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Home My WebLink AboutMark Sauer Construction Inc; 2008-10-17; PWS08-31PKS4 RECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: DOC # 2009-0592203 OFFICIAL RECORDS SkN DlECiO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 PAGES: 1 City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 Space above this line for Recorder's use. PARCEL NO: NIA 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 July 19, 2009. 6. The name of the contractor for such work or improvement is Mark Sauer Construction, 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: Leo Carrillo Ranch Barn Stabilization, Project No. 3961 1. 8. The street address of said property is in the City of Carlsbad. ClTY OF CARLSBAD VERIFICATION OF ClTY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Council of said City on ~& 2-U , 2009, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct Executed on 1 , 2009, at Carlsbad, California. ClTY OF CARLSBAD A~#19,997 Resolution No. 2009-254 ti!Jk!@%u1* % Morgen fry DQ-~U~- CkrL CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL, AND TECHNICAL PROVISIONS FOR LEO CARRILLO RANCH BARN STABILIZATION CONTRACT NO. 39611 June 16,2008 BID NO. PWS08-31PKS Revised 11/01/06 Contract No. 39611 Page 1 of 100 Pages INFORMATION TO BIDDERS Questions on the bid documents during the bid period shall be submitted in writing, via facsimile, solely to: Liz Ketabian, Park Planner Fax No. 760-434-5088 Questions shall be definite and certain and shall reference applicable drawing sheets, notes, details, or specification sections. The cut off date to submit questions regarding this project is 5:00 PM, July 21, 2008. No questions will be entertained after that date. The answers to questions submitted during the bidding period will be published in an addendum and provided to those bidding on the project 1 week prior to bid opening. For additional information concerning questions on the bid documents, refer to Notice Inviting Bids, page 6. TABLE OF CONTENTS Item Notice Inviting Bids 6 Contractor's Proposal 11 Bid Security Form 16 Bidder's Bond to Accompany Proposal 17 Guide for Completing the "Designation Of Subcontractors" Form 19 Designation of Subcontractor and Amount of Subcontractor's Bid Items 21 Bidder's Statement of Technical Ability and Experience 22 Bidder's Certificate of Insurance for General Liability, Employers' Liability, and Automotive Liability and Workers' Compensation 23 Bidder's Statement of Re Debarment 24 Bidder's Disclosure of Discipline Record 25 Non-Collusion Affidavit to Be Executed by Bidder and Submitted with Bid 27 Contract Public Works 28 Labor and Materials Bond 34 Faithful Performance/Warranty Bond 36 Optional Escrow Agreement for Surety Deposits in Lieu of Retention 38 Revised 11/01/06 Contract No. 39611 Page 2 of 100 Pages GENERAL PROVISIONS Section 1 Terms, Definitions, Abbreviations and Symbols 1-1 Terms 41 1-2 Definitions 41 1-3 Abbreviations 46 1-4 Units of Measure 48 Section 2 Scope and Control of The Work 2-1 Award and Execution of Contract 50 2-2 Assignment 50 2-3 Subcontracts 50 2-4 Contract Bonds 51 2-5 Plans and Specifications 52 2-6 Work to be Done 55 2-7 Subsurface Data 55 2-9 Surveying 55 2-10 Authority of Board and Engineer 56 2-11 Inspection 56 Section 3 Changes in Work 3-1 Changes Requested by the Contractor 56 3-2 Changes Initiated by the Agency 57 3-3 Extra Work 57 3-4 Changed Conditions 59 3-5 Disputed Work 61 Section 4 Control of Materials 4-1 Materials and Workmanship 63 4-2 Materials Transportation, Handling and Storage 67 Section 5 Utilities 5-1 Location 68 5-2 Protection 68 5-3 Removal 69 5-4 Relocation 69 5-5 Delays 70 5-6 Cooperation : 70 Section 6 Prosecution, Progress and Acceptance of the Work 6-1 Construction Schedule and Commencement of Work 70 6-2 Prosecution of Work 74 6-3 Suspension of Work 75 6-4 Default by Contractor 75 6-5 Termination of Contract 75 6-6 Delays and Extensions of Time 76 6-7 Time of Completion 76 6-8 Completion, Acceptance, and Warranty 77 6-9 Liquidated Damages 77 Revised 11/01/06 Contract No. 39611 Page 3 of 100 Pages Section 7 Responsibilities of the Contractor 7-1 Contractor's Equipment and Facilities 78 7-2 Labor 78 7-3 Liability Insurance 79 7-4 Workers' Compensation Insurance 79 7-5 Permits 79 7-6 The Contractor's Representative 70 7-7 Cooperation and Collateral Work 80 7-8 Project Site Maintenance 80 7-9 Protection and Restoration of Existing Improvements 82 7-10 Public Convenience and Safety 82 7-11 Patent Fees or Royalties 83 7-12 Advertising 83 7-13 Laws to be Observed 83 7-14 Antitrust Claims 83 Section 8 Facilities for Agency Personnel 8-1 General 84 Section 9 Measurement and Payment 9-1 Measurement of Quantities for Unit Price Work 84 9-2 Lump Sum Work 84 9-3 Payment 84 TECHNICAL SPECIFICATIONS SUPPLEMENTAL PROVISIONS TO PART 2, AND 3 OF THE SSPWC Part 2 Construction Materials Section 200 Rock Materials 200-1 ' Rock Products 88 200-2 Untreated Base Materials 89 Section 201 Concrete, Mortar and Related Materials 201-1 Portland Cement Concrete 90 201-3 Expansion Joint Filler and Joint Sealants 90 Section 204 Lumber and Treatment with Preservatives 204-1 207-25 Lumber and Plywood 91 Section 207 Pipe Underground Utility Marking Tape 91 Section 210 Paint and Protective Coatings.92 Section 213 Engineering Fabrics 213-2 Geotextiles 92 213-3 Erosion Control Specialties 92 PART 3 Construction Methods Section 300 Earthwork 300-2 Unclassified Excavation 93 300-3 Structure Excavation and Backfill 95 300-9 Geotextiles for Erosion Control and Water Pollution Control 95 300-13 Storm Water Pollution Prevention Plan 96 Revised 11/01/06 Contract No. 39611 Page 4 of 100 Pages Section 301 301-1 Treated Soil, Subgrade Preparation and Placement of Base Materials Subgrade Preparation 99 Section 303 Concrete and Masonry Construction. 303-1 Concrete Structures 99 303-2 Air-Placed Concrete 99 Section 306 Underground Conduit Construction 306-1 Open Trench Operations 100 306-5 Abandonment of Conduits and Structures 100 Section 310 Painting 310-5 Painting Various Surfaces 100 Part 4- CSI Formatted Specifications DIVISION 1 Section 01322 Section 01330 Section 01351 Section 01732 DIVISION 3 Section 0330 DIVISION 4 Section 04860 Section 04902 DIVISION 6 Section 06100 Section 06201 DIVISION 7 Section 07317 Section 07620 DIVISION 8 Section 08710 DIVISION 9 Section 09900 APPENDIX A APPENDIX B GENERAL REQUIREMENTS Photographic Documentation Submittal Procedures Special Procedures for Historic Treatment Selective Demolition CONCRETE Cast in Place Concrete MASONRY Stone Masonry Stone Restoration and Cleaning WOODS AND PLASTICS Rough Carpentry Exterior Finish Carpentry THERMAL AND MOISTURE PROTECTION Wood Shingles Sheet Metal Flashing and Trim DOORS AND WINDOWS Door Hardware FINISHES Painting Preservation Briefs by the U.S. Department of the Interior, National Parks Service. Preservation Brief 20: The Preservation of Historic Barns Barn Stabilization Structural Calculations- Melvin Green & Associates Revised 11/01/06 Contract No. 39611 Page 5 of 100 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 2:00 PM on July 31 2008, 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: All labor materials, equipment and other associated items for the repair and replacement of a historic wood barn structure, including but not limited to the following: foundation walls, footings, structural bracing for walls, concrete flooring, roofing and restorations of wood cupola, exterior stairs, and entry doors. All work shall be done in accordance with The Secretary of the Interior's Standards for the Treatment of Historic Properties. Work under this contract shall also include minimal site grading and drainage improvements. LEO CARRILLO RANCH BARN STABILIZATION CONTRACT NO. 39611 INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the Engineering_Department. The specifications for the work include City of Carlsbad Technical Specifications and the Standard Specifications for Public Works Construction, Sections 2 & 3, 2006 Edition, and any and all supplements thereto, all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association, as amended. Specification Reference is hereby made to the plans and specifications for full particulars and description of the work. The General Provisions (Part 1) to the SSPWC do not apply. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. Revised 11/01/06 Contract No. 39611 Page 6 of 100 Pages BID DOCUMENTS The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure Of Discipline Record 10. Escrow Agreement for Security Deposits -(optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate for the Barn Stabilization Construction is $350,000. TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIALTY CONTRACTORS: The project requires pre-qualification of the Contractors and Sub-Contractors to assure experience with historic projects and The Secretary of the Interior's Standards for the Treatment of Historic Properties. A copy is attached at the end of the project CSI Specifications in the Construction Contract Booklet, as Appendix "A". All Contractors must submit required experi- ence/qualifications at the mandatory Pre-Bid Meeting. No bids will be accepted from any firm which has not complied with this requirement. As a minimum the bidder should have the following experience: 1. The General Contractor shall have completed a minimum of five (5) separate projects under The Secretary of the Interior's Standards for the Treatment of Historic Properties. 2. All Sub-Contractors shall have completed a minimum of one (1) project under The Secretary of the Interior's Standards for the Treatment of Historic Properties. Revised 11/01/06 Contract No. 39611 Page 7 of 100 Pages ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does involve the use of federal funds. The following classifications are acceptable for this contract. Classification A B Description General Engineering General Building ESCROW AGREEMENT 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. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $ 50.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit, via fax, to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. Revised 11/01/06 Contract No. 39611 Page 8 of 100 Pages The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. PRE BID MEETING A pre-bid meeting and tour of the project site will be held at 10:00 AM. July 16. 2008 at the project site, Leo Carrillo Ranch Historic Park, 6200 Flying LC Lane, Carlsbad, CA, 92009. The meeting and tour of the project will begin at the west end of the main parking lot. Because of the nature of this project, attendance at the pre-bid meeting and walk-thru is mandatory. COMPUTATION OF BIDS All bids are to be computed on the basis of a lump sum bid, as indicated in this proposal. In case of a discrepancy between words and figures, the words shall prevail. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. ADDENDUMS Bidders are advised to verily the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. These bonds shall be kept in full force and effect during the course of this project, and shall extend in full force and effect and be retained by the City until they are released as stated in the General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City Revised 11/01/06 Contract No. 39611 Page 9 of 100 Pages does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2008-080, adopted on the 18™ day of March, 2008. June 20, 2008 Date Deptfty City Clerk Revised 11/01/06 Contract No. 39611 Page 10 of 100 Pages CITY OF CARLSBAD LEO CARRILLO RANCH BARN STABILIZATION CONTRACT NO. 39611 CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 3961 1 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment therefore the following unit prices for each item complete, to wit: Total amount of lump sum bid in words for entire Barn Stabilization Project:' Total amount of lump sum bid in numbers for entire Barn Stabilization Project: $ 3£^/g*30 The basis of award will be on the lowest responsive lump sum bid submitted for the project. In addition, award of contract includes pre-qualification requirements as outlined in the General Provisions, Section on Specialty Contractors, (page 8). Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). / "T"" L-~ proposal. has/have been received and is/are included in this OPENED, WITNESSED AND DATE SIGNATURE" Revised 11/01/06 Contract No. 39611 Page 11 of 100 Pages The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do business or act in the capacity of a contractor within the State of California, validly licensed under license number SfloSVZ- , classification **"8 which expires on /<>/3//£OK) , and that this statement is true and correct and has the legal effect of an affidavit. A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally 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 Q^O "OOA^£!> (Cash, Certified Check, Bond or Cashier's Check) for ten percent (To %) 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. Revised 11/01/06 Contract No. 39611 Page 12 of 100 Pages Check A License: Contractor's License Detail Page 1 of2 „*««*•. Skip to: CSLB Home | Content | Footer | Accessibility Search CSLB Department of Consumer Affairs • tj IGOV Contractors State License Board JDIIRNPWBt m PUitlC WORKS m 0? GENEBAL INFO About CSLB CSLB Newsroom Board and Committee Meetings Disaster Information Center CSLB Library Frequently Asked Questions Online Services . Check A License or HIS Registration « Filing a Construction Complaint • Processing Times • Check Application Status . Search for a Surety Bond Insurance Company . Search for a Workers' Compensation Company How to Participate £i-j DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. . CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. . Per B&P 7071.17. only construction related civil judgments reported to the CSLB are disclosed. . Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. . Due to workload, there may be relevant information that has not yet been entered onto the Board's license database. License Number: Business Information: Entity: Issue Date: Reissue Date: Expire Date: License Status: Classifications: Bonding: 500572 Extract Date: 07/31/2008 MARK SAUER CONSTRUCTION INC 19712 TEMESCAL CANYON ROAD CORONA, CA 92881-8438 Business Phone Number: (951) 279-4245 Corporation 10/27/1986 05/20/1996 05/31/2010 This license is current and active. All information below should be reviewed. CLASS DESCRIPTION B GENERAL BUILDING CONTRACTOR CONTRACTOR'S BOND This license filed Contractor's Bond number 639573 in the amount of $12,500 with the bonding company SURETY COMPANY OF THE PACIFIC. Effective Date: 01/01/2007 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) MARK FREDERIC SAUER certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of http://www2.cslb.ca.gov/General-Information/interactive-tools/check-a-lic... 07/31/2008 Check A License: Contractor's License Detail Page 2 of2 Workers' Compensation: Miscellaneous Information: qualifying individual is not required. Effective Date: 05/20/1996 This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 238-0010064 Effective Date: 06/01/2008 Expire Date: 06/01/2009 Workers' Compensation History DATE DESCRIPTION 05/20/1996 LICENSE REISSUED TO ANOTHER ENTITY Personnel List Consumers | Contractors | Applicants | Journeymen | Public Works | Building Officials | General Info CSLB Home | Conditions of Use | Privacy | Contact CSLB Copyright © 2007 State of California http://www2.cslb.ca.gov/General-Information/interactive-tools/check-a-lic... 07/31/2008 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 City and State (4) Zip Code Telephone No. (5) E-Mail (Street and Number) 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 (Street and Number) Telephone No. Revised 11/01/06 Contract No. 39611 Page 13 of 100 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted // / (2). (Title) (Street an (3) Incorporated under the laws of the State of (4) Place of Business City and State (5) Zip Code / £-&£?/ Telephone No. (6)1 Impress Corporate Seal here S"V NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED Revised 11/01/06 Contract No. 3961 1 Page 14 of 100 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Dat before me,tOfl<f personally appeared £ (LUJiY Here Insert Name and TitleSrf the Office (frU4 r / I Name(s) of Signerfs) SARAI TORREBLANCA Commission* 1684796 Notary Public - California Riverside County My Comm. Expires Jul 29,201 who proved to me on the basis of satisfactory evidence to be the person(#£whose namej^jp/are subscribed to the within instrument and acknowledged to me that /tt§tehe/they. executed the s^rne i^Qjjjl/her/their authorized capacityj)^), and that bChj^her/their signature^ on the instrument the person(?5for the entity upon behalf of which the persorj^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature. OPTIONAL - Signature ofNotary Public Though the information below is not required by law, it may prove valuable ttrfiersons 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: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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. 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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here 62007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 •Chatsworth.CA 91313-2402-wviw.NationalNotary.org Item #5907 Reorder:Call Toll-free 1-800-676-6827 List below names of president, vice president, secretary and assistant secretary, if a corporation; if a partnership, list names of all general partners, and managing partners: I/P Revised 11/01/06 Contract No. 39611 Page 15 of 100 Pages BID SECURITY FORM (Check to Accompany Bid) LEO CARRILLO RANCH BARN STABILIZATION CONTRACT NO. 39611 (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 11/01/06 Contract No. 39611 Page 16 of 100 Pages 1 I I I I I I I I- I I I I I I I r BIDDER'S BOND TO ACCOMPANY PROPOSAL LEO CARRILLO RANCH BARN STABILIZATION CONTRACT NO. 39611 KNOW ALL PERSONS BY THESE PRESENTS: MflBr BAMPD PP,N«rtWlPTTftN TKIT r, • , DE^ELQPE^^ SJgElY ANDThat we.rcARK 5AUER CQNSTWJCTTQN^ INC.. as Pnncipal, and INDEMNITY HOIPANY as Surety are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount)TEN PERCENT OF BID AMOUNT for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above- bounden Principal for: LEO CARRILLO RANCH BARN STABILIZATION CONTRACT NO. 39611 in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter into and execute a Contract including required bonds and insurance policies within twenty (20) days from the date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said award, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect, and the amount specified herein shall be forfeited to the said City. In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Revised 11/01/06 Contract No. 39611 Page 17 of 100 Pages I i I I I I I -,.*s**^r i i i i i i Executed by PRINCIPAL this day of AjdL PRINCIPAL: MARK SAUER ., 20 f)3. Executed by SURETY this ^^J day of .itirv: , 20 ng . SURETY: AND (print name here)(name of Surety) (Title and Organization of Signatory) By:_ (address of Surety) (sign here) (print name here) (telephone number of Surety) Byy (signature of Attorney-in-Fact) (title and organization of signatory)(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 J * i Revised 11/01/06 Contract No. 39611 Page 18 of 100 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California bounty of San Bernardino &' On July 21, 2008 ss. before me,.Frances Lefler, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared Pamela McCarthy_ MUUUMKMWAKtAMlXWIfUYlYinf'l*!** FRANCES LEFLER f COMM.# 1798660 5 NOTARY PUBLIC - CALIFORNIA^ f/ SAN BERNARDINO COUNTY « My Comm. Expires May 20, 2012| ^JUJ»»lM.¥^1AMjUuMAMJW>^fyl^ryytVl*^^ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. <Signjfitfre~bf 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:Number of Pages: Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer(s) ! Signer's Name: O Individual d Corporate Officer Title O Partner - d Limited d Attorney-in-Fact CJ Trustee d Guardian or Conservator Other: General \ .Signer is Representing: Fw RT THUMBPRINT OF SIGNER Top of thumb here POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Jay P. Freeman,Pamela McCarthy, Susan C. Monteon, Frances Lefler, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY QOMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be/and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. ">/! at f* a: isiuf' Stephen T. Pate, Senior Vice President Charles L. Day, Assistant Secretary 10' 1936 • oi State of California County of Orange On January 1st, 2008 _ before me,.Christopher J. Roach. Notary Public Date Here Insert Name and Title of the Officer personally appeared.Stephen T. Pate and Charles L. Day Name(s) of Signer(s) CHFttSTOPHERJ.ROACH| COMM, # 1745939 I ORANOECOUNTY § Mycomm.<KpfeB3May19,201l)t Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and Signature ChrisBprferJ. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the 21 ST^V of JULY '2008- brand, Assistant Secretary ID-1380(Wet)(Rev.07/07) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ On XIuW >ate personally appeared before Here Insert Name and Title of the Officer U j Name(s) of Signer(s) SARAI TORREBLANCA Commission* 1684796 Notary Public - California Riverside County My Comm. Expires Jul 29,201 who proved to me on the basis ofsatisfactory evidence to be the person te[ whose name($(j6/are subscribed to the within instrument and acknowledged to me that (Ti^fehe/they executed the same inf^/her/their authorized capacityQ^g), and that bjTfijsJher/their signature^) on the instrument the perspn^rTor the entity upon behalf of which the person(e^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature 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: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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. 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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association- 9350 De Solo Ave., P.O. Box 2402 • Chateworth, CA 91313-2402• www.NafcnalNotary.org Item #5907 Reorder:CallToll-Free 1-800-876-6827- CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of On before me, (Here insert name and title of the officer) J personally appeared who proved to me on the basis of satisfactory evidence to be the person^ whose namejXJJs/a^'subscribed to the within instrument and acknowledged to me thatxheVshe/they executed the same in^s/her/their authorized capacity(ies}, and that by,Ms7her/thdr signature(s)'on the instrument the person£s), or the entity upon behalf of which the person^) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. f WITNESS my hand and official seal. Signature of Notary Public^/ U (Notary Seal) GEORGINA BEUKOFF COMM. #1728057 S NOTARY PUBLIC-CALIFORNIA >£ RIVERSIDE COUNTY U My Comm. Expires Match 2,2011 u ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages _ Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer D D D n (Title) Partner(s) Attorney-in-Fact Trustee(s) Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/theyr is /we ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. •5* Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. <• Indicate title or type of attached document, number of pages and date. •t* Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com Company Profile Page 1 of 2 Company Profile DEVELOPERS SURETY AND INDEMNITY COMPANY 17780 FITCH, SUITE 200 IRVINE, CA 92613 Agent for Service of Process ALBERT HILLEBRAND, 17780 FITCH SUITE 200 IRVINE, CA 92614 Unable to Locate the Agent for Service of Process? Reference Information NAIC#: 12718 NAIC Group #: 0075 California Company ID #: 4606-0 Date authorized in California: August 30, 1999 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: IOWA Lines of Insurance Authorized to Transact The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossa .^ AUTOMOBILE BOILER AND MACHINERY BURGLARY FIRE LEGAL INSURANCE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY Company Complaint Information Company Enforcement Action Documents Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_pr... 07/31/2008 Company Profile Page 2 of 2 Last Revised - June 27, 2008 09:13 AM Copyright © California Department of Insurance http://interactive.web.insurance.ca.gov/webuser/idb_co_prof_utl.get_co_pr... 07/31 /2008 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer, "Own Organization", "Subcontractor", and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of 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 rejection of the bid as non- responsive. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor- installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in the appropriate space. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The explanation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Revised 11/01/06 Contract No. 39611 Page 19 of 100 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 11/01/06 Contract No. 39611 Page 20 of 100 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) LEO CARRILLO RANCH BARN STABILIZATION CONTRACT NO. 39611 The Bidder certifies that it has used the sub-bid of the following listed subcontractors in preparing this bid for the Work and that the listed subcontractors will be used to perform the portions of the Work as designated in this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. This project requires pre-qualification of the Sub-Contractors to assure experience with historic projects and The Secretary of the Interior's Standards for the Treatment of Historic Properties. All Sub-Contractors shall have completed a minimum of one (1) project under The Secretary of the Interior's Standards for the Treatment of Historic Properties. SUBCONTRACTOR'S BID ITEMS Portion of Work ~]2.0oF>*/6 "SUcfcUlijv/^ "Sl45XTj!rtri!*i-/c.a PPtf * Subcontractor Name and Location of Business T^A^U T£QOi£3*X, //7*o 5o/trie>urb VJ\LL& t- 5A*/t>iC6* £-/\ ^"Ziz.11 Subcontractor's License No. and Classification* 7S3-5&?T V f Amount of Work by Subcontractor in Dollars* 31, -z.ee ^ ^ / Page of pages of this Subcontractor Designation form Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." Revised 11/01/06 Contract No. 39611 Page 21 of 100 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) LEO CARRILLO RANCH BARN STABILIZATION CONTRACT NO. 39611 The project requires pre-qualification of the Contractors and Sub-Contractors to assure experience with historic projects and The Secretary of the Interior's Standards for the Treatment of Historic Properties. No bids will be accepted from any firm which has not complied with this requirement. As a minimum the bidder should have the following experience: The General Contractor shall have completed a minimum of five (5) separate projects under The Secretary of the Interior's Standards for the Treatment of Historic Properties. 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 Revised 11/01/06 Contract No. 39611 Page 22 of 100 Pages INTEGRITY CRAFTSMANSHIP VALUE SAFETY •ii NSC Mark Sauer Construction, Inc. Corporate Office 19712 Temescal Canyon Rd. Corona, CA 92881-5656 Executive Office 3696 Park Hill Dr. Corona, CA 92881-8438 Phone: (951)279-4245 Fax: (951)279-5917 Website: www.msauer.com Email: contact@msauer.com California License # 500572 B Nevada License #0068157 B Mission Statement Mark Sauer Construction, Inc. (MSC) is committed to excellence, performance, and accountability. Our goal is to execute the most rigorous construction projects with a traditional craft trade vigilance and attention to detail., WOODWORK/INSTITUTE Company Profile Job Documentation Integrity Mark Sauer Construction, Inc. (MSC) is a California Corpora- tion and proud to be a certified Small Business entity. Our insurance coverage is maintained at $2,000,000 for General Liability, $1,000,000 for Worker's Compensation and $1,000,000 for Automobile Liability. Additional coverage and policies are available. All Subcontractors are required to be fully licensed, bonded, and insured. MSC has a com- plete Cal-OSHA Injury & Illness Prevention Program. MSC can provide all required Perfor- mance, Payment and Material construction Bonds. MSC provides professional job tracking and complete docu- mentation support, including Certified Payroll, Utilization and Daily reports, Job Cost and Construction Schedule reports. MSC issues all required project submittals, product specifica- tions and data, shop drawings and As-Built drawings. MSC takes progress digital photos and provides a digital copy on a disk for our clients at the completion of the job. MSC is an invited contractor on the majority of our projects. Over 50% of our projects are negotiated contacts. Over 30% of our total annual revenue is by "time & materi- als" or "cost plus" agreements. MSC billing and supporting documentation is complete and user friendly. Experience Mark Sauer Construction, Inc. (MSC) was established in 1986 and specializes in unique projects. Our work ranges from Historic Restoration and Seismic Retrofit to Tenant Improvements and Medical Facility Renova- tions. We are experts in repairing all forms of non-reinforced masonry with particular expertise in restoration of adobe structures. Our experience gives our clients the highest quality construction management and expert consulting services. MSC has executed projects for the State of California, L.A, Riverside, San Bernardino, and San Diego Coun- ties as well as numerous cities from Sacramento to San Diego. MSC has received multiple awards from the California Preservation Foundation and Los Angeles Conservancy as well as other prestigious organizations. We have a proven record in working under precise specifications. We have completed numerous projects on the State and National Register for Historic Places and have been the approved "Conservator" on Historic Res- toration projects. Our work complies with the Secretary of the Interior's Standards for Historic Preservation. MSC has worked under the Secretary of the Interior Standards for Historic Preservation for 20 years. MSC has worked under the OSHPD (Office of Statewide Health Planning and Development) for 8 years on our medical facility projects and provide our clients with complete knowledge of all infectious control procedures. All work done by Mark Sauer Construction, Inc. is executed with professionalism and a commitment to crafts- manship. The hands-on experience in all trades and a working knowledge in design and development give us the ability to complete the most sophisticated project. Mark was born in Southern California and grew up in the South Bay of Los Angeles. His mother, Inez and father, Fred were depression age children who believed in hard work and perseverance. Along with his older sister, Cindy, they lived in the home the family built in the City of Rolling Hills in 1956. The family was active and vacations typically revolved around snow skiing. Following graduation from Miraleste High School in Rancho Palos Verdes in 1977 Mark attended Los Angeles Harbor College. Mark was a member of the 1978 State Champion baseball team at Harbor College and went on to play at U.C. Santa Barbara for the nationally ranked Gauchos. Mark graduated UCSB in 1982 with a Bachelor of Science degree. Mark remained in Santa Barbara for several years working as a finish carpenter. Later he moved to Sacramento to work in commercial real estate. The next move was to Orange County California to work as a superintendent for a large commercial contractor. In 1986 Mark obtained his General Contractors License in California and began the uniquely named Mark Sauer Construction (MSC). MSC became a California corporation in 1995. The offices of MSC and the Sauer family home have been in Corona, California since 1988. Mark and his wife, Cheries (V.P. of MSC), sons Kline and Payne enjoy skiing, snowboarding, sports (especially hockey), animals, and the outdoors. o AA degree L.A. Harbor College o BS degree U.C. Santa Barbara o California and Nevada state contractor's license holder o California certified small business o Multiple award winner, California Preservation Foundation o Multiple award winner, Los Angeles Conservancy o Award winner, San Diego, Save our Heritage Organization o Member of the California Preservation Foundation o Member of the Woodworkers Institute o Member or the L.A. Harbor College Sports Hall of Fame o National level Masters bicycle racer "I am pleased to recommend Mark Sauer Construc- tion for historic restoration projects--both large and small. The company recently did an outstanding job on the reconstruction of our wooden water tower and tank at Rancho Los Cerritos Historic Site. Mark and his men are highly skilled, efficient and professional; they enjoy the challenge of working on historic proj- ects and clearly take pride in their work." Ellen Calomiris Rancho Los Cerritos Historic Site "Mark Sauer and his staff are very competent and professional. Their expertise is shown in the level of detail and care that they exhibit in their work. We've used them on two occasions, and have been very pleased in both instances." Steve Lech, Assistant Park Planner Nancy Wenzel, Interpretive Services Supervisor "MSC and their staff were a vital component of the successful Rancho Penasquitos Adobe Renovation project." Enrique Cesena, AIA Project Manager "Mark Sauer Construction takes pride in their work. They are creative problem solvers and good collabo- rators." Jenna Snow Chattel Architecture, Planning & Preservation, Inc. "Mark Sauer's knowledge, background, and experi- ence over the past five years have been invaluable in restoring my three buildings in downtown Chino. Your company provides great value and your advice is priceless. No one should begin a restoration proj- ect without consulting MSC first." Stan Tomlinson Chino, CA "I have worked professionally, since 1989, with Mark Sauer Construction. I have always been impressed with their knowledge of the Secretary of the Interior's Standards for Historic Preservation and their com- mitment to the client's project. Our historic preser- vation clients are frequently not-for-profits or public institutions on extremely tight budgets; I highly value Mark Sauer's ability to advise the client on the most effective use of the limited funds available." lone R. Stiegler Architect, AIA Essential Requirements for Qualification Contractor possesses a valid and current California Contractor's license for the projects which it intends to submit a bid. Contractor's license has been in good standing with the State of California for at least five (5) years. Contractor has a liability insurance policy with a policy limit of at least $1,000,000 per occurrence and $2,000,000 aggregate. Contractor has a current workers' compensation insurance policy as required by the Labor Code or is legally self-insured pursuant to the Labor Code section 3700 et. seq. Contractor has available the latest copy of a reviewed or audited financial state- ment with accompanying notes and supplemental information. Contractor has available a notarized statement from an admitted surety insurer which has been approved by the California Department of Insurance and has been authorized to issue bonds in the State of California which states: (a) the contractor's current bonding capacity is sufficient for the project for which they seek pre-qualification (if they are seeking pre-qualification for a single proj- ect); or if they are seeking pre-qualification valid for a year (b) the contractor's current available bonding capacity Contractor is eligible to bid on or to be awarded a public works contract, or per- form as a subcontractor on a public works contract, pursuant to either Labor Code section 1777.1 or Labor Code section 1777.7. Contractor has not had a surety firm complete a contract on their behalf, or paid for completion because the contractor was default terminated by the project own- er within the last five (5) years. At any time during the last five (5) years, the contractor (or any of its owners or officers) has not been convicted of a crime involving the awarding of a contract of a government construction project, or the bidding or performance of a govern- ment contract. ..s^,i Current Organization and Structure of MSC Mark Sauer Construction, Inc. (MSC) was incorporated in 1996 (originally established in 1986) under the laws of the state of California. ppf!fpf^??^ip^ 8lJte;ffiSS;'SK«8s;&«};!*'iSiSK3^ Mark Sauer Cheries Sauer President Vice President 20 years 20 years 50% 50% Upon Request Upon Request History of Mark Sauer Construction, Inc. Has there been any change in ownership of MSC at any time in the last three years? Is MSC a subsidiary, parent, holding company or affiliate of another construction firm?NO Are any corporate officers, partners or owners connected to any other construction firms?NO State MSC's gross revenues for each of the last three years:Available Upon Request How many years has MSC been in business in California as a contractor under your present business name and license number?20 Years Is MSC currently the debtor in a bankruptcy case?NO Was MSC in bankruptcy at any time during the last five years?NO Contractor License Information California Construction License Number Nevada Construction License Number Qualifying individual listed on the CSLB records who meet the experience and examination requirements for each license. Has MSC changed names or license number in the last five years? Has any owner, partner or officer of MSC operated a construction firm under any other name in the last five years? Has any CSLB license held by MSC or its Responsible Managing Employee (RME) or Re- sponsible Managing Officer (RMO) been suspended within the last five years? 500572 B 00681 57 B Mark Sauer NO NO NO Contractor Disputes At any time in the last five years has MSC been assessed and paid liquidated damages after completion of a project under a construction contract with either a public or private owner?NO In the last five years has MSC been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason? NO In the last five years has MSC been denied an award of a public works contract based on a finding by a public agency that your company was not a responsible bidder?NO In the last five years has any claim against MSC concerning your firm's work on a construc- tion project been filed in court or arbitration?NO In the past five years has MSC made any claim against a project owner concerning work on a project or payment for a contract and filed that claim in court or arbitration?YES At any time during the past five years, has any surety company made any payments on MSC's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf, in connection with a construction project, either public or private? NO In the last five years has any insurance carrier, for any form of insurance, refused to renew the insurance policy for MSC?NO Criminal Matters and Related Civil Suits Has MSC or any of its owners, officers or partners ever been found liable in a civil suit or found guilty in a criminal action for making any false claim or material misrepresentation to any public agency or entity? NO Has MSC or any of its owners, officers or partners ever been convicted of a crime involving any federal, state, or local law related to construction?NO Has MSC or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty?NO Contractor Bonding Name of Bonding Company/Surety: Developers Surety and Indemnity Company Surety Agent Contact Information: Jay P. Freeman Driver -Alliant Insurance Services 3270 Inland Empire Blvd. Suite 100 Ontario, Ca. 91764 Lic# OC36861 909483-5111 *Alliant Other Sureties that have written bonds for MSC: Travelers Casualty + Surety Co. of America 700 N. Central Ave. 8th Floor Glendale, Ca. 91203 TRAVELERSJ Compliance with Occupational Safety and Hea Has CAL OSHA cited and assessed penalties against MSC for any "serious", "willful", or "repeat" violations of its safety or health regulations in the past five years?NO Has the federal Occupational Safety and Health Administration (OSHA) cited and assessed penalties against MSC in the past five years?NO Has the EPA or any Air Quality Management District or any Regional Water Quality Control Board cited and assessed penalties against either MSC or the owner of a project on which your firm was the contractor, in the past five years? NO How often does MSC require documented safety meetings to be held for construction em- ployees and field supervisors during the course of a project?WEEKLY List MSC's Experience Modification Rate (EMR) (California workers' compensation insur- ance) for each of the past three premium years: Current year: Previous year: Year prior to previous year: .83 .85 .83 Within the last five years has there ever been a period when MSC had employees but was without workers' compensation insurance or state-approved self-insurance?NO Prevailing Wage and Apprenticeship Compliance Rec Has there been more than one occasion during the last five years in which MSC was re- quired to pay either back wages or penalties for your own firm's failure to comply with the state's prevailing wage laws? NO During the last five years, has there been more than one occasion in which MSC has been penalized or required to pay back wages for failure to comply with the federal Davis-Bacon prevailing wage requirements? NO Provide the name and address of the apprenticeship program (approved by the California Apprenticeship Council) from whom you intend to request the dispatch of apprentices to MSC for use on any public work project for which you are awarded a contract by a Public Entity. So. Cal Carpenters LLC 533 S. Fremont Avenue Suite #401 Los Angeles, CA 90071 At any time during the last five years, has MSC been found to have violated any provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works? NO INTEGRITY CRAFTSMANSHIP VALUE SAFETY PROJECTS Since 1986, Mark Sauer Construction, Inc. (MSC) has been involved in many of California's most unique renovation and restoration projects. Whether the project is on a large scale or small, we deliver timely results and are committed to excellence, performance, and accountability. Projects Completed on the Register for Historic Places Casa De La Guerra. Santa Barbara, California Orena Adobe. Santa Barbara, California Yorba-Slaughter Adobe. County of San Bernardino, California Pacific Electric Substation #14. Santa Ana, California Woman's Improvement Club of Corona. Corona, California Rancho Sante Fe Irrigation Dist. Office. Rancho Santa Fe, California Serrano Adobe. Lake Forest, California Guajome Ranch. Vista, California Barbara Greenwood Kindergarten Bungalow. Pomona, California Rancho Los Cerritos. Long Beach, California Rancho Los Alamitos. (Chimney Project) Long Beach, California Strathearn Adobe. Simi Valley, California Reyes Adobe. (House Repairs) Agoura Hills, California San Gabriel Mission. San Gabriel, California Virginia Robinson Gardens. Beverly Hills, Ca Friendship Baptist Church. Pasadena, California Phillips Mansion. Pomona, California Hillcrest Park. Fullerton, California Leo Carrillo Ranch. Vista, California Sikes Adobe Farmhouse. San Diego, California Reyes Adobe (Barn Project) Agoura Hills, California. Rancho Los Alamitos. (Foundation Project) Long Beach California Breed Street Shul. Los Angeles, California. Warner's Ranch. Warner Springs, California. Los Penasquitos Ranch. San Diego, California Leo Carillo Ranch BBQ. Carlsbad, Caifornia Rancho Los Cerritos Water Tower. Long Beach, Caifornia San Timoteo Schoolhouse. Riverside County, Caifornia Walker House. San Dimas, Caifornia 1991 1992 1992 1993 1994 1994 1995 1996 1996 1996 1996 1996 1997 1997 1999 2000 2001 2002 2002 2003 2004 2004 2004 2005 2006 2006 2007 2007 Current Projects Completed on Local Historic Places Banning Park Cottage. Wilmington, California. Fritz Building. Gas Lamp Quarter, San Diego, California. Connelly Adobe. Riverside, California. Jameson Adobe. Corona, California. Pilgrim Congregation Church. Pomona, California. Bud's Bike Shop. Claremont, California. Webb Schools. La Vern, California. San Dimas Train Depot Museum. San Dimas, California. Oceanside Welcome Wall Arches. Oceanside, California. Currier House, Pomona, California. La Jolla Taj Mahal. La Jolla, California. Anderson House. Redlands, California 1987 1990 1993 1994 1994-95 1995 2003 2003 2004 2004 2005 2006 Awards and Special Recognition Santa Barbara Bldg. Dept. Special Case Study San Diego Redevelopment Award 1998 Calif. Preservation Foundation Design Award 2000 Calif. Preservation Foundation Design Award 2000 L.A. Conservancy Preservation Award 2005 Calif. Preservation Foundation Design Award 2005 LA Conservancy Preservation Award HISTORIC Mark Sauer Construction, Inc. (MSC) has been executing historic restoration projects throughout California since 1986. Our pride in craftsmanship and interest in the history of our country has driven our desire to work on treasures from the past. MSC self performs the vast majority of the craft trades: wood work- ing, door and window repair, plaster detailing and masonry resto- ration are parts of all these projects. We have completed numer- ous projects on the State and National Register for Historic Places. Our work complies with the Secretary of the Interior's Standards for Historic Preservation. MSC has received multiple awards from both the California Preservation Foundation and the Los Angeles Conservancy. SEISMIC RETROFIT Mark Sauer Construction, Inc. (MSC) has been executing seismic retrofit projects throughout California since 1986. We have installed anchors, hardware, steel shapes, steel erection, timber framing and rough carpentry in all forms of non-reinforced masonry. MSC self-performs the vast majority of the seismic hazard reduction work. We are experienced in all forms of epoxy anchoring, crack re- pairs and patching. We execute our own deep coring in all types of masonry, adobe and stone structures. X\DOQE RESTORATION Mark Sauer Construction, Inc. (MSC) has completed adobe projects throughout California. As with our seismic retrofit and historic pres- ervation work, the adobe restoration expertise provided by MSC is a unique quality. Few contractors in the country have the experi- ence in adobe restoration, retrofit, and construction equal to MSC. MSC performs all types of adobe work. Block fabrication and con- struction, crack repair, adobe mudding and adobe plastering are all parts of our adobe restoration resume. The short list of familiar projects include: The Casa de la Guerra and Orena Adobe in Santa Barbara, The Reyes Adobe, The San Gabriel Mission, the sister adobes in Long Beach, Rancho Los Cerritos and Rancho Los Alamitos. Also The Leo Carrillo Ranch in Carlsbad and the Sikes Adobe Farmhouse in San Diego are a few of the adobes MSC has completed over the years. RESTORATION Mark Sauer Construction, Inc. (MSC) has found great pleasure work- ing for many religious denominations. It has proven to be extremely rewarding to perform renovation work on important structures in the community. Each congregation has shown its commitment to their project. We have had great success in maintaining and enhancing the beauty of their Schools, Chapels, and Sanctuaries. These buildings are often places where its members have been attending services and activities for their entire life. With many com- munity services, these buildings are anchors which stabilize their neighborhood. Our work on churches has provided some of our most dynamic construction challenges. COMMERCIAL CONSTRUCTION Our commercial clients have enjoyed the speed and professional- ism which has become a well known quality of Mark Sauer Con- struction, Inc. (MSC). We have a wide range of clients and can work under any situation which will best serve their needs. If the project requires off hour work, high security job access, or maintaining a clean environment, MSC can serve these needs. Our crew understands the need for proper site protection and cour- tesy towards the employees of our client. We are skilled at allow- ing our client's daily business to proceed. These are just a few of the reasons why MSC has many repeat customers. By providing the highest quality craftsmanship, and jobs completed on schedule and on budget, MSC has established ourselves as a top tenant improvement contractor. CONSTRUCTION After 20 years as a general contractor, Mark Sauer Construction, Inc. (MSC) knows the value of a well managed project. Our consult- ing and management services assure our clients the highest quality project and the security that they have professionals working on their behalf. With MSC in control, the project will proceed with clarity of direction, cost control, and oversight of the entire construction process. This allows the prime contractor and subcontractors to proceed in the most efficient manner. COPY COPY State of California ' Department of General Services ' Arnold Schwarzenegger, Governor PROCUREMENT DIVISION Office of Small Business and DVBE Services 707 Third Street, 1st Floor, Room 400 • PO Box 989052 West Sacramento, California 95798-9052 • (800) 559-5529 SBApp20060912 September 20, 2006 REF# 00351 76 MARK SAUER CONSTRUCTION CO INC 3696 PARK HILL DR CORONA CA 92881-8438 Dear Business Person: Congratulations on your certified small business status with the State of California. Your certification entitles you to benefits under the state's Small Business Participation Program within state contracting, including a five percent bidding preference and special provisions under the 1 Certification period Your certification period for & Industry CONSTRUCTION Annual Submission Require! To maintain your certified status, you rffdMWMually submit to the Office of Small Business and DVBE Services (OSDS), proof of annual receipts and proof of employees for your firm and each of your affiliates (if any). Proof of Annual Receipts Submit to OSDS, a copy of your firm's and any affiliate firm's ENTIRE federal tax return each year following your certification. Include ALL accompanying schedules, forms, statements, and any other support documents filed with that specific tax return. If you request a tax filing extension with the Internal Revenue Service, submit to our office a copy of the extension form. When your tax returns are filed, submit a copy of the entire federal tax return to our office. Proof of Employees If you have employees whose taxable wages are reported to the California Employment Development Department (EDD) on a quarterly basis, you must annually submit to our office along with your proof of annual receipts, proof of employees for your firm and any affiliates. We will accept a copy of the EDO's "Quarterly Wage and Withholding Report" (Form DE6) or other format accepted by the EDD. Your employee documents must cover the same four quarters as the tax return you submit for your proof of annual receipts. If you have out-of-state employees, submit the employee documentation comparable to EDO's "Quarterly Wage and Withholding Report" for the same four-quarter period. Maintaining Your Online Certified Firm Profile ACORD CERTIFICATE OF LIABILITY INSURANCE PRODUCER 909-941-6699 Alliant Insurance Services, Inc. Jay Freeman 3270 Inland Empire Blvd., #100 Ontario, CA 91764 INSURED Mark Sauer Construction, Inc. 3696 Park Hill Drive Corona CA 92881 i DATE IMM/DOfYY) 02/23/07 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. COMPANIES AFFORDING COVERAGE A Mt. Hawley Insurance Co/TCB COMPANY B COMPANYc COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COLTR A TYPE OF INSURANCE GENERAL LIABILITY * COMMERCIAL GENERAL LIABILITY ::p | CLAIMS MADE | X I OCCUR OWNER'S & CONTRACTOR'S PROT X BI/PD Ded: $2.500 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS 3ARAQE LIABILITY ANY AUTO EXCESS LIABILITY 3 UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ I I |NCL PARTNERS/EXECUTIVE OFFICERS ARE: [ | EXCL OTHER POLICY NUMBER MGL01 49353 POLICY EFFECTIVE DATE IMM/DD/YY) 2/23/07 POLICY EXPIRATION DATE (MM/DD/YY) 2/23/08 LIMITS GENERAL AGGREGATE PRODUCTS - COMP/OP AGO PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE lAny on* fire) MED EXP lAny on« perwn) COMBINED SINGLE LIMIT BODILY INJURY (Per perton) BODILY INJURY(Per accident) PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE WC STATU- OTH-TORY LIMITS ER EL EACH ACCIDENT EL DISEASE - POLICY LIMIT EL DISEASE - EA EMPLOYEE $ 2,000,000 S 2,000,000 « 1,000,000 S 1 ,000,000 s 50,000 * 5,000 $ $ $ $ $ ( s $ $ $ *t s * 1 0 Days Notice for Non-Pay. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS ** Verification of Insurance** CERTIFICATE HOLDER "•Mark Sauer Construction** 3696 Park Hill Driver Corona, CA 92881 I ACORD 2S-S (1/95) 40- 78 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUIN3 COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AQENTS OR REPRESENTATIVES. ™"^TJ"^—* > 9 ACORD CORPORATION 1988 COMPENSATION INSURANCE FUND P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 06-29-2007 GROUP: POLICY NUMBER: 1856815-2007 CERTIFICATE ID: 38 CERTIFICATE EXPIRES: 06-01-2008 08-01-2007/06-01-2008 "MARK SAUER CONSTRUCTION INC** JANENE DURHAM 19712 TEMESCAL CANYON RD CORONA CA 92881-5656 SJ 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 10 days advance written notice to the employer. We will also give you 10 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. n^HORIZED REPRESENTATIVEO PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #1600 - SAUER, CHERIES SECRETARY TREASURER - EXCLUDED. ENDORSEMENT #1600 - SAUER, MARK PRESIDENT - EXCLUDED. EMPLOYER MARK SAUER CONSTRUCTION 3696 PARK HILL DR CORONA CA 92881 INC (REV.2-06)PRINTED [B13.SJ] 08-29-2007 ACORDn CERTIFICATE OF LIABILITY INSURANCE Ti/7/TT PRODUCER Aon Private Risk Management - Cerritos 17785 Center Court Drive, 5th Floor Cerritoa CA 90703 (888) 716-2006 INSURED Mark Sauer Construction Inc. 3696 Park Hill Dr. Corona CA 92881-8438 1 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: Mercury Casualty Company INSURER B: INSURER C: INSURER D: INSURER E: NAIC# 11908 COVERAGES ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR A VXfNSHC TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 1 CLAIMS MADE | | OCCUR GEN1 AGGREGATE LIMIT APPLIES PER 1 POLICY! |J?CT 1 ILOC AUTOMOBILE LIABILITY ANY AUTO ALLOWED AUTOS X SCHEDULED AUTOS HI RED AUTOS NON-OWN ED AUTOS GARAGE LIABILITY ANY AUTO EXCESS/UMBRELLA LIABILITY 1 OCCUR | | CLAIMS MADE _J DEDUCTIBLE I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORrt>ARTNER/EXECUTtVEOFFICER/MEMBER EXCLUDED? If yes, describe underSPECIAL PROVISIONS below OTHER POLICY NUMBER AC11015443 POLICY EFFECTIVEDATE IMM/DD/YYt 10/10/2007 POLICY EXPIRATIONDATE (MM/DD/YY) 10/10/2008 LIMITS EACH OCCURRENCE DAMAGE TO RENTEDPREMISES (Ea occurmort MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGO COMBINED SINGLE LIMIT(E* accident) BODILY INJURY(Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY - EA ACCIDENT OTHER THANAUTO ONLY: EAACC AGG EACH OCCURRENCE AGGREGATE \\C STATU-TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L DISEASE - EA EMPLOYEE E.L. DISEASE - POUCY LIMIT $ $ $ $ t t 1,000,000 $ $ t $ t t t t t $ t $ $ t DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Hone CERTIFICATE HOLDER CANCELLATION Information Only 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE »„ nt«u Rtt UmgtniM•1 CAftwwK* Agon? fcw. Ue«M(ie»2M ACORD 25 (2001/08)© ACORD CORPORATION 1988 Page 1 of 2 Phone: (951)279-4245 Fax: (951)279-5917 Website: www.msauer.com Email: contact@msauer.com Our team at Mark Sauer Construction, Inc. is dedicated to your next project. We hope this brochure has been informative for you. MSC has over 20 years of industry experience and we put forth a solid commitment to the success of each and every project. We are successful because we listen to our clients and enjoy building long lasting relationships. If you have any further questions, please contact us at 951-279-4245. INTEGRITY CRAFTSMANSHIP BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) LEO CARRILLO RANCH BARN STABILIZATION CONTRACT NO. 39611 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: Comprehensive General Liability Automobile Liability Workers Compensation D Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Revised 11/01/06 Contract No. 39611 Page 23 of 100 Pages ACORD. CERTIFICATE OF LIABILITY INSURANCE PRODUCER 909-941-6699 Alliant Insurance Services, Inc. Jay Freeman 3270 Inland Empire Blvd., #100 Ontario, CA 91764 INSURED Mark Sauer Construction, Inc. 19712 Temescal Canyon Road Corona CA 92881 I DATE (MM/DD/YY) 9/23/08 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. COMPANIES AFFORDING COVERAGE COMPANYA Mt. Hawley Insurance Co/TCB COMPANYg Golden Eagle Insurance Corp. COMPANYc COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR A B ^ TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY | CLAIMS MADE | X | OCCUR OWNER'S & CONTRACTOR'S PROT X BI/PD Ded: $2,500 AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ |NC(_ OFFICERS ARE: EXCL OTHER POLICY NUMBER MGL01 54293 BA8360205 POLICY EFFECTIVE DATE IMM/DD/YY) 2/23/08 12/17/07 POLICY EXPIRATION DATE (MM/DD/YY) 2/23/09 12/17/08 LIMITS GENERAL AGGREGATE PRODUCTS - COMP/OP AGO PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Any one person) COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident! PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE WC STATU- OTH-TORY LIMITS 1 ER EL EACH ACCIDENT EL DISEASE - POLICY LIMIT EL DISEASE - EA EMPLOYEE * 2,000,000 s 2,000,000 * 1 ,000,000 * 1 ,000,000 S 50,000 S 5,000 $ 1,000,000 $ $ s $ $ s 5 $ $ $ S $ *10 Days Notice for Non-Pay. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Re: Job #2808, Leo Carrillo Ranch Barn Stabilization. The City of Carlsbad, its officals, employees and volunteers are additional insureds as per form attached. Primary wording is included. (Continued on attached) GERtlFfCATE HOLDER City of Carlsbad Public Works Purchasing Dept. 1635 Faraday Avenue '«•" Carlsbad, CA 92008 Attn: Kevin Davis i ACORD 25-S (1/95) 4O- 76 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHOBIZED REPRB^NT^bE ^ f © ACORD CORPORATION 1 988 Continued from Description of Operations. The City of Carlsbad, its officials, employees and volunteers are additional insureds as respect to Auto liability. POLICY NUMBER: MGL0154293 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES CONTRACTORS (FORM C) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: PER CERTIFICATE ATTACHED (If no entry appears above, information requred to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) 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. To the extent required under contract, this policy will apply as primary insurance to additional insureds scheduled above and other insurance which may be available to such additional insureds will be non-contributory. Section IV., Condition 4., of this policy is amended accordingly. All other Terms and Conditions of this Policy remain unchanged. CGL 216 (04/98) Page 1 of 1 POLICY NUMBER: BA8360205 Excerpt from Golden Eagle Insurance Co. GECA 701 (09/04) BUSINESS AUTO COVERAGE FORM SECTION II - LIABILITY COVERAGE A. COVERAGE 1. WHO IS AN INSURED The following is added: d. Any organization, other than a partnership or joint venture, over which you maintain ownership or a majority interest on the effective date of this Coverage Form, if there is no similar insurance available to that organization. e. Any organization you newly acquire or from other than a partnership or joint venture, and over which you maintain ownership of a majority interest. However, coverage under this provision does not apply: (1) If there is similar insurance or self-insured retention -plan available to that organization; or (2) To "bodily injury" or "property damage" that occured before you acquired or formed the organization. f. Any volunteer or employee of yours while using a covered "auto" you do not own, hire or borrow in your business or your personal affairs. Insurance provided by this endorsement is excess over any other insurance available to any volunteer or employee. g. Any person, organization, trustee, estate or governmental entity with respect to the operation, maintenance or use of a covered "auto" by an insured, if: (1) You are obligated to add that person, organization, trustee, estate or governmental entity as an additional insured to this policy by: (a) an expressed provision of an "insured contract", or written agreement; or (b) an expressed condition of a written permit issued to you by a governmental or public authority. (2) The "bodily injury" or "Property damage" is caused by an "accident" which takes place after: (a) You executed the "insured contract" or written agreement; or (b) the permit has been issued to you. GECA 701 (09/04) Page 1 of 1 Includes copyrighted material of Insurance Services Offices,, Inc. with its permission CL 246 (11-85) POLICY NUMBER: MGL0154293 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 11 85 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Carlsbad, its officials, employees and volunteers (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS 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. Insured: MarkSauerConstruction, Inc. Copyright, Insurance Services Office, Inc., 1984 so COMPENSATION INSURANCE P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 09-23-2008 GROUP: 000238 POLICY NUMBER: 0010064-2008 CERTIFICATE ID: 43 CERTIFICATE EXPIRES: 06-01-2009 06-01-2008/06-01-2009 CITY OF CARLSBAD PUBLIC WORKS PURCHASING DEPARTMENT 1635 FARADAY AVE CARLSBAD CA 92008-7314 SJ JOB: 2808, LEO CARRILLO RANCH BARN STABILIZATION 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 10 days advance written notice to the employer. We will also give you 10 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 - SAUER, MARK PRESIDENT - EXCLUDED. ENDORSEMENT #1600 - SAUER, CHERIES SECRETARY TREASURER - EXCLUDED. EMPLOYER MARK SAUER CONSTRUCTION INC 19712 TEMESCAL CANYON RD CORONA CA 92881 SJ (REV.2-05) [B16.SD] PRINTED : 09-23-2008 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) LEO CARRILLO RANCH BARN STABILIZATION CONTRACT NO. 39611 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of 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: (name of Go >^CBy: (print name/title) Page./ Of pages of this Re Debarment form Revised 11/01/06 Contract No. 39611 Page 24 of 100 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) LEO CARRILLO RANCH BARN STABILIZATION CONTRACT NO. 39611 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? V yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? _yes r»o 5) If the answer to either of 1 . or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. (If needed attach additional sheets to provide full disclosure.) Page / of f pages of this Disclosure of Discipline form Revised 11/01/06 Contract No. 39611 Page 25 of 100 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) LEO CARRILLO RANCH BARN STABILIZATION CONTRACT NO. 39611 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. J/k (If needed attach additional sheets to provide full disclosure.) BY COTRACTOR: (print name/title) Page / of / pages of this Disclosure of Discipline form oRevised 11/01/06 Contract No. 39611 Page 26 of 100 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 State of California County of LEO CARRILLO RANCH BARN STABILIZATION CONTRACT NO. 39611 ) ss. ) COPY (Name of Bidder) ,:•'. "j -< and says that he or she is A'7''-' / jDlr/V * _, being first duly sworn, deposes of (Title) (Name of Firm) 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 penajty of perjury that the foregoing is true and correct and thaHhis affidavit was executed on the tyl I day of ^lUt-tf \ , 20_ SARAI TORREBLANCA Commission* 1684796 Notary Public - California Riverside County My Comm. Expires Jul 29,201 Subscribed and sworn to before me on the (NOTARY SEAL) .,20.<$ Revised 11/01/06 Contract No. 39611 Page 27 of 100 Pages Jul-17-2008 02:47 PM City of Carlsbad 7606028562 f 2/3 of Carlsbad Public Works ^Contract Administration July 15, 2008 ADDENDUM NO. 1 RE: LEO CARRILLO RANCH BARN STABILIZATION BID NO. PWSQ8-31PKS, CONTRACT NO. 39611 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Sr. Contract Administrator Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 Bidder's sign 1635 Faraday Avenue ° Carlsbad. CA 92008-7314 •> (760) 602-4677 ° FAX (76O) BO2-8562 Jul-17-2008 02:47 PM City of Carlsbad 7606028562 3/3 ADDENDUM NO. 1 LEO CARRILLO RANCH BARN STABILIZATION AS PART OF CONTRACT NO. 39611 BID NO. PWS08-31REC City of Carlsbad Carlsbad, California JULY 14, 2008 City of Carlsbad Recreation - Park Development 799 Pine Ave,, Suite 200 Carlsbad, CA 92008 Liz Ketabian, Park Planner NOTICE: This Addendum forms a part of the Contract Documents for the above identified project and modifies portions of the original Contract Specifications. Documents not specifically mentioned in this Addendum remain in full force. Acknowledge receipt of this Addendum on the Bid Form. Failure io do so may subject bidder to disqualification. All trades affected shall be fully advised of these changes, deletions, or additions. This Addendum consists of (1) page and (1) item. ITEM NO. ONE: NOTICE INVITING BIDS (Page 7 of Contract booklet) SPECIALTY CONTRACTORS SECTION: Sentence 3 of this section currently states; All Contractors must submit required experience/qualifications at the mandatory Pro-Bid Meeting. This requirement is incorrect and sentence 3 shall be replaced with the following: All Contractors must submit required experience/qualifications at the time that bids are submitted for the project as part of a complete and acceptable bid. Clarification: All other parts of the information listed under this section shall remain in full force and effect. Jul-17-2008 02:47 PM City of Carlsbad 7606028562 1/3 t Date: Thursday, July 17, 2008 To: Mark Sauer Company Name: Mark Sauer Conctruction, Inc. Fax Number: 19512795917 From: test Company Name: cc Voice Phone Number: Fax Number: 6028555 Subject: Notes: Addendum #1 was mailed the same day you purchased plans & specs. Faxing it to you to insure you receive it. of Carlsbad Public Works - Contract Administration July 23, 2008 ADDENDUM NO. 2 RE: LEO CARRILLO RANCH BARN STABILIZATION BID NO. PWS08-31PKS, CONTRACT NO. 39611 Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Sr. Contract Administrator Attachment ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 Bidder's Signatun 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4677 • FAX (760) 602-8562 ADDENDUM NO. 2 LEO CARRILLO RANCH BARN STABILIZATION AS PART OF CONTRACT NO. 39611 BID NO. PWS08-31REC City of Carlsbad Carlsbad, California July 22, 2008 City of Carlsbad Recreation - Park Development 799 PineAve., Suite 200 Carlsbad, CA 92008 Liz Ketabian, Park Planner NOTICE: This Addendum forms a part of the Contract Documents for the above identified project and modifies portions of the original Contract Specifications. Documents not specifically mentioned in this Addendum remain in full force. Acknowledge receipt of this Addendum on the Bid Form. Failure to do so may subject bidder to disqualification. All trades affected shall be fully advised of these changes, deletions, or additions. This Addendum consists of (1) page and (5) items. Item 1. Concrete Specification Section 03300- Item 2.11 CONCRETE MIXTURES FOR BUILDING ELEMENTS states concrete minimum compressive strength at 3000 psi for Footings, and Slabs-on-Grade and 3500 psi for Grade Beams and Piles. Item 2.11 shall be revised to require concrete minimum compressive strength of 2500 psi. Item 2. Roof Sheathing - An allowance shall be included in the bid to replace 1,000 linear feet of deteriorated Ix plank sheathing. Ix boards to match existing in size. Use current nominal lumber size. Item 3. Fencing- Bid shall include the removal and hauling away of all existing black vinyl chain link fence, posts and concrete footers. Bid shall also include all delivery, labor, materials and installation (including removal when project is finished), of 300 L.F. of temporary chain link fencing and screening fabric, to prevent park visitors from entering the construction zone and construction storage area during the construction project. Item 4. Clarification- Concrete Pad Footings- Sheet S-l- Remove and haul away existing concrete pad footings where they interfere with the placement of the new footings. Item 5. Attached is a copy of the Pre-Bid Meeting Sign In Sheet as requested at the walk thru meeting held at the project site on July 16, 2008. Pre- Bid Meeting Sign-In Leo Carrillo Ranch Historic Park - Barn Stabilization City Project No. 39611 Date: JulylG, 2O08 Project Manager: Liz Ketabian Meeting Location: Leo Carrillo Ranch Historic Park 6200 Flying LC Lane, Carlsbad, CA 92009 Company Name/Contact Name Phone No.Address XYZ Building Contractors Inc. John Doe 123-456-7890 Any Street, Any City, USA 12345 q- .^, e. \/j ±1.c/t it- 0 $tf I (•£>£* f Carlsbad Recreation Department Creating Community through People Parks and Programs faffata*. t ft* si+<-.\ IV Pa /1 Carlsbad Recreation Department \<• i Creating Community through People Parks and Programs Carlsbad Recreation Department Creating Community through People Parks and Programs CONTRACT PUBLIC WORKS (VThis agreement is made this /? day of _ (V f L& k*JL*J _ , 200 ^ by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and _ MARK SAUER CONSTRUCTION. INC. _ whose principal place of business is _ 19712 TEMESCAL CANYON ROAD CORONA CA 92881-8438 _ (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: LEO CARRILLO RANCH BARN STABILIZATION CONTRACT NO. 39611 (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, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to fulfill the intent of said documents. In all instances through the life of the Contract, the City will be the interpreter of the intent of the Contract Documents, and the City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. Revised 11/01/06 Contract No. 39611 Page 28 of 100 Pages 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class 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. Revised 11/01/06 Contract No. 39611 Page 29 of 100 Pages 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy # 70. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability Insurance: $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. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California. 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. Revised 11/01/06 Contract No. 39611 Page 30 of 100 Pages b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy # 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor 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 Section 3 of the General Provisions. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), and (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. Revised 11/01/06 Contract No. 39611 Page 31 of 100 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 subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above, 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. Revised 11/01/06 Contract No. 39611 Page 32 of 100 Pages 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (COF Mark Sauer Construction, Inc CON 19712 Temescal Canyon Rd. Corona, CA 92881-5656 By: (name of Qopfractor) ?i'al corporation of \ &4X* (sign' here)ATTEST: 0^2 //*/_/ XORRAfNE M;.' U c>i ierk (j (print name and title) • 'I|||U«' 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 Attome; By: Deputy City Attorney Revised 11/01/06 Contract No. 39611 Page 33 of 100 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California fcU^lfi^County of. Date personally appeared before me. Here Insert Name and Titlefcf the Officer \QU4r Q\£rlfJ rfUTitlefcf Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persoi"t^sT)/vhose namgjsj is^are^subscribed to the within instrument and acknowledged to me that he/she^tfTeQexecuted the same in his/hedTtfjilr authorized capach^je§)> and that by his/her/^heTr^ignature^J)on the instrument the pecson(|p or the entity upon behalf of which the persop(sj)acted, executed the instrument. SARA) TORREBLANCA Commission #1684796 Notary Public - California Riverside County My Comm. Expires Jul 29.2010 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Q OPTIONAL Signature of Notary Public 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: (Mflft'#6f fU/bUC Document Date: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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. 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:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder:Call Toll-Free 1 -800-876-6827 BOND #786984P PREMIUM INCLUDED IN PERFORMANCE BOND LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2008-257, adopted September 16, 2008, has awarded to MARK SAUER CONSTRUCTION, INC. (hereinafter designated as the "Principal"), a Contract for: LEO CARRILLO RANCH BARN STABILIZATION CONTRACT NO. 39611 in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE MARK SAUER CONSTRUCTION. INC. , as Principal, (hereinafter designated as the "Contractor"), and DEVELOPERS SURETY AND INDEMNITY COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of THREE HUNDRED SIXTY THREE THOUSAND Dollars ($363,000.00), 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 hereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Am¥ Revised 11/01/06 Contract No. 39611 Page 34 of 100 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 day of Executed by SURETY this 25TH day . 20 CONTRACTOR: MARK SAUER CONSTRUCTION, INC. (name of Contractor)/ // of SEPTEMBER _,20.08 By:. (sign here) SURETY: DEVELOPERS SURETY AND INDEMNITY COMPANY (name of Surety) 17780 FITCH #200 IRVINE. CA 926Hf (address of Surety) (800) 782-15^6 (print name here) (title and organization of signatory)rifc[ By: telephone number of Surety) (print name here) (signature of Attorney-in-Fact) PAMELA MCCARTHY (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (title and organization of signatory) (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: DeputyCity Attorney V* Revised 11/01/06 Contract No. 39611 Page 35 of 100 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Bernardino On 4/%5/6% personally appeared ss. before me,_Frances Lefler, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Pamela McCarthy FRANCES LEfFLER COMM.# 1798660 | NOTARY PUBLIC - CALIFORNIA^ _^ SAN BERNARDINO COUNTY j "My Comm. Expires May 20, 20121 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 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:Number of Pages: Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer Title n Partner — L"J Limited CJ General D Attorney-in-Fact n Trustee CD Guardian or Conservator Other: Signer is Representing: RT THUMBPRINT OF SIGNER Top of thumb here POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Jay P. Freeman,Pamela McCarthy, Susan C. Monteon, Frances Lefler, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY (JOMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be/and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. Stephen T. Pate, Senior Vice President •Ul '/o V / OCT. ! 10 Charles L. Day, Assistant Secretary State of California County of Orange On January 1st, 2008 . before me,.Christopher J. Roach, Notary Public Date Here Insert Name and Title of the Officer personally appeared.Stephen T. Pate and Charles L. Day Name(s) of Signer(s) CHRISTOPHER J. ROACH $ COMM. * 1745939 NOTARY PU9UCCAUFCWJIA j ORAN0E COUNTY Ifocomm. expires May 19,2011 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal ChnjtSpffirJ. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the SEPTEMBER '2 008 d, Assistant Secretary ID-1380(Wet)(Rev.07/07) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. On before me, Date personally appeared Here Insert Name and Title of the OHj (A HjAr Name(s) of Signerls) SARAI TORREBLANCA Commission* 1684796 Notary Public - California Riverside County My Comm. Expires Jul 29.201 who proved to me on the basis of satisfactory evidence to be the person(s^/vhose narne(9) is^a^ subscribed to the within instrument and acKnowledged to me that he/she#hgy executed the same in his/h^T/tR^ir authorized capacHy(tespand that byhis/hQtfth^jr signatuffii^) on the instrument the personal)) or the entity upon behalf of which the persog^sjjacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand And official seal. Place Notary Seal Above Signature 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: L6lbQV" $ (V)/l-ferVjl 1 ? &OITV/ Document Date: Number of Pages: Signer(s) Other Than Named Above:(Q. f-thr 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: f RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. 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: RIGHTTHUMBPRINT | OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O.Box 2402 -Chatswortri, CA 91313-2402- www.NationalNotary.org Item #5907 Reorder:CallToll-Free 1-800-876-6827 BOND tt786984P PREMIUM IS FOR CONTRACT TERM AND IS PREMIUM: $6,840.00 SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2008-257, adopted September 16, 2008, has awarded to MARK SAUER CONSTRUCTION, INC. (hereinafter designated as the "Principal"), a Contract for: LEO CARRILLO RANCH BARN STABILIZATION CONTRACT NO. 39611 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 , as Principal, NOW, THEREFORE, WE MARK SAUER CONSTRUCTION. INC. as Principal, (hereinafter designated as the "Contractor"), and DEVELOPERS SURETY AND INDEMNITY COMPANY as Surety, are held firmly bound unto the City of Carlsbad in the sum of THREE HUNDRED SIXTY THREE THOUSAND Dollars ($363,000.00), 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 bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed there under or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. Revised 11/01/06 Contract No. 39611 Page 36 of 100 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 ^ ' day of "SgPfT^JSfc 20 0&. CONTRACTOR: MARK SAUER CONSTRUCTION, INC. (name of Contractor) By: (sign here) (print name here) (sign here) (print name here) Executed by SURETY this 25TH SEPTEMBER .-20. day of 08 (Title and Organization of Signatory) SURETY: DEVELOPERS SURETY AND INDEMNITY COMPANY (name of Surety) 17780 FITCH §200 IRVINE, CA 92614 (address of Surety) (800) 782-1546 (telephone number of Surety) By:_ (signature of Attorney-in-Fact) PAMELA MCCARTHY (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Title and Organization of signatory) (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: DeputyCity Attorney Revised 11/01/06 Contract No. 39611 Page 37 of 100 Pages CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California Bounty of San Bernardino On ss. before me,_Frances Lefler, Notary Public personally appeared Name and Title of Officer (e.g., "Jane Doe, Notary Public") Pamela McCarthy at******* FRANCES LEFLER | COMM.# 1798660 5 NOTARY PUBLIC - CALIFORNIA S SAN BERNARDINO COUNTY My Comm. Expires May 20, 2012 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 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:Number of Pages: Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer(s) Signer's Name: n Individual LI Corporate Officer Title L~J Partner - d Limited L"5 General CD Attorney-in-Fact CD Trustee n Guardian or Conservator Other: -Signer is Representing: RT THUMBPRINT OF SIGNER Top of thumb here POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263-3300 KNOW ALL MEN BY THESE PRESENTS, that as except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Jay P. Freeman,Pamela McCarthy, Susan C. Monteon, Frances Lefler, jointly or severally*** as their true and lawful Attomey(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that the chairman of the Board, the President and any vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be/and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st, 2008. By Stephen T. Pate, Senior Vice President /.'<*,-,'*> /ja: i•ui i^°*^OCT. -xl 10 :„ = Charles L. Day, Assistant Secretary 1936 State of California County of Orange On January 1st, 2008 . before me,.Christopher J. Roach, Notary Public Date Here Insert Name and Title of the Officer personally appeared _Stephen T. Pate and Charles L. Day Name(s) of Signer(s) CHRISTOPHER J. ROACH COMM, * 1745939 NOTARY PUSUC CALIFORNIA ORANQE COUNTY My comm. expires May 19,2011 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and Signature ChrBtSpffeFj. Roach CERTIFICATE The undersigned, as Assistant Secretary, of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, th2 5TH-day of SEPTEMBER , .2008 ••^^ -^Albert Hillebrand, Assistant Secretary ID-1380(Wet)(Rev.07/07) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On J before me, Sard; personally appeared Name(s) of Signer^s) SARAI TORREBLANCA Commission # 1684796 Notary Public - California Riverside County My Comm. Expires Jul 29,201 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persor^spwhose narn^si is^aT£ subscribed to the within instrument and acknowledged to me that he/she(the£5executed the same in his/her/^heil) authorized capacit^tesQbnd that byhis/hec/thejj signaTufgfstPn the instrument the persort£sjjor the entity upon behalf of which the persor^sj)icted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 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: IrflfrtfVK/ [ Document Date: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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. 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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402' www.NationalNotary.org Item #5907 Reorder:Call Toll-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 LEO CARRILLO RANCH BARN STABILIZATION CONTRACT NO. 39611 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 shaH 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 11/01/06 Contract No. 39611 Page 38 of 100 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 1635 Faraday Avenue. Carlsbad. CA 92008 For Contractor: Title Name Signature Address _ For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 11/01/06 Contract No. 39611 Page 39 of 100 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City:Title MAYOR Name Signature Address 1200 Carlsbad Village Drive. Carlsbad, CA 92008 For Contractor:Title Name Signature Address For Escrow Agent:Title Name Signature. Address Revised 11/01/06 Contract No. 39611 Page 40 of 100 Pages GENERAL PROVISIONS FOR LEO CARRILLO RANCH BARN STABILIZATION CONTRACT NO. 39611 CITY OF CARLSBAD BIDDERS ARE ADVISED THAT THIS SECTION REPLACES PART 1, GENERAL PROVISIONS, OF THE STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION SECTION 1 - TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS - Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory, or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that reference is made to the plans accompanying these provisions, unless stated otherwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly complete the work as required and as approved by the Engineer," unless stated otherwise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Revised 11/01/06 Contract No.39611 Page 41 of 100 Addendum - Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. Agency - the City of Carlsbad, California. Agreement - See Contract. Assessment Act Contract - A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base - A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work. Bidder-Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board - The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad or the Board of Directors of Carlsbad Municipal Water District. Bond - Bid, performance, and payment bond or other instrument of security. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representa- tive. Cash Contract - A Contract financed by means other than special assessments. Change Order - A written order to the Contractor signed by the Agency directing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code - The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager- the Project Inspector's immediate supervisor and first level of appeal for informal dispute resolution. Contract - The written agreement between the Agency and the Contractor covering the Work. Contract Documents - Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (including documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the general conditions, permits from other agencies, the Special Provisions, the Plans, Standard Plans, Standard Specifications, Reference Specifications, and all Modifications issued after the execution of the Contract. Revised 11/01/06 Contract No.39611 Page 42 of 100 Contractor - The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contractor. The term "prime contractor" shall mean Contractor. Contract Price - The total amount of money for which the Contract is awarded. Contract Unit Price - The amount stated in the Bid for a single unit of an item of work. County Sealer - The Sealer of Weights and Measures of the county in which the Contract is let. Days - Days shall mean consecutive calendar's days unless otherwise specified. Deputy City Engineer, Construction Management & Inspection - The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board - persons designated by the City Manager of the City of Carlsbad or Executive Manager of the Carlsbad Municipal Water District, to hear and advise the City Manager on claims submitted by the Contractor. The City Manager for the City of Carlsbad or the Executive Manager for the Carlsbad Municipal Water District is the last appeal level for informal dispute resolution. Electrolier - Street light assembly complete, including foundation, standard, luminaire arm, luminaire, etc. Engineer - the City Engineer of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Geotextile - Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. House Sewer - A sewer, wholly within private property, proposed to connect any building to a house connection sewer. Luminaire - The lamp housing including the optical and socket assemblies (and ballast if so specified). Luminaire Arm - The structural member, bracket, or mast arm, which, mounted on the standard, supports the luminaire. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Modification - Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Revised 11/01/06 Contract No.39611 Page 43 of 100 Notice of Award - The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. NPS- National Park Service 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 . SHPO- State Historic Preservation Office Person - Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans - The drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract - Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Project Inspector - the Engineer's designated representative for inspection, contract administration and first level for informal dispute resolution. Proposal - See Bid. Reference Specifications - Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the latest edition, including amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway - The portion of a street reserved for vehicular use. Service Connection - Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer - Any conduit intended for the reception and transfer of sewage and fluid industrial waste. Specifications - Standard Specifications, Reference Specifications, Special Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. Revised 11/01/06 Contract No.39611 Page 44 of 100 Special Provisions - Additions and revisions to the Standard Specifications setting forth conditions and requirements peculiar to the work. Standard - The shaft or pole used to support street lighting luminaire, traffic signal heads, mast arms, etc. Standard Plans - Details of standard structures, devices, or instructions referred to on the Plans or in Specifications by title or number. Standard Specifications - The Standard Specifications for Public Works Construction (SSPWC), the "Greenbook". State - State of California. Storm Drain - Any conduit and appurtenances intended for the reception and transfer of storm water. Street-Any road, highway, parkway, freeway, alley, walk, or way. Subbase - A layer of specified material of planned thickness between a base and the subgrade. Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the Work. Subgrade - For roadways, that portion of the roadbed on which pavement, surfacing, base, subbase, or a layer of other material is placed. For structures, the soil prepared to support a structure. Supervision - Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed upon and granted to the Agency in becoming a party to the Contract. Except as specifically stated herein, supervision by the Agency shall not mean active and direct superintendence of details of the Work. Supplemental Agreement - A written amendment of the Contract Documents signed by both parties. Surety - Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Tonne - Also referred to as "metric ton". Represents a unit of measure in the International System of Units equal to 1,000 kilograms. Utility - Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work - That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. oRevised 11/01/06 Contract No.39611 Page 45 of 100 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are applicable to these Standard Specifications and to project Plans or other Contract Documents. All abbreviations and symbols used on Plans for structural steel construction shall conform to those given by the "Manual of Steel Construction" published by the American Institute of Steel Construction, Inc. 1-3.2 Common Usage Abbreviation Word or Words o ABAN Abandon ABAND Abandoned ABS Acrylonitrile - butadiene - styrene AC Asphalt Concrete ACP Asbestos cement pipe ACWS Asphalt concrete wearing surface ALT Alternate APIS Apartment and Apartments AMER STD American Standard AWG American Wire Gage (nonferrous wire) BC Beginning of curve BCR Beginning of curb return BDRY Boundary BF Bottom of footing BLDG Building and Buildings BM Bench mark BVC Beginning of vertical curve B/W Back of wall C/C Center to center CAB Crushed aggregate base CAL/OSHA California Occupational Safety and Health Administration CalTrans California Department of Transportation CAP Corrugated aluminum pipe CB Catch Basin Cb Curb CBP Catch Basin Connection Pipe CBR California Bearing Ratio CCR California Code of Regulations CCTV Closed Circuit TV CES Carlsbad Engineering Standards CF Curb face CF Cubic foot C&G Curb and gutter CFR Code of Federal Regulations CFS Cubic Feet per Second CIP Cast iron pipe CIPP Cast-in place pipe CL Clearance, center line CLF Chain link fence CMB Crushed miscellaneous base CMC Cement mortar-coated CML Cement mortar-lined CMWD Carlsbad Municipal Water District CO Cleanout (Sewer) COL Column COMM Commercial CONG Concrete CONN Connection CONST Construct, Construction COORD Coordinate CSP Corrugated steel pipe CSSD Carlsbad Supplemental Standard Drawings CTB Cement treated base CV Check valve CY Cubic yard D Load of pipe dB Decibels DBL Double DF Douglas fir DIA Diameter DIP Ductile iron pipe DL Dead load DR Dimension Ratio DT Drain Tile DWG Drawing DWY Driveway DWY APPR Driveway approach E Electric EA Each EC End of curve ECR End of curb return EF Each face EG Edge of gutter EGL Energy grade line El Elevation ELC Electrolier lighting conduit ELT Extra long ton ENGR Engineer, Engineering EP Edge of pavement ESMT Easement ETB Emulsion-treated base EVC End of vertical curb EWA Encina Wastewater Authority EXC Excavation EXP JT Expansion joint EXST Existing F Fahrenheit F&C Frame and cover F&l Furnish and install FAB Fabricate FAS Flashing arrow sign FD Floor drain FDN Foundation o Revised 11/01/06 Contract No.39611 Page 46 of 100 FED SPEC Federal Specification FG Finished grade FH Fire hydrant FL Flow line FS Finished surface FT-LB Foot-pound FTG Footing FW Face of wall G Gas GA Gauge GAL Gallon and Gallons GALV Galvanized GAR Garage and Garages GIP Galvanized iron pipe GL Ground line or grade line GM Gas meter GNV Ground Not Visible GP Guy pole GPM gallons per minute GR Grade GRTG Grating GSP Galvanized steel pipe H High or height HB Hose bib HC House connection HDWL Headwall HGL Hydraulic grade line HORIZ Horizontal HP Horsepower HPG High pressure gas HPS High pressure sodium (Light) HYDR Hydraulic IE Invert Elevation ID Inside diameter INCL Including INSP Inspection INV Invert IP Iron pipe JC Junction chamber JCT Junction JS Junction structure JT Joint L Length LAB Laboratory LAT Lateral LB Pound LD Local depression LF Linear foot LH Lamp hole LL Live load LOL Layout line LONG Longitudinal LP Lamp post LPS Low pressure sodium (Light) LS Lump sum LTS Lime treated soil LWD Leucadia Wastewater District MAINT Maintenance MAX Maximum MCR Middle of curb return MEAS Measure MH Manhole, maintenance hole MIL SPEC Military specification MISC Miscellaneous MOD Modified, modify MON Monument MSL . Mean Sea Level (Reg. Standard Drawing M-12) MTBM Microtunneling Boring Machine MULT Multiple MUTCD.... Manual on Uniform Traffic Control Devices MVL Mercury vapor light NCTD North County Transit District NRCP Nonreinforced concrete pipe OBS Obsolete OC On center OD Outside diameter OE Outer edge OHE Overhead Electric OMWD Olivenhain Municipal Water District OPP Opposite ORIG Original PB Pull box PC Point of curvature PCC Portland cement concrete or point of compound curvature PCVC Point of compound vertical curve PE Polyethylene PI Point of intersection PL Property line PMB Processed miscellaneous base POC Point on curve POT Point on tangent PP Power pole PRC Point of reverse curve PRVC Point of reverse vertical curve PSI Pounds per square inch PT Point of tangency PVC Polyvinyl chloride PVMT Pavement PVT R/W Private right-of-way Q Rate of flow in cubic feet per second QUAD Quadrangle, Quadrant R Radius R&O Rock and oil R/W Right-of-way RA Recycling agent RAG Recycled asphalt concrete RAP Reclaimed asphalt pavement RBAC Rubberized asphalt concrete RC Reinforced concrete RGB Reinforced concrete box RCE Registered civil engineer RCP Reinforced concrete pipe RCV Remote control valve REF Reference REINF Reinforced or reinforcement RES Reservoir RGE Registered geotechnical engineer ROW Right-of-Way RR Railroad RSE Registered structural engineer RTE Registered traffic engineer S Sewer or Slope, as applicable SCCP Steel cylinder concrete pipe SD Storm drain SDNR San Diego Northern Railway SDR Standard thermoplastic pipe dimension ratio (ratio of pipe O.D. to minimum wall thickness) SDRSD San Diego Regional Standard Drawings SE Sand Equivalent Revised 11/01/06 Contract No.39611 Page 47 of 100 SEC Section SF Square foot SFM Sewer Force Main SI International System of Units (Metric) SPEC Specifications SPPWC Standard Plans for Public Works Construction SSPWC Standard Specifications for Public Works Construction STHWY State highway STA Station STD Standard SIR Straight SIR GR Straight grade STRUG Structural/Structure SW Sidewalk SWD Sidewalk drain SY Square yard T Telephone TAN Tangent TC Top of curb TEL Telephone TF Top of footing TOPO Topography 1-3.3 Institutions. TR Tract TRANS Transition TS Traffic signal or transition structure TSC Traffic signal conduit TSS Traffic signal standard TW Top of wall TYP Typical UE Underground Electric USA Underground Service Alert VAR Varies, Variable VB Valve box VC Vertical curve VCP Vitrified clay pipe VERT Vertical VOL Volume VWD Vallecitos Water District W Water, Wider or Width, as applicable WATCH Work Area Traffic Control Handbook Wl Wrought iron WM Water meter WPJ Weakened plane joint XCONN Cross connection XSEC Cross section Abbreviation Word or Words AASHTO American Association of State Highway and Transportation Officials AISC American Institute of Steel Construction ANSI American National Standards Institute API American Petroleum Institute AREA.... American Railway Engineering Association ASTM American Society for Testing and Materials AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association FHWA Federal Highway Administration GRI Geosynthetic Research Institute NEMA National Electrical Manufacturers Association NOAA National Oceanic and Atmospheric Administration (Dept. of Commerce) UL Underwriters' Laboratories Inc. USGS United States Geological Survey 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in parenthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. Reference is also made to ASTM E 380 for definitions of various units of the SI system and a more extensive set of conversion factors. Revised 11/01/06 Contract No.39611 Page 48 of 100 1-4.2 Units of Measure and Their Abbreviations. U.S. Customary Unit (Equal To) SI Unit (Abbreviations) (Abbreviations) 1 mil (=0.001 in) 25.4 micrometer (urn) 1 inch (in) 25.4 millimeter (mm) 1 inch (in) 2.54 centimeter (cm) 1 foot (ft) 0.3048 meter (m) 1 yard (yd) 0.9144 meter (m) 1 mile (mi) „ 1.6093 kilometer (km) 1 square foot (ft), 0.0929 square meter (m} 1 square yard (yd ) 0.8361 square meter (m ) 1 cubjc foot (ft3) 0.0283 cubic meter (rrg 1 cubic yard (yd ) 0.7646 cubic meter (m) 1 acre 0.4047 hectare (ha) 1 U.S. gallon (gal) 3.7854 Liter (L) 1 fluid ounce (fl. oz.) 29.5735 millileter (mL) 1 pound mass (Ib) (avoirdupois) 0.4536 kilogram (kg) 1 ounce mass (oz) 0.02835 kilogram (kg) 1 Ton (=2000 Ib avoirdupois) 0.9072 Tonne (= 907 kg) 1 Poise 0.1 pascal second (Pa s) 1 centistoke (cs) 1 square millimeters per second (mm Is) 1 pound force (Ibf) 4.4482 Newton (N) 1 pounds per square inch (psi) 6.8948 Kilopascal (kPa) 1 pound force per foot (Ibf/ft) 1.4594 Newton per meter (N/m) 1 foot-pound force (ft-lbf) 1.3558 Joules (J) 1 foot-pound force per second ([ft-lbf]/s) 1.3558 Watt (W) 1 part per million (ppm) 1 milligram/liter (mg/L) Temperature Units and Abbreviations Degree Fahrenheit (°F): Degree Celsius (°C): °F = (1.8 x °C) + 32 "C = (°F - 32)/1.8 SI Units (abbreviation) Commonly Used in Both Systems 1 Ampere (A) 1 Volt (V) 1 Candela (cd) 1 Lumen (Im) 1 second (s) Common Metric Prefixes kilo(k) 103, centi(c) 10"? milli(m) 10"3 micro (n) 10"6 nano(n) 10"!, pico(p) 10'12 1-5 SYMBOLS A Delta, the central angle or angle between tangents Z. Angle % Percent Feet or minutes Inches or seconds1 Number / per or (between words)0 Degree PL Property line CL Centerline SL Survey line or station line Revised 11/01/06 Contract No.39611 Page 49 of 100 SECTION 2 - SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper withholdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one- half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), which- ever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Subcontractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid), the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substitute any person as Subcontractor in place of the Subcontractor listed in the original Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcontractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings 0Revised 11/01/06 Contract No.39611 Page 50 of 100 under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an officer's certificate as defined in Revised 11/01/06 Contract No.39611 Page 51 of 100 Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may be verified by the oath of the principal officer or manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or extensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Plans and Specifications, to which the Engineer shall have access at all times. The specifications for the work include the project technical specifications, Carlsbad Engineering Standards (CES), Standard Specifications for Public Works Construction, (SSPWC), 2006 Edition (Part 2 & 3), and any and all 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 set of drawings designated as Leo Carrillo Ranch Bam Stabilization & Restoration, City of Carlsbad Drawing No. 453-7, City Project No. 39611 . The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRSD, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Engineering Standards, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District, hereinafter designated as CES. The Plans, Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. Anything specified in the Specifications and not shown on the Plans, or shown on the Plans and not specified in the Specifications, shall be as though shown on or specified in both. The Plans shall be supplemented by such working drawings and shop drawings as are necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is made on the Plans, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Plans or Specifications, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in precedence shall control. ^F Revised 11/01/06 Contract No.3961 1 Page 52 of 100 The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Carlsbad General Provisions. 3) Technical Specifications 4) Plans 5) City of Carlsbad Engineering Standards, 2006 Edition 7) San Diego Regional Standard Drawings 8) State of California Department of Transportation Standard Plans 9) Standard Specifications for Public Works Construction 10) Reference Specifications 11) Manufacturer's Installation Recommendations Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 9) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2- 5.3.3 and 2-5.3.4, when required by the Plans or Special Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submittals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contractor from responsibility for errors, omissions, or deviations from the Contract Documents, unless such deviations were specifically called to the attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 20 working days for review of submittals unless otherwise specified in the Special Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals: Revised 11/01/06 Contract No.39611 Page 53 of 100 "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: 2-5.3.2 Working Drawings. Working drawings are drawings showing details not shown on the Plans which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary details. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If revisions are required, the Engineer will return one copy along with the reproducible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manufactured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the Special Provisions. 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the operation and maintenance of a manufactured product or system to be constructed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the Special Provisions or directed by the Engineer. Supporting information for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the following and is required unless otherwise specified in the Special Provisions: 1) List of Subcontractors 2) List of Materials 3) Certifications 4) Construction Schedule per 6-1. 5) Confined Space Entry Program per 7-10.4.4. 6) Concrete mix designs 7) Data, including, but not limited to, catalog sheets, manufacturer's brochures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for irrigation systems,and may also be required for any product, manufactured item, or system. 2-5.4 RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a complete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) Revised 11/01/06 Contract No.39611 Page 54 of 100 days of completion of the work. Payment for performing the work required by Section 2-5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 SUBSURFACE DATA. All soil and test hole data, water table elevations, and soil analyses shown on the drawings or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense. 2-9 SURVEYING. 2-9.2 Survey Service. The Contractor shall hire and pay for the services of a Surveyor, hereinafter Surveyor to perform all work necessary for establishing control, construction staking, records research and all other surveying work necessary to construct the work, provide surveying services as required herein and provide surveying, drafting and other professional services required to satisfy the requirements of the Land Surveyors Act. Surveyor shall be resident on the site during all surveying operations and shall personally supervise and certify the surveying work. 2-9.2.1 Submittal of Surveying Data, All surveying data submittals shall conform to the requirements of Section 2-5.3.3, "Submittals", herein. The Contractor shall submit grade sheets to the Engineer before commencing work in the area affected by the grade sheets. The Contractor shall submit field notes for all surveying required herein to the Engineer within ten days of performing the survey. All surveying field notes, grade sheets and survey calculations shall be submitted in bound form on 215mm by 280 mm (81/2" by 11") paper. The field notes, calculations and supporting data shall be clear and complete. The Contractor shall have a Record of Survey prepared by the Surveyor and file it in conformance with §§ 8700 - 8805 of the State of California Business and Professions Code when the Surveyor performs any surveying that such map is required under §§ 8762 of the State of California Business and Professions Code and whenever the Surveyor shall establish, set or construct any permanent survey monument. SDRS drawing M-10 type monuments, bolts, spikes, leaded tacks and nails (when set in concrete), iron pipes, reinforcing steel and all monuments and marks that are at, or accessory to, property comers and street centerlines are permanent survey monuments. The Record of Survey shall show all monuments set, control monuments used, the basis of bearings and all other data needed to determine the procedure of survey and the degree of accuracy attained by the field surveying including the unadjusted ratio of closure. The unadjusted ratio of closure shall not exceed 1 part in 40,000. 2-9.2.3 Payment for Survey, Payment for work performed to satisfy the requirements of Sections 2- 9.1 through 2-9.2.2 shall be included in the actual bid items requiring the survey work and no additional payment will be made. Extension of unit prices for extra work shall include full compensation for attendant survey work and no additional payment will be made. Payment for the replacement of disturbed monuments and the filing of records of survey and/or corner records, including filing fees, shall be incidental to the work necessitating the disturbance of said monuments and no additional payment will be made. 2-9.3 Private Engineers. Surveying by private engineers on the Work shall conform to the quality and practice required by the Engineer. 2-9.4 Line and Grade. All work shall conform to the lines, elevations, and grades shown on the Plans. Revised 11/01/06 Contract No.39611 Page 55 of 100 Three consecutive points set on the same slope shall be used together so that any variation from a straight grade can be detected. Any such variation shall be reported to the Engineer. In the absence of such report, the Contractor shall be responsible for any error in the grade of the finished work. Grades for underground conduits will be set at the surface of the ground. The Contractor shall transfer them to the bottom of the trench. 2-10 AUTHORITY OF BOARD AND ENGINEER. The Board has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Plans and Specifications. The Contractor shall promptly comply with instructions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Board. 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. 2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have 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 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. 2-11 INSPECTION. The Work is subject to inspection and approval by the Engineer. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract. SECTION 3 - CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR. Revised 11/01/06 Contract No.39611 Page 56 of 100 3-1.1 General. Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The Agency may change the Plans, Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by written Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or established method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjustments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement can not be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the eliminated item prior to notification in writing from the Engineer so stating its elimination. If material conforming to the Plans and Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the Engineer, and if the order for that material can not be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the material shall become the property of the Agency. Payment will be made to the Contractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the actual cost of charges made by the supplier for returning the material and for handling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the Engineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. Revised 11/01/06 Contract No.39611 Page 57 of 100 (a) Labor. The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be proportioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by 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. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be returned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used. Manufacturer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rating recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equipment is first put into actual operation on the extra work, plus the time required to move it from its previous site and back, or to a closer site. Revised 11/01/06 Contract No.39611 Page 58 of 100 (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those required for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. Invoices covering all such items in detail shall be submitted with the request for payment. (e) Invoices. Vendors' invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures .. 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expenditures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of dis- agreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcon- tractors or others shall be submitted through the Contractor. The report shall: 1. Show names of workers, classifications, and hours worked. 2. Describe and list quantities of materials used. 3. Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4. Describe other services and expenditures in such detail as the Agency may require. Revised 11/01/06 Contract No.39611 Page 59 of 100 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the following ^^ Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and "*! before they are disturbed: ^"^ 1. Subsurface or latent physical conditions differing materially from those represented in the contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and 3. Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a written request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in compensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disagrees. The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. •/^^The Contractor shall not be entitled to the payment of any additional compensation for any act, or ^J? failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of potential claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Title: ^J Revised 11/01/06 Contract No.39611 Page 60 of 100 Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Construction Manager 3. Deputy City Engineer, Construction Management & Inspection 4. City Engineer 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thousand Revised 11/01/06 Contract No.39611 Page 61 of 100 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. (bX1) 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 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. Revised 11/01/06 Contract No.39611 Page 62 of 100 (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.1. General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or Revised 11/01/06 Contract No.39611 Page 63 of 100 not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be replaced. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permitted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary For the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations. Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes are acceptable upon certification as to compliance with the Specifications, subject to sampling and testing by the Agency. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are subject to inspection at the job site only. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Specifications may require inspection at the source for other items not typical of those listed in this section. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained before producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Plans and Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any processing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract requirements. Revised 11/01/06 Contract No.39611 Page 64 of 100 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of *-* inspection at the source, including salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial testing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to renotify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materials to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials specified or offer an equivalent. The Engineer shall determine whether the material offered is equivalent to that specified. Adequate time shall be allowed for the Engineer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equipment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to **"*" those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemical, or other characteristics, including durability, **W Revised 11/01/06 Contract No.39611 Page 65 of 100 finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1.7 Weighing and Metering Equipment. All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County. The accuracy of the work of a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented, prior to operation, to the Engineer for approval and shall be renewed whenever required by the Engineer at no cost to the Agency. All scales shall be arranged so they may be read easily from the operator's platform or area. They shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within 1 percent when tested with the plant shut down. Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area that the error in weighing with the entire plant running will not exceed 2 percent for any setting nor 1.5 percent for any batch. 4-1.8 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain- measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed 12 months and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-1.9 Construction Materials Dispute Resolution (Soils, Rock Materials, Concrete, Mortar and Related Materials, Masonry Materials, Bituminous Materials, Rock Products, and Modified Asphalts). In the interest of safety and public value, whenever credible evidence arises to contradict the test values of materials, the Agency and the Contractor will initiate an immediate and cooperative investigation. Test values of materials are results of the materials' tests, as defined by these Specifications or by the special provisions, required to accept the Work. Credible evidence is process observations or test values gathered using industry accepted practices. A contradiction exists whenever test values or process observations of the same or similar materials are diverse enough such that the work acceptance or performance becomes suspect. The investigation shall allow access to all test results, procedures, and facilities relevant to the disputed work and consider all available information and, when necessary, gather new and additional information in an attempt to determine the validity, the cause, and if necessary, the remedy to the contradiction. If the cooperative investigation reaches any resolution mechanism acceptable to both the Agency and the Contractor, the contradiction shall be considered resolved and the cooperative investigation concluded. Revised 11/01/06 Contract No.39611 Page 66 of 100 Whenever the cooperative investigation is unable to reach resolution, the investigation may then either conclude without resolution or continue by written notification of one party to the other "•*»w requesting the implementation of a resolution process by committee. The continuance of the investigation shall be contingent upon recipient's agreement and acknowledged in writing within 3 calendar days after receiving a request. Without acknowledgement, the investigation shall conclude without resolution. The committee shall consist of three State of California Registered Civil Engineers. Within 7 calendar days after the written request notification, the Agency and the Contractor will each select one engineer. Within 14 calendar days of the written request notification, the two selected engineers will select a third engineer. The goal in selection of the third member is to complement the professional experience of the first two engineers. Should the two engineers fail to select the third engineer, the Agency and the Contractor shall each propose 2 engineers to be the third member within 21 calendar days after the written request notification. The first two engineers previously selected shall then select one of the four proposed engineers in a blind draw. The committee shall be a continuance of the cooperative investigation and will re-consider all available information and if necessary gather new and additional information to determine the validity, the cause, and if necessary, the remedy to the contradiction. The committee will focus upon the performance adequacy of the material(s) using standard engineering principles and practices and to ensure public value, the committee may provide engineering recommendations as necessary. Unless otherwise agreed, the committee will have 30 calendar days from its formation to complete their review and submit their findings. The final resolution of the committee shall be by majority opinion, in writing, stamped and signed. Should the final resolution not be unanimous, the dissenter may attach a written, stamped, and signed minority opinion. Once started, the resolution process by committee shall continue to full conclusion unless: 1. Within 7 days of the formation of the committee, the Agency and the Contractor reach an acceptable resolution mechanism; or 2. Within 14 days of the formation of the committee, the initiating party withdraws its written notification and agrees to bear all investigative related costs thus far incurred; or 3. At any point by the mutual agreement of the Agency and the Contractor. Unless otherwise agreed, the Contractor shall bear and maintain a record for all the investigative costs until resolution. Should the investigation discover assignable causes for the contradiction, the assignable party, the Agency or the Contractor, shall bear all costs associated with the investigation. Should assignable causes for the contradiction extended to both parties, the investigation will assign costs cooperatively with each party or when necessary, equally. Should the investigation substantiate a contradiction without assignable cause, the investiga- tion will assign costs cooperatively with each party or when necessary, equally. Should the investigation be unable to substantiate a contradiction, the initiator of the investigation shall bear all investigative costs. All claim notification requirements of the contract pertaining to the contradiction shall be suspended until the investigation is concluded. 4-2 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 Revised 11/01/06 Contract No.39611 Page 67 of 100 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. The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown on the Plans, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identification number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the support of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located as shown on the Plans or in accordance with Section 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incorrectly on the Plans, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. When placing concrete around or contiguous to any non-metallic utility installation, the Contractor shall at its expense: 1. Furnish and install a 2 inch cushion of expansion joint material or other similar resilient material; or 2. Provide a sleeve or other opening which will result in a 2 inch minimum-clear annular space between the concrete and the utility; or 3. Provide other acceptable means to prevent embedment in or bonding to the concrete. Where concrete is used for backfill or for structures which would result in embedment, or partial embedment, of a metallic utility installation; or where the coating, bedding or other cathodic protection system is exposed or damaged by the Contractor's operations, the Contractor shall notify Revised 11/01/06 Contract No.39611 Page 68 of 100 the Engineer and arrange to secure the advice of the affected utility owner regarding the procedures required to maintain or restore the integrity of the system. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering portions of utilities shown on the Plans or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Contractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Plans or Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor, except for manhole frame and cover sets to be brought to grade as provided in the Standard Specifications for Public Works Construction, Section 301-1.6, 2006 Edition, and supplements thereto -Utilities which are relocated in order to avoid interference shall be protected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Plans or Specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrangements and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engineer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be included as a part of the construction schedule required in Section 6-1. The Contractor shall notify the Engineer in writing Revised 11/01/06 Contract No.39611 Page 69 of 100 of any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, noted, and completed in accordance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown on the Plans. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utilities are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judicious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. SECTION 6 - PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 14 calendar days after receipt of the "Notice to Proceed". 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per Section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. 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. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. Revised 11/01/06 Contract No.39611 Page 70 of 100 6-1.2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the *"**••" Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram showing all of the activities, logic relationships, and milestones comprising the schedule. 6-1.2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity the identification number, the description, the duration, the early start, the early finish, the late start, the late finish, the total float, and all predecessor and successor activities for the activity described. 6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.2.4 Schedule Software. The Contractor shall use commercially available software equal to the Windows 2000 compatible "Suretrak" program by Primavera or "Project" program by Microsoft Corporation to prepare the Baseline Construction Schedule and all updates thereto. The Contractor shall submit to the Agency a CD-ROM data disk with all network information contained thereon, in a format readable by a Microsoft Windows 2000 system. The Agency will use a "Suretrak", "Project" or equal software program for review of the Contractor's schedule. 6-1.2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The Baseline Construction Schedule shall include between 25 and 100 activities, including submittals, interfaces between utility companies and other agencies, project milestones and equipment and material deliveries. The number of activities will be sufficient, in the judgment of the Engineer, to communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have recognizable beginning and end points. 6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per Section 6-4. 6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire contractual time span of the project. Should the Contractor propose a project duration shorter than contract duration, a complete Baseline Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor's proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public "**"""*" and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a shortened duration project will be Revised 11/01/06 Contract No.39611 Page 71 of 100 confirmed through the execution of a contract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. 6-1.2.10 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determination that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.10.1 through 6-1.2.10.3. 6-1.2.10.1 "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed, and will not receive payment for the schedule. 6-1.2.10.2 "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the comments. 6-1.2.10.3 "Not Accepted." The Contractor must resubmit the schedule incorporating the corrections and changes of the comments. The Notice to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked "Accepted" by the Engineer. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activity's schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6-1.2 through 6- 1.2.9 and 6-1.3.1 through 6-1.3.7. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 Electronic Media. The schedule data disk shall be a CD-ROM, labeled with the project name and number, the Contractor's name and the date of preparation of the schedule data disk. The schedule data disk shall be readable by the software specified in Section 6-1.2.4 "Schedule Revised 11/01/06 Contract No.39611 Page 72 of 100 Software" and shall be free of file locking, encryption or any other protocol that would impede full access of all data stored on it. 6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic, with an explanation for each change. 6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Schedule will be returned marked as per Sections 6-1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked "Accepted with Comments" or "Not Accepted" by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated construction schedule will invoke the same consequences as the Engineer returning a monthly updated construction schedule marked "Not Accepted". 6-1.4.1 "Accepted." The Contractor may proceed with the project work. 6-1.4.2 "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments. 6-1.4.3 "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor's responsibility. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone duration, the Agency may withhold Liquidated Damages for the number of days late. Should a subsequent "Accepted" Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance requirements of Section 6-1, including but not limited to the acceptance and payment Revised 11/01/06 Contract No.39611 Page 73 of 100 provisions. As used in this section "substantially different" means a time variance greater than 5 percent of the number of days of duration for the project. 6-1.7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engineer's Review of Updated Construction Schedule. Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Measurement and Payment of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore park and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecuting the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the Work during periods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes: foundation walls, footings, structural bracing for walls, concrete flooring, roofing and restorations of wood cupola, exterior stairs, and entry doors. All work shall be done in accordance with The Secretary of the Interior's Standards for the Treatment of Historic Properties. Work under this contract shall also include minimal site grading and drainage improvements. 6-2.3 Project Meetings. The Engineer will establish the time and location of bi weekly Project Meetings. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, "The Contractor's Representative". No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. Revised 11/01/06 Contract No.39611 Page 74 of 100 6-3.2 Archaeological and Paleontological Discoveries. If discovery is made of items of archaeological or paleontological interest, the Contractor shall immediately cease excavation in the area of discovery and shall not continue until ordered by the Engineer. When resumed, excavation operations within the area of discovery shall be as directed by the Engineer. Discoveries which may be encountered may include, but not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones, and fossils. The Contractor shall be entitled to an extension of time and compensation in accordance with the provisions of Section 6-6. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Contractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. The Contract may be canceled by the Agency without liability for damage, when in the Agency's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Agency's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Contractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency declares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all respects for that part, and shall be paid by the Agency for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work progresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Contractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies available to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own discretion or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, Revised 11/01/06 Contract No.39611 Page 75 of 100 labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof, the proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best interests of the Agency. The Contractor will not be entitled to damages or additional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for noncontrolling delays to minor portions of the Work unless it can be shown that such delays did or will delay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Contractor will be compensated for damages incurred due to delays for which the Agency is responsible. Such actual costs will be determined by the Engineer. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The Contractor shall complete each portion of the Work within such time as set forth in the Contract for such portion. Unless otherwise specified, the time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion wiihin after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1 . Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency,oRevised 11/01/06 Contract No.39611 Page 76 of 100 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, 5. any day the Contractor is prevented from working at the beginning of the workday for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. 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. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement showing allowable number of working days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of working days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Agency. Upon such certification by the Engineer the Agency may accept the completed Work. Upon the Agency's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of $1,500 per day, Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that $900 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work Revised 11/01/06 Contract No.39611 Page 77 of 100 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. r ~*^ 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency reserves the right to take over and utilize all or part of any completed facility or appurtenance. The Contractor will be notified in writing in advance of such action. Such action by the Agency will relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic or from the action of the elements or from any other cause, except Contractor operations or negligence. The Contractor will not be required to reclean such portions of the improvement before field acceptance, except for cleanup made necessary by its operations. Nothing in this section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials. In the event the Agency exercises its right to place into service and utilize all or part of any completed facility or appurtenance, the Agency will assume the responsibility and liability for injury to persons or property resulting from the utilization of the facility or appurtenance so placed into service, except for any such injury to persons or property caused by any willful or negligent act or omission by the Contractor, Subcontractor, their officers, employees, or agents. SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the Work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws. 7-2 LABOR. A 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who >—^ is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the Work by the Contractor and not be reemployed on the Work. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimina- tion because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Agency has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Contract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Contractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public ^- Works Contract. "is^tf The cost of this insurance shall be included in the Contractor's Bid. Revised 11/01/06 Contract No.39611 Page 78 of 100 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which re- quire every employer to be insured against liability for workers' compensa- tion or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the per- formance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Engineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Contractor all City of Carlsbad encroachment, right-of-way, grading and other permits necessary to perform work for this contract on Agency property, streets, or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its operations such as, but not limited to, those permits required for night work, overload, blasting, and demolition. For private contracts, the Contractor shall obtain all permits incidental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-5.1 Resource Agency Permits. Resource agency permits are not a requirement of work for this project. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language. 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Revised 11/01/06 Contract No.39611 Page 79 of 100 Agency, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others, the Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the extent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE. 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permitted as a substitute for sweeping or other methods. When required by the Plans or Specifications, the Contractor shall furnish and operate a self-loading motor sweeper with spray nozzles at least once each working day for the purpose of keeping paved areas acceptably clean wherever construction, including restoration, is incomplete. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Excess excavation material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping. Failure of the Contractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority. Revised 11/01/06 Contract No.39611 Page 80 of 100 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary extermination work shall be ""*•'* arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire), without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable precaution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide prevention, control, and abatement of water pollution. The Contractor shall comply with the California State Water Resources Control Board (SWRCB) Order Number 99-08-DWQ, National Pollutant Discharge Elimination System (NPDES) General Permit Number CAS000002, Waste Discharge Requirements (WDR's) for Discharges of Stormwater Runoff associated with Construction Activity (General Permit) and subsequent adopted modifications and with all requirements of the Storm Water Pollution Prevention and Monitoring Plans for this project in accordance with these regulations. 7-8.6 To obtain coverage under general permit of Order Number 99-08-DWQ the landowner, which is typically the City, must file a Notice of Intent (NOI) with the SWRCB. A model Storm Water Pollution Prevention Plan (SWPPP) will not be a requirement for this project, however, BMP's for water pollution prevention will be required and a copy of these can be obtained from the Project Manager for use in implementing BMP's for the project. iAII costs for preparing and implementing the Storm Water Pollution Prevention BMP's shall be included as part of the contract price bid. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of sandbags,, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the park site which are not ••- • designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a Revised 11/01/06 Contract No.39611 Page 81 of 100 portion of a sprinkler system within the site must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be reseeded and covered with suitable mulch. The Contractor shall give reasonable notice to owner to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the park which are designated for removal and would be destroyed because of the Work. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.1 Park Access. Park will remain open to the public during the construction for this project. Arrangements must be made with the Inspector for access to begin work before park opens to public in the morning. All equipment and tools shall not be a nusisance or hazard to the general public and the area shall receive temporary fencing to protect the project site from other ongoing park operations. 7-10.4.3 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Material Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the manufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.4 Confined Spaces. (a) Confined Space Entry Program. The Contractor shall be responsible for implementing, administering and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157 and 5158, Title 8, CCR. Prior to starting the Work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following: 1. Training of personnel 2. Controlled access to the space 3. Ventilation of the space 4. Special hazards consideration 5. Personal protective equipment The Contractor's submittal shall include the names of its personnel, including subcontractor personnel, assigned to the project who will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP. (b) Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in Section 5157, Title 8, CCR may be required as a part of the Work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit- Revised 11/01/06 Contract No.39611 Page 82 of 100 required confined spaces until the pre-entry procedures demonstrate otherwise. The Contractor shall implement a permit space program prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by Contractor and Agency personnel at the Work site. (c) Payment. Payment for implementing, administering, and providing all equipment and personnel to perform the CSEP shall be included in the bid items for which the CSEP is required. 10.4.5 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Contractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and National laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 8-1 GENERAL. Facilities for Agency personnel does not apply to this contract. SECTION 9 - MEASUREMENT AND PAYMENT Revised 11/01/06 Contract No.39611 Page 83 of 100 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 9-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. The planimeter shall be considered an instrument of precision adapted to measurement of all areas. 9-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipulated in the particular sections involved. 9-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 9-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 9-2 LUMP SUM WORK. Items for which quantities are -indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full compensation for the items of work and all work appurtenant thereto. When required by the Specifications or requested by the Engineer, the Contractor shall submit to the Engineer within 15 days after award of Contract, a detailed schedule in triplicate, to be used only as a basis for determining progress payments on a lump sum contract or designated lump sum bid item. This schedule shall equal the lump sum bid and shall be in such form and sufficiently detailed as to satisfy the Engineer that it correctly represents a reasonable apportionment of the lump sum. 9-3 PAYMENT 9-3.1 General. The quantities listed in the Bid schedule will not govern final payment. Payment to the Contractor will be made only for actual quantities of Contract items constructed in accordance with the Plans and Specifications. Upon completion of construction, if the actual quantities show either an increase or decrease from the quantities given in the Bid schedule, the Contract Unit Prices will prevail subject to the provisions of Section 3-2.2.1. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, labor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or excess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act under which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be deducted from any amount due or becoming due from the Agency. Whenever immediate action is required to prevent injury, death, or property damage, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after reasonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such Revised 11/01/06 Contract No.39611 Page 84 of 100 cost from any amount due or becoming due from the Agency. Agency action or inaction under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Payment shall not be construed as the transfer of ownership of any equipment or materials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment required to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as provided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion." If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained. 9-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's payment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on, completed work and change order work and as provided for in Section 9-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. From each progress estimate, 10 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. After 50 percent of the Work has been completed and if progress on the Work is satisfactory, the deduction to be made from remaining progress estimates and from the final estimate may be limited to $500 or 10 percent of the first half of total Contract amount, whichever is greater. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. Revised 11/01/06 Contract No.39611 Page 85 of 100 As provided in Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in Section 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 9-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. Revised 11/01/06 Contract No.39611 Page 86 of 100 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress estimate. 9-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. 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. SUPPLEMENTAL PROVISIONS TO "GREEN BOOK" STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 2, CONSTRUCTION MATERIALS SECTION 200 - ROCK MATERIALS 200-1 ROCK PRODUCTS Add the following section: 200-1.2.2 Permeable Material. Permeable material shall consist of hard, durable, clean sand, gravel, or crushed stone, and shall be free from organic material, clay balls, or other deleterious substances. Class 1 and Class 2 permeable material shall have a Durability Index of not less than 40. Class 2 Permeable material shall have a Sand Equivalent value of not less than 75. Class 1 permeable material shall conform to the requirements in this section and Table 200-1.2.2(A). Class 2 permeable material shall conform to the requirements in this section and Table 200-1.2.2(8). When permeable material is required and the class or kind is not specified, Class 1 permeable material shall be used. The alternative gradings within Class 1 permeable material are identified by types. Unless otherwise shown on the plans the Contractor will be permitted to furnish and place any one of the types provided for this class. The percentage composition by mass of permeable material in place shall conform to the gradings in Tables 200-1.2.2(A) and 200-1.2.2(8). TABLE 200-1.2.2(A) CLASS 1 PERMEABLE MATERIAL Sieve Sizes 50-mm (2") 37.5-mm(lV2") 19-mmCV) Percen Type A — — 100 tage Passing Type 8 100 95-100 50-100 Revised 11/01/06 Contract No.39611 Page 87 of 100 12.5-mm (V2") 9.5-mm (V) 4.75-mm (No. 4) 2.36-mm (No. 8) 75-um (no. 200) 95-100 70-100 0-55 0-10 0-3 — 15-55 0-25 0-5 0-3 TABLE 200-1.2.2(6) CLASS 2 PERMEABLE MATERIAL Sieve Sizes 25-mm(1") 19-mmCV4") 9.5-mm (V) 4.75-mm (No. 4) 2.36-mm (No. 8) 600-um (No. 30) 300-um (No. 50) 75-um (no. 200) Percentage Passing 100 90-100 40-100 25-40 18-33 5-15 0-7 0-3 200-2 UNTREATED BASE MATERIALS 200-2.1 General. Add the following: Aggregate base shall be Class 2 Aggregate Base per Caltrans Standard Specification, July 1999, Section 26: Aggregate Bases, Subsection 26-1.02A Class 2 Aggregate Base and as specified herein. Add the following section: 200-2.7 Class 2 Aggregate Base. Aggregate for Class 2 aggregate base shall be free from organic matter and other deleterious substances, and shall be of such nature that it can be compacted readily under watering and rolling to form a firm, stable base. Aggregate may include material processed from reclaimed asphalt concrete, portland cement concrete, lean concrete base, cement treated base or a combination of any of these materials. Aggregate shall conform to the grading and quality requirements shown in the following tables. At the option of the Contractor, the grading for either the 11/2-inch maximum or 3/4 inch maximum shall be used, except that once a grading is selected it shall not be changed without the Engineer's written approval. AGGREGATE GRADING REQUIREMENTS Sieve Sizes 2" 11/2" 1" 3/4" No. 4 No. 30 No. 200 11/2" Maximum Operating Range 100 90-100 50-85 25-45 10-25 2-9 Percentage Passing 3/4" Maximum Operating Range 100 90-100 35-60 10-30 2-9 QUALITY REQUIREMENTS Tests Resistance (R-value) Sand Equivalent Durability Index Operating Range 78 Win. 25 Min. 35 Min. The aggregate shall not be treated with lime, cement or other chemical material before the Durability Index test is performed. If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the Revised 11/01/06 Contract No.39611 Page 88 of 100 requirements specified for "Operating Range" but meet the "Contract Compliance" requirements, placement of the aggregate base may be continued for the remainder of that day. However, another day's work may not be started until tests, or other information, indicate to the satisfaction of the Engineer that the next material to be used in the work will comply with the requirements specified for "Operating Range." If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance," the aggregate base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the aggregate base may remain in place and the Contractor shall pay to the City $2.25 per cubic yard for such aggregate base left in place. The City may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the "Contract Compliance" requirements, only one adjustment shall apply. No single aggregate grading or Sand Equivalent test shall represent more than 500 cubic yards or one day's production, whichever is smaller. Revised 11/01/06 Contract No.39611 Page 89 of 100 SECTION 201 - CONCRETE, MORTAR, AND RELATED MATERIALS 201-1 PORTLAND CEMENT CONCRETE Delete this section & replace with the following CSI Section found in Part 4: Section 03300 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS. Add the following: 201-3.4 Type "A" Sealant (Two-Part Polyurethane Sealant). Add the following: All finished concrete surfaces shall have a 7z continuous expansion joint at locations indicated on the plans and notes and shall be located either parallel to perpendicular to the curb line. When not otherwise indicated, all expansion joints located adjacent to colored concrete shall be sealant Type "A" and colored to match the color of the concrete surface. Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates. Contractor shall submit product data from the manufacturer of each joint sealant product required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer's standard bead samples, consisting of strips of actual products showing full range of colors available, for each product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant. Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful in-service performance. Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience. Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, provide manufacturer's standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant; complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non-sag, Type II. Acceptable Products: "Sonneborn NPII"; Sonnebom Building Products Division; "Scofield Lithoseal Trafficalk 3-G", L.M. Scofield Company; or equivalent, as approved by the Engineer. Provide sealant backings of material and type that are nonstaining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing. Plastic foam joint fillers shall be preformed, compressible, resilient, nonstaining, nonwaxing, nonextruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only. Polystyrene foam is not acceptable. 0Revised 11/01/06 Contract No.39611 Page 90 of 100 SECTION 204 - LUMBER AND TREATMENT WITH PRESERVATIVES 204-1 LUMBER AND PLYWOOD Delete this section and replace with the following CSI Sections found in Part 4: Section 06100 and Section 06201. SECTION 206 - MISCELLANEOUS METAL ITEMS Delete this section and replace with the following CSI Section found in Part 4: Section 07620 SECTION 207 - PIPE Add the following section: 207-25 UNDERGROUND UTILITY MARKING TAPE. Add the following section: 207-25.1 Detectable Underground Utility Marking Tape: Detectable Underground Utility Marking Tape shall have a minimum 0.13 mm (0.005") overall thickness, with no less than a 35 gauge (AWG), 0.14 mm aluminum foil core. The foil must be visible from both sides. The layers shall be laminated together with the extrusion lamination process, not adhesives. No inks or printing shall extend to the edges of the tape. All printing shall be encased to avoid ink rub-off. Detectable Underground Utility Marking Tape shall conform to the properties listed in Tables 207-25(A) and 207- 25 (B). TABLE 207-25.1 (A) DETECTABLE UNDERGROUND UTILITY MARKING TAPE PROPERTIES Property Thickness Tensile strength Elongation Printability Flexibility Inks Message repeat Foil Top layer Bottom layer Adhesives Bond strength Colors Method ASTM D2103 ASTM D882 ASTM D882-88 ASTM D2578 ASTM D671-81 Manufacturing specifications Manufacturing specifications Manufacturing specifications Manufacturing specifications Manufacturing specifications Manufacturing specifications Boiling H2O at 100 degrees Celsius APWA Code Value 01 14 mm (0.0056") 4500g/cmI25 Ibs/inch) (5,500 PSI) <50 percent at break >50 dynes/square centimeter Pliable hand Heat-set Mylex Every 500 mm(20") Dead soft/annealed Virgin PET Virgin LDPE >30jaercent, solid 1 .5#/R Five hours without peel See Table 207-25.1 (B) TABLE 207-25.1(6) DETECTABLE UNDERGROUND UTILITY MARKING TAPE COLORS Color Red Yellow Orange Blue Green Brown Purple Utility Marked Electric power, distribution, transmission, and municipal electric Gas and oil distribution and transmission, dangerous materials, systems. product and steam. Telephone and telegraph systems, police and fire communications, and cable television. Water systems. Sanitary and storm sewer systems, nonpotable. Force mains. Reclaimed water lines. Revised 11/01/06 Contract No.39611 Page 91 of 100 Add the following section: 207-25.2 Materials Approvals. Detectable Underground Utility Marking Tape shall meet the requirements of each of the following agency/association publications. A. Department of Transportation, Materials Transportation Bureau, Office of Pipeline Safety. USAS code for pressure piping B31.8, paragraph 192.321 (e). B. National Transportation Safety Board, Washington, DC, Special Study Prevention of Damage to Pipelines. Adopted June 7,1974. Report NTSB-PSS-73-1. C. American Petroleum Institute (API). Recommended practice for marking buried liquid petroleum pipelines - APR RP 1109. D. General Services Administration, Washington, DC, Public Buildings Service Guide Specification for Mechanical and Electrical Equipment - PBS 4-1501, Amendment 2, Page 501-14, Paragraph 18, Subparagraph 18.1, Clause 18.1.1. E. Rural Electrification Authority (REA), U.S. Department of Agriculture, Washington, DC, National Electrical Safety Code for Underground Construction for remote and immediate hazards. SECTION 213 - ENGINEERING FABRICS 213-2 GEOTEXTILES. 213-2.1 General. Add the following: Geotextile types shall be used for the applications listed in Table 213-2.1 (A) Table 213-2.1 (A) GEOTEXTILE APPLICATIONS Application of Geotextile Separation of Soil and Street Structural Section Separation of Soil and Subsurface Aggregate Drain Reinforcement of Street Structural Section Remediation and Separation of Soil Reinforcement of Soil Drainage at the Interface of Soil Structures Drainage at the Interface of Soil and Structures Rock Slope Protection Fabric for Rock Sizes Below 225 kg (!4 Ton) Rock Slope Protection Fabric for Rock Sizes Including and Above 225 kg (V* Ton) Plant Protection Covering Erosion Control Fence with 14 AWG - 150 mm x 150 mm (6"x6") Wire and 3 m (10') Post Spacing Erosion Control Fence with 1 .8 m (6') Post Spacing and No Wire Fencing Type Designation 90WS 180N 200WS 270WS 270WS N/A N/A 180N 250N 90N 90WS 200WS 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. SUPPLEMENTAL PROVISIONS Revised 11/01/06 Contract No.39611 Page 92 of 100 TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 3, CONSTRUCTION METHODS SECTION 300 - EARTHWORK 300-1 CLEARING AND GRUBBING. 300-1.1 General, add the following to the third paragraph: During surface clearing operations, the Contractor shall not cover or bury any plant growth or other objectionable materials. If the Contractor cannot successfully separate the plant growth from the surface soil and advertently or inadvertently mixes organic or other objectionable materials with the soil, the soil so contaminated shall be removed from the site by the Contractor. All costs, if any, associated with removing the soil mixed with organic or other objectionable materials and importing soil to replace said contaminated soil shall be borne by the Contractor and no additional payment therefore shall be made to the Contractor. 300-1.3 Removal and Disposal of Materials, add the following: Also included in clearing and grubbing shall be removal and disposal of existing aggregate base, concrete, fencing, existing gate, and other existing features which interfere with the work. Whether or not such items are shown on the plans they shall be removed as a part of clearing and grubbing. 300-1.4 Payment, modify as follows: Payment for clearing and grubbing shall be included in the contract lump sum price bid. 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 property compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid. 300-2 UNCLASSIFIED EXCAVATION. 300-2.1 General, add the following: Unclassified excavation shall include removal and stockpile of suitable material, recompaction, mixing, grading for mitigation work, trenching and backfilling of storm drains, sewers, other utilities, disposal of unsuitable materials not included in the bid item for clearing and grubbing, all cut and fill including removal and recompaction of unsuitable soil, salvaging clean excavated material and filling areas to the required grades and cross section. Unclassified excavation shall be utilized onsite to make all fills shown on the plans. Unclassified excavation shall also include scarification and moisture adjustment and compaction of the top 300 mm (1') of the subgrade in the roadway prism in cut areas to 95 percent relative compaction, wetland mitigation grading and attendant work, export of remaining excess material to a disposal site or spoil area acquired by the Contractor and pumping and disposal of storm and ground water. 300-2.2.1 General, add the following: Alluvial and colluvial removal and recompaction shall consist of excavating, blending and recompacting loose soils in areas that are designated to receive fills. The existing loose soils shall be removed by the Contractor until a firm unyielding surface is exposed. If the excavated material contains 4%, or more, water than the optimum moisture content the Contractor shall blend the wet soil with soils having a lower moisture content and/or spread the excavated material in a manner that enables the material to dry to optimum moisture content. 300-2.2.1 General, add the following to the first paragraph: Such direction may include, but is not limited to, directing the Contractor to blend, adjust moisture content of, rework, and place unsuitable Revised 11/01/06 Contract No.39611 Page 93 of 100 soils at specific locations or elevations on the site. Add the following section: ^\ 300-2.2.3 Compressible Soil. Compressible soils such as existing uncontrolled or unacceptable fill, "***'' alluvium, and colluvium may exist within portions of the Project site. Where required by the Engineer, the Contractor shall remove such compressible soils from areas to receive fill or from areas upon which surface improvements are to be placed. The removal and disposal of such compressible soils shall be paid for at the Contract Unit Price for unclassified excavation unless it is considered otherwise unsuitable by the Engineer in which case it may be paid for in accordance with section 300-2.2.1. 300-2.5 Slopes, add the following: after the first sentence of the first paragraph: A slope shall be defined as any area steeper than three horizontal to one vertical. 300-2.6 Surplus Material, add the following: The Contractor shall haul and dispose of all surplus material from the project. The Contractor shall utilize highway legal haul trucks for this export of material from the project site and to a site secured by the Contractor. No earth moving equipment or special construction equipment, as defined in section 565 of the California Vehicle Code, will be allowed for hauling material on public streets. 300-2.9 Payment, add the following: Payment for work performed under sections 300-2.2.1, 300-2.2.2, 300-2.2.3 and 300-2.2.4, when the Engineer determines that the soils are unsuitable, shall be made for the actual labor, materials and equipment used to accomplish the work as per section 3- 3 EXTRA WORK of the specifications. 300-2.9 Payment substitute the following: Only the quantity of unclassified excavation measured shall be paid for. No excavated material which is re-excavated will be paid for. For progress /*^ payments, the quantity of unclassified excavation shall be estimated by the Engineer. The >••/ Engineer's calculations shall be considered the definitive determinant for quantities for final payment. All topographic surveying and calculations necessary to quantify payment quantities for Unclassified Excavation shall be performed by the Engineer. 300-2.9 Payment, substitute the following: Payment for all unclassified excavation will be made at the Contract Lump Sum price bid for unclassified excavation and shall include compensation for excavation, sloping, rounding tops and ends of excavation, matching existing graded slopes, loading, exporting and disposing of surplus material and unsuitable material shown on the plans or specified herein to be removed, stockpiling, hauling to designated sites, placing and compacting, mixing, grading of mitigation site, salvaging clean and suitable material and filling areas to the required grades and cross sections. Unclassified fill, slope rounding, all work incidental to Section 300-4.8 and construction of transitions will be paid for as a part of unclassified excavation, and no additional payment will be made therefore. When required by the plans or specifications or where directed by the Engineer, the excavation and stockpiling of selected material will be paid for at the Contract Lump Sum price for unclassified excavation. Removing such selected material from the stockpile and placing it in its final position will also be paid for at the Contract Lump Sump Price for unclassified excavation and no additional compensation will be allowed therefore. Add the following section: 300-2.10 Grading Tolerance. The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the roadway and sidewalk areas within 30 mm (0.1') of the grades /-i. shown on the plans. Subgrade tolerances shall conform to the requirements of section 301-1.4 '"^^ SSPWC. •*-• Revised 11/01/06 Contract No.39611 Page 94 of 100 300-3 STRUCTURE EXCAVATION AND BACKFILL - 300-3.1 General, add the following: The Contractor shall excavate to the lines and levels required and/or shown on the Drawings. The Contractor shall provide all shoring, bracing, cribbing, pumping, and planking required. The Contractor shall excavate and maintain the bottom of all trenches in a condition that is level, firm, clean and free from all debris or foreign matter. Excavations shall be kept free from water at all times. The Contractor shall remove any unsuitable material encountered below grade as directed by the Engineer 300-3.6 Payment, add the following: Dewatering shall be paid for as an incidental to structure excavation and backfill, and no additional compensation will be made therefore. 300-4.6 Application of Water, add the following: The Contractor shall place all fill soil at a moisture content no less than one (1) percent below optimum moisture as determined by ASTM test D-1557- 91. 300-4.7 Compaction, add the following: The Contractor shall compact all fill soils placed within the top 1 m (3') of roadway subgrade to a minimum of 95 percent relative compaction. On all areas to receive planting, the top 150 mm (6") shall be compacted to 85%, +2% -5%, to allow for plant growth. 300-4.8 Slopes, add the following: Feathering of fill over the tops of slopes will not be permitted. The Contractor shall compact the faces of fill slopes with a sheep's foot roller at vertical intervals no greater than 600 mm (2') or shall be built and cut back to finish grade. In addition, if not over built and cut back, the face of the slope shall be track walked upon completion. 300-4.9 Measurement and Payment, delete and substitute the following: Unclassified fill, grading, shaping, compacting or consolidating, slope rounding, construction of transitions and all work included in and incidental to Section 300-4, "Unclassified Fill" will be paid for as a part of unclassified excavation, and no additional payment will be made therefore. 300-9 GEOTEXTILES FOR EROSION CONTROL. Modify as follows: 300-9 GEOTEXTILES FOR EROSION CONTROL AND WATER POLLUTION CONTROL. Add the following section: 300-9.2 General. The Contractor shall provide erosion control and water pollution control conforming to the requirements shown on the plans, as specified herein, and as elsewhere required by the Contract Documents. Erosion control and water pollution control shall include the work specified herein, and such additional measures, as may be directed by the Engineer, to meet Best Management Practices, as defined herein, and to properly control erosion and storm water damage of the limits of work and construction impacts upon areas receiving drainage flows from within the limits of work. Add the following section: 300-9.2.1 Grading Controls. The Contractor shall protect all areas that have been graded and/or cleared and grubbed as well as areas that have not been graded and/or cleared and grubbed within the limits of work from erosion. The Contractor shall provide temporary earth berms, gravel bags, silt fences, stabilized construction entrances and similar measures, coordinated with its construction procedures, as necessary and as shown on the plans to control on site and off site erosion during the construction period. The Contractor will be required to protect areas which have been cleared and grubbed prior to excavation or embankment operations, and which are subject to runoff during the ** ' duration of the contract. The criteria used to determine the appropriate erosion control measures shall be the "Best Management Practices", hereinafter BMP, defined and described in the, I Revised 11/01/06 Contract No.39611 Page 95 of 100 "Stormwater Best Management Practices Handbook, Construction", January 2006 as published by the California Stormwater Quality Association. The Contractor shall maintain a copy of the "Stormwater Best Management Practices Handbook, Construction", January 2003on the project site and shall conduct its operations in conformity to said Handbook. Temporary erosion control measures provided by the Contractor shall include, but not be limited to, the following: a) Embankment areas, while being brought up to grade and during periods of completion prior to final roadbed construction, shall be graded so as to direct runoff into impoundment areas within the limits of work where such runoff shall have pollutants removed by BMP methods . b) The Contractor shall provide protection by BMP measures to eliminate erosion and the siltation of downstream facilities and adjacent areas. These measures shall include, but shall not be limited to: temporary down drains, either in the form of pipes or paved ditches with protected outfall berms; graded berms around areas to eliminate erosion of embankment slopes by surface runoff; confined ponding areas to desilt runoff; and to desilt runoff. c) Excavation areas, while being brought to grade, shall be protected from erosion and the resulting siltation of downstream facilities and adjacent areas by the use of BMP measures. These measures shall include, but shall not be limited to, methods shown on the plans and described herein. Add the following section: 300-9.2.2 Payment. Full compensation for performing erosion control and water pollution control, conforming to the operational requirements herein, of the BMP and conforming to the requirements of the Federal Water Pollution Control Act, including the latest amendments thereto, which is not a part of the planned permanent work or included as a separate bid item shall be considered as included in the contract price bid for unclassified excavation, and no additional compensation will be allowed therefore. 300-13 STORM WATER POLLUTION PREVENTION PLAN Add the following section: 300-13.1 Storm Water Pollution Prevention Plan. As part of the storm water pollution prevention work, the Contractor shall prepare and submit Storm Water Pollution Prevention Plan, hereafter referred to as the "SWPPP,". The SWPPP shall conform to the requirements of the "Greenbook" Standard Specifications for Public Works Construction, the requirements in the California Storm Water Quality Association, Stormwater Best Management Practice Handbook, Construction ("Handbook"), the requirements of the Permit, the requirements in the plans and these supplemental provisions. 300-13.1.1 SWPPP Document Within 15 calendar days after the execution of the contract, the Contractor shall submit 3 copies of BMP measures to the Engineer, in accordance with Section 2-5.3.3 of these Special Provisions. Contractor will be provided the digital format for SWPPP to complete required sections. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the SWPPP within 15 days of receipt of the Engineer's comments and shall allow 5 days for the Engineer to review the revisions. Upon the Engineer's acceptance of the SWPPP, 3 additional copies of the SWPPP, incorporating the required changes, shall be submitted to the Engineer. In order to allow construction activities to proceed, the Engineer may conditionally approve the SWPPP while minor revisions are being completed. Revised 11/01/06 Contract No.39611 Page 96 of 100 The objectives of the SWPPP shall be to identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and to identify, construct, implement and maintain storm water pollution prevention measures, hereafter referred to as control measures, to reduce to the extent feasible pollutants in storm water discharges from the construction site both during and after construction is completed under this contract. The SWPPP shall incorporate control measures in the following categories: 1. Soil stabilization practices; 2. Sediment control practices; 3. Wind erosion control practices; and 4. Non-storm water management and waste management and disposal control practices. Specific objectives and minimum requirements for each category of control measures are contained in the Handbook. The Contractor shall designate a Water Pollution Control Manager who will have the responsibilities outlined in the SWPPP. The SWPPP shall include, but not be limited to, the following items as described in the SWPPP: 1. Source Identification; 2. Erosion and Sediment Controls; 3. Non-Storm Water Management; 4. Waste Management and Disposal; 5. Maintenance, Inspection and Repair; 6. Training; 7. List of Contractors and Subcontractors; 8. Post-Construction Storm Water Management; 9. Preparer; 10. Copy of the local permit; 11. BMP Consideration Checklist; 12. SWPPP Checklist; 13. Schedule of Values; and 14. Storm Water Pollution Prevention Drawings. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations which may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if it is in violation of any condition of the Permit, or has not effectively achieved the objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially accepted SWPPP, which are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and acceptance by the Engineer in the same manner specified for the initially accepted SWPPP. Accepted amendments shall be dated and logged in the SWPPP. Upon acceptance of the amendment, the Contractor shall implement the additional control measures or revised operations. The Contractor shall keep a copy of the accepted SWPPP and accepted amendments at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency or local storm water management agency. Requests by the public shall be directed to the Engineer. Revised 11/01/06 Contract No.39611 Page 97 of 100 By June 15 of each year, the Contractor shall submit an annual certification to the Engineer stating compliance with the requirements governing the Permit. If the project is in non-compliance at any time, the Contractor shall make a written report to the Engineer within 15 days of identification of non-compliance. Add the following section: 300-13-1.2 Availability of SWPPP template. A site-specific draft document intended for use as a template for the required SWPPP document will be made available for use at the Contractor's option, at no cost to the Contractor. The Contractor shall review the template and modify it as necessary to reflect the Contractor's operations. Add the following section: 300-13.1.3 Payment. Preparation, implementation and management of SWPPP shall be considered incidental to the items of work and no additional payment will be made therefore. Add the following section: 300-13.1.4 SWPPP Implementation. Upon acceptance of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the SWPPP and any amendments thereto and for removing and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these supplemental provisions, the Contractor's responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in accordance with Section 6-3, "Suspension of Work". Requirements for installation, construction, inspection, maintenance, removal and disposal of control measures are specified in the "Handbook" and these supplemental provisions. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the winter season, defined as between October 1 and April 30. Implementation of soil stabilization practices and sediment control measures for soil-disturbed areas of the project site shall be completed, except as provided for below, no later than 20 days prior to the beginning of the winter season or upon start of applicable construction activities for projects which begin either during or within 20 days of the winter season. The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for sediment tracking, wind erosion, non-storm water management and waste management and disposal. The Engineer may order the suspension of construction operations, at the Contractor's cost, which create water pollution if the Contractor fails to conform to the requirements of this section as determined by the Engineer. Add the following section: 300-13.1.5 Maintenance. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued. The construction site inspection checklist provided in the "Handbook" shall be used to ensure that the necessary measures are being properly implemented, and to ensure that the control measures are functioning adequately. The Contractor shall submit one copy of each site inspection record to the Engineer, within two days of the inspection. Revised 11/01/06 Contract No.39611 Page 98 of 100 During the winter season, inspections of the construction site shall be conducted by the Contractor to identify deficient measures, as follows: 1. When the five-day rain probability forecast exceeds forty percent (40%). 2. After any precipitation which causes runoff capable of carrying sediment from the construction site; 3. At 24 hour intervals during extended precipitation events; and 4. Routinely, at a minimum of once every week. If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected by the Contractor immediately, or by a later date and time if requested by the Contractor and accepted by the Engineer in writing, but not later than the onset of subsequent precipitation events. The correction of deficiencies shall be at no additional cost to the City. SECTION 301 - TREATED SOIL, SUBGRADE PREPARATION AND PLACEMENT OF BASE MATERIALS 301-1 SUBGRADE PREPARATION. 301-1.2 Preparation of Subgrade. Modify the second and third paragraphs as follows: Change each instance reading "150mm (6 inches)" to "300 mm (12")". 301-1.3 Relative Compaction. Delete the first paragraph and substitute the following: The Contractor shall compact the upper 300 mm (12") of subgrade beneath areas to be paved, have base or subbase material placed on them, or curb, gutter, curb and gutter, alley pavement, driveway or sidewalk constructed over them to no less than 95 percent maximum dry density as determined by ASTM test D-1557-91. 301-1.7 Payment. Modify the first paragraph as follows: Payment for subgrade preparation shall be included in the contract bid price for which the subgrade is prepared and shall include all labor, materials; including water, operations and equipment to scarify, adjust moisture, compact or recompact the subgrade, both in cut areas and in fill areas, and no further compensation will be allowed. ther devices approved by the Engineer. Subsequent plates shall be butted to each other. Fine graded asphalt concrete shall be compacted to form ramps, maximum slope 8.5% with a minimum 300 mm (12") taper to cover all edges of the steel plates. When steel plates are removed, the dowel holes in the pavement section shall be completely filled with elastomeric sealant material. At the Contractor's option, the methods required for Method 1 may be used. If the Contractor so elects, all requirements of Method 1 shall be used. The Contractor shall maintain the steel plates, shoring, and asphalt concrete ramps and maintain and restore the street surface during and after their use. SECTION 303 - CONCRETE & MASONRY CONSTRUCTION This Section has been replaced with CSI Formatted Sections 03300, 04860 and 04902, Part 4 of the Contract Specifications. SECTION 306 UNDERGROUND CONDUIT CONSTRUCTION 306-5 ABANDONMENT OF CONDUITS AND STRUCTURES. Add the following: Unless otherwise Revised 11/01/06 Contract No.39611 Page 99 of 100 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 property compacted soils. Payment for removal and disposal of abandoned utilities shall be included in the lump-sum bid and no additional payment will be made. SECTION 310 - PAINTING 310-5 PAINTING VARIOUS SURFACES. This Section has been replaced with CSI Formatted Section 09900 of the Contract Specifications. Revised 11/01/06 Contract No.3961 1 Page 100 of 100 PART 4 CSI FORMATED SPECIFICATIONS SECTION 01322 PHOTOGRAPHIC DOCUMENTATION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for the following: 1. Preconstruction photographs. 2. Periodic construction photographs. 3. Final Completion construction photographs. B. Related Sections include the following: 1. Division 1 Section "Selective Demolition" for photographic documentation before selective demolition operations commence. 1.3 SUBMITTALS A. Key Plan: Submit key plan of Project site and building with notation of vantage points marked for location and direction of each photograph. Indicate elevation or story of construction. Include same label information as corresponding set of photographs. B. Construction Photographs: Submit two prints of each photographic taken at each monthly progress meeting. 1. Format: 4x6 inch minimum smooth-surface matte prints on single-weight commercial-grade photographic paper, enclosed back to back in clear plastic sleeves that are punched for standard 3-ring binder. 2. Identification: On back or front of each print, provide an applied label or rubber-stamped impression with the following information: a. Name of Project. b. Name and address of photographer. c. Date photograph was taken if not date stamped by camera. d. Description of vantage point, indicating location, direction (by compass point), and elevation or story of construction. Leo Carrillo Ranch Barn Stabilization Section 01322 Section 01322 - Page 2 Photographic Documentation e. Unique sequential identifier. 3. Digital Images: Submit a complete set of digital image electronic files with each submittal of prints on CD-ROM. Identify electronic media with date photographs were taken. Submit images that have same aspect ratio as the sensor, uncropped. 1.4 QUALITY ASSURANCE A. Photographer Qualifications: An individual who is capable of taking clear & readable photos. 1.5 COORDINATION A. Auxiliary Services: Cooperate with photographer and provide auxiliary services requested, including access to Project site and use of temporary facilities, including temporary lighting required to produce clear, well-lit photographs without obscuring shadows. 1.6 USAGE RIGHTS A. Obtain and transfer copyright usage rights from photographer to Owner for unlimited reproduction of photographic documentation. PART 2 - PRODUCTS 2.1 PHOTOGRAPHIC MEDIA A. Digital Images: Provide images in uncompressed TIFF format, produced by a digital camera with minimum sensor size of 4.0 megapixels, and at an image resolution of not less than 1600 by 1200 pixels. PART 3 - EXECUTION 3.1 CONSTRUCTION PHOTOGRAPHS A. General: Take photographs using the maximum range of depth of field, and that are in focus, to clearly show the Work. Photographs with blurry or out-of- focus areas will not be accepted. 1. Maintain key plan with each set of construction photographs that identifies each photographic location. o Carrillo Ranch Barn Stabilization Section 01322 Section 01322 - Page 3 Photographic Documentation B. Digital Images: Submit digital images exactly as originally recorded in the digital camera, without alteration, manipulation, editing, or modifications using image-editing software. 1. Date and Time: Include date and time in filename for each image. 2. Field Office Images: Maintain one set of images on CD-ROM in the field office at Project site, available at all times for reference. Identify images same as for those submitted to Architect. C. Preconstruction Photographs: Before starting any construction, take photographs of Project site and surrounding properties, including existing items to remain during construction, from different vantage points, as directed by Contracting Officer or Architect. 1. Flag construction limits before taking construction photographs. 2. Take a minimum of eight photographs to show existing conditions adjacent to property before starting the Work. 3. Take a minimum of eight photographs of existing buildings either on or adjoining property to accurately record physical conditions at start of construction. 4. Take additional photographs as required to record settlement or cracking of adjacent structures, pavements, and improvements. D. Periodic Construction Photographs: Take a minimum of ten photographs weekly with the cutoff date associated with each Application for Payment. Select vantage points to show status of construction and progress since last photographs were taken. E. Directed Construction Photographs: From time to time, Contracting Officer or Architect will instruct photographer about number and frequency of photographs and general directions on vantage points. Select actual vantage points and take photographs to show the status of construction and progress since last photographs were taken. F. Final Completion Construction Photographs: Take a minimum of eight color photographs after date of Substantial Completion for submission as Project Record Documents. Architect will direct photographer for desired vantage points. 1. Do not include date stamp. END OF SECTION 01322 Section 01322 SECTION 01330 SUBMITTAL PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for submitting Shop Drawings, Product Data, Samples, and other miscellaneous submittals. 1.2 DEFINITIONS A. Action Submittals: Written and graphic information that requires the Designer's responsive action. B. Informational Submittals: Written information that does not require the Designer's approval. Submittals may be rejected for not complying with requirements. 1.3 SUBMITTAL PROCEDURES A. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2. Coordinate transmittal of different types of submittals for related parts of the Work so processing will not be delayed because of need to review submittals concurrently for coordination. a. The Owner reserves the right to withhold action on a submittal requiring coordination with other submittals until related submittals are received. B. Submittals Schedule: Six copies of each submittal must be transmitted to the Owner within 15 days of Notice to Proceed. C. Processing Time: Allow enough time for submittal review, including time for resubmittals, as follows. Time for review shall commence on the Owner's receipt of submittal. 1. Initial Review: Allow 15 working days for initial review of each submittal. Allow additional time if processing must be delayed to permit coordination with subsequent submittals. The Owner will advise Contractor when a submittal being processed must be delayed for coordination. 2. If intermediate submittal is necessary, process it in same manner as initial submittal. 3. Allow 15 working days for processing each resubmittal. Leo Carrillo Ranch Barn Stabilization Section 01330 Section 01330 - Page 2 Submittal Procedures 4. No extension of the Contract Time will be authorized because of failure to transmit submittals enough in advance of the Work to permit processing. D. Identification: Place a permanent label or title block on each submittal for identification. 1. Indicate name of firm or entity that prepared each submittal on label or title block. 2. Provide a space on label or beside title block to record Contractor's review and approval markings and action taken by the Owner. 3. Include the following information on label for processing and recording action taken: a. Project name. b. Date. c. Name and address of Contractor. d. Name and address of subcontractor. e. Name and address of supplier. f. Name of manufacturer. g. Unique sequential identifier, including revision number, h. Number and title of appropriate Specification Section. i. Drawing number and detail references, as appropriate, j. Other necessary identification. E. Deviations: Highlight, encircle, or otherwise identify in a manner acceptable to the Owner any deviations from the Contract Documents on submittals. F. Additional Copies: Unless additional copies are required for final submittal, and unless the Designer observes noncompliance with provisions of the Contract Documents, initial submittal may serve as final submittal. 1. Additional copies submitted for maintenance manuals will not be marked with action taken and will be returned. G. Transmittal: Package each submittal individually and appropriately for transmittal and handling. Transmit each submittal using a transmittal form. Number each submittal sequentially and date each submittal. The Owner's representative will return submittals, without review, from sources other than Contractor. 1. Include Contractor's certification stating that information submitted complies with requirements of the Contract Documents. 2. Transmittal Form: Use form approved by the Owner's representative. H. Use for Construction: Use only final submittals with mark indicating action taken by the Owner in connection with construction. o Leo Carrillo Ranch Barn Stabilization Section 01330 Section 01330 - Page 3 Submittal Procedures PART 2 - PRODUCTS 2.1 ACTION SUBMITTALS A. General: Prepare and submit Action Submittals required by individual Specification Sections. 1. Number of Copies: Submit six copies of each submittal, unless otherwise indicated. The Owner's representative will return two copies. Mark up and retain one returned copy as a Project Record Document. B. Product Data: Collect information into a single submittal for each element of construction and type of product or equipment. 1. If information must be specially prepared for submittal because standard printed data are not suitable for use, submit as Shop Drawings, not as Product Data. 2. Mark each copy of each submittal to show which products and options are applicable. 3. Include the following information, as applicable: a. Manufacturer's written recommendations. b. Manufacturer's product specifications. c. Manufacturer's installation instructions. d. Manufacturer's catalog cuts. e. Compliance with recognized trade association standards. f. Compliance with recognized testing agency standards. C. Shop Drawings: Submit Project-specific information, drawn accurately to scale. Do not base Shop Drawings on reproductions of the Contract Documents or standard printed data. 1. Preparation: Include the following information, as applicable: a. Dimensions. b. Identification of products. c. Fabrication and installation drawings. d. Roughing-in and setting diagrams. e. Shopwork manufacturing instructions. f. Templates and patterns. g. Schedules. h. Notation of coordination requirements. i. Notation of dimensions established by field measurement. 2. Sheet Size: Except for templates, patterns, and similar full-size drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches but no larger than 30 by 42 inches. Leo Carrillo Ranch Barn Stabilization Section 01330 Section 01330 - Page 4 Submittal Procedures D. Samples: Submit physical units of materials or products, including the following: 1. Samples for Initial Selection: Submit manufacturer's color charts consisting of units or sections of units showing the full range of colors, textures, and patterns available. a. Submit five full sets of available choices where color, pattern, texture, or similar characteristics are required to be selected from manufacturer's product line. The Owner's representative will return submittal with options selected. 2. Samples for Verification: Submit full-size units or Samples of size indicated, prepared from the same material to be used for the Work, cured and finished in manner specified, and physically identical with the product proposed for use, and that show full range of color and texture variations expected. Samples include, but are not limited to, partial sections of manufactured or fabricated components; small cuts or containers of materials; complete units of repetitively used materials; swatches showing color, texture, and pattern; color range sets; and components used for independent testing and inspection. a. Submit three (3) sets of Samples. The Owner will retain two Sample sets; remainder will be returned. 3. Preparation: Mount, display, or package Samples in manner specified to facilitate review of qualities indicated. Submit Samples to match the Owner's sample where so indicated. Attach label on unexposed side. 4. Submit Samples for review of kind, color, pattern, and texture for a final check of these characteristics with other elements and for a comparison of these characteristics between final submittal and actual component as delivered and installed. 5. Disposition: Maintain sets of approved Samples at Project site, available for quality-control comparisons throughout the course of construction activity. Sample sets may be used to determine final acceptance of construction associated with each set. E. Product Schedule or List: Submit a written summary indicating types of products required for the Work and their intended location. F. Schedule of Values: Comply with requirements in General Conditions. 2.2 INFORMATIONAL SUBMITTALS A. General: Prepare and submit Informational Submittals required by other Specification Sections. Leo Carrillo Ranch Barn Stabilization Section 01330 Section 01330 - Page 5 Submittal Procedures 1. Number of Copies: Submit Five (5) copies of each submittal, unless otherwise indicated. The Owner's representative will return one (1) " copies. 2. Certificates and Certifications: Provide a statement that includes signature of entity responsible for preparing certification. Certificates and certifications shall be signed by an officer or other individual authorized to sign documents on behalf of that entity. B. Product Certificates: Submit written statements on manufacturer's letterhead certifying that product complies with requirements. C. Welding Certificates: Submit written certification that welding procedures and personnel comply with requirements. Submit record of Welding Procedure Specification (WPS) and Procedure Qualification Record (PQR) on AWS forms. Include names of firms and personnel certified. D. Installer Certificates: Submit written statements on manufacturer's letterhead certifying that Installer complies with requirements and, where required, is authorized for this specific Project. E. Manufacturer Certificates: Submit written statements on manufacturer's letterhead certifying that manufacturer complies with requirements. Include evidence of manufacturing experience where required. F. Material Certificates: Submit written statements on manufacturer's letterhead .certifying that material complies with requirements. G. Material Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting test results of material for compliance with requirements. H. Compatibility Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of compatibility tests performed before installation of product. Include written recommendations for primers and substrate preparation needed for adhesion. I. Field Test Reports: Submit reports written by a qualified testing agency, on testing agency's standard form, indicating and interpreting results of field tests performed either during installation of product or after product is installed in its final location, for compliance with requirements. J. Product Test Reports: Submit written reports indicating current product produced by manufacturer complies with requirements. Base reports on evaluation of tests performed by manufacturer and witnessed by a qualified testing agency, or on comprehensive tests performed by a qualified testing agency. Leo Carrillo Ranch Barn Stabilization Section 01330 Section 01330 - Page 6 Submittal Procedures K. Research/Evaluation Reports: Submit written evidence, from a model code organization acceptable to authorities having jurisdiction, that product complies with building code in effect for Project. L. Maintenance Data: Submit written and graphic instructions and procedures for operation and normal maintenance of products and equipment. M. Manufacturer's Instructions: Submit written or published information that documents manufacturer's recommendations, guidelines, and procedures for installing or operating a product or equipment. Include name of product and name, address, and telephone number of manufacturer. N. Manufacturer's Field Reports: Submit written information documenting factory- authorized service representative's tests and inspections. PART 3 - EXECUTION 3.1 CONTRACTOR'S REVIEW A. Review each submittal and check for compliance with the Contract Documents. Note corrections and field dimensions. Mark with approval stamp before submitting to the Architect. B. Approval Stamp: Stamp each submittal with a uniform, approval stamp. Include Project name and location, submittal number, Specification Section title and number, name of reviewer, date of Contractor's approval, and statement certifying that submittal has been reviewed, checked, and approved for compliance with the Contract Documents. 3.2 DESIGNER'S ACTION A. General: The Designer will not review submittals that do not bear Contractor's approval stamp and will return them without action. B. Action Submittals: The Designer will review each submittal, make marks to indicate corrections or modifications required, and return it. The Designer will stamp each submittal with an action stamp and will mark stamp appropriately to indicate action taken: C. Informational Submittals: The Designer will review each submittal and will return it, or will reject and return it if it does not comply with requirements. The Owner's representative will forward each submittal to appropriate party. END OF SECTION 01330 Leo Carrillo Ranch Barn Stabilization Section 01330 SECTION 01351 SPECIAL PROCEDURES FOR HISTORIC TREATMENT PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes special procedures for historic treatment on Project including, but not limited to, the following: 1. Storage and protection of existing historic materials. 2. Temporary protection of historic materials during construction. 3. Historic treatment procedures. B. Related Sections include the following: 1. Division 1 Section "Photographic Documentation" for preconstruction photographs taken before historic treatment. 1.3 DEFINITIONS A. "Preservation": To apply measures necessary to sustain the existing form, integrity, and materials of a historic property. Work may include preliminary measures to protect and stabilize the property. B. "Restoration": To accurately depict the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and the reconstruction of missing features from the restoration period. C. "Reconstruction": To reproduce in the exact form and detail a building, structure, or artifact as it appeared at a specific period in time. D. "Stabilize": To apply measures designed to reestablish a weather-resistant enclosure and the structural reinforcement of an item or portion of the building while maintaining the essential form as it exists at present. E. "Protect and Maintain": To remove deteriorating corrosion, reapply protective coatings, and install protective measures such as temporary guards; to provide the least degree of intervention. Leo Carrillor Ranch Barn Stabilization Section 01351 Section 01351 - Page 2 Special Procedures for Historic Treatment F. "Repair": To stabilize, consolidate, or conserve; to retain existing materials and features while employing as little new material as possible. Repair includes patching, piecing-in, splicing, consolidating, or otherwise reinforcing or upgrading materials. Within restoration, repair also includes limited replacement in kind, rehabilitation, and reconstruction, with compatible substitute materials for deteriorated or missing parts of features when there are surviving prototypes. G. "Replace": To duplicate and replace entire features with new material in kind. H. "Remove": To detach items from existing construction and legally dispose of them off-site unless indicated to be removed and salvaged or removed and reinstalled. I. "Remove and Salvage": To detach items from existing construction and deliver them to Owner ready for reuse. J. "Remove and Reinstall": To detach items from existing construction, repair and clean them for reuse, and reinstall them where indicated. K. "Material in Kind": Material that matches existing materials, as much as possible, in species, cut, color, grain, and finish. 1.4 REGULATORY REQUIREMENTS A. The following codes, standards, laws, regulations, specifications and manuals are applicable to this section and when referenced mean the latest adopted edition, amendment or revision of such referenced code in effect as of the date of these Contract Documents. 1. 2001 California Historical Building Code (SHBC), Part 8, Title 24 CCR. 2. Secretary of the Interior's Standards for the Treatment of Historic Properties (1995 Edition). 1.5 SUBMITTALS A. Qualification Data: For historic treatment specialists and supervisory personnel. Include list of completed projects with the scope of work and budget for each. B. Photographs: Show existing conditions of adjoining construction and site improvements, including finish surfaces, that might be misconstrued as damage caused by historic treatment operations. Submit before work begins. C. Record Documents: Include modifications to manufacturer's written instructions and procedures, as documented in the historic treatment preconstruction conference and as the Work progresses. Leo Carrillo Ranch Barn Stabilization Section 01351 Section 01351 - Page 3 Special Procedures for Historic Treatment 1.6 QUALITY ASSURANCE A. All work shall comply with "The Secretary of the Interior's Standards for Historic Preservation Projects" (1995 edition). B. Aggressive or destructive cleaning methods and materials (e.g. sandblasting and waterblasting) are not allowed. C. Qualifications: Pre-qualifying criteria for the Contractor's sub-contracting labor in regards to restoration and replication of historic features are: 1. Shall demonstrate five (5) years experience in the type and quality of work shown for the specific specialty for which they are listed as sub-contracting labor. Pre-qualification submissions must include a list of completed projects and dated catalogue pages or drawings indicating length of experience. 2. Demonstrate expertise in the use of techniques, materials and finishes similar to the techniques, materials, and finishes of this building. 1.7 STORAGE AND PROTECTION OF HISTORIC MATERIALS A. Removed and Reinstalled Historic Materials: 1. Clean salvaged historic items. 2. Pack items after cleaning. Identify contents of packing. 3. Store items on-site designated by Owner. 4. Protect items from damage during transport and storage. 5. Do not dispose of items removed from existing construction without prior consent of Owner. 6. Reinstall items in locations indicated. Comply with installation requirements for new materials. Provide connections, supports, and miscellaneous materials necessary to make item functional for use indicated. B. Storage and Protection: When removed from their existing location, store historic materials within a weather tight enclosure where they are protected from wetting by rain, or ground water, and temperature variations. Secure stored materials to protect from theft. 1. Identify removed items with an inconspicuous mark indicating their original location. 1.8 PROJECT-SITE CONDITIONS A. Exterior Cleaning and Repairing: 1. Proceed with the work only when forecasted weather conditions are favorable. Leo Carrillo Ranch Barn Stabilization Section 01351 Section 01351 - Page 4 Special Procedures for Historic Treatment a. Wet Weather: Do not attempt repairs during rainy or foggy weather. Do not apply primer, paint, putty, or epoxy when the relative humidity is above 80 percent. Do not remove elements of structures when rain is forecast or in progress. b. Do not perform exterior wet work when the air temperature is below 40 deg F. c. Do not begin cleaning when either the air or the surface temperature is below 45 deg F unless approved means are provided for maintaining a 45 deg F temperature of the air and materials during, and for 48 hours subsequent to, cleaning. 2. Perform cleaning and rinsing of the exterior only during daylight hours. B. Owner will occupy portions of building immediately adjacent to historic treatment area. Conduct historic treatment so Owner's operations will not be disrupted. Provide not less than 72 hours' notice to Owner of activities that will affect Owner's operations. PART 2 - PRODUCTS 2.1 RESTORATION MATERIALS GENERAL A. Use only those restoration materials recommended by the conservation materials manufacturer and/or restoration materials appropriate to conservation practices on surfaces to be restored. B. Use restoration materials only on surfaces for which they are recommended by the restoration material manufacturer or appropriate conservation practices. C. Inspect and confirm that all materials used in the restoration process are in compliance with federal, state and local codes and government regulations. D. Lumber: Comply with requirements in Division 6 Section "Rough Carpentry." 2.2 MATERIAL MANUFACTURERS A. The following manufacturer's have products for use in feature restoration and are knowledgeable in the restoration of materials found in this project. They are an available source for reference to alternate products, methods and standards. The Contractor and its conservator are responsible for the selection of the final products to be used. All proposed products shall be submitted to the Architect for approval. 1 . SureKlean, ProSoCo Inc. 2. ABATRON Inc. 3. Or approved equal Leo Carrillo Ranch Barn Stabilization Section 01351 Section 01351 - Page 5 Special Procedures for Historic Treatment 2.3 MATERIALS A. Unless otherwise noted, materials used in restoration shall conform to Standard Conservation Practices and Archival Preservation Standards as specified herein. The selection of specific materials shall be dependent upon the condition of the features and the results of tests and sampling conducted by the Contractor at the work site. B. The conservation standard concept of reversibility shall be employed where appropriate to the desired project outcome and shall be waived in those specific instances where adherence to the standard prevents restoration of the historic appearance of the feature. In these instances submit notice of deviation from the standard to the Architect for approval with a description of the alternative practice and reason for its use. C. Consolidant and Fill/Patch Products 1. Wood: a. Wood Epox: Abatron b. Woodcast: Abatron c. Or approved equal. PART 3 - EXECUTION 3.1 PROTECTION, GENERAL A. Comply with manufacturer's written instructions for precautions and effects of products and procedures on adjacent building materials, components, and vegetation. B. Ensure that supervisory personnel are present when work begins and during its progress. C. Temporary Protection of Historic Materials during Construction: 1. Protect existing materials during installation of temporary protections and construction. Do not deface or remove existing materials. 2. Attachments of temporary protection to existing construction shall be approved by Architect prior to installation. D. Protect landscape work adjacent to or within work areas as follows: 1. Provide barriers to protect tree trunks. 2. Bind spreading shrubs. 3. Use coverings that allow plants to breathe and remove coverings at the end of each day. Do not cover plant material with a waterproof membrane for more than 8 hours at a time. 4. Set scaffolding and ladder legs away from plants. Leo Carrillo Ranch Barn Stabilization Section 01351 Section 01351 - Page 6 Special Procedures for Historic Treatment 3.2 HISTORIC TREATMENT PROCEDURES A. The principal aim of preservation work is to halt the process of deterioration and stabilize the item's condition, unless otherwise indicated. Repair is required where specifically indicated. The following procedures shall be followed: 1. Retain as much existing material as possible; repair and consolidate rather than replace. 2. Use reversible processes wherever possible. 3. Use traditional replacement materials and techniques. New work shall be distinguishable to the trained eye, on close inspection, from old work. 4. Record the work before the procedure with preconstruction photos and during the work with periodic construction photos. Photographic documentation is specified in Division 1 Section "Photographic Documentation." B. Prohibit smoking by personnel performing work. C. Obtain Architect's review and written approval in the form of a Constructive Change Directive or Supplemental Instruction before making changes or additions to construction or removing historic materials. D. Notify Architect of visible changes in the integrity of material or components whether due to environmental causes including biological attack, UV degradation, freezing, or thawing; or due to structural defects including cracks, movement, or distortion. 1. Do not proceed with the work in question until directed by Architect. E. Where missing features are indicated to be repaired or replaced, provide features whose designs are based on accurate duplications rather than on conjectural designs, subject to the approval of Architect. F. Where Work requires existing features to be removed, cleaned, and reused, perform these operations without damage to the material itself, to adjacent materials, or to the substrate. G. Identify new or replacement materials and features with inconspicuous, permanent marks to distinguish them from original materials. Record the legend of identification marks and the locations of these marks on Record Drawings. H. When cleaning, match samples of existing materials that have been cleaned and identified for acceptable cleaning levels. Avoid over cleaning to prevent damage to existing materials during cleaning. END OF SECTION 01351 Leo Carrillo Ranch Barn Stabilization Section 01351 SECTION 01732 SELECTIVE DEMOLITION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Demolition and removal of selected portions of structure. 2. Salvage of existing items to be reused. B. Related Sections include the following: 1. Division 1 Section "Summary" for use of premises, and Owner-occupancy requirements. 2. Division 1 Section "Photographic Documentation" for preconstruction photographs taken before selective demolition operations. 1.3 DEFINITIONS A. Remove: Detach items from existing construction and legally dispose of them off-site, unless indicated to be removed and salvaged or removed and reinstalled. B. Remove and Salvage: Detach items from existing construction and deliver them to Owner ready for reuse. C. Remove and Reinstall: Detach items from existing construction, prepare them for reuse, and reinstall them where indicated. 1.4 MATERIALS OWNERSHIP A. Historic items, relics, and similar objects including, but not limited to, cornerstones and their contents, commemorative plaques and tablets, antiques, and other items of interest or value to Owner that may be encountered during selective demolition remain Owner's property. Carefully remove and salvage each item or object in a manner to prevent damage and deliver promptly to Owner. Leo Carrillo Ranch Barn Restoration Section 01732 Section 01732 - Page 2 Selective Demolition 1. Coordinate with Owner, who will establish special procedures for removal and salvage. 1.5 SUBMITTALS A. Qualification Data: For demolition firm. B. Inventory: After selective demolition is complete, submit a list of items that have been removed and salvaged. C. Predemolition Photographs: Show existing conditions of adjoining construction and site improvements, including finish surfaces, that might be misconstrued as damage caused by selective demolition operations. Comply with Division 1 Section "Photographic Documentation." Submit before Work begins. 1.6 QUALITY ASSURANCE A. Demolition Firm Qualifications: An experienced firm that has specialized in demolition work similar in material and extent to that indicated for this Project. B. Regulatory Requirements: Comply with governing EPA notification regulations before beginning selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction. C. Standards: Comply with ANSI A10.6 and NFPA 241. 1.7 PROJECT CONDITIONS A. Conditions existing at time of inspection for bidding purpose will be maintained by Owner as far as practical. B. Notify Architect of discrepancies between existing conditions and Drawings before proceeding with selective demolition. C. Hazardous Materials: It is not expected that hazardous materials will be encountered in the Work. 1. If materials suspected of containing hazardous materials are encountered, do not disturb; immediately notify Owner. Owner will remove hazardous materials under a separate contract. D. Storage or sale of removed items or materials on-site is not permitted. E. Utility Service: Maintain existing utilities indicated to remain in service and protect them against damage during selective demolition operations. Leo Carrillo Ranch Barn Restoration Section 01732 Section 01732 - Page 3 Selective Demolition PART 2 - PRODUCTS (Not Used) PART 3 - EXECUTION 3.1 EXAMINATION A. Verify that utilities have been disconnected and capped. B. Survey existing conditions and correlate with requirements indicated to determine extent of selective demolition required. C. Inventory and record the condition of items to be removed and reinstalled and items to be removed and salvaged. D. When unanticipated mechanical, electrical, or structural elements that conflict with intended function or design are encountered, investigate and measure the nature and extent of conflict. Promptly submit a written report to Architect. E. Survey of Existing Conditions: Record existing conditions by use of measured drawings and preconstruction photographs. 1. Comply with requirements specified in Division 1 Section "Photographic Documentation." 2. Before selective demolition or removal of existing building elements that will be reproduced or duplicated in final Work, make permanent record of measurements, materials, and construction details required to make exact reproduction. F. Perform surveys as the Work progresses to detect hazards resulting from selective demolition activities. 3.2 UTILITY SERVICES A. Existing Services: Maintain services/systems indicated to remain and protect them against damage during selective demolition operations. 3.3 PREPARATION A. Temporary Facilities: Provide temporary barricades and other protection required to prevent injury to people and damage to adjacent buildings and facilities to remain. 1. Provide protection to ensure safe passage of people around selective demolition area and to and from occupied portions of building. Leo Carrillo Ranch Barn Restoration Section 01732 Section 01732 - Page 4 Selective Demolition 3.4 SELECTIVE DEMOLITION, GENERAL A. General: Demolish and remove existing construction only to the extent required by new construction and as indicated. Use methods required to complete the Work within limitations of governing regulations and as follows: 1. Proceed with selective demolition systematically, from higher to lower level. Complete selective demolition operations above before disturbing supporting members on the next lower level. 2. Use cutting methods least likely to damage construction to remain or adjoining construction. Use hand tools or small power tools designed for sawing or grinding, not hammering and chopping, to minimize disturbance of adjacent surfaces. 3. Cut or drill from the exposed or finished side into concealed surfaces to avoid marring existing finished surfaces. 4. Remove decayed, vermin-infested, or otherwise dangerous or unsuitable materials and promptly dispose of off-site. 5. Remove structural framing members and lower to ground by method suitable to avoid free fall and to prevent ground impact or dust generation. 6. Locate selective demolition equipment and remove debris and materials so as not to impose excessive loads on framing. B. Removed and Salvaged Items: 1 . Clean salvaged items. 2. Pack or crate items after cleaning. Identify contents of containers. 3. Store items in a secure area until delivery to Owner. 4. Transport items to Owner's storage area designated by Owner. 5. Protect items from damage during transport and storage. C. Removed and Reinstalled Items: 1 . Clean and repair items to functional condition adequate for intended reuse 2. Pack items after cleaning and repairing. Identify contents of containers. 3. Protect items from damage during storage. 4. Reinstall items in locations indicated. Provide connections, supports, and miscellaneous materials necessary to make item functional for use indicated. 3.5 DISPOSAL OF DEMOLISHED MATERIALS A. General: Except for items or materials indicated to be reused, salvaged, reinstalled, or otherwise indicated to remain Owner's property, remove demolished materials from Project site and legally dispose of them in an EPA- approved landfill. 1 . Do not allow demolished materials to accumulate on-site. Leo Carrillo Ranch Barn Restoration Section 01732 Section 01732 - Page 5 Selective Demolition 2. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas. 3. Remove debris from elevated portions of structure by chute, hoist, or other device that will convey debris to grade level in a controlled descent. B. Burning: Do not burn demolished materials. C. Disposal: Transport demolished materials off Owner's property and legally dispose of them. 3.6 CLEANING A. Clean adjacent structures and improvements of dust, dirt, and debris caused by selective demolition operations. Return adjacent areas to condition existing before selective demolition operations began. END OF SECTION 01732 Leo Carrillo Ranch Barn Restoration Section 01732 SECTION 03300 CAST-IN-PLACE CONCRETE PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies cast-in place concrete, including formwork, reinforcement, concrete materials, mixture design, placement procedures, and finishes, for the following: 1. Footings. 2. Foundation walls. 3. Slabs-on-grade. B. Related Sections include the following: 1. Division 2 Section "Earthwork" for drainage fill under slabs-on-grade. 1.3 DEFINITIONS A. Cementitious Materials: Portland cement alone or in combination with one or more of the following: blended hydraulic cement, fly ash and other pozzolans, ground granulated blast-furnace slag, and silica fume; subject to compliance with requirements. 1.4 SUBMITTALS A. Product Data: For each type of product indicated. B. Steel Reinforcement Shop Drawings: Placing drawings that detail fabrication, bending, and placement. Include bar sizes, lengths, material, grade, bar schedules, stirrup spacing, bent bar diagrams, bar arrangement, splices and laps, mechanical connections, tie spacing, hoop spacing, and supports for concrete reinforcement. 1.5 QUALITY ASSURANCE Leo Carrillo Ranch Barn Restoration Section 03300 Section 03300 - Pace 2 Cast-in-Place Concrete A. Installer Qualifications: A qualified installer who employs on Project personnel qualified as ACI-certified Flatwork Technician and Finisher and a supervisor who is an ACI-certified Concrete Flatwork Technician. B. Manufacturer Qualifications: A firm experienced in manufacturing ready-mixed concrete products and that complies with ASTM C 94/C 94M requirements for production facilities and equipment. 1. Manufacturer certified according to NRMCA's "Certification of Ready Mixed Concrete Production Facilities." C. Testing Agency Qualifications: An independent agency, acceptable to authorities having jurisdiction, qualified according to ASTM C 1077 and ASTM E 329 for testing indicated, as documented according to ASTM E 548. D. Source Limitations: Obtain each type or class of cementitious material of the same brand from the same manufacturer's plant, obtain aggregate from one source, and obtain admixtures through one source from a single manufacturer. E. ACI Publications: Comply with the following unless modified by requirements in the Contract Documents: 1 . ACI 301 , "Specification for Structural Concrete," Sections 1 through 5. 2. AC1 11 7, "Specifications for Tolerances for Concrete Construction and Materials." F. Concrete Testing Service: Engage a qualified independent testing agency to perform material evaluation tests and to design concrete mixtures. 1 .6 DELIVERY, STORAGE, AND HANDLING A. Steel Reinforcement: Deliver, store, and handle steel reinforcement to prevent bending and damage. Avoid damaging coatings on steel reinforcement. B. Waterstops: Store waterstops under cover to protect from moisture, sunlight, dirt, oil, and other contaminants. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. In other Part 2 articles where titles below introduce lists, the following requirements apply to product selection: Leo Carrillo Ranch Barn Stabilization Section 03300 Section 03300 - Page 3 Cast-in-Place Concrete 1. Available Products: Subject to compliance with requirements, products that may be incorporated into the Work include, but are not limited to, products specified. 2. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, manufacturers specified. 2.2 FORM-FACING MATERIALS A. Smooth-Formed Finished Concrete: Form-facing panels that will provide continuous, true, and smooth concrete surfaces. Furnish in largest practicable sizes to minimize number of joints. 1. Plywood, metal, or other approved panel materials. 2. Exterior-grade plywood panels, suitable for concrete forms, complying with DOC PS 1, and as follows: a. High-density overlay, Class 1 or better. b. Medium-density overlay, Class 1 or better; mill-release agent treated and edge sealed. c. Structural 1, B-B or better; mill oiled and edge sealed. d. B-B (Concrete Form), Class 1 or better; mill oiled and edge sealed. B. Rough-Formed Finished Concrete: Plywood, lumber, metal, or another approved material. Provide lumber dressed on at least two edges and one side for tight fit. C. Form-Release Agent: Commercially formulated form-release agent that will not bond with, stain, or adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. 1. Formulate form-release agent with rust inhibitor for steel form-facing materials. D. Form Ties: Factory-fabricated, removable or snap-off metal or glass-fiber- reinforced plastic form ties designed to resist lateral pressure of fresh concrete on forms and to prevent spalling of concrete on removal. 1. Furnish units that will leave no corrodible metal closer than 1 inch to the plane of exposed concrete surface. 2. Furnish ties that, when removed, will leave holes no larger than 1 inch in diameter in concrete surface. 3. Furnish ties with integral water-barrier plates to walls indicated to receive dampproofing or waterproofing. Leo Carrillo Ranch Barn Restoration Section 03300 Section 03300 - Page 4 Cast-in-Place Concrete 2.3 STEEL REINFORCEMENT A. Reinforcing Bars: ASTM A 615/A 615M, Grade 60, deformed. B. Plain-Steel Wire: ASTM A 82, galvanized. C. Deformed-Steel Wire: ASTM A 496. D. Epoxy-Coated Wire: ASTM A 884/A 884M, Class A, Type 1 coated, deformed- steel wire, with less than 2 percent damaged coating in each 12-inch wire length. 2.4 REINFORCEMENT ACCESSORIES A. Epoxy Repair Coating: Liquid, two-part, epoxy repair coating; compatible with epoxy coating on reinforcement and complying with ASTM A 775/A 775M. B. Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing bars and welded wire reinforcement in place. Manufacture bar supports from steel wire, plastic, or precast concrete according to CRSI's "Manual of Standard Practice," of greater compressive strength than concrete and as follows: 1. For concrete surfaces exposed to view where legs of wire bar supports contact forms, use CRSI Class 1 plastic-protected steel wire or CRSI Class 2 stainless-steel bar supports. 2.5 CONCRETE MATERIALS A. Cementitious Material: Use the following cementitious materials, of the same type, brand, and source, throughout Project: 1. Portland Cement: ASTM C 150, Type II or V, gray. B. Normal-Weight Aggregates: ASTM C 33, Class 3S coarse aggregate or better, graded. Provide aggregates from a single source with documented service record data of at least 10 years' satisfactory service in similar applications and service conditions using similar aggregates and cementitious materials. 1. Maximum Coarse-Aggregate Size: 3/4 inch nominal. 2. Fine Aggregate: Free of materials with deleterious reactivity to alkali in cement. C. Water: ASTM C 94/C 94M and potable. 2.6 ADMIXTURES Leo Carrillo Ranch Barn Stabilization Section 03300 Section 03300 - Page 5 Cast-in-Place Concrete A. Color Pigment: ASTM C 979, synthetic mineral-oxide pigments or colored water-reducing admixtures; color stable, free of carbon black, nonfading, and resistant to lime and other alkalis. 1. Available Manufacturers: a. Scofield, L. M. Company. 2. Color: As selected by Architect from manufacturer's full range. 2.7 VAPOR RETARDERS A. Granular Fill: Clean mixture of crushed stone or crushed or uncrushed gravel; ASTM D 448, Size 57, with 100 percent passing a 1-1/2-inch sieve and 0 to 5 percent passing a No. 8 sieve. 2.8 CURING MATERIALS A. Absorptive Cover: AASHTO M 182, Class 2, burlap cloth made from jute or kenaf, weighing approximately 9 oz./sq. yd. when dry. B. Water: Potable. 2.9 RELATED MATERIALS A. Semirigid Joint Filler: Two-component, semirigid, 100 percent solids, epoxy resin with a Type A shore durometer hardness of 80 per ASTM D 2240. B. Bonding Agent: ASTM C 1059, Type II, non-redispersible, acrylic emulsion or styrene butadiene. C. Epoxy Bonding Adhesive: ASTM C 881, two-component epoxy resin, capable of humid curing and bonding to damp surfaces, of class suitable for application temperature and of grade to suit requirements, and as follows: 1. Types I and II, non-load bearing, IV and V load bearing, for bonding hardened or freshly mixed concrete to hardened concrete. 2.10 CONCRETE MIXTURES, GENERAL A. Prepare design mixtures for each type and strength of concrete, proportioned on the basis of laboratory trial mixture or field test data, or both, according to ACI301. Leo Carrillo Ranch Barn Restoration Section 03300 Section 03300 - Page 6 Cast-in-Place Concrete 1. Use a qualified independent testing agency for preparing and reporting proposed mixture designs based on laboratory trial mixtures. B. Limit water-soluble, chloride-ion content in hardened concrete to 0.15 percent by weight of cement. C. Admixtures: Use admixtures according to manufacturer's written instructions. D. Color Pigment: Add color pigment to concrete mixture according to manufacturer's written instructions and to result in hardened concrete color consistent with approved mockup. 2.11 CONCRETE MIXTURES FOR BUILDING ELEMENTS A. Footings: Proportion normal-weight concrete mixture as follows: 1. Minimum Compressive Strength: 3000 psi at 28 days. 2. Slump Limit: 5 inches. B. Grade Beams and Piles: Proportion normal-weight concrete mixture as follows: 1. Minimum Compressive Strength: 3500 psi at 28 days. 2. Slump Limit: 5 inches. C. Slabs-on-Grade: Proportion normal-weight concrete mixture as follows: 1. Minimum Compressive Strength: 3000 psi at 28 days. 2. Slump Limit: 5 inches. 2.12 CONCRETE MIXING A. Ready-Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C 94/C 94M and ASTM C 1116, and furnish batch ticket information. 1. When air temperature is between 85 and 90 deg F, reduce mixing and delivery time from 1-1/2 hours to 75 minutes; when air temperature is above 90 deg F, reduce mixing and delivery time to 60 minutes. PART 3 - EXECUTION 3.1 FORMWORK A. Design, erect, shore, brace, and maintain formwork, according to ACI 301, to support vertical, lateral, static, and dynamic loads, and construction loads that might be applied, until structure can support such loads. Leo Carrillo Ranch Barn Stabilization Section 03300 Section 03300 - Page 7 Cast-in-Place Concrete B. Construct formwork so concrete members and structures are of size, shape, alignment, elevation, and position indicated, within tolerance limits of AC1117. C. Limit concrete surface irregularities, designated by ACI 347R as abrupt or gradual, as follows: 1. Class B, 1/4 inch for rough-formed finished surfaces. D. Construct forms tight enough to prevent loss of concrete mortar. E. Fabricate forms for easy removal without hammering or prying against concrete surfaces. Provide crush or wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for inclined surfaces steeper than 1.5 horizontal to 1 vertical. 1. Install keyways, reglets, recesses, and the like, for easy removal. 2. Do not use rust-stained steel form-facing material. F. Set edge forms, bulkheads, and intermediate screed strips for slabs to achieve required elevations and slopes in finished concrete surfaces. Provide and secure units to support screed strips; use strike-off templates or compacting- type screeds. G. Provide temporary openings for cleanouts and inspection ports where interior area of formwork is inaccessible. Close openings with panels tightly fitted to forms and securely braced to prevent loss of concrete mortar. Locate temporary openings in forms at inconspicuous locations. H. Form openings, chases, offsets, sinkages, keyways, reglets, blocking, screeds, and bulkheads required in the Work. Determine sizes and locations from trades providing such items. I. Clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt, and other debris just before placing concrete. J. Retighten forms and bracing before placing concrete, as required, to prevent mortar leaks and maintain proper alignment. K. Coat contact surfaces of forms with form-release agent, according to manufacturer's written instructions, before placing reinforcement. 3.2 EMBEDDED ITEMS A. Place and secure anchorage devices and other embedded items required for adjoining work that is attached to or supported by cast-in-place concrete. Use setting drawings, templates, diagrams, instructions, and directions furnished with items to be embedded. Leo Carrillo Ranch Barn Restoration Section 03300 Section 03300 - Page 8 Cast-in-Place Concrete 1. Install anchor rods, accurately located, to elevations required and complying with tolerances in Section 7.5 of AISC's "Code of Standard Practice for Steel Buildings and Bridges." 3.3 REMOVING AND REUSING FORMS A. General: Formwork for sides of beams, walls, columns, and similar parts of the Work that does not support weight of concrete may be removed after cumulatively curing at not less than 50 deg F 24 hours after placing concrete, if concrete is hard enough to not be damaged by form-removal operations and curing and protection operations are maintained. 1. Leave formwork for beam soffits, joists, slabs, and other structural elements that supports weight of concrete in place until concrete has achieved at least 70 percent of its 28-day design compressive strength. 2. Remove forms only if shores have been arranged to permit removal of forms without loosening or disturbing shores. B. Clean and repair surfaces of forms to be reused in the Work. Split, frayed, delaminated, or otherwise damaged form-facing material will not be acceptable for exposed surfaces. Apply new form-release agent. C. When forms are reused, clean surfaces, remove fins and laitance, and tighten to close joints. Align and secure joints to avoid offsets. Do not use patched forms for exposed concrete surfaces unless approved by Architect. 3.4 VAPOR RETARDERS A. Granular Course: Cover vapor retarder with granular fill, moisten, and compact with mechanical equipment to elevation tolerances of plus 0 inch or minus 3/4 inch. 3.5 STEEL REINFORCEMENT A. General: Comply with CRSI's "Manual of Standard Practice" for placing reinforcement. 1 . Do not cut or puncture vapor retarder. Repair damage and reseal vapor retarder before placing concrete. B. Clean reinforcement of loose rust and mill scale, earth, ice, and other foreign materials that would reduce bond to concrete. Leo Carrillo Ranch Barn Stabilization Section 03300 Section 03300 - Page 9 Cast-in-Place Concrete C. Accurately position, support, and secure reinforcement against displacement. Locate and support reinforcement with bar supports to maintain minimum concrete cover. Do not tack weld crossing reinforcing bars. D. Set wire ties with ends directed into concrete, not toward exposed concrete surfaces. E. Epoxy-Coated Reinforcement: Repair cut and damaged epoxy coatings with epoxy repair coating according to ASTM D 3963/D 3963M. Use epoxy-coated steel wire ties to fasten epoxy-coated steel reinforcement. 3.6 JOINTS A. General: Construct joints true to line with faces perpendicular to surface plane of concrete. B. Construction Joints: Install so strength and appearance of concrete are not impaired, at locations indicated or as approved by Architect. 1. Form keyed joints as indicated. Embed keys at least 1-1/2 inches into concrete. 2. Use a bonding agent at locations where fresh concrete is placed against hardened or partially hardened concrete surfaces. 3. Use epoxy-bonding adhesive at locations where fresh concrete is placed against hardened or partially hardened concrete surfaces. 3.7 CONCRETE PLACEMENT A. Before placing concrete, verify that installation of formwork, reinforcement, and embedded items is complete and that required inspections have been performed. B. Do not add water to concrete during delivery, at Project site, or during placement unless approved by Architect. C. Before test sampling and placing concrete, water may be added at Project site, subject to limitations of ACI 301. D. Deposit concrete continuously in one layer or in horizontal layers of such thickness that no new concrete will be placed on concrete that has hardened enough to cause seams or planes of weakness. If a section cannot be placed continuously, provide construction joints as indicated. Deposit concrete to avoid segregation. 1. Deposit concrete in horizontal layers of depth to not exceed formwork design pressures and in a manner to avoid inclined construction joints. Leo Carrillo Ranch Barn Restoration Section 03300 Section 03300 - Page 10 Cast-in-Place Concrete 2. Consolidate placed concrete with mechanical vibrating equipment according to ACI 301. 3. Do not use vibrators to transport concrete inside forms. Insert and withdraw vibrators vertically at uniformly spaced locations to rapidly penetrate placed layer and at least 6 inches into preceding layer. Do not insert vibrators into lower layers of concrete that have begun to lose plasticity. At each insertion, limit duration of vibration to time necessary to consolidate concrete and complete embedment of reinforcement and other embedded items without causing mixture constituents to segregate. E. Deposit and consolidate concrete for floors and slabs in a continuous operation, within limits of construction joints, until placement of a panel or section is complete. 1. Consolidate concrete during placement operations so concrete is thoroughly worked around reinforcement and other embedded items and into corners. 2. Maintain reinforcement in position on chairs during concrete placement. 3. Screed slab surfaces with a straightedge and strike off to correct elevations. 4. Slope surfaces uniformly to drains where required. 5. Begin initial floating using bull floats or darbies to form a uniform and open-textured surface plane, before excess bleedwater appears on the surface. Do not further disturb slab surfaces before starting finishing operations. F. Cold-Weather Placement: Comply with ACI 306.1 and as follows. Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing actions, or low temperatures. 1. When average high and low temperature is expected to fall below 40 deg F for three successive days, maintain delivered concrete mixture temperature within the temperature range required by ACI 301. 2. Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen subgrade or on subgrade containing frozen materials. 3. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators unless otherwise specified and approved in mixture designs. G. Hot-Weather Placement: Comply with ACI 301 and as follows: 1. Maintain concrete temperature below 90 deg F at time of placement. Chilled mixing water or chopped ice may be used to control temperature, provided water equivalent of ice is calculated to total amount of mixing water. Using liquid nitrogen to cool concrete is Contractor's option. Leo Carrillo Ranch Barn Stabilization Section 03300 Section 03300 - Page 11 Cast-in-Place Concrete 2. Fog-spray forms, steel reinforcement, and subgrade just before placing concrete. Keep subgrade uniformly moist without standing water, soft spots, or dry areas. 3.8 FINISHING FORMED SURFACES A. Rough-Formed Finish: As-cast concrete texture imparted by form-facing material with tie holes and defects repaired and patched. Remove fins and other projections that exceed specified limits on formed-surface irregularities. 1. Apply to concrete surfaces not exposed to public view. B. Related Unformed Surfaces: At tops of walls, horizontal offsets, and similar unformed surfaces adjacent to formed surfaces, strike off smooth and finish with a texture matching adjacent formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent unformed surfaces, unless otherwise indicated. 3.9 FINISHING FLOORS AND SLABS A. General: Comply with ACI302.1R recommendations for screeding, restraightening, and finishing operations for concrete surfaces. Do not wet concrete surfaces. B. Float Finish: Consolidate surface with power-driven floats or by hand floating if area is small or inaccessible to power driven floats. Restraighten, cut down high spots, and fill low spots. Repeat float passes and restraightening until surface is left with a uniform, smooth, granular texture. 1. Apply float finish to surfaces to receive trowel finish. C. Broom Finish: Apply a broom finish to exterior concrete platforms, steps, and ramps, and elsewhere as indicated. 1. Immediately after float finishing, slightly roughen trafficked surface by brooming with fiber-bristle broom perpendicular to main traffic route. Coordinate required final finish with Architect before application. 3.10 MISCELLANEOUS CONCRETE ITEMS A. Filling In: Fill in holes and openings left in concrete structures, unless otherwise indicated, after work of other trades is in place. Mix, place, and cure concrete, as specified, to blend with in-place construction. Provide other miscellaneous concrete filling indicated or required to complete the Work. Leo Carrillo Ranch Barn Restoration Section 03300 Section 03300 - Page 12 Cast-in-Place Concrete B. Curbs: Provide monolithic finish to interior curbs by stripping forms while concrete is still green and by steel-troweling surfaces to a hard, dense finish with comers, intersections, and terminations slightly rounded. C. Equipment Bases and Foundations: Provide machine and equipment bases and foundations as shown on Drawings. Set anchor bolts for machines and equipment at correct elevations, complying with diagrams or templates from manufacturer furnishing machines and equipment. D. Steel Pan Stairs: Provide concrete fill for steel pan stair treads, landings, and associated items. Cast-in inserts and accessories as shown on Drawings. Screed, tamp, and trowel-finish concrete surfaces. 3.11 CONCRETE PROTECTING AND CURING A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with ACI 306.1 for cold-weather protection and ACI 301 for hot-weather protection during curing. B. Formed Surfaces: Cure formed concrete surfaces, including underside of beams, supported slabs, and other similar surfaces. If forms remain during curing period, moist cure after loosening forms. If removing forms before end of curing period, continue curing for the remainder of the curing period. C. Unformed Surfaces: Begin curing immediately after finishing concrete. Cure unformed surfaces, including floors and slabs, concrete floor toppings, and other surfaces. D. Cure concrete according to ACI 308.1, by one or a combination of the following methods: 1. Moisture Curing: Keep surfaces continuously moist for not less than seven days with the following materials: a. Water. b. Continuous water-fog spray. c. Absorptive cover, water saturated, and kept continuously wet. Cover concrete surfaces and edges with 12-inch lap over adjacent absorptive covers. 3.12 JOINT FILLING A. Prepare, clean, and install joint filler according to manufacturer's written instructions. Leo Carrillo Ranch Barn Stabilization Section 03300 Section 03300 - Page 13 Cast-in-Place Concrete 1. Defer joint filling until concrete has aged at least one month. Do not fill joints until construction traffic has permanently ceased. B. Remove dirt, debris, saw cuttings, curing compounds, and sealers from joints; leave contact faces of joint clean and dry. C. Install semirigid joint filler full depth in saw-cut joints and at least 2 inches deep in formed joints. Overfill joint and trim joint filler flush with top of joint after hardening. 3.13 CONCRETE SURFACE REPAIRS A. Defective Concrete: Repair and patch defective areas when approved by Architect. Remove and replace concrete that cannot be repaired and patched to Architect's approval. B. Patching Mortar: Mix dry-pack patching mortar, consisting of one part portland cement to two and one-half parts fine aggregate passing a No. 16 sieve, using only enough water for handling and placing. C. Repairing Formed Surfaces: Surface defects include color and texture irregularities, cracks, spalls, air bubbles, honeycombs, rock pockets, fins and other projections on the surface, and stains and other discolorations that cannot be removed by cleaning. 1. Immediately after form removal, cut out honeycombs, rock pockets, and voids more than 1/2 inch in any dimension in solid concrete, but not less than 1 inch in depth. Make edges of cuts perpendicular to concrete surface. Clean, dampen with water, and brush-coat holes and voids with bonding agent. Fill and compact with patching mortar before bonding agent has dried. Fill form-tie voids with patching mortar or cone plugs secured in place with bonding agent. 2. Repair defects on surfaces exposed to view by blending white portland cement and standard portland cement so that, when dry, patching mortar will match surrounding color. Patch a test area at inconspicuous locations to verify mixture and color match before proceeding with patching. Compact mortar in place and strike off slightly higher than surrounding surface. 3. Repair defects on concealed formed surfaces that affect concrete's durability and structural performance as determined by Architect. D. Repairing Unformed Surfaces: Test unformed surfaces, such as floors and slabs, for finish and verify surface tolerances specified for each surface. Correct low and high areas. Test surfaces sloped to drain for trueness of slope and smoothness; use a sloped template. Leo Carrillo Ranch Barn Restoration Section 03300 Section 03300 - Page 14 Cast-in-Place Concrete 1. Repair finished surfaces containing defects. Surface defects include spalls, popouts, honeycombs, rock pockets, crazing and cracks in excess of 0.01 inch wide or that penetrate to reinforcement or completely through unreinforced sections regardless of width, and other objectionable conditions. 2. After concrete has cured at least 14 days, correct high areas by grinding. 3. Correct localized low areas during or immediately after completing surface finishing operations by cutting out low areas and replacing with patching mortar. Finish repaired areas to blend into adjacent concrete. 4. Repair defective areas, except random cracks and single holes 1 inch or less in diameter, by cutting out and replacing with fresh concrete. Remove defective areas with clean, square cuts and expose steel reinforcement with at least a 3/4-inch clearance all around. Dampen concrete surfaces in contact with patching concrete and apply bonding agent. Mix patching concrete of same materials and mixture as original concrete except without coarse aggregate. Place, compact, and finish to blend with adjacent finished concrete. Cure in same manner as adjacent concrete. 5. Repair random cracks and single holes 1 inch or less in diameter with patching mortar. Groove top of cracks and cut out holes to sound concrete and clean off dust, dirt, and loose particles. Dampen cleaned concrete surfaces and apply bonding agent. Place patching mortar before bonding agent has dried. Compact patching mortar and finish to match adjacent concrete. Keep patched area continuously moist for at least 72 hours. E. Perform structural repairs of concrete, subject to Architect's approval, using epoxy adhesive and patching mortar. F. Repair materials and installation not specified above may be used, subject to Architect's approval. END OF SECTION 03300 Leo Carrillo Ranch Barn Stabilization Section 03300 SECTION 04860 STONE MASONRY PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes the following applications of stone masonry: 1. Anchored to concrete backup. B. Related Sections: 1. Division 3 Section "Cast-in-Place Concrete" for dovetail slots in concrete for anchoring stone. 1.3 SUBMITTALS A. Product Data: For each type of product indicated. 1. For stone varieties proposed for use on Project, include test data indicating compliance with physical properties specified or required by referenced ASTM standards. B. Samples for Initial Selection: For natural stone, provide samples to replicate the color, form, and size variation of the existing stone. C. Qualification Data: For qualified Installer. 1.4 QUALITY ASSURANCE A. Installer Qualifications: A qualified installer who employs experienced stonemasons and stone fitters. B. Source Limitations for Stone: Obtain each variety of stone, from one quarry with resources to provide materials of consistent quality in appearance and physical properties. Leo Carrillo Ranch Barn Stabilization Section 04860 Section 04860 - Page 2 Stone Masonry C. Source Limitations for Mortar Materials: Obtain mortar ingredients of a uniform quality, including color for exposed masonry, from single manufacturer for each cementitious component and from single source or producer for each aggregate. D. Mockups: Build mockups to demonstrate aesthetic effects and set quality standards for materials and execution. 1 . Build mockup of typical wall area. a. Build mockups for typical exterior wall in sizes approximately 48 inches long by 48 inches high by full thickness. 2. Protect accepted mockups from the elements with weather-resistant membrane. 3. Approval of mockups is for color, texture, and blending of stone; relationship of mortar and sealant colors to stone colors; tooling of joints; and aesthetic qualities of workmanship. a. Approval of mockups is also for other material and construction qualities Architect specifically approves in writing. b. Approval of mockups does not constitute approval of deviations from the Contract Documents contained in mockups unless Architect specifically approves such deviations in writing. 4. Approved mockups may become part of the completed Work if undisturbed at time of Substantial Completion. 1 .5 DELIVERY, STORAGE, AND HANDLING A. Store cementitious materials on elevated platforms, under cover, and in a dry location. Do not use cementitious materials that have become damp. B. Store aggregates where grading and other required characteristics can be maintained and contamination avoided. C. Deliver preblended, dry mortar mix in moisture-resistant containers designed for lifting and emptying into dispensing silo. Store preblended, dry mortar mix in delivery containers on elevated platforms, under cover, and in a dry location or in a metal dispensing silo with weatherproof cover. D. Store masonry accessories, including metal items, to prevent corrosion and accumulation of dirt and oil. 1 .6 PROJECT CONDITIONS A. Protection of Stone Masonry: During construction, cover tops of walls, projections, and sills with waterproof sheeting at end of each day's work. Cover partially completed stone masonry when construction is not in progress. Leo Carrillo Ranch Barn Restoration Section 04860 Section 04860 - Page 3 Stone Masonry 1. Extend cover a minimum of 24 inches down both sides and hold cover securely in place. B. Stain Prevention: Immediately remove mortar and soil to prevent them from staining the face of stone masonry. 1. Protect base of walls from rain-splashed mud and mortar splatter by coverings spread on the ground and over the wall surface. 2. Protect sills, ledges, and projections from mortar droppings. 3. Turn scaffold boards near the wall on edge at end of each day to prevent rain from splashing mortar and dirt on completed stone masonry. C. Cold-Weather Requirements: Do not use frozen materials or materials mixed or coated with ice or frost. Do not build on frozen substrates. Remove and replace stone masonry damaged by frost or freezing conditions. Comply with cold-weather construction requirements contained in ACI 530.1/ASCE 6/TMS 602. 1. Cold-Weather Cleaning: Use liquid cleaning methods only when air temperature is 40 deg F and above and will remain so until masonry has dried, but not less than 7 days after completing cleaning. D. Hot-Weather Requirements: Comply with hot-weather construction requirements contained in ACI 530.1/ASCE 6/TMS 602. 1.7 COORDINATION A. Advise installers of other work about specific requirements for placement of reinforcement, veneer anchors, flashing, and similar items to be built into stone masonry. PART 2 - PRODUCTS 2.1 STONE VENEER A. Provide sound natural stone as follows: 1. Match existing historic stone in-kind. Provide same size, shape, and color variation as existing stone. 2.2 MORTAR MATERIALS A. Portland Cement: ASTM C 150, Type I or II, except Type III may be used for cold-weather construction. Provide natural color or white cement as required to produce mortar color that matches historic mortar color. Leo Carrillo Ranch Barn Stabilization Section 04860 Section 04860 - Page 4 Stone Masonry 1 . Low-Alkali Cement: Not more than 0.60 percent total alkali when tested according to ASTM C 1 1 4. B. Aggregate: ASTM C 144 and as follows: 1. For pointing mortar, use aggregate that matches historic aggregate in color and size. C. Water: Potable. 2.3 VENEER ANCHORS A. Materials: 1. Hot-Dip Galvanized-Steel Sheet: ASTM A 1008/A 1008M, cold-rolled, carbon-steel sheet hot-dip galvanized after fabrication to comply with ASTM A 153/A 153M, Class B-2. 2. Stainless-Steel Sheet: ASTM A 240/A 240M. B. Size: Sufficient to extend at least halfway, but not less than 1-1/2 inches, through stone masonry and with at least 5/8-inch cover on outside face. C. Corrugated-Metal Veneer Anchors: Not less than 0.030-inch- thick by 7/8-inch- wide hot-dip galvanized-steel sheet with corrugations having a wavelength of 0.3 to 0.5 inch and an amplitude of 0.06 to 0.10 inch. D. Polymer-Coated, Steel Tapping Screws for Concrete Masonry: Self-tapping screws with specially designed threads for tapping and wedging into masonry, with hex washer head and neoprene washer, 3/16-inch diameter by 1-1/2-inch length, and with organic polymer coating with salt-spray resistance to red rust of more than 800 hours per ASTM B 1 1 7. 2.4 MORTAR MIXES A. General: Do not use admixtures, including pigments, air-entraining agents, accelerators, retarders, water-repellent agents, antifreeze compounds, or other admixtures, unless otherwise indicated. 1 . Do not use calcium chloride. 2. Mixing Pointing Mortar: Thoroughly mix cementitious and aggregate materials together before adding water. Then mix again, adding only enough water to produce a damp, unworkable mix that will retain its form when pressed into a ball. Maintain mortar in this dampened condition for one to two hours. Add remaining water in small portions until mortar reaches desired consistency. Use mortar within 30 minutes of final mixing; do not retemper or use partially hardened material. Leo Carrillo Ranch Barn Restoration Section 04860 Section 04860 - Page 5 Stone Masonry B. Preblended, Dry Mortar Mix: Furnish dry mortar ingredients in the form of a preblended mix. Measure quantities by weight to ensure accurate proportions, and thoroughly blend ingredients before delivering to Project site. C. Mortar for Stone Masonry: Comply with ASTM C 270, Proportion Specification. 1. Mortar for Setting Stone: Type N. 2. Mortar for Pointing Stone: Type N. D. Pigmented Mortar: Use colored cement product or select and proportion pigments with other ingredients to produce color required. Do not add pigments to colored cement products. 1. Pigments shall not exceed 10 percent of portland cement by weight. 2. Pigments shall not exceed 5 percent of mortar cement by weight. 3. Mix to match Architect's sample. 2.5 FABRICATION A. Fabricate stone to comply with sizes, shapes, and tolerances recommended by applicable stone association or, if none, by stone source, for faces, edges, beds, and backs. B. Select stone to produce pieces of thickness, size, and shape indicated, including details on Drawings. Dress joints (bed and vertical) straight and at right angle to face unless otherwise indicated. C. Cut and drill sinkages and holes in stone for anchors and supports. D. Carefully inspect stone at quarry or fabrication plant for compliance with requirements for appearance, material, and fabrication. Replace defective units before shipment. 1. Clean sawed backs of stone to remove rust stains and iron particles. E. Thickness of Stone: Provide thickness indicated, but not less than the following: 1. Thickness: 2 inches plus or minus 1/2 inch. Thickness does not include projection of pitched faces. F. Shape stone for type of masonry (pattern) as follows: 1. Uncoursed rubble (fieldstone). G. Finish exposed faces and edges of stone to match existing masonry and approved samples and mockups. Leo Carrillo Ranch Barn Stabilization Section 04860 Section 04860 - Page 6 Stone Masonry PART 3 - EXECUTION 3.1 EXAMINATION A. Examine surfaces indicated to receive stone masonry, with Installer present, for compliance with requirements for installation tolerances and other conditions affecting performance. B. Examine substrate to verify that dovetail slots, inserts, reinforcement, veneer anchors, flashing, and other items installed in substrates and required for or extending into stone masonry are correctly installed. C. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Coat concrete and unit masonry backup with asphalt dampproofing. B. Clean dirty or stained stone surfaces by removing soil, stains, and foreign materials before setting. Clean stone by thoroughly scrubbing with fiber brushes and then drenching with clear water. Use only mild cleaning compounds that contain no caustic or harsh materials or abrasives. 3.3 SETTING OF STONE MASONRY, GENERAL A. Perform necessary field cutting and trimming as stone is set. 1 . Use power saws to cut stone that is fabricated with saw-cut surfaces. Cut lines straight and true, with edges eased slightly to prevent snipping. 2. Use hammer and chisel to split stone that is fabricated with split surfaces. Make edges straight and true, matching similar surfaces that were shop or quarry fabricated. 3. Pitch face at field-split edges as needed to match stones that are not field split. B. Sort stone before it is placed in wall to remove stone that does not comply with requirements relating to aesthetic effects, physical properties, or fabrication, or that is otherwise unsuitable for intended use. C. Arrange stones in uncoursed rubble pattern with joint widths within tolerances indicated. Insert small stones into spaces between larger stones as needed to produce joints as uniform in width as practical. Leo Carrillo Ranch Barn Restoration Section 04860 Section 04860 - Page 7 Stone Masonry D. Arrange stones with color and size variations uniformly dispersed for an evenly blended appearance. E. Set stone to comply with requirements indicated on Drawings. Install supports, fasteners, and other attachments indicated or necessary to secure stone masonry in place. Set stone accurately in locations indicated with edges and faces aligned according to established relationships and indicated tolerances. F. Provide sealant joints of widths and at locations indicated. 1. Keep sealant joints free of mortar and other rigid materials. 2. Sealing joints is specified in Division 7 Section "Joint Sealants." 3.4 INSTALLATION OF ANCHORED STONE MASONRY A. Anchor stone masonry to concrete with corrugated-metal veneer anchors unless otherwise indicated. Secure anchors by inserting dovetailed ends into dovetail slots in concrete. B. Embed veneer anchors in mortar joints of stone masonry at least halfway, but not less than 1-1/2 inches, through stone masonry and with at least 5/8-inch cover on outside face. C. Space anchors not more than 16 inches o.c. vertically and 24 inches o.c. horizontally. Install additional anchors within 12 inches of openings, sealant joints, and perimeter at intervals not exceeding 12 inches. D. Set stone in full bed of mortar with full head joints unless otherwise indicated. Build anchors into mortar joints as stone is set. 3.5 POINTING A. Prepare stone-joint surfaces for pointing with mortar by removing dust and mortar particles. Where setting mortar was removed to depths greater than surrounding areas, apply pointing mortar in layers not more than 3/8 inch deep until a uniform depth is formed. B. Point stone joints by placing and compacting pointing mortar in layers not more than 3/8 inch deep. Compact each layer thoroughly and allow to become thumbprint hard before applying next layer. C. Tool joints, when pointing mortar is thumbprint hard, with a smooth jointing tool to produce the following joint profile: 1. Joint Profile: To match the existing joint profile. Leo Carrillo Ranch Barn Stabilization Section 04860 Section 04860 - Page 8 Stone Masonry 3.6 ADJUSTING AND CLEANING A. Remove and replace stone masonry of the following description: 1. Broken, chipped, stained, or otherwise damaged stone. Stone may be repaired if methods and results are approved by Architect. 2. Defective joints. 3. Stone masonry not matching approved samples and mockups. 4. Stone masonry not complying with other requirements indicated. B. Replace in a manner that results in stone masonry matching approved samples and mockups, complying with other requirements, and showing no evidence of replacement. C. In-Progress Cleaning: Clean stone masonry as work progresses. Remove mortar fins and smears before tooling joints. D. Final Cleaning: After mortar is thoroughly set and cured, clean stone masonry as follows: 1. Remove large mortar particles by hand with wooden paddles and nonmetallic scrape hoes or chisels. 2. Test cleaning methods on mockup; leave one-half of panel uncleaned for comparison purposes. Obtain Architect's approval of sample cleaning before cleaning stone masonry. 3. Clean stone masonry by bucket and brush hand-cleaning method described in BIA Technical Note No. 20 Revised II, using job-mixed detergent solution. 3.7 EXCESS MATERIALS AND WASTE A. Excess Stone: Stack excess stone where directed by Owner for Owner's use. B. Excess Masonry Waste: Remove excess clean masonry waste, and other waste, and legally dispose of off Owner's property. END OF SECTION 04860 Leo Carrillo Ranch Barn Restoration Section 04860 SECTION 04902 STONE RESTORATION AND CLEANING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes maintenance of stone assemblies consisting of stone restoration and cleaning as follows: 1. Repairing stone masonry, including replacing damaged units. 2. Repointing joints. 3. Cleaning exposed stone surfaces. B. Related Sections: 1. Division 1 Section "Special Procedures for Historic Treatment." 2. Division 4 Section "Stone Masonry" for new stone cladding. 1.3 DEFINITIONS A. Restoration: The act or process of accurately depicting the form, features and character of a property (salvaged historic item) as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading building systems and other code-required work to make properties (salvaged historic items) functional as appropriate within a restoration project. 1.4 SUBMITTALS A. Product Data: For each type of product indicated. Include recommendations for application and use. Include test data substantiating that products comply with requirements. B. Samples for verification, before erecting the mockup, of the following: Leo Carrillo Ranch Barn Stabilization Section 04902 Section 04902 - Page 2 Stone Restoration and Cleaning 1. Each new exposed masonry material to be used for replacing existing materials. Include in each set of samples the full range of colors, size, and textures to be expected in the completed work. C. Qualification Data: For restoration specialists. D. Restoration and Cleaning Program. s 1.5 QUALITY ASSURANCE A. Restoration Specialist Qualifications: Engage an experienced stone restoration and cleaning firm to perform work of this Section. Firm shall have completed work similar in material, design, and extent to that indicated for this Project with a record of successful in-service performance. Experience installing standard unit masonry or new stone masonry is not sufficient experience for stone restoration work. 1. At Contractor's option, work may be divided between two specialist firms: one for cleaning work and one for repair work. 2. Field Supervision: Restoration specialist firms shall maintain experienced full-time supervisors on Project site during times that stone restoration and cleaning work is in progress. Supervisors shall not be changed during Project except for causes beyond control of restoration specialist firm. 3. Restoration Worker Qualifications: Persons who are experienced and specialize in restoration work of types they will be performing. B. Source Limitations: Obtain each type of material for stone restoration (stone, cement, sand, etc.) from one source with resources to provide materials of consistent quality in appearance and physical properties. C. Restoration and Cleaning Program: Prepare a written, detailed description of materials, methods, equipment, and sequence of operations to be used for each phase of restoration and cleaning work including protection of surrounding materials and Project site. 1. Include methods for keeping pointing mortar damp during curing period. 2. If materials and methods other than those indicated are proposed for any phase of restoration work, add to the Quality-Control Program a written description of such materials and methods, including evidence of successful use on comparable projects, and demonstrations to show their effectiveness for this Project and worker's ability to use such materials and methods properly. D. Cleaning and Repair Appearance Standard: Cleaned and repaired surfaces are to have a uniform appearance as viewed from 10 feet away by Architect. Perform additional paint and stain removal, general cleaning, and spot cleaning Leo Carrillo Ranch Barn Stabilization Section 04902 Section 04902 - Page 3 Stone Restoration and Cleaning of small areas that are noticeably different, so that surface blends smoothly into surrounding areas. E. Mockups: Prepare mockups of restoration and cleaning to demonstrate aesthetic effects and set quality standards for materials and execution and for fabrication and installation. 1. Stone Repair: Prepare sample areas for each type of stone indicated to have repair work performed. If not otherwise indicated, size each mockup not smaller than 2 adjacent whole units or approximately 48 inches in least dimension. Erect sample areas in existing walls unless otherwise indicated, to demonstrate quality of materials, workmanship, and blending with existing work. Include the following as a minimum: 2. Cleaning: Clean an area approximately 25 sq. ft. for each type of stone and surface condition. a. Test cleaners and methods on samples of adjacent materials for possible adverse reactions. Do not use cleaners and methods known to have deleterious effect. b. Allow a waiting period of not less than seven days after completion of sample cleaning to permit a study of sample panels for negative reactions. 3. Approval of mockups does not constitute approval of deviations from the Contract Documents contained in mockups unless Architect specifically approves such deviations in writing. 4. Approved mockups may become part of the completed Work if undisturbed at time of Substantial Completion. 1.6 DELIVERY, STORAGE, AND HANDLING A. Deliver stone units to Project site strapped together in suitable packs or pallets or in heavy-duty crates. B. Deliver other materials to Project site in manufacturer's original and unopened containers, labeled with manufacturer's name and type of products. C. Store cementitious materials on elevated platforms, under cover, and in a dry location. Do not use cementitious materials that have become damp. D. Store hydrated lime in manufacturer's original and unopened containers. Discard lime if containers have been damaged or have been opened for more than two days. E. Store lime putty covered with water in sealed containers. Leo Carrillo Ranch Barn Stabilization Section 04902 Section 04902 - Page 4 Stone Restoration and Cleaning F. Store sand where grading and other required characteristics can be maintained and contamination avoided. 1 .7 PROJECT CONDITIONS A. Weather Limitations: Proceed with installation only when existing and forecasted weather conditions permit stone restoration and cleaning work to be performed according to manufacturers' written instructions and specified requirements. B. Repair stone units and repoint mortar joints only when air temperature is between 40 and 90 deg F and is predicted to remain so for at least 7 days after completion of the Work unless otherwise indicated. C. Cold-Weather Requirements: Comply with the following procedures for stone repair and mortar-joint pointing unless otherwise indicated: 1 . When air temperature is below 40 deg F, heat mortar ingredients, repair materials, and existing stone to produce temperatures between 40 and 120 deg F. 2. When mean daily air temperature is below 40 deg F, provide enclosure and heat to maintain temperatures above 32 deg F within the enclosure for 7 days after repair and pointing. D. Hot-Weather Requirements: Protect stone repair and mortar-joint pointing when temperature and humidity conditions produce excessive evaporation of water from mortar and patching materials. Provide artificial shade and wind breaks and use cooled materials as required to minimize evaporation. Do not apply mortar to substrates with temperatures of 90 deg F and above unless otherwise indicated. E. For manufactured repair materials, perform work within the environmental limits set by each manufacturer. F. Clean stone surfaces only when air temperature is 40 deg F and above and is predicted to remain so for at least 7 days after completion of cleaning. 1 .8 SEQUENCING AND SCHEDULING A. Order replacement materials at earliest possible date to avoid delaying completion of the Work. B. Preform masonry restoration work in the following sequence: 1 . Remove plant growth. 2. Repair existing masonry, including replacing existing damaged masonry with salvaged or new materials. Leo Carrillo Ranch Barn Stabilization Section 04902 Section 04902 - Page 5 Stone Restoration and Cleaning 3. Rake out existing mortar from joints indicated to be repointed. 4. Point existing mortar joints of masonry indicated to be restored. 5. Inspect for open mortar joints and repair before cleaning to prevent the intrusion of water and other cleaning materials into the wall. 6. Clean masonry surfaces. Remove paint before general cleaning. 7. Rake out existing mortar from joints indicated to be repointed. 8. Point existing mortar joints of masonry indicated to be restored. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Available Products: Subject to compliance with requirements, provide the following: 1. Cleaner: a. Sure Klean 942 Masonry Cleaner; ProSoCo, Inc. b. Sure Klean 1028 Restoration Cleaner; ProSoCo, Inc. c. Sure Klean Light Duty Restoration Cleaner; ProSoCo, Inc. 2.2 STONE MATERIALS A. Stone and Accessories: Provide natural building stone and accessories, including specially molded, ground, cut, or sawed shapes where required to complete masonry restoration work. Match range in, color, texture, grain, veining, finish, size, and shape to existing stone and with physical properties not less than those determined from preconstruction testing of selected existing stone. 2.3 MORTAR MATERIALS A. Portland Cement: ASTM C 150, Type I or Type II, white or gray or both where required for color matching of exposed mortar. 1. Provide cement containing not more than 0.60 percent total alkali when tested according to ASTM C 114. B. Hydrated Lime: ASTM C 207, Type S. C. Quicklime: ASTM C 5, pulverized lime. D. Mortar Sand: ASTM C 144 unless otherwise indicated. 1. Color: Provide natural sand or ground marble, granite, or other sound stone of color necessary to produce required mortar color. Leo Carrillo Ranch Barn Stabilization Section 04902 Section 04902 - Page 6 Stone Restoration and Cleaning 2. For pointing mortar, provide sand with rounded edges. 3. Match size, texture, and gradation of existing mortar sand as closely as possible. Blend several sands if necessary to achieve suitable match. E. Mortar Pigments: Natural and synthetic iron oxides, compounded for mortar mixes. Use only pigments with a record of satisfactory performance in masonry mortars. F. Water: Potable. 2.4 CLEANING MATERIALS A. Water for cleaning: Potable. B. Warm Water: Heat water to temperature of 140 to 160 deg F. C. Job-Mixed Detergent Solution: Solution prepared by mixing 2 cups of tetrosodium polyphosphate (TSPP), Vz cup laundry detergent (tide, All, etc.), 5 quarts of 5 percent sodium hydrochloride (bleach), and 15 quarts warm water for each 5 gl. Of solution required. 2.5 MORTAR MIXES A. Preparing Lime Putty: Slake quicklime and prepare lime putty according to appendix to ASTM C 5 and manufacturer's written instructions. B. Measurement and Mixing: Measure cementitious materials and sand in a dry condition by volume or equivalent weight. Do not measure by shovel; use known measure. Mix materials in a clean, mechanical batch mixer. 1. Mixing Pointing Mortar: Thoroughly mix cementitious materials and sand together before adding any water. Then mix again adding only enough water to produce a damp, unworkable mix that will retain its form when pressed into a ball. Maintain mortar in this dampened condition for 15 to 30 minutes. Add remaining water in small portions until mortar reaches desired consistency. Use mortar within one hour of final mixing; do not retemper or use partially hardened material. C. Colored Mortar: Produce mortar of color required by using specified ingredients. Do not alter specified proportions without Architect's approval. 1. Mortar Pigments: Where mortar pigments are indicated, do not exceed a pigment-to-cement ratio of 1:10 by weight. D. Do not use admixtures in mortar unless otherwise indicated. Leo Carrillo Ranch Barn Stabilization Section 04902 Section 04902 - Page 7 Stone Restoration and Cleaning E. Mortar Proportions: Mix mortar materials in the following proportions: 1. Pointing Mortar for Stone: 1 part white Portland cement, 6 parts lime, and 12 parts sand. a. Add mortar pigments to produce mortar colors required. 2. Rebuilding (Setting) Mortar: Same as pointing mortar. PART 3 - EXECUTION 3.1 PROTECTION A. Protect persons, motor vehicles, surrounding surfaces of building being restored, building site, plants, and surrounding buildings from harm resulting from stone restoration work. 1. Erect temporary protective covers over walkways and at points of pedestrian and vehicular entrance and exit that must remain in service during course of restoration and cleaning work. B. Prevent mortar from staining face of surrounding stone and other surfaces. 1. Cover sills, ledges, and projections to protect from mortar droppings. 2. Keep wall area wet below rebuilding and pointing work to discourage mortar from adhering. 3. Immediately remove mortar in contact with exposed stone and other surfaces. 4. Clean mortar splatters from scaffolding at end of each day. 3.2 STONE REMOVAL AND REPLACEMENT A. Carefully demolish or remove entire units from joint to joint, without damaging surrounding stone, in a manner that permits replacement with full-size units. B. Salvage as many undamaged stone as possible. C. Support and protect remaining stonework that surrounds removal area. Maintain flashing, reinforcement, lintels, and adjoining construction in an undamaged condition. D. Notify Architect of unforeseen detrimental conditions including voids, cracks, bulges, and loose units in existing stone or unit masonry backup, rotted wood, rusted metal, and other deteriorated items. E. Remove in an undamaged condition as many whole stone units as possible. Leo Carrillo Ranch Barn Stabilization Section 04902 Section 04902 - Page 8 Stone Restoration and Cleaning 1 . Remove mortar, loose particles, and soil from stone by cleaning with hand chisels, brushes, and water. 2. Remove sealants by cutting close to stone with utility knife and cleaning with solvents. 3. Store stone for reuse. Store off ground, on skids, and protected from weather. 4. Deliver cleaned stone not required for reuse to Owner unless otherwise indicated. F. Clean stone surrounding removal areas by removing mortar, dust, and loose particles in preparation for replacement. G. Replace removed damaged stone with other removed stone in good quality, where possible, or with new stone matching existing stone, including size. Do not use broken units unless they can be cut to usable size. H. Install replacement stone into bonding and coursing pattern of existing stone. If cutting is required, use a motor-driven saw designed to cut stone with clean, sharp, unchipped edges. Finish edges to blend with appearance of edges of existing stone. 1 . Maintain joint width for replacement stone to match existing joints. 2. Use setting buttons or shims to set stone accurately spaced with uniform J°ints- I. Set replacement stone with completely filled bed, head, and collar joints. Butter vertical joints for full width before setting and set units in full bed of mortar unless otherwise indicated. Replace existing anchors with new anchors of size and type indicated. 1 . Tool exposed mortar joints in repaired areas to match joints of surrounding existing stonework. 2. Rake out mortar used for laying stone before mortar sets and point new mortar joints in repaired area to comply with requirements for repointing existing stone, and at same time as repointing of surrounding area. 3. When mortar is sufficiently hard to support units, remove shims and other devices interfering with pointing of joints. 3.3 CLEANING STONE, GENERAL A. Proceed with cleaning in an orderly manner; work from top to bottom and from one end of each elevation to the other. Ensure that dirty residues and rinse water will not wash over cleaned, dry surfaces. B. Use only those cleaning methods indicated for each stone material and location. 1 . Use natural-fiber brushes only. Leo Carrillo Ranch Barn Stabilization Section 04902 Section 04902 - Page 9 Stone Restoration and Cleaning 2. Use spray equipment that provides controlled application at volume and pressure indicated, measured at spray tip. Adjust pressure and volume to ensure that cleaning methods do not damage stone. a. Equip units with pressure gages. 3. For water-spray application, use fan-shaped spray tip that disperses water at an angle of 25 to 50 degrees. C. Perform each cleaning method indicated in a manner that results in uniform coverage of all surfaces, including corners, moldings, and interstices, and that produces an even effect without streaking or damaging stone surfaces. D. After cleaning is complete, remove protection no longer required. Remove tape and adhesive marks. 3.4 CLEANING STONEWORK A. Select and use all cleaning materials and equipment with care to avoid scratching, marring, defacing, staining, discoloring or otherwise degrading surfaces cleaned. B. Use only cleaning materials recommended by the manufacturer of surface (or its component materials) as safe and compatible for cleaning of that surface. C. Use Cleaning materials only on surfaces recommended by clean materials manufacturer. D. Touch-up marred abraded or otherwise damaged areas of finished elements. If upon determination by the Architect's review that satisfactory touch-up cannot be accomplished, remove and replace element, where all costs shall be borne by the Contractor. 3.5 REPOINTING STONEWORK A. Rake out and repoint joints to the following extent: 1. All joints in areas indicated. 2. Joints where mortar is missing or where they contain holes. 3. Cracked joints where cracks can be penetrated at least 1/4 inch by a knife blade 0.027 inch thick. 4. Cracked joints where cracks are 1/8 inch > or more in width and of any depth. 5. Joints where they sound hollow when tapped by metal object. 6. Joints where they are worn back 1/4 inch or more from surface. Leo Carrillo Ranch Barn Stabilization Section 04902 Section 04902 - Page 10 Stone Restoration and Cleaning 7. Joints where they are deteriorated to point that mortar can be easily removed by hand, without tools. 8. Joints where they have been filled with substances other than mortar. 9. Joints indicated as sealant-filled joints. B. Do not rake out and repoint joints where not required. C. Rake out joints as follows, according to procedures demonstrated in approved mockup: 1. Remove mortar from joints to depth of 2 times joint width, but not less than 1/2 inch or not less than that required to expose sound, unweathered mortar. 2. Remove mortar from stone surfaces within raked-out joints to provide reveals with square backs and to expose stone for contact with pointing mortar. Brush, vacuum, or flush joints to remove dirt and loose debris. 3. Do not spall edges of stone units or widen joints. Replace or patch damaged stone units as directed by Architect. a. Cut out mortar by hand with chisel and resilient mallet. Do not use power-operated grinders without Architect's written approval based on approved quality-control program. b. Cut out center of mortar bed joints using angle grinders with diamond-impregnated metal blades. Remove remaining mortar by hand with chisel and resilient mallet. Strictly adhere to approved quality-control program. D. Notify Architect of unforeseen detrimental conditions including voids in mortar joints, cracks, loose stone, rotted wood, rusted metal, and other deteriorated items. E. Pointing with Mortar: 1. Rinse joint surfaces with water to remove dust and mortar particles. Time rinsing application so, at time of pointing, joint surfaces are damp but free of standing water. If rinse water dries, dampen joint surfaces before pointing. 2. Apply pointing mortar first to areas where existing mortar was removed to depths greater than surrounding areas. Apply in layers not greater than 3/8 inch until a uniform depth is formed. Fully compact each layer thoroughly and allow it to become thumbprint hard before applying next layer. 3. After low areas have been filled to same depth as remaining joints, point all joints by placing mortar in layers not greater than 3/8 inch. Fully compact each layer and allow to become thumbprint hard before applying next layer. Where existing stone has worn or rounded edges, slightly recess finished mortar surface below face of stone to avoid widened joint Leo Carrillo Ranch Barn Stabilization Section 04902 Section 04902 - Page 11 Stone Restoration and Cleaning faces. Take care not to spread mortar beyond joint edges onto exposed stone surfaces or to featheredge the mortar. 4. When mortar is thumbprint hard, tool joints to match original appearance of joints as demonstrated in approved mockup. Remove excess mortar from edge of joint by brushing. 5. Cure mortar by maintaining in thoroughly damp condition for at least 72 consecutive hours, including weekends and holidays. a. Acceptable curing methods include covering with wet burlap and plastic sheeting, periodic hand misting, and periodic mist spraying using system of pipes, mist heads, and timers. b. Adjust curing methods to ensure that pointing mortar is damp throughout its depth without eroding surface mortar. 6. Hairline cracking within the mortar or mortar separation at edge of a joint is unacceptable. Completely remove such mortar and repoint. F. Where repointing work precedes cleaning of existing stone, allow mortar to harden at least 30 days before beginning cleaning work. 3.6 FINAL CLEANING A. After mortar has fully hardened, thoroughly clean exposed stone surfaces of excess mortar and foreign matter; use wood scrapers, stiff-nylon or -fiber brushes, and clean water, spray applied at low pressure. 1. Do not use metal scrapers or brushes. 2. Do not use acidic or alkaline cleaners. B. Wash adjacent woodwork and other non stone surfaces. Use detergent and soft brushes or cloths. C. Clean mortar and debris from roof; remove debris from gutters and downspouts. Rinse off roof and flush gutters and downspouts. D. Sweep and rake adjacent pavement and grounds to remove mortar and debris. Where necessary, pressure wash pavement surfaces to remove mortar, dust, dirt, and stains. END OF SECTION 04902 Leo Carrillo Ranch Barn Stabilization Section 04902 SECTION 06100 ROUGH CARPENTRY PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Wood framing. 2. Miscellaneous lumber for attachment and support of other work. 3. Wood blocking and nailers. 4. Wood furring and grounds. 5. Sheathing. 6. Epoxy anchors. 7. Preservation treatment. 8. Wood consolidant. B. Related Sections include the following: 1. Division 6 Section "Finish Carpentry" for nonstructural carpentry items exposed to view and not specified in another Section. 1.3 SUBMITTALS A. Shop Drawings: Prepare and submit shop drawings under provisions of Section 01330. B. Material Certificates: For dimension lumber specified by minimum allowable unit stress, submit: 1. Statement of species and grade selected for each application C. Product Data: Manufacturer's printed product information indicating compliance with specified requirements including: 1. Epoxy Anchors. Leo Carrillo Ranch Barn Stabilization Section 06100 Section 06100 - Page 2 Rough Carpentry 1.4 DELIVERY, STORAGE, AND HANDLING A. Protect wood products against moisture and dimensional changes. Support stacks at several uniformly spaced points to prevent deformation. Store stacks raised above ground. Cover to protect from rain. Select and arrange cover to allow air circulation under and all around stacks to prevent condensation. Maintain and restore displaced coverings. Remove from the site any wood products that have been subjected to moisture or that do not comply with the specified moisture and requirements. PART 2 - PRODUCTS 2.1 DIMENSION LUMBER A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work . B. Manufacturers: Subject to compliance with requirements. 2.2 WOOD PRODUCTS, GENERAL A. Size: Provide nominal sizes indicated, complying with NBS PS 20 except where actual sizes are specifically required. B. Refer to the Structural General Notes for species and grade. 2.3 WOOD-PRESERVATIVE-TREATED MATERIALS A. Preservative Treatment by Pressure Process: AWPA C2, except that lumber that is not in contact with the ground and is continuously protected from liquid water may be treated according to AWPA C31 with inorganic boron (SBX). 1. Preservative Chemicals: Acceptable to authorities having jurisdiction. 2. For exposed items indicated to receive a stained or natural finish, use chemical formulations that do not require incising, contain colorants, bleed through, or otherwise adversely affect finishes. B. Kiln-dry material after treatment to maximum moisture content of 19 percent for lumber and 15 percent for plywood. Do not use material that is warped or does not comply with requirements for untreated material. C. Mark each treated item with the treatment quality mark of an inspection agency approved by the American Lumber Standards Committee Board of Review. Leo Carrillo Ranch Barn Stabilization Section 06100 Section 06100 - Page 3 Rough Carpentry 1. For exposed lumber indicated to receive a stained or natural finish, mark end or back of each piece, or omit marking and provide certificates of treatment compliance issued by inspection agency. D. Application: Treat items indicated on Drawings, and the following: 1. Wood sills, sleepers, blocking, furring, stripping, and similar concealed members in contact with masonry or concrete. 2. Wood framing members less than 18 inches above grade. 3. Wood floor plates that are installed over concrete slabs directly in contact with earth. 2.4 EPOXY ANCHOR MATERIALS A. Epoxy anchors: Anchors shall be Covert CIA adhesive anchors. Install and test in accordance with ICC ES ESR 1702 Report. Alternate anchors may be approved by the Architect and the Structural Engineer and installed in accordance with the appropriate ES Report. 2.5 FASTENERS A. General: Provide fasteners of size and type indicated that comply with requirements specified in this Article for material and manufacture. 1. Provide fasteners with hot-dip zinc coating complying with ASTM A 153. B. Nails, Brads, and Staples: ASTM F 1667. C. Power-Driven Fasteners: CABO NER-272. D. Wood Screws: ASMEB18.6.1. E. Screws for Fastening to Cold-Formed Metal Framing: ASTM C 954, except with wafer heads and reamer wings, length as recommended by screw manufacturer for material being fastened. F. Lag Bolts: ASME B18.2.1. (ASME B18.2.3.8M). G. Bolts: Steel bolts complying with ASTM A 307, Grade A (ASTM F 568M, Property Class 4.6; with ASTM A 563 (ASTM A 563M) hex nuts and, where indicated, flat washers. 2.6 WOOD CONSOLIDANT MATERIALS A. Wood Preservative: Liquid Wood: Clear liquid wood consolidant; Manufactured by Abatron, Inc. Leo Carrillo Ranch Barn Stabilization Section 06100 Section 06100 - Page 4 Rough Carpentry B. Wood Filler: Wood Epox, Adhesive putty; Manufactured by Abatron, Inc. C, Manufacturer: Abatron, Inc. 5501 - 95th Avenue Kenosha, Wl 53144 Telephone: (800) 445-1754 2.7 MISCELLANEOUS MATERIALS A. Building Paper: Asphalt-saturated organic felt complying with ASTM D 226, Type I (No. 15 asphalt felt), unperforated. PART 3 - EXECUTION 3.1 INSTALLATION, GENERAL A. Arrange work to use full length pieces except where length would exceed commercially available length. Discard pieces with defects that would lower the required strength or appearance of the work. B. Cut and fit members accurately. C. Fasten carpentry in accordance with applicable codes and recognized standards. D. Where exposed, countersink nails, screws and bolts and fill flush with suitable wood filler. E. Use fasteners of appropriate type and length. Predrill members when necessary to avoid splitting wood. F. All new lumber to used in the project to be date stamp with month and year of installation. All stamp marks not to be exposed to public view. All wood pieces to be stamped no matter how small. 3.2 MISCELLANEOUS CARPENTRY A. Provide miscellaneous blocking, nailers, grounds, and framing as shown and as required for support of facing materials, fixtures, specialty items, and trim. Cut and shape to the required size. Provide in locations required by other work. B. Use countersunk fasteners appropriate to applied loading. All new fasteners to be countersunk and filled with wood plug (matching grain direction). No new fasteners to be exposed to view. Structural Drawings indicate location and size Leo Carrillo Ranch Barn Stabilization Section 06100 Section 06100 - Page 5 Rough Carpentry of structural fasteners only and do not imply the architectural finish. All details regarding the seismic retrofit are to be hidden from view. C. Install permanent grounds for concrete and masonry where required. 3.3 WOOD FRAMING, GENERAL A. Comply with sizes, spacing, and configurations indicated. Where not specifically indicated, comply with applicable codes and NFPA "Manual for Wood Frame Construction." Splice members only where specifically indicated or approved. B. Space fasteners as indicated. Where not specifically indicated, comply with applicable codes and the "Recommended Nailing Schedule" of NFPA "Manual for Wood Frame Construction" and "National Design Specification for Wood Construction." 3.4 INSTALLATION OF CONSTRUCTION PANELS A. Employ the following fastening method: 1. Nail roof sheathing to framing. Staples not permitted. END OF SECTION 06100 Leo Carrillo Ranch Barn Stabilization Section 06100 SECTION 06201 EXTERIOR FINISH CARPENTRY PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contraband Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Lumber siding. 2. Exterior stairs and railings. B. Related Sections include the following: 1. Divisions Section "Rough Carpentry" for furring, blocking, and other carpentry work not exposed to view and for structural wood decking and framing exposed to view. 1.3 DEFINITIONS A. Lumber grading agencies, and the abbreviations used to reference them, include the following: 1. NLGA: National Lumber Grades Authority. 2. RIS: Redwood Inspection Service. 3. WCLIB: West Coast Lumber Inspection Bureau. 4. WWPA: Western Wood Products Association. 1.4 SUBMITTALS A. Samples for Verification: 1. For each species and cut of lumber and panel products, with 1/2 of exposed surface finished; 50 sq. in. for lumber and 8 by 10 inches for panels. Leo Carrillo Ranch Barn Stabilization Section 06201 Section 06201 - Page 2 Exterior Finish Carpentry 1.5 DELIVERY, STORAGE, AND HANDLING A. Protect materials against weather and contact with damp or wet surfaces. Stack lumber, plywood, and other panels flat with spacers between each bundle to provide air circulation. Provide for air circulation within and around stacks and under temporary coverings. 1.6 PROJECT CONDITIONS A. Weather Limitations: Proceed with installation only when existing and forecasted weather conditions permit work to be performed and at least one coat of specified finish can be applied without exposure to rain, snow, or dampness. 1. For exterior ornamental wood columns, comply with manufacturer's written instructions and warranty requirements. B. Do not install finish carpentry materials that are wet, moisture damaged, or mold damaged. 1. Indications that materials are wet or moisture damaged include, but are not limited to, discoloration, sagging, or irregular shape. 2. Indications that materials are mold damaged include, but are not limited to, fuzzy or splotchy surface contamination and discoloration. PART 2 - PRODUCTS 2.1 MATERIALS, GENERAL A. Lumber: DOC PS 20 and applicable grading rules of inspection agencies certified by ALSC's Board of Review. 1. Factory mark each piece of lumber with grade stamp of inspection agency indicating grade, species, moisture content at time of surfacing, and mill. 2. For exposed lumber or items indicated to receive a whitewash finish, mark grade stamp on end or back of each piece, or omit grade stamp and provide certificates of grade compliance issued by inspection agency. 2.2 LUMBER SIDING A. Provide kiln-dried lumber siding complying with DOC PS 20. B. Species and Grade: Clear VG Douglas-fir. Leo Carrillo Ranch Barn Stabilization Section 06201 Section 06201 - Page 3 Exterior Finish Carpentry 2.3 STAIRS AND RAILINGS A. Stairs: 1. Treads: 1-1/2-inch thick, kiln-dried, pressure-preservative-treated stepping with half-round or rounded edge nosing. a. Species and Grade: Douglas fir, C & Btr VG (Vertical Grain) stepping; NLGA, WCLIB, or WWPA. B. Railings: Clear, kiln-dried, solid; railing stock of pattern and size indicated. C. Balusters: Clear, kiln-dried, solid, Douglas-fir, of pattern and size indicated. D. Newel Posts: Clear, kiln-dried, Douglas fir, of pattern and size indicated. 2.4 MISCELLANEOUS MATERIALS A. Fasteners for Exterior Finish Carpentry: Provide nails or screws, in sufficient length to penetrate not less than 1-1/2 inches (38 mm) into wood substrate. 1. For face-fastening siding, provide ringed-shank siding nails unless hot-dip galvanized nails are used. B. Wood Glue: Waterproof resorcinol glue recommended by manufacturer for exterior carpentry use. C. Flashing: Comply with requirements in Division 7 Section "Sheet Metal Flashing and Trim" for flashing materials installed in exterior finish carpentry. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates, with Installer present, for compliance with requirements for installation tolerances and other conditions affecting performance. B. Examine finish carpentry materials before installation. Reject materials that are wet, moisture damaged, and mold damaged. C. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION Leo Carrillo Ranch Barn Stabilization Section 06201 Section 06201 - Page 4 Exterior Finish Carpentry A. Clean substrates of projections and substances detrimental to application. B. Prime lumber to be painted, including both faces and edges. Cut to required lengths and prime ends. Comply with requirements in Division 9 Section "Exterior Painting." 3.3 INSTALLATION, GENERAL A. Do not use materials that are unsound, warped, improperly treated or finished, inadequately seasoned, or too small to fabricate with proper jointing arrangements. 1. Do not use manufactured units with defective surfaces, sizes, or patterns. B. Install exterior finish carpentry level, plumb, true, and aligned with adjacent materials. Use concealed shims where necessary for alignment. 1. Scribe and cut exterior finish carpentry to fit adjoining work. Refinish and seal cuts as recommended by manufacturer. 2. Install to tolerance of 1/8 inch in 96 inches for level and plumb. Install adjoining exterior finish carpentry with 1/32-inch maximum offset for flush installation and 1/16-inch maximum offset for reveal installation. 3. Install stairs with no more than 3/16-inch variation between adjacent treads and risers and with no more than 3/8-inch variation between largest and smallest treads and risers within each flight. 4. Coordinate exterior finish carpentry with materials and systems in or adjacent to it. Provide cutouts for mechanical and electrical items that penetrate exterior finish carpentry. 3.4 ADJUSTING A. Replace exterior finish carpentry that is damaged or does not comply with requirements. Exterior finish carpentry may be repaired or refinished if work complies with requirements and shows no evidence of repair or refinishing. Adjust joinery for uniform appearance. 3.5 CLEANING A. Clean exterior finish carpentry on exposed and semiexposed surfaces. Touch up factory-applied finishes to restore damaged or soiled areas. 3.6 PROTECTION Leo Carrillo Ranch Barn Stabilization Section 06201 Section 06201 - Page 5 Exterior Finish Carpentry A. Protect installed products from damage from weather and other causes during construction. B. Remove and replace finish carpentry materials that are wet, moisture damaged, and mold damaged. 1. Indications that materials are wet or moisture damaged include, but are not limited to, discoloration, sagging, or irregular shape. 2. Indications that materials are mold damaged include, but are not limited to, fuzzy or splotchy surface contamination and discoloration. END OF SECTION 06201 Leo Carrillo Ranch Barn Stabilization Section 06201 SECTION 07317 WOOD SHINGLES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Wood shingle roofing. 2. Felt underlayment. B. Related Sections include the following: 1. Division 6 Section "Rough Carpentry" for wood roof sheathing. 2. Division 7 Section "Sheet Metal Flashing and Trim" for metal roof- penetration flashings and flashings not part of this Section. 1.3 DEFINITIONS A. Roofing Terminology: Refer to ASTM D 1079 and glossary of NRCA's "The NRCA Roofing and Waterproofing Manual" for definitions of terms related to roofing work in this Section. 1.4 SUBMITTALS A. Product Data: For each type of product indicated. B. Samples for Initial Selection: For each type of wood shingle indicated. 1. Include similar Samples of trim and accessories involving color selection. C. Warranties: Special warranties specified in this Section. 1.5 QUALITY ASSURANCE A. Installer Qualifications: A qualified installer who is an approved affiliate member of CSSB. Leo Carrillo Ranch Barn Stabilization Section 07317 Section 07317 - Page 2 Wood Shingles B. Grading Agency Qualifications: An independent testing and inspecting agency recognized by authorities having jurisdiction as qualified to label wood shingles for compliance with referenced grading rules. C. Source Limitations: Obtain wood shingles through one source from a single manufacturer. D. Fire-Test-Response Characteristics: Provide wood shingles and related roofing materials with the fire-test-response characteristics indicated, as determined by testing identical products per test method indicated below by UL or another testing and inspecting agency acceptable to authorities having jurisdiction. Identify materials with appropriate markings of applicable testing and inspecting agency. 1. Exterior Fire-Test Exposure: Class B; UL 790 or ASTM E 108 with ASTM D 2898, for application and roof slopes indicated. 1 .6 DELIVERY, STORAGE, AND HANDLING A. Store underiayment rolls on end on pallets or other raised surfaces. Do not double-stack rolls. 1 . Handle, store, and place roofing materials in a manner to avoid significant or permanent damage to roof deck or structural supporting members. B. Protect unused underiayment from weather, sunlight, and moisture when left overnight or when roofing work is not in progress. 1 .7 PROJECT CONDITIONS A. Weather Limitations: Proceed with installation only when existing and forecasted weather conditions permit roofing to be performed according to manufacturer's written instructions and warranty requirements. 1.8 WARRANTY A. Special Warranty: CSSB's standard form in which CSSB agrees to repair or replace wood shingles that fail in materials within specified warranty period. Material failures include manufacturing defects that result in leaks. 1. Material Warranty Period: 20 years for shingles from date of Substantial Completion. B. Special Project Warranty: Roofing Installer's warranty, signed by reoofing installer, covering work of this Section, in which roofing installer agrees to repair Leo Carrillo Ranch Barn Stabilization Section 07317 Section 07317 - Page 3 Wood Shingles and Shakes or replace components of wood shingle roofing that fail in materials or workmanship within the following warranty period:. 1. Warranty Period: 10 years from date of Substantial Completion. 1.9 EXTRA MATERIALS A. Furnish extra materials described below that match products installed and that are packaged with protective covering for storage and identified with labels describing contents. 1. Wood Shingles: 100 sq. ft of each type, in unbroken bundles. PART 2 - PRODUCTS 2.1 ROOF SHINGLES A. Cedar Roof Shingles: Smooth-sawn western red cedar shingles. 1. Grading Standards: UBC Standard 15-4. 2. Grade: No. 1 and starter courses of No. 1. 3. Size: 24 inches long; 0.50 inch thick at butt. 2.2 WOOD TREATMENTS A. Fire-Retardant Treatment: Exterior type, pressure-treated units. B. Identification: Attach a label to each bundle of shingles or shakes; identify manufacturer, references to model-code approval, type of product, grade, dimensions, and approved grading agency. 1. Include chemical treatment, method of application, purpose of treatment, and warranties available. 2.3 UNDERLAYMENT MATERIALS A. Roof Felt Underlayment: ASTM D 226 or ASTM D 4869, Type I, asphalt- saturated organic felt. 2.4 ACCESSORIES Leo Carrillo Ranch Barn Stabilization Section 07317 Section 0731 7 -Page 4 Wood Shingles A. Asphalt Roofing Cement: ASTM D 4586, Type II, asbestos free. B. Roofing Nails: ASTM F 1667; stainless-steel or hot-dip galvanized steel wire nails, sharp-pointed, and of sufficient length to penetrate a minimum of 3/4 inch into sheathing. 1 . Use box-type nails for wood shingles. 2. Where nails are in contact with metal flashing, use nails made from same metal as flashing. C. Felt Underlayment Nails: Aluminum, stainless-steel, or hot-dip galvanized steel wire nails with low-profile capped heads or disc caps, 1-inch minimum diameter. 2.5 METAL FLASHING AND TRIM A. Sheet Metal Flashing and Trim: Comply with requirements in Division 7 Section "Sheet Metal Flashing and Trim." 1 . Sheet Metal: Copper. B. Fabricate sheet metal flashing and trim to comply with recommendations in SMACNA's "Architectural Sheet Metal Manual" that apply to design, dimensions, metal, and other characteristics of item. 1 . Apron Flashings: Fabricate with lower flange a minimum of 6 inches over and 4 inches beyond each side of downslope wood roofing and 6 inches up the vertical surface. 2. Step Flashings: Fabricate with a headlap of 3 inches and a minimum extension of 5 inches over the underlying wood roofing and up the vertical surface. 3. Drip Edges: Fabricate in lengths not exceeding 10 feet with 2-inch roof- deck flange and 1-1/2-inch fascia flange with 3/8-inch drip at lower edge. C. Vent-Pipe Flashings: ASTM B 749, Type L51 121, at least 1/16 inch thick. Provide lead sleeve sized to slip over and turn down into pipe, soldered to skirt at slope of roof and extending at least 4 inches from pipe onto roof. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates, areas, and conditions, with Installer present, for compliance with requirements for installation tolerances and other conditions affecting performance of work. Leo Carrillo Ranch Barn Stabilization Section 07317 Section 07317 - Page 5 Wood Shingles and Shakes 1. Examine roof sheathing to verify that sheathing joints are supported by framing and blocking or metal clips and that installation is within flatness tolerances. 2. Verify that substrate is sound, dry, smooth, clean, sloped for drainage, and completely anchored; and that provision has been made for flashings and penetrations through roofing. 3. For the record, prepare written report, endorsed by Installer, listing conditions detrimental to performance of work. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 ROOF UNDERLAYMENT INSTALLATION A. Single-Layer Roof Felt Underlayment: Install single layer of roof felt underlayment on roof deck perpendicular to roof slope in parallel courses. Lap sides a minimum of 2 inches over underlying course. Lap ends a minimum of 4 inches. Stagger end laps between succeeding courses at least 72 inches. Fasten with felt underlayment nails. B. Double-Layer Roof Felt Underlayment: Install double layers of roof felt underlayment on roof deck perpendicular to roof slope in parallel courses. Install a 19-inch- wide starter course at eaves and completely cover with full- width second course. Install succeeding courses lapping previous courses 19 inches in shingle fashion. Lap ends a minimum of 6 inches. Stagger end laps between succeeding courses at least 72 inches . Fasten with felt underlayment nails. 1. Apply a continuous layer of asphalt roofing cement over starter course and on roof felt underlayment surface to be concealed by succeeding courses as each roof felt course is installed. Apply over entire roof. 2. Install roof felt underlayment on roof sheathing not covered by self- adhering sheet underlayment. Lap edges over self-adhering sheet underlayment not less than 3 inches in direction to shed water. 3. Terminate roof felt underlayment extended up not less than 4 inches against sidewalls, curbs, chimneys, and other roof projections. 3.3 METAL FLASHING INSTALLATION A. General: Install metal flashings and other sheet metal to comply with requirements in Division 7 Section "Sheet Metal Flashing and Trim." 1. Install metal flashings according to wood roofing recommendations in NRCA's "The NRCA Roofing and Waterproofing Manual." Leo Carrillo Ranch Barn Stabilization Section 07317 Section 07317 - Page 6 Wood Shingles B. Apron Flashings: Extend lower flange over and beyond each side of downslope wood roofing and up the vertical surface. C. Step Flashings: Install with a headlap of 3 inches and extend over the underlying wood roofing and up the vertical surface. Install with lower edge of flashing just upslope of, and concealed by, butt of overlying shingle or shake. Fasten to roof deck only. D. Open-Valley Flashings: Install centrally in valleys, lapping ends at least 8 inches in direction to shed water. Fasten upper end of each length to roof deck beneath overlap. 1. Secure hemmed flange edges into metal cleats spaced 12 inches apart and fastened to roof deck. 2. Adhere 9-inch- wide strip of self-adhering sheet to metal flanges and to self-adhering sheet underlayment. E. Rake Drip Edges: Install rake drip edge flashings over underlayment and fasten to roof deck. F. Eave Drip Edges: Install eave drip edge flashings below underlayment and fasten to roof deck. G. Pipe Flashings: Form flashing around pipe penetrations and wood roofing. Fasten and seal to wood roofing. 3.4 ROOF SHINGLE INSTALLATION A. Install wood shingle roofing according to manufacturer's written instructions, recommendations in CSSB's "Design and Application Manual for New Roof Construction," and recommendations in NRCA's "The NRCA Roofing and Waterproofing Manual." B. Install double-layer wood shingle starter course along lowest roof edge. Extend starter course 1 inch over fascia and 1 inch over rake edge. 1. Offset joints of double-layer starter course a minimum of 1 -112 inches. C. Install first course of wood shingles directly over starter course and in continuous straight-line courses across roof deck. Install second and succeeding courses of wood shingles in continuous straight-line courses across roof deck. Extend 1 inch over rake edge. 1. Offset joints between shingles in succeeding courses a minimum of 1-1/2 inches. Leo Carrillo Ranch Barn Stabilization Section 07317 Section 07317 - Page 7 Wood Shingles and Shakes 2. Space shingles a minimum of 1/4 inch and a maximum of 3/8 inch apart. Limit alignment of vertical joints in every third course to not exceed 10 percent of joints. 3. Fasten each shingle with 2 nails spaced 3/4 to 1 inch from edge of shingle and 1-1/2 to 2 inches above butt line of subsequent course. Drive fasteners flush with top surface of shingles without crushing wood. 4. Maintain weather exposure of 6-1/2 inches. D. Open Valleys: Cut and fit wood shingles at open valleys, trimming upper concealed corners of shingles. Maintain uniform width of exposed open valley from highest to lowest point. END OF SECTION 07317 Leo Carrillo Ranch Barn Stabilization Section 07317 SECTION 07620 SHEET METAL FLASHING AND TRIM PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section Includes: 1. Formed Products: a. Formed roof drainage sheet metal fabrications. B. Related Sections: 1. Division 6 Section "Rough Carpentry" for wood nailers, curbs, and blocking. 2. Division 7 Section "Wood Shingles and Shakes" for installing sheet metal flashing and trim integral with roofing. 1.3 PERFORMANCE REQUIREMENTS A. General: Sheet metal flashing and trim assemblies as indicated shall withstand wind loads, structural movement, thermally induced movement, and exposure to weather without failure due to defective manufacture, fabrication, installation, or other defects in construction. Completed sheet metal flashing and trim shall not rattle, leak, or loosen, and shall remain watertight. B. Fabricate and install roof edge flashing capable of resisting the following forces according to recommendations in FMG Loss Prevention Data Sheet 1-49: 1. Wind Zone 1: For velocity pressures of 21 to 30 Ibf/sq. ft.: 60-lbf/sq. ft. perimeter uplift force, 90-lbf/sq. ft. corner uplift force, and 30-lbf/sq. ft. outward force. C. Thermal Movements: Provide sheet metal flashing and trim that allows for thermal movements from ambient and surface temperature changes. 1. Temperature Change: 120 deg F, ambient; 180 deg, material surfaces. Leo Carrillo Ranch Barn Stabilization Section 07620 Section 07620 - Page 2 Sheet Metal Flashing and Trim 1.4 SUBMITTALS A. Product Data: For each type of product indicated. Include construction details, material descriptions, dimensions of individual components and profiles, and finishes for each manufactured product and accessory. B. Shop Drawings: Show fabrication and installation layouts of sheet metal flashing and trim, including plans, elevations, expansion-joint locations, and keyed details. Distinguish between shop- and field-assembled work. Include the following: 1 . Identification of material, thickness, weight, and finish for each item and location in Project. 2. Details for forming sheet metal flashing and trim, including profiles, shapes, seams, and dimensions. 3. Details for joining, supporting, and securing sheet metal flashing and trim, including layout of fasteners, cleats, clips, and other attachments. Include pattern of seams. 4. Details of termination points and assemblies, including fixed points. 5. Details of expansion joints and expansion-joint covers, including showing direction of expansion and contraction. 6. Details of edge conditions, including eaves, ridges, valleys, rakes, crickets, and counterflashings as applicable. 7. Details of special conditions. 8. Details of connections to adjoining work. 9. Detail formed flashing and trim at a scale of not less than 1-1/2 inches per 12 inches. 1 .5 QUALITY ASSURANCE A. Fabricator Qualifications: Shop that employs skilled workers who custom fabricate sheet metal flashing and trim similar to that required for this Project and whose products have a record of successful in-service performance. B. Copper Sheet Metal Standard: Comply with CDA's "Copper in Architecture Handbook." Conform to dimensions and profiles shown unless more stringent requirements are indicated. 1 .6 DELIVERY, STORAGE, AND HANDLING A. Do not store sheet metal flashing and trim materials in contact with other materials that might cause staining, denting, or other surface damage. Store sheet metal flashing and trim materials away from uncured concrete and masonry. Leo Carrillo Ranch Barn Stabilization Section 07620 Section 07620 - Page 3 Sheet Metal Flashing and Trim B. Protect strippable protective covering on sheet metal flashing and trim from exposure to sunlight and high humidity, except to the extent necessary for the period of sheet metal flashing and trim installation. PART 2 - PRODUCTS 2.1 SHEET METALS A. General: Protect mechanical and other finishes on exposed surfaces from damage by applying a strippable, temporary protective film before shipping. B. Copper Sheet: ASTM B 370, cold-rolled copper sheet, HOO or H01 temper. 1. Non-Patinated Exposed Finish: Mill. 2.2 MISCELLANEOUS MATERIALS A. General: Provide materials and types of fasteners, solder, welding rods, protective coatings, separators, sealants, and other miscellaneous items as required for complete sheet metal flashing and trim installation and recommended by manufacturer of primary sheet metal or manufactured item unless otherwise indicated. B. Fasteners: Wood screws, annular threaded nails, self-tapping screws, self- locking rivets and bolts, and other suitable fasteners designed to withstand design loads and recommended by manufacturer of primary sheet metal or manufactured item. 1. General: Blind fasteners or self-drilling screws, gasketed, with hex- washer head. a. Exposed Fasteners: Heads matching color of sheet metal using plastic caps or factory-applied coating. b. Blind Fasteners: High-strength aluminum or stainless-steel rivets suitable for metal being fastened. c. Spikes and Ferrules: Same material as gutter; with spike with ferrule matching internal gutter width. 2. Fasteners for Copper Sheet: Copper, hardware bronze or Series 300 stainless steel. C. Solder: 1. For Copper: ASTM B 32, Grade Sn50, 50 percent tin and 50 percent lead. Leo Carrillo Ranch Barn Stabilization Section 07620 Section 07620 - Page 4 Sheet Metal Flashing and Trim D. Sealant Tape: Pressure-sensitive, 100 percent solids, gray polyisobutylene compound sealant tape with release-paper backing. Provide permanently elastic, nonsag, nontoxic, nonstaining tape 1/2 inch (13 mm) wide and 1/8 inch (3 mm) thick. E. Elastomeric Sealant: ASTM C 920, elastomeric polyurethane polymer sealant; low modulus; of type, grade, class, and use classifications required to seal joints in sheet metal flashing and trim and remain watertight. F. Butyl Sealant: ASTM C 1311, single-component, solvent-release butyl rubber sealant; polyisobutylene plasticized; heavy bodied for hooked-type expansion joints with limited movement. G. Epoxy Seam Sealer: Two-part, noncorrosive, aluminum seam-cementing compound, recommended by aluminum manufacturer for exterior nonmoving joints, including riveted joints. H. Bituminous Coating: Cold-applied asphalt emulsion complying with ASTM D1187. I. Asphalt Roofing Cement: ASTM D 4586, asbestos free, of consistency required for application. 2.3 FABRICATION, GENERAL A. General: Custom fabricate sheet metal flashing and trim to comply with recommendations in SMACNA's "Architectural Sheet Metal Manual" that apply to design, dimensions, geometry, metal thickness, and other characteristics of item indicated. Fabricate items at the shop to greatest extent possible. 1. Fabricate sheet metal flashing and trim in thickness or weight needed to comply with performance requirements, but not less than that specified for each application and metal. 2. Obtain field measurements for accurate fit before shop fabrication. 3. Form sheet metal flashing and trim without excessive oil canning, buckling, and tool marks and true to line and levels indicated, with exposed edges folded back to form hems. 4. Conceal fasteners and expansion provisions where possible. Exposed fasteners are not allowed on faces exposed to view. B. Fabrication Tolerances: Fabricate sheet metal flashing and trim that is capable of installation to a tolerance of 1/4 inch in 20 feet on slope and location lines as indicated and within 1/8-inch offset of adjoining faces and of alignment of matching profiles. Leo Carrillo Ranch Barn Stabilization Section 07620 Section 07620 - Page 5 Sheet Metal Flashing and Trim C. Fabrication Tolerances: Fabricate sheet metal flashing and trim that is capable of installation to tolerances specified in MCA's "Guide Specification for Residential Metal Roofing." D. Sealed Joints: Form nonexpansion but movable joints in metal to accommodate elastomeric sealant. E. Expansion Provisions: Where lapped expansion provisions cannot be used, form expansion joints of intermeshing hooked flanges, not less than 1 inch (25 mm) deep, filled with butyl sealant concealed within joints. F. Fabricate cleats and attachment devices from same material as accessory being anchored or from compatible, noncorrosive metal. G. Fabricate cleats and attachment devices of sizes as recommended by SMACNA's "Architectural Sheet Metal Manual" for application, but not less than thickness of metal being secured. H. Seams: Fabricate nonmoving seams with flat-lock seams. Form seams and seal with elastomeric sealant unless otherwise recommended by sealant manufacturer for intended use. I. Do not use graphite pencils to mark metal surfaces. 2.4 ROOF DRAINAGE SHEET METAL FABRICATIONS A. Hanging Gutters: Fabricate to cross section indicated, complete with end pieces, outlet tubes, and other accessories as required. Fabricate in minimum 96-inch- long sections. Furnish flat-stock gutter spacers and gutter brackets fabricated from same metal as gutters, of size recommended by SMACNA but not less than twice the gutter thickness. Fabricate expansion joints, expansion- joint covers, gutter bead reinforcing bars, and gutter accessories from same metal as gutters. 1. Gutter Style: SMACNA designation A. 2. Expansion Joints: Lap type. 3. Accessories: Wire ball downspout strainer. 4. Gutters with Girth up to 15 Inches: Fabricate from the following materials: a. Copper: 16 oz./sq. ft.. B. Downspouts: Fabricate rectangular downspouts complete with mitered elbows. Furnish with metal hangers, from same material as downspouts, and anchors. 1. Downspout Style: SMACNA figure designation B. 2. Fabricate from the following materials: Leo Carrillo Ranch Barn Stabilization Section 07620 Section 07620 - Page 6 Sheet Metal Flashing and Trim a. Copper: 16 oz./sq. ft. with bottom 4 feet to be 24oz./sq. ft.. 3. Fabricated Hanger Style: SMACNA figure designation 1-35G. PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates, areas, and conditions, with Installer present, to verify actual locations, dimensions and other conditions affecting performance of the Work. 1. Verify compliance with requirements for installation tolerances of substrates. 2. Verify that substrate is sound, dry, smooth, clean, sloped for drainage, and securely anchored. B. For the record, prepare written report, endorsed by Installer, listing conditions detrimental to performance of the Work. C. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 INSTALLATION, GENERAL A. General: Anchor sheet metal flashing and trim and other components of the Work securely in place, with provisions for thermal and structural movement. Use fasteners, solder, welding rods, protective coatings, separators, sealants, and other miscellaneous items as required to complete sheet metal flashing and trim system. 1. Install sheet metal flashing and trim true to line and levels indicated. Provide uniform, neat seams with minimum exposure of solder, welds, and sealant. 2. Install sheet metal flashing and trim to fit substrates and to result in watertight performance. Verify shapes and dimensions of surfaces to be covered before fabricating sheet metal. 3. Space cleats not more than 12 inches apart. Anchor each cleat with two fasteners. Bend tabs over fasteners. 4. Install exposed sheet metal flashing and trim without excessive oil canning, buckling, and tool marks. 5. Install sealant tape where indicated. 6. Torch cutting of sheet metal flashing and trim is not permitted. 7. Do not use graphite pencils to mark metal surfaces. Leo Carrillo Ranch Barn Stabilization Section 07620 Section 07620 - Page 7 Sheet Metal Flashing and Trim B. Metal Protection: Where dissimilar metals will contact each other or corrosive substrates, protect against galvanic action by painting contact surfaces with bituminous coating or by other permanent separation as recommended by SMACNA. C. Expansion Provisions: Provide for thermal expansion of exposed flashing and trim. Space movement joints at a maximum of 10 feet with no joints allowed within 24 inches of corner or intersection. Where lapped expansion provisions cannot be used or would not be sufficiently watertight, form expansion joints of intermeshing hooked flanges, not less than 1 inch deep, filled with sealant concealed within joints. D. Fastener Sizes: Use fasteners of sizes that will penetrate wood sheathing not less than 1-1/4 inches for nails and not less than 3/4 inch for wood screws. E. Seal joints as shown and as required for watertight construction. 1. Where sealant-filled joints are used, embed hooked flanges of joint members not less than 1 inch into sealant. Form joints to completely conceal sealant. When ambient temperature at time of installation is moderate, between 40 and 70 deg F, set joint members for 50 percent movement each way. Adjust setting proportionately for installation at higher ambient temperatures. Do not install sealant-type joints at temperatures below 40 deg F. 2. Prepare joints and apply sealants to comply with requirements in Division 7 Section "Joint Sealants." F. Soldered Joints: Clean surfaces to be soldered, removing oils and foreign matter. Pre-tin edges of sheets to be soldered to a width of 1-1/2 inches, except reduce pre-tinning where pre-tinned surface would show in completed Work. 1. Do not use torches for soldering. Heat surfaces to receive solder and flow solder into joint. Fill joint completely. Completely remove flux and spatter from exposed surfaces. 2. Copper Soldering: Tin edges of uncoated copper sheets using solder for copper. 3.3 ROOF DRAINAGE SYSTEM INSTALLATION A. General: Install sheet metal roof drainage items to produce complete roof drainage system according to SMACNA recommendations and as indicated. Coordinate installation of roof perimeter flashing with installation of roof drainage system. B. Hanging Gutters: Join sections with riveted and soldered joints or with lapped joints sealed with sealant. Provide for thermal expansion. Attach gutters at Leo Carrillo Ranch Barn Stabilization Section 07620 Section 07620 - Page 8 Sheet Metal Flashing and Trim eave or fascia to firmly anchored gutter brackets spaced not more than 36 inches apart. Provide end closures and seal watertight with sealant. Slope to downspouts. 1. Fasten gutter spacers to front and back of gutter. 2. Loosely lock straps to front gutter bead and anchor to roof deck. 3. Anchor and loosely lock back edge of gutter to continuous eave or apron flashing. 4. Install gutter with expansion joints at locations indicated, but not exceeding, 50 feet apart. Install expansion-joint caps. 5. Install continuous gutter screens on gutters with noncorrosive fasteners, removable for cleaning gutters. C. Downspouts: Join sections with 1-1/2-inch telescoping joints. 1. Provide hangers with fasteners designed to hold downspouts securely to walls. Locate hangers at top and bottom and at approximately 60 inches o.c. in between. 2. Provide elbows at base of downspout to direct water away from building. 3. Connect downspouts to underground drainage system indicated. 3.4 ERECTION TOLERANCES A. Installation Tolerances: Shim and align sheet metal flashing and trim within .installed tolerance of 1/4 inch in 20 feet on slope and location lines as indicated and within 1/8-inch offset of adjoining faces and of alignment of matching profiles. B. Installation Tolerances: Shim and align sheet metal flashing and trim within installed tolerances specified in MCA's "Guide Specification for Residential Metal Roofing." 3.5 CLEANING AND PROTECTION A. Clean exposed metal surfaces of substances that interfere with uniform oxidation and weathering. B. Clean and neutralize flux materials. Clean off excess solder. C. Clean off excess sealants. D. Remove temporary protective coverings and strippable films as sheet metal flashing and trim are installed unless otherwise indicated in manufacturers written installation instructions. On completion of installation, remove unused materials and clean finished surfaces. Maintain in a clean condition during construction. Leo Carrillo Ranch Barn Stabilization Section 07620 Section 07620 - Page 9 Sheet Metal Flashing and Trim E. Replace sheet metal flashing and trim that have been damaged or that have deteriorated beyond successful repair by finish touchup or similar minor repair procedures. END OF SECTION 07620 Leo Carrillo Ranch Barn Stabilization Section 07620 SECTION 08710 DOOR HARDWARE PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Commercial door hardware for the following: a. Swinging doors. b. Sliding doors. c. Other doors to the extent indicated. 1.3 SUBMITTALS A. Samples for Verification: Submit minimum 2-by-4-inch plate Samples of each type of finish required, except primed finish. B. Samples for Verification: For exposed door hardware of each type, in specified finish, full size. Tag with full description for coordination with the door hardware sets. Submit Samples before, or concurrent with, submission of the final door hardware sets. 1. Samples will be returned to Contractor. Units that are acceptable and remain undamaged through submittal, review, and field comparison process may, after final check of operation, be incorporated into the Work, within limitations of keying requirements. C. Warranty: Special warranty specified in this Section. 1.4 QUALITY ASSURANCE A. Installer Qualifications: An employer of workers trained and approved by lock manufacturer. 1. Installer's responsibilities include supplying and installing door hardware and providing a qualified Architectural Hardware Consultant available Leo Carrillo Ranch Barn Stabilization Section 08710 Section 08710 - Page 2 Door Hardware during the course of the Work to consult with Contractor, Architect, and Owner about door hardware and keying. 2. Installer shall have warehousing facilities in Project's vicinity. 3. Scheduling Responsibility: Preparation of door hardware and keying schedules. B. Architectural Hardware Consultant Qualifications: A person who is currently certified by DHI as an Architectural Hardware Consultant and who is experienced in providing consulting services for door hardware installations that are comparable in material, design, and extent to that indicated for this Project. C. Source Limitations: Obtain each type and variety of door hardware from a single manufacturer, unless otherwise indicated. 1.5 DELIVERY, STORAGE, AND HANDLING A. Inventory door hardware on receipt and provide secure lock-up for door hardware delivered to Project site. B. Tag each item or package separately with identification related to the final door hardware sets, and include basic installation instructions, templates, and necessary fasteners with each item or package. 1.6 COORDINATION A. Templates: Distribute door hardware templates for doors, frames, and other work specified to be factory prepared for installing door hardware. Check Shop Drawings of other work to confirm that adequate provisions are made for locating and installing door hardware to comply with indicated requirements. B. Existing Openings: Where new hardware components are scheduled for application to existing construction or where modifications to existing door hardware are required, field verify existing conditions and coordinate installation of door hardware to suit opening conditions and to provide for proper operation. 1.7 WARRANTY A. Special Warranty: Manufacturer's standard form in which manufacturer agrees to repair or replace components of door hardware that fail in materials or workmanship within specified warranty period. 1. Failures include, but are not limited to, the following: a. Structural failures including excessive deflection, cracking, or breakage. Leo Carrillo Ranch Barn Stabilization Section 08710 Section 08710 - Page 3 Door Hardware b. Faulty operation of operators and door hardware. c. Deterioration of metals, metal finishes, and other materials beyond normal weathering and use. PART 2 - PRODUCTS 2.1 SCHEDULED DOOR HARDWARE A. General: Provide door hardware for each door to comply with requirements in this Section and door hardware sets indicated in Part 3 "Door Hardware Sets" Article. B. Designations: Requirements for design, grade, function, finish, size, and other distinctive qualities of each type of door hardware are indicated in Part 3 "Door Hardware Sets" Article. Products are identified by using door hardware designations, as follows: 1. Named Manufacturers' Products: Manufacturer and product designation are listed for each door hardware type required for the purpose of establishing minimum requirements. Manufacturers' names are abbreviated in Part 3 "Door Hardware Sets" Article. C. In other Part 2 articles where titles below introduce lists, the following requirements apply to product selection: 1. Manufacturers: Subject to compliance with requirements, provide products by the manufacturers specified. 2.2 HINGES, GENERAL A. Quantity: Provide the following, unless otherwise indicated: 1. Two Hinges: Per door to match existing condition. B. Template Requirements: Except for hinges and pivots to be installed entirely (both leaves) into wood doors and frames, provide only template-produced units. C. Hinge Weight: Unless otherwise indicated, provide the following: 1. Entrance Doors: Heavy-weight hinges. D. Hinge Options: Where indicated in door hardware sets or on Drawings: 1. Heavy Duty T- Hinge. Leo Carrillo Ranch Barn Stabilization Section 08710 Section 08710 - Page 4 Door Hardware E. Fasteners: Comply with the following: 1. Machine Screws: For metal doors and frames. Install into drilled and tapped holes. 2. Wood Screws: For wood doors and frames. 3. Screws: Phillips flat-head; wood screws for wood doors and frames. Finish screw heads to match surface of hinges. 2.3 HINGES A. Butts and Hinges: BHMAA156.1. Listed under Category A in BHMA's "Certified Product Directory." B. Template Hinge Dimensions: BHMAA156.7. C. Manufacturers: 1. Stanley Commercial Hardware; Div. of The Stanley Works (STH). 2.4 DOOR BOLTS A. Hanger/Truck Assemblies: 1. Manufacturer: a. Richards-Wilcox, Inc. (RWI) B. Bolt Throw: Comply with testing requirements for length of bolts required for labeled fire doors, and as follows: 1. Half-Round Surface Bolts: Minimum 7/8-inch (22-mm) throw. 2. Interlocking Surface Bolts: Minimum 15/16-inch (24-mm) throw. 3. Dutch-Door Bolts: Minimum 3/4-inch (19-mm) throw. C. Surface Bolts: BHMA A156.16, Grade 1. 1. Flush Bolt Heads: Minimum of 1/2-inch- (13-mm-) diameter rods of brass, bronze, or stainless steel with minimum 12-inch- (305-mm-) long rod for doors up to 84 inches (2134 mm) in height. Provide longer rods as necessary for doors exceeding 84 inches (2134 mm). 2. Manufacturers: a. Richards-Wilcox, Inc. (RWI)Hager Companies (HAG). 2.5 MISCELLANEOUS DOOR HARDWARE A. Hasp: 1. Manufacturers: Leo Carrillo Ranch Barn Stabilization Section 08710 Section 08710 - Page 5 Door Hardware a. Richards-Wilcox, Inc. (RWI)Hager Companies (HAG). 2.6 FABRICATION A. Manufacturer's Nameplate: Do not provide products that have manufacturer's name or trade name displayed in a visible location except in conjunction with required fire-rated labels and as otherwise approved by Architect. B. Base Metals: Produce door hardware units of base metal, fabricated by forming method indicated, using manufacturer's standard metal alloy, composition, temper, and hardness. Furnish metals of a quality equal to or greater than that of specified door hardware units and BHMAA156.18. Do not furnish manufacturer's standard materials or forming methods if different from specified standard. C. Fasteners: Provide door hardware manufactured to comply with published templates generally prepared for machine, wood, and sheet metal screws. Provide screws according to commercially recognized industry standards for application intended, except aluminum fasteners are not permitted. Provide Phillips flat-head screws with finished heads to match surface of door hardware, unless otherwise indicated. 1. Concealed Fasteners: For door hardware units that are exposed when door is closed, except for units already specified with concealed fasteners. Do not use through bolts for installation where bolt head or nut on opposite face is exposed unless it is the only means of securely attaching the door hardware. Where through bolts are used on hollow door and frame construction, provide sleeves for each through bolt. 2. Spacers or Sex Bolts: For through bolting of hollow-metal doors. 3. Fasteners for Wood Doors: Comply with requirements in DHI WDHS.2, "Recommended Fasteners for Wood Doors." 2.7 FINISHES A. Standard: BHMA A156.18, as indicated in door hardware sets. B. Protect mechanical finishes on exposed surfaces from damage by applying a strippable, temporary protective covering before shipping. C. Appearance of Finished Work: Variations in appearance of abutting or adjacent pieces are acceptable if they are within one-half of the range of approved Samples. Noticeable variations in the same piece are not acceptable. Variations in appearance of other components are acceptable if they are within the range of approved Samples and are assembled or installed to minimize contrast. Leo Carrillo Ranch Barn Stabilization Section 08710 Section 08710 - Page 6 Door Hardware PART 3 - EXECUTION 3.1 EXAMINATION A. Examine doors and frames, with Installer present, for compliance with requirements for installation tolerances, labeled fire door assembly construction, wall and floor construction, and other conditions affecting performance. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 PREPARATION A. Wood Doors: Comply with DHI A1 15-W Series. 3.3 INSTALLATION A. Mounting Heights: Mount door hardware units at heights indicated as follows unless otherwise indicated or required to comply with governing regulations. 1 . Wood Doors: DHI WDHS.3, "Recommended Locations for Architectural Hardware for Wood Flush Doors." B. Install each door hardware item to comply with manufacturer's written instructions. Where cutting and fitting are required to install door hardware onto or into surfaces that are later to be painted or finished in another way, coordinate removal, storage, and reinstallation of surface protective trim units with finishing work specified in Division 9 Sections. Do not install surface- mounted items until finishes have been completed on substrates involved. 1 . Set units level, plumb, and true to line and location. Adjust and reinforce attachment substrates as necessary for proper installation and operation. 2. Drill and countersink units that are not factory prepared for anchorage fasteners. Space fasteners and anchors according to industry standards. 3.4 FIELD QUALITY CONTROL A. Independent Architectural Hardware Consultant: Owner will engage a qualified independent Architectural Hardware Consultant to perform inspections and to prepare inspection reports. 1 . Independent Architectural Hardware Consultant will inspect door hardware and state in each report whether installed work complies with or deviates from requirements, including whether door hardware is properly installed and adjusted. Leo Carrillo Ranch Barn Stabilization Section 08710 Section 08710 - Page 7 Door Hardware 3.5 ADJUSTING A. Initial Adjustment: Adjust and check each operating item of door hardware and each door to ensure proper operation or function of every unit. Replace units that cannot be adjusted to operate as intended. Adjust door control devices to compensate for final operation of heating and ventilating equipment and to comply with referenced accessibility requirements. 3.6 CLEANING AND PROTECTION A. Clean adjacent surfaces soiled by door hardware installation. B. Clean operating items as necessary to restore proper function and finish. C. Provide final protection and maintain conditions that ensure that door hardware is without damage or deterioration at time of Substantial Completion. 3.7 DEMONSTRATION A. Engage a factory-authorized service representative to train Owner's maintenance personnel to adjust, operate, and maintain door hardware and door hardware finishes. Refer to Division 1 Section "Demonstration and Training." 3.8 DOOR HARDWARE SETS Manufacturers and their abbreviations used in this schedule: RWI Richards-Wilcox, Inc. STH Stanley Commercial Hardware; Div. of The Stanley Works. Door Hardware Set No. 001 Door No. 100A; each to have the following: No. 3Ea Item Hanging Devices Description 3 Sections of Side wall mounted tracks and hanger/truck assembly. Number 376 Track and 3300 Hanger/Truck Assembly. Manufacturer RWI Finish Black Leo Carrillo Ranch Barn Stabilization Section 08710 Section 08710 - Page 8 Door Hardware 1 1 1 set 1 set Accessories for Track Securing Devices Door Pull Stops and Holders Accessories Miscellaneous Items Heavy Duty Cremone Bolt 0081 .00002 Bow Handle RWI RWI RWI RWI RWI RWI Black Black Black Black Black Black Door Hardware Set No. 002 Door No. 100B; each to have the following: No.* 2 sets 2 sets 2 sets 2 set * Item Hanging Devices Door Latch Door Pull Stops and Holders Accessories Miscellaneous Items Number of hinges, as specified. Description Heavy Duty T- Hinge. Heavy Duty Door Latch 0081 .00002 Bow Handle Manufacturer STH RWI RWI RWI RWI RWI Finish Black Black Black Black Black Black Door Hardware Set No. 003 Door No. 101 A; each to have the following: No. 3Ea Item Hanging Devices Description 3 Sections of Side wall mounted tracks and hanger/truck assembly. Number 376 Track and 3300 Manufacturer RWI Finish Black Leo Carrillo Ranch Barn Stabilization Section 08710 Section 08710 - Page 9 Door Hardware 1 1 1 set 1 set Accessories for Track Securing Devices Door Pull Stops and Holders Accessories Miscellaneous Items Hanger/Truck Assembly. Heavy Duty Cremone Bolt 0081 .00002 Bow Handle RWI RWI RWI RWI RWI RWI Black Black Black Black Black Black Door Hardware Set No. 004 Door No. 200A; each to have the following: No.* 1 1 1 set 1 set * Item Hanging Devices Door Latch Door Pull Stops and Holders Accessories Miscellaneous Items Number of hinges, as specified. Description Heavy Duty T- Hinge. Heavy Duty Door Latch 0081 .00002 Bow Handle Manufacturer STH RWI RWI RWI RWI RWI Finish Black Black Black Black Black Black END OF SECTION 08710 Leo Carrillo Ranch Barn Stabilization Section 08710 SECTION 09900 EXTERIOR PAINTING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes surface preparation and the application of paint systems on the following exterior substrates: 1. Wood. 1.3 QUALITY ASSURANCE A. MPI Standards: 1. Products: Complying with MPI standards indicated and listed in "MPI Approved Products List." 2. Preparation and Workmanship: Comply with requirements in "MPI Architectural Painting Specification Manual" for products and paint systems indicated. 1.4 DELIVERY, STORAGE, AND HANDLING A. Store materials not in use in tightly covered containers in well-ventilated areas with ambient temperatures continuously maintained at not less than 45 deg F. 1. Maintain containers in clean condition, free of foreign materials and residue. 2. Remove rags and waste from storage areas daily. 1.5 PROJECT CONDITIONS A. Apply paints only when temperature of surfaces to be painted and ambient air temperatures are between 50 and 95 deg F. Leo Carrillo Ranch Barn Stabilization Section 09900 Section 09900 - Page 2 Painting B. Do not apply paints in snow, rain, fog, or mist; when relative humidity exceeds 85 percent; at temperatures less than 5 deg F above the dew point; or to damp or wet surfaces. PART 2 - PRODUCTS 2.1 MANUFACTURERS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1 . Benjamin Moore & Co. 2. Dunn-Edwards Corporation. 3. Sherwin-Williams Company (The). 2.2 PAINT, GENERAL A. Material Compatibility: 1. Provide materials for use within each paint system that are compatible with one another and substrates indicated, under conditions of service and application as demonstrated by manufacturer, based on testing and field experience. B. Colors: Whitewash as selected by Architect from manufacturer's full range. 2.3 PRIMERS/SEALERS A. Wood-Knot Sealer: Sealer recommended in writing by topcoat manufacturer for use in paint system indicated. 2.4 WOOD PRIMERS A. Exterior Latex Wood Primer: MPI #6. 2.5 LATEX PAINTS A. Exterior Latex (Flat): MPI #10 (Gloss Level 1). Leo Carrillo Ranch Barn Stabilization Section 09900 Section 09900 - Page 3 Painting PART 3 - EXECUTION 3.1 EXAMINATION A. Examine substrates and conditions, with Applicator present, for compliance with requirements for maximum moisture content and other conditions affecting performance of work. B. Maximum Moisture Content of Substrates: When measured with an electronic moisture meter as follows: 1. Wood: 15 percent. C. Verify suitability of substrates, including surface conditions and compatibility with existing finishes and primers. D. Begin coating application only after unsatisfactory conditions have been corrected and surfaces are dry. 1. Beginning coating application constitutes Contractor's acceptance of substrates and conditions. 3.2 PREPARATION A. Comply with manufacturer's written instructions and recommendations in "MPI Architectural Painting Specification Manual" applicable to substrates and paint systems indicated. B. Remove plates, machined surfaces, and similar items already in place that are not to be painted. If removal is impractical or impossible because of size or weight of item, provide surface-applied protection before surface preparation and painting. 1. After completing painting operations, use workers skilled in the trades involved to reinstall items that were removed. Remove surface-applied protection if any. 2. Do not paint over labels of independent testing agencies or equipment name, identification, performance rating, or nomenclature plates. C. Clean substrates of substances that could impair bond of paints, including dirt, oil, grease, and incompatible paints and encapsulants. 1. Remove incompatible primers and reprime substrate with compatible primers as required to produce paint systems indicated. Section 09900 - Page 4 Painting D. Wood Substrates: 1. Scrape and clean knots, and apply coat of knot sealer before applying primer. 2. Sand surfaces that will be exposed to view, and dust off. 3. Prime edges, ends, faces, undersides, and backsides of wood. 4. After priming, fill holes and imperfections in the finish surfaces with putty or plastic wood filler. Sand smooth when dried. 3.3 APPLICATION A. Apply paints according to manufacturer's written instructions. 1 . Use applicators and techniques suited for paint and substrate indicated. 2. Paint surfaces behind movable items same as similar exposed surfaces. Before final installation, paint surfaces behind permanently fixed items with prime coat only. B. Tint each undercoat a lighter shade to facilitate identification of each coat if multiple coats of same material are to be applied. Tint undercoats to match color of topcoat, but provide sufficient difference in shade of undercoats to distinguish each separate coat. C. If undercoats or other conditions show through topcoat, apply additional coats until cured film has a uniform paint finish, color, and appearance. D. Apply paints to produce surface films without cloudiness, spotting, holidays, laps, brush marks, roller tracking, runs, sags, ropiness, or other surface imperfections. Cut in sharp lines and color breaks. 3.4 FIELD QUALITY CONTROL A. Testing of Paint Materials: Owner reserves the right to invoke the following procedure at any time and as often as Owner deems necessary during the period when paints are being applied: 1. Owner will engage the services of a qualified testing agency to sample paint materials being used. Samples of material delivered to Project site will be taken, identified, sealed, and certified in presence of Contractor. 2. Testing agency will perform tests for compliance of paint materials with product requirements. 3. Owner may direct Contractor to stop applying paints if test results show materials being used do not comply with product requirements. Contractor shall remove noncomplying-paint materials from Project site, pay for testing, and repaint surfaces painted with rejected materials. Leo Carrillo Ranch Barn Stabilization Section 09900 Section 09900 - Page 5 Painting 4. Contractor will be required to remove rejected materials from previously painted surfaces if, on repainting with complying materials, the two paints are incompatible. 3.5 CLEANING AND PROTECTION A. At end of each workday, remove rubbish, empty cans, rags, and other discarded materials from Project site. B. After completing paint application, clean spattered surfaces. Remove spattered paints by washing, scraping, or other methods. Do not scratch or damage adjacent finished surfaces. C. Protect work of other trades against damage from paint application. Correct damage to work of other trades by cleaning, repairing, replacing, and refinishing, as approved by Architect, and leave in an undamaged condition. D. At completion of construction activities of other trades, touch up and restore damaged or defaced painted surfaces. 3.6 PAINTING SCHEDULE A. Dressed Lumber Substrates: 1. Latex System: MPI EXT 6.3L. a. Prime Coat: Exterior latex wood primer. b. Intermediate Coat: Exterior latex matching topcoat. c. Topcoat: Exterior latex flat. B. Dimension Lumber Substrates, Non traffic Surfaces: 1. Latex System: MPI EXT 6.2M. a. Prime Coat: Exterior latex wood primer. b. Intermediate Coat: Exterior latex matching topcoat. c. Topcoat: Exterior latex flat. END OF SECTION 09900 APPENDIX A Preservation Briefs by the U.S. Department of the Interior, National Parks Service Preservation Brief 20: The Preservation of Historic Barns c of US, Department of the Interior National Park Service Preservation Assistance Division COPY C From the when Thomas Jefferson the ns»w republic as a nation dependent on citizen-farmers for its its the lias been a vital image in the American con&ciousttcsH. As the main structures of g of tradition security, of to the community with the who built: them. Evert to- day the rural raising a forceful of community spirit. Just as many bams before they built their so too families took to their old as with their past Old barns, furthermore, are community land- marks and fee present. Such em- body ethnic they reflect changing farming In technology. In the a whole way of life (Fig. 1). Unfortunately, are by many factois. On farmland cities, are often only in decay,- as land Is removed agricul- tural use. In somfe regions, are dismantled for lumber, their beams sold for reuse in living rooms, have -way to taxings. Portlier to historic barns other structures are by changes in farm technology, involving snuch larger machines and production facilities, and changes in the overall farm economy, including increasing t'arm and declining rural populations,' Yet historic bams can be for continued use in. agriculture, at savings over the cost of new buildings. This Brief encourages the preservation of bants and other structures by en- couraging their maintenance and use us agricultural buildings, and by advancing their sensitive rehabilita- tion for new uses when their historic is no longer feasibls- Fsf. !. AKh roof, lutivt lunation? asffe too fret f.ijd: a! ^Jtees, fr&fs, oncf j&mily pwir ?«ffe liuiidp" are all a i, dormers, sites, weftcy ismfiiatara, asssfemsmes, vmdmSl, if chamdsT tf this losm bum, Pktits: }tfm HfeJter, S»:«»ssfyi Fanning. /' Barns The built in this country were those- of the Dutch settlers of the Hudson; Mohawk, Seho- hark valleys in New York State and scattered sections of Mew Jersey,* On the exterior, the notable fea- ture 0f the Dutch bam is the broad roof, which m early examples {now extremely rare), extended very low to the ground. On the narrow- she Dutch bant features center doors for wagons and a door to the stock aisles OR one or both of the side ends. A pent roof (or penltce) over the center doors gave some slight protection from the elements, The siding Is typically horizontal, the simple. few openings other and holes for puncture the extern®! walls.3' The appearance is of massiverusss simplicity, wife the that Dutch barns seem than they actually are, To many observers the heavy interior structural system is the most distinctive of the Dutch bam. Mor- tised, tenoned and are arranged in "H"-shaped units church Interiors, with columned aisles alongside a space (here used for threshing). This interior arrangement more than any olher characteristic, the Dutch with its Old Wbrid forebears. The of cross beams project- ing through the columns are; often rounded to form "tongues.," a distinctive found only in the Dutch Relatively lew Dutch barns survive Most of the 18th century. Fewer yet survive in gewd condition, almost none unaltered, ^fet the remain- Ing of this barn type still Impress with the functional simplicity of their design and the evident "ie in their work. aif >;.",".j ;yKditism. Cabk roof, cevie? afn-yvi dorrs u.:&i pent *wc .•cfc*± :,*:«-.- s.* fte- i.yrssi.;r end Kcrijffntai duKVarjin^ KV &l*. r:02i;i ffuin-'fs :•? ifcf Huten 5vm. 7%R¥ ^wlrs /esr »iart»is, tratlfcefisi f'aJ^rrs rfi'ttitck 6sms, can fc> SRVI laz"- .Mr few nf tin- 'ncuc-.* *f. hs:'-v h-i'K plugiifd and esrv lighter tfan 'J;-.- wrrssMdmsi ciapsostrdi}. Photo: darks Bleir. o S&ms The bank barn its a but devw comtractiors techn^ue: the bam is b«at into the of a hfll, thus pgmiittlag two to be entered from the ground. Hie lower level hoissed animals, the upper roadbed in this pfeotogn^ shim's the "bunk" from mhith tofe Isms get their nsme. Massive ttwfere slistefewf across the fit!! width of the bam create the ffiyrlmng that these faims. In bams with frrofe mil sails, patterns sattietims created by ieevstsg spaces betuveti bricks. The devits ventilation us well as decoration. Phofa; jack E. Boucher. HABS, served as threshing floor arid , I"he hill- entrance easy access to bearing wheat or hay. (Bidder could also be dropped through in the floor to the stabling floor below.) The? form of the bank bam the whether it was built Into a hillside or not. Where a hill lacking, a "bunk" was often created by building up an earthen ramp to the second level. were ordinarily constructed wife their long side, or axis, parallel to the hill, and on the south of It. This placement gave animals a ssinay spot in whkh to gather during the winter, To take farther ad- vantage of the protection its location afforded, the sec- ond floor wag extended, or cantiieveied, over the first Th@ overhang sheltered animals from inclement weather. The extended forebay thus created is one of the most characteristk features of these bams. In some bank bams, the projecting beams were not large enough to bear the entire weight of the bam above, In these cases, columns or posts were added beneath 'the overhang for structural support In the earliest examples of bank barns narrow-end side walls are frequently stone or brick, with openings for ventilation. (Since "curing" green hay cart'generate enough heat to start a fire thmygh spontaneous com- bustion, adecpate ventilation in Barns is vital.) COPY Crib form another barn type significant in Ameri- cas agriculture. Fbund throughout the South and Southeast, crib are especially numerous in the Appalachian Gzark Mountain States 0! North Car- olina, Virginia,.- Kentucky, lennessee and Arkansas, simply of one, two, four or sometimes six cribs that served as storage2 fo? fodder or pens for cattle or pigs, crib barns rasy or may not have a hayloft above. Crib barns were typically built si ttnchinked logs, although they were sometimes covered with verti- cal wood ssdsn. Unaltered examles of early crifc barns normally have roofs of undressed wood shin I , t. The rustle usually replaced with tm or arance of crib barns is one of ing iestutes. The cribs sometimes face a revered gallery or aisle run- ning across the front In another arrangement, the cribs are separated by a centra! driveway running t" This latter arrangement defines • crte 'i* i --r C Round Bams George Washington owned a round barn. And in 1826 the Shaker community at Hancock, Massachusetts, built a round barn thai attracted considerable publicity.' Despite early examples, however, round barns were not built in numbers antS! the 1880s, when agri- cultural colleges and experiment stations taught progressive fanning methods based on models of in- dusirial efficiency. Proffi this time until well into the 19208, round barns on farms throughout- the country, flourishing especially in the Midwest* Round barns were for a rmraber of reasons,; circular form has a greater voluaw-to-surface ratio . the rectangular or square form. For any given size, a circular building will use fewer materials than other shapes, thus saving on material costs. Such bams also offer greater structural stability than rectan- gular barns. And because they can be built with self- supporting roofe, their interiors can remain free of structural supporting elements, thereby providing vast storage capabilities. The circular interior layout was also seen as more efficient, since the farmer could work in a continuous direction. In general multi-sided barns—frequently of 1.2 or 16 sides—are earlier than "true round" barns. Earlier ex- amples aisc? tend to be wood sided, while later ones tend to be brick or glazed tile. Interior layouts also un- derwent an evolution. Early round barns placed cattle stanchions on the first floor, with the full volume of the floor above used for hay storage. In later bams, the central space rose from the ground floor through the entire building. Cattle stanchions arranged around a circular manger occupied the lower level; the circular Irive oi>, the level above permitted hay to be unloaded into the central mow as the wagon drove around the perimeter. In the last stage of round barn development, a center silo was added when silos be- came regular features on the farm (in the last decades of the nineteenth century). In some cases, the silo pro- jected through the roof. The claims for the efficiency of the round bam were; overstated, and it never became the standard bam, as its proponents had hoped. Nevertheless, a great num- ber were built:, and many remain today the most dis- tinctive farm structures in the communities in which Circular teams are jsuKd Ihmtgkottl the country, but art egj i» Ike Midwest. This I9IJ /ffimxs imtad bun: ?'«•• 6G JH diameter The cupds the hippxi rotf h 60 jeti shwv ground Ih 10 single and S double stalls on the ground flasr a«??e fed from a Soft. The sjMSR' MBrfEWs spaced at regular interwfa around Ihf perimeter add a Rote ofsimfil? Mntm&i to the overall circular molif f>: Keith A, Sculk, Klines Historic Prvsenvtiw As COPY Pmirie Earns A peak roof projecting a hayloft opening is one of the most familiar associated with bams. The belongs to the barn, known as the Western tern, The taiger herds associated with agricul- ture in the Vfest and Southwest required great storage space fsr hay feed. Accordingly, barns art? on much laiger than the other barns discussed in this brief.* Icmg, sweeping roofs, sometimes coming near the ground, mark the prairie bam; the extended roof created great space, (Late in the nineteenth century, the adoption of the gambrel roof enlarged the storage capacity of the hsvmow even more.) Affinities of this type with the Dutch bam are striking; the long, low roof lines, the door in the gable end, and the internal arrangement of stalls in aisles on either side of the- central space are all in the tradition of the Dutch bam. o Tfcf long. rvefis a bam. The projecting the i; ssr?f built t&out BIS. Phota: ft is mother. This foac Humstonf. The bam types here are only of the bants that have figured in the history of American agri- culture. As with Dutch 'barns, some reflect the tradi- tions of the people who built them: Finnish log barns in Idaho, Czech and German-Russian house in South Dakota, and "three-bay" English terns in the northeast. Some, like the New England connected bam, stem from or local balding traditions Others reflect the availability of local building materi- als: lava rock (basalt) in south-central Idaho, logs in the southeast, adobe in California and the southwest. Oth- ers are best characterized by the specialized uses to which they were put: dairy bams in the upper mid- west, tobacco bams in the8 artd southeast, hop- drying barns its the northwest, and rice barns in South Carolina. Other historic were built to patterns developed and popularized by land-grant universities, or sold by Sears, Roebuck and Company and other mail-order firms. And others fit ao category at all: these bams attest to the owner's tastes, wealth, or un- orthodox ideas about agriculture. All of these are part of the heritage of historic bams found throughout the country. t"jh Is os this 1X0 Kentucky fflfesarn tern o^ts to aid in the curing jwcess. Photo: Christine Amvs, Kentucky Heritage Ctiimtil, In ike early 2Q(k century tens pffaros mm tiftiet&pgd by agricultural schools and ^refs^ricated umis fttere sold by maii-onler firms. This Maryland tors zjsss bought about 1920 f?a» & Sears catalogue. Pks>hr: R&btr! J. Hugka Ha- tm ventKsting towers $re the ckemcter-tkftning fit it Oregsn hojHlriflag barn. Phyla: Allan Nfisan. ct e>; COPY of Tlieir History r '•f' a • s -1 {• i i >*!-' A 1. ,A<« 1C " el*" A .pot s." i "*x v,' selling include fences, ».*'< '^ c. i •• t zrnyards, corrals, and ancii- -^ctj.^v r>u i _«. t r.irnilb and silos. (Silos,, in- -i.Aebccr* «•*,_'•>- 'y associated with barns as t fiv ». .. r 'v narate" identities.) These "u. •* < i Jing in the larger agrlcul- in the overall ~ ^ » i E .5 „.« • , ».;• ' 1 » I *• «.».•• <«'. C c aj- n i u v. " u ^.u. * c , x,. -> ^i it , «• at % < r. ^ \ *' Nt!t * vc v ' c r v, t ~ tic &«•:»$ Setting »<• one o tr o r**^ -:rv LC^J^ crair'r Jt- L*t§ to tne nir-tork cia-i^tr*1 o^ s r>~"^. fiof F^- 2), v built oar:v ir ora,» • lc tt'Ij." . Trr <*r-:l. lr.<. basrA bcionj? ^n f.,'ir,c <v\"*n Eh"». C;T Ix ««.~ u sr. to tits' «surroyn«lsri» Lc.a» and oth..- struct, rt - ir tit fsirn v-a"iplex A r-anr *K»\vdtc rv suburbs > r« •«. Darr. irs t •". s«.me fo-n< a6- :» a k -? cup.xn d wit!1 ot'ii" tan'" n.:I<din-4 f: -iundru akmt A^dir^ t a bacv crop of corr,!*2id- Herr-- tiff p~s? ^ "vjiun «. .' barn . --hauSc" nx.»* b, dhasv's d f r~s the j.*ti-.»»'\ <*:&. ,. of irt setting, farm' and fanrJaic rjr.c:ie« -ltd -<««.,<., vT chard> 'X-ridd, i'^Sd", f/;e Montana bur" •& a tOFvuti, m 1SS7 Hs$' H c vif ^" Sf:t'trj of tttr ' £ m i ' c,f u- cksrszt •• >c-".^ <!L--ij,'l lo-*- ' jtl't SAS. si.it u .\ 3' -fer" if, r_ <.t«-«, t elements ot ion. The gable nxjf he cone-shaped, domt1 • d roof IM round barns, and s ,"iCal" bam are among the •> these buildings. A barn a distance, and for this c* <. major feature. Msiermls. Among the* major impressions given by well- maintained historic bams are those of strength., solidity and permanence (see Fig. 3), These impressions largely result from the durability and ruggedsiess of the mate- rials ased in them. Wraihesed wood siding, irregularly shaped stones, or roughhewn logs on the exterior; dressed beams, posts scarred Sxy wars of use, and plank flooring on the interior all contribute ks the spe- cial character of barns. Ft> 5 The stow »«?•*«• */ tin. Dsfaaeaie bt$m are its most notable fes\,r dii-t' al<*j° 'S.i t.i? tsm is a bank tern. f%ofe».' \Merie C " l¥'i'<c" h ' j;> c" A' -fe-rffisfs/ end Hjsforir Pmemalhti. Openings. Unlike historic residential, industrial and commercial buildings, barns generally have few open- for windows and doore. Yet the openings found in openings to the hayloft are among the most striking features on bams. Not ^s prominent as these large openings, but imjxreta^yfpmj|_functional perspective. COPY are the ventilator slits found on many bams. With im- portant exceptions (dairy barns, for example), windows are few, and are normally small. The relative absence of openings for windows and doors adds to the overall impression of mossiveness and solidity conveyed by mam- historic barns, and is one erf the reasons why they often appear to be larger than the)-' are. Intenar Bmceg, The impression received upon stepping into'many historic barns is that of space |see Fig, 4), No! infrequently, the entire building appears as a single large space. To enter these buildings is sometimes to experience the entire expanse of the building at once. Even when haylofts and animal "eonsiime" part of the building., they often do not the full expanse of the interior from being seen. In large barns, this can IK? an imposing sight More commonly, the barn is a combination of confined spaces on the lower floor end a large open space above; "in this case, the contrast between the confined and open spaces is also striking, TV 0pf*nn**te of the interior, furthermore, often con- trasts with the •'blankne-sH" typical ot many barn exteri- ors, with their (datively few openings. f.»f. 4, Nowhere is the stfsst" of space msixmted with tern intefiars won- evident tksn in a mind bam. The stemge cecity of (his 1930 hsrn is immense, just visible midway up the wall is n circular tmck and pulley system used to WKKV hay from the teajpm entrant on the: lower level snd fc dtsiriStute it around, the loft. When needed, hsy wai> dropped io tiff stalls Mou: thwagh an opening in ihc loft flxr , Pkutfr. Keith A. Sfulle, Illinois Historic Pirsen&tioti Agency. Siructum! Framework. The exposed structural framework is a major component of the character of most historic barns (see Fig. 5). Typically, barns were built for strictly utilitarian purposes. Accordingly, tent builders made no effort to conceal the structural system. Yet for thai very reason, barns achieve an authenticity that ac- counts for much of their appeal. fig. S. The stracturs! barn is impressive. In & mmt hawtsKv floor (see arrow) was i-hmery. Pkplit- Dafe Humph liteikm s portion cf the In pm'Mf clearance for large Gafesbtirg Register Mail. In some barns, the load-bearing members are of enor- mous dimensions, and the complex system of beams, braces, posts, rafters and other elements of the re- vealed framework create an imposing sight. \ist even in small barns, the structural system can be an important feature, helping to determine the historic character of the building. Decotstivs' Features. Historic barns, like modern ones, are structures built for use. Nevertheless, decorative dements are not lacking on barns. Foremost among these is color (red being most common!. Dutch bants traditionally sported distinctively shaped martin holes in the upper reaches of the building. Traditional hex signs on Pennsylvania barns are so well known as to have entered the mainstream of popular culture and taken on a life of their own (see Fig. 6). Decorative paint schemes, induding contrasting colors to "pick out" cross members of the external framework, are common (these most frequently take the form of dia- monds or "XV on the main doors). Sign painters often took advantage of the size and visibility of bams in an age before billboards. "Mail ftsuch Tobacco" signs were nearly as numerous in the first quarts;!' of lht> 20th cen- tury as patent medicine ads were in the last quarter of the 19th. Another decorative motif on historic bants is the arrangement of spacings between bricks to form decorati'/e patterns (as well as to ventilate the bam). o o o COPY c c c «'.. Hfx s?;/?s SK •>,>:• j r? iSasjartiv f-,' A-.fej.-. in addition to these elements, arched window hoods, patterned stale roofs, fanciful cupolas, weathervanes, lightning rods ornamented metal ventilator hoods can be found on historic barns. Finally, individual farmers and barn builders sometimes added personal touches, as when they carved or painted their names on anchor beams, or painted their names and the dale over the entrance. The elements discussed here are major components of historic barns. Ye! no list can convey {he full historic character of an individual building. It is very impor- tant, therefore, to stud? each structure carefully'before undertaking any project to restore it or to adapt it to new uses. If a building is to be kept in gsxsd repair, periodic main- tenance is essential. Barns should be routinely in- vied lor signs of damage and decay, and problems srrecled as soon as possible. Water is the single great- •»t cause of building materials dptsrioration. The repair f roof leaks Is therefore of foremost importance. Brb- . or missing panes of glass in windows or cupolas are also sources of moisture penetration, and should be replaced, as should broken ventilation louvers. Gutter.-. and downspouts should be cleaned once? or twice a year. Proper drainage and grading should be ensured, particularly in low spate around the foundation where water cast collect. Moisture in one major threat to historic buildings. In- sects, especially termites, carpenter ants and powder post beetles, are another; Regular examinations for infestations art1 essential, Additional periodic maintenance measures include repair or replacement of loose or missing clapboards. and inspections of foundations for cracks and settle- ments. \fegetatson gnawing on the barn should be re- moved, and shrubs or trees near it should be cleared iC they obstruct access, or,, more serious, if roots and other growths threaten the foundation. Soil and ma- nure build-ups against the foundation should be re- mowed. Such buiid-ups hold water and snow against wooden elements, and promote rot. They aSs? promote insect infestations. Dour hardware should br checked for proper fittin should be kept missing. and lubricated veark. Lisihtn n proper w Many historic barns require more serious repairs than those normally classed as ''routine maintenance" (see Fig. 7s. Damaged or deteriorated features should be repaired rather than replaced wherever possible. If replacement is necessary, the new material should match the histuric material in design, color, texture, and other visual qualities and, where possible, mate- rial. The design of replacements for missing features (for example, cupolas and dormers} should be based on historic physical, or pictorial evidence. Many barn owners have .substantial experience in the care of farm structures. Where expertise is lacking, it will be necessary to consult structural engineers, ma- sons, carpenters, and architects, as appropriate. Irs addition, for many repairs, a knowledge of historic building techniques may be necessary."' SlrUittitm Repairs, Ensuring the .structural soundness of a historic barn is vita! both to its continued usefulness and to the safely of its occupants. The following signs of structural settlements may require the services of a structural engineer to evaluate: major cracks, in ma- sonry wails, visible bowing, leaning and misalignment of walls., windows and doors, separation of cladding from structural frames, trusses pulling away from seating points at support walls, sagging joists and rafters, and noticeable dips in the roof between ratters., To correct these problems, masonry foundations may have to be reset or partially rebuilt Silk and plates may- need to be repaired or replaced. Walis may have to be ' straightened and tied intu the structural system more securely. Individual structural members may need brac- ing or splicing, Roofing. Moisrare can damage historic; materials se- verely, and, in extreme cases, jeopardize the structural integrity of a building. Ever)7 effort must be made to secure 2. weatherright roof. This may require merely patching a few missing shingles on a roof that is other- wise sound. In more severe cases, it may require re- usual. More typical is the need to furnish "a new root," that is, to replace the wooden shingles, asphalt shin • gles, slate shingles or metal covering the roof. Replac- ing one type of roofing with another can produce a drastic change In the appearance of historic buildings. Great care should be taken, therefore, to assess the COPY o fig, 7, hfcs> part afAntirtam Meiiatm! Battlefield, Skis test tmm (built m fkf am enlarged »i 1898 mid KM) loab ml ever fields and hills u'hen Union md Confederate armies fought on the slay in Americen history. Omsed by ibc National l%» Service, the bam underwent major Kfeirs: M the fouttaatw ms rwraded fer better drainage: (&) ih? dfteriomitd Distal mi) was remaetd; Cd remsmi of the meifil rerf disdosed •.he mttm wdi piaie and ruof rafters; (d) these elements were rtytootd.. wti fstiars So had s new gutter system mre edited- (e) ««c down*aoitts and smm pips Ttvre mstslM to carry wafer off the roof and envy from the foindativn; (ft ItrwdlKTal mrmtim avre stremthmed with mv sschms; m new roof ami &her vmrk fmish&l, the tan mnahis a. monim fsrai <4r<*c}ur? F%aiw (e-f) Courtly. ~Training Center, K!PS; (gi, jock E, Boucher, HABS, " ' ' ' COPY c c contribution of the roof to the appearance and charac- ter of the barn before; replacing one type of' rooting material with another. While some substitute materials 'such as synthetic slate shingles) can be considered, the highest priority should be to replace in-kind, to match the visual qualities of the historic roof- Gutters and downspouts should be missing. Finally, dormers,: cu snd other itsofbsp 'ornaments uo?i; and should be repaired i laced if damaed or t „"•><• not >? > . t - 'hat > vcm/u ' ~tfj- i so t disc t* " ffott Masjnr c * r A •»«. r t» f a t *" f "i li rior. Typical interior may include removing and replacing rotten floorboards, and repair ur replace- ment of partitions,, storage bins, gutters and stalls. Concrete floors may be cracked and in need of repair. Wiring and plumbing may need major overhaul, Some barns haw served the same uses for generations, and need only periodic repairs and routine mainte- nance. Others have become obsolete and need exten- srive updating for modern fanning methods. (To house Sivpstock, for example, a barn may need new feeding, watering, waste removal, electrics], plumbing and wn- tuaiion svsjemii.} riiiTiilan^ barns that can no longer cv used iitr agriculture af all normally rcquin' changes- Ic Adapt them to: comffierdal office, or residential use. in such cases barns need more extensive work than thy snaintenanee <i«d repair treatments outlined above. ! lowevc'r, when rehabSHtiatirtg a historic barn for a new farming operation or a m-w use yntirdy, care must be taken to preserve its historic character while making needed changes (sec Kgb.. 8, 9 and SO). A successful rehabilitation project is best guaranteed when a work plan is drawn up by someone familiar with the evaluation of historic structures, and when it is carried out bv contractors and workmen, experienced with the building type and committed to the goal of retaining She historic character of the property. Help in forinjilating rehabilitation plans and in locating experi- enced professionals is normally available from "the'Slate Historic Pfeservahnn Office and Kxal preservation I, Preserve the historic selling of the barn as much &s possible. Modern farming practices do not require the great number of outbuildings, lots, fences, hedges, resuming n to use, me owner tristans® a niw K-I; tu& match,.** tfte iivotfen snmgl^ fount tenant ft tfi? desertarating asphalt shingle rac£ removal the msxiem asbestos shingle siding: repaired ik: witdj.K, and mxisisfrufftx! fhe cupola Urtduiiing its Kghini»? rod'and weethenianel. (Before and after PKSK an' t>((spfmfh' ssfe of tern.) Pha&:&. £«jr:- Qmriemi, Garv PbAf-T*un«?; After, Ca»m's:l Kankakew MWtry News. BEST COPY wails and other elements typical of historic farms. Yet such features, together with fields, woods, ponds, and other aspects of the farm setting can be important to the character of historic barns. The functional relation- ship between the barn and silo is particularly signifi- cant shcruld iS.hu be maintained. 2. Repair and repaint historic siding rather than cover barns with artificial siding. Siding applied over the entire surf-ace- of a building can give it an entirely differ- ent appearance, obscure craft details, and mask ongo- ing deterioration of historic materials underneath. The resurfacing of historic farm buildings with any new that does not duplicate the historic material is a recommended treatment. o fig. 3. This enormous Ohio bem (285 feet by 125j ass built fetewn 1909 and 1312. Is 0*3 ore >•<( FJ* tfruchms on "America's Finest farm." (Other buildings inckt-M the world's largest gmnksni^ end the world's fergatf bsrn—;Ksr*v P%« wJ ^".gi. Th? few seen !KK> wst rehalbiUtat<rd fiv use as hi^sltjusitit'rs he an international agricultural firm. Although the usihas chanf\ . -. * i»u»v>n «•' tf t mh-raw photographs sfeeas that the bstiv has retained its historic dierack'i: (After vieut interim. K. tefoi: frmi e cnKa earls; disb ', »•• I»• i«A .^n fw t PSiottteS'Exteriar and interior, alter: Rats Kuntz, UP!; Interior, Ivfof,-; Courtesy, Bsjfertow (Ohio) Histories! Sock'ty. 10 COPY "',• ',', • - 1; ,* viffv S'\ !'.," .«• i\ jv: s .&_ "fit/ % *- •"-"."«." ''• ..-'.",.-*: '• L Tr,.r 'A.': , ;:u . , i p>—"}\ •« c c • rather than replace historic windows when- ever possible, and avoid "blocking them down" or covering them up. Avoid the insertion of numerous new window openings. They can give a building a domestic appearance, radically altering & barn's charac- ter. However, if additional light is needed, add new windows carefully, respecting the size and scale of existing window openings, 4, Avoid changing the size of door openings whenever possible. Increasing the heigh! of dcjor openings to accommodate new machinery can dramatically alter the historic character of a barn. It" larger doors are needed, minimize the visual change. Use new track- hang doors rather than oversized rolled doors, which give an industrial appearance incompatible with most historic barns. If the bam has wood siding, the new doors should match it. If historic doors are BO longer needed, fix them shut instead of removing them and filling in the openings, 5. Consider a new exterior addition only if it is essen- tial to the continued use of a historic barn. A new addi- tion can damage or destroy historic features and materials and alter the3 overall torsi of the historic building. If ait addition is required, it should be built in & way that- minimises to external walk and internal plan. It should also be compatible with the hisu/ric barn, but sufficiently 'differentiated i'rom it so that the new work is not confused with what is genu- inely part of the past 6. Retain interior spaces and features as much as possi- ble. The internal volume of a barn is often a major character-defining feature, and the insertion erf new floors, partitions, and structures within tht> barn can drastically impair the overall character of the space. Similarly, interior features should also be retained to the extent possible. 7, Retain as much of the historic internal structural svs- ibie. Even in cases where II K impractical to keep all of [he exposed structural system, it may be possible to keep sufficiently extensive portions of it to convey s strong sense uf the interior character. Whole- sate replacement of the historic structural system with a differpni system should be avoided. Housing: A Special Concern The conversion of barns to housing is not new, but has become increasingly popular in recent years. Yet the changes involved in converting ms?st barns- to housing arc so great that such con- versions rareiy preserve the historic character of the resource5. Ordinarily, numerous windows are inserted, walls are heavily insulated and refin- ished, the interior volume is greatly reduced, chimneys and other fixtures normally lacking in bams are added, and site changes, such as close- in parking and residential landscaping are made, giving the building a greatly altered site, Many other "terns are "converted*' to houses by disman- tling them, discarding the exterior, and reusing the internal stnicferal system irt a new building. The beams arc saved, but the barn is lost. In cases \vhpn; tl'u- conversion from barns to houses has been successful, the positive outcome results in large measure from the careful choice of the barn: A modest-sized barn with a sufficient number of existing residential-scale windows, in which nearly the whole internal volume car?, be used as is, without building numerous new parti- tions or extending a new floor across the open space (haylofts in such cases serving as loft-space for "second storv" bedrooms) COPY Summary Historic barns form a vital part of our Nation's heritage. Not every historic barn can be saved from encroaching development, or easily brought back into productive use. Yfet thousands of such structures can be repaired or rehabilitated for continued agricultural use or for new functions without destroying the very, qualities that make them worth saving. By carefully examining the historic significance of each structure, owners of historic barns can draw up plans that preserve and reuse these historic structures while maintaining their historic character. Selected Arthur, Erie and Dudtey Wjtncy. The Sam: A ifarsfe^} iawfeM m North Amerso» Greenwich, CT; New York Graphic Society Ltd., 1972. Fitchen, John- TheNeta W»rfd Dutch iam: A Study of its Chsradensiks, Us Slruelure' SsaJmi, and te PmhoUe tiectiono! Procedure*. Syracuse, NY: Syracuse Unherasty Press, 1968. NOTES . Byron D., ed. Bents, Stefe *nd OutlmildiKgt. New IbA; O. Jadd Co." 1881. Rpt.r Bnrttfebon* VT: Siephra Gimme Press, 1177. Humsionc, Mary. Bam Ayaa! A Guide to Kekehsiimton of Older fssnn Sai&ffHgii, Des Maines, !A: Meisdith Corporation and the National Trust lor Hisrerk- Preservation, 1988, Klamkin, Charles. Barns: Thar History, Preservation and festerafwtr. New York: Hawthorn, 1973. Schufer, Stanley. Ameriaia Bams: lit e Clegs by Thenaekies, Extern, PA - Schifor Publishing Ud . , 1984 , Schulte, LeRoy G., eomp. tttrnt, SfaW« mid QutbitiUmgs: A BibStttgrapiiy'in En^lfeh, 1700-1963. Jefferson, NC, and London: Mcftriamf fc Ca, 1986 Stokes, Samuel N., el a!, Swing America's Countryside: A Guide to Rural Cansermtxm, Baltimore and Lonsfcm: Johns Hopkins University form. W89, Cotxr photograph: Prairie burn with monitor roof, North Dakota Photo: Mary Huntstone, t tiw? lar IVfiwc Coiofsdc*. •' Dmwiiptient et the pnsaney torts types Maturtf (n Mws seefcn <n> he*viy i»i**iKi tc bra Arthur «Dd Dadby MKiwjt 7*e Sam: ^ UMtwqf Lmiman IK Nvrln Amria Gseemrsk;. CT. Ms**e "sar^ Cisas^jsc Soris^tv. Ltd., 1W2.. 1'mis. IKS, j«. Ha. O IrKifmsS ?!«-nf3>w. s: IV fcxirf tens i^ ifl». Dm Moiim- towa <itate HtMurieal n^animn!. Wiwn si i» »««*»« to b» t«»p pn«IH, ill? tffm "8ms ( batr« SKKB IwsgsmA octsfem^, w otiier pdyganal karas !**• Sluk« Itound fcrn is a Sru«xntnd bars. GaSttrf b¥ !BB tn »4, the feara WK rebut!! shor% th«*«ftf • S« RiBy iiir wd fete D. MeDnmell, H»«o<* SN»iM VJBags Nittiwul Haton: Unduutk , D-C. '• 55* asl^f^?K tes ibe aa^i ix E$HS Kstiuir Marii I Rsitum, "C«s«aS ilasi CWiv Kara Thmutic r!, 1W4, and |*.w »;' Di^i Messes: H7S, p. f/. Ackfiowledgemenfe rte author grawfutty acfcnawteigw thy i Hus«»it»5t, Natkjsal Truti tor Hi*jnc Prswrvaikw., M CHistx. md fSutxt C. Park, Kay D. Vfepfa, aitd fe«»rt Puwws of fee Natknui Rwk Servke, Signiikant csmirfertisms were ais> nutfe 6^ Stan Graws, Te«as f fotoncai Ci>nsmrssffli;. em b««ft,«i! s>f the* iV'atKiitil Can^*Kmce erf State Hs^tw):* P«'s««rvs*a>n Oflfero; !5hir!ey Derm, DoSds Barn Pi«serv2S!*>rs Society, fes«si?Ijgr-i NY; jiKm King, tjKMvilM:, IL. Mmlyn f^etfefehak, Nai^'suij 'fm>* k>r Hatorie PKwniation; Fred Swada; US. D^KBtinent erf Agriculture, and UntU MrdeKind, NatfcE«^ Regteser of Hbhiric Hac*s. In addition, i l*re«?rvasion Sesrvkw Bnndv, directed bj> H. WwJ }andi, by the ruhurai mie$iiit» staff of Matin,-wi Park Service RegLonn! iX!io«,, by lack ffeiurfitf Catherine iastjfe and ESett Mmruch rt the Historic American Suifctinfa tenrpy, and by Aita Weber of the fWs Hlstorsc Arfj}»c«a!® Dwiskm, This ptjbiicstisn hw been pfBf»«i«d paHuanl to the fteionaS Historic f'?«e5vatte? to, as amended, which directs she SCCVKMV ci She Intarios- to divi'Ssip drtd !F«skr mtitabit* !nform.»sk>n cmceming htetek psup^Sk'!, s'sfiierviitiois e!n« 20 has bren demised unckfj the d;a>rtk-(n o,! le.s H. MSA, Chtef, Ptxxsetv&ism tuuHtanee DinriMknt. NasKJ.iaS Park Servk*. P.O. 37t27, V&shtagtof.. D.C. 2DOO-7Sf. 12 BEST COPY O APPENDIX B Barn Stabilization Structural Calculations Melvin Green & Associates JOB. MELVYN GREEN & ASSOCIATES, INC. 21311 Hawthorne Blvd. Suite 220 TORRANCE, CALIFORNIA 90503 1-310-792-9252 SHEET NO.. CALCULATED BY_ CHECKED BY SCALE OF DATE. DATE. Leo Carrillo Ranch Park Carlsbad Building Description The barn at Leo Carrillo Ranch Park is part of a historic ranch listed in the National Register of Historic Places. Buildings on the site were constructed over a number of year starting the early 1900's. The barn in this project was constructed in the 1930's to hold farm equipment and supplies. The building is of single wall board and batten wood construction supported on a stone foundation. The roof framing is wood rafters spanning to beams supported on posts. Roof sheathing is straight boards. The building measures 30 feet by 40 feet and is 16 feet high at the eave line. There is a partial mezzanine in the rear portion of the building. At doors there is no foundation Rehabilitation work consists of constructing new foundations of concrete with a stone veneer where no footing currently exists; underpinning foundations that have had the soil washed out, with new concrete; and repairing foundations that are cracked. New foundation work is generally underlain with a reinforced concrete grade beam. The building's lateral resisting system, currently straight wall boards is revised to include a new diagonal bracing system on each wall. The bracing system consists of steel rod diagonals with either steel channels or existing wood as boundary members. The shear is taken out through new anchor bolts and uplift is resisted by anchor bolts extending down into new foundations and grade beams. A new light layer of plywood is placed on the roof to act as a diaphragm and provide a base for the new roof covering. Design Approach Code: State Historic Building Code Seismic and wind design is based on 75% of the 1994 Uniform Building Codeesc). The SHBC permits roofs that are functioning to remain regardless of live load (199 MELVYN GREEN & ASSOCIATES, INC. 21311 Hawthorne Blvd. Suite 220 TORRANCE, CALIFORNIA 90503 1-310-792-9252 JOB. SHEET NO.. CALCULATED BY_ CHECKED BY SCALE OF DATE. DATE. DESIGN INFORMATION • CODE: State Historic Building Code (SHBC) WIND • WIND SPEED - 80 mph • EXPOSURE = C IMPORTANCE FACTOR = 1.0 SEISMIC • Z= 0.4 • R= 6 DESIGN MATERIAL • LUMBER: • STRUCTURAL STEEL • REINFORCING STEEL., Rafters/Joists DF#2 Beams/Posts DF#1 ASTMA-36,Fy = 36ksi ASTMA615 GRADE 40, fy = 40,000 psi for #5 and smaller bars • CONCRETE, at 28 days fc = 2,500 psi FOUNDATION SOIL BEARING PPRESSURE: 1000 psf & 21311 TORR LA • MELVYN GREEN RHmm ^S U-^ * ASSOCIATES, INC. > u c.\ 1 l...iiH>nr>Lu Dliirl ^nitc. O^n CA|Cl*ATFnHV ^5«^- DATE '1nawuiOiiie tJlvu. oUlle £^U * ANCE, CALIFORNIA 90503 rwrwn«»1-3 10- 792-9252 SCAIE A^o% ^ O^ R.J\V— XH.NU^'^sX1^, /• O^\V^O P'-^-^C/- Q \ s- &~^ s~ Zo 4 4' r *• 2 d -Z.^V\dLp ^. S) ^\-/v\A t,d —] c_ >r O , \Ax \U.o = UO * T- ••^^wi •2. •I1 -I' v\\ V W = , O. \JO i ^^^ C JOB- MELVYN GREENIWIfcfcw • •' »r»»-fcl1 SHEET NO \ ( L- C.\ OF A*± & ASSOCIATES, INC. Wdt-^ J -^ n ^ 21311 Hawthorne Blvd. Suite 220 CALCULATED BY 2« DATE M?. <^-\.o **r TORRANCE, CALIFORNIA 90503 CHECKED BY DATE1-310-792-9252 CHECKEDBY DATE SCALE Kj J V /N V \&>S^ Ao Eb * ^ V.' V ^Vl s. \\js- So A —•£• o JOB. MELVYN GREEN & ASSOCIATES, INC. 2131 1 Hawthorne Blvd. Suite 220 TORRANCE, CALIFORNIA 90503 1-310-792-9252 SHE FT MO O TJU cm A-rm HV CHPOCFDBY STJUF (L-*>\, VtAMTP 1lcT| DATE A r 2 a> - 4 €«.V. T ^ o ^ A, V\£>0 ,\» JOB_ MELVYN GREEN & ASSOCIATES, INC. 21311 Hawthorne Blvd. Suite 220 TORRANCE, CALIFORNIA 90503 1-310-792-9252 4:0 Cp^ i / \\fe02* r , 25 OO ^ v