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Home My WebLink AboutGould Building Contractors Inc; 2007-04-19; PWS07-18PKSRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2007-0499635 JUL 26, 2007 8:05 AM OFFICIAL RE CO FIDS SAN DIE GO COUNTY RECORDER'S OFFICE G Fl E G DRY J. S MIT H. CO U N T Y R E CO R D E R FEES 0.00 F'AGES: ^ Space above this line for Recorder's use. PARCEL NO: 2051112700 NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on June 25, 2007. 6. The name of the contractor for such work or improvement is Gould Building Contractors Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Holiday Park Gazebo Renovations, Agreement Number PKS 07-03, 8. The street address of said property is 3225 Eureka PI, Carlsbad, California 92008. CITYDF CARLSBAD Greg Clavier Public Works Manager VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on 6\ltJLLir I Ll , 200^7 . accepted the above described work as completed and ordered that ayNotice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on CXuJLc^, l°l 2007. at Carlsbad, California. CITY OF CARLSBAD L&RRAINB M. WOOD City r1-' w ^ Word\Masters\Forms\Notice of Completion (City)3/9/98 CITY OF CARLSBAD ACCEPTANCE OF PUBLIC IMPROVEMENTS COMPLETION OF PUBLIC IMPROVEMENTS The contractor has constructed the improvements required for the Holiday Park Gazebo Renovations, PKS 07-03 and has requested that the City of Carlsbad accept the public improvements. City forces have inspected the public improvements and found them to be satisfactory. The public improvements consist of: IMPROVEMENTS VALUE Renovations of the Holiday Park Gazebo including $35,865.00 new PTP, various support beams and a new roof. PUBLIC WORKS DIRECTOR CERTIFICATION OF COMPLETION OF IMPROVEMENTS Glenn Pruim, Public Works Director Date CITY MANAGER'S ACCEPTANCE OF PUBLIC IMPROVEMENTS The construction of the above-described public improvements is deemed complete and hereby accepted. The City Clerk is hereby authorized to record the Notice of Completion and release the bonds in accordance with State Law and City Ordinances. The City of Carlsbad is hereby directed to commence maintaining the above-described improvements. raYMOND R. PATCHETT, City Manager Date APPROVED AS TO FORM: Ronald R. Ball, City Attorney o*- Word\Masters\Forms\Acceptance of Public Improvements (City) 3/9/98 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS FOR HOLIDAY PARK GAZEBO RENOVATIONS CONTRACT NO. PKS 07-03 BID NO. PWS07-18PKS A'•Revised 10/08/03 Contract No PKS 07-03 Page 1 of 57 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 5 Contractor's Proposal 9 Bid Security Form 13 Bidder's Bond To Accompany Proposal 14 Guide For Completing The "Designation Of Subcontractors" Form 16 Designation Of Subcontractor and Amount Of Subcontractor's Bid Items 18 Bidder's Statement Of Financial Responsibility 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 Of Re Debarment 22 Bidder's Disclosure Of Discipline Record 23 Non-Collusion Affidavit 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 Surety Deposits In Lieu Of Retention 36 Revised 10/08/03 Contract No. PKS 07-03 Page 2 of 57 Pages SUPPLEMENTAL PROVISIONS Parti General Provisions Section 1 Terms, Definitions Abbreviations And Symbols 1-1 Terms 39 1-2 Definitions 39 1-3 Abbreviations 40 Section 2 Scope And Control Of The Work 2-3 Subcontracts 41 2-4 Contract Bonds 41 2-5 Plans And Specifications 42 2-10 Authority Of Board And Engineer 43 Section 3 Changes In Work 3-2 Changes Initiated by the Agency 44 3-3 Extra Work 44 3-4 Changed Conditions 45 3-5 Disputed Work 45 Section 4 Control Of Materials 4-1 Materials And Workmanship 48 4-2 Materials Transportation, Handling and Storage 49 Section 5 Utilities 5-1 Location 49 5-4 Relocation 49 Section 6 Prosecution, Progress And Acceptance Of The Work 6-1 Construction Schedule And Commencement Of Work 50 6-2 Prosecution Of Work 50 6-6 Delays And Extensions Of Time 50 6-7 Time of Completion 51 6-8 Completion And Acceptance 51 6-9 Liquidated Damages 51 Section 7 Responsibilities Of The Contractor 7-3 Liability Insurance 52 7-4 Workers'Compensation Insurance 52 7-5 Permits 52 7-7 Cooperation and Collateral Work 52 7-8 Project Site Maintenance 52 7-10 Public Convenience And Safety 53 7-13 Laws To Be Observed 54 Section 8 Facilities For Agency Personnel 8-2 Field Office Facilities 54 Section 9 Measurement and Payment 9-1 Measurement Of Quantities For Unit Price Work 55 9-3 Payment 55 Revised 10/08/03 Contract No. PKS 07-03 Page 3 of 57 Pages Part 2 Construction Materials Section 213 Engineering Fabrics 213-3 Erosion Control Specialties 57 PART 3 Construction Methods Section 306 Underground Conduit Construction 306-5 Abandonment Of Conduits And Structures 57 Revised 10/08/03 Contract No PKS 07-03 Page 4 of 57 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS UNTIL 2:00 PM ON APRIL 3, 2007, 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 Renovations of the Holiday Park Gazebo HOLIDAY PARK GAZEBO RENOVATIONS CONTRACT NO. PKS 07-03 BID NO. PWS07-18PKS This bid and the terms of the Contract Documents and Supplemental 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 The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the General Services Department The specifications for the work include the Standard Specifications for Public Works Construction, 2006 Edition, and the 2007 supplements thereto, all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract Reference is hereby made to the plans and specifications for full particulars and description of the work The City of Carlsbad encourages the participation of minority and women-owned businesses The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer 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 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 documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are Revised 10/08/03 Contract No PKS 07-03 Page S& 57 Pages 1 Contractor's Proposal 7 Acknowledgement of Addendum(a) 2 Bidder's Bond 8 Certificate of Insurance The riders covering the 3 Non-Collusion Affidavit City, its officials, employees and volunteers may 4 Designation of Subcontractors be omitted at the time of bid submittal but shall and Amount of Subcontractor Bid be provided by the Bidder prior to award of this 5 Bidder's Statement of Financial Responsibility contract 6 Bidder's Statement of Technical Ability and 9 Bidder' s Statement Re Debarment Experience 10 Bidder's Disclosure Of Discipline Record 11 Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) 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 Forty Two Thousand Dollars ($42,000) 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 involve federal funds The following classifications are acceptable for this contract B General Building Contractors If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% 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 Sets of plans, 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 twenty-five dollars ($25 00) per set If plans and specifications are to be mailed, the cost for postage should be added 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. The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773 1 of the Labor Code Pursuant to section 1773 2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers Revised 10/08/03 Contract No. PKS 07-03 Page £ of 57 Pages 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 41 07 and 41 07 5 The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work A pre-bid meeting and tour of the project site will not be held All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder In case of a discrepancy between words and figures, the words shall prevail In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor 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 *Note to bidders: The City of Carlsbad has designated specific dates for construction of this project. Construction dates shall be May 14, 2007 through June 15, 2007. Bidders are advised that there is a $500 per day penalty for each calendar day that work is not completed after June 15, 2007. Bidders are advised that this penalty is in addition to any deductions for liquidated damages. 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- 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000) 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000) 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000) 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 Supplemental Provisions section of this contract All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond The bonds are to be accompanied by the following documents 1 ) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements Revised 10/08/03 Contract No PKS 07-03 Page/- of 57 Pages 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- V 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 The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner 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 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 February 15, 2007 Sheila(Cobian, Deputy City Clerk Revised 10/08/03 Contract No PKS 07-03 Page $tf 57 Pages CITY OF CARLSBAD HOLIDAY PARK GAZEBO RENOVATIONS CONTRACT NO. PKS 07-03 CONTRACTOR'S City Council (. City of Carlsbad nTrts CU~UATIIDC 1200 Carlsbad Village Drive DATE SIGNATURE 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, Supplemental Provisions 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. PKS 07-03 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit. SCHEDULE "A" RENOVATION OF HOLIDAY PARK GAZEBO Approximate Item Quantity Unit No Description and Unit Price Total A-1 Renovation of Holiday Park LS $ ~~ $ Gazebo Dollars (Lump Sum) J?Total amount of bid in words for Schedule "A" Total amount of bid in numbers for Schedule "A": $ The basis of award will be the sum of Schedule "A". Pnce(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). _ Cy _ 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. Revised 10/08/03 Contract No. PKS 07-03 Page 9 of 57 Pages 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 73-9 W-tZ , classification & which expires on / / - 3O ' Z.QQ E 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 non-responsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 20104. 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 work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is /gOA/yC? (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 commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of 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 CONTRACTOR SIGN HERE: (1) Name under which business is conducted /* (2) Signature (given and surname) of proprietor (3) Place of Business (Street and Number) City and State / (4) Zip Code ^/"Telephone No. (5) E-Mail Revised 10/08/03 Contract No. PKS 07-03 Page 10 of 57 Pages 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 City and State (4) Zip Code (5) E-Mail X (Street and Number) Telephone No. IF A CORPORATION. SIGN HERE. (1) Name under which business is conducted (2).b/ (Signature) (Title) n . _/. AI c. ^—< ^^j* ». "3f i>; Impress Corporate Seal' -~ "- "y» ', , . VW/g Lg f^ Street and Number) (3) Incorporated under the laws of the State of < (4) Place of Business 3/614 Vg-//&~ City and State (5) Zip Code (6) E-Mail Qfeul<X 0^2.1 / *Pn 4a #o/ 26V2.Telephone No. Q H7 I ~ Revised 10/08/03 Contract No. PKS 07-03 Page 11 of 57 Pages State of California County of Sfl " ACKNOWLEDGMENT On ^VfttCft So (2067 before me, personally appeared ^(VOlt) £\ >"T^u ssu (here insert name and titfe of the officer) Qouv-fr personally known to me (or 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 WITNESS my hand and official seal. Signature i N. I.TRUSSO ICOMM #1610260 NOTARY PUBLIC • CALIFORNIA SAN DIEGO COUNTY (Seal) License Detail Page 1 of2 Tuesday, April .03, 200B Welcome to California License Detail Contractor License # 729445 CALIFORNIA CONTRACTORS STATE LICENSE BOARD DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: •CSL B complaint disclosure is restricted by law (B&P 7124 6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. •P er B&P 7071 17. only construction related civil judgments reported to the CSLB are disclosed. •A rbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. •Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. * * * Extract Date1 04/03/2007 Business Information * * * GOULD BUILDING CONTRACTORS INC PO BOX 1115 VALLEY CENTER, CA 92082 Business Phone Number: (760) 471-0421 Entity Corporation Issue Date 11/08/1996 Expire Date. 11/30/2008 * * *License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications Class Description ! ,B~ GENERArBUILDTNG CONTRACTOR C33 PAINTING AND "DECORATING"" "~ httpV/www2.cslbca.gov/CSLB_LIBRARY/License+Detail.asp 04/03/2007 License Detail Page 2 of2 * * *Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond .number 21613 in the amount of $12,500 with the-bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date 01/01/2007 - Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL(I): The Responsible Managing Officer (RMO) DAVID ALDRICH GOULD certified that he/she owns 10 percent or more of the voting stock/equity of the corporation A bond of qualifying individual is not required Effective Date: 11 /08/1996 * * *Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number- 046-0012221 Effective Date: 09/13/2002 Expire Date: 08/01/2007 Workers Compensation History a Personnel List ILicense Request Number IContractor Name Request ^Salesperson Request IPersonnel Name Request ISalesperson Name Request © 2006 State of California Conditions of Use Privacy Polic http-//www2 cslb ca.gov/CSLB_LIBRARY/License+Detail asp 04/03/2007 NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED List below names of president, vice president, secretary aj: partnership, list names of all general partners, and manac nt secretary, if a corporation, if a Revised 10/08/03 Contract No. PKS 07-03 Page 12 of 57 Pages BID SECURITY FORM (Check to Accompany Bid) HOLIDAY PARK GAZEBO RENOVATIONS CONTRACT NO. PKS 07-03 (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of dollars ($ ), 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 10/08/03 Contract No PKS 07-03 Page 13 of 57 Pages BIDDER'S BOND TO ACCOMPANY PROPOSAL HOLIDAY PARK GAZEBO RENOVATIONS CONTRACT NO. PKS 07-03 KNOW ALL PERSONS BY THESE PRESENTS:Contractors Bonding and That we, Gould Building Contractors, Inc.. as Principal, and Insurance Company as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount ^isdfollows: (must be at least ten percent (10%) of the bid amount)(io%) ten percent of amount "Tor 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: HOLIDAY PARK GAZEBO RENOVATIONS CONTRACT NO. PKS 07-03 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. Reused 10/08/03 Contract No. PKS 07-03 " Page 14 of 57 Pages 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. Executed by PRINCIPAL this 30th PRINCIPX day of March , 20£2 Executed by SURETY this 30th of March _ j 20°7 day (print n^ime here) f/GoJJ! (Title and, Organization of Signatory) (print name here) / (/ /7 ///,//J u i, ,!#, SURETY: Contractors Bonding and Insurance Company (name of Surety) 111 Pacifica #350 Irvine, CA 92618 (address of Surety) 949-341-9110 (telephone number of Surety) By:_ (title and orgajiization of signatory) (signature of/^ttorney-in-Fact) Anne Wright (printed name of Attorney-in-Fact)_; .(Attach corporate resolution showing current power of attorney.) - .--•"" (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney Revised 10/08/03 Contract No. PKS O7-03 Page 15of 57 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeare Name and Title of Officer (e g , "Jane^Qoe, Wtary Public"} c^^X^WA^ux Name(s) of Signer(s) M.GUTIERREZ Commission # 1690095 Notary Public • California San Diego County My Comm. Expires Sep 24,201 Place Notary Seal Above D personally known to me ^.(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) iX^jsubscnbed to the within instrument and acknowledged to me that he/she/trfey^executed the same in4Hs/ber^fiei?^uthorized capacity(ies), and that byH5HsA©f$fiij£)Signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Document Date •ocument HoVjtxJ! ow i-* 3-3^.0-^ han Named Above '-Jc&fcWa:l o v-00 iX-e/v-vo o c— -A>- ±t PArr Number of Pages >^>; C^njL/TftX.x'°y^ Capacity(ies) Claimed by Signer(s) Signer's Name D Individual D Corporate Officer — Title(s) D Partner — n Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name D Individual D Corporate Officer — Title(s) D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2006 National Notary Association 9350 De Soto Ave , PO Box 2402 • Chatsworth, CA 91313-2402 Item No 5907 Reorder Call Toll-Free 1-800-876-6827 ACKNOWLEDGMENT State of California County of San Diego On March 30, 2007 before me, N.I. Trusso, Notary Public (here insert name and title of the officer) ,, . Anne Wrightpersonally appeared _ personally known to me (or 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 WITNESS my hand and official seal Signature (Seal) BONDS^M SBebic LIMITED POWER OF ATTORNEY INSUKANCE Not Valid for Bonds Executed On or After:DECEMBER 31 ST, 2007 Power of Attorney Number:119742 Only an unaltered original of this Power of Attorney document is valid A valid original of this document is printed on gra> security paper with black and red ink and bears the seal of Contractors Bonding and Insurance Company (the "Company') The original document contains a watermark with the letters ' cbic" embedded in the paper rather than printed upon it The watermark appears in the blank space beneath the words "Limited Power of Attorney" at the top of the document and is visible when the document is held to the light This document is valid solely in connection with the execution and delivery of the bond bearing the number indicated below, and provided also that the bond is of the type indicated below This document is valid only if the bond is executed on or before the date indicated above KNOW ALL MEN BY THESE PRESENTS, that the Company does hereby make, constitute and appoint the following: SIOUX MONYON, ANNE WRIGHT, CYNDI BARNETT and LAURA EHRLICH its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver on behalf of the Company: (1) any and all bonds and undertakings of suretyship given for any purpose, provided, however, that no such person shall be authorized to execute and deliver any bond or undertaking that shall obligate the Company for any portion of the penal sum thereof in excess of $10,000,000, and provided, further, that no Attorney-in-Fact shall have the authority to issue a bid or proposal bond for any project where, if a contract is awarded, any bond or undertaking would be required with penal sum in excess of $10,000,000; and (2) consents, releases and other similar documents required by an obligee under a contract bonded by the Company. This appointment is made under the authority of the Board of Directors of the Company. CERTIFICATE I, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked, and, futhermore, that the resolutions of the Board of Directors set forth on the reverse are now in full force and effect Bond Number Bid Bond Signed and sealed this_30th . day of March 2007 R KirkFland Secretary CBIC • 1213 Valley Street • PO Box 9271 • Seattle, W\ 98109-0271 (206) 622-7053 • (800) 765-CBIC (Toll Free) • (800) 950-1558 (FAX) PoaLPOA07-US051I04 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 SSPWC ("Greenbook") and in the Supplemental Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental 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 reiection 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 preformed by forces other than the Bidder's own organization will be reiected 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 subcontractors) 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 reiection 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 Supplemental Provisions. The decision of the City Council shall be final Revised 10/08/03 Contract No. PKS 07-03 Page 16 of 57 Pages 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 10/08/03 Contract No. PKS 07-03 Page 17 of 57 Pages 84/04/2807 10:45 17687497475 fiPR-04-2007 10=00 ALLISTATE PAGE 01 750 431 5769 P.02/03 - DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS HOLIDAY PARK GAZEBO RENOVATIONS CONTRACT NO. PKS 07-03 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 fist 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 Portion of Work* £00 /^//v^ pLFCLrAtCAL. f Subcontractor Namfi and ' ' -i' Location of Business ^fc/J^Uft J£ft*.tiwc!tiitt et.lLjL.VA )r VJU. CaJKt.- C*. Ke. Efec&'^_ Ao . tfav / 3d 2~ i4&- C*^£l <2*4 9 20 re! Subcontractor License Number and Classification 77^ 6,7,.? c -t*y 73U17 C'/O Amount of Work by Subcontractor in Dollars* & £, 5"Oo,oe» 6 tt-5fS.oo Page.pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contact Code, receipt Of the fntonnsrtton pfseeded by an asterisk may be submitted by (he Bidder up to 24 houis after the dagfllins for submitting bids contained In Die "Notice InvlHns Bids," Revised 10/08/03 Contract No. PKS 07-03 Page 13 of 57 Pages BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) HOLIDAY PARK GAZEBO RENOVATIONS CONTRACT NO. PKS 07-03 Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. Revised 10/08/03 Contract No. PKS 07-03 Page 19 of 57 Pages 2 27 PM 03/29/07 Accrual Basis GOULD BUILDING CONTRACTORS, INC. Profit & LOSS July 2005 through June 2006 Jul '05 - Jun 06 Ordinary Income/Expense Income 4060 Construction Total Income Cost of Goods Sold 5000 Cost of Goods Sold 5100 • Direct Labor - Payroll 5150 Direct Labor, Temporary 5200 Job Materials 5210 Building Materials 5215 Carpet 5218 Drywall 5220 Flooring 5225 Hardware 5230 Home Depot 5240 Insulation 5250 Lowes 5260 Lumber 5270 Paint 5200 Job Materials - Other Total 5200 Job Materials 5400 Equipment Rental 5700 Subcontractors 5715 Cleaning 5705 Carpenter 5710 Ceiling 5725 Counters 5728 Doors 5730 Drywall 5740 Electric 5748 Flooring 5762 Painting 5765 Plumbing 5780 Welding 5785 Windows Total 5700 Subcontractors 5900 Waste Management Total 5000 Cost of Goods Sold Total COGS Gross Profit Expense 6035 Advertising Cost 6050 Automobile Expense 6051 Repairs 6052 Fuel 6055 Lease Total 6050 Automobile Expense 6120 Bank Service Charges 6145 Cleaning 6150 Depreciation Expense 6155 Donation 6156 Tax Deductible Total 6155 Donation 6160 Dues and Subscriptions 6162 Education & Training 6168 Gifts 418,41775 418,41775 61,50769 35000 30,350 12 4,698 50 3,779 41 21,32000 16 16 14,005 24 9935 567 5,41862 8,057 06 8,99215 96,742 28 19776 24000 4,295 00 3,365 00 3,800 00 13,95613 2,095 00 3,924 35 23,333 00 2,225 00 26,902 27 75000 7,99881 92,884 56 241 25 251,92354 251,92354 166,49421 7900 3,594 47 8,19797 8,19444 19,98688 1600 72700 1,77500 11778 11778 91962 36870 491 04 Page 1 227PM 03/29/07 Accrual Basis GOULD BUILDING CONTRACTORS, INC. Profit & Loss July 2005 through June 2006 Jul '05 - Jun 06 6180 Insurance 6185 Liability Insurance 6195 Auto 6420 WorkComp Total 6180 • Insurance 6200 Interest Expense 6225 Late Charges 6230 Licenses and Permits 6236 Medical or Dental Expenses 6245 Office Supplies 6250 Payroll Expenses 6256 Paid Time off 6251 Officer Compensation 6253 6561 Payroll Service Payroll Taxes Total 6250 Payroll Expenses 6255 Postage and Delivery 6260 Printing and Reproduction 6270 Professional Fees 6275 Legal Expense 6271 Accounting 6274 Bookkeeping Total 6270 Professional Fees 6290 Rent 6300 Repairs 6302 Building Repairs Total 6300 Repairs 6310 • Shop Materials 6320 Tools 6340 Telephone 6342 • Cell Phones 6343 • Internet 6340 Telephone - Other Total 6340 Telephone 6350 Travel & Ent 6360 • Entertainment 6370 Meals 6380 Travel Total 6350 Travel & Ent 6390 Utilities 6392 Gas and Electric Total 6390 Utilities 6820 Taxes 6830 Federal 6860 State Total 6820 Taxes Total Expense Net Ordinary Income 4,424 64 1,61603 10,85797 16,89864 56472 3900 4,064 72 1,99840 3,273 26 96000 70,800 00 24675 11,32499 83,331 74 34783 7513 1,21400 3,486 25 6,842 50 11,54275 5,922 00 11 82 11 82 97552 38860 3,883 23 38271 64626 4,91220 1,32098 1,90399 4,875 50 8,10047 41 56 41 56 5,850 00 2,21200 8,062 00 175,031 38 -8,537 17 Page 2 2 27 PM GOULD BUILDING CONTRACTORS, INC. 03/29/07 Profit & LOSS Accrual Basis July 2005 through June 2006 Jul '05 - Jun 06 Other Income/Expense Other Income 7010 Interest Income 904 7030 Other Income 181 00 Total Other Income 190 04 Net Other Income 190 04 Net Income -8,34713 Page 3 i2 28 pM GOULD BUILDING CONTRACTORS, INC. 03/29/07 Balance Sheet Accrual Basis . As of June 30,2006 Jun 30, 06 ASSETS Current Assets Checking/Savings California Bank & Trust Checkm 6,487 28 California Bank & Trust Savings 46 17 Total Checking/Savings 6,533 45 Accounts Receivable 1200 Accounts Receivable 10,58608 Total Accounts Receivable 10,586 08 Other Current Assets 1500 Due from Shareholder 24,951 31 Total Other Current Assets 24,951 31 Total Current Assets 42,070 84 Fixed Assets 1700 Accumulated Depreciation -19,23900 1600 Fixed Assets Auto/Transport Equip 1999 Ford Truck 26,601 00 Total Auto/Transport Equip 26,601 00 Machinery/Equip Computed 776 00 Copier 551 00 Total Machinery/Equip 1,32700 Total 1600 Fixed Assets 27,928 00 Total Fixed Assets 8,689 00 TOTAL ASSETS 50,759 84 LIABILITIES & EQUITY Liabilities Current Liabilities Accounts Payable 2000 Accounts Payable 6,005 71 Total Accounts Payable 6,005 71 Credit Cards 2050 Citibank Platinum AAdvant 4625 3,51264 2070 Home Depot Credit -Ricardo 2938 -199 95 Total Credit Cards 3,312 69 Other Current Liabilities 2100 Payroll Liabilities 21 57 Total Other Current Liabilities 21 57 Total Current Liabilities 9,339 97 Total Liabilities 9,339 97 Equity 2500 Common Stock 10,00000 1110 Retained Earnings 39,76700 Net Income -8,34713 Total Equity 41,41987 TOTAL LIABILITIES & EQUITY 50,759 84 Page 1 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) HOLIDAY PARK GAZEBO RENOVATIONS CONTRACT NO. PKS 07-03 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 Contract Completed Name and Address of the Employer Name and Phone No. of Person to Contract Type of Work Amount of Contract T C&tls M £ 760) C i.J (~&^ti i 1*1 SI •JL^. 321/6-7 T^HI*- 1 2.ao J, K)«ixX k~ "7—£-*%000. il cl+A<JocA.<: /a«/6?C /TcT aJ- Revised 10/08/03 Contract No. PKS 07-03 Page 20 of 57 Pages BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) HOLIDAY PARK GAZEBO RENOVATIONS CONTRACT NO. PKS 07-03 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 1 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, the Standard Specifications for Public Works Construction and the Supplemental 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. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner Revised 10/08/03 Contract No PKS 07-03 Page 21 of 57 Pages B5/08/2007 08:46 6194G24536 ASPEN INS PAGE 01 ACORD CERTIFICATE OF LIABI PRODUCER Phone1 (619)160-.12')0 Fax, (619HB5M536 ASPEN INSURANCE BROKERS, INC. 422 SOUTH PIERCE STREET EL CAJON CA 92020^.129 Auoncy Lie*. OD60B34 INSURED GOULD BUILDING CONTRACTORS, JNC P.O. BOX 11 15 VALLEY CENTER CA 92082 LITY INSURANCE ""SET' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A NIC INSURANCE COMPANY INSURER B Allstate Insurance Company INSURER C. INSURER D: INSURER E' NAIC# COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, tNSR LTR A I ADDLDttft: VES TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIA8 ILITY , j CLAIMS MADE |~X~] OCCUR GENt AGGREGATE LIMIT APPLIES PER,riri POLICY n JERCT nwc AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUT03 OARAGE LIABILITY ANY AUTO JXCESS/ UMBRELLA LIABILITY _ | OCCUR ["] CLAIMS MADE DEDUCTIBLE RETENTION & WORKERS COMPENSATION AMDEMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERmXECUTOSQWICERWEMBEH EXCLUDED? IfyM, dmertbe und«rSPECIAL PROVISIONS Mow OTHER, POLICY NUMBER SF06CGLOD2725-00 04B654977 POLICYEFPBCTIVEDATE ^MOTWY) 05/19/05 04/26/07 POLICY aXPIRATIQNpAtE (MMWDftYl 05/19/07 04/25/08 LIMITS EACH OCCURRENCE DAMAGE TO ftSNTCDPREMISES <E< ODOWWI*) MED EXP (Any one person) PERSONAL SADV INJURY GENERAL AGGREGATE PRODUCTS'COMP/QP AGG COMBINED SINGLE LIMIT (Ea ac;ldenl} BODILY INJURY (Pur person) BODILY INJURY (Par nwldsnl) PROPERTY DAMAGE(PeraccWent) AUTO ONLY- EA ACCIDENT OTHER THAN AUTO ONLY, EAACC AG5 EACH OCCURRENCE AGGREGATE we STATU-TORV LlMrrs OTHER E, LEACH ACCIDENT E,L DISEASE-EA EMPLOYEE S,L DISEASE-POLICY LIMIT S 1,000,000 * 50,000 * 5,000 $ 1,000,000 S 2,000,000 3 1,000,000 $ 1,000,000 s $ I $ I 31 $ $ t s IS g s $ "DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CERTIFICATE HOLDER is ADDITIONAL INSURED PER COMPANY FORM ANF ieo 0/2003) ATTACHED. RE: HOLIDAY PARK GAZEBO RENOVATIONS 10 DAY NOTICE OF CANCELLATION APPLIES FOR NONPAYMENT OF PREMIUM, CERTIFICATE HOLDER CANCELLATION [ CITY OF CARLSBAD MUBLIC WORKS PURCHASING DEPARTMENT •k5 FARADAY AVENUEBARLSBAD, CA 92005-7314 Attention: KEVIN DAVIS FAX 760-602-8662 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30*DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILUPE" TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, IT'S AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE J * ^Marc^aplan ^^ ACORD 25 (2.001/08) Certificate # 1 831 2 ©ACORD CORPORATlOW ions THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLYA BLANKET ADDITIONAL INSURED ENDORSEMENT (EXCLUDING RESIDENTIAL AND HABITATIONAL) This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) CG 20 10 11 85 SCHEDULE Name of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this ____ policy, provided the Company is notified in writing within 30 days of the ~~ ince^tioTTbTthe cbntracfbr agreement, or the inception of this policy, ~ whichever is later WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you The following additional provisions apply to any entity that is an insured by the terms of this endorsement 1 Primary Wording If required by written contract or agreement Such insurance as is afforded by this policy shall be primary insurance, and any insurance or self-insurance maintained by the above additional msured(s) shall be excess of the insurance afforded to the named insured and shall not contribute to it 2 Waiver of Subrogation If required by written contract or agreement We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization 3 Neither the coverages provided by this insurance policy nor the provisions of this endorsement shall apply to any claim arising out of the sole negligence of any additional insured or any of their agents/employees 4 This endorsement does not apply to any work involving or related to properties intended for permanent residential or habitational occupancy The words "you" and "your" refer to the Named Insured shown in the Declarations "Your work" means work or operations performed by you or on your behalf, and materials, parts or equipment furnished in connection with such work or operations ANF 160 (9/2003) COMPENSATION INSURANCE FUND CERTHOLDERCOPY SD PO BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE 04-16-2007 GROUP 000046 POLICY NUMBER 0012221-2006 CERTIFICATE ID 34 CERTIFICATE EXPIRES 08-01-2007 08-01-2006/08-01-2007 CITY OF CARLSBAD KEVIN DAVIS 1635 FARADAY AVE CARLSBAD CA 92008-7314 SD JOB:HOLIDAY PARK GAZEBO RENOVATIONS This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy <H-^ JTHORIZED REPRESENTATIVE^ PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - DAVID GOULD P,T - EXCLUDED. ENDORSEMENT #1600 - ELIZABETH GOULD VICE PRESIDENT S - EXCLUDED mm ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 08-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER GOULD BUILDING CONTRACTORS, IPO BOX 1115'VALLEY CENTER CA 92082 INC SD IREV 2-05) [B10.SD] PRINTED : 04-16-2007 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) HOLIDAY PARK GAZEBO RENOVATIONS CONTRACT NO. PKS 07-03 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? X yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the penod(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-,\AL nae <tf£a>ntract®r By (print name/title) Page of pages of this Re Debarment form Revised 10/08/03 Contract No. PKS 07-03 Page 22 of 57 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) HOLIDAY PARK GAZEBO RENOVATIONS CONTRACT NO. PKS 07-03 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? X yes no 2) Has the suspension or revocation of your contractors license ever been stayed7 X 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 period7 yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed7 X yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor (If needed attach additional sheets to provide full disclosure.) Page / of 3~ pages of this Disclosure of Discipline form Revised 10/08/03 Contract No. PKS 07-03 Page 23 of 57 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) HOLIDAY PARK GAZEBO RENOVATIONS CONTRACT NO. PKS 07-03 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR" By: (sign here) (print name/title) Page X of <3> pages of this Disclosure of Discipline form Revised 10/08/03 Contract No. PKS 07-03 Page 24 of 57 Pages I IT NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 HOLIDAY PARK GAZEBO RENOVATIONS CONTRACT NO. PKS 07-03 State of California ) ) ss. County of ) (Name of Bidder) and says that he or she is , being first duly sworn, deposes (Title) of U-6c>(^ f&uildfiN* Ufrr*' *•&. c fc*lr ZXic. ^ame Q^ Fjm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that 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, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that 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, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of Qgrjury that the foregoing is true and correct and that this affidavit was executed on the 3QL— day of /7/t fccH , 20 <3 7 • Signature of 6idder Subscribed and sworn to before me on the _ day of , 20_ (NOTARY SEAL) Signature of Notary ACKNOWLEDGMENT State of California County of " On <\ftgOttSo,3Q6'7 before me,*m * '(here insert name and titfe of the officer) personally appeared <r~C)<\Ol'S> fi personally known to me (or 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 WITNESS my hand and official seal. Signature Vffffffff/ffffffffffffffVfffffffffffffifA S8W N I.TRUSSO Ii COMM #1610260 1 J NOTARY PUBLIC • CALIFORNIA g SAN DIEGO COUNTYCommission Expires Oct 28,2009 •*IWVffJV**ffMf*N*t (Seal) CONTRACT PUBLIC WORKS This agreement is made this / day of ^. f>g.lt_ j 2007] by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Gould Building Contractors Inc whose principal place of business is PO Box 1115 Valley Center CA 92082 (hereinafter called "Contractor") City and Contractor agree as follows 1. Description of Work. Contractor shall perform all work specified in the Contract documents for HOLIDAY PARK GAZEBO RENOVATIONS CONTRACT NO. PKS 07-03 (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, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental 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 Standard Specifications for Public Works Construction (SSPWC) 2006 Edition, and the 2007 supplement thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental 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 5. Independent Investigation. Contractor has made an independent investigation of the Revised 10/08/03 Contract No. PKS 07-03 Page 26 of 57 Pages 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 III 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. 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 Revised 10/08/03 Contract No. PKS 07-03 Page 27 of 57 Pages 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 Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein- a. Comprehensive General Liability Insurance $1,000,000 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: $1,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. 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 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 Revised 10/08/03 Contract No. PKS 07-03 Page 28 of 57 Pages 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 thirty (30) days' prior written notice has been given 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- V 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 the City Council in Resolution No. 91-403. (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 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 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. oRevised 10/08/03 Contract No. PKS 07-03 Page 29 of 57 Pages (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of.litigation or in conjunction with litigation (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years (F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3 32 026, 3.32.027 and 3 32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac- tor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. L&^ init /-t init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract Contractor shall notify the City by certified mail of any change of address of such records 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. 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. Revised 10/08/03 Contract No. PKS 07-03 Page 30 of 57 Pages 16. 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. ^JejCNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE AJ-£. ,- CONTRACTOR: iJt/uJ);* corporation of (nameo -(sign h'ere) (print name and title) (inhere) AY. E/tT_Jocjtt- CrtulS - U (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 RONALD R BALL City Attorney By Deputy City Attorney Revised 10/08/03 Contract No. PKS 07-03 Page 31 of 57 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared *E „ • • • • f ERREZ \ # 1690095 I M.GUTIERREZ Commission # 1690095 Notary Puttie - California | San Diego County f MyComm. ExplresSep24.2010y D personally known to me Kp(°r proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)'tef(ar3^subscribed to the within instrument and acknowledged to me that -fce/ske/thi^ executed the same trr+tis/heijthe'iT) authorized capacity(ies), and that by 1=fls/h«i$fjijr)signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Dppume Title or Type of Document Document Date Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name D Individual D Corporate Officer — Title(s) D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name D Individual D Corporate Officer — Title(s) D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of thumb here &#XSf<XS#>3i*3&t</SSS<f!S9&iSS^^ © 2006 National Notary Association-9350 DeSotoAve, PO Box 2402 Chatsworth, CA 91313-2402 Item No 5907 Reorder Call Toil-Free 1-800-876-6827 **Duplicate Original** ' Bond No: CE4035 x Premium Will be adjusted Premium: Included in Performance Bond <*"•£ based on final contract price LABOR AND MATERIALS BOND WHEREAS, the City of Carlsbad, State of California, has administratively awarded to GouldBuilding.Contractors Inc (hereinafter designated as the "Principal"), a Contract for. HOLIDAY PARK GAZEBO RENOVATIONS CONTRACT NO. PKS 07-03 in the City of Carlsbad, in stnct 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, Gould Building Contractors Inc , as Principal, (hereinafter designated as the "Contractor"), and Contractors Bonding and Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of Thirty Five Thousand Eight Hundred Sixty Five Dollars (335,865.00), said sum being an amount equal to' One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the Contractor or his/her subcontractors fail to pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, consistent with California Civil Code section 3181, 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 3248 This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, 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 thereunder 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. Revised 10/08/03 Contract No. PKS 07-03 Page 32 of 57 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 17th day of APri1 . 20 O7 . CONTRACTOR. Gould Contractors of Contractor) Executed by SURETY this 17th day of APri1 20 °7 . SURETY: Contractors Bonding and Insurance Company (name of Surety) 111 Pacifica #350 Irvine, CA 92618 (sign here)(address of Surety) 949-341-9110 til * (print name here) (title and organization of signatory) $4^ ephone number of Surety) of Attorney-in-Fact) Anne Wright (print name here) ... (titlejand organization of signatory) (printed name of Attorney-in-Fact) ~" -.^ -vV"^X_ (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: RONALD R. BALL City Attorney By:Ms, uty City AttorDeputy City Attorney Revised 10/08/03 Contract No. PKS O7-03 Paae 33 of 57 BONDS ^f , tfjdue LIMITED POWER OF ATTORNEY INSURANCE Not Valid for Bonds Executed On or After:DECEMBER 31ST, 2007 Power of Attorney Number:119746 READ CAREFULLY - to be used only with the bond specified herein Only an unaltered original of this Power of Attorney document is valid A valid original of this document is printed on gray secunty paper with black and red ink and bears the seal of Contractors Bonding and Insurance Company (the "Company") The original document contains a watermark with the letters **cbic" embedded in the paper rather than printed upon it The watermark appears in the blank space beneath the words "Limited Power of Attorney" at the top of the document and is visible when the document is held to the light This document is valid solely in connection with the execution and delivery of the bond bearing the number indicated;below, and provided also that the bond is of the type indicated below This document is valid only if the bond is executed "on or before the date indicated above KNOW ALL MEN^BY THESE PRESENTS, that" the Company does"hereby" make, '_ constitute and appoint the following: SIOUX MUNYON, ANNE WRIGHT, CYNDI BARNETT and LAURA EHRLICH its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place-and stead; to execute, acknowledge and deliver on behalf of the Company: (1) any and all'bonds and undertakings of suretyship given for any purpose, provided, however, that no such person shall be authorized to execute and deliver any bond or undertaking^ that shall obligate the Company for any portion of the penal sum thereof in excess of $10,000,000, and provided, further, that no Attorney-in-Fact" shall have the authority to issue a bid or proposal bond for any project where, if a. contract is awarded, any bond or undertaking would be required with penal sum in excess of $10,000,000; and (2) consents, releases and other similar documents required by an obligee under a contract bonded by the Company, This appointment is made* under the authority'of the Board of Directors of the Company.,- ,' - : .- CERTIFICATE ' , •- ., I, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains m full force and effect and has not been revoked, and, futhermore^that the resolutions of the Board of'Directors set forth on the reverse are now in full,force and effect * ,, ' , Bond Number 'CE4035 Signed and sealed this 17th dav.of 2007 ' R Kirk Eland, Secretary CBIC * 1213 Valley Street » PO. Box 9271 • Seattle, WA98109-0271 (206) 622-7053 * (800) 765-CBIC (Toll Free) • (800) 950-1558 (FAX) • PoaLPOA07-US05I104' ACKNOWLEDGMENT State of California County of San Diego April 17, 2007 before me. N.I. Trusso, Notary Public _(here insert name and title of the officer) personally appeared.Anne Wright personally known to me (or 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 WITNESS my hand and official seal. Signature CA V AlMM^ N I TRUSSO | COMM #1610260 * NOTARY PUBLIC • CALIFORNIA § SAN DIEGO COUNTY ^Commission Expires Oct 28, 2009 JWWVWMMM/VUWbMAA/VWVWUWUVM (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. On M 'before O me. HO . personally appeared Date -^ ,. Name and Title ofyOfficer (e g , "Ja^e Dqei Notary Public"} ^>o^ ft. ^.oxjU/ V Name(s) of Signer(s) _ • • 1— f M.GUTIERREZ k <t 1690095 ICommission #1690095 Notary Public - California San Diego County MvComm. ExflresSep 24^ D personally known to me or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s-)-tSi^^subscribed to the within instrument and acknowledged to me that •be&he/fQey^executed the same irrhiatoer/tGfiiX authorized capacity(ies), and that by-hiafoer.AJTij!>signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document d^ Q £) <5"X -^ (] <, Jl) tTV^-eJx Document Date i ~^V \ - O \Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name D Individual O Corporate Officer — Title(s) D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name D Individual D Corporate Officer — Title(s) D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2006 National Notary Association -9350 De Soto Ave , PO Box 2402 • Chatsworth, CA 91313-2402 Item No 5907 Reorder Call Toil-Free 1-800-876-6827 ... ,_ j- * A Bond No: CE4035 , **Duplicate Original** Premium Will DC adjusted premium: $717.00 ^ based on final contract price FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City of Carlsbad, State of California, has administratively awarded to GouldBuildinq Contractors Inc. (hereinafter designated as the "Principal"), a Contract for. HOLIDAY PARK GAZEBO RENOVATIONS CONTRACT NO. PKS 07-03 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, Gould Building Contractors Inc , as Principal, (hereinafter designated as the "Contractor"), and Contractors Bonding and Insurance Company as Surety, are held firmly bound unto the City of Carlsbad in the sum of Thirty Five Thousand Eight Hundred Sixty Five Dollars ($35,865 00), said sum being an amount equal to- One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounc'en 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 therefor, 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 thereunder 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. Revised 10/08/03 Contract No. PKS 07-03 Paae 34 of 57 Paqes 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 17 th day of April . 20 °7 . CONTRACTOR: Gould Building Contractors, Inc. (print name here) (Title and Organization of Signatory) By^ (print name here) [/. P*. C-o JX $ . day ofExecuted by SURETY this 17th April ^ 2Q 07 SURETY: Contractors Bonding and Insurance Company (name of Surety) 111 Pacifica #350 Irvine, CA 92618 (address of Surety) 949-341-9110 (telephone number of Surety) By:_ (s'ignaturelof Attomey-in-Fact) Anne Wright (printed name of Attomey-in-Fact) (Attach corporate resolution showing current power of attorney.) (Title and] Organization of signatory)T (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: RONALD R. BALL City Attorney Depu Revised 10/08/03 Contract No. PKS 07-O3 Pane IK nt LIMITED POWER OF ATTORNEY INSURANCE Not Valid for Bonds Executed On or After: Power of Attorney DECEMBER 31ST, 2007 Number:119747 READ CAREFULLY - to be used only with the bond specified herein Only an unaltered,ongmal of this Power of Attorney document'is valid A:valid original of this document is printed on gray security paper with black and red ink and bears the seal of Contractors Bonding and Insurance Company (the "Company") The original document contains a watermark with the letters "cbic" embedded'in the paper rather than printed upon it The watermark appears in the blank space beneath the words "Limited Power of Attorney" at the top of the document and~is visible when the document is held to the light This document is valid solely in connection with the execution and delivery of the bond bearing the number indicated below, and provided also that the bond is ,of the type indicated below This document is valid only if the bond is executed on or before the date indicated above ' , " 'KNOW ALL MEN BY THESE PRESENTS, that the Company does hereby"make," constitute and appoint the following: SIOUX MUNYON, ANNE WRIGHT, CYNDI BARNETT and LAURA EHRLICH its true and lawful 'Attorney(s)-in-Fact, with'full power and authority hereby conferred in it's name, place and' stead, to execute, .acknowledge and deliver on behalf of the Company: (1) any and all bonds and undertakings of suretyship given for any purpose, provided, however, that no such person shall be authorized to execute and deliver any,bond or undertaking that, shall * /' obligate ,the Company for any portion of the penal sum thereof in excess of " $10,'000,000, and provided, further, that no Attorney-in-Fact shall have the authority to' issue a bid or proposal! bond for any project where, i'f a contract" is awarded, any bond or undertaking would be required with penal sum in excess of $10,000,000; and (2) consents, releases and other similar documents required by an obligee under a contract bonded by the Company, This appointment is made under the authority of the Board of Directors of the Company.^- - ' " , • , ". CERTIFICATED - \- _ , - I, the undersigned secretary of Contractors Bonding and Insurance'Company,, a Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains m full force and effect and has not been revokedi.and, futhermore, that the resolutions of the Board of Directors set forth on the reverse are now in full force .and effect. , - Bond Number CE4035 Signed and sealed this '"2007 1 • , R Kirk Eland, Secretary CBIC • 1*213 Valley Street « PO Box 9271 • Seattle, WA 98109-0271 (206) 622-7053 • (800) 765-CBIC (Toll Free) * (800) 950-1558 (FAX) PoaLPOA 07-US051104 ' ACKNOWLEDGMENT State of California County of San Diego April 17, 2007 before me. N.I. Trusso, Notary Public ._ — (here insert name and title of the officer) personally appeared Anne Wri3ht personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), the entity upon behalf of which the person(s) acted, executed the instrumentor WITNESS my hand and official seal. Signature N I TRUSSO , COMM #1610260 ^\ NOTARY PUBLIC • CALIFORNIA g SAN DIEGO COUNTYCommission Expires Oct 28, 2009fffffffffffffffffffffffffffffffffff (Seal) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On > —-(.A - Date personally appeared YY^\ M. GUTIERREZ Commission # 1690095 Notoiv P"*5"0 • Callfomlo San Diego County MvComm. Expires Sep24.20U D personally known to me i$C(o( proved to me on the basis of satisfactory evidence) »>*^ to be the person(s) whose name(s) is^rgsubscnbed to the within instrument and acknowledged to me that -he/9he/ftfly)executed the same irrht9/bef/tfifir)authonzed capacity(ies), and that by hts/her/fhefr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document ^" Document Date S «H/M\ Number of Pages Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name D Individual D Corporate Officer — Title(s) D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name D Individual D Corporate Officer — Title(s) D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other Signer Is Representing RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2006 National Notary Association • 9350 De Soto Ave , PO Box 2402 Chatsworth, CA 91313-2402 Item No 5907 Reorder Call Toil-Free 1-800-876-6827 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 sections 22300 and 10263 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 HOLIDAY PARK GAZEBO RENOVATIONS CONTRACT NO. PKS 07-03 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 Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. 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. Revised 10/08/03 Contract No. PKS 07-03 Page 36 of 57 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 FINANCE DIRECTOR Name Signature Address _ 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 10/08/03 Contract No. PKS 07-03 Page 37 of 57 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City Title Name Signature Address MAYOR For Contractor: Title Name Signature Address For Escrow Agent Title Name Signature Address Revised 10/08/03 Contract No. PKS 07-03 Page 38 of 57 Pages SUPPLEMENTAL PROVISIONS FOR HOLIDAY PARK GAZEBO RENOVATIONS CONTRACT NO. PKS 07-03 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 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. Add the following section: 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 Add the following section: 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. Add the following section: 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. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency - the City of Carlsbad, California. Revised 10/08/03 Contract No. PKS 07-03 Page 39 of 57 Pages 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. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor The City Manager is the last appeal level for informal dispute resolution. Engineer - the Public Works Director of the City of Carlsbad or his/her approved representative The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee ^-^^ of the Agency or a public utility C J Public Works Manager - The Public Works Supervisor's immediate supervisor and second level of appeal for informal dispute resolution. Project Inspector - the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution Public Works Supervisor- the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following Abbreviation Word or Words Apts Apartment and Apartments Bldg Building band Buildings CMWD Carlsbad Municipal Water District CSSD Carlsbad Supplemental Standard Drawings cfs Cubic Feet per Second Comm Commercial DR Dimension Ratio E Electric G Gas gal Gallon and Gallons Gar Garage and Garages GNV Ground Not Visible gpm gallons per minute Revised 10/08/03 Contract No. PKS 07-03 Page 40 of 57 Pages IE Invert Elevation LCWD Leucadia County Water District MSL Mean Sea Level (see Regional Standard Drawing M-12) MTBM Microtunneling Boring Machine NCTD North County Transit Distrct OHE Overhead Electric OMWD Olivenham Municipal Water District ROW Right-of-Way S Sewer or Slope, as applicable SDNR San Diego Northern Railway SDRSD San Diego Regional Standard Drawing SFM Sewer Force Main T Telephone UE Underground Electric W Water, Wider or Width, as applicable VWD Vallecitos Water District SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: 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 to 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 City Council 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 City Council 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. 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows- Delete, "who is listed in the latest version of U.S. Department of Treasury Circular 570,". Modify paragraphs three and four to read: The Contractor shall provide a faithful perform- ance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to. 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000) 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000) 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). 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 Revised 10/08/03 Contract No. PKS 07-03 Page 41 of 57 Pages days after recordation of the Notice of Completion if all claims have been paid Add the following: 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 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 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. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 2003 Edition, and the most recent supplements thereto, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist of one (1) set The set is designated as City of Carlsbad Drawing No. 449-9 and consists eight (8) sheets. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. 2-5.2 Precedence of Contract Documents, modify as follows. 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 precedence1 1) Permits from other agencies as may be required by law 2) Supplemental Provisions. 3) Plans 4) Technical and Basic Specifications 5) Standard Plans. a) City of Carlsbad Supplemental 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) State of California Department of Transportation Standard Plans. 6) Standard Specifications for Public Works Construction 7) Reference Specifications. 8) Manufacturer's Installation Recommendations. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have Revised 10/08/03 Contract No. PKS 07-03 Page 42 of 57 Pages precedence over general plans. 2-5.3.3 Submittals, add the following 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 incorporateJd-jnto this Project, is in compliancy with the Contract Documents, can be installed in the allocatelfspales, andjs submitted By: L^ c^_ ^J Title: Date: H~ /7- Company Name C il) /?* jD ' c ~~t~ i — -7-yOt)(G/ /L> ^//^//vft v^_<r>J Ir&c.to-tLC' J N> C. Add the following: 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 therefor. 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer Revised 10/08/03 Contract No. PKS 07-03 Page 43 of 57 Pages shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be ( \ limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of ^ J Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations SECTION 3 - CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work 3-3 EXTRA WORK. 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows' 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 CALTRANS, 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. 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (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, add the following after the second sentence: 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. Revised 10/08/03 Contract No. PKS 07-03 Page 44 of 57 Pages 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following- The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the hap'penmg 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 finalestimate in order fpwHSTJe) further considered." = Title: Date- ' ' Company Name: CJ-Q <^>//j/ /Jo ,'d/i^- a The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. Add the following- 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. Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall Revised 10/08/03 Contract No. PKS 07-03 Page 45 of 57 Pages attempt to resolve all disputes informally through the following dispute resolution chain of command 1 Project Inspector 2. Public Works Supervisor-Contracts and Agreements 3 Public Works Manager-General Services 4 Public Works Director 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 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 x—-^ 20104) which is set forth below: (^ J 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 30 days of receipt of the claim, any additional documentation supporting the claim or relating to Revised 10/08/03 Contract No. PKS 07-03 Page 46 of 57 Pages 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 nonbmdmg 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) 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 Revised 10/08/03 Contract No. PKS 07-03 Page 47 of 57 Pages 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. 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. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: 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. 4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retestmg", from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental 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 and the 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 noncomphance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, add the following. 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 Revised 10/08/03 Contract No. PKS 07-03 Page 48 of 57 Pages 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 Add the following section: 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 5-1 LOCATION. Delete the first paragraph and substitute the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefor or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. Revised 10/08/03 Contract No. PKS 07-03 Page 49 of 57 Pages SECTION 6 -- PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete section 6-1 and substitute the following. 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 20 calendar days after receipt of the "Notice to Proceed". *Note to bidders: The City of Carlsbad has designated specific dates for construction of this project Construction dates shall be May 14. 2007 through June 15, 2007. Bidders are advised that there is a $500 per day penalty for each calendar day that work is not completed after June 15. 2007. Bidders are advised that this penalty is in addition to any deductions for liquidated damages. Add the following section 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the 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. Add the following section- 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media Add the following section 6-1.1 Measurement And Payment Of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefor 6-2 PROSECUTION OF WORK. 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 work includes renovation of existing gazebo located on the east side of Holiday Park, adjacent to Eureka Place. Add the following section: 6-2.3 Project Meetings. The Engineer will establish the time and location of bi-weekly Project Meetings. Each Project Meeting shall be attended by the Contractor's Representative. The Project Representative shall be the individual determined under section 7-6, "The Contractor's Representative", SSPWC 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. 6-6 DELAYS AND EXTENSIONS OF TIME. Revised 10/08/03 Contract No. PKS 07-03 Page 50 of 57 Pages 6-6.4 Written Notice and Report. Modify as follows: 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) therefor. 6-7 TIME OF COMPLETION. Add the following- The Contractor shall diligently prosecute the work to completion within 20 working days after the starting date specified in the Notice to Proceed. *Note to bidders: The City of Carlsbad has designated specific dates for construction of this project. Construction dates shall be May 14. 2007 through June 15, 2007. Bidders are advised that there is a $500 per day penalty for each calendar day that work is not completed after June 15, 2007. Bidders are advised that this penalty is in addition to any deductions for liquidated damages. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a m and 4:00 p.m. on Mondays through Fridays, 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. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: 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. Delete the first sentence of the third paragraph and substitute the following two sentences- 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. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld Revised 10/08/03 Contract No. PKS 07-03 Page 51 of 57 Pages monies due it, the sum of two hundred and fifty dollars ($250.00) Execution of the Contract shall constitute agreement by the Agency and Contractor that two hundred and fifty dollars ($250.00) 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. SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows- All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and 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 7-4 WORKERS' COMPENSATION INSURANCE. Add the following- 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. Delete the first sentence and add the following four sentences: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, m streets, highways (except State highway right-of-way), railways 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 therefor. *Note to Contractor: The City of Carlsbad has obtained a Building Permit for this project The Building permit number is CB070196. The Contractor is advised that it is the Contractors responsibility to schedule all inspections by the Building Official. The Contractor shall call (760) 602-2725 for next business day inspection. Any work covered prior to acceptance from the Building Official is subject to removal at the Contractors expense. 7-7 COOPERATION AND COLLATERAL WORK. Add the following section. 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. Add the following Cleanup and dust control required herein shall Revised 10/08/03 Contract No. PKS 07-03 Page 52 of 57 Pages 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 therefor. 7-8.5 Temporary Light, Power and Water. Add the following 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 therefor Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.6 Water Pollution Control. Add the following The Contractor shall comply with all requirements of the storm water pollution and monitoring plan prepared for this project in accordance with the California State Water Resources Control Board order number 92-08-DWQ and NPDES General Permit number CAS000002 and the "Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity" Add the following section: 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. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Traffic and Access, add the following: The Contractor shall schedule the work so as to prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City's contracted waste disposal company, Coast Waste Management at 929-9417 7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in accordance with the plans, Chapter 5 of the California Department of Transportation "Manual of Traffic Controls," 1999 edition and these Supplemental Provisions If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. In the event that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings, delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is the greater Add the following section: 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq All temporary reflective pavement markers shall conform to the provisions of section 214-5.Let seq All temporary reflective channelizers shall conform to the provisions of section 214- 5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 210-1.6 et seq except that all temporary paint shall be rapid dry water Revised 10/08/03 Contract No. PKS 07-03 Page 53 of 57 Pages borne conforming to section 210-1.6for materials and section 310-5 et seq. For workmanship ^^ Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction ( ) and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory ^ ^ signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the travelling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the travelling public during non-working hours During the hours of darkness, as defined in Division 1, Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7 2 et seq. If illuminated traffic cones rather than post-type delineators are used dunng the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 180 mm (7") long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 1 8 m (6') of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 7.6 m (25') intervals to a point not less than 76m (25') past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the Engineer. Add the following section: 7-10.3.7 Payment. The Contractor shall prepare and implement traffic control plans and shall furnish all labor and materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work with which they are associated and no other compensation will be allowed therefor. Add the following section: 7-10.4.4 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. *Note to the Contractor: Temporary construction fencing will be required. The Contractor shall erect temporary fencing (chain link) around the building construction site and the Contractor's storage area. This temporary fencing is included in the lump sum price and no additional payments will be made therefore. The Contractor is responsible for providing a safe site and is advised that the project is in a public park area with heavy use. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work Revised 10/08/03 Contract No. PKS 07-03 Page 54 of 57 Pages 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 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 SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-2 FIELD OFFICE FACILITIES - Add the following- An agency field office is not required for this project. SECTION 9 - MEASUREMENT and PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modify as follows. The system of measure for this contract shall be the U.S Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion" 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: 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 the Standard Specifications (SSPWC) 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 Add paragraph 6 et seq. as follows: 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 Revised 10/08/03 Contract No. PKS 07-03 Page 55 of 57 Pages deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 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. Add the following: Except for those final payment items disputed in the written statement required in subsection 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 subsection 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 subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the will not be included in the progress estimate. Add the following section- 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. Revised 10/08/03 Contract No. PKS 07-03 Page 56 of 57 Pages SUPPLEMENTAL PROVISIONS TO "GREEN BOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 213 - ENGINEERING FABRICS Add the following section: 213-3 EROSION CONTROL SPECIALTIES. Add the following section: 213-3 Gravel bags. Gravel bags for the use of temporary erosion control shall be burlap type, filled with no less than 23kg (50 Ibs) of 19 mm (3/4") crushed rock and securely tied closed Plastic bags are not acceptable. SECTION 306 - UNDERGROUND CONDUIT CONSTRUCTION 306-5 ABANDONMENT OF CONDUITS AND STRUCTURES. Add the following: Unless otherwise noted on plans, the Contractor shall remove all existing abandoned pipelines and conduits of any type, or use, and pipelines and conduits of any type, or use, that are abandoned during the course of the work and shall replace said pipelines and conduits with properly compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid for Clearing and Grubbing, and no additional payment will be made. Revised 10/08/03 Contract No. PKS 07-03 Page 57 of 57 Pages APPENDIX A SUPPLEMENTAL PROVISIONS FOR HOLIDAY PARK GAZEBO RENOVATION CONTRACT NO. PKS 07-03 SPECIAL CONSTRUCTION PROVISIONS 1. The Work The Contract work to be performed hereunder includes the furnishing of all labor and equipment and furnishing and installing all materials, unless herein specifically excepted, necessary for the complete and satisfactory remodel of a gazebo at Holiday Park The work shall consist of installing temporary fencing, all utility location and verification (excavating, exposing, and verifying top, bottom, and side of utility facilities); all demolition work indicated on the plans: all earthwork (including trenching, shoring, bedding, backfilling including select imported material or select native material); dewatering; including providing and installing all equipment, and appurtenances, remodeling a wooden gazebo structure, protecting in place or removing and replacing all existing utilities and public and private improvements; re-vegetation; testing all equipment, disposing of excess demolished building materials, soil, and rock material and restoring all adjacent areas and improvements to pre-construction conditions Contractor shall, upon completion of all work required herein, initially operate all components of the Contract Work installed or furnished and installed by him, and make any additional, adjustments, corrections, repairs, replacements, and reconstruction's necessary to provide Owner with complete, correctly operating restroom and appurtenances. 2. Work Site The Contract work site is located in the City of Carlsbad as shown on the Construction Drawings. The Holiday Park Gazebo site is located in Holiday Park near the intersection of Pio Pico Avenue and Pine Avenue Bidders shall review the project sites prior to submitting a bid. PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 1 of 51 3. Construction Plans (Drawings) The following Construction Plans are made a part of these Contract Documents: CONSTRUCTION PLANS (24" X 36") DRAWING NO. 449-9 HOLIDAY PARK GAZEBO RENOVATION CONTRACT NO. PKS 07-03 Title Sheet No. Title Sheet T1 Gazebo Plan A1 Roof Plan A2 Beam and Roof Framing Plans A3 Sectton and Details A4 Exterior Elevations and Details A5 Exterior Elevations and Details A6 Electrical Plan E1 4. Notice of Award and Notice to Proceed Upon Notice of Award, Contractor is hereby authorized to execute Contract and secure Performance and Payment Bonds and Certificates of Insurance. Upon execution of Contract by Owner, Contractor is authorized to begin document submission, material ordering, and construction scheduling. 5. Data to be Submitted by Contractor Contractor shall furnish Owner submittals for all equipment, equipment components, fabricated materials, and materials to be furnished for review and acceptance by Owner prior to Contractor performing work to which data pertains. Submittals shall be provided in accordance with the "Contractors Submittals Technical Specifications" Prior to beginning construction, Contractor shall submit 24-hour emergency phone numbers for the construction superintendent, construction foreman, and all company principals. PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 2 of 51 6. Contractor Cooperation and Coordination Contractor shall cooperate with Owner, San Diego Gas and Electric, and all other jurisdictional agencies Owner will have representatives on site to observe and verify compliance with Contract Documents Contractor shall perform work in a manner not to interfere with operation of other park facilities nor operate any existing facilities. Contractor shall perform his work in accordance with the sequence of work as specified herein. Contractor shall coordinate all work with the Owner. A detailed schedule of proposed work shall be provided to the Owner the Thursday preceding each week 7. Permits, Licenses, Certificates, Laws and Ordinances A Contractor and all subcontractors shall procure and maintain a valid City of Carlsbad Business License for the duration of the Contract. B California Regional Water Quality Control Board. San Diego Region Contractor shall, at his expense, obtain authorization to discharge water from ground water extraction (dewatermg), line flushing, and testing operations from the California Regional Water Quality Control Board, San Diego Region (Regional Board). A copy of said discharge authorization shall be provided to the Owner Contractor shall comply with conditions therein and perform the monitoring required Contractor shall not allow any discharges from the construction site, which may have an adverse effect on receiving waters of the United States. Contractor shall not allow any groundwater extraction water to be discharged from construction site except in full compliance with the General Waste Discharge Requirements for Ground Water Extraction and Similar Discharges from Construction and Remediation Projects (Order No. 96-41) adopted by the Regional Board. Prior to submitting Bid, Contractor shall obtain a copy of said Order No. 96-41 and review all compliance requirements therein, including monitoring, testing, and reporting. Contractor shall provide all labor, material, and equipment necessary to comply with Regional Board requirements for discharge water from groundwater extractions, line flushing, and testing operations, including all monitoring, testing, and reporting. C In the event of conflict between the Contract and Permit requirements, the most stringent shall prevail. All permit requirements shall be satisfied by Contractor and accepted by all issuing agencies, and the Owner before project will be accepted and a Notice of Completion filed. PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 3 of 51 D Contractor shall, at his own expense, procure any additional permits, certificates, and licenses required of him by law for the execution of the work. He shall comply with all Federal, State and local laws, ordinances or rules and regulations relating to the performance of said work. 8. Storage of Materials and Equipment Contractor shall not store materials or equipment on private or public property without written permission from the affected property owners approving such use Said written permission shall be submitted to Owner prior to Contractor moving materials or equipment onto site Contractor's equipment shall be removed from public or private right-of-way and placed in the Contractor's designated storage areas at the end of each workday. Contractor may utilize the adjoining park site for storage of materials and equipment The contractor shall install temporary construction fencing around the storage area and will be required to return the area to its pre-construction condition. 9. Building Inspection The City of Carlsbad has obtained a Building Permit from the City Building Official. The Contractor will be required to coordinate and schedule any and all inspections required by the Building Official No work may be covered or continued until all required the Building Official performs all required inspections The Building Permit Number is CB070196. The City of Carlsbad has attempted to design all portions of the project to conform to all aspects of the UBC The Contractor agrees to provide Requests for Information to the Project Inspector for any issues regarding UBC compliance prior to scheduling Building Inspection. In the event that the Building Official requires a change in plans or construction to comply with the UBC, the Contractor agrees to allow the City of Carlsbad a reasonable time to process construction changes through the Building Official in matters relating to UBC compliance. Extensions of time will be granted in any case that construction cannot continue on any portion of the project The contractor agrees to waive any delay claims during plan revision process Building Inspection may be scheduled for next business day by calling (760) 602-2725 and requesting inspection through the automated scheduling system. Be advised that inspection will not be scheduled for a particular time during the next business day The Contractor also agrees that any issue requiring re-inspection for any reason, by the Building Official, is not grounds for delay claims. 10. Preservation of Existing Improvements, Restoration of Work Site and Disposal of Spoil and Waste Materials PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 4 of 51 A Contractor shall perform his operations so that existing improvements (including roads and other paved surfaces adjacent to or in the vicinity of the work site are not damaged Contractor shall repair and restore any disturbed or damaged private or public improvements which results from his operations (except that which is specifically a part of the Contract Work) to the satisfaction of the Owner, or the agency having jurisdiction over said improvements, all at his expense B All work sites shall be restored to pre-job conditions and shall meet the requirements of Owner and property owner Owner is obligated to keep visual impact of the work sites to a minimum, therefore, Contractor is required to restore all areas altered by construction to pre-existing conditions Such areas shall include, but shall not be limited to, areas used for travel, parking, and storage of vehicles, equipment and materials. C. Contractor shall be responsible for the proper disposal of all waste materials resulting from his operations, including rubbish, packaging materials, discarded equipment parts, and damaged construction materials, in a manner and at locations suitable to the Owner and all health and other regulatory agencies. 11. Construction Water & Electrical Contractor may utilize the existing water source at the adjacent restroom. The Contractor shall coordinate and request permission to utilize the City's water source 48 s-^. hours prior to any requested use Contractor shall furnish and install all necessary ( j piping and appurtenances, including pumps, necessary to convey water from Owner's ^ ^ system to places of use within the work site. Contractor shall supply an Owner approved backflow prevention device. The Contractor shall be responsible for procurement of electrical power for his work. The Contractor shall coordinate and pay for services with the Utility and shall include cost of such power sources in his bid item price for the work The Contractor may, at his option, provide a portable generator for the work. All portable generator equipment must be equipped with suitable mufflers and shall be in good operating condition 12. Salvage Contractor shall meet with the Owner prior to removal of any material or equipment from the Existing Facility, and the Owner shall designate which equipment, piping, valves, and fittings (if any) are to be salvaged by the Contractor. Salvage shall be delivered, unloaded, and stored by the Contractor as directed by Owner at the Parks Maintenance Yard at 1166 Carlsbad Village Drive, Carlsbad, CA 92008. All other equipment and materials removed shall be considered waste and disposed of by the Contractor 13. Sequence of Work A. Introduction Project Work includes the following major components' demolition of portions of the existing gazebo including wooden beams, roofing materials and electrical materials indicated to be removed, remodel construction of the gazebo including PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 5 of 51 connection to all utilities, re-roofing of the gazebo, and restoration of the site surrounding the construction to its original condition A detailed sequence of work for major project components is provided hereinafter. B General 1) Prior to beginning construction, Contractor shall excavate, expose, and determine ("pothole") the exact location and depth of each and every potential interference including, but not limited to, all facilities shown specifically (depth and location) on these drawings, or which have been located and marked by respective non member companies or utilities. 2) The Contractor shall perform demolition of portions of the existing facilities and salvage or dispose of the building materials and appurtenances as directed by the owner 3) The Contractor shall perform all necessary construction for remodel of the existing gazebo including utility connections as required to provide a fully operational facility 4) The Contractor shall perform all necessary construction for re-roofing of the gazebo. 5) The Contractor shall return the areas affected by construction to their original pre-construction condition. 6) Any proposed modifications to the Sequence of Work provided herein shall be submitted in writing to the Owner for approval. If approved, said modified Sequence of Work shall be implemented by the Contractor at no additional cost to the Owner. Any proposed modifications to the specified Sequence of Work shall reflect the necessary changes in all other project components 14. Location of Equipment and Ambient Environmental Conditions All electrical equipment shall be designed to operate at the project site, which is located in an outdoor area in a public park. The project site is at an elevation approximately 10' above mean sea level. Maximum design ambient temperature shall be 100°F and minimum design ambient temperature shall be 40°F. Relative humidity may range from 10% to 95%. Equipment shall be designed to prevent damage which could be caused by high or low ambient temperature within the specified range, freezing, dust in the air, winds of up to 70 mph, and wet weather conditions. Equipment shall be specifically designed to function satisfactorily under said conditions. All electrical equipment shall be suitable sealed PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 6 of 51 15. Specified Model Numbers All model numbers used herein are provided for information only, to assist Contractor in selecting equipment that conforms to specifications. In case of any conflict between model numbers given herein and the descriptive specifications or performance specified, the descriptive specifications and performance specified shall govern 16. Inspection Fees Contractor shall bear all costs and fees incurred as a result of inspection services furnished by utilities or others. In the event the Contractor requests to work outside the stated working hours, or on holidays, Saturdays, or Sundays, and the Owner agrees to same, the Contractor shall pay for the Inspector's time at the rate of $100 00 per hour Inspection by the Building Official will not be available after hours or on weekends or holidays. 17. Compliance With Contract Documents Contractor shall comply with all instructions of Owner to insure compliance with the Contract Documents, including timely completion of work each day, work site clean-up, control of traffic, and placement of signs If Contractor does not comply with the Contract Documents, then Owner shall provide the required labor, materials, and equipment to perform same and shall deduct the cost from monies otherwise due under the Contract 18. Geological Conditions at Work Site Contractor shall, satisfy himself with regard to all geologic conditions which may affect Contract Work. Personal investigation by Contractor is mandatory. Contractor may perform excavations on site prior to bid opening. Contact the Owner to arrange for access to site. Neither the information contained in the drawings, or from Owner, his agents or employees shall act to relieve Contractor from any responsibility in fulfilling any and all of the terms and requirements specified herein. 19. Safety Requirement of Equipment Furnished by Contractor The equipment furnished by Contractor shall comply with the applicable requirements of the Safety Orders of the Division of Industrial Safety of the State of California Copies of the Safety Orders as available at the Printing Division, Documents Section, State of California, Sacramento, California 95814 PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 7 of 51 APPENDIX B SPECIAL PROVISIONS TECHNICAL SPECIFICATIONS Submittals Part 1 General 1.01 Description 9 1.02 Progress Schedule 9 103 Shop Drawing Submittal 9 1.03 Materials Sample Submittal 11 PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 8 of 51 CONTRACTOR SUBMITTALS TECHNICAL SPECIFICATIONS PART 1 - GENERAL 1.01 Description This Section covers requirements for submittals and forms a part of all other Sections in which submittals are specified or required. A Submittal Requirements Included in this Section 1. Contractor's Construction Schedule 2. Shop Drawings 3. Material Samples, Including Color Samples for Paint, Roofing Materials etc. 4 Operation and Maintenance Manuals 5. Requests for Substitutions or Equals 6. Record Drawings 1.02 Progress Schedule A. Within thirty (30) days of Notice of Award, Contractor shall submit a Construction Schedule for construction progress control, prepared on 11 inch x 17 inch charts. All construction activities and procurement shall be indicated in a time scaled format and a calendar shall be shown on all sheets along the entire sheet length. Each activity arrow or node shall be plotted so that the beginning and ending dates of said activity can be determined graphically by comparison with the calendar scale. B The duration estimate indicated for each activity shall be computed in working days and shall be shown on the construction schedule in calendar days. It shall represent the single best estimate considering the scope of the work and resources planned for the activity. Except for certain non-labor activities, such as curing concrete or delivering materials, activity duration shall not exceed ten (10) working days (fourteen (14) calendar days), nor be less than one (1) working day unless otherwise accepted by Owner. Contractor shall modify any portions of the construction schedule that become mfeasible due to activities behind schedule or for any other valid reason. Any activity that cannot be completed by its original latest completion date shall be deemed to be behind schedule. 1.03 Shop Drawing Submittal PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 9 of 51 A. Unless otherwise specified in the Contract Documents, Contractor shall furnish for all equipment and materials to be furnished and installed for the project at least six (6) copies of each shop drawing for Owner's review and approval. Four (4) copies will be retained for Owner's use, and two (2) copies will be returned to Contractor. The term "Shop Drawings" as used herein shall be understood to include all data covering all equipment, equipment components, fabricated materials, and furnished materials Data shall include, but shall not be limited to, design calculations, equipment drawings, fabrication and installation drawings, erection drawings, mix designs, operating instructions, catalog sheets, data sheets, lists, graphs, and similar items. Data shall demonstrate compliance with the Contract Documents Contractor shall submit shop drawings in a timely manner. Contractor shall allow a reasonable period for Owner's review and approval of shop drawings. Contractor shall be responsible for any project delays resulting from late submittal of initial shop drawings or re-submittal of corrected or revised shop drawings B. Method of Submittal Contractor shall deliver shop drawings submittals by means of dated, signed, and sequence numbered transmittals on Contractor's letterhead. Contractor shall clearly describe the submittal contents, identifying whether initial or subsequent submittals and stating the drawing numbers and specification sections, articles, and paragraphs to which the shop drawings pertain. All data sheets, catalog cuts, or drawings showing more than the particular item under consideration shall be marked to delete all but the applicable information. Contractor shall comply with Section 2-5.3.3 of the Special Provisions for acceptable form of Submittals C. Deviations or Exceptions from Contract Documents Where proposed equipment or materials, equipment components, equipment functions, or equipment operations deviate from the specifications and whenever exceptions to the specifications are taken, it shall be clearly noted on the shop drawing submittals Deviations shall include references to the specific sections, parts, and paragraphs or drawing numbers and notes for which the deviations or exceptions are made. D Contractor's Review All shop drawing submittals shall be carefully reviewed by Contractor prior to submission to Owner. Contractor shall indicate by a signed and dated stamp on the submittal that Contractor has checked the shop drawings as being correct and in strict conformance with the Contract Documents. Shop drawings not so reviewed by Contractor may be returned without action taken by Owner, and any delays caused thereby shall be the responsibility of the Contractor. E Owner's Review PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 10 of 51 1. Owner's review of the shop drawings submitted by Contractor will cover only general conformity to the Contract Documents. The review of shop drawings shall not relieve Contractor of full responsibility for any deviation from the requirements of the Contract Documents. As specified above, deviations or exceptions to the Contract Documents shall be clearly indicated on the shop drawings Contractor shall be responsible for any errors or omissions in the shop drawings or for the accuracy of dimensions, quantities, and the design of adequate connections and details. 2. Unless specified elsewhere, Owner will return two (2) sets of shop drawing submittals to Contractor with his comments noted thereon, within fifteen (15) working days following their receipt by Owner. It is expected that Contractor shall prepare his submittals in such a manner that he is able to obtain a complete and acceptable submittal by the second submission. Owner reserves the right to deduct monies from the amounts due to Contractor to cover the cost of the Owner's review beyond the second submission. F. Corrections and Resubmittals Contractor shall make all required corrections and shall resubmit the required number of corrected shop drawings until found in general conformance with the Contract Documents and design concept of the project. No work that requires shop drawing submittals shall be purchased or commenced until the pertinent shop drawings have been submitted, reviewed, and approved 1.04 Material Samples Submitted A General Whenever in the Contract Documents material samples are required, Contractor shall submit to Owner not less than two (2) samples of each such item for review and approval, all at no additional cost to Owner Upon receiving approval by Owner, one (1) set of the samples will be stamped and dated by Owner and returned to Contractor, and one (1) set of samples shall remain at the job site until completion of the work. PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 11 of 51 SPECIAL PROVISIONS BASIC SPECIFICATIONS PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 12 of 51 BASIC COATING AND PAINTING SPECIFICATION FOR FACILITIES PART 1 - GENERAL 1.01 Scope A The work included in this section consists of furnishing all labor, materials, apparatus, scaffolding and all appurtenant work in connection with coating and painting, as indicated on the drawings and as specified herein. B. In general, the following surfaces are to be coated or painted: 1. Exposed piping and other metal surfaces, interior and exterior 2 Equipment furnished with and without factory finished surfaces. 3 Doors, frames, woodwork and architectural trim work C The following surfaces shall not be coated or painted unless shown or specified herein, or elsewhere in the Contract Documents 1 Stainless steel. 2. Equipment nameplates, machined surfaces and grease fittings. 3 Non-ferrous and galvanized ferrous metal, including- (a) floor gratings, plates and frames, (b) handrails, (c) stair treads, stringers and supports, (d) ladders and supports, (e) chain link fencing and appurtenances, (f) conduits. D. In no case shall any concrete, wood, metal or any other surface requiring protection be left uncoated or unpamted, even though not specifically defined herein. PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 13 of 51 1.02 Reference Specifications and Standards Without limiting the general aspects of other requirements of these specifications, all surface preparation, coating and painting of surfaces shall conform to the applicable requirements of the National Association of Corrosion Engineers (NACE), the Steel Structures Painting Council (SSPC), the American Concrete Institute, the Forest Products Research Society, and the manufacturer's printed recommendations. In the event of a conflict between codes, reference standards, drawings, and these specifications, the most stringent requirements shall govern All conflicts shall be brought to the attention of the Owner for clarification and direction prior to ordering or providing any materials or labor. 1.03 Painting Subcontractor Where protective coatings are to be performed by a subcontractor, said subcontractor must possess a valid state license as required for performance of the painting and coating work called for in this specification and shall have a minimum of five years practical experience and successful history in the application of specified products to surfaces and facilities of water and wastewater treatment facilities. Upon request, he shall substantiate this requirement by furnishing a list of references. 1.04 Shop Drawing Submittals For each coating system to be used, the Contractor shall submit for Owner's review and approval the following data: 1. Paint manufacturer's data sheet for each product used, including statements on the suitability of the material for the intended use. 2. Paint manufacturer's instructions and recommendations on surface preparation and application. 3. Samples of colors and finishes available for each product. Where custom mixed colors are specified (e g. to match colors of existing coated surfaces), the submitted color samples shall be made using color formulations prepared to match the color samples furnished or specified by the Owner. The color formula shall be provided with each color sample. 4. Compatibility of shop and field applied coatings (where applicable). 5 Material safety data sheet for each product used 1.05 Quality Assurance A Coating and Painting Application No coating or paint shall be applied' when the surrounding air temperature or the temperature of the surface to be coated or painted is below 40°F (4.4°C); to wet or damp surfaces or in ram, snow, fog, or mist; when the temperature is less than 5°F (2.8°C) above the dew point, when it is expected the air temperature will drop below 40°F (4.4°C) or less than 5°F (2 8°C) above the dew point within 8 hours PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 14 of 51 after application of coating or paint. Dewpomt shall be measured by use of an instrument such as a Sling Psychrometer in conjunction with U S. Department of Commerce Weather Bureau Psychrometnc Tables. If above conditions are prevalent, coating or painting shall be delayed or postponed until conditions are favorable. The day's coating or painting shall be completed in time to permit the film sufficient drying time prior to damage by atmospheric conditions B. Inspection Concrete, non-ferrous metal, plastic and wood surfaces shall be visually inspected to insure proper and complete coverage has been attained. A destructive testing instrument, such as a Tooke Gage, shall be used if deemed necessary. Thickness of coatings and paint on ferrous metal surfaces shall be checked with a non-destructive, magnetic type dry film thickness gauge. Coating integrity of Systems A and C surfaces shall be tested with an approved inspection device. Holiday detectors shall not exceed the voltage recommended by the manufacturer of the coating system. For film thicknesses between 10 and 20 mils (0 25 mm and 0 50 mm) a non-sudsing type wetting agent such as Kodak Photo-Flo, shall be added to the water prior to wetting the detector sponge All pmholes shall be marked, repaired in accordance with the manufacturer's printed recommendations and retested. No pinholes or other irregularities will be permitted in the final coating. In cases of dispute concerning film thickness or "holidays", the Owner's calibrated instruments and measurements shall predominate. Wide film thickness discrepancies shall be measured and verified with a micrometer or other approved measuring instrument. Contractor shall give the Owner a minimum of 3 working days advance notice of the start of any field surface preparation work or coating application work, and a minimum of 7 working days advance notice of the start of any shop surface preparation work or coating application work. C Warranty Inspection Warranty inspection shall be conducted during the eleventh month of the Contract warranty period. The Contractor and a representative of the coating material manufacturer shall attend this inspection All defective work shall be repaired in accordance with this specification and to the satisfaction of the Owner. 1.06 Safety and Health Requirements A. General PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 15 of 51 Surface preparation and application of coatings shall be performed by the Contractor in compliance with all applicable federal, state, and local occupational safety, health, and air pollution control regulations. The Contractor shall obtain and comply with all safety precautions recommended by the paint manufacturer in printed instructions or special bulletins. The Contractor shall provide and require use of personnel protective lifesavmg equipment for persons working in or about the project site. B. Head and Face Protection and Respiratory Devices Equipment shall include protective eye protection, hearing protection and respiratory protection, which shall be worn by all persons while in the vicinity of the work. In addition, workers engaged in or near the work during sandblasting shall wear eye and face protection devices and air-purifying, half-mask or mouthpiece respirator with appropriate filter. C. Sound Levels Whenever the occupational noise exposure exceeds the maximum allowable sound levels, the Contractor shall provide and require the use of approved ear protective devices D Illumination Adequate illumination shall be provided while work is in progress, including explosion-proof lights and electrical equipment. Whenever required by the Owner, the Contractor shall provide additional lighting and necessary supports to illuminate all areas to be inspected The Owner shall determine the level of illumination for inspection purposes. E Temporary Ladders and Scaffolding All temporary ladders and scaffolding shall conform to applicable safety requirements. They shall be erected where requested by the Owner to facilitate inspection and be moved by the Contractor to locations requested by the Owner. 1.07 Extra Stock Upon completion of all coating and painting work, Contractor shall deliver to the Owner a minimum of two 1 gallon cans of each type and color of finish paint and coating used on the project and two 1 gallon cans of each primer Each container shall be unopened and properly labeled for identification and have a manufacture date within two months of the date of delivery to the Owner. PART 2 - PRODUCTS 2.01 General PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 16 of 51 A. Products specified are that which have been evaluated for the specific service and are listed to establish a standard of quality Requests for product substitution are subject to the requirements of section "Contractor Submittals Technical Specifications". B. All materials shall be brought to job site in original sealed containers Contractor shall provide coating material name, formula or specification number, batch number, color and date of manufacture to the Owner Coating materials shall not be used until the Owner has inspected contents and checked information on containers or label. Materials exceeding storage life recommended by the manufacturer shall be rejected. C. All coatings and paints shall be stored in enclosed structures to protect them from weather and excessive heat or cold. Flammable coatings or paints must be stored to conform with city, county, state, and federal safety codes for flammable coating or paint materials. Water based coatings or paints shall be protected from freezing. D. Contractor shall use products of same manufacturer for all coating systems unless approved in writing by the Owner E. It is the intent of this specification that all coatings used meet local, state, and federal air pollution control regulations. These regulations change frequently. If a listed coating does not meet local, state, and federal air pollution control regulations at the time the work is actually performed, the Contractor shall provide the manufacturer's compliant, recommended substitute coating at no additional cost to the Owner 2.15 Service Condition D Interior and exterior architectural woodwork shall receive the following surface preparation and coating. A Surface Preparation Sand new and bare wood to remove any surface contamination and surface cells For previously coated surfaces sand loose paint to a tight, adherent surface. Cracks, nail holes, and other defects shall be filled with putty or plastic wood after priming. All knots shall be sealed with an approved knot sealer Prior to coating, all surfaces shall have a moisture content below level recommended by coating manufacturer and shall be thoroughly cleaned and free of all foreign matter. B Application Application shall be in strict accordance with manufacturer's recommendations. C Coating System PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 17 of 51 Prime coat shall be applied at a coverage rate not to exceed 280 square feet per gallon. The finish coat shall be applied at a coverage rate not to exceed 280 square feet per gallon Primer Behr/ Water-Based Primer & Sealer No 436 Interior Finish Behr/ Masonry, Stucco & Brick Paint Satin Exterior Finish Behr/ Masonry, Stucco & Brick Paint Flat Color / Spanish Tan (*No Substitutions) 2.17 Service Condition E Manufactured items furnished with shop-applied coat of primer requiring field touch-up or with a shop-applied primer which is not compatible with the required coating system shall receive the following surface preparation and coating system: A Surface Preparation All surfaces shall be cleaned in conformance with Steel Structures Painting Council Specification SSPC-SP2 (Hand Tool Cleaning), including hand sanding and feathering of damaged areas. If determined by the Owner that damage is too extensive for touch-up, item shall be re-cleaned and coated or painted as directed by Owner B Coating System Prime and finish coats shall be the system recommended for the specific Service Condition. Prime coat shall be compatible with the required system If not (as determined by the Owner) the prime coat shall either be removed by sandblasting or coated with a suitable primer which is compatible with the shop primer utilized and the coating system required. Costs incurred for repair or replacement of shop-applied primers shall be the sole responsibility of the Contractor. 2.18 Service Condition F Manufactured items furnished with shop-applied primer and finish coats requiring field touch-up shall receive the following surface preparation and coating system. PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 18 of 51 A. Surface Preparation All surfaces shall be cleaned in conformance with Steel Structures Painting Council Specification SSPC-SP2 (Hand Tool Cleaning), including hand sanding and feathering of damaged areas If determined by the Owner that damage is too extensive for touch-up, item shall be re-cleaned and coated or painted as directed by Owner. B Coating System Prime and finish coats shall be the system recommended for the specific Service Condition Costs incurred for repair or replacement of shop-applied coatings or finishes shall be the sole responsibility of the Contractor PART 3 - EXECUTION 3.01 General A. All surface preparation, coating and painting shall conform to applicable standards of the National Association of Corrosion Engineers, the Steel Structures Painting Council, the American Concrete Institute, the Forest Products Research Society, and the Manufacturer's printed instructions. Material applied prior to approval of surface preparation by the Owner shall be removed and reapplied to the satisfaction of the Owner at the expense of the Contractor. B All work shall be performed by skilled craftsmen qualified to perform the required work in a manner comparable with the best standards of practice. Continuity of personnel shall be maintained and transfers of key personnel shall be coordinated with the Owner C Unless otherwise specified, dust, dirt, oil, grease or any foreign matter that will affect the adhesion or durability of the finish must be removed by washing with clean rags dipped in an approved cleaning solvent and wiped dry with clean rags D. Coating and painting systems include surface preparations, prime coatings and finish coatings. Surface preparation for a specific Service Condition shall be as specified for that coating or painting system. Unless otherwise specified, prime coatings shall be field applied Where prime coatings are shop applied, they shall be thoroughly cleaned and touched up in the field as specified. If shop coatings are deficient or damaged too extensively for adequate repair, they shall be removed and coated and painted as directed by the Owner. Contractor shall instruct suppliers to provide prime coats compatible with the finish coats specified Any off site work which does not conform to this specification is subject to rejection by the Owner. PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 19 of 51 E. The Contractor's coating and painting equipment shall be designed for application of materials specified and shall be maintained in first class working condition. Compressors shall have suitable traps and filters to remove water and oils from the air. Contractor's equipment shall be subject to approval by the Owner. 3.06 Surface Preparation, Wood and Composition Materials All surfaces shall be cleaned of dirt, oil, or other foreign substances with mineral spirits, scrapers, sandpaper, or wire brushes. Finished surfaces exposed to view shall, if necessary, be made smooth by planing or sandpapering. Small, dry, seasoned knots shall be surface scraped, sandpapered, and thoroughly cleaned, and shall be given a thin coat of WP-578 Western Pine Association knot sealer before application of the priming coat. Large, open unseasoned knots, and all beads or streaks of pitch shall be scraped off, or if the pitch is still soft, it shall be removed with mineral spirits or turpentine and the resinous area shall be thinly coated with knot sealer. After priming, all holes and imperfections shall be filled with putty or plastic wood (colored to match the finish coat), allowed to dry, and sandpapered smooth. Existing surfaces shall be cleaned of all loose or flaking paint and sandpapered to a tight, adherent surface. 3.07 Coating and Painting Application, General A. Coating and painting application shall conform to the requirements of the Steel Structures Painting Council Paint Application Specifications SSPC-PA1, latest revision, for "Shop, Field and Maintenance Painting", and recommended practices of the National Association of Corrosion Engineers, the American Concrete Institute, the Forest Products Research Society and the Manufacturer of the coating and paint materials. B. Application of the first coat shall follow immediately after surface preparation and cleaning and within an eight hour working day Any cleaned areas not receiving first coat within an eight hour period shall be re-cleaned prior to application of first coat. Cleaned surfaces and all coats of the specified system shall be inspected prior to application of each succeeding coat. Contractor shall schedule such inspection with Owner in advance. C. Prior to assembly, all surfaces made inaccessible after assembly, shall be prepared as specified herein and shall receive the coating or painting system specified. D. Thinning shall be permitted only as recommended by the Manufacturer and approved by the Owner. E. Coating materials shall be protected from exposure to cold weather, and shall be thoroughly stirred, strained, and kept at a uniform consistency during application. PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 20 of 51 F. Each application of coating or paint shall be applied evenly, free of brush marks, sags, runs, and variations in color, texture and finish, with no evidence of poor workmanship. Care shall be exercised to avoid lapping on glass or hardware. Coatings and paints shall be sharply cut to lines. Finished surfaces shall be free from defects or blemishes G. Protective coverings or drop cloths shall be used to protect floors, fixtures and equipment The working parts of all mechanical and electrical equipment shall be protected from damage during surface preparation and coating operations. Openings in motors shall be masked to prevent entry of coating or other materials. Care shall be exercised to prevent coatings or paints from being spattered onto surfaces which are not to be coated or painted. Spray painting shall be conducted under carefully controlled conditions. The Contractor shall be fully responsible for and shall promptly repair any and all damage to adjacent facilities or adjoining property occurring from blast cleaning or coating operations. H. When two or more coats of coating or paint are specified, each coat shall be of a slightly different shade to facilitate inspection of surface coverage of each coat. I. Specified film thicknesses per coat for the Service Conditions are minimum required. Contractor shall apply additional coats as necessary to achieve the specified thickness. J All material shall be applied as specified. K All welds and irregular surfaces shall receive a brush coat of the specified product prior to application of the first complete coat. L. Cleaning and coating shall be coordinated so that dust and other contaminants from the cleaning process will not fall on wet, newly-coated surfaces M. Drying time between coats and surface curing shall be as recommended by the coating manufacturer depending upon field conditions of temperature and humidity Times shall be submitted with the shop drawings based on 70°F and relative humidity of 50%. N. In the case of enclosed areas, the forced air ventilation system shall operate continuously to provide air circulation and exhausting of solvent vapors. 3.08 Shop Coating A. All items of equipment, or parts of equipment which are not submerged in service, shall be shop primed and then finish coated in the field, after installation, with the specified or approved color. The methods, materials, application equipment and all other details of shop painting shall comply with these specifications. If the shop primer requires top coating within a specified period of PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 21 of 51 time, the equipment shall be finish coated in the shop and then touch-up painted after installation B. All items of equipment, or parts and surfaces of equipment which are submerged or inside an enclosed hydraulic structure when in service, with the exception of pumps and valves, shall have all surface preparation and coating work performed in the field C For certain pieces of equipment it may be undesirable or impractical to apply finish coatings in the field. Such equipment may include engine generator sets, equipment such as electrical control panels, switchgear or main control boards, submerged parts of pumps, ferrous metal passages in valves, or other items where it is not possible to obtain the specified quality in the field. Such equipment shall be shop primed and finish coated and touched up in the field with the identical material after installation. The Contractor shall require the manufacturer of each such piece of equipment to certify as part of its shop drawings that the surface preparation is in accordance with these specifications. Copies of applicable coating manufacturer's material data sheets shall be submitted with equipment shop drawings D. For certain small pieces of equipment the manufacturer may have a standard coating system which is suitable for the intended service conditions. In such cases, the final determination of suitability will be made during review of the shop drawing submittals. Equipment of this type generally includes only indoor equipment such as instruments, small compressors, and chemical metering pumps. E Shop painted surfaces shall be protected during shipment and handling. Primed surfaces shall not be exposed to the weather for more than 6 months before top- coated, or less time if recommended by the coating manufacturer. F. Damage to shop-applied coatings shall be repaired in accordance with these specifications and the coating manufacturer's printed instructions G The Contractor shall make certain that the shop primers and field topcoats are compatible and meet the requirements of these specifications. 3.09 Protective Coating and Painting Schedule The protective coating and painting schedule provided herein shall indicate the coating system to be used The schedule shall not be construed as a complete list of all surfaces to be coated but rather as a guide as to the application of the various coating systems. All surfaces shall be coated and painted except those specifically excluded herein or on the drawings. 3.10 Color Scheme PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 22 of 51 All colors and shades of colors of all coats of paint and protective coating material shall be as selected by the Owner. The Contractor shall submit two copies of the current chart of the manufacturer's available colors to the Owner at least thirty days prior to the start of coating and painting operations One copy shall be retained by the Owner and on copy will be returned to the Contractor 3.11 Cleanup Upon completion of the work, all staging, scaffolding, and containers shall be removed from the site or destroyed in a manner approved the Owner. Coating or paint spots and oil or stains upon adjacent surfaces shall be removed and the job site cleaned All damage to surfaces resulting from the work of these specifications shall be cleaned, repaired or refinished to the satisfaction of the Owner and at no additional cost to the Owner. END OF SECTION. PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 23 of 51 BASIC ELECTRICAL SPECIFICATIONS PART 1 - GENERAL 1.01 Description The Contractor shall furnish all labor, equipment, and materials to provide a complete and operable electrical system, all accordance with the requirements of the Contract Documents 1.02 Reference Codes and Standards All electrical equipment and materials, including the design, construction, and installation thereof, shall comply with the following codes and standards (latest editions), as applicable Where two codes or standards are at variance, the most stringent requirements shall govern A National Electric Code (NEC). B Basic Electrical Regulations, Title 24, State Building Standards, California Administrative Code. C. Low Voltage Electrical Safety Orders, Title 8, Division of Industrial Safety, State of California. D City and County Electrical Codes E American National Standards Institute (ANSI). F National Electrical Manufacturers Association (NEMA). G. National Fire Protection Association (NFPA). H Underwriters Laboratories, Inc. (UL). I Occupational Safety and Health Act (OSHA) Safety and Health Standards (29CFR1910 and 29CFR1926), State Building Standards, and applicable local codes and regulations. All equipment and material furnished by the Contractor shall be listed by and shall bear the label of Underwriters Laboratories, Inc. (UL) or of an independent testing laboratory acceptable to the local agency with jurisdiction over the electrical work. 1.2 Submittals PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 24 of 51 A. Shop Drawings 1. In accordance with Contractor Submittals Technical Specifications, Contractor shall submit complete information, drawings, and technical data for all equipment and components, including, but not limited to, the following: 2 Catalog data including catalog cut sheets, bulletins, brochures, etc. Applicable sizes, model numbers, and options shall be clearly marked and delineated 3. Connection diagrams, terminal diagrams, and internal wiring diagrams. 4. Equipment and material temperature limitations. 5. Drawings for all grounding work not specifically shown 6. Nameplates for all electrical panels, including nameplate material, lettering height, and proposed inscriptions. B. Operation and Maintenance Manuals Contractor shall submit detailed Operation and Maintenance Manuals for each item of equipment in accordance with the Contractor Submittals Technical Specifications. C. Record Drawings Contractor shall maintain and keep current a complete record set of construction drawings showing every change from the Contract Drawings and Specifications and the exact locations, sizes, and types of equipment and material installed. Record drawings shall show all conduit runs (sizes and number), circuits, and conductors (sizes and numbers). Record drawings shall show depths and routing of all concealed and below grade electrical installations. Record drawings shall be available to the Owner during construction and shall be delivered to the Owner upon project completion. 1.3 Delivery, Storage, and Handling A Delivery Deliver electrical materials and equipment in manufacturer's original cartons and containers with seals intact. Deliver conductors on sealed reels. Deliver large multi-component equipment in sections to facilitate field handling and installation. B. Storage PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 25 of 51 Unless designed for outdoor exposure, store electrical equipment and material of the ground and under cover Equipment and material shall be protected from weather, corrosion, contamination, and deterioration Dents, marred finishes, and other damage shall be repaired to its original condition or replaced as directed by the Owner. C Handling All equipment and material shall be handled in accordance with the manufacturer's recommendations Large or heavy items shall be lifted at the points designed by the manufacturer. Equipment and material shall be handled and installed as necessary to prevent damage 1.05 Public Utilities A. Contractor shall obtain electrical service requirements from public utility furnishing electrical power to the project. Contractor shall coordinate installation of power service with public utility. Contractor shall obtain, at his expense, all permits, licenses, and inspections required for electrical construction work by public utilities having jurisdiction. The Contractor may utilize a portable generator in lieu of public utility power service. All generators must be in good repair and have proper mufflers installed B. Contractor shall furnish and install all service conduit, fittings, transformer pad(s), manholes, vaults, grounding, and conductors not furnished by the serving utility. PART 2 - PRODUCTS 2.01 General All equipment and materials shall be new, shall be listed by UL, and shall bear the UL label, where UL requirements apply. All equipment and material shall be of industrial grade and be capable of long term, reliable, and trouble-free service. Similar equipment and material items shall be products of the same manufacturer. 2.02 Grounding A. Grounding and grounding components shall comply with the applicable requirement of the NEC, Article 250. B Grounding cable shall be stranded copper and shall be sized in accordance with Code requirements when sizes are not shown on the Drawings. Contractor shall submit shop drawings for all grounding work not shown on the Drawings. C. Grounding rods shall conform to ANSI/UL 467 and shall be copper-clad steel, 3/4-inch (minimum) in diameter and 10 feet (minimum) in length Rods shall be driven in the ground at least 9' -6" deep. Provide the number of rods required to PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 26 of 51 obtain proper ground resistance, as applicable to all manholes, padmount switches, transformers, service entrances, etc D Ground rod mechanical connector bodies shall be manufactured from high strength, high conductivity cast copper alloy material. Bolts, nuts, washers and lockwashers shall be made of silicon bronze and supplied as a part of the connector body and shall be of the two bolt type. Split bolt connector types are not allowed The connectors shall meet or exceed the requirements of UL 467 and be clearly marked with manufacturer and conductor size E Ground rod compression connectors shall be manufactured from pure wrought copper. The conductivity of this material shall be no less than 99% by IACS standards. The connectors shall meet or exceed the performance requirements of IEEE 837, latest revision The connectors shall be clearly marked with the manufacturer and conductor size. The installation of the connectors shall be made with a compression, tool and die system, as recommended by the manufacturer of the connectors. Each connector shall be factory filled with an oxide-inhibiting compound 2.03 Pull Boxes A Pull-Boxes shall be of precast concrete. Pull-Box minimum inside dimensions shall be as shown on the Drawings. Pull-Boxes shall be placed on a 6" thick crushed rock base B. Pull-Box covers shall be marked "High Voltage Electric", unless noted otherwise. C. Pull-Boxes shall be provided with knockouts for connections to all underground conduit. Conduit entrances shall be grouted flush with non-shrink grout Conduits shall be terminated with flush-end bells. D. Pull-Boxes shall be manufactured by Brooks, Quikset, or equal 2.04 Conduit A General Each length of conduit shall bear the UL label and be a minimum size of %", unless noted otherwise. Elbows shall be standard radius sweeps meeting the requirements of the NEC. PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 27 of 51 B Rigid Steel Conduit 1. Rigid steel conduit shall be Schedule 40 steel, pipe size, finished inside and out by hot-dipped galvanizing, and shall conform with ANSI C80.1 and UL All rigid steel conduit in direct contact with the ground or concrete shall be protected by double wrapping with 20 mil PVC tape. 2. Couplings shall be galvanized steel 3 Insulating Bushings: threaded malleable iron with thermoplastic liner. 4. Insulated Grounding Bushings1 threaded malleable iron body with insulated thermoplastic liner throat and "lay-in" ground lug with compression screw. 5. Insulated Metallic Bushings: threaded malleable iron body with plastic insulated throat. 6. Running threads are not acceptable. C. PVC Coated Rigid Steel Conduit 1 Conduit shall be Schedule 40 steel, pipe size, finished inside and out by hot-dipped galvanizing, and shall conform with ANSI C80.1 and UL. A PVC coating of 40 mils (minimum) thickness shall be bonded to the outer galvanized surface of the conduit and a urethane coating shall be applied to the interior surface of the conduit The bond between the PVC coating and the conduit surface shall be greater than the tensile strength of the plastic. A PVC jacketed coupling shall be furnished with each length of conduit. PVC coated rigid steel conduit and fittings shall be manufactured by Robroy, Occidental, or equal 2. Conduit fittings shall be PVC coated and furnished by the same manufacturer as the conduit to provide a complete and compatible protective system PVC coated fittings and couplings shall have specially formed sleeves to tightly seal to conduit PVC coating The sleeves shall extend beyond the fitting or coupling a distance equal to the conduit outside diameter or two inches, whichever is greater 2.07 Conductors and Cable A. General Cables and wires shall be new, stranded conductors, solid copper, not smaller than #12 AWG unless otherwise shown on Drawings. Insulation shall bear manufacturer's trademark, insulation designation, voltage rating, and conductor PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 28 of 51 size at regular intervals Each type of cable or wire shall be the product of a single manufacturer B. Conductors Conductors for power service, power feeders, power circuits, and lighting feeders, lighting circuits, and control circuits shall be stranded copper, rated 600 volt, with 75° C THWN insulation, UL approved, for installation underground, in concrete, in masonry, or in wet locations. Minimum conductor size shall be # 12 AWG. C. Color Coding System conductors shall be factory color coded by integral pigmentation with a separate color for each phase and neutral, or by an approved colored marking tape at all terminations and in all junction boxes, pull-boxes, and manholes. Each voltage system shall have a color coded system that shall be maintained throughout the project. Approved colored marking tape is as follows1 System Service Color 120V, 1 Phase, 2 wire Line Black Neutral White 208V, 3 Phase, 4 wire Phase A Black Phase B Red Phase C Blue Neutral White 480V, 3 Phase, 4 wire Phase A Brown Phase B Orange Phase C Yellow Neutral White All Ground Green & Bare Copper 2.08 Switches and Relays A Toggle Switches Local single pole switches shall be flush tumbler type AC rated, quiet type, heavy duty, 20 amp minimum, rated 120/277 volt, back or side wired with binding screws. Switches shall conform to NEMA WD-1 specifications. Two pole three way and other switches shall be similar. Switches shall be as manufactured by Hubbell, Bryant, or equal. 2.09 Receptacles PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 29 of 51 A. General Purpose General purpose receptacles shall be duplex, 3-wire grounding type, rated 125 7250 volt, AC, 20 amp minimum, NEMA 5-20R, back or side wired with binding screws, as manufactured by Hubbell, Bryant, G.E, or equal. B. Ground Fault Interrupter (GFI) GFI receptacles shall be NEMA 5-20R configured and shall mount in a standard device box. Units shall trip at 5 milliamperes of ground current and shall comply with NEMA WD-1-1.10 and UL 943. GFI receptacles shall be capable of individual protection as well as downstream protection. 2.10 Device Boxes, Junction Boxes, and Fittings A. Device Boxes (General Purpose - Indoors or Outdoors) Unless otherwise noted on the Drawings, device boxes shall malleable iron constructed with zinc or cadmium plating and enamel finish, minimum single gang size, deep box type, with treaded hubs and solid gasketed cover. Device boxes shall be properly sized for required circuitry or splicing Surface mounted boxes shall be furnished with mounting lugs. Where located outdoors, device boxes shall be waterproof. Device boxes shall be Grouse-Hinds FD, Appleton FD, or equal. B. Junction Boxes (General Purpose - Indoors or Outdoors) Unless otherwise noted on the Drawings, junction boxes shall be malleable iron constructed, rain tight, dust tight, minimum size 4"x4"x3", drilled and tapped or field installed with slip holes (alternate hub plates are acceptable). Junction boxes shall be properly sized for the number and sizes of conductors and conduit entering the box and required splicing Provide feet where necessary for surface mounting. Junction boxes shall be Grouse-Hinds WAB, Appleton RS, or equal. C Device Boxes (Wet or Corrosive Locations) Where specified on the Drawings, device boxes shall be constructed of 316 stainless steel, minimum single gang size, deep box type, with gasket and 316 stainless steel solid cover. Device boxes shall be properly sized for required circuitry or splicing. Surface mounted boxes shall be furnished with mounting lugs or feet Device boxes shall be NEMA 4X as manufactured by BEL Products, Inc., Gushing Manufacturing Co., or equal. D. Junction Boxes (Wet or Corrosive Locations) PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 30 of 51 E. Where specified on the Drawings, junction boxes shall be constructed of 316 stainless steel, with gasket and 316 stainless steel solid cover Junction box minimum size shall be 4"x4"x3". Junction boxes shall be properly sized for required circuitry or splicing Provide feet where necessary for surface mounting. Junction boxes shall be NEMA 4X as manufactured by BEL Products, Inc, Gushing Manufacturing Co , or equal Conduit fittings shall be provided where shown on the Drawings or required to facilitate installation of the electrical conduit and equipment. 1 Metallic fittings shall be constructed of malleable iron with zinc or cadmium plating and enamel finish, with gasket and cast cover Fittings shall be Condulet Type as manufactured by Grouse-Hinds, Appleton, or equal. 2. Non-metallic fittings shall be compatible with the non-metallic conduit used and shall be of the same manufacturer. 3 Fittings shall be of the shapes, sizes, and types required to facilitate installation or removal or conductors and cables from the conduit 4. Connectors, couplings, locknuts, bushings, and caps used with Rigid Steel conduit shall be threaded and thoroughly galvanized. Bushings shall be insulated. 5 Metallic conduit unions shall be "Erickson" couplings, or approved equal. Running threads are not acceptable. 6 Connectors for liquid-tight flexible metallic conduit shall be liquid tight with insulating bushings and provision for ground continuity. 2.11 Disconnect Switches A. Switch Interior Dead-front construction with hinged arc suppressor and-switch blades which are fully visible in the "OFF" position and with door open. B. Switch Mechanism Switches shall be quick-make and quick-break with arc quenching and ambient temperature compensated overload devices. Switch operating handle and mechanism shall be provided with a dual cover interlock to prevent unauthorized opening of the switch door in the "ON" position or closing the switch mechanism while the door is open. Switch operating handle shall be capable of being PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 31 of 51 padlocked in the "OFF" position Switches shall be manufactured by General Electric, Westmghouse, Square D, or equal C. Ratings Switches shall be horsepower rated for the operating voltage and with fused or non-fused arrangements as shown on the Drawings D. Enclosures Unless otherwise noted on the Drawings, for interior locations enclosures shall be NEMA 12 panels with hinged covers and padlockable hasps. Switches in exterior locations shall be provided with gasketed NEMA 3R enclosures with hinged covers and padlockable hasps. 2.12 Low-Voltage Cable Splices Low-voltage cable splices and terminations shall be rated at not less than 600 Volts. Splices in conductors No. 10 AWG and smaller shall be made with an insulated, solderless, pressure type connector, conforming to the applicable requirements of UL 486A. Splices m conductors No 8 AWG and larger shall be made with noninsulated, solderless, pressure type connector, conforming to the applicable requirements of UL 486A and UL 486B. Splices shall then be covered with an insulation and jacket material equivalent to the conductor insulation and jacket. Splices below grade or in wet locations shall be sealed type conforming to ANSI C119.1 or shall be waterproofed by a sealant- filled, thick wall, heat shrmkable, thermosettmg tubing or by pouring a thermosetting resin into a mold that surrounds the joined conductors 2.13 Miscellaneous Equipment and Material A. Concrete Anchors Type 304 (or better) stainless steel expansion anchors (wedge or sleeve) shall be used to for mounting all electrical conduit, boxes, and equipment. NO type of explosive anchor will be permitted B Conduit Straps Where specified on the Drawings, conduit straps shall be malleable iron constructed, one-hold type strap with cast clam-backs and spacers as required. C Channel (Unistrut) Supports Unless otherwise specified, support channel (Unistrut) shall be single strut type, 1-1/2" x 1-1/2", 12 gauge hot dipped galvanized steel with 17/32" diameter bolt holes on 1-1/2" centers PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 32 of 51 D. Nameplates Nameplates shall be provided for all electrical stations and equipment furnished by the Contractor. Nameplates shall be engraved laminated plastic, with 1/4" high white lettering on black background Nameplates shall indicate equipment and its function Nameplates shall be securely fastened with stainless steel drive screws or escutcheon pins. E. Panelboard Labeling Panelboard circuits shall be labeled clearly indicating which piece of equipment, outlet, lighting, receptacle, etc. is powered by the respective circuit Labeling shall be arranged in numerical order. F Conductor and Terminal Markers Conductor and terminal markers shall be self-adhering, pre-printed cloth or vinyl PART 3 - EXECUTION 3.01 General A. Prefabricated Material and Equipment Installation of all prefabricated items and equipment shall conform to the requirements of the manufacturer's specifications and installation instructions. When code requirements apply to installation of materials and equipment, the more stringent requirements, code, or manufacturer's specifications and installation instructions shall govern the work. B. Power Supplies to Mechanical Equipment 1 An electric power supply, including conduit, any necessary junction or outlet boxes, and conductors and connections shall be furnished and installed by Contractor for each item of mechanical equipment. 2. Circuit breakers or fused disconnect protection shall be provided for each separate item of mechanical equipment shown on the Drawings, or specified in the Basic or Technical Specifications. 3. Power supplies to individual items of equipment shall be terminated in a suitable outlet or junction box adjacent to the respective item of equipment, or a junction box provided by the manufacturer of the equipment. Sufficient lengths of conductor at each location shall be provided to permit connection to equipment without damaging the conductors. PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 33 of 51 3.02 Conduit Installation A General 1. Contractor shall install conduit and electrical equipment in locations that will cause minimal interference with the maintenance and removal of mechanical equipment. Conduits and connections are shown schematically on the Drawings Contractor shall run conduit in a neat manner parallel or perpendicular to walls and slabs, and wherever possible, installed together in parallel runs supported with Unistrut type support system All conduits shall be installed straight and true with reference to the adjacent work. 2 Unless noted otherwise on the Drawings, conduits shall be concealed in walls or in cast-in-place concrete slabs Concealed conduits shall be run in as direct a route as possible and with bends of large radii Floor penetrations shall be made only at specific approved locations; other penetrations are prohibited. Conduits shall be rigidly secured in position by means of approved clamps 3. Locations of conduit runs shall be planned in advance of the installation and coordinated with the ductwork, plumbing, ceiling, and wall construction in the same areas, and shall not unnecessarily cross other conduits or pipe, nor prevent removal of nor block access to mechanical or electrical equipment. 4 Unless noted otherwise on the Drawings, buried conduit shall be installed with a minimum of 24" cover All conduit trenches shall be compacted to a minimum of 90% relative compaction Compaction in the pipe zone shall be accomplished by water jetting imported sand, one sack sand slurry cement, or equal, placed to 6" above top of conduit. Buried conduit shall be installed using approved spacers and cradles, properly supported/anchored and at sufficient intervals to prevent movement during backfill operations (maximum spacing of five feet) Where change in direction is required, long radius elbows shall be installed. Prior to installation of conductors in underground conduits, a testing mandrel not less than six (6) inches long and with a diameter 1/4 inch less than the conduit diameter shall be drawn through after which a stiff bristle brush of the proper size for the conduits shall be drawn through until the conduits are free of all sand and gravel. 5 Unless noted otherwise on the Drawings, conduits cast in, under, or through concrete walls, slabs, or masonry walls shall be Rigid Steel 6. Unless noted otherwise on the Drawings, buried conduit shall be Rigid Non-Metallic or Rigid Steel Transition from PVC to Rigid Steel shall be made at the horizontal leg of the buried conduit bend. PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 34 of 51 7 Unless noted otherwise on the Drawings, exposed or above grade conduit shall be Rigid Steel. 8 Spare conduits shall extend a minimum of 3" above concrete slab or wall, and be provided with threaded cap and polyethylene pull rope with 100- pound (minimum) tensile strength 9. All conduits shall be tightly sealed during construction by use of conduit plugs or "pennies" set under bushings All conduit in which moisture or any foreign matter has collected before pulling conductors shall be cleaned and dried to the satisfaction of the Owner. 10 Conduits shall be securely fastened to cabinets, boxes, and gutters using locknuts (one inside and one outside enclosure for rigid conduit, one inside enclosure for EMT) and an insulating bushing or specified insulated connectors. Grounding bushings or bonding jumpers shall be installed on all conduits terminating at concentric knockouts. B. Rigid Steel Conduit Rigid Steel conduit installations below grade, and cast in, under, or through walls or slabs shall be double wrapped with 20-mil PVC tape Running threads and threadless couplings will not be acceptable Where necessary for connecting conduit, UL listed couplings or unions shall be used All ends and joints shall be reamed smooth after cutting C Electrical Metallic Tubing (EMT) EMT conduit shall only be installed where specifically shown on the Drawings EMT conduit, where specified, shall be furnished with weatherproof fittings. D Rigid Non-Metallic Conduit Unless noted otherwise on the Drawings, Schedule 40 PVC conduit may be used underground PVC conduits shall not be run exposed. E. Supports Exposed conduit shall be supported with channel supports spaced per NEC requirements (8'-0" maximum spacing) and within 18" of couplings, bends, boxes, etc., unless otherwise shown on the Drawings F Termination and Joints 1. Raceways shall be joined using specified couplings or transition couplings where dissimilar raceway systems are joined. PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 35 of 51 2. Conduit terminations exposed at weatherproof enclosures and cast outlet boxes shall be made watertight using approved connectors and hubs 3. Expansion couplings shall be installed where any conduit crosses a building separation or expansion joint, including joints in footings and gradebeams 4. Approved cable-sealing bushings shall be installed on all conduits originating from roof and terminating in switchgear, cabinets, or gutters inside the building. 5 Conduit bodies (Condulets) are not acceptable as enclosures for splices. 6. At all conduit terminations and boxes, conductors shall be protected by a fitting equipped with a plastic bushing having a smoothly rounded insulating surface. 3.03 Conductor and Cable Installation A. General 1. Conductors shall not be installed in conduit runs until all work is completed for each individual conduit run. Care shall be taken in pulling conductors such that insulation is not damaged. UL approved pulling compounds shall be used. 2 Unless noted otherwise on the Drawings, all conductors or cables shall be installed in conduit or electrical enclosures. 3 All cables shall be installed and tested in accordance with manufacturer's requirements and warranty. B. Splicing and Terminating 1. All aspects of splicing and terminating shall be in accordance with cable manufacturers published procedures. 2. All splices in outlet boxes with connectors as specified herein shall be made up with separate tails of correct color. At least six (6) inches of tails packed in box after splice is made up shall be provided. 3 All conductor and cable in panels, control centers and equipment enclosures shall be bundled and clamped. C. Identification PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 36 of 51 1. All branch-circuits shall be securely tagged, noting the purpose of each. Conductors shall be marked with vinyl wrap-around markers. Where more than two conductors run through a single outlet, each circuit shall be marked with the corresponding circuit number at the panelboard 2. Conductors size #6 AWG and larger shall be color coded using specified phase color markers and identification tags 3. All terminal strips shall have each individual terminal identified with specified vinyl markers 4. Inside of all junction box cover plates shall be identified via felt-tip pen or decal label, denoting the panel and circuit numbers and voltage contained in the box 5. All receptacles and switches shall be decal labeled on the plate, denoting the panel and circuit number D. Connections to Circuit Breakers. Switches, and Terminal Strips: Stranded Copper Conductors 1. #12 through 8 AWG: Conductor shall be terminated in locking tongue style, pressure type, compression lugs, unless clamp type connection for stranded conductor is provided with device. 2. #6 AWG and larger' Conductor shall be terminated in one-hole flat-tongue style, compression type lugs, or by connectors supplied by the manufacturer. E Joints in Conductors in Dry Locations. Copper Conductors 1 #8 AWG and smaller. Conductors shall be twisted and secured with cap or twist-on, expandable spring type solderless connectors 2. #6 AWG and larger. Conductor shall be joined with split bolt connectors or compression sleeves. Joints shall be insulated with rubber tape and protected with half-lapped layers of vinyl plastic electrical tape. Insulation may also be provided by UL listed pre-manufactured components such as heat-shrink or cold-shrink devices F Joints in Conductors in Moist Locations. Copper Conductors 1. #8 AWG and smaller: Conductor shall be securely joined as specified above, then encapsulated in epoxy (Scotchcast or approved equal). 2 #6 AWG and larger shall be joined as specified above, and suitably water treated PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 37 of 51 G. Grounding Enclosures of equipment, raceways and fixtures shall be permanently and effectively grounded. A code-sized, copper, insulated green equipment ground shall be provided for all branch circuit and feeder runs. Equipment ground shall originate at panelboard ground bus and shall be bonded to all switch and receptacle boxes and electrical equipment enclosures. Ground terminals on receptacles shall be connected to the equipment grounding conductor by an insulated copper conductor. 3.04 Installation of Boxes and Wiring Devices A General 1 All outlets shall be surface mounted with walls, ceilings, and floors, except where specified to be finish flush. 2. No unused openings shall be left in any box. Close-up plugs shall be installed as required to seal openings. 3 Exposed outlet boxes and boxes in damp and wet locations shall be provided with gasketed cast metal cover plates. B. Box Layout 1. Outlet boxes shall be installed at the locations and elevations shown on the drawings or specified herein. Adjustments to locations shall be made as required by structural conditions and to suit coordination requirements of other trades 3.06 Protection Conduits, junction boxes, outlet boxes, and other openings shall be kept closed to prevent entry of foreign matter. Fixtures, equipment, and apparatus shall be covered and protected against dirt, paint, water, chemical or mechanical damage, before and during the construction period. Damaged fixtures, apparatus, or equipment shall be restored to original condition prior to final acceptance, including restoration of damaged shop coats of paint Brightly finished surfaces and similar items shall be protected until in service. No rust or damage will be permitted. 3.07 Workmanship A Preparation, handling, and installation shall be in accordance with manufacturer's written instructions and technical data particular to the product specified and/or approved, except as otherwise specified. PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 38 of 51 B. Work shall be furnished and placed in coordination and cooperation with other trades. C. Work shall conform to the National Electrical Contractor's Association Standard of Installation for general installation practice. END OF SECTION. PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 39 of 51 BASIC STRUCTURAL STEEL AND MISCELLANEOUS METAL WORK SPECIFICATIONS PART 1 - GENERAL 1.01 General Requirements Contractor shall furnish all labor, equipment, and material and perform all operations necessary for fabrication, construction, and installation of structural and miscellaneous metal specified Where miscellaneous metal and equipment items are required to fit spaces previously constructed, measurements for the fabrication of such items shall be made at the site so that items fit as required. Standard commercial products which meet general requirements, and vary only in nonessential detail, will be acceptable, subject to Owner's approval. All work shall be executed and finished in accordance with approved shop drawings and conform with the best practice required to produce the highest grade construction. Contractor shall be solely responsible for errors of fabrication and correct fitting of structural members shown on the shop drawings. 1.02 Quality Assurance Unless otherwise specified, all work specified in the Contract Documents shall comply with requirements of the following specifications and codes: A Steel Work Fabrication and erection of structural steel shall be in accordance with AISC "Specification for the Design, Fabrication, and Erection of Structural Steel for Buildings," and "Code of Standard Practice for Steel Buildings and Bridges", latest editions B Aluminum Work Fabrication and erection of aluminum shall be in accordance with the applicable requirements of Chapter 28 of the Uniform Building Code, latest edition, and herein referenced standards of the Aluminum Association C Welding Inspection All welding of structural steel assemblies shall be performed under continuous inspection of a "Special Inspector" selected by the Owner. Should such fabrication be performed in the shop of a licensed fabricator approved by the PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 40 of 51 governing Building Official, only the field welding of structural steel assemblies will be required to be performed under continuous inspection of the "Special Inspector". Contractor shall notify inspector at least 24 hours in advance of needed inspections Contractor shall provide copies of Inspection Reports for Owner 1.03 Submittals A Shop Drawings Contractor shall submit shop drawings for approval before fabrication of any of the work. Shop drawings shall show complete fabrication details with material lists, including all welds, fabrication and finish details, and shop painting In approved shop drawings, the Owner does not assume responsibility for accuracy of the work relative to other components as constructed. Also refer to applicable requirements hereafter specified in paragraph "Substitutions" All dimensions shall be field verified by the Contractor prior to fabrication. B Test Reports Contractor shall furnish notarized certified physical and chemical mill test reports for material used for major structural members. All tests shall be performed in accordance with applicable ASTM Standards. C Shop Painting Data In coordinated manner with requirements for Painting and Protective Coatings, Contractor shall submit product list with product data sheets of intended shop coats which, for compatibility, shall be the same products and manufacturer as those field-applied systems specified in the Basic Painting Specifications. PART 2 - PRODUCTS 2.01 Materials - General Materials shall be new, sound, and shall comply with the following: A. Steel Rolled shapes, plates, and bars shall conform to AISC "Manual of Steel Construction" and ASTM Specification A-36, latest editions. 1. Stainless Steel Unless otherwise designated or approved, Contractor shall use Type 316 stainless steel alloy conforming to ASTM A-167 and ASTM A-276, latest editions, for plates and bars PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 41 of 51 2. Steel Pipe Material shall conform to ASTM A-53, Grade B seamless galvanized as required, Schedule 40 B Cast Iron Material shall conform to ASTM A-48, Class 30, except as specifically designated otherwise. C. Ductile Iron Material shall conform to ASTM A-536 using grade 60-40-18 or better, except as specifically designated otherwise. D. Aluminum 1. All plate, pipe, and structural shapes shall be new and shall conform to ASTM B209 (Plate), B308 (Shapes), B429 (Pipe and Tubing), B211 (Bar Stock), and applicable Federal Specifications for 6061-T6 alloy, unless otherwise designated. 2. Aluminum pipe rail shall be of 6061-T6 alloy and be Schedule 40 or greater. 3. Alloys and tempers for various members where not otherwise designated, shall be as required for proper forming and fabrication to meet or exceed structural requirements, and shall be of alloys specially produced to best achieve specified color anodized finishes. Contractor shall provide supporting printed recommendations from parent aluminum producer. For sheet fabricated members Contractor shall use only homogenous aluminum products and no clad products. 4 Contingent upon alloys being welded, Contractor shall use only inert gas shielded arc or resistance welding process with filler alloys as specified in the UBC Contractor shall not use any process requiring a welding flux. E. Common Bolts Except as otherwise designated or specified, bolts shall be standard commercial quality steel units conforming to ASTM A-307; galvanize where used with galvanized work. F. High Strength Bolts & Studs PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 42 of 51 Except as otherwise designated or specified, bolts shall conform to ASTM A325; studs shall conform to ASTM A449; nuts shall conform to ASTM A194, 2H heavy hex; washers shall conform to ASTM F436 They shall be galvanized where specified or where used with galvanized steel G. Stainless Steel Bolts Except as otherwise designated or specified, bolts, cap screws, and studs shall be Type 316L conforming to ASTM F-593; nuts shall conform to ASTM F-594. H. Deferred Bolting Devices (Noted D.B.D. or Expansion Anchor on Contract Drawings) Deferred bolting devices shall be used in lieu of anchor bolts only where specifically noted or detailed, they shall be installed in accordance with current I.C.B.O Research Report Approval and shall consist of the following. 1. D.B.D. shall be Molly Parabolt Concrete Anchors, Phillips Wedge Anchors, Hilti Anchors, or approved equal. 2. D.B.D. shall not be used for anchorage of any vibrating machinery or equipment I. Galvanizing 1. Iron and Steel Galvanizing shall conform to ASTM A123, with minimum weight per square foot of 1 25 ounces. 2. Ferrous Metal Hardware Items Galvanizing shall conform to A153, with average coating weight of 1.25 ounces per square foot. 3 Touch-Up Material for Galvanized Coatings Galvanized coatings marred or damaged during erection or fabrication shall be repaired by use of DRYGALV as manufactured by the American Solder and Flux Company, Galvalloy, Galvion, or equal, applied in accordance with the manufacturer's instructions. J. Welding Electrodes 1 Steel Electrodes PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 43 of 51 Contractor shall use E70XXX rod for shielded metal arc welding conforming to AWS A5 1 or A5.5 and F7X-EXXX for submerged arc welding conforming to AWS A5 17. For steel alloys other than ASTM A- 36 and A-53, Contractor shall use electrodes recommended in writing by AWS and by the parent steel manufacturer. 2. Aluminum Electrodes Contingent upon alloys being welded, Contractor shall use only inert gas shielded arc or resistant welding process with filler alloys conforming to U.B C. Standard No. 28, Table 28-1-C. Contractor shall not use any process requiring a welding flux. 3. Stainless Steel Electrodes Contractor shall weld stainless steel with electrodes and by techniques specified in pertinent AWS A5 Series Specification, and as recommended in Welded Austenitic Chromium-Nickel Stainless Steel Techniques and Properties as published by the International Nickel Company, Inc., New York, N.Y K. Shop Prime Paint To assure compatibility with field-applied paint or coating systems, for ferrous metals other than stainless steel, galvanized steel, and cast iron, Contractor shall use same shop prime paint product and manufacturer as painting or protective coating system intended for field application specified in the Basic Painting Specifications Contractor shall not shop prime portions of work immediately adjacent to intended field welds or portions intended for embedment in concrete. L Storage of Materials Structural material, either plain or fabricated, shall be stored above ground upon platforms, skids, or other supports Material shall be kept free from dirt, grease, and other foreign matter and shall be protected from corrosion. PART 3 - EXECUTION 3.01 Fabrication A Workmanship shall conform to AISC specifications, latest edition. Work shall conform to the Contract Documents and approved shop drawings Work shall be performed by Fabricator approved by governing Code Authorities. Aluminum work shall conform to the applicable requirements of "Specifications for Aluminum Structures, Aluminum Construction Manual" of the Aluminum Association, latest edition. PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 44 of 51 1 Shop connections shall be welded or bolted unless otherwise indicated. 2 Insofar as possible, Contractor shall fit and assemble all work in shop, ready for erection. B Members 1. All members shall be free from twists, kinks, buckles, or open joints. 2. All members, holes, and their spacing shall be so accurately made that, when assembled, the parts shall come together and bolt without distortion. 3. Parts assembled with bolts shall be in close contact, except where separators are required. Where unlike metals are in contact, Contractor shall insulate as necessary to prevent corrosion. 4. Bearing surfaces shall be planned to true beds. Abutting surfaces shall be closely fitted. Steel requiring accurate alignment shall be provided with slotted holes and/or washers for aligning the steel members. C Welding 1 Welding in shop and field shall be done by operators who have previously been qualified by tests, as prescribed in the American Welding Society, "Standards Qualifications Procedure" All welds shall exhibit characteristics required by AWS D1.0. 2. All welds shall be made with E70-XX classification mild or low-alloy steel covered arc-welding electrodes conforming to AWS A5.1 and A5.5 Specifications for filler metal, except as otherwise designated on Structural Drawings and except as otherwise recommended by AWS and AISC for welding high strength steel alloys other than ASTM A36 and A53 Steels. 3. All steel, before being fabricated, shall be thoroughly wire brushed, cleaned of all scale and rust, and thoroughly straightened by approved methods that will not injure the materials being used. Welding shall be continuous along the. entire line of contact except where tack or intermittent welding is permitted by Engineer. Where exposed, welds shall be cleaned of flux and slag and ground smooth. 4 Welding of aluminum shall conform to the applicable requirements of Uniform Building Code, Chapter 28 and to the detail requirements of "Welding Aluminum" by the American Welding Society and the Aluminum Association. 3.02 Erection PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 45 of 51 A. Erection shall include the installation and erection of all steel referred to in this Basic Specification. Contractor shall verify correctness before starting erection. Erection shall be performed in accordance with the latest edition of AISC Code of Standard Practice. B. As erection progresses, Contractor shall securely bolt up all members to take care of all dead-load, wind, and erection stresses. C Contractor shall not perform final bolting or welding until each portion of the structure has been properly aligned and plumbed. D Contractor shall insure bolts are drawn up tight and threads set so that nuts cannot become loose. E Damaged Members During erection, members which are bent, twisted, or damaged shall be straightened or replaced by Contractor as directed If heating is required in straightening, heating shall be done in the presence of the inspector and a heating method shall be used which will ensure uniform temperature throughout the entire member Members, which, in the opinion of the Owner, are damaged to an extent impairing their appearance, strength, or serviceability, shall be removed and replaced with new members by Contractor. F. Anchor Bolts and Anchors Anchor bolts and anchors shall be properly located and built into connection work in accordance with the Contract Documents. Bolts and anchors shall be preset by the use of templates or such other methods as may be required to locate the anchors and anchor bolts accurately. Embedded anchor bolts that are submerged in process water or sludge, or are in enclosed tanks or spaces exposed to process gas or moisture, shall be Type 316 stainless steel with nuts of the same material To such stainless steel bolts Contractor shall apply a non- oxidizmg lubricant grease before bolting using a molybdenum disulphide grease compound or a NO-OX-10 type compound. Specialty anchoring systems shall be as specified or shown on Construction Drawings. H. Substitutions Unless otherwise directed, the exact sections, shapes, thicknesses, sizes, weights, and the details of construction shown for the structural steelwork shall be furnished as specified in the Contract Documents; however, Contractor, because of his stock or shop practices, may suggest substitutes if the net section area is not thereby reduced, if the section properties are at least equivalent, and if the overall dimensions are not exceeded. All substitutions or other deviations PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 46 of 51 from Contract Drawings and/or Specifications shall be specifically noted or "clouded" on the shop drawing submittals. I. Flame Cutting Contractor shall not flame cut with a gas cutting torch in the field to correct fabrication errors on any major member in the structural framing Contractor may flame-cut on minor members, when the member is not under stress, and then only following Owner's approval. J. Dissimilar Metals Contractor shall isolate aluminum from contact with dissimilar metals and materials, other than stainless steel, as follows: 1. Metals Contractor shall apply on contact surfaces a heavy brush coat of approved zinc chromate primer made with a synthetic resin vehicle, followed by two brush coats of approved aluminum metal and masonry paint or a heavy coat of approved alkali-resistant bituminous paint. Alternatively, Contractor may separate surfaces with a non-absorptive tape or gasket. 2. Masonry. Concrete, or Plaster Contractor shall apply a heavy brush coat of approved, alkali-resistant bituminous paint, or separate surfaces with non-absorptive tape or gasket. 3. Moisture-Absorbent Materials and Preservativelv Treated Wood Contractor shall paint such absorbent materials with two coats of approved aluminum house paint and protect aluminum contact surfaces with bituminous paint. END OF SECTION. PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 47 of 51 BASIC BUILT UP ROOFING SPECIFICATIONS SECTION 07500 BUILT UP ROOFING PART 1 - GENERAL 1.01 Description of Work A. Scope: 1. The extent of the Built-Up Roof system work is indicated by the provisions of this Section and as specified in the following sections. A. Section 07600 Sheet Metal Components B System Description: 1. The new roof shall consist of a four ply built-up roof, one layer Type G2 fiberglass base sheet, mechanically attached to wood substrate, three Type IV fiberglass ply sheets mopped to the base sheet with gravel surfacing. 2. Related products and systems are specified in Section 07500, Part 2 - Products, Materials. C Special Conditions 1. Provide GAP 10 year no dollar limit warranty. Adhere to all requirements of GAP to obtain warranty. PART 2 - PRODUCTS 2.01 Acceptable Manufacturers A. The following roofing and flashing specifications are based on GAP Materials Corporation, two year installer warranty, Ten year NO DOLLAR LIMIT roofing and flashing systems 1. Primary Built-Up Roof products- A GAP Materials Corporation or approved equal (Johns Manville, Malarkey, Tamko) 2.02 Sheet Materials PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 48 of 51 A. Base Sheet- Gafglas #75 base sheet, Type G2, ASTM D-4601, Type II as manufactured by GAP Materials Corporation, or approved equal. B. Ply Sheets: GafGlas Ply IV, ASTM D-2178, Type III as manufactured by GAP Materials Corporation or approved equal C. Modified Bitimen: Ruberoid granulated modified bitumen as manufactured By GAP Materials Corporation or approved equal 2.03 Bituminous Materials A. Asphalt Primer ASTM D-41-85. B. Plastic Roof Cement ASTM D-4586-86. C. Asphalt ASTM D-312-84 Type III 2.04 Cant Strips A. Cant Strips, fiberboard perlite, (inorganic), shall be pre-formed to 45 degree angle. 2.05 Fasteners A. 1" large head nails, Simplex or approved equal with minimum 1" head, ply to nailer assembly only. 2.06 Pitch Pan Sealant A. Gibson-Holman #PC502 neoprene sealant. Apply recommended primer as required by manufacturer PART 3 - EXECUTION 3.01 Roof Preparation A. The work includes but is not limited to complete removal of the existing roofing system, base flashings, underlayment, flanged metal, etc down to the bare deck. A complete removal is specified in this manual all materials shall be removed. The Contractor, prior to commencement of roofing work shall complete the removal B. Prior to commencement of the new roofing material installation, the Contractor shall ensure the Owner that the substrate is ready to accept the new roofing materials in accordance with the specifications, and the Contractor can comply with the Contract Documents. If any deficiencies are noted at the time of removal the Contractor shall PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 49 of 51 notify the Owner, prior to installation of new roofing materials Proceeding without the consent of the Owner shall be the responsibility of the Contractor Material installed prior to the Owner approval on substrates which are damaged, or otherwise unacceptable, may be deemed as non-compliance with the Contract Documents and be removed and replaced after proper deck and substrate corrections have be completed at the expense of the Contractor C. The Contractor shall make a site inspection prior to installation of new roofing materials, to ensure a clean, safe application operation. Any damages to the exterior of the building or finished surfaces which are not documented by the Contractor prior to the commencement of installation of the new roofing materials shall become the responsibility of the Contractor, and shall be corrected at the Contractor's expense D The Contractor shall examine the roof dram assemblies to determine the proper height of the flange on the horizontal plane of the roof. If the tear-off of the existing roof requires the drains to be lowered to accept drainage water, the Contractor shall notify the Owner of his findings 3.02 Installation of Base Sheet A Starting at the low point of the roof, lay one ply base sheet lapping each sheet 2" on side laps, 6" at end laps. Nail base sheet in accordance with U B.C (Uniform Building Code). 3.03 Application of Ply Sheets A. Embed three plies of roof ply sheet as specified m shingle fashion. Starter sheets are required to lap the previous sheet 12" into uniform moppings of solid asphalt, using 25 to 30 lb/100sq.ft per ply. B Starter plies should be cut to dimensions so as to preclude coincident side laps to the base ply. Plies may be left up to six months without coating 3.04 Application Flood Coat and Gravel: A Flood coat entire roof surface with nominal 60 Ibs. Per 100 square foot hot asphalt While still hot embed clean, dry 3/8" gravel at the rate of 400# per 100 square feet, assure adequate embedment during gravel application 3.05 Flashing Installation A General Flashing Specification: 1. All flashings must be completed daily, unless other building trades interfere with installation PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 50 of 51 2. All flashings not specifically detailed herein will be applied pursuant to GAF Materials Corporation B. Contractor shall install flashing at vertical wall and curb surfaces that abut the roof system in the following manner: 1. Apply modified bituminous vertical flashing systems as required by GAF Materials Corporation. 2 Attach cant using hot asphalt or flashing cement or use mechanical fasteners, at the 90 degree juncture of the vertical and horizontal planes. 3 Run specified roofing plies a minimum of 2" above the cant on the face of the vertical surface 4. Embed specified number of plies at curb base flashings and wall base flashings, in hot asphalt using 25 to 45 Ib/psf A uniform layer of flashing cement may be substituted for hot asphalt. Lap ply 3" minimum with additional cap sheet with minimum 12" from preceding ply. Run first ply from top of nailer to a minimum of 2" beyond the toe of the cant. Extend succeeding plies a minimum of 1" above and further on deck than the last ply laid. 5. Completely bond all flashings to the underlying surface without any looseness, bubbles, voids at roof to base flashing junctures. Remove and replace any loose or wrinkled flashings. No exposed nails or fasteners shall be allowed to be exposed to the elements in the finished flashing detail. 3.06 Safety Measures A. Each work area should have a fire extinguisher available to the crew readily available. B Always secure and check all fittings and hoses on any propane, kerosene operated heating equipment for leaks. Leak test with soapy water suspected leaking hoses or fittings or burners. C. Check all propane or kerosene heating devices and related materials for hot, smoldering conditions prior to leaving the jobsite for the day. D. Never leave connected equipment unattended where unauthorized persons may tamper with or activate such equipment. E. Adhere to all federal, state and local safety codes and requirements. F. The Owner shall provide adequate and approved systems for attachment of safety lines as required by CAL-OSHA. END OF SECTION. ^\ PKS 07-03 HOLIDAY PARK GAZEBO RENOVATION 51 of 51 \. J