and securing, including layout and spac- ing of fasteners, cleats, clips, and other attachments. Include pattern of seams. 6. Include details of termination points and assemblies. 7. Include details of roof-penetration flashing. 8. Include details of special conditions. 9. Include details of connections to adjoining work. 10. Detail formed flashing I trim at scale of not less than 3 inches per 12 inches. 1.6 INFORMATIONAL SUBMITTALS A. Qualification Data: For fabricator. B. Product Test Reports: For each product, for tests performed by a qualified testing agency. C. Sample Warranty: Note requirements for this project under paragraph 3.6. 1.7 CLOSEOUT SUBMITTALS A. Maintenance Data: For sheet metal flashing and trim and its accessories, to include in maintenance manuals. 1.8 QUALITY ASSURANCE A. Fabricator Qualifications: Employs skilled workers who custom fabricate sheet metal flashing and trim similar to that required for this Project and whose products have a record of successful in-service performance. 1.9 DELIVERY, STORAGE AND HANDLING A. Do not store sheet metal flashing and trim materials in contact with other materials that might cause staining, denting, or other surface damage. Store sheet metal flashing and trim materials away from uncured concrete and masonry. {'\ • ., Revised 11/24/1 0 Contract No. 4718 Page 120 of 130 B. Protect strippable protective covering on sheet metal flashing and trim from exposure to sunlight and high humidity, except to extent necessary for period of sheet metal flashing and trim installation. 1.10 GUARANTEE I WARRANTY A. Installer's Guaranty: 1. Written guaranty, signed by Installer, including: a.) Repair or replace flashing that do not comply with requirements; that do not remain watertight; that fail in adhesion, cohesion, or general durability; or that deteriorate in manner not clearly specified by submitted waterproof- ing manufacturer's data as inherent quality of material for application indi- cated. b.) Removal and reinstallation of protection board, drainage panels, and insu- lation. Guaranty includes replacing materials as necessary. c.) Repair or replacement, to satisfaction of Owner, of other work or items which may have been displaced or damaged as consequence of defective work. d.) Make immediate emergency repairs within 48 hours of notice of leakage. 2. Guaranty Period: 1 year from date of recordation of "Notice of Completion". B. Manufacturer's Warranty 1. 2. Written warranty, signed by manufacturer and Installer, including: a.) Repair or replace waterproofing or sheet flashings that do not comply with ,~~ requirements; that do not remain watertight; that fail in adhesion, cohesion, or general durability; or that deteriorate in manner not clearly specified by submitted waterproofing manufacturer's data as inherent quality of material for application indicated. b.) Removal and reinstallation of protection course, drainage panels, insula- tion and any materials necessary to repair. Warranty includes replacing materials as necessary. Warranty Period: 15 years from the date of recordation of "Notice of Comple- tion". PART 2 PRODUCTS 2.1 PERFORMANCE REQUIREMENTS A. General: Sheet metal flashing and trim assemblies shall withstand wind loads, struc- tural movement, thermally induced movement, and exposure to weather without failure due to defective manufacture, fabrication, installation, or other defects in construction. Completed sheet metal flashing and trim shall not rattle, leak, or loosen, and shall re- main watertight. B. Sheet Metal Standard for Flashing and Trim: Comply with NRCA's "The NRCA Roofing Manual" and SMACNA's "Architectural Sheet Metal Manual" requirements for dimen- sions and profiles shown unless more stringent requirements are indicated. {'\ •fi' Revised 11/24/10 Contract No. 4718 Page 121 of 130 C. Thermal Movements: Allow for thermal movements from ambient and surface temper- ature changes to prevent buckling, opening of joints, overstressing of components, failure of joint sealants, failure of connections, and other detrimental effects. Base calculations on surface temperatures of materials due to both solar heat gain and nighttime-sky heat loss. 1. Temperature Change: 120 degrees F, ambient; 180 degrees F, material sur- faces. 2.2 SHEET METALS A. General: Protect mechanical and other finishes on exposed surfaces from damage by applying strippable, temporary protective film before shipping. B. Metallic-Coated Steel Sheet: Provide zinc-coated (galvanized) steel sheet according to ASTM A 653/A 653M, G90 coating designation; pre-painted by coil-coating process to comply with ASTM A 755/A 755M. 1. Surface: Factory finish white or primed and painted white glossy for metal for visible sheet metal flashing. Follow paint manufacturer's instructions for exterior paint for metal substrate. 2.3 UNDERLAYMENT MATERIALS A. Felt: ASTM D 22610 226M, Type II (No. 30), asphalt-saturated organic felt; non-perfo- rated. B. Self-Adhering, High-Temperature Sheet: Minimum 30 mils thick, consisting of a slip-resistant polyethylene-or polypropylene-film top surface laminated to a layer of butyl-or SBS-modified asphalt adhesive, with release-paper backing; specifically designed to withstand high metal temperatures beneath metal roofing. Provide primer according to written recommendations of underlayment manufacturer. 1. Products: Subject to compliance with requirements, available products that may be incorporated into the Work include, but are not limited to, the following: a.) Tremco or Equal: ExoAir HTF or equal. 2. Thermal Stability: ASTM D 1970; stable after testing at 240 degrees F or higher. 3. Low-Temperature Flexibility: ASTM D 1970; passes after testing at minus 20 degrees F or lower. C. Slip Sheet Rosin-sized building paper, 3 lbs. /100 sq. ft. minimum. 2.4 MISCELLANEOUS MATERIALS A. General: Provide materials and types of fasteners, solder, protective coatings, sealants, and other miscellaneous items as required for complete sheet metal flashing and trim installation and as recommended by manufacturer of primary sheet metal or manufac- tured item unless otherwise indicated. B. Fasteners: Wood screws, annular threaded nails, self-tapping screws, self-locking {'\ • ., Revised 11/24/1 0 Contract No. 4718 Page 122 of 130 rivets and bolts, and other suitable fasteners designed to withstand design loads and recommended by manufacturer of primary sheet metal or manufactured item. 1. General: Fasten with self-drilling screws, gasketed, with hex-washer head a.) Exposed Fasteners: Heads matching color of sheet metal using plastic caps or factory-applied coating. Provide metal-backed EPDM or PVC sealing washers under heads of exposed fasteners bearing on weather side of metal. b.) Blind Fasteners: High-strength aluminum or stainless-steel rivets suitable for metal being fastened. c.) Spikes and Ferrules: Same material as gutter; with spike with ferrule matching internal gutter width. 2. Fasteners for Zinc-Coated (Galvanized) Steel Sheet: Series 300 stainless steel or hot-dip galvanized steel according to ASTM A 153/A 153M or ASTM F2329. C. Solder: For Zinc-Coated (Galvanized) Steel: ASTM B 32, Grade Sn50, 50 percent tin and 50 percent lead or Grade Sn60, 60 percent tin and 40 percent lead with maxi- mum lead content of 0.2 percent. D. Sealant Tape: Pressure-sensitive, 100 percent solids, polyisobutylene compound sealant tape with release-paper backing. Provide permanently elastic, non-sag, non- toxic, non-staining tape 1/2 inch wide and 1/8 inch thick. E. Elastomeric Sealant: ASTM C 920, elastomeric polyurethane polymer sealant; of type, grade, class, and use classifications required to seal joints in sheet metal flash- ing and trim and remain watertight. F. Butyl Sealant: ASTM C 1311, single-component, solvent-release butyl rubber seal- ant; polyisobutylene plasticized; heavy bodied for hooked-type expansion joints with limited movement. G. Bituminous Coating: Cold-applied asphalt emulsion according to ASTM D 1187. H. Asphalt Roofing Cement: ASTM D 4586, asbestos free, of consistency required for ap- plication. I. Foam Tape: PVC closed cell foam tape, 3/4 inch wide minimum, 1/2 inch thick min. 2.5 MANUFACTURED SHEET METAL FLASHING AND TRIM A. If reglets need to be replaced: Reglets: Units of type, material, and profile required, formed to provide secure interlocking of separate reglet and counterflashing pieces, and compatible with flashing indicated with factory-mitered and -welded corners and junctions and with interlocking counterflashing on exterior face, of same metal as reg let. Match same manufacturer as existing condition requires. 2.6 FABRICATION, GENERAL A. General: Custom fabricate sheet metal flashing and trim to comply with details {'\ • ., Revised 11/24/10 Contract No. 4718 Page 123 of 130 shown and recommendations in cited sheet metal standard that apply to design, dimen- sions, geometry, metal thickness, and other characteristics of item required. Fabricate sheet metal flashing and trim in shop to greatest extent possible. 1. Fabricate sheet metal flashing and trim in thickness or weight needed to comply with performance requirements, but not less than that specified for each appli- cation and metal. 2. Obtain field measurements for accurate fit before shop fabrication. 3. Form sheet metal flashing and trim to fit substrates without excessive oil canning, buckling, and tool marks; true to line, levels, and slopes; and with exposed edges folded back to form hems. 4. Conceal fasteners and expansion provisions where possible. Do not use ex- posed fasteners on faces exposed to view. B. Expansion Provisions: Form metal for thermal expansion of exposed flashing and trim. Use lapped expansion joints only where indicated on Drawings. C. Sealant Joints: Where movable, non-expansion-type joints are required, form metal to provide for proper installation of elastomeric sealant according to cited sheet metal standard. D. Fabricate cleats and attachment devices from same material as accessory being anchored or from compatible, noncorrosive metal. E. Seams: Fabricate nonmoving seams with flat-lock seams. Form seams and seal with elastomeric sealant unless otherwise recommended by sealant manufacturer for in- tended use. F. Do not use graphite pencils to mark metal surfaces. 2. 7 LOW-SLOPE ROOF SHEET METAL FABRICATIONS A. Counterflashing: Shop fabricate interior and exterior corners. Fabricate from Galva- nized Steel: 0.022 inch thick. B. Equipment Cap: Fully soldered. Fabricate from Galvanized Steel: 0.030 inch thick. C. Scupper: Fully soldered. Fabricate from Galvanized Steel: 0.030 inch thick. PART 3 EXECUTION 3.1 EXAMINATION A. Examine substrates, areas, and conditions, with Installer present, for compliance with requirements for installation tolerances, substrate, and other conditions affecting per- formance of the Work. 1. Verify compliance with requirements for installation tolerances of substrates. {'\ •+i' Revised 11/24/1 0 Contract No. 4718 Page 124 of 130 2. Verify that substrate is sound, dry, smooth, clean, sloped for drainage, and securely anchored. B. Proceed with installation only after inspection by Owner's Representative and unsatis- factory conditions have been corrected. 3.2 UNDERLAYMENT INSTALLATION A. Felt Underlayment: Install felt underlayment, wrinkle free, using adhesive to minimize use of mechanical fasteners under sheet metal flashing and trim. Apply in shingle fash- ion to shed water, with lapped joints of not less than 2 inches. B. Self-Adhering Sheet Underlayment: Install self-adhering sheet underlayment, wrinkle free. Prime substrate if recommended by underlayment manufacturer. Comply with temperature restrictions of underlayment manufacturer for installation; use primer for installing underlayment at low temperatures. Apply in shingle fashion to shed water, with end laps of not less than 6 inches staggered 24 inches between courses. Overlap side edges not less than 3-1/2 inches. Roll laps and edges with roller. Cover underlayment within 14 days. C. Apply slip sheet, wrinkle free, over underlayment before installing sheet metal flashing and trim. 3.3 INSTALLATION, GENERAL A. General: Anchor sheet metal flashing and trim and other components of the Work securely in place, with provisions for thermal and structural movement. Use fasten- ers, solder, protective coatings, separators, sealants, and other miscellaneous items as required to complete sheet metal flashing and trim system. 1. Install sheet metal flashing and trim true to line, levels, and slopes. Provide uni- form, neat seams with minimum exposure of solder, welds, and sealant. 2. Install sheet metal flashing and trim to fit substrates and to result in watertight performance. Verify shapes and dimensions of surfaces to be covered before fabricating sheet metal. 3. Space cleats not more than 12 inches apart. Attach each cleat with at least two fasteners. Bend tabs over fasteners. 4. Install exposed sheet metal flashing and trim without oil canning, and free of buckling and tool marks. 5. Torch cutting of sheet metal flashing and trim is not permitted. 6. Do not use graphite pencils to mark metal surfaces. B. Metal Protection: Where dissimilar metals contact each other, or where metal contacts pressure-treated wood or other corrosive substrates, protect against galvanic action or corrosion by painting contact surfaces with bituminous coating or by other perma- nent separation as recommended by sheet metal manufacturer or cited sheet metal standard. {'\ •+' Revised 11/24/10 Contract No. 4718 Page 125 of 130 1. Underlayment: Where installing sheet metal flashing and trim directly on ce- mentitious or wood substrates, install underlayment and cover with slip sheet. C. Expansion Provisions: Provide for thermal expansion of exposed flashing and trim. Space movement joints at maximum of 10 feet with no joints within 24 inches of corner or intersection. 1 . Use lapped expansion joints only where indicated on Drawings. D. Fasteners: Use fastener sizes that penetrate wood blocking or sheathing not less than 1-1/4 inches for nails and not less than 3/4 inch for wood screws. E. Conceal fasteners and expansion provisions where possible in exposed work and locate to minimize possibility of leakage. Cover and seal fasteners and anchors as required for a tight installation. F. Seal joints as required for watertight construction. 1. Use sealant-filled joints unless otherwise indicated. Embed hooked flanges of joint members not less than 1 inch into sealant. Form joints to completely conceal sealant. When ambient temperature at time of installation is between 40 and 70 degrees F, set joint members for 50 percent movement each way. Adjust setting proportionately for installation at higher ambient temperatures. Do not install sealant-type joints at temperatures below 40 degrees F. G. Soldered Joints: Clean surfaces to be soldered, removing oils and foreign matter. Pre- tin edges of sheets with solder to width of 1-1/2 inches; however, reduce pre-tinning where pre-tinned surface would show in completed Work. 1. Do not use torches for soldering. 2. Heat surfaces to receive solder, and flow solder into joint. Fill joint completely. Completely remove flux and spatter from exposed surfaces. H. Rivets: Rivet joints where necessary for strength. 3.4 ROOF FLASHING INSTALLATION A. General: Install sheet metal flashing and trim to comply with performance requirements and cited sheet metal standard. Provide concealed fasteners where possible, and set units true to line, levels, and slopes. Install work with laps, joints, and seams that are permanently watertight and weather resistant. B. Pipe or Post Counterflashing: Install counterflashing umbrella with close-fitting collar with top edge flared for elastomeric sealant, extending minimum of 4 inches over base flashing. Install stainless-steel draw band and tighten. C. Counterflashing: Coordinate installation of counterflashing with installation of base flash- ing. Insert counterflashing in reg lets or receivers and fit tightly to base flashing. Extend counterflashing 4 inches over base flashing. Lap counterflashing joints minimum of 4 inches. Secure in waterproof manner by means of snap-in installation and sealant or {'\ •f' Revised 11/24/1 0 Contract No. 4718 Page 126 of 130 lead wedges and sealant, interlocking folded seam or blind rivets and sealant, or anchor and washer at 36-inch centers unless otherwise indicated. D. Roof-Penetration Flashing: Coordinate installation of roof-penetration flashing with in- stallation of roofing and other items penetrating roof. Seal with elastomeric sealant and clamp flashing to pipes where indicated. 3.5 CLEANING AND PROTECTION A. Clean exposed metal surfaces of substances that interfere with uniform oxidation and weathering. B. Clean and neutralize flux materials. Clean off excess solder. C. Clean off excess sealants. D. Remove temporary protective coverings and strippable films as sheet metal flashing and trim are installed unless otherwise indicated in manufacturer's written installation instructions. On completion of sheet metal flashing and trim installation, remove unused materials and clean finished surfaces as recommended by sheet metal flashing and trim manufacturer. Maintain sheet metal flashing and trim in clean condition during construction. E. Replace sheet metal flashing and trim that have been damaged or that have deteriorated beyond successful repair by finish touchup or similar minor repair procedures. END OF SECTION {'\ • ., Revised 11/24/10 Contract No. 4718 Page 127 of 130 APPENDIX A CITY WARRANTY FORM FOR EXECUTION BY MANUFACTURER AND CONTRACTOR CITY HALL ROOF REPLACEMENT AND HVAC REFURBISHMENT CONTRACT NO. 4718 Separate from the Contractor's Guarantee Form, the City has developed a Warranty Form for execu- tion and submission by the Roofing Materials Manufacturer and the Contractor. This document is to be signed, notarized and returned to the City upon completion of the contract work. The contract work will not be determined "Complete" until this form has been executed and accepted by the City. An alternate version of this form may be submitted providing that the language on this City Form is repli- cated in its entirety on the alternate form. Warranty Number: _________ _ Building Owner: The City of Carlsbad. California Building Name: CARLSBAD CITY HALL Address: 1200 Carlsbad Village Drive. Carlsbad. CA 92008 Contractor: DateofProjectCompletion: Dateofinspection: ________ _ This Warranty is effective for fifteen ( 15) years; from through ____ _ Manufacturer and Type of Roofing System Installed.-=-:---------------- Area Warranted: _____ square feet. ________ ,("Manufacturer") warrants to the owner of the building described above ("City"), that subject to the terms, conditions, and limitations stated herein, Manufacturer will cause to be repaired leaks originating in the roof system (the "System") indicated above as applied to the build- ing which are caused by defects in the materials supplied by Manufacturer or defects in workmanship by a Manufacturer's Authorized Applicator for a period of fifteen ( 15) years commencing with the date of substantial completion of the installation of the System with no monetary limit with respect to System repair costs. TERMS, CONDITIONS, LIMITATIONS 1. City is required to notify Manufacturer on the first business day immediately following the discovery of each leak in the System and confirm in writing within one (1) week. l' • ., Revised 11/24/10 Contract No. 4718 Page 128 of 130 2. If on Manufacturer's inspection, Manufacturer determines that the leak is caused by a defect in the Manufacturer's material supplied by Manufacturer to the Manufacturer's Authorized Applicator for this building or the workmanship of the Manufacturer's Authorized Applicator, except as provided in the following paragraph five (5) below, Manufacturer's liability shall be limited to Manufacturer's repair of the System, including membrane, insulation and cover board, and the replacement of materials in the System which are determined by Manufacturer to be damaged by the leak. 3. Manufacturer shall not be responsible for the removal or cost of removal and/or reinstallation of any components/ materials installed over the Manufacturer's System, including but not limited to, insulation, drainage mat, filter fabric, growing medium, plant life, pavers, gravel, concrete or walkways. 4. Manufacturer shall not be responsible for the cost of scaffolding or any type of staging that may be necessary to make repairs to the Manufacturer's System installed and warranted herein. 5. This warranty does not apply and may be null and void if any of the following occur: a. The System is damaged by a natural disaster, including without limitation, earthquake, lightning, hail, windstorm, hurricane, tornado, winds in excess of 60 mph or flood; or b. The System is damaged by any act of negligence, accident, or misuse including but not limited to, vandalism, falling objects, civil disobedience, or act of war; or c. The System is damaged by the use of materials not supplied by or approved of in writing by Manu- facturer; or d. A deficient pre-existing condition or equipment is causing water entry; or e. Metal work or other accessories or equipment is used in the System and causes leaks; or f. There are any alterations or repairs made on or through the completed System, or objects such as but not limited to fixtures, equipment or structures are placed on or attached to the completed struc- ture without first obtaining written authorization from Manufacturer; or g. Failure by City to use reasonable care in maintaining the System; or h. Loss of integrity of the building envelope and/or structure including, but not limited to, partial or complete loss of decking, wall siding, windows, doors or other envelope components, or from dam- age by windblown objects; or i. The System is damaged by structural failures, including without limitation, settling or shifting of the building or movement or cracking or deflection of the roof deck and/or roof structure; or j. The System is damaged by chemical conditions, animals, insects, or other conditions not disclosed in writing to Manufacturer prior to the date of this Warranty; or k. There are any alterations or repairs made on or through the System, or objects including without limitation, machines, structures, fixtures or utilities are placed on the System without prior written authorization by Manufacturer; or I. Deficient design applied to the System such as contact with incompatible materials and/or sub- strates. 6. During the period of the Warranty, Manufacturer, its agents and employees, agree to request and coor- dinate escorted building access through the City Facilities Maintenance Department during regular busi- ness hours. {'\ • ., Revised 11/24/10 Contract No. 4718 Page 129 of 130 7. Should the System be concealed, the cost of exposure of the System for purposes of Manufacturer's investigation and/or repair, such as removal and replacement of any concrete, paving, backfill or over- burden, shall be City's responsibility. Cost of removal and replacement of gravel surface shall be the Manufacturer's responsibility. 8. Manufacturer's failure at any time to enforce any of the terms or conditions stated herein shall not be construed to be a waiver of such provision. 9. City is responsible to Manufacturer for all costs attributed to work performed as the result of service calls for items not covered under this Warranty. 10. This Warranty is issued to the City at the time the Manufacturer's System is installed. This Warranty may only be transferred to a subsequent owner of the building within the applicable original warranty period, upon prior written approval and acceptance by Manufacturer. Under no circumstances, includ- ing but not limited to a warranty transfer, shall the original warranty period be deemed extended for any reason. 11. This Warranty shall not become effective unless and until signed by ________ (Manu- facturer's Authorized Applicator) and Manufacturer ___________ _ 12. MANUFACTURER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING THE PRESENCE OF MOLDS, FUNGI, BACTERIA, SPORES, MYCOTOXINS OR THE LIKE OR FURTHER LOSS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGE TO THE STRUCTURE ON WHICH THE COMPONENTS OF THE SYSTEM ARE SITUATED, DAMAGE TO THE CONTENTS THEREOF, LOSS OF USE OF THE STRUCTURE OR ANY COMPONENT PART THEREOF, OR DAMAGE TO ANY OTHER PROPERTY OR PERSONS. 13. This Warranty shall be governed by the laws of the State of California. Manufacturer: (Company name) Authorized Representative of Manufacturer Contact Phone Number Contractor: (Company name) Manufacturer's Authorized Applicator Contact Phone Number l"\ ·~ Revised 11/24/10 Contract No. 4718 Page 130 of 130