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Coastal Flooring Services Inc; 2018-06-06; PWS18-89GS
NOVATION, RELEASE, AND ASSIGNMENT ATTACHMENT B In consideration of the payment of Twenty One Thousand Seven Hundred Ninety Five Dollars and Fifty Cents ($21,795.50), by The Ohio Casualty Insurance Company and the City of Carlsbad, California does hereby release and forever discharge The Ohio Casualty Insurance Company from any and all liability, claims, demands, cause or causes of action under its Bond No. 070206857 and issued on behalf of Excavation & Construction Specialist, Inc. for liabilities that are incurred prior to the date of execution of this document. This Release novates the Takeover Agreement executed by the City of Loveland and The Ohio Casualty Insurance Company on November 26, 2019. In further consideration of the aforesaid payment, the undersigned hereby assigns, transfers and sets over to The Ohio Casualty Insurance Company its above mentioned claim, and constitutes The Ohio Casualty Insurance Company its true, lawful and irrevocable attorney to demand, receipt for, and enforce payment of, the said claim, and, at its own expense to sue for the said sum so assigned, either in the name of the City of Loveland, Colorado or in its own name. Please be advised that there are potential legal consequences in signing this release document and before signing this document you have the right to consult with your own legal counsel. The surety may have interests which conflict with your interests and so it is not able to advise you as to your legal rights. By requesting your signature on this releas t e surety is not providing you with any legal advice. Date: _2A__;__t>_'2..:-=2b~----- This document must be executed before a Notary Public and include the attached Notary Acknowledgement STATE OF COUNTY OF ) ) ) ss: On , 2020, before me, --------------------------Name --e.g. Jane Doe Notary Public personally appeared Name(s) of Signer(s) to me known, who, being by me duly sworn, did depose and say that they reside in City of ----------St ate Signature of Notary Public 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 San Diego ) On before me, Morgen Fry (insert name and title of the officer) personally appeared 0c,,Q:\t ~d Lu1GK who proved to me on the basis of satisfactory evidence to be the person~ whose name~) is.£at:e subscribed to the within instrument and acknowledged to me that hc.lst:ie/they executed the same in his/RerltReir authorized capacity(teaj., and that by his/l=terAAeff:.signature~ on the instrument the person~ or the entity upon behalf of which the person~ acted, executed the instrument. I certify under PENAL TY 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\_,~ ,..~ (Seal) Statutory Fraud Language by State APPLICABLE IN ALABAMA Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or who knowingly presents false information in an application for insurance is guilty of a crime and may be subject to restitution fines or confinement in prison, or any combination thereof. Please see: AL ST§ 27-12A-20 APPLICABLE IN ALASKA A person who knowingly and with intent to injure, defraud, or deceive an insurance company files a claim containing false, incomplete, or misleading information may be prosecuted under state law. Please see: AK ST § 21.36.380. APPLICABLE IN ARIZONA For your protection, Arizona law requires the following statement to appear on this form. Any person who knowingly presents a false or fraudulent claim for payment of a loss is subject to criminal and civil penalties. Please see: AZ ST § 20-466.03. APPLICABLE IN ARKANSAS, DELA WARE, KENTUCKY, LOUISIANA, MAINE, NEW JERSEY, NEW MEXICO, PENNSYLVANIA, RHODE ISLAND, TENNESSEE, TEXAS, VIRGINIA, AND WEST VIRGINIA Any person who knowingly and with intent to defraud any insurance company or another person, files a statement of claim containing any materially false information, or conceals for the purpose of misleading, information concerning any fact, material thereto, commits a fraudulent insurance act, which is a crime, subject to criminal prosecution and civil penalties. In LA, ME, TN, and VA, insurance benefits may also be denied. Please see: AR ST § 23-66-503, DE ST TI 11 § 913, KY ST§ 304.47-030, LA R.S. § 40:1424, ME ST T. 24-A § 2186, NJ ST§ l 7:33A-6; NJ ADC 11 :16-1.2, NM ST§ 59A-16C-8, PA ST TI. 18 P.S. § 4117, RI ST§ 27-29- 13.3; RI ST§ 27-54.1-3; RI Bulletin 2010-3, RI ST§ 28-35-39, TN ST§ 56-47-112; TN Bulletin 9-20-96, TN ST§ 56-47-112; TN Bulletin 9-20-96, TX Ins§ 704.002, VA ST§ 52-40 and WV ST§ 33-41-3. APPLICABLE IN CALIFORNIA For your protection, California law requires the following to appear on this form: Any person who knowingly presents a false or fraudulent claim for payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. Please see: CAL. INS. CODE § 1871.2, CAL. INS. CODE§ 1871.8 and CA Labor§ 5401.7. APPLICABLE IN COLORADO It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policy holder or claimant for the purpose of defrauding or attempting to defraud the policy holder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Please see: CO ST § 10-1-128. APPLICABLE IN THE DISTRICT OF COLUMBIA Warning: It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance benefits, if false information materially related to a claim was provided by the applicant. Please see: DC Code § 22-3225.09. APPLICABLE IN FLORIDA Pursuant to S. 817 .234, Florida Statutes, any person who, with the intent to injure, defraud, or deceive any insurer or insured, prepares, presents, or causes to be presented a proof of loss or estimate of cost or repair of damaged property in support of a claim under an insurance policy knowing that the proof of loss or estimate of claim or repairs contains any false, incomplete, or misleading information concerning any fact or thing material to the claim commits a felony of the third degree, punishable as provided in S. 775.082, S. 775.083, or S. 775.084, Florida Statutes. Please see: FL ST § 817 .234; FL Informational Bulletin 96-001 and FL ST § 440.105. APPLICABLE IN IDAHO Any person who knowingly and with the intent to injure, defraud, or deceive any insurance company files a statement of claim containing any false, incomplete or misleading information is guilty of a felony. Please see: ID ST § 41-1331. APPLICABLE IN INDIANA A person who knowingly and with intent to defraud an insurer files a statement of claim containing any false, incomplete, or misleading information commits a felony. Please see: IN ST§ 27-2-16-3. APPLICABLE IN MARYLAND Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Please see: MD Insurance§ 27-805. APPLICABLE IN MINNESOTA A person who files a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime. Please see: MN ST § 60A.955 and MN ST § 176.178. APPLICABLE IN NEV ADA Pursuant to NRS 686A.291, a person who commits insurance fraud is guilty of a category D felony and shall be punished as provided in NRS 193.130. APPLICABLE IN NEW HAMSPHIRE Any person who, with purpose to injure, defraud or deceive any insurance company, files a statement of claim containing any false, incomplete or misleading information is subject to prosecution and punishment for insurance fraud, as provided in RSA 638:20. Please see: NH ST§ 402:82; NH Bulletin 99-012-AB. APPLICABLE IN NEW YORK Any person who knowingly and with intent to defraud any insurance company or other person files an application for commercial insurance or a statement of claim for any commercial or personal insurance benefits containing any materially false information, or conceals for the purpose of misleading, information concerning any fact material thereto, and any person who in connection with such application or claim knowingly makes or knowingly assists, abets, solicits or conspires with another to make a false report of the theft, destruction, damage or conversion of any motor vehicle to a law enforcement agency, the Department of Motor Vehicles or an insurance company, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the value of the subject motor vehicle or stated claim for each violation. Please see: NY Ins§ 403; 11 NY ADC 86.4 (Regulation No. 95) and NY Work Comp§ 132. APPLICABLE IN OHIO Any person who, with intent to defraud or knowing that he/she is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. Please see: OH ST§ 3999.21; OH Bulletin 92-3. APPLICABLE IN OKLAHOMA WARNING: Any person who knowingly and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony. Please see: OK ST T. 36 § 3613.1 and OK ST T. 85 § 383. APPLICABLE IN WASHINGTON It is a crime to knowingly provide false, incomplete, or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines and denial of insurance benefits. Please see: WA ST§ 48.135.080. ~. ~ Project: 4738, Project Name: Senior Center Floor Renovations Change Order No. 2 CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 2 PROJECT: 4738, Senior Center Floor Renovations CONTRACT NO. 4738 ACCOUNT NO. 3707000-9060/4 7381-9066 CONTRACTOR: Coastal Flooring Surface, Inc. ADDRESS: 4924 Balboa Blvd. Suite 461 Encino, CA 91316 P.O. NO. P136044 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 Increase quantity of bid item number 4, Install Vapor/Moisture Barrier. The required moisture testing of the concrete slab indicated higher than expected moisture readings in all of the Senior Center subfloor areas. The total Vapor/Moisture Barrier required for this project will be increased by 5,045 sq. ft. Increase to contract cost. .................................................................. $12,612.50 TOTAL INCREASE TO CONTRACT COST ....................................................... $12,612.50 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE NOT BE INCREASED AS A RESULT OF THIS CHANGE ORDER. --' Project: 4738, Project Name: Senior Center Floor Renovations Change Order No. 2 RECOMMENDED BY: APPROVED BY: 4;::_~ {)~YI/~ MUNICIPAL PROJECTS MANAGER (DATE) _____.._-/!-----'½------.C______,/Zv--___ 5_c p_f ("1_b« 41}o J lf CONTRACTOR (DATE) ENGIN F(NANCE DIRECTOR (DATE) q ,;7,1& (DATE) APPROVED AS TO FORM: f ~ CITY ATTORNEY (DATE) DISTRIBUTION: PROJECT FILE (ORIGINAL), PURCHASING, CONTRACTOR ~ . CITY OF CARLSBAD CONTRACT CHANGE ORDER NO. 1 PROJECT: Senior Center Floor Renovations CONTRACT NO. 4738-PWM18-89GS ' P.O. NO. P136044 ACCOUNT NO. 3707000-9060/4738-9066 CONTRACTOR: Coastal Flooring Surface, Inc. ADDRESS: 4924 Balboa Blvd. Suite 461 Encino, CA 91316 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: The Fitness Room is removed from the scope of the project. The Fitness Room consists of: 1132 sqft carpet ($11 /sqft), 168 In. ft. rubber base ($1.50/LF), and 1132 sqft moisture barrier ($2.50/sqft) all of which are being deleted from the scope of work. Decn~ase to contract cost. .................................................................. ($15,534) Item 2: Increase Bid Item No. 5 Carpet quantities were field verified and the total carpet required for this project will be increased with this change order. 1,775 sqft of additional carpet ($11/sqft) is required for the project. Increase to contract cost. ..................................................................... $19,525 Item 3: Increase Bid Item No. 1 . Vinyl quantities were field verified and the total required for this project will be increased with this change order. 752 sqft of additional vinyl ($12/sq. ft.) is required for the project. Increase to contract cost. ....................................................................... $9,024 Item 4: Increase Bid Item No. 4 456 LF rubber base ($1.50 LF) is required for the project. Rubber base quantities were field verified and the total required for this project will be increased with this change order. Increase to contract cost. ......................................................................... $684 • Project: 4738, Project Name: Senior Center Floor Rer,iovations Change Order No. 1 TOTAL INCREASE TO CONTRACT COST .......................................................... $13,699 TIME FOR COMPLETION OF ALL WORK UNDER THIS CONTRACT SHALL BE NOT BE INCREASED AS A RESULT OF THIS CHANGE ORDER. RECOMMENDED BY: APPROVED BY: ~ D~ ~-7-ta ~&Jr,5}iNJ~C\. ~-3-cJ.0/8 MUNICIPAL PROJECTS MANAGER (DATE) CONTRACTOR (DATE) ~~ ~/10/lg ENGi FINANCE DIRECTOR (DATE) ~ s/u/t_g (DATE) CITY ,,,>-(DATE) APPROVED AS TO FORM: f1vc,~ ~/(3/f g (DATE) DISTRIBUTION: PROJECT FILE (ORIGINAL), PURCHASING, CONTRACTOR CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENT� GENERAL PROVISIONS, SUPPLEMENTAL PROVISIONS, AND TECHNICAL SPECIFICATIONS FOR C SENIOR CENTER FLOOR RENOVATIONS CONTRACT NO. 4738 BJD NO. PWS18-89GS l'\ •fl Revised 7/19/17 Contract No. 4738 Page 1 of 127 Pages INFORMATION TO BIDDERS Questions on the bid documents during the bid period must be submitted in writing, via email, solely to: Janean Hawney, Associate Contract Administrator janean.hawney@carlsbadca.gov Questions shall be definite and certain and shall reference applicable drawing sheets, notes, details or specification sections. The cutoff date to submit questions regarding this project is April 12, 2018 No questions will be entertained after that date. The answers to questions submitted during the bidding period will be published in an addendum and provided to those bidding on the project by April 16, 2018 For additional information concerning questions on the bid documents, refer to Notice Inviting Bids, page 6. Due date for bids: April 19, 2018 by 11 :00 a.m. NON-MANDATORY PRE-BID MEETING AND MEASURMENT OPPORTUNITY Date: April 11, 2018 Time: 9 a.m. -11:00 a.m. Location: Senior Center, Activity Room 799 Pine Avenue, Carlsbad, CA 92008 ,, • .., Revised 7/19/17 Contract No. 4738 Page 2 of 127 Pages TABLE OF CONTENTS Notice Inviting Bids ..................................................................................................................... 6 Contractor's Proposal ................................................................................................................ 11 Bid Security Form ..................................................................................................................... 16 Bidder's Bond to Accompany Proposal ..................................................................................... 17 Guide for Completing The "Designation of Subcontractors" Form ............................................. 18 Designation of Subcontractor and Amount of Subcontractor's Bid Items ................................... 19 Bidder's Statement of Technical Ability and Experience ............................................................ 20 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation ...................................................................... 21 Bidder's Statement Re Debarment ............................................................................................ 22 Bidder's Disclosure of Discipline Record ................................................................................... 23 Noncollusion Declaration to be Executed by Bidder and Submitted with Bid ............................. 25 Contract Public Works ............................................................................................................... 26 Labor and Materials Bond ......................................................................................................... 32 Faithful Performance/Warranty Bond ........................................................................................ 34 Optional Escrow Agreement for Security Deposits in Lieu of Retention ..................................... 36 Section 1 --Terms, Definitions, Abbreviations, and Symbols ................................................. 39 1-1 Terms ...................................................................................................................... 39 1-2 Definitions ............................................................................................................... 39 1-3 Abbreviations .......................................................................................................... 43 1-4 Units of Measure ..................................................................................................... 46 1-5 Symbols .................................................................................................................. 47 Section 2 -Scope and Control of Work ................................................................................. 48 2-1 Award and Execution of Contract ........................................................................... .48 2-2 Assignment ............................................................................................................. 48 2-3 Subcontracts ........................................................................................................... 48 2-4 Contract Bonds ........................................................................................................ 49 2-5 Plans and Specifications ......................................................................................... 50 2-6 Work to be Done ..................................................................................................... 54 Section 3 -Changes In Work ................................................................................................ 54 3-1 Changes Requested by the Contractor .................................................................... 54 3-2 Changes Initiated by the Agency ............................................................................. 54 ,, •;;' Revised 7/19/17 Contract No. 4738 Page 3 of 127 Pages 3-3 Extra Work .............................................................................................................. 56 3-4 Changed Conditions ................................................................................................ 58 3-5 Disputed Work ......................................................................................................... 60 Section 4 -Control of Materials ............................................................................................. 65 4-1 Materials and Workmanship .................................................................................... 65 4-2 Materials Transportation, Handling and Storage ...................................................... 70 Section 5 -Utilities -Not used ............................................................................................... 70 Section 6 -Prosecution, Progress, and Acceptance of the Work .......................................... 70 6-1 Construction Schedule and Commencement of Work .............................................. 70 6-2 Prosecution of Work ................................................................................................ 71 6-3 Suspension of Work ................................................................................................ 72 6-4 Default by Contractor ............................................................................................... 72 6-5 Termination of Contract ........................................................................................... 72 6-6 Delays and Extensions of Time ............................................................................... 73 6-7 Time of Completion ................................................................................................. 73 6-8 Completion, Acceptance, and Warranty .................................................................. 75 6-9 Liquidated Damages ............................................................................................... 75 6-10 Use of Improvement During Construction ................................................................ 75 Section 7 -Responsibilities of the Contractor ........................................................................ 76 7-1 Contractor's Equipment and Facilities ..................................................................... 76 7-2 Labor ....................................................................................................................... 76 7-3 Liability lnsurance .................................................................................................... 76 7-4 Workers' Compensation Insurance .......................................................................... 76 7-5 Permits .................................................................................................................... 77 7-6 The Contractor's Representative ............................................................................. 77 7-7 Cooperation and Collateral Work ............................................................................. 78 7-8 Project Site Maintenance ......................................................................................... 78 7-9 Protection and Restoration of Existing lmprovements .............................................. 80 7-10 Public Convenience and Safety ............................................................................... 81 7-11 Patent Fees or Royalties ......................................................................................... 83 7-12 Advertising .............................................................................................................. 83 7-13 Laws to be Observed ............................................................................................... 83 7-14 Antitrust Claims ....................................................................................................... 84 Section 8 -Facilities for Agency Personnel ........................................................................... 84 8-1 General ................................................................................................................... 84 {'\ •ti Revised 7/19/17 Contract No. 4 738 Page 4 of 127 Pages Section 9 -Measurement and Payment ................................................................................ 84 9-1 Measurement Of Quantities aor Unit Price Work ..................................................... 84 9-2 Lump Sum Work ...................................................................................................... 84 9-3 Payment .................................................................................................................. 84 9-4 Bid Items ................................................................................................................. 88 Technical Specifications ........................................................................................................ 90 Division 02 -Site Construction 024119 Selective Demolition and Furniture Relocation Division 07 -Thermal and Moisture Protection 072613 Vapor Reduction Systems Division 09 -Finishes 096513 Resilient Base and Accessories 096519 Resilient Tile Flooring 096813 Carpeting l'\ •+' Revised 7/19/17 Contract No. 4738 Page 5 of 127 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 11 :00 a.m. on April 19, 2018, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Interior carpet replacement of the City of Carlsbad Senior Center floor located at 799 Pine Ave, Carlsbad, CA 92008. Work to include refinishing of identified floor surfaces as identified in the Senior Center lmporovements Drawings and the Technical Specifications. SENIOR CENTER FLOOR RENOVATIONS CONTRACT NO. 4738 INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS The City of Carlsbad will be refurbishing several floor areas of the Carlsbad Senior Center located at 799 Pine Ave, Carlsbad, CA 92008. The City requires the services of a qualified Contractor to remove and where possible, recycle existing floor covering products/base, and install new floor covering and rubber wall cove base per the guidelines, Technical Specifications and drawings that accompany this Notice Inviting Bids. Contractor shall remove and store (onsite), the existing furniture and equipment (in identified rooms), and then upon completion of installation of new floors and base, reinstall all previously moved furniture and equipment to working condition. Computer hardware and fixtures must be labeled appropriately to ensure reconnection to original data ports. Where possible, furniture or office partitions may be lifted in-place utilizing appropriate furniture/partition lifting equipment. Contractor shall be responsible for the removal and legal disposal of existing flooring and base (wood base to remain in place). The preferred method of disposal is recycling. Contractor shall remove all existing floor and wall adhesive and fill and level all cracks or voids in the floor and walls (related to base) to maintain a smooth surface prior to installation. Contractor will perform vapor/moisture tests on all floors receiving new vinyl or carpet finishes. The Contractor shall provide all, but not limited to, vapor barrier (as needed), flooring material, adhesive, base, labor, transitions, resurfacing of hardwood (as identified), labor and any other material needed to make new all flooring areas noted in the drawings that accompany this Notice Inviting Bids. All existing rubber base throughout first floor is replaced per this project and some existing base may have been removed prior to this project (i.e. based pulled during paint finish application). All finish installations completed in accordance with manufacture and industry standards with manufactures approved adhesive. All bidders are strongly encourage to make their own measurements and determine the required quantities of required materials to complete the job. Bidders are responsible for verifying site conditions and size of areas to be serviced. Failure to do so will not relieve the Contractor of their responsibility to perform in accordance with these specifications. No additional compensation or relief from any obligations of the Contractor will be granted because of lack of knowledge of this site. By submitting a bid, Bidders acknowledge that they are relying on their own examination of the work site and have the capability to fulfill the contract requirements: and are knowledgeable of all other data and matters requisite to the fulfillment of the contract. The information provided by the City is not intended to be a substitute for, or a supplement to the independent verification by the Bidders to extend l'\ •+; Revised 7 /19/17 Contract No. 4738 Page 6 of 127 Pages such independent investigation of site conditions is deemed necessary or desirable by the Bidders. Bidder acknowledge that they have not solely relied upon City furnished information regarding site conditions in preparing and submitting a bid. This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as approved by the City Council of the City of Carlsbad as included with the bid documents found on www.planetbids.com. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Parts 2 & 3, current edition at time of bid opening and the supplements thereto as published by the "Greenbook" Committee of Public Works Standards, Inc., all hereinafter designated "SSPWC", as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly executed including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) -if applicable 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 ('\ •ff Revised 7/19/17 Contract No. 4738 Page 7 of 127 Pages 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 approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $95,000. 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 TY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not include federal funds. The following classifications are acceptable for this contract: B-General Building or C 15-Flooring and Floor Covering. ESCROW AGREEMENT If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $15.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. 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, '-' • ., Revised 7/19/17 Contract No. 4738 Page 8 of 127 Pages 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered and qualified to perform public work pursuant to Section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 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 making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. PRE BID MEETING A non-mandatory pre-bid meeting and tour of the project site will be held at the Senior Center, located at 799 Pine Ave., Carlsbad, CA 92008 on Wednesday, April 11, 2018 from 9:00 a.m. to 11 :00 a.m. The pre-bid meeting is the only opportunity for contractor's to walk the site with the project manager and to verify quantities of required materials. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as determined by the bidder. In case of a discrepancy between words and figures, the words shall prevail. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (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 ( 100%) 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: l'\ •+' Revised 7 /19/17 Contract No. 4738 Page 9 of 127 Pages 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 1 0 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. April 4, 2018 Date l'\ •;, Revised 7/19/17 Contract No. 4738 Page 10 of 127 Pages CITY OF CARLSBA~ .... iµi./Jy . . t:; , .. --!:,J<Ji~Ait;"C: City Council City of Carlsbad SENIOR CENTER FLOOR RENOVATIONS CONTRACT NO. 4738 CONTRACTO~SPROPOSAL 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, 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. 4738 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: Estimated Item Quantity and Unit Price Total Amount No. Description Unit (Figures) (Figures) Remove Existing Vinyl Floor; Preparation; Materials; Install New Vinyl Planks 4,000 1 Eleven Dollars and zero cents Square Feet $ 12.00 $48,000.00 Unit Price in Words Refinish Existing Wood Floor . 760 2 Four dollars and zero cents Square Feet $ 4.00 $ 3,040.00 Unit Price in Words Install New Rubber Base 1,105 3 One dollar and fifty cents Linear Feet $ 1.50 $ 1,657.50 Unit Price in Words Install Vapor/Moisture Barrier Two dollars and fifty cents 4,050 2.50 10,125.00 4 Square Feet $ $ Unit Price in Words ,, •,;" Revised 7/19/17 Contract No, 4738 Page 11 of 127 Pages Estimated Item Quantity and Unit Price Total Amount No. Description Unit (Figures) (Figures) Remove Existing Carpet; Preparation; Materials; Install . New Carpet Tiles 3,700 5 Eleven Dollars and zero cents Square Feet $ 11.00 $40,700.00 Unit Price in Words Total amount of bid items in words: One Hundred Three Thousand Five Hundred Twenty Two Dollars and Fifty cents Total amount of bid items in numbers: $ 103,522.50 ---------------------- The basis of award will be to the apparent low bidder of the sum of Items 1 to 5. Price(s) given above are firm for 90 days after date of bid opening. Addendum (a) No(s). _________ has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number 824437 , classification c-1s and B which expires on Ol/31/2019 , 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 § 7028.1 S(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 P,roperly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same WC'rk, and is in all respects fair and without collusion or fraud. {' • ., Revised 7/19/17 Contract No. 4738 Page 12 of 127 Pages Accompanying this proposal is ___ Bi_d_B_on_d _________ (Cash, Certified Check, Bond or Cashier's Check) for ten percent ( 10%) of the amount bid. The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and agrees to comply with such provisions before commencin{:j 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. IF A SOLE OWNER OR SOLE CONTRACT<::>R 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 ____________________ _ ('\ • ., Revised 7/19/17 Contract No. 4738 Page 13 of 127 Pages IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted _Co_as_ta_l_F_lo_or_in-=-g_S_urf_a_c_es_I_nc_. _________ _ (2)_1,-1-,.:...-~--=-------L~--==-----------(Signature) President (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of __ CA _______ _ (4) Place of Business 4924 Balboa Blvd. Suite 461 (Street and Number) City and State ___ En_c_in_o,_CA ________________________ _ (5) Zip Code _9_13_1_6 _____ _ Telephone No. _ __::8_18_-_39_9_-7_1_79 _________ _ (6) E-Mail __ sa_l_es_@_c_oa_s_ta_lfl_o_or_in..;;;..gs_u_rf_ac_e_s._co_m __________ _ NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED ,, .... Revised 7/19/17 Contract No. 4738 Page 14 of 127 Pages 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 Los Angeles 0 Nobuo Hirako Notary Public On Lf-// -2-:CJ<:J before me, _________________ _ Date Here Insert Name and Title of the Officer ---"~ .... ~ .... ~ personally appeared ---------------------~-------- Name(s) of Signer(s) k-.. who proved to me on the basis of satisfactory evidence to be~t ersol'I\SJwhose name ·~'1re scribed to the within instrument and acknowle ged to me th he/ he/they executed the same in -~her/their authorized capactty(ies), and that by ~er/their signat n the instrument the perso1$h- ~he entity upon behalf of which the perso~) acted, executed the instrument. COMM.ft17tl057 NOBUO HIRAKO ,, NOTARY PUBLIC· CAl.lF0ArM LOS ANOB.E8 C0UNIY !']Comm. Explrllfeb. a.at I Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signature ---~..:::::..~L.=--'--::::::::· ---+-~..--/------4--------=====-- Signature of Notary ---------------oPnONAL--------------- 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: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other: ______________ _ Signer Is Representing: ________ _ Signer Is Representing: ______ _ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) ltsm #5907 List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, iist names of all general partners, and managing partners: Kristian Dena , President ·-C, F-0 Francisco Dena, Vice President Dorian Dena, CEO -S~ ( ct N '1 R,g1;ie Pena, SeeFe~ary ,, • ., Revised 7/19/17 Contract No. 4 738 Page 15 of 127 Pages BID SECURITY FORM (Check to Accompany Bid) SENIOR CENTER FLOOR RENOVATIONS CONTRACT NO. 4738 (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 (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) {'\ •+; Revised 7/19/17 Contract No. 4738 Page 16 of 127 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL SENIOR CENTER FLOOR RENOVATIONS CONTRACT NO. 4738 KNOW ALL PERSONS BY THESE PRESENTS: That we, Coastal Flooring Surfaces, Inc. , as Principal, and The Ohio Casualty Insurance Compa,ny 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 the Total Amount Bid (10%) 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: SENIOR CENTER FLOOR RENOVATIONS CONTRACT NO. 4738 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. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. SIGNED AND SEALED, this ___ 12_th _______ day of _A_._p_ril ______ , 20_1_8 __ Coastal Flooring Surfaces, Inc. (SEAL) ~ (Principal) ByZk'_~ (Signure) t 1, sti ~ J)--v--,tt>1 1 l?'C2fd Ji (Print Name/Title) _T_h_e_0_h_io_C_'a_su_a~lty._I_n_su_ra_n_ce_C_o_m~p_a~ny.___(SEAL) (Surety) '~ ----., )------S--- (Signature) David K. Mahler, Attorney-In-Fact (Print Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH AiTORNEY-IN-f=ACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By:_(j/4_~----- Deputy City Attorney (' • ., Revised 7/19/17 Contract No. 4738 Page 17 of 127 Pages 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 San Mateo On VfJr 1 / lc~,r 1:Ju / f before me, ____ S_o__,y'-T_ry--'--W_o_ng=''-N_o_t_a__,ry_P_u_b_l_ic _______ _ Date Here Insert Name and Title of the Officer personally appeared __ D_a_v_id_K_._M_a_h_le_r _______________________ _ Name(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 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. Place Notary Sea/ Above I certify under PENAL TY 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 ~~- gmtu~Notary Public ---------------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: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 8009961 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts. and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint. David F. Drum!· David K. Mahler all of the city of Foster City . state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 14th day of February . ~- STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ss The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West l\merican Insurance Company 1'i /--J///1 By: -'}.=-f..c.,;2,,-"'f'.:....!........,"-/'-, ~/_.,."";::_~ _________ _ David M. Carey.'Assistant Secretary On this~ day of February , 2018 . before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA f.. ···~. Notarial Se.:11 Teresa Pastefa, Notary Public Upper Menon Twp., Montgomery County My Commission Explres March 28, 2021 By: .t:u~ ~ Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV -OFFICERS -Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President. and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds. recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII -Execution of Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe. shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- tact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I. Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. , -f /t ; r/ IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed the seals of said Companies this~ day of _--i__.'-F_._,!;;,,,,""'t--------, 20J..1J__. 97 of 100 LMS_ 12873_022017 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 Organization", "Subcontractor", and "Work". Bidders are furtner urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($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 the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the 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. 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. ,., • ., Revised 7/19/17 Contract No. 4738 Page 18 of 127 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) SENIOR CENTER FLOOR RENOVATIONS CONTRACT NO. 4738 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Subcontractor Name Phone No .. DIR Subcontractor's Amount of Portion Work by of Work and and Email Registration License No. and Subcontract Location of Business Address No. Classification or in Dollars* NONE NO SUBCONTRACTORS . Page_\_ 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." l' •+' Revised 7/19/17 Contract No. 4738 Page 19 of 127 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) SENIOR CENTER FLOOR RENOVATIONS CONTRACT NO. 4738 The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge 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 February 1, 2018 City of Ontario Housing & Municipal Agency Pat Mallov -909-395-2612 New Luxury Vinlv Floor $90 000.00 208 West. Emporia St. Ontario CA 91762 December 1, 2017 City of Oxnard Housing Authority Mehrdad Rahimi -805-385-8033 New Vinyl Floor in Various Buildings $365,500.00 435 S. D. St. Oxnard, CA 93030 Seotember 15 2017 Communitv Develonment Commission of Paul Shih -626-586-1786 Santa Monica Flooring & Gate Repair $110,000.00 the County of Los Angeles Project Vinyl Installation & Base 700 W. Main St Alhambra, CA 91801 Summer 2017 Long Beach Unified School District Patrick OToole (562) 997-7510 Gym Floor Resurfacing; $150,000.00 2425 Webster Avenue, Long Beach, CA 90810 Marshall High School, Avalon School January 7, 2017 Lodi Adventist Academy Mark Lockwood (209) 368-5341 $100,000.00 1240 S Central Ave, Lodi, CA 95240 August 30, 2017 Burlingame School District Tim Ryan, Phone: (650) 259-3800 Gym Floor Project $30,000.00 1825 Trousdale Dr Burlinoame CA 94010 l' • ., Revised 7/19/17 Contract No. 4738 Page 20 of 127 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) SENIOR CENTER FLOOR RENOVATIONS CONTRACT NO. 4738 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: [il" Comprehensive General Liability ~ Automobile Liability ~ Workers Compensation ~ Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. ("\ .... Revised 7/19/17 Contract No. 4738 Page 21 of 127 Pages ~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MP,1/DD/YYYY} 05/14/2018 THIS CERTIFICATE IS ISSUED ASA MATTER Of INFORMATION ONLY ANO CONFERS NO RIGHTSUPONTHE CERTIFICAT! HOlOER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVB.Y AMl:NO, EXTEND OR ALTO THE COVERAGEAfFORDEOBYTHE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOTCONSTITUTEACONTRACTBETWEEN THE ISSUING INSURER(S). AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is anAOOmONALINSURED. the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. lfSUIIROGATION IS WAIVED, sublectto the terms and conditions of the policy, eettain po Odes may .,.quire an endorsoment. A statement on this eertllicate does noteonfer r'9hts to the certificate holder m Deu of sud! endorsemenl(s). PRODUCER CONTACT NAME: Mariela Balarezo Mariela Balarezo(300237K) i PHONE I FAX 16438 Vanowen St Ste 203 (A/C. NO. EXT): 818-435-2706 ; WC.NO): 818-660-2580 ~MAIL .•• NAIC # --I Van Nuys CA 91406-4774 ADDRESS: mbalarezo@farmersagent.com I INSURER(S) AFFORDING COVERAGE INSURED INSURERA: Truck Insurance Exchange I 21709 I INSURER 8: Farmers Insurance Exchange I 21652 COASTAL FLOORING SURFACES INC INSUR~C: Mid Century Insurance Company 21687 i 4924 BALBOA BLVD #461 Mesa Underwriters Specialty ! 36838 lNSURERD: ENCINO CA 91316 INSURERE; ! INSURERF: i COVERAGES CERTIFICATI: NUMBER; REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE llSTED BELOW HAVE BEEN ISSUED TO Tl-IE INSURED NAME ABOVE FOR THE POUCY PERIOD INDICATED. NOlWITHSTANDlNGANY I REQUIREMENT, TERM OR CONDmON OF A1'li CONTRACT OR OTHER DOCUMENT WITH RESPECr TO WHICH THIS CERTIACATE MAY BE ISSUED OR MAY PERTAIN. THE INSUAANCEAFFOROED BY THE 1 POLICIES DESCRIBED HEREIN LS SUBJECT TO ALL THE 1cRMS, EXCLUSIONS AND CONDITIONS OF SUCH POUOES. LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAIDCLAIMS. i f lNSR TYPEOFINSURANCE ADDTt SUBR POLICVNUMBER POUCYEFF POUCVEXP LIMITS I I LTR INSD Wl/0 (MM/OD/YYYY) ; (MM/DD/YYYY) i ~ERCIAL GENERALUA81UTY _lJ CLAIMS-MADE ~ OCCUR EACH OCCURRENCE s 2,000.ood DAMAGE TO RENTEO ~ I PREMISES (Ea Occurrence) 100.ooq i MEO EXP (Any one person) s 5.00Q D J----~----------1 I GEN'l AGGREGATE LIMIT APPLIES PER: ix] POLICY D PROJECT D LOC ,7 l [ OTHER: MP0004018003455 05/11/2018 05/11/2019 PERSONAL & A.OV INJURY s 2,000,001 GENERALAGGREGATE Is 4,000,00( PRODUCTS-COMP/OPAGG 's 4.000,00( s j AUTOMOBILE llAIIIUTY I lx ANYAUTO B O\NNED AUTOS [ SCHEDULED ONLY AUTOS ~ HIRED AUTOS I NON-OWNED ONl.Y AUTOS ONLY -;--- ' : I i 1606697952 05/11/2018 ! 05/11/2019 I ; COM81NED SINGLE LIMIT s 2.ooo.ooc1 i (Ea accident) BODILY INJURY (Per person) s BODILY INJURY (P"r accicent) $ PROPERTY DAMAGE s (Per accident) s r-UM8REUAUAB OCCUR l EACH OCCURRENCE s I --' ! , EXCESSUAB ' CLAIMS-MADE AGGREGATE s i i Of;"D I I RETENTION s I j s WORKERS COMPENS4TION ANDEMPLOYERS'UAruLITY ANY PROPRIETOR/PARTNER/ V/N EXECUTIVEOFl'ICER/MEMBER r- EXCLUDED? (Mandatory ln NH) L_ N/A i ' I I PER I I OTHER ! I STATUTE E.L EACH ACCIDENT j$ E.L DISEASE· EA EMPLOYEE ~ If y<?:S. describe under DESCRIPTION OF ' OPERATIONS b~low E.L DISEASE· POLICY UMIT $ I : t I 1 i , .•• ....J. _____________ J... __ ...1.... __ .J...... _________ .L_ ____ ....!..------'----------'------l~-~~-~,-="'.""''"·~-... --.~-~-·-·-·- CERTIFICATE HOLDER City of Carlsbad/CMWD C/0 EXIGIS Insurance Compliance Services P.O. Box 4668-ECM #35050 CANCELLATION i SHOULD ANY OFlttE ABOVE DESCRIBED POLICIES IIE CANCELLED 8EfORETI-iE EXPIRATION 1 DATE TMEREOF,NOTIO:WILL VEREDINACCOROANCEWITHTHEPOJ.ICYPROVISIONS. I AUTHORIZED REPRESENTA. 1 ACORD 25 (2016/03) 31-1769 11-15 The ACORD name and logo are registered marks of ACORD ACOR9__~RPORATION. All Rights Reserved / ../ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES POLICY NUMBER MP0004018003455 NAMED INSURED POLICY CHANGES EFFECTIVE 06/01/2018 COASTAL FLOORING SURFACES, INC COVERAGE PARTS AFFECTED COMMERCIAL GENERAL LIABILITY IN CONSIDERATION OF THE ADDITIONAL PREMIUM: ADDITIONAL PREMIUM: STATE TAX: STAMPING FEE: TOTAL A/P: **FULLY EARNED** $50.00 $ l. so $ .10 $51.60 COMPANY Policy Change Number 1 Mesa Underwriters Specialty Insurance Company AUTHORIZED REPRESENTATIVE 04018 IL.H..rJ ~ Monarch :-~urance Services, div sion of IT IS HEREBY UNDERSTOOD AND AGREED THAT ADDITIONAL INSURED BAS BEEN ADDED TO THE POLICY PER FORM CG2010 (04-13) ATTACHED. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. 05/22/2018 NL NL IL 12 0111 85 Copyright, Insurance Services Office, Inc., 1983 Copyright, ISO Commercial Risk Services, Inc., 1983 Insured Copy Page 1 of 1 POLICY NUMBER: MP0004018003455 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s) Of Covered Operations Or Oraanlzatlon(s\: CITY OF CARLSBAD/CMWD RE: OPERATIONS OF THE NAMED INSURED C/0 EXIGIS INSURANCE COMPLIANCE SERVICES P.O. BOX 4668-ECM #35050 NEW YORK, NY 10163 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 0413 © Insurance Services Office, Inc., 2012 Insured Copy Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 2010 0413 © Insurance Services Office, Inc., 2012 Page 2 of 2 CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 05/23/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER bi BERK P.O. Box 113247 Stamford, CT 06911 1---------------"------- INSURED Coastal Flooring Surfaces Inc. 4924 Balboa Blvd. Suite 461 Encino, CA 91316 COVERAGES CERTIFICATE NUMBER: vVNl~v NAME: PHONE--(844) -4 72-0967-----~--\203) 654-3613-- (A/C, No, Ext) i (A/C, No): ~t1D'lib sale_:~pport@bibe~~--c_o_m _____________________ _ INSURERlSl_ AFFORDING COVERAGE ______ . -~~Ce_!' __ I_N~URER A: Berkshir~eithaway Direct _1n_s_urnnce Comp"_'.'_Y _ _ ____ 10391 INSURER B INSURER C ------- INSURER D INSURER E: INSURER F --------~ REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY I ~ CLAIMS-MADE ~--_] OCCUR GEN'L AGGREGATE LIMIT APPLIES PER -1-PRO-,- f--POLICY L__ JECT [_ ____ LDC OTHER AUTOMOBILE LIABILITY ANY AUTO ~-OWNED ~ __ AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-OWNED AUTOS ONLY UMBRELLA LIAB _J OCCUR f--EXCESS LIAB _ _J (;!,~MS-MAD~ OED I RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANYPR0PRIET0RIPARTNERIEXECUTIVE [TI OFFICER/MEMBER EXCLUDED? (Mandatory in NH) ~~it~~~{rt~ 010PERATIONS below I ! NIAi xi I I i I I I POLICY NUMBER N9WC953372 I I I ! I I I I I I I I I I I ! I ! i I I ! I 05/05/2018 I 05/05/2019 ! i LIMITS : EACH OCCURRENCE $ 0 '-DAMAGE Tci RENTED -· 0 PREMISES iEa occurrenc~l ___ ~---------- MED EXP (Any one person) $ 0 PERSONAL & ADV INJURY $ 0 I GENERAL AGGREGATE c!.._ ____ _ __Q_ PR0DU~_T _s · C:0MPIOP AGG $ 0 $ COMBINED SINGLE LIMIT $ I [Ea accident) ________ ---------- BODI_LY_'_NJURY (P:'_ person)_ $ ··------ I BODILY INJURY (Per accident) $ ; PROPERTY DAMAGE ------- I (Per accident) $ $ I EACH OCCURRENCE _ _$_ ______ ---· ---- AGGREGATE ---~--------------·-----~ EL EACH ACCIDENT I 0TH- 1 ER $ l,000,000 ____ _ E L_IJISEASE · EA EMPLO\'Ei=__Ll_,90_()_,_000 . ____ _ EL DISEASE· POLICY LIMIT $ 1 000, 000 l DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Addrt1onal Remarks Schedule, may be attached If more space 1s required) A waiver of subrogation exists in favor of City of Carlsbad -CMWD C/O Exigis Insurance Compliance Svcs as it pertains to workers Ex gmRPo1Plation. CERTIFICATE HOLDER City of Carlsbad -CMWD C/O Exigis Insurance Compliance Service PO Box 4668 -ECM #35050 New York, NY 10163 I ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD / WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA we 04 03 06 (Ed. 4-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be _!.:_~~-% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Carlsbad -CMWD C/O Exigis Insurance Compliance Svcs Replacing flooring This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below Is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Policy No N9WC953372 Insurance Company Cour1ters1gned By Endorsement No. ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) SENIOR CENTER FLOOR RENOVATIONS CONTRACT NO. 4738 1) Have yo, 1 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 debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: Coastal Flooring Surfaces Inc. (name of Contractor) By: _1'--t\/\_./ _ ____.1_·7~ __ _ (sign here) Kristian Dena, President (print name/title) Page __ I _ of _I_ pages of this Re Debarment form l' • ., Revised 7/19/17 Contract No. 4738 Page 22 of 127 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) SENIOR CENTER FLOOR RENOVATIONS CONTRACT NO. 4738 Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 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? yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 4) Has the :,uspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? ../ yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page _1_ of __ I _ pages of this Disclosure of Discipline form ,, •+;' Revised 7/19/17 Contract No. 4 738 Page 23 of 127 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) SENIOR CENTER FLOOR RENOVATIONS CONTRACT NO. 4738 1) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party whose discipline was stayed, the date of 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 . . NONE (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: Coastal Fltoring Surfaces Inc. (name of Contractor) By: _-_,__--f ~--~~-F (sign here) Kristian Dena, President (print name/title) Page __ I_ of __J_ pages of this Disclosure of Discipline form ,, •+;' Revised 7/19/17 Contract No. 4738 Page 24 of 127 Pages NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 SENIOR CENTER FLOOR RENOVATIONS CONTRACT NO. 4738 The undersigned declares: I am the _Pre_sid_en_t ___ of Coastal Flooring Surfaces Inc, the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information 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 that the foregoing is true and correct and that this declaration is executed on April 12th , 20~ at Encino [city], CA [state]. Signature of Bidder ,, •tr Revised 7/19/17 Contract No. 4738 Page 25 of 127 Pages CONTRACT PUBLIC WORKS This agreement is made this ~ day of ~j L n Q , , 2018, by and between the City of Carlsb;~alifornia, a municipal corporation, (hereinafter called "City"}, and Coastal Flooring Surfaces, Inc., a California corporation whose principal place of business is 4924 Balboa Blvd. Suite 461, Encino, CA 91316 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: SENIOR CENTER FLOOR RENOVATIONS CONTRACT NO. 4738 (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, 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, Noncollusion 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 Specifications 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 incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. l' •;;' Revised 7/19/17 Contract No. 4738 Page 26 of 127 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 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 required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 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 California 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 payroll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776 . . , ~+; Revised 7/19/17 Contract No. 4738 Page 27 of 127 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in 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 occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. 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 ,, •+' Revised 7/19/17 Contract No. 4738 Page 28 of 127 Pages officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. 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 insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles and Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for 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 evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy# 70. (H) Verification of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by Contractor shall be resolved in accordance with Public Contract Code section 9204, which is incorporated by reference. A copy of Section 9204 is included in Section 3 of the General Provisions. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article l' •ff Revised 7/19/17 Contract No. 4738 Page 29 of 127 Pages 1.5 is included in Section 3 of the General Provisions. In the event of a conflict between Section 9204 and Article 1.5, Section 9204 shall apply. Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. J<.. D init D. 0. 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. {'\ • ., Revised 7 /19/17 Contract No. 4738 Page 30 of 127 Pages 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and 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) CONTRACTOR: CITY OF CARLSBAD a municipal corporation of C I j ( / / / the State of Ca · otlS~ F ooriM?, 'JU/t-q~ we. By: /;9ame of Contracto~ By: ~ Z-Z ~ Gary T. ~;o, _A5~-.~~n~Ciiy H""o/" (sign hkre);d_~ (ic;.___ AJEST: . Kr i ~ f I C<N i)-c >-iK?-P,,~,JeJ-\ ll_tdlo,~ /{_ '171 '=-7(1 CA J/~ (print name and titl~) BRBARA ENGLESON, ctfti~k V '- By:---'~=-----=~~~- (sign here) l)ori«lv' De,VC\_. C€0 Seultt\.ty (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER ::yAttoZ?~ Deputy City Attorney ,, • .-, Revised 7 /19/17 Contract No. 4738 Page 31 of 127 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 ____ L_o_s_A_n_g_e_le_s ____ ~ 'r -10 -20/ft Setsuko Hirako Notary public On _ _,_]_..___ ________ before me, _________________ _ (insert name and title of the officer) personally appeared ___ / ~_7_/~IT_,V ____ ~ __ [):-J_/2.._· _f l\------,N,---_P_€._N_A------,,..,......._ who proved to me on the basis of satisfactory evidence to be the person whose name re subscribed to the within instrument and acknowle~d to me that@she/they executed the same in @!her/their authorized capacity~, and that by 'Als_yier/their signature~n the instrument the perso~ or the entity upon belialf of which the person(.st'acted, executed the instrument. I certify under PENAL TY 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~ \ '2 !a SETSUKO HIRAKO ~ 0 COMM. #2221857 fO d) NOTARY PUBUC • CALIFORNIA 0 )( LOS ANGELES COUNTY ,. f !'r eomm. 2J>1!!! Nov. 1e. 2021 I (Seal) 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 ,:=$on 0,:€.c)O On JJI\(_ u, ol-Q/"i< Date personally appeared Go.ry T: ~ o - Nam~of Signerpy' who proved to me on the basis of satisfactory evidence to be the person;s,' whose nam~ is/.are- subscribed to the within instrument and acknowledged to me that hcfoShe/-1:Re'.J executed the same in hisll=leFJ~I 1ei1 authorized capacity!i,esr, and that by his/1:iori'ti-,eir signature-'8J'on the instrument the person'8Y, or the entity upon behalf of which the personJgf acted, executed the instrument. , ........... . Place Notary Seal Above I certify under PENAL TY 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 ~ Signatureofotary Public ough this section is optional, completing this information can deter alteration of the do fraudulent reattachment of this form to an unintended document. Description Title or Type of Number of Pages: -~-Signer(s) Other Than Named Abo . ____________ _ Capacity(ies) Claimed by Si Signer's Name: -------~~----..-~ D Corporate Officer -Title(s): -----7"~- D Partner -D Limited D General D Individual D Attorney in F D Trustee D Guardia r Conservator D Other: -----7""'---------- igner's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner - D Limited D General D Individual D Attorney in Fact D Guardian or Conservator ational Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-8 76-6827) Item #5907 LABOR AND MATERIALS BOND Bond No. 070206857 Premium: Included WHEREAS, the City of Carlsbad, State of California, on April 25, 2018 has administratively awarded to Coastal Flooring Surfaces, Inc., a California corporation (hereinafter designated as the "Principal"), a Contract for: SENIOR CENTER FLOOR RENOVATIONS CONTRACT NO. 4738 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 performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE, COASTAL FLOORING SURFACES, INC., as Principal, (hereinafter designated as the ''Contractor"), and The Ohio Casualty Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of ONE HUNDRED THREE THOUSAND FIVE HUNDRED TWENTY TWO DOLLARS FIFTY CENTS ($103,522.50), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for. or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 9100, or for amounts due under the Unemployment Insurance Code with respect to the work or labor performed under this Contract, or for any amounts required to be deducted. withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontractors pursuant to section 13020 of the Unemployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable 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. ft Q Revised 7 /19/17 Contract No. ~n.& Page 32 of 127 Pages Bond No. 070206857 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 r day of f'V\/\ '( . 20 I~ CONTRACTOR Ccu s~ I Floe, '"h; ~uffut es /AJC- Jname of Cc/ltractor) By /"~ [2 _ (sign here} KJ2tt;r , l\"1 DEN l4J (print name here) CJ.>.W...-~~'-"---t~~~ (title and organizati n of signatory) By: _ __,_./2 ...... &-6::,,~,--&--c:=........:=::'---4,,~-'-~"'"""~- (sign here) ()of, e....rv D-c;vc-- (print name here) CEO -~e-u-J-N~ (title and organization of sigtory) Executed by SURETY this --"-8t=h _____ day of May SURETY: , 20 18 The Ohio Casualty Insurance Company (name of Surety) 62 Maple Ave. Keene NH 03431 (address of Surety) (206) 473-6200 (telephone number of Surety) -:--~ -/\ ---._-, By.~ <. J~==-.:::::--- (signature of Attorney-in-Fact) David K. Mahler (printed name of Attomey-m-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:_-+"'~~~~~~~----- De~uty City Attorney ft \.J Revised 7/19/17 Contract No. 4738 Page 33 of 127 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 C t f Los Angeles oun yo ------------~ On __ ,S __ -_/_1_--_.2_tJ_r _1_8 ___ before me, __ Se_t_su_k_o_H_ir_ak_o_N_o_t_a_ry_p_u_bl_ic ____ _ (insert name and title of the officer) personally appeared /21 s TIAN [)E-N,4 OoeJA/\J DEN who proved to me on the basis of satisfactory evidence to be the person-'8f whose name(J( are subscribed to the within instrument and acknowledged to me that@he/they executed the same in (fi§)her/their authorized capacity~ and that by~her/their signature(-615n the instrument the perso'1k8'f or the entity upon behalf of which the personW,-acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. !~ SETSUKO HIRAKO f () COMM. #2221857 0 1 0 NOrARY PUBUC • CALIFORNIA X LOS ANGELES COUN1Y f !:!r Comm. Expires Nov. 18, 2021 i (Seal) Bond No. 070206857 Premium: $3,106.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City of Carlsbad, State of California, on April 25, 2018 has administratively awarded to Coastal Flooring Surfaces, Inc., a California corporation (hereinafter designated as the "Principal"), a Contract for: SENIOR CENTER FLOOR RENOVATIONS CONTRACT NO. 4738 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, Coastal Flooring Surfaces, Inc., as Principal, (hereinafter designated as the "Contractor"), and The Ohio Casualfy Insurance Company • as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of ONE HUNDRED THREE THOUSAND FIVE HUNDRED TWENTY TWO DOLLARS FIFTY CENTS ($103,522.50). said sum being equal to one hundred percent ( 100%) of the estimated amount of the Contract, to be paid to City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns. jointly and severally. firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs, executors, administrators. successors 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 alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of 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, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed 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. ft \i1 Revised 7/19/17 Contract No. 4738 Page 34 of 127 Pages Bond No. 070206857 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 --~-th. __ _ day of __ tvl___,_/\_,'f.____ ____ , 20 I 8' CONTRACTOR: By: ---·~---""-~--l---4c!Z-"""'---'--=-----(sign herk) JLl21t;f JP.-f"J pe/V.A (print name here) CFO., Pre:,;oyJt. f~ k (Title and Organizatidn of Signatory) By: -~Q,..a,.,,~~~.....,.l}l,,,,,C.J4._.._,..w __ ___ (sign here) Dor 1p..1v ,)eµ/\ (print name here) cco -s,ue-~"(~ (Title and Organization of sig atory) Executed by SURETY this~ day of _ M_a~y __________ .20_1_8 __ SURETY: The Ohio Casualty Insurance Company 62 Maple Ave. Keene NH 03431 (address of Surety) (206) 473-6200 (telephone number of Surety) By: ~ C):~c:::::::--<.-> (signature of Attorney-in-Fact) David K. Mahler (printed name of Attorney-ir.-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 cenified 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: _ __,~r-----==-=--=-=~::;_;;;__----- DeputyCityAttorney ~ Q Revised 7/19/17 Contract No. 4738 • • Page 35 of 127 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 Co nt f Los Angeles u yo------------~ On -=s_·_-_/_1_7_-_~_0_{_:t __ before me, __ s_e_t_su_k_o_H_ir_ak_o_N_o_t_a_ry_p_u_bl_ic ____ _ (insert name and title of the officer) I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m:;;do;// ~al' n Signature ~ C,J ~ (Seal) COMM.fta21857 !a SETSUKO HIRAKO 1' NOl'NIY PUBLIC• CAIJF0IIM L08ANGELEICOUNT'Y ' !!I ...... "'e!-... -i 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 San Mateo On /1'}4,<.-' J:, ,.}Oio f D~te before me, ____ S_o~y_T_ry~W_o_n~g,_N_o_t_a~ry_P_ub_l_ic _______ _ Here Insert Name and Title of the Officer personally appeared __ D_a_v1_·d_K_._M_a_h_le_r _______________________ _ Name(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 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. ············~ • SOY TRY WONG J@~ ·· ... ;~, Notary Public -Cal,lom,2 5 ~ '·l-·J!~ ~ San Mateo County :: ,. 14-~.: Comm,ss,on ~ 22254 78 ·""' I.I, Cor-,m E,o,res Dec 15. 2021 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. re of Notary Public ---------------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: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 8051337 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint David F. Drum!· David K. Mahler all of the city of Foster City , state of CA each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds. recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 30th day of March . ~- STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY ss The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West ,\merican Insurance Company /; /, 1 t j/ ;1/7: /4,,., By: _£.~·r!~~-~~·~~/·~-G-·------------ David M. Carey.'Assistant Secretary On this 30th day of March , 2018 . before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. OF ~ ~7- COMMONWEALTH OF PENNSYLVANIA Notmial Sor1i Teresa PasteIla, Notary Public Upper Menon Twp., Montqomery County My Commission Exptres March 22-, 2021 1, -.;:+,,sv1..,~' ~ Of'4RY ~V Member. Pennsylvama Asst)Gi<1t1on uf Nr>tarics By:fiu~ u~ Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV -OFFICERS -Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President. and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman. the President or by the officer or officers granting such power or authority. ARTICLE XIII -Execution of Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact. as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations_ Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- f act as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I. Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. 53 of 100 LMS_ 12873_022017 OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is -----------------------------hereinafter called ------------------------------"Contractor" and whose address is ----------------------- hereinafter --------------------------------called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to 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 required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for SENIOR CENTER FLOOR RENOVATIONS CONTRACT NO. 4738 in the amount of ____________ dated _______ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. l' •+;' Revised 7/19/17 Contract No. 4738 Page 36 of 127 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: Title _____ _,F'-'l-=--=N"-'A"-'N-=C-=Ec....:D::....:.l'-'-R=EC=T-=-O.::..:....:R ___ _ Name _________________ _ Signature ________________ _ Address 1635 Faraday Avenue, Carlsbad, CA 92008 For Contractor: Title __________________ _ Name _________________ _ Signature ________________ _ Address ________________ _ For Escrow Agent: Title" __________________ _ Name _________________ _ Signature ________________ _ Address ________________ _ At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. ,, •+;' Revised 7/19/17 Contract No. 4738 Page 37 of 127 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: Title MAYOR --------------------------------- Name _________________ _ Signature ________________ _ Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008 For Contractor: Title _________________ _ Name ------------------ Signature ________________ _ Address ________________ _ For Escrow Agent: Title _________________ _ Name ------------------ Signature ________________ _ Address ----------------- ,, •+;' Revised 7/19/17 Contract No. 4738 Page 38 of 127 Pages GENERAL PROVISIONS FOR SENIOR CENTER FLOOR RENOVATIONS CONTRACT NO. 4738 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 --TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 TERMS -Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 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 6/15/17 Contract No. 4738 Page 39 of 127 Addendum -Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency -The City of Carlsbad, California. Agreement -See Contract. Assessment Act Contract -A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base -A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid -The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder-Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board -The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond -Bid, performance, and payment bond or other instrument of security. City Council -the City Council of the City of Carlsbad. City Manager -the City Manager of the City of Carlsbad or his/her approved representative. Cash Contract -A Contract financed by means other than special assessments. Change Order-A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. 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 (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Supplemental Provisions, the Plans, Standard Plans, Standard 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 ,, • ., Revised 6/15/17 Contract No. 4738 Page 40 of 127 the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price -The total amount of money for which the Contract is awarded. Contract Unit Price -The amount stated in the Bid for a single unit of an item of work. County Sealer -The Sealer of Weights and Measures of the county in which the Contract is let. Days -Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection -The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board -Persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier -Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. 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. 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 ,, •ti Revised 6/15/17 Contract No. 4738 Page 41 of 127 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person -Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans -The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract -Work subject to Agency inspection, control, and approval, involving private funds, not administered by 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 associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway-The portion of a street reserved for vehicular use. Service Connection -Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer -Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications -General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Standard -The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans -Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications -The Standard Specifications for Public Works Construction (SSPWC), the "Green book". State -State of California. Storm Drain -Any conduit and appurtenances intended for the reception and transfer of storm water. Street -Any road, highway, parkway, freeway, alley, walk, or way. Subbase -A layer of specified material of planned thickness between a base and the subgrade. l'\ • ., Revised 6/15/17 Contract No. 4738 Page 42 of 127 Subcontractor-An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade -For roadways, that portion of the roadbed on which pavement, surfacing, base, 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 setting forth conditions and requirements peculiar to the work. Surety -Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. 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. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words Abbreviation Word or Words ABAN ............................................................. Abandon BVC .................................... Beginning of vertical curve ABAND ....................................................... Abandoned B/W ........................................................... Back of wall ABS ........................ Acrylonitrile -butadiene -styrene CIC ..................................................... Center to center AC .................................................... Asphalt Concrete CAB ...................................... Crushed aggregate base ACP ........................................... Asbestos cement pipe CAL/OSHA ............ California Occupational Safety and ACWS ..................... Asphalt concrete wearing surface Health Administration ALT ................................................................ Alternate CalTrans ....... California Department of Transportation APTS ................................. Apartment and Apartments CAP .................................... Corrugated aluminum pipe AMER STD ................................... American Standard CB ............................................................. Catch Basin AWG ............... American Wire Gage (nonferrous wire) Cb ........................................................................ Curb BC .................................................. Beginning of curve CBP ............................... Catch Basin Connection Pipe BCR ....................................... Beginning of curb return CBR ....................................... California Bearing Ratio BORY ............................................................ Boundary CCR ............................ California Code of Regulations BF ..................................................... Bottom of footing CCTV ............................................... Closed Circuit TV BLDG ........................................ Building and Buildings CES .......................... Carlsbad Engineering Standards BM ............................................................. Bench mark CF ................................................................ Curb face ,, •ti Revised 6/15/17 Contract No. 4738 Page 43 of 127 CF ................................................................ Cubic foot FED SPEC ................................. Federal Specification C&G .................................................... Curb and gutter FG ........................................................ Finished grade CFR ................................ Code of Federal Regulations FH ............................................................. Fire hydrant CFS ......................................... Cubic Feet per Second FL ................................................................... Flow line CIP ......................................................... Cast iron pipe FS ...................................................... Finished surface CIPP ................................................ Cast-in place pipe FT-LB ......................................................... Foot-pound CL ............................................. Clearance, center line FTG .................................................................. Footing CLF .................................................... Chain link fence FW ............................................................ Face of wall CMB ............................... Crushed miscellaneous base G ........................................................................... Gas CMC ......................................... Cement mortar-coated GA ..................................................................... Gauge CML ............................................ Cement mortar-lined GAL ............................................... Gallon and Gallons CMWD .................... Carlsbad Municipal Water District GAL V ......................................................... Galvanized CO .................................................... Cleanout (Sewer) GAR ........................................... Garage and Garages COL .................................................................. Column GIP .............................................. Galvanized iron pipe COMM ....................................................... Commercial GL ........................................ Ground line or grade line CONC ........................................................... Concrete GM .............................................................. Gas meter CONN ........................................................ Connection GNV ............................................... Ground Not Visible CONST .................................. Construct, Construction GP .................................................................. Guy pole COO RD ...................................................... Coordinate GPM ................................................ gallons per minute CSP ............................................ Corrugated steel pipe GR ...................................................................... Grade CSD ............................... Carlsbad Standard Drawings GRTG ............................................................... Grating CTB ............................................ Cement treated base GSP ........................................... Galvanized steel pipe CV ............................................................ Check valve H ............................................................ High or height CY ............................................................... Cubic yard HB .................................................................. Hose bib D .............................................................. Load of pipe HC ................................................... House connection dB ................................................................... Decibels HOWL ........................................................... Headwall DBL .................................................................. Double HGL. ............................................. Hydraulic grade line DF ............................................................... Douglas fir HORIZ .......................................................... Horizontal DIA ................................................................ Diameter HP ............................................................. Horsepower DIP ..................................................... Ductile iron pipe HPG ................................................ High pressure gas DL ................................................................ Dead load HPS ................................ High pressure sodium (Light) DR ...................................................... Dimension Ratio HYDR ............................................................ Hydraulic DT ................................................................. Drain Tile IE ......................................................... Invert Elevation DWG ............................................................... Drawing ID ........................................................ Inside diameter DWY .............................................................. Driveway INCL ............................................................... Including DWY APPR ................................... Driveway approach INSP ............................................................. lnspection E ....................................................................... Electric INV ...................................................................... Invert EA ........................................................................ Each IP .................................................................... Iron pipe EC ............................................................ End of curve JC ..................................................... Junction chamber ECR ................................................ End of curb return EF ................................................................ Each face EG ......................................................... Edge of gutter EGL .................................................. Energy grade line El ................................................................... Elevation ELC ..................................... Electrolier lighting conduit EL T ........................................................ Extra long ton ENGR ....................................... Engineer, Engineering JCT ................................................................. Junction JS ..................................................... Junction structure JT ......................................................................... Joint L ........................................................................ Length LAB ............................................................. Laboratory LAT ................................................................... Lateral LB ...................................................................... Pound LD ..................................................... Local depression LF ................................................................ Linear foot EP ................................................... Edge of pavement ESMT ........................................................... Easement LH ............................................................... Lamp hole LL ................................................................... Live load ETB .......................................... Emulsion-treated base LOL ............................................................. Layout line EVC ............................................... End of vertical curb LONG ........................................................ Longitudinal EWA ............................... Encina Wastewater Authority LP ................................................................ Lamp post EXC ............................................................ Excavation LPS ................................. Low pressure sodium (Light) EXP JT ................................................. Expansion joint LS ................................................................ Lump sum EXST ............................................................... Existing F .................................................................. Fahrenheit L TS .................................................... Lime treated soil LWD ............................... Leucadia Wastewater District F&C ................................................... Frame and cover MAINT ..................................................... Maintenance F&I .................................................. Furnish and install FAB ............................................................... Fabricate FAS ............................................... Flashing arrow sign FD ............................................................... Floor drain FON ............................................................ Foundation MAX ............................................................. Maximum MCR ............................................ Middle of curb return MEAS ............................................................. Measure MH ................................... Manhole, maintenance hole MIL SPEC .................................... Military specification MISC ..................................................... Miscellaneous ,, • ., Revised 6/15/17 Contract No. 4738 Page 44 of 127 MOD ................................................... Modified, modify RTE .................................... Registered traffic engineer MON ............................................................ Monument S .................................... Sewer or Slope, as applicable MSL.. Mean Sea Level (Reg. Standard Drawing M-12) SCCP ............................... Steel cylinder concrete pipe MTBM ......................... Microtunneling Boring Machine SD ............................................................. Storm drain MUL T ............................................................... Multiple SDNR .............................. San Diego Northern Railway MUTCD ..... Manual on Uniform Traffic Control Devices SOR ....... Standard thermoplastic pipe dimension ratio MVL. .............................................. Mercury vapor light (ratio of pipe 0.0. to minimum wall thickness) NCTD .............................. North County Transit District SDRSD ......... San Diego Regional Standard Drawings NRCP .............................. Nonreinforced concrete pipe SE ...................................................... Sand Equivalent OBS ............................................................... Obsolete SEC .................................................................. Section OC ................................................................ On center SF ............................................................. Square foot O0 ..................................................... Outside diameter SFM ................................................ Sewer Force Main OE .............................................................. Outer edge SI. ...................... International System of Units (Metric) OHE ................................................ Overhead Electric SPEC ..................................................... Specifications OMWD ................. Olivenhain Municipal Water District SPPWC .......................................... Standard Plans for OPP ............................................................... Opposite Public Works Construction ORIG ................................................................ Original SSPWC ............................. Standard Specifications for PB ................................................................... Pull box Public Works Construction PC .................................................... Point of curvature ST HWY ................................................ State highway PCC ....................... Portland cement concrete or point STA ................................................................... Station of compound curvature STD ............................................................... Standard PCVC ....................... Point of compound vertical curve STR .................................................................. Straight PE ........................................................... Polyethylene STR GR ................................................ Straight grade Pl. ................................................. Point of intersection STRUC .......................................... Structural/Structure PL. ............................................................ Property line SW ................................................................. Sidewalk PMB ............................ Processed miscellaneous base SWD ...................................................... Sidewalk drain POC ...................................................... Point on curve SY ............................................................ Square yard POT .................................................... Point on tangent T .................................................................. Telephone PP .............................................................. Power pole TAN ................................................................. Tangent PRC .......................................... Point of reverse curve TC .............................................................. Top of curb PRVC ............................ Point of reverse vertical curve TEL ............................................................. Telephone PSI ......................................... Pounds per square inch TF ........................................................... Top of footing PT .................................................... Point of tangency TOPO ........................................................ Topography PVC .................................................. Polyvinyl chloride TR ........................................................................ Tract PVMT ........................................................... Pavement TRANS ......................................................... Transition PVT R/W ....................................... Private right-of-way TS ......................... Traffic signal or transition structure Q ........................ Rate of flow in cubic feet per second TSC ............................................. Traffic signal conduit QUAD ....................................... Quadrangle, Quadrant TSS ........................................... Traffic signal standard R ....................................................................... Radius TW .............................................................. Top of wall R&O ......................................................... Rock and oil TYP .................................................................. Typical R/W .......................................................... Right-of-way UE .............................................. Underground Electric RA ...................................................... Recycling agent USA .................................... Underground Service Alert RAC ................................... Recycled asphalt concrete VAR ..................................................... Varies, Variable RAP ................................ Reclaimed asphalt pavement VB ................................................................ Valve box RBAC ............................. Rubberized asphalt concrete VC .......................................................... Vertical curve RC ................................................ Reinforced concrete VCP ................................................... Vitrified clay pipe RCB ...................................... Reinforced concrete box VERT ............................................................... Vertical RCE ...................................... Registered civil engineer VOL .................................................................. Volume RCP ..................................... Reinforced concrete pipe VWD ....................................... Vallecitos Water District RCV ........................................... Remote control valve W ........................ Water, Wider or Width, as applicable REF ............................................................. Reference WATCH .............. Work Area Traffic Control Handbook REINF .............................. Reinforced or reinforcement WI ............................................................ Wrought iron RES ............................................................... Reservoir WM ........................................................... Water meter RGE ........................ Registered geotechnical engineer WPJ .......................................... Weakened plane joint ROW ....................................................... Right-of-Way XCONN ............................................ Cross connection RR ................................................................... Railroad XSEC ..................................................... Cross section RSE .............................. Registered structural engineer ,, •+; Revised 6/15/17 Contract No. 4738 Page 45 of 127 1-3.3 Institutions. Abbreviation Word or Words AASHTO ................. American Association of State Highway and Transportation Officials AISC .................................................................... American Institute of Steel Construction ANSI ...................................................................... American National Standards Institute API ...................................................................................... American Petroleum Institute AREA ............................................................ American Railway Engineering Association ASTM ............................................................ American Society for Testing and Materials AWPA. ................................................................ American Wood Preservers Association AWS ........................................................................................ American Welding Society AWWA ....................................................................... American Water Works Association FHW A. ............................................................................. Federal Highway Administration GRI ................................................................................. Geosynthetic Research Institute NEMA ......................................................... National Electrical Manufacturers Association NOAA ................ National Oceanic and Atmospheric Administration (Dept. of Commerce) UL .................................................................................... Underwriters' Laboratories Inc. USGS ............................................................................. United States Geological Survey 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 SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. 1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) .................................................................................... 25.4 micrometer (µm) 1 inch (in) .............................................................................................. 25.4 millimeter (mm) 1 inch (in) .............................................................................................. 2.54 centimeter (cm) 1 foot (ft) ................................................................................................ 0.3048 meter (m) 1 yard (yd) ............................................................................................. 0.9144 meter (m) 1 mile (mi) ............................................................................................. 1.6093 kilometer (km) 1 square foot (ft2) .................................................................................. 0.0929 square meter (m2) 1 square yard (yd 2) ................................................................................ 0.8361 square meter (m2) 1 cubic foot (ft3) ..................................................................................... 0.0283 cubic meter (m3) 1 cubic yard (yd3) .................................................................................. 0.7646 cubic meter (m3) 1 acre .................................................................................................... 0.4047 hectare (ha) 1 U.S. gallon (gal) ................................................................................. 3.7854 Liter (L) 1 fluid ounce (fl. oz.) .............................................................................. 29.5735 millileter (ml) 1 pound mass (lb) (avoirdupois) ........................................................... 0.4536 kilogram (kg) 1 ounce mass (oz) ................................................................................. 0.02835 kilogram (kg) 1 Ton (=2000 lb avoirdupois) ................................................................ 0.9072 Tonne (= 907 kg) 1 Poise .................................................................................................. 0.1 pascal· second (Pa· s) 1 centistoke (cs) .................................................................................... 1 square millimeters per second (mm2/s) 1 pound force (lbf) ................................................................................ .4.4482 Newton (N) ,, •+; Revised 6/15/17 Contract No. 4738 Page 46 of 127 1 pounds per square inch (psi) ............................................................. 6.8948 Kilopascal (kPa) 1 pound force per foot (lbf/ft) ................................................................. 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) ....................................................................... 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) ............................................... 1.3558 Watt (W) 1 part per million (ppm) ......................................................................... 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): ........................................................................ Degree Celsius (°C): °F = (1.8 x °C) + 32 ............................................................................... °C = (°F -32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Common Metric Prefixes kilo (k) .................................................................................................... 103 centi (c) .................................................................................................. 10-2 milli (m) .................................................................................................. 1 Q-3 micro(µ) ................................................................................................ 1 Q-6 ~~~o(i) ). : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : :: ~ g:~2 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 6/15/17 Contract No. 4738 Page 47 of 127 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 withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107 .5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. ,, • ., Revised 6/15/17 Contract No. 4738 Page 48 of 127 Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten ( 10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so 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 premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount payable by the terms of this contract. {'\ -~ Revised 6/15/17 Contract No. 4738 Page 49 of 127 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 preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 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 extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the General Provisions, project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), Part 2 & 3, and the latest supplements thereto, current edition at the time of bid opening as published by the "Greenback" Committee of Public Works Standards, Inc., hereinafter designated "SSPWC", as amended. The construction plans consist of ONE SET OF DRAWINGS TITLED "CARLSBAD SENIOR CENTER FINISHED IMPROVEMENTS" otherwise known as the Senior Center FLOOR and Renovation Project. The set is designated as City of Carlsbad Drawing No. DWG 289-?A and consists of 11 sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards and Carlsbad Standard Drawings, as issued by the City of ,, •+;' Revised 6/15/17 Contract No. 4738 Page 50 of 127 Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES and CSD, respectively. Copies of some of the pertinent standard drawings are enclosed as an appendix to these General Provisions. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 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) Carlsbad General Provisions, Technical Specifications, and Supplemental Provisions. 6) Plans. 7) Standards plans. a) City of Carlsbad Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) Traffic Signal Design Guidelines and Standards. f) State of California Department of Transportation Standard Plans. g) State of California Department of Transportation Standard Specifications. h) California Manual on Uniform Traffic Control Devices (CA MUTCD). 8) Standard Specifications for Public Works Construction, as amended. 9) Specifications. 10) Reference Specifications 11) Manufacturer's Installation Recommendations 12) Construction Detail drawings shall take precedence over general drawings. ,, • ., Revised 6/15/17 Contract No. 4738 Page 51 of 127 Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the Plans or Special 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 acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 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 review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." ,, •+' Revised 6/15/17 Contract No. 4738 Page 52 of 127 By: Title: _____________ _ Date: ___________ _ Company Name: ____________________________ _ 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. Working drawings are required in the following sections: TABLE 2-5.3.2 {A} Item Section Title Subject Number 1 7-10.4.1 Safety Orders Trench Shoring 2 207-2.5 Joints Reinforced Concrete Pipe 3 207-8.4 Joints Vitrified Clay Pipe 4 207-10.2.1 General Fabricated Steel Pipe 5 300-3.2 Cofferdams Structure Excavation & Backfill 6 303-1.6.1 General Falsework 7 303-1.7.1 General Placing Reinforcement 8 303-3.1 General Prestressed Concrete Construction 9 304-1.1.1 Shop Drawings Structural Steel 10 304-1.1.2 Falsework Plans Structural Steel 11 304-2.1 General Metal Hand Railings 12 306-2.1 General Jacking Operations 13 306-3.1 General Tunneling Operations 14 306-3.4 Tunnel Supports Tunneling Operations 15 306-6 Remodeling Existing Sewer Polyethylene Liner Installation Facilities 16 306-8 Microtunneling Microtunneling Operations 17 307-4.3 Controller Cabinet Wiring Diagrams Traffic Signal Construction Working drawings listed above as Items 5, 6, 8, 9, 10, 12, 13, 14 and 16 shall be prepared by a Civil or Structural Engineer registered by the State of California. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 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 operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the ,, • ., Revised 6/15/17 Contract No. 4738 Page 53 of 127 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. 8) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems, street lighting systems, and traffic signals, and may also be required for any product, manufactured item, or system. 2-5.4 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 (10) days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 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. 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 ,, •;, Revised 6/15/17 Contract No. 4738 Page 54 of 127 exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract 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. 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 quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3. The Extra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 150 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with the Plans and Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the option of the Engineer, on the basis of Extra Work per Section 3-3; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjustment of Contract changes when so specified in the Special Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor ,, •+' Revised 6/15/17 Contract No. 4738 Page 55 of 127 and the Agency. If mutual agreement can not 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 eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. 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. Nondirect 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. ,, •tr Revised 6/15/17 Contract No. 4738 Page 56 of 127 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. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CAL TRANS, current at the time of the actual use of the tool or equipment. The right- of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. ,, -~ Revised 6/15/17 Contract No. 4738 Page 57 of 127 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 first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 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 following 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 represented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is {' •ti' Revised 6/15/17 Contract No. 4738 Page 58 of 127 required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes 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 resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: -------------- Date: ---------------- Company Name: ___________________________ _ The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. {'\ •+;' Revised 6/15/17 Contract No. 4738 Page 59 of 127 It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 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 shall be resolved in accordance with Public Contract Code section 9204, which is set forth below: 9204. (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section: ,, •ti Revised 6/15/17 Contract No. 4738 Page 60 of 127 (1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) "Public entity" means, without limitation, except as provided in subparagraph (8), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (8) "Public entity" shall not include the following: (i) The Department of Water Resources as to any project under the jurisdiction of that department. (ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department. (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code. (v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority. (4) "Public works project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) "Subcontractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (8) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply. ,, •tr' Revised 6/15/17 Contract No. 4738 Page 61 of 127 (2) (A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute. (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum. (5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. ,, •;;' Revised 6/15/17 Contract No. 4738 Page 62 of 127 (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations. (i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing 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 10240) of Chapter 1 of Part 2. (b )( 1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, 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 claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within ,., • ., Revised 6/15/17 Contract No. 4738 Page 63 of 127 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. ( d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a 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) ,, •+' Revised 6/15/17 Contract No. 4738 Page 64 of 127 shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) 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. 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 Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The ,, • .., Revised 6/15/17 Contract No. 4738 Page 65 of 127 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 delivered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends 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 Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or 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 processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the ,, •+;' Revised 6/15/17 Contract No. 4738 Page 66 of 127 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 renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the 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 specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be 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 required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including ,, •+' Revised 6/15/17 Contract No. 4738 Page 67 of 127 durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 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 acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A ,, • ., Revised 6/15/17 Contract No. 4738 Page 68 of 127 contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. ,, • ., Revised 6/15/17 Contract No. 4738 Page 69 of 127 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 -UTILITIES This section is not used SECTION 6 -PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within five (5) calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is non-mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. After notification of award of the Contract and prior to start of any work, the Contractor shall submit its proposed construction schedule to the Engineer for approval. The construction schedule shall be in the form of a tabulation, chart, or graph and shall be in sufficient detail to show chronological relationship of all activities of the Work. These include, but are not limited to: estimated starting and completion dates of various activities, submission of submittals per the submittal requirements of Section 2-5.3, procurement of materials and scheduling of equipment. The construction schedule shall incorporate the all elements of the scope and reflect completion of the Work within the specified Contract time and in conformance with the Contract Documents. ,, •+;' Revised 6/15/17 Contract No. 4738 Page 70 of 127 If the Contractor desires to make a major change in the method of operations after commencing construction, or if the schedule fails to reflect the actual progress, the Contractor shall submit to the Engineer a revised construction schedule in advance of beginning revised operations. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The scheduled of work will be determined later and in consideration of the Senior Center community schedule and staffing patterns. The following descriptions outlining the order of work are provided for the Contractor's review and information. Carpet and Vinyl -Phase 1: Moisture tests; Phase 2: Furniture relocation, Phase 3: Removal of existing flooring; Phase 4: Floor leveling/repair/crack fill; Phase 5: Installation of moisture barrier if needed; Phase 6: Installation of new floor finish (includes adhesive); Phase 7: Return furniture to original locations; Phase 7: Clean up. Hardwood Floor Refinish -Phase 1: Sand/Screen Floor; Phase 2: Clean Surface; Phase 3: Apply Finish Coats. Linear Wall Base - Phase 1: Install New Rubber Wall Base (Includes Adhesive). The descriptions for Phases are overviews only and shall not relieve the Contractor from its responsibilities to perform the coordination and work in accordance with the plans and specifications. Some phases or portions of phases may overlap each other and/or occur during the same time. 6-2.3 Project Meetings. The Engineer or Project Manager will establish the time and location of (weekly) Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 6-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. ,, •,;' Revised 6/15/17 Contract No. 4738 Page 71 of 127 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 Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. ,, •+; Revised 6/15/17 Contract No. 4738 Page 72 of 127 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof. the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling 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 Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the 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. All business hours floor work will be scheduled in phases based on availability of the individual rooms, Senior Center class schedule and building operations. Work will be conducted after hours and on weekends and bids are to be submitted with knowledge the flooring labor/work will be conducted after hours and on weekends. Senior Center Business Hours: Monday -Friday, 8 ,, •+' Revised 6/15/17 Contract No. 4738 Page 73 of 127 a.m. to 5 p.m.; Saturday, 9 a.m. to 1 p.m.; Sunday, open for special functions only. With prior approval of the Engineer, work may be conducted outside of business hours. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. The time of completion of the Contract shall be expressed in (working days). The Contractor shall diligently prosecute the work to completion within forty-five (45) working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. All work related to this project must be pre-scheduled and approved by the Engineer and the hours of work shall be between 6:30 a.m. and 10:00 p.m. seven days a week, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. Work performed by the contractor between the hours of 10 p.m. and 6:30 a.m. must be preapproved by the Engineer. The Contractor shall incorporate the dates, areas and types of work prohibited in this section in the Construction Schedule required by Section 6. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. Contractor is hereby advised that the Engineer will require some after hours and weekend work on an infrequent basis to accomplish various portions of flooring prep for the Senior Center Renovation. The Senior Center Renovation Project may at times require project preparation or finish work during non-business hours or on weekends. All work outside normal business hours must be pre-planned and approved by the Project Manager. 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 allowable 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 ,, •+; Revised 6/15/17 Contract No. 4738 Page 74 of 127 shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of five hundred dollars ($500.00). Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that five hundred dollars ($500.00) per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. ,, •+;' Revised 6/15/17 Contract No. 4738 Page 75 of 127 In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. SECTION 7 -RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Board has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: ,., •+;' Revised 6/15/17 Contract No. 4738 Page 76 of 127 "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and building permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional 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 alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. ,, • ., Revised 6/15/17 Contract No. 4738 Page 77 of 127 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. 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 extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, 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 suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self- loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. {'\ •+;' Revised 6/15/17 Contract No. 4738 Page 78 of 127 Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. 7-8.4 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. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sanitary sewer system. Sewage shall not be permitted to flow in trenches or be covered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) (for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. Should any Stormwater violations occur or resulting fines assessted, Contractor will be responsible for all cleanup duties and costs and will pay any and all fees associated with the violation(s). The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall ,, •+' Revised 6/15/17 Contract No. 4738 Page 79 of 127 consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) (for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. Should any Stormwater violations occur or resulting fines assessted, Contractor will be responsible for all cleanup duties and costs and will pay any and all fees associated with the violation(s). 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. 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. Maintenance of street and traffic signal systems that are damaged, temporarily removed or relocated shall be done in conformance with 307-1.5. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. Contractor must protect existing utilities, equipment, furniture, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. ,., •+' Revised 6/15/17 Contract No. 4738 Page 80 of 127 7-10 PUBLIC CONVENIENCE AND SAFETY. The Contractor may be informed during the course of the project that special events are scheduled for the Senior Center. These events, if they to occur will be scheduled in advance, however they may impact the project work schedule and delays may result. The city will not incur additional charges as a result of special events impacts on the project schedule. Contractor is expected to keep all equipment and tools safe from citizens. 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and maintained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. 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 periods 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. The Contractor shall include in its Bid all costs for the above requirements. 7-10.3. 7 Payment The Contractor shall provide traffic control at the contract lump sum price bid. The contract lump sum price paid for "traffic control" shall include full compensation for furnishing all labor (including flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in preparation, reproduction and changing of traffic control plans, placing, applying traffic stripes and pavement markers with bituminous adhesive, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system as shown on the plans and approved additions and modifications, as specified in these supplemental provisions, and as directed by the Engineer. All expenses and time to prepare and review modifications, additions, supplements and/or new TCP designs shall be included in the lump sum bid for traffic control and no additional payment will be made therefore. Flagging costs will be paid for as a part of the Lump Sum Amount for "Traffic Control." The cost of labor and material for portable concrete barriers will be paid for at the unit price bid. When there is no bid ,, • ., Revised 6/15/17 Contract No. 4738 Page 81 of 127 item the cost of labor and material for portable concrete barriers they will be paid as an incidental to the work being performed and no additional payment will be made therefore. Progress payments for "Traffic Control" will be based on the percentage of the improvement work completed. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies or suitable extracts of: Construction Safety Orders, Tunnel Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Agency showing the design of shoring, bracing, sloping, or other provisions to be made for the workers' protection from the hazard of caving ground during the excavation of such trench. If the plan varies from the shoring system standards, the plan shall be prepared by a registered Civil Engineer. No excavation shall start until the Engineer has accepted the plan and the Contractor has obtained a permit from the State Division of Industrial Safety. A copy of the permit shall be submitted to the Engineer. 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 Use of Explosives. Explosives may not be used for this project. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Purging and cleaning the space of materials and residue 3. Potential isolation and control of energy and material inflow ,, • ., Revised 6/15/17 Contract No. 4738 Page 82 of 127 4. Controlled access to the space 5. Atmospheric testing of the space 6. Ventilation of the space 7. Special hazards consideration 8. Personal protective equipment 9. Rescue plan provisions The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 7-10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or ,, •+;' Revised 6/15/17 Contract No. 4738 Page 83 of 127 Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from 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." SECTION 8 -FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. A field office for the agency personnel is not required. SECTION 9 -MEASUREMENT AND PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 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 measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-2 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 triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 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. Upon completion of construction, if the actual ,, • ., Revised 6/15/17 Contract No. 4738 Page 84 of 127 quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6- 10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing ,, •+;' Revised 6/15/17 Contract No. 4738 Page 85 of 127 that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 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 Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation ,, •+;' Revised 6/15/17 Contract No. 4738 Page 86 of 127 within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 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 submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. ('\ •+;' Revised 6/15/17 Contract No. 4738 Page 87 of 127 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. 9-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned on the plans, in the Contract Documents, General Provisions, or Technical Provisions/Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and vegetation at his expense. 9-4.1 Bid Item Descriptions -Per Section 096519 -Resilient Tile Flooring Remove Existing Vinyl Floor and Replace with New Vinyl Planks (Bid Item 1) The contract unit price paid for this bid item shall constitute full compensation to remove all existing vinyl floor layer(s) (or carpet) in the rooms identified in the attached bid items/drawings associated with bid and as described in the Technical Specifications to receive and install new vinyl planks. All original floor materials will be removed and disposed of at an approved recycling facilities (unless otherwise approved by the Engineer or Project Inspector), and the Contractor will provide Engineer or the Project Inspector receipt(s) of disposal at a State approved recycling facility. Bid Item 1 includes but not limited to, all furniture relocations and storage, removal of all original flooring materials, floor prep (includes but not limited to: old adhesive removal (if required), crack fill, self-leveling substrate material and installation, and any and all preparation needed to make the existing substrate (concrete) floor ready for installation of new floor finish), manufacture approved adhesive, new floor material, and all labor and supporting materials (i.e. transitions, step ups, joint material, etc.) required to prep and install new contractor provided/approved vinyl planks. All clean-up, removal, return of furniture and existing equipment is included in this bid item. Installations to follow manufactures recommended application guidelines and instructions. Refinish Hardwood Floors (Bid Item 2) The contract unit price paid for this bid item shall constitute full compensation to resurface the existing hardwood floor in the room identified in the attached bid item/drawings associated with this bid. Resurfacing to include but not limited to: 60-100 grit drum sanding (or vibrating sander per approval from Engineer); random-orbit sander and edge sanders for edges, corners and hard- to-reach floor locations. All dust particles must be contained in the room, prevented from entering into the HVAC system or exiting the room (prep includes but not limited to taping off of ceiling air intakes), all particles from sanding, prep or as a result of refinishing of the hardwood floors must be disposed of properly. Vacuuming/cleaning floor of dust particles will occur during and immediately after all sanding and or grit change. Once floor is completely free from particles and repaired, two coats installation of Hillyard's Pro 200 water based finish applied with lamb's-wool applicator (220-grit or greater light sanding between applications and after 48 hours of dry time of first coat. Installations to follow manufactures recommended application guidelines and instructions. Remove and Install New Rubber Base (Bid Item 3) -Per Section 096513 -Resilient Base & Accessories The contract unit price paid for this bid item shall constitute full compensation to install all new rubber base (color to be determined} in the ground level areas and stairwells per the Technical Specifications including in this bid document. All original base materials will be removed and disposed of at an approved recycling facilities (unless otherwise approved by the Engineer or Project Inspector), and the Contractor will provide Engineer or the Project Inspector receipt(s) of disposal at a State approved recycling facility. All wall prep (drywall repair and old adhesive ,, •+;' Revised 6/15/17 Contract No. 4738 Page 88 of 127 removal), premium base adhesive and labor required to install new rubber base is included in this bid item. Installations to follow manufactures recommended application guidelines and instructions. Remove Existing Flooring, Apply Moisture Tests, and Install Vapor/Moisture Barrier as Needed (Bid Item 4) -Per Section 072613 -Vapor Reduction Systems The contract unit price paid for this bid item shall constitute full compensation to perform moisture tests as per manufactured recommendations, install vapor barrier per the attached bid items/drawings associated with this bid, and as described in the Technical Specifications. Bid items includes all furniture displacement, original floor removal, floor prep, moisture testing labor, equipment and moisture test kits, substrate prep (leveling and minor repair as required), wall to wall sub vinyl and or sub-carpet approved self-leveling moisture barrier installation per the included Technical Specifications. Installations to follow manufactures recommended application guidelines and instructions. Install Carpet Tiles (Bid Item 5) -Per Section 096813 -Carpeting The contract unit price paid for this bid item shall constitute full compensation to provide and install new carpet tiles per the included drawings and Technical Specifications included in the document. All original floor materials will be removed and disposed of at an approved recycling facilities (unless otherwise approved by the Engineer or Project Inspector), and the Contractor will provide Engineer or the Project Inspector receipt(s) of disposal at State approved recycling facility. Work includes but not limited to, displacement of office equipment, remove and recycle existing carpet, prep floors (i.e. crack fill repair and fil, self-leveling substrate, as needed adhesive removal, etc.), manufactures approved adhesive, and any and all material and labor required to install finish carpet tiles (or broadloom per Engineer approval). Carpet installation incudes all transitions, risers, and all equipment and materials required to install finish products, and to return all displaced furniture to its original working condition. Installations to follow manufactures recommended application guidelines and instructions. ,, •+;' Revised 6/15/17 Contract No. 4738 Page 89 of 127 Carlsbad Senior Center Renovation Construction Documents TECHNICAL SPECIFICATIONS CARLSBAD SENIOR CENTER FINISHES IMPROVEMENT (FLOORING) City of Carlsbad Carlsbad, California Construction Documents November 27, 2017 Prepared by: Roesling Nakamura Terada Architects, Inc. 363 Fifth Avenue, Suite 202 San Diego, California 92101 www.rntarchitects.com Contract No. 4738 SPECIFICATIONS DIVISION 02 -SITE CONSTRUCTION Carlsbad Senior Center Renovation Construction Documents 024119 SELECTIVE DEMOLITION AND FURNITURE RELOCATION DIVISION 07 -THERMAL AND MOISTURE PROTECTION 072613 VAPOR REDUCTION SYSTEMS DIVISION 09 -FINISHES 096513 RESILIENT BASE AND ACCESSORIES 096519 RESILIENT TILE FLOORING 096813 CARPETING TABLE OF CONTENTS I Contract No. 4738 Carlsbad Senior Center Renovation Construction Documents SECTION 024119-SELECTIVE DEMOLITION AND FURNITURE RELOCATION PART l -GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY 1.3 A. Section Includes: A. B. C. D. E. l. Demolition and removal of selected portions of building or structure. 2. Demolition and removal of selected site elements. 3. Salvage of existing items to be reused or recycled. DEFINITIONS Remove: Detach items from existing construction and dispose of them off-site unless indicated to be salvaged or reinstalled. Remove and Salvage: Detach items from existing construction, in a manner to prevent damage, and deliver to Owner ready for reuse. Remove and Reinstall: Detach items from existing construction, in a manner to prevent damage, prepare for reuse, and reinstall where indicated. Existing to Remain: Leave existing items that are not to be removed and that are not otherwise indicated to be salvaged or reinstalled. Dismantle: To remove by disassembling or detaching an item from a surface, using gentle methods and equipment to prevent damage to the item and surfaces; disposing of items unless indicated to be salvaged or reinstalled. 1.4 MATERIALS OWNERSHIP A. Unless otherwise indicated, demolition waste becomes property of Contractor. Contract No. 4738 1.5 Carlsbad Senior Center Renovation Construction Documents B. Historic items, relics, antiques, and similar objects including, but not limited to, cornerstones and their contents, commemorative plaques and tablets, and other items of interest or value to Owner that may be uncovered during demolition remain the property of Owner. A. l. Carefully salvage in a manner to prevent damage and promptly return to Owner. PREINST ALLA TION MEETINGS Predemolition Conference: Conduct conference at Project site. 1. Inspect and discuss condition of construction to be selectively demolished. 2. Review structural load limitations of existing structure. 3. Review and finalize selective demolition schedule and verify availability of materials, demolition personnel, equipment, furniture relocation plans, and facilities needed to make progress and avoid delays. 4. Review requirements of work performed by other trades that rely on substrates exposed by selective demolition operations. 5. Review areas where existing construction is to remain and requires protection. 1.6 INFORMATIONAL SUBMITT ALS 1.7 A. Proposed Protection Measures: Submit report, including Drawings, that indicates the measures proposed for protecting individuals and property, for environmental protection, for dust control and, for noise control. Indicate proposed locations and construction of barriers. B. Schedule of Selective Demolition Activities: Indicate the following: l. Detailed sequence of selective demolition and removal work, with starting and ending dates for each activity. Ensure Owner's building manager's on-site operations are uninterrupted. 2. Interruption of utility services. Indicate how long utility services will be interrupted. 3. Coordination for shutoff, capping, and continuation of utility services. 4. Use of elevator and stairs. 5. Coordination of Owner's continuing occupancy of portions of existing building and of Owner's partial occupancy of completed Work. C. Predemolition Photographs or Video: Show existing conditions of adjoining construction, including finish surfaces that might be misconstrued as damage caused by demolition operations. Comply with Section 013233 "Photographic Documentation." D. A. Furniture in its original location will be photographed. Documentation to show existing conditions . Warranties: Documentation indicating that existing warranties are still in effect after completion of selective demolition. CLOSEOUT SUBMITT ALS Inventory: Submit a list of items that have been removed and salvaged. Contract No. 4738 1.8 FIELD CONDITIONS Carlsbad Senior Center Renovation Construction Documents A. Owner will occupy portions of building immediately adjacent to selective demolition area. Conduct selective demolition so Owner's operations will not be disrupted. B. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical. C. Notify Architect of discrepancies between existing conditions and Drawings before proceeding with selective demolition. D. Hazardous Materials: It is not expected that hazardous materials will be encountered in the Work. 1. If suspected hazardous materials are encountered, do not disturb; immediately notify Architect and Owner. Hazardous materials will be removed by Owner under a separate contract. E. Storage or sale of removed items or materials on-site is not permitted. F. Utility Service: Maintain existing utilities indicated to remain in service and protect them against damage during selective demolition operations. 1. Maintain fire-protection facilities in service during selective demolition operations. 1.9 WARRANTY A. Notify warrantor on completion of selective demolition, and obtain documentation verifying that existing system has been inspected and warranty remains in effect. Submit documentation at Project closeout. 1.10 COO RD INA TION A. Arrange furniture and office item relocation: All non-attached furniture and office items (impacting floor installation) will be relocated and stored in on-site location (storage location to be determined by Owner). Night and weekend work may be required. B. Arrange selective furniture move and demolition schedule so as not to interfere with Owner's operations. C. Arrange for furniture and office item reinstallation post floor finish installation. Night and weekend work may be required. PART 2-PRODUCTS 2.1 PERFORMANCE REQUIREMENTS Contract No. 4738 Carlsbad Senior Center Renovation Construction Documents A. Regulatory Requirements: Comply with governing EPA notification regulations before beginning selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction. B. Standards: Comply with ASSE Al0.6 and NFPA 241. PART 3 -EXECUTION 3.1 3.2 3.3 A. EXAMINATION Verify that utilities have been disconnected and capped before starting selective demolition operations. B. Review Project Record Documents of existing construction or other existing condition and hazardous material information provided by Owner. Owner does not guarantee that existing conditions are same as those indicated in Project Record Documents. C. Survey of Existing Conditions: Record existing conditions by use of measured drawings and preconstruction photographs or video. A. A. 1. Comply with requirements specified in Section 013233 "Photographic Documentation." 2. Inventory and record the condition of items to be removed and salvaged. Provide photographs or video of conditions that might be misconstrued as damage caused by salvage operations. 3. Before selective demolition or removal of existing building elements that will be reproduced or duplicated in final Work, make permanent record of measurements, materials, and construction details required to make exact reproduction. UTILITY SERVICES AND MECHANICAL/ELECTRICAL SYSTEMS Existing Services/Systems to Remain: Maintain services/systems indicated to remain and protect them against damage. PROTECTION Temporary Protection: Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain. 1. Provide protection to ensure safe passage of people around selective demolition area and to and from occupied portions of building. 2. Provide temporary weather protection, during interval between selective demolition of existing construction on exterior surfaces and new construction, to prevent water leakage and damage to structure and interior areas. 3. Protect walls, ceilings, floors, and other existing finish work that are to remain or that are exposed during selective demolition operations. 4. Cover and protect furniture, furnishings, and equipment that have not been removed. 5. Comply with requirements for temporary enclosures, dust control, heating, and cooling specified in Section 015000 "Temporary Facilities and Controls." Contract No. 4738 3.4 A. B. Carlsbad Senior Center Renovation Construction Documents SELECTIVE DEMOLITION, GENERAL General: Demolish and remove existing construction only to the extent required by new construction and as indicated. Use methods required to complete the Work within limitations of governing regulations and as follows: 1. Proceed with selective demolition systematically, from higher to lower level. Complete selective demolition operations above each floor or tier before disturbing supporting members on the next lower level. 2. Neatly cut openings and holes plumb, square, and true to dimensions required. Use cutting methods least likely to damage construction to remain or adjoining construction. Use hand tools or small power tools designed for sawing or grinding, not hammering and chopping. Temporarily cover openings to remain. 3. Cut or drill from the exposed or finished side into concealed surfaces to avoid marring existing finished surfaces. 4. Do not use cutting torches until work area is cleared of flammable materials. At concealed spaces, such as duct and pipe interiors, verify condition and contents of hidden space before starting flame-cutting operations. Maintain portable fire-suppression devices during flame- cutting operations. 5. 6. 7. 8. 9. 10. Maintain fire watch during and for at least 3 hours after flame-cutting operations. Maintain adequate ventilation when using cutting torches. Remove decayed, vermin-infested, or otherwise dangerous or unsuitable materials and promptly dispose of off-site. Remove structural framing members and lower to ground by method suitable to avoid free fall and to prevent ground impact or dust generation. Locate selective demolition equipment and remove debris and materials so as not to impose excessive loads on supporting walls, floors, or framing. Dispose of demolished items and materials promptly. Comply with requirements in Section 017419 "Construction Waste Management and Disposal." Site Access and Temporary Controls: Conduct selective demolition and debris-removal operations to ensure minimum interference with roads, streets, walks, walkways, and other adjacent occupied and used facilities. C. Removed and Salvaged Items: 1. 2. 3. 4. 5. Clean salvaged items. Pack or crate items after cleaning. Identify contents of containers. Store items in a secure area until delivery to Owner. Transport items to Owner's storage area designated by Owner. Protect items from damage during transport and storage. D. Removed Reinstalled Items: 1. Clean and repair items to functional condition adequate for intended reuse. 2. Pack or crate items after cleaning and repairing. Identify contents of containers. 3. Protect items from damage during transport and storage. and 4. Reinstall items in locations indicated. Comply with installation requirements for new materials and equipment. Provide connections, supports, and miscellaneous materials necessary to make item functional for use indicated. Contract No. 4738 3.5 3.6 E. A. Carlsbad Senior Center Renovation Construction Documents Existing Items to Remain: Protect construction indicated to remain against damage and soiling during selective demolition. When permitted by Architect, items may be removed to a suitable, protected storage location during selective demolition and cleaned and reinstalled in their original locations after selective demolition operations are complete. SELECTIVE DEMOLITION PROCEDURES FOR SPECIFIC MATERIALS Resilient Floor Coverings: Remove floor coverings and adhesive according to recommendations in RF Cl's "Recommended Work Practices for the Removal of Resilient Floor Coverings." Do not use methods requiring solvent-based adhesive strippers. DISPOSAL OF DEMOLISHED MATERIALS A. Remove demolition waste materials from Project site and dispose of them in an EPA-approved construction and demolition waste landfill acceptable to authorities having jurisdiction.] [and recycle or dispose of them according to Section O I 7 419 "Construction Waste Management and Disposal." 1. Do not allow demolished materials to accumulate on-site. 2. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas. 3. Remove debris from elevated portions of building by chute, hoist, or other device that will convey debris to grade level in a controlled descent. 4. Comply with requirements specified in Section 017419 "Construction Waste Management and Disposal." B. Burning: Do not bum demolished materials. 3.7 CLEANING AND FURNITURE REINSTALATION A. Clean adjacent structures and improvements of dust, dirt, and debris caused by selective demolition operations. Return adjacent areas to condition existing before selective demolition operations began. B. Return all displaced furniture to its original location. END OF SECTION 024119 Contract No. 4738 SECTION 072613 -VAPOR REDUCTION SYSTEMS PART 1 -GENERAL 1.1 RELATED DOCUMENTS Carlsbad Senior Center Renovation Construction Documents A. Drawings and general provisions of the Contract, including General and Supplemental Provisions and Division O 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes vapor reduction systems for the reduction of moisture vapor transmission and alkalinity control at interior concrete slabs requiring resilient or carpet flooring finishes. B. Contractor shall assume that application of vapor reduction systems is required at all the concrete slab where resilient flooring and carpet are specified as floor finish. C. Before installation of flooring finishes over interior concrete slabs, General Contractor shall have concrete floor slab moisture content tests performed by an independent laboratory to determine the level of vapor transmission in the concrete slabs, the pH level. General Contractor shall submit copies of the test results to the Architect prior to the installation of the flooring finishes. This testing will occur before and after the vapor reduction system is installed. The testing is performed to verify the condition of the concrete slab meets the flooring manufacturer(s)' requirements for floor finish installation. D. Related Sections: 1. Section O 14000 "Quality Requirements" 2. Section 096519 "Resilient Tile Flooring". 3. Section 096813 "Carpeting". 1.3 PRE-INST ALLA TI ON MEETINGS A. Pre-installation Conference: Conduct conference at Project site. 1.4 ACTION SUB MITT ALS A. Product data for each type of product and system specified, including: 1. Manufacturer's Specification. Contract No. 4738 Carlsbad Senior Center Renovation Construction Documents 2. Manufacturer's Material Safety Data Sheets for each vapor reduction system proposed for use. 3. Installation Instructions. 4. Certification Requirements. 5. Warranty Information. 6. List of product use and performance history, for the same formulation and system design, listing reference sources. Similar projects shall have documented minimum initial vapor transmission rates of 15 lbs per 1,000 sf per 24 hrs, and have resulted in maintained vapor reduction rate of less than 5 lbs per 1,000 sf per 24 hrs when tested in accordance with ASTM F 1869. 1.5 INFORMATIONAL SUBMITTALS A. Qualification Data: For Installer and Manufacturer: 1. Installer Qualifications: Employ an installer currently certified by the Manufacturer or upon approval from the Construction Manager, an installer experienced in surface preparation and application of vapor reduction material, and subject to the inspection and control of the Manufacturer. 2. Manufacturer Qualifications: a. Minimum five (5) years of manufacturing the same vapor transmission control products without change of formulation or system design. b. Manufacturer shall have independent lab test reports documenting performance per the following: 1) ASTM E 96, Water Vapor Transmission (dry and wet methods). Performance shall be documented by an independent testing laboratory at a minimum of 94% vapor transmission reduction compared to untreated ACI Committee 201 durable concrete. 2) ASTM D 4541, Adhesion Properties (after ASTM E 96). 3) ASTM D 1308; Insensitivity to alkaline environment up to pH 14. 4) Certify acceptance and exposure to continuous topical exposure after final cure. B. Sample Warranty: For manufacturer's warranty. 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver products to Project site in Manufacturer's original, unopened cartons and containers, each bearing names of product and manufacturer, Project identification, and shipping and handling instructions. B. Store products in ventilated, dry spaces protected from the weather, with ambient temperatures maintained between 50 and 90 deg F. Protect from dampness, freezing, and direct sunlight. Contract No. 4738 Carlsbad Senior Center Renovation Construction Documents C. Handle product in a manner that shall prevent breakage of containers and damage to products. 1.7 FIELD CONDITIONS A. Environmental Conditions. 1. Do not apply products to unprotected surfaces in wet weather or to surfaces on which ice, frost, or water is visible. 2. Do not apply products when temperature is lower than 50 degrees F or expected to fall below this temperature within 24 hours from time of application. 3. Products cannot be applied when Dew Point conditions exist. Consult the Manufacturer for specific guidelines concerning this condition. 4. Allow continuous ventilation and indirect air movement at all times during application and curing process of the vapor reduction systems. B. Protection: Protect products to prevent damage from active rain or topical water for a minimum period of 24 hours from time of application. 1.8 SCHEDULING A. The Contractor shall coordinate scheduling of testing and allow enough time for the testing, the installation of the vapor reduction system, and the re-testing before installation of floor finishes. B. The Contractor shall allow the concrete slab to cure for not less than 28 days before testing. Consult with the Construction Manager if an accelerated timetable is necessary. 1.9 WARRANTY A. General Warranty: The warranties specified in this Article shall not deprive the City of other rights the City may have under other provisions of the Contract Documents and shall be in addition to, and run concurrent with, other warranties made by the Contractor under requirements of the Contract Documents. B. Standard Manufacturer's Warranty: Submit Manufacturer's standard written warranty, signed by vapor reduction systems Manufacturer agreeing to promptly repair defects in materials or workmanship for the following warranty period: l. Standard Manufacturer's Warranty: Manufacturer shall provide the City with its standard ten ( l 0) year warranty at no additional cost. 2. Installer's Warranty: Installer of water vapor reduction systems shall provide standard installation warranty for workmanship. Contract No. 4738 PART 2 -PRODUCTS 2.1 MANUFACTURERS Carlsbad Senior Center Renovation Construction Documents A. Products and Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Koster American Corporation; Koster V AP 1 ® 2000 System (Basis-of-Design) 2. Allied Construction Technologies; AC Tech 2170 Vapor Reduction Systems. 3. Vexcon Chemicals, Inc; MoistureBloc Vapor Reduction Systems. 4. Or equal. 2.2 MATERIALS A. General: Use materials of one manufacturer throughout the project. B. Moisture Vapor Control Coating: Select one of the following; 1. KO ASTER V AP 1 2000 12 hour setting time, low VOC, 2-part epoxy resin coating. 2. KO ASTER V AP 1 2000 FS 4-5 hour setting time, Zero VOC, 2-part epoxy coating. 3. KOASTER V AP 1 2000 UFS 3-4 hour setting time, low VOC, 2-part epoxy coating. 4. KOASTER V AP 1 2000 Zero VOC 12 hour setting time, Zero VOC, 2-part epoxy coating. C. Primer for underlayment: 1. KOASTER V AP 1 06 Primer: Non-porous substrate primer for use on V AP 1 2000 resin coating D. Self-leveling underlayment: Select one of the following; 1. KOASTER SL 2. KOASTER SL Premium 3. KOASTER SC E. Movement joint sealant 1. KO ASTER FS-H polysulfide resin joint sealant 2. Backer rod and accessory materials Contract No. 4738 Carlsbad Senior Center Renovation Construction Documents PART 3 -EXECUTION 3.1 EXAMINATION 3.2 A. Inspect all surfaces with regard to their suitability to receive vapor reduction system. B. Provide information required in vapor control system manufacturer's pre-job check list. C. Adhesion tests: Testing and evaluation for deleterious materials and contaminants that inhibit moisture control coating adhesion. D. A. l. The Contractor shall verify for acceptability the proper adhesion of flooring adhesives, coatings, and leveling compounds to the final vapor reduction coating system. Contact vapor reduction system Manufacturer's representative for recommendations. 2. Concrete substrates shall be structurally sound, solid, and meet ACI Committee 201 Report "Guide to Durable Concrete". Surfaces shall be free of moisture-sensitive patching and leveling materials, adhesives, coatings, curing compounds, concrete sealers, efflorescence, dust, grease, oils, and any other materials or contaminants that act as bond breakers. 3. The slab surface shall be capable of withstanding steel shotblast preparation to ICRI CSP 3. Excessively weak, soft, dusty, cracked, or uneven surfaces may not be suitable substrates and may require additional concrete surface removal or patching before application of the moisture control coating. Such compounds shall be long-term resistant to high moisture and high pH. 4. Contaminated concrete may not be suitable to receive a vapor control coating. Proceed with installation only after unsatisfactory conditions have been corrected. PREPARATION Abrasive surface preparation: 1. Grind perimeter of rooms and areas inaccessible to shot-blasting using dry diamond media with vacuum duct extraction. Grind to ICRI CSP2. Do not smooth polish these areas. Grinding is allowed only in areas not accessible to shot-blasting. 2. Shot-blast floors to ICRI CSP3. Shot-blast as close as possible to walls, doorways, and other permanently installed objects or building elements. Remove residual steel shot. 3. Acid etching is not permitted. B. Remove residual dust and debris by vacuum and dry sweeping. Do not use sweeping compound. Remove all foreign matter such as dust, adhesives, leveling compounds, paint, dirt, floor hardeners, bond breakers, oil, grease, curing agents, form release agents, efflorescence, laitance, shot-blast beads, etc. C. Test concrete surface tensile strength after abrasive preparation in accordance with requirements of ASTM F3010 following Test Method Cl 583. If test results are less than 200 psi, repair concrete or repeat surface preparation to achieve required concrete surface tensile strength. Contract No. 4738 3.3 3.4 Carlsbad Senior Center Renovation Construction Documents D. Repair non-movement cracks, control joints, and large surface defects such as spalls, holes, and voids in accordance with manufacturer's recommendations. Use low-viscosity, gravity-fed crack mending resin for non-movement cracks and joints. Crack repair compound is acceptable to be mixed with not more than 3 parts clean, washed, dry silica sand for sawcut control joints and wide cracks. Brush interior walls of crack or joint with neat crack repair epoxy resin before applying sand-resin mixture. After curing, grind surface flush with surrounding concrete. E. Repair spalls or excessively rough concrete surface using manufacturer's fiber thickening agent mixed l: l by volume with moisture control resin. Mix thickening agent and resin thoroughly to uniform creamy consistency and apply by trowel, working material tightly against clean, roughened concrete surface. F. Do not fill designed movement joints with vapor control epoxy resin. Fill movement joints with manufacturer's recommended flexible joint filling compound or mechanical movement joint cover. G. A. B. C. A. B. Reinforcing fibers that become visible after shot-blasting shall be removed and vacuumed leaving no fibers exposed above the concrete surfaces. Provide an uncontaminated, clean, sound surface. MIXING Mix two-part vapor control resin and hardener thoroughly for three minutes in manufacturer's supplied containers following manufacturer's requirements to obtain a homogeneous mixture. Use a low speed motor less than 400 rpm and a two bladed Jiffy-type mixing blade only. Do not aerate. If smaller quantities are required, maintain manufacturer's specified mix ratios by volume. Do not dilute with solvent. TESTING Before installation of flooring finishes over interior concrete slabs, Contractor shall have concrete floor slab moisture content tests performed by an independent laboratory to determine the level of vapor transmission in the concrete slabs, the pH level and the amount of vapor reduction system which will be applied. If remedial action is indicated and required, it shall be performed by the Contractor in accordance with this section prior to the installation of the flooring finishes without additional cost to the Owner. After installation of the vapor reduction system the Contractor will repeat the testing procedure to confirm that the vapor transmission and pH levels are adequate to receive the flooring finishes. Contract No. 4738 3.5 APPLICATION Carlsbad Senior Center Renovation Construction Documents A. After mixing, immediately pour material on the substrate in a ribbon. Empty can completely. Do not invert can to drain on concrete. B. Spread coating using manufacturer's recommended notched squeegee and back-roll with a 3/8 inch nap epoxy-rated, non-lining roller. Completely cover the entire concrete surface with a uniform application of the coating as quickly as possible and allow the coating to self-level. Work into a wet edge and assure continuity of the coating across the entire area. C. Spread coating to ICRI CSP3 shot-blasted concrete surface to 100 to 150 sf/gallon. Concrete prepared to CSP3 coated at 100 to 150 sf/gallon will yield average cured coating thickness 11 to 16 mils (0.011 to 0.016 in.) A rougher surface profile or a porous or absorptive concrete will require the use of more material to achieve sufficient coating thickness. KOSTER V AP 1 200 coating shall be installed at a minimum layer thickness of at least 11 mils (0.011 in.) Less layer thickness results in a higher permeance of the cured coating that will not meet performance of ASTM F3010. D. Allow coating to cure minimum length of time specified for the product. 3.6 INSPECTION BY CONTRACTOR A. Inspect cured coating for complete, uniform coverage. Note any defects to be repaired such as pinholes, bubbles, or thin spots. B. Repair or install additional coats as necessary to produce a uniform, flat, smooth, coating surface that meets manufacturer's minimum thickness requirements in all areas. C. Test adhesion of the coating to the concrete substrate as required in ASTM F3010 following Test Method D7234. Tensile bond strength of the coating shall be at least 200 psi with failure in the concrete. Repair or replace areas that do not meet this requirements. 3.7 CEMENTITOUS UNDERLAYMENT A. After installation of the coating, self-leveling cementitious underlayment or trowelable cementitious skim coat shall be installed. 1. Apply KOSTER V APl 06 Primer at 650 to 800 sf/gallon using a non-lining short-nap roller. Apply a thin, uniform coating over the entire cured epoxy coating. Do not dilute with water or solvent. Do not apply thicker than 650 sf/gallon. 2. Mix and apply KOSTER SL standard underlayment, KOSTER SL Premium or KOSTER SC skim coat following manufacturer's instructions. Allow to cure and dry according to manufacturer's instructions before installing floor coverings. Contract No. 4738 3.8 CLEANING AND PROTECTION Carlsbad Senior Center Renovation Construction Documents A. Clean all tools and equipment in contact with epoxy resins using xylene ( or other cleaning agent as recommended by the manufacturer) immediately after use when applying the vapor transmission level reduction system. B. Remove from the Project site all debris resulting from vapor reduction system installation. C. Protect each coat during specified cure period from all traffic, topical moisture, and contaminants. D. Protect installed cementitious underlayment or skim coat until floor covering installation. END OF SECTION 072613 Contract No. 4738 SECTION 096513 -RESILIENT BASE AND ACCESSORIES PART 1 -GENERAL 1.1 RELATED DOCUMENTS Carlsbad Senior Center Renovation Construction Documents A. Drawings and general provisions of the Contract, including General and Supplemental Provisions and Division O 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Resilient base. 2. Resilient molding accessories. B. Related Sections: 1. Section 096519 "Resilient Tile Flooring". 2. Section 096813 "Tile Carpeting". 1.3 ACTION SUB MITT ALS A. Product Data: For each type of product indicated. 8. Samples for Initial Selection: For each type of product indicated. C. Samples for Verification: For each type of product indicated, in manufacturer's standard-size Samples but not less than 12 inches long, of each resilient product color, texture, and pattern required. D. Product Schedule: For resilient products. Include all the proposed accessories and transition strips. 1.4 MAINTENANCE MATERIAL SUBMITT ALS A. Furnish extra materials that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 1. Furnish not less than 10 linear feet for every 500 linear feet or fraction thereof, of each type, color, pattern, and size of resilient product installed. Contract No. 4738 1.5 QUALITY ASSURANCE Carlsbad Senior Center Renovation Construction Documents A. Fire-Test-Response Characteristics: As determined by testing identical products according to ASTM E 648 or NFPA 253 by a qualified testing agency. 1. Critical Radiant Flux Classification: Class I, not less than 0.45 W /sq. cm. B. Mockups: Provide resilient products with mockups specified in other Sections. 1.6 DELIVERY, STORAGE, AND HANDLING A. Store resilient products and installation materials in dry spaces protected from the weather, with ambient temperatures maintained within range recommended by manufacturer, but not less than 50 deg F or more than 90 deg F. 1.7 PROJECT CONDITIONS A. Maintain ambient temperatures within range recommended by manufacturer, but not less than 70 deg F or more than 95 deg F, in spaces to receive resilient products during the following time periods: 1. 48 hours before installation. 2. During installation. 3. 48 hours after installation. B. Until Substantial Completion, maintain ambient temperatures within range recommended by manufacturer, but not less than 55 deg For more than 95 deg F. C. Install resilient products after other finishing operations, including painting, have been completed. PART 2 -PRODUCTS 2.1 RESILIENT BASE A. Resilient Base: 1. Manufacturers: Subject to compliance with requirements, provide products by one of the following: a. Burke Mercer Flooring Products; Division of Burke Industries, Inc. b. Johnsonite. c. Mondo Rubber International, Inc. d. Nora Rubber Flooring; Freudenberg Building Systems, Inc. e. Roppe Corporation, USA. Contract No. 4738 B. Resilient Base Standard: ASTM F 1861. Carlsbad Senior Center Renovation Construction Documents 1. Material Requirement: Type TV (vinyl, thermoplastic). 2. Manufacturing Method: Group I (solid, homogeneous) or Group II (layered). 3. Style: Cove (base with toe) and Straight (flat or toeless). C. Minimum Thickness: 0.125 inch. D. Height: 4 inches unless otherwise indicated. E. Lengths: Cut lengths 48 inches long or coils in manufacturer's standard length. F. Outside Comers: Job formed or preformed. G. Inside Comers: Job formed or preformed. H. Finish: As selected by Architect from manufacturer's full range. I. Colors and Patterns: As selected by Architect from full range of industry colors. 2.2 RESILIENT MOLDING ACCESSORY A. Resilient Molding Accessory: 1. Manufacturers: Subject to compliance with requirements, provide products by one of the following: a. Burke Mercer Flooring Products; Division of Burke Industries, Inc. b. Johnsonite. c. Rappe Corporation, USA. B. Description: Carpet edge for glue-down applications, Reducer strip for resilient floor covering, Joiner for tile and carpet, and Transition strips. C. Material: Rubber. D. Profile and Dimensions: As approved in submittal process. E. Colors and Patterns: As selected by Architect from full range of industry colors. 2.3 INSTALLATION MATERIALS A. Trowelable Leveling and Patching Compounds: Latex-modified, portland cement based or blended hydraulic-cement-based formulation provided or approved by manufacturer for applications indicated. B. Adhesives: Water-resistant type recommended by manufacturer to suit resilient products and substrate conditions indicated. Contract No. 4 738 Carlsbad Senior Center Renovation Construction Documents 1. Adhesives shall have a VOC content of 50 g/L or less when calculated according to 40 CFR 59, Subpart D (EPA Method 24). C. Resilient Edge Strips: Pre-molded of width shown, of height required to protect exposed edges of tiles, and in maximum available lengths to minimize running joints. D. Floor Polish: Provide protective liquid floor polis h products as recommended by resilient stair tread manufacturer. PART 3 -EXECUTION 3.1 EXAMINATION A. Examine substrates, with Installer present, for compliance with requirements for maximum moisture content and other conditions affecting performance of the Work. B. Verify that finishes of substrates comply with tolerances and other requirements specified in other Sections and that substrates are free of cracks, ridges, depressions, scale, and foreign deposits that might interfere with adhesion of resilient products. C. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Prepare substrates according to manufacturer's written instructions to ensure adhesion of resilient products. B. Concrete Substrates for Resilient Stair Treads and Accessories: Prepare according to ASTM F 710. 1. Verify that substrates are dry and free of curing compounds, sealers, and hardeners. 2. Remove substrate coatings and other substances that are incompatible with adhesives and that contain soap, wax, oil, or silicone, using mechanical methods recommended by manufacturer. Do not use solvents. 3. Alkalinity and Adhesion Testing: Perform tests recommended by manufacturer. 4. Moisture Testing: Perform tests recommended by manufacturer and as follows. Proceed with installation only after substrates pass testing. a. Perform anhydrous calcium chloride test, ASTM F 1869. Proceed with installation only after substrates have maximum moisture-vapor-emission rate of 3 lb of water/1000 sq. ft. in 24 hours. b. Perform relative humidity test using in situ probes, ASTM F 2170. Proceed with installation only after substrates have maximum 75 percent relative humidity level measurement. C. Fill cracks, holes, and depressions in substrates with trowelable leveling and patching compound and remove bumps and ridges to produce a uniform and smooth substrate. Contract No. 4738 Carlsbad Senior Center Renovation Construction Documents D. Do not install resilient products until they are same temperature as the space where they are to be installed. 1. Move resilient products and installation materials into spaces where they will be installed at least 48 hours in advance of installation. E. Sweep and vacuum clean substrates to be covered by resilient products immediately before installation. 3.3 RESILIENT BASE INSTALLATION A. Comply with manufacturer's written instructions for installing resilient base. B. Apply resilient base to walls, columns, pilasters, casework and cabinets in toe spaces, and other permanent fixtures in rooms and areas where base is required. C. Install resilient base in lengths as long as practicable without gaps at seams and with tops of adjacent pieces aligned. D. Tightly adhere resilient base to substrate throughout length of each piece, with base in continuous contact with horizontal and vertical substrates. E. Do not stretch resilient base during installation. F. On masonry surfaces or other similar irregular substrates, fill voids along top edge of resilient base with manufacturer's recommended adhesive filler material. G. Preformed Comers: Install preformed comers before installing straight pieces. H. Job-Formed Comers: 1. Outside Comers: Use straight pieces of maximum lengths possible. Form without producing discoloration (whitening) at bends. 2. Inside Comers: Use straight pieces of maximum lengths possible. 3.4 RESILIENT ACCESSORY INSTALLATION A. Comply with manufacturer's written instructions for installing resilient accessories. B. Resilient Molding Accessories: Butt to adjacent materials and tightly adhere to substrates throughout length of each piece. Install reducer strips at edges of carpet or resilient floor covering that would otherwise be exposed. 3.5 CLEANING AND PROTECTION A. Comply with manufacturer's written instructions for cleaning and protection of resilient products. B. Perform the following operations immediately after completing resilient product installation: Contract No. 4 738 Carlsbad Senior Center Renovation Construction Documents I. Remove adhesive and other blemishes from exposed surfaces. 2. Sweep and vacuum surfaces thoroughly. 3. Damp-mop surfaces to remove marks and soil. C. Protect resilient products from mars, marks, indentations, and other damage from construction operations and placement of equipment and fixtures during remainder of construction period. D. Floor Polish: Remove soil, visible adhesive, and surface blemishes from resilient stair treads before applying liquid floor polish. 1. Apply two coat(s). E. Cover resilient products until Substantial Completion. END OF SECTION 096513 Contract No. 4738 SECTION 096519-RESILIENT TILE FLOORING PART I -GENERAL 1.1 RELATED DOCUMENTS Carlsbad Senior Center Renovation Construction Documents A. Drawings and general provisions of the Contract, including General and Supplemental Provisions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: I. Vinyl floor planks B. Related Sections: 1. Division 09 Section "Resilient Base and Accessories" for resilient base, reducer strips, and other accessories installed with resilient floor coverings. 2. Division 09 Section "Tile Carpeting" for carpeting. 1.3 ACTION SUB MITT ALS A. Product Data: For each type of product indicated. B. Shop Drawings: For each type of floor tile. Include floor tile layouts, edges, columns, doorways, enclosing partitions, built-in furniture, cabinets, and cutouts. 1. Show details of special patterns. C. Samples for Initial Selection: For each type of floor tile indicated. D. Samples for Verification: Full-size units of each color and pattern of floor tile required. E. Seam Samples: For seamless-installation technique indicated and for each flooring product, color, and pattern required; with seam running lengthwise and in center of 6-by-9-inch Sample applied to a rigid backing and prepared by Installer for this Project. F. Product Schedule: For floor tile. Use same designations indicated on Drawings. 1.4 INFORMATIONAL SUB MITT ALS A. Qualification Data: For qualified Installer. Contract No. 4738 1.5 CLOSEOUT SUBMITT ALS Carlsbad Senior Center Renovation Construction Documents A. Maintenance Data: For each type of floor tile to include in maintenance manuals. 1.6 MATERIALS MAINTENANCE SUBMITT ALS A. Furnish extra materials that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 1. Floor Tile: Furnish 1 box for every 50 boxes or fraction thereof, of each type, color, and pattern of floor tile installed. 1.7 QUALITY ASSURANCE A. Installer Qualifications: A qualified installer who employs workers for this Project who are competent in techniques required by manufacturer for floor tile installation indicated. 1. Engage an installer who employs workers for this Project who are trained or certified by manufacturer for installation techniques required. B. Fire-Test-Response Characteristics: As determined by testing identical products according to ASTM E 648 or NFPA 253 by a qualified testing agency. 1. Critical Radiant Flux Classification: Class I, not less than 0.45 W/sq. cm. C. Mockups: Build mockups to verify selections made under sample submittals and to demonstrate aesthetic effects and set quality standards for materials and execution. 1. Build mockups for floor tile including resilient base and accessories. a. Size: Minimum I 00 sq. ft. for each type, color, and pattern in locations directed by Architect. 1.8 DELIVERY, STORAGE, AND HANDLING A. Store floor tile and installation materials in dry spaces protected from the weather, with ambient temperatures maintained within range recommended by manufacturer, but not less than 50 deg F or more than 90 deg F. Store floor tiles on flat surfaces. 1.9 PROJECT CONDITIONS A. Maintain ambient temperatures within range recommended by manufacturer, but not less than 70 deg For more than 95 deg F, in spaces to receive floor tile during the following time periods: 1. 48 hours before installation. Contract No. 4738 2. During installation. 3. 48 hours after installation. Carlsbad Senior Center Renovation Construction Documents B. Until Substantial Completion, maintain ambient temperatures within range recommended by manufacturer, but not less than 55 deg F or more than 95 deg F. C. Close spaces to traffic during floor tile installation. D. Close spaces to traffic for 48 hours after floor tile installation. E. Install floor tile after other finishing operations, including painting, have been completed. 1.10 WARRANTY A. Special Warranty for Resilient Tile; Manufacturer agrees to repair or replace defective material within specified warranty period. l. Warranty does not include installer's workmanship. 2. Resilient tile must be installed and maintained according to manufacturer's recommendations. 3. Warranty Period: a. Manufacturing Defects Warranty: 10 years. b. Limited Commercial Wear Warranty: 10 years. c. Underbed Warranty: 10 years. PART 2 -PRODUCTS 2.1 PERFORMANCE REQUIREMENTS A. FloorScore Compliance: Resilient tile flooring shall comply with requirements of FloorScore Standard. 2.2 RESILIENT VINYL PLANK A. Basis-of-Design Product: Shaw Contract Group, Vinyl planks (Pigment and Grain Lines) wth InStep locking system. B. Or comparable product by one of the following: l. Armstrong W arid Industries, Inc .. 2. Burke Mercer Flooring Products, Division of Burke Industries Inc. 3. Mannington Mills, Inc; Spacia Abstract. 4. Shaw Contract Gropu (Basis of Design) C. Tile Standard: ASTM F 1700. Contract No. 4738 1. Class: Class III, printed film vinyl tile. 2. Type: Type B, embossed surface. D. Thickness: 5/32 inch. E. Wear Layer Thickness: 0.020 inch. F. Size: 7 x 48 inches Carlsbad Senior Center Renovation Construction Documents G. Colors and Patterns: Two (2) color/products will be selected by Architect from full range of manufacturer's designations. Architect will provide the final pattern. 2.3 INSTALLATION MATERIALS A. Trowelable Leveling and Patching Compounds: Latex-modified, portland cement based or blended hydraulic-cement-based formulation provided or approved by manufacturer for applications indicated. B. Adhesives: Water-resistant type recommended by manufacturer to suit floor tile and substrate conditions indicated. 1. Adhesives shall comply with the following limits for VOC content when calculated according to 40 CFR 59, Subpart D (EPA Method 24): a. VCT Adhesives: Not more than 50 g/L. C. Floor Polish: Provide protective liquid floor polish products as recommended by manufacturer. PART 3 -EXECUTION 3.1 EXAMINATION A. Examine substrates, with Installer present, for compliance with requirements for maximum moisture content and other conditions affecting performance of the Work. B. Verify that finishes of substrates comply with tolerances and other requirements specified in other Sections and that substrates are free of cracks, ridges, depressions, scale, and foreign deposits that might interfere with adhesion of floor tile. C. Proceed with installation only after unsatisfactory conditions have been corrected. Contract No. 4738 3.2 3.3 A. B. PREPARATION Carlsbad Senior Center Renovation Construction Documents Prepare substrates according to manufacturer's written instructions to ensure adhesion of resilient products. Concrete Substrates: Prepare according to ASTM F 710. I. Verify that substrates are dry and free of curing compounds, sealers, and hardeners. 2. Remove substrate coatings and other substances that are incompatible with adhesives and that contain soap, wax, oil, or silicone, using mechanical methods recommended by manufacturer. Do not use solvents. 3. Alkalinity and Adhesion Testing: Perform tests recommended by manufacturer. Proceed with installation only after substrates pass testing. 4. Moisture Testing: Perform tests recommended by manufacturer and as follows. Proceed with installation only after substrates pass testing. a. Perform anhydrous calcium chloride test, ASTM F 1869. Proceed with installation only after substrates have maximum moisture-vapor-emission rate of 3 lb of water/1000 sq. ft. in 24 hours. b. Perform relative humidity test using in situ probes, ASTM F 2170. Proceed with installation only after substrates have a maximum 75% relative humidity level measurement. C. Fill cracks, holes, and depressions in substrates with trowelable leveling and patching compound and remove bumps and ridges to produce a uniform and smooth substrate. D. Do not install floor tiles until they are same temperature as space where they are to be installed. 1. Move resilient products and installation materials into spaces where they will be installed at least 48 hours in advance of installation. E. A. B. Sweep and vacuum clean substrates to be covered by resilient products immediately before installation. INSTALLATION Comply with manufacturer's written instructions for installing floor tile. Lay out floor tiles from center marks established with principal walls, discounting minor offsets, so tiles at opposite edges of room are of equal width. Adjust as necessary to avoid using cut widths that equal less than one-half tile at perimeter. I. Lay tiles in pattern indicated. C. Match floor tiles for color and pattern by selecting tiles from cartons in the same sequence as manufactured and packaged, if so numbered. Discard broken, cracked, chipped, or deformed tiles. Contract No. 4738 1. Lay tiles in pattern of colors and sizes indicated. Carlsbad Senior Center Renovation Construction Documents D. Scribe, cut, and fit floor tiles to butt neatly and tightly to vertical surfaces and permanent fixtures including built-in furniture, cabinets, pipes, outlets, and door frames. E. Extend floor tiles into toe spaces, door reveals, closets, and similar openings. Extend floor tiles to center of door openings. F. Maintain reference markers, holes, and openings that are in place or marked for future cutting by repeating on floor tiles as marked on substrates. Use chalk or other nonpermanent, nonstaining marking device. G. Install floor tiles on covers for telephone and electrical ducts, building expansion-joint covers, and similar items in finished floor areas. Maintain overall continuity of color and pattern between pieces of tile installed on covers and adjoining tiles. Tightly adhere tile edges to substrates that abut covers and to cover perimeters. H. Adhere floor tiles to flooring substrates using a full spread of adhesive applied to substrate to produce a completed installation without open cracks, voids, raising and puckering at joints, telegraphing of adhesive spreader marks, and other surface imperfections. 3.4 CLEANING AND PROTECTION A. Comply with manufacturer's written instructions for cleaning and protection of floor tile. B. Perform the following operations immediately after completing floor tile installation: 1. Remove adhesive and other blemishes from exposed surfaces. 2. Sweep and vacuum surfaces thoroughly. 3. Damp-mop surfaces to remove marks and soil. C. Protect floor tile products from mars, marks, indentations, and other damage from construction operations and placement of equipment and fixtures during remainder of construction period. D. Cover floor tile until Substantial Completion. END OF SECTION 096519 Contract No. 4738 SECTION 096813 -CARPETING PART 1 -GENERAL 1.1 RELATED DOCUMENTS Carlsbad Senior Center Renovation Construction Documents A. Drawings and general provisions of the Contract, including General and Supplemental Provisions and Division O l Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes modular, carpet tile and broadloom carpet. B. Related Requirements: l. Division 07 Section "Vapor Reduction Systems" for treatment of concrete slab. 2. Division 09 Section "Resilient Base and Accessories, Resilient Tile Flooring" for resilient wall base and accessories installed with carpet tile 3. Division 09 Section "Resilient Tile Flooring." 1.3 PREINST ALLA TION MEETINGS A. Preinstallation Conference: Conduct conference at Project site. 1. Review methods and procedures related to carpet tile installation including, but not limited to, the following: a. Review delivery, storage, and handling procedures. b. Review ambient conditions and ventilation procedures. c. Review subfloor preparation procedures. 1.4 ACTION SUBMITT ALS A. Product Data: For each type of product. 1. Include manufacturer's written data on physical characteristics, durability, and fade resistance. 2. Include installation recommendations for each type of substrate. B. Shop Drawings: Show the following: l. Columns, doorways, enclosing walls or partitions, built-in cabinets, and locations where cutouts are required in carpet. 2. Carpet type, color, and dye lot. Contract No. 4738 1.5 3. Type of subfloor. 4. Type of installation. 5. Pattern of installation. 6. Pattern type, location, and direction. 7. Pile direction. 8. Type, color, and location of insets and borders. Carlsbad Senior Center Renovation Construction Documents 9. Type, color, and location of edge, transition, and other accessory strips. 10. Transition details to other flooring materials. C. Samples: For each of the following products and for each color and texture required. Label each Sample with manufacturer's name, material description, color, pattern, and designation indicated on Drawings and in schedules. D. A. A. B. C. 1. Carpet Tile: Full-size Sample. 2. Broadloom Carpet: 24x24 sample 3. Exposed Edge, Transition, and Other Accessory Stripping: 12-inch-(300-mm-) long Samples. Product Schedule: For carpet tile. Use same designations indicated on Drawings. Sustainable Product Certification: Provide ANSI/NSF 140 certification for carpet products. INFORMATIONAL SUBMITT ALS Qualification Data: For Installer. Product Test Reports: For carpet, for tests performed by a qualified testing agency. Sample Warranty: For special warranty. 1.6 CLOSEOUT SUBMITT ALS A. Maintenance Data: For carpet to include in maintenance manuals. Include the following: 1. Methods for maintaining carpet, including cleaning and stain-removal products and procedures and manufacturer's recommended maintenance schedule. 2. Precautions for cleaning materials and methods that could be detrimental to carpet. 1.7 MAINTENANCE MATERIAL SUBMITTALS A. Furnish extra materials, from the same product run, that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. Contract No. 4738 Carlsbad Senior Center Renovation Construction Documents 1. Carpet Tile: Full-size units equal to 5 percent of amount installed for each type indicated, but not less than 10 sq. yd. (8.3 sq. m). 2. Carpet: Full-width rolls equal to 5 percent of amount installed for each type indicated, but not less than 10 sq. yd. (8.3 sq. m) 1.8 QUALITY ASSURANCE A. Installer Qualifications: An experienced installer who is certified by the International Certified Floorcovering Installers Association at the Commercial II certification level. B. Fire-Test-Response Ratings: Where indicated, provide carpet tile identical to those of assemblies tested for fire response according to NFPA 253 by a qualified testing agency. C. Mockups: Build mockups to verify selections made under Sample submittals and to demonstrate aesthetic effects and set quality standards for fabrication and installation. 1. Build mockups at locations and in sizes shown on Drawings. 2. Subject to compliance with requirements, approved mockups may become part of the completed Work if undisturbed at time of Substantial Completion. 1.9 DELIVERY, STORAGE, AND HANDLING A. Comply with CRI 104. B. Deliver carpet in original mill protective covering with mill register numbers and tags attached. 1. 10 FIELD CONDITIONS A. Comply with CRI I 04 for temperature, humidity, and ventilation limitations. B. Environmental Limitations: Do not deliver or install carpet until spaces are enclosed and weathertight, wet work in spaces is complete and dry, and ambient temperature and humidity conditions are maintained at occupancy levels during the remainder of the construction period. C. Do not install carpet over concrete slabs until slabs have cured and are sufficiently dry to bond with adhesive and concrete slabs have pH range recommended by carpet tile manufacturer. D. Where demountable partitions or other items are indicated for installation on top of carpet, install carpet before installing these items. Contract No. 4738 Carlsbad Senior Center Renovation Construction Documents 1.11 WARRANTY A. Special Warranty for Carpet: Manufacturer agrees to repair or replace components of carpet tile installation that fail in materials or workmanship within specified warranty period. 1. Warranty does not include deterioration or failure of carpet due to unusual traffic, failure of substrate, vandalism, or abuse. 2. Failures include, but are not limited to, the following: a. More than 10 percent edge raveling or face fiber loss, snags and runs. b. Dimensional instability. c. Excess static discharge. d. Loss of tuft-bind strength. e. De lamination f. Where face fiber is 100 percent solution dyed, inability to remove acid based stains. g. Lack of colorfastness to atmospheric contaminants. h. Carpet must be manufactured and warranted by same manufacturer 3. Warranty Period: 10 years from date of Substantial Completion. PART 2 -PRODUCTS 2.1 A. B. C. D. E. F. G. H. CARPET TILE Basis-of-Design Product: Shaw Contract Group, Allure Tile, Bright Work Carpet Tile. Color: (2) colors selected by Architect from manufacturer's full range Pattern: Architect will provide pattern for Contractor to follow. Fiber Content: Nylon - I 00 percent Pile Thickness: 0.116 inches for finished carpet tile according to ASTM D 6859. Gage: 1/12 ends per inch. Primary Backing/Backcoating: Nonwoven synthetic. Secondary Backing: High performance precoat laminated to a proprietary thermoplastic polyolefin compound with a fiberglass reinforced layer. Backing must contain a minimum of 40 percent recycled content and be SCS NSF 140 Platinum certified. Backing should be recyclable, PVC free, free of 4-PCH, brominated flame retardants, and phthalate plastizers. Contract No. 4738 Carlsbad Senior Center Renovation Construction Documents 1. Total Backing Weight: Not to exceed 80 oz./sq yd (339.1 g/sq m). I. Backing System: EcoWorx. J. Size: 24" x 24" K. Applied Soil-Resistance Treatment: Manufacturer's standard material. L. Antimicrobial Treatment: Manufacturer's standard material. M. Performance Characteristics: As follows: 1. Critical Radiant Flux Classification, Flooring Radiant Panel ASTM E 648: Not less than 0.45 W/sq. cm according to NFPA 253. 2. Smoke Density: Less than 450 per ASTM E662. 3. Methanamine Pill Test CPSC FFl-70: Must pass pill test. 4. Tuft Bind: Not less than 8 !bf (36 N) according to ASTM D 1335. 5. Delamination: Not less than 3.5 !bf/in. (0.6 N/mm) according to ASTM D 3936. 6. Dimensional Tolerance: Within 1/32 inch (0.8 mm) of specified size dimensions, as determined by physical measurement. 7. Dimensional Stability: 0.119 percent or less according to ISO 2551 (Aachen Test). 8. Colorfastness to Crocking: Not less than 4, wet and dry, according to AATCC 129 and AATCC 164 .. 9. Colorfastness to Light: Not less than 4 after 60 AFU (AATCC fading units) according to AA TCC 16, Option E. 10. Electrostatic Propensity: Less than 3.5 kV according to AATCC 134. 11. Emissions: Provide carpet tile that complies with testing and product requirements of CRI's "Green Label Plus" program. 12. Emissions: Provide carpet tile that complies with the product requirements of the California Department of Health Services' "Standard Practice for the Testing of Volatile Organic Emissions from Various Sources Using Small-Scale Environmental Chambers." 2.2 INSTALLATION ACCESSORIES -CARPET TILE A. Trowelable Leveling and Patching Compounds: Latex-modified, hydraulic-cement-based formulation provided or recommended by carpet tile manufacturer. B. Adhesives for Slab-on Grade Installation: Water-resistant, mildew-resistant, nonstammg, pressure-sensitive type to suit products and subfloor conditions indicated, that complies with flammability requirements for installed carpet tile and is recommended by carpet tile manufacturer for releasable installation. 1. Adhesives shall have a VOC content of 50 g/L or less when calculated according to 40 CFR 59, Subpart D (EPA Method 24). 2. Adhesives shall comply with the testing and product requirements of the California Department of Health Services' "Standard Practice for the Testing of Volatile Organic Emissions from Various Sources Using Small-Scale Environmental Chambers." Contract No. 4738 2.3 Carlsbad Senior Center Renovation Construction Documents C. Metal Edge/Transition Strips: Extruded aluminum with mill finish of profile and width shown, of height required to protect exposed edge of carpet, and of maximum lengths to minimize running joints. A. B. C. D. E. F. G. H. A. B. SHEET CARPET Basis-of-Design Product: Shaw Contract Group, Illuminate, Bright Work Broadloom Carpet. Color: As selected by Architect from manufacturer's full range Pattern: Match Architect's samples Fiber Content: Nylon -100 percent Fiber Type: Eco-solution Nylon Pile Characteristic: Multilevel-loop pile. Pile Thickness: 0.116 inches for finished carpet tile according to ASTM D 6859. Gage: 1/12 ends per inch. Primary Backing/Backcoating: Nonwoven synthetic. Secondary Backing: High performance precoat laminated to a proprietary thermoplastic polyolefin compound with a fiberglass reinforced layer. Backing must contain a minimum of 40 percent recycled content and be SCS NSF 140 Platinum certified. Backing should be recyclable, PVC free, free of 4-PCH, brominated flame retardants, and phthalate plastizers. 1. Total Backing Weight: Not to exceed 80 oz./sq yd (339.1 g/sq m). C. Backing System: Eco Worx. D. Roll Width: 12 feet (3.7 m) E. Applied Soil-Resistance Treatment: Manufacturer's standard material. F. Antimicrobial Treatment: Manufacturer's standard material. G. Performance Characteristics: As follows: 1. Critical Radiant Flux Classification, Flooring Radiant Panel ASTM E 648: Not less than 0.45 W/sq. cm according to NFPA 253. 2. Smoke Density: Less than 450 per ASTM E662. 3. Methanamine Pill Test CPSC FFl-70: Must pass pill test. 4. Tuft Bind: Not less than 8 lbf (36 N) according to ASTM D 1335. 5. Delamination: Not less than 3.5 lbf/in. (0.6 N/mm) according to ASTM D 3936. Contract No. 4738 Carlsbad Senior Center Renovation Construction Documents 6. Dimensional Tolerance: Within 1/32 inch (0.8 mm) of specified size dimensions, as determined by physical measurement. 7. Dimensional Stability: 0.119 percent or less according to ISO 2551 (Aachen Test). 8. Colorfastness to Crocking: Not less than 4, wet and dry, according to AA TCC 129 and AATCC 164 .. 9. Colorfastness to Light: Not less than 4 after 60 AFU (AATCC fading units) according to AA TCC 16, Option E. l 0. Electrostatic Propensity: Less than 3.5 kV according to AA TCC 134. 11. Emissions: Provide carpet tile that complies with testing and product requirements of CRI's "Green Label Plus" program. 12. Emissions: Provide carpet tile that complies with the product requirements of the California Department of Health Services' "Standard Practice for the Testing of Volatile Organic Emissions from Various Sources Using Small-Scale Environmental Chambers." 2.4 INSTALLATION ACCESSORIES -SHEET CARPET A. Trowelable Leveling and Patching Compounds: Latex-modified, hydraulic-cement-based formulation provided or recommended by carpet tile manufacturer. B. Adhesives for Slab-on Grade Installation: Water-resistant, mildew-resistant, nonstaining, pressure-sensitive type to suit products and subfloor conditions indicated, that complies with flammability requirements for installed carpet tile and is recommended by carpet tile manufacturer for releasable installation. 1. Adhesives shall have a VOC content of 50 g/L or less when calculated according to 40 CFR 59, Subpart D (EPA Method 24). 2. Adhesives shall comply with the testing and product requirements of the California Department of Health Services' "Standard Practice for the Testing of Volatile Organic Emissions from Various Sources Using Small-Scale Environmental Chambers." C. Seam Adhesive: Hot-melt adhesive tape or similar product recommended by carpet manufacturer for sealing and taping seams and butting cut edges at backing to form secure seams and to prevent pile loss at seams. D. Metal Edge/Transition Strips: Extruded aluminum with mill finish of profile and width shown, of height required to protect exposed edge of carpet, and of maximum lengths to minimize running joints. PART 3 -EXECUTION 3.1 EXAMINATION A. Examine substrates, areas, and conditions, with Installer present, for compliance with requirements for maximum moisture content, alkalinity range, installation tolerances, and other Contract No. 4738 Carlsbad Senior Center Renovation Construction Documents conditions affecting carpet tile performance. Examine carpet tile for type, color, pattern, and potential defects. B. Concrete Subfloors: Verify that concrete slabs comply with ASTM F 710 and the following: 1. Slab substrates are dry and free of curing compounds, sealers, hardeners, and other materials that may interfere with adhesive bond. Determine adhesion and dryness characteristics by performing bond and moisture tests recommended by carpet tile manufacturer. 2. Subtloors are free of cracks, ridges, depressions, scale, and foreign deposits. C. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION 3.3 A. B. C. D. E. A. B. General: Comply with CRI 104, Section 6.2, "Site Conditions; Floor Preparation," and with carpet manufacturer's written installation instructions for preparing substrates indicated to receive carpet tile installation. Use trowelable leveling and patching compounds, according to manufacturer's written instructions, to fill cracks, holes, depressions, and protrusions in substrates. Fill or level cracks, holes and depressions 1/8 inch (3 mm) wide or wider and protrusions more than 1/32 inch (0.8 mm) unless more stringent requirements are required by manufacturer's written instructions. Remove coatings, including curing compounds, and other substances that are incompatible with adhesives and that contain soap, wax, oil, or silicone, without using solvents. Use mechanical methods recommended in writing by carpet tile manufacturer. Clean metal substrates of grease, oil, soil and rust, and prime if directed by adhesive manufacturer. Rough sand painted metal surfaces and remove loose paint. Sand aluminum surfaces, to remove metal oxides, immediately before applying adhesive. Broom and vacuum clean substrates to be covered immediately before installing carpet tile. INSTALLATION -CARPET TILE Comply with CRI's "CRI Carpet Installation Standard" and carpet manufacturer's written installation instructions for the following: Installation Method: 1. Glue down for Slab-on-grade; install every tile with full-spread, releasable, pressure sensitive adhesive. C. Maintain dye lot integrity. Do not mix dye lots in same area. Contract No. 4738 Carlsbad Senior Center Renovation Construction Documents D. Cut and fit carpet tile to butt tightly to vertical surfaces, permanent fixtures, and built-in furniture including cabinets, pipes, outlets, edgings, thresholds, and nosings. Bind or seal cut edges as recommended by carpet tile manufacturer. E. Extend carpet tile into toe spaces, door reveals, closets, open-bottomed obstructions, removable flanges, alcoves, and similar openings. F. Maintain reference markers, holes, and openings that are in place or marked for future cutting by repeating on finish flooring as marked on subfloor. Use nonpermanent, nonstaining marking device. G. Install pattern parallel to walls and borders. H. Stagger joints of carpet tiles so carpet tile grid is offset from access flooring panel grid. Do not fill seams of access flooring panels with carpet adhesive; keep seams free of adhesive. 3.4 INSTALLATION -SHEET CARPET A. Comply with CRI's "CRI Carpet Installation Standard" and carpet manufacturer's written installation instructions for the following: 1. Direct-glue-down installation. 2. Stair installation. B. Comply with carpet manufacturer's written instructions and Shop Drawings for seam locations and direction of carpet; maintain uniformity of carpet direction and lay of pile. At doorways, center seams under the door in closed position. C. Install as indicated on Drawings. D. Install borders with mitered comer seams. E. Do not bridge building expansion joints with carpet. F. Cut and fit carpet to butt tightly to vertical surfaces, permanent fixtures, and built-in furniture including cabinets, pipes, outlets, edgings, thresholds, and nosings. Bind or seal cut edges as recommended by carpet manufacturer. G. Extend carpet into toe spaces, door reveals, closets, open-bottomed obstructions, removable flanges, alcoves, and similar openings. H. Maintain reference markers, holes, and openings that are in place or marked for future cutting by repeating on carpet as marked on subfloor. Use nonpermanent, nonstaining marking device. 3.5 CLEANING AND PROTECTION A. Perform the following operations immediately after installing carpet tile: Contract No. 4738 Carlsbad Senior Center Renovation Construction Documents 1. Remove excess adhesive, seam sealer, and other surface blemishes using cleaner recommended by carpet tile manufacturer. 2. Remove yams that protrude from carpet tile surface. 3. Vacuum carpet tile using commercial machine with face-beater element. B. Protect installed carpet tile to comply with CRI 104, Section 16, "Protecting Indoor Installations." C. Protect carpet tile against damage from construction operations and placement of equipment and fixtures during the remainder of construction period. Use protection methods indicated or recommended in writing by carpet tile manufacturer. END OF SECTION 096813 Contract No. 4738