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16-1018_TL VETERANS CONSTRUCTION, INC_Contract Docs, Specs & Plans AIM c to J, l� m�ror�o �} rsrrrusru 19071 1776 `fLIFaft' � CITY OF SAN JUAN CAPISTRANO SAN JUAN CAPISTRANO, CALIFORNIA CONTRACT DOCUMENTS AND SPECIFICATIONS FOR SAN JUAN CAPISTRANO PUBLIC LIBRARY REPAINTING C I P 15302 61147.02100\20950242.3 TABLE OF CONTENTS Page 00 11 16 - NOTICE INVITING PROPOSALS...............................................................................5 00 21 13 - INSTRUCTIONS TO PROPOSERS ...........................................................................7 ARTICLE 1. SECURING DOCUMENTS..............................................................................7 ARTICLE 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS............................7 ARTICLE 3. INTERPRETATION OF DRAWINGS AND DOCUMENTS ..............................7 ARTICLE 4. PRE-PROPOSAL CONFERENCE...................................................................8 ARTICLE 5. ADDENDA........................................................................................................8 ARTICLE 6. ALTERNATE PROPOSALS.............................................................................8 ARTICLE 7. COMPLETION OF PROPOSAL FORMS.........................................................8 ARTICLE 8. MODIFICATIONS OF PROPOSALS ...............................................................9 ARTICLE 9. SUBCONTRACTORS......................................................................................9 ARTICLE 10. LICENSING REQUIREMENTS......................................................................9 ARTICLE 11. PROPOSAL GUARANTEE (BOND) ..............................................................9 ARTICLE 12. IRAN CONTRACTING ACT OF 2010 .......................................................... 10 ARTICLE 13. NONCOLLUSION DECLARATION .............................................................. 10 ARTICLE 14. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION....................................................................................................... 10 ARTICLE 15. PROPOSER INFORMATION AND EXPERIENCE FORM .......................... 10 ARTICLE 16. WORKERS' COMPENSATION CERTIFICATION ....................................... 11 ARTICLE 17. SIGNING OF PROPOSALS......................................................................... 11 ARTICLE 18. SUBMISSION OF SEALED PROPOSALS .................................................. 11 ARTICLE 19. OPENING OF PROPOSALS........................................................................ 12 ARTICLE 20. WITHDRAWAL OF PROPOSAL.................................................................. 12 ARTICLE 21. PROPOSERS INTERESTED IN MORE THAN ONE PROPOSAL.............. 12 ARTICLE 22. SUBSTITUTION OF SECURITY.................................................................. 12 ARTICLE 23. PREVAILING WAGES ................................................................................. 13 ARTICLE 24. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS ............... 13 ARTICLE 25. INSURANCE REQUIREMENTS .................................................................. 13 ARTICLE 26. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS .....................................................................................................13 ARTICLE 27. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES.............................................................................................. 13 ARTICLE 28. PERMIT AND INSPECTION FEE ALLOWANCE......................................... 14 ARTICLE 29. FILING OF PROPOSAL PROTESTS........................................................... 14 ARTICLE 30. BASIS OF AWARD; BALANCED PROPOSAL ............................................ 14 <Month><Year> TABLE OF CONTENTS 61147.02100\20950242.3 TABLE OF CONTENTS (Continued) Page ARTICLE 31. AWARD PROCESS ..................................................................................... 14 ARTICLE 32. EXECUTION OF CONTRACT ..................................................................... 15 ARTICLE33. QUESTIONS ................................................................................................ 15 00 41 43 — PROPOSAL FORMS ................................................................................................ 16 ARTICLE 1. INFORMATION ABOUT PROPOSER ...........................................................26 ARTICLE 2. LIST OF CURRENT PROJECTS (BACKLOG)..............................................29 ARTICLE 3. LIST OF COMPLETED PROJECTS — LAST THREE YEARS.......................30 ARTICLE 4. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE.....................................................................................................31 ARTICLE 5. VERIFICATION AND EXECUTION................................................................32 00 52 13 — CONTRACT..............................................................................................................37 00 61 13— BOND FORMS..........................................................................................................41 00 72 13 — GENERAL CONDITIONS .........................................................................................50 ARTICLE 1. DEFINED TERMS..........................................................................................50 ARTICLE 2. CONTRACT DOCUMENTS...........................................................................54 ARTICLE 3. PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION ...................................................................................................55 ARTICLE 4. CONTRACT DOCUMENTS: COPIES & MAINTENANCE............................55 ARTICLE 5. EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OFWORK.................................................................................................................55 ARTICLE 6. MOBILIZATION..............................................................................................56 ARTICLE 7. EXISTENCE OF UTILITIES AT THE WORK SITE ........................................57 ARTICLE 8. SOILS INVESTIGATIONS .............................................................................57 ARTICLE 9. SPECIAL PROJECT SITE MAINTENANCE AND PUBLIC CONVENIENCE AND SAFETY .................................................................................... ARTICLE 10. CONTRACTOR'S SUPERVISION ...............................................................58 ARTICLE 11. WORKERS...................................................................................................58 ARTICLE 12. INDEPENDENT CONTRACTORS...............................................................58 ARTICLE 13. SUBCONTRACTS........................................................................................59 ARTICLE 14. VERIFICATION OF EMPLOYMENT ELIGIBILITY.......................................59 ARTICLE 15. REQUESTS FOR SUBSTITUTION..............................................................59 ARTICLE 16. SHOP DRAWINGS ......................................................................................61 ARTICLE 17. SUBMITTALS...............................................................................................61 ARTICLE 18. MATERIALS.................................................................................................61 ARTICLE 19. PERMITS AND LICENSES..........................................................................62 61147.02100\20950242.3 _jj_ 00 11 16-NOTICE INVITING PROPOSALS TABLE OF CONTENTS (Continued) Page ARTICLE 20. TRENCHES..................................................................................................62 ARTICLE 21. TRAFFIC CONTROL....................................................................................63 ARTICLE 22. DIVERSION OF RECYCLABLE WASTE MATERIALS................................64 ARTICLE 23. REMOVAL OF HAZARDOUS MATERIALS.................................................64 ARTICLE 24. SANITARY FACILITIES ...............................................................................65 ARTICLE 25. AIR POLLUTION CONTROL .......................................................................65 ARTICLE 26. LAYOUT AND FIELD ENGINEERING.........................................................65 ARTICLE 27. TESTS AND INSPECTIONS........................................................................65 ARTICLE 28. PROTECTION OF WORK AND PROPERTY ..............................................66 ARTICLE 29. CONTRACTOR'S MEANS AND METHODS ...............................................66 ARTICLE 30. AUTHORIZED REPRESENTATIVES ..........................................................66 ARTICLE 31. HOURS OF WORK......................................................................................66 ARTICLE 32. PAYROLL RECORDS..................................................................................67 ARTICLE 33. PREVAILING RATES OF WAGES ..............................................................69 ARTICLE 34. PUBLIC WORKS CONTRACTOR REGISTRATION ...................................69 ARTICLE 35. EMPLOYMENT OF APPRENTICES............................................................70 ARTICLE 36. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY .............70 ARTICLE 37. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS ...............71 ARTICLE 38. LABOR/EMPLOYMENT SAFETY................................................................71 ARTICLE 39. INSURANCE ................................................................................................71 ARTICLE 40. FORM AND PROOF OF CARRIAGE OF INSURANCE ..............................75 ARTICLE 41. TIME FOR COMPLETION AND LIQUIDATED DAMAGES .........................76 ARTICLE 42. COST BREAKDOWN AND PERIODIC ESTIMATES ..................................77 ARTICLE 43. PROGRESS ESTIMATES AND PAYMENT.................................................77 ARTICLE 44. SECURITIES FOR MONEY WITHHELD .....................................................78 ARTICLE 45. CHANGES AND EXTRA WORK..................................................................79 ARTICLE 46. FINAL ACCEPTANCE AND PAYMENT.......................................................90 ARTICLE 47. OCCUPANCY ..............................................................................................91 ARTICLE 48. INDEMNIFICATION .....................................................................................92 ARTICLE 49. PROCEDURE FOR RESOLVING DISPUTES.............................................93 ARTICLE 50. CITY'S RIGHT TO TERMINATE CONTRACT.............................................94 ARTICLE 51. WARRANTY AND GUARANTEE OF WORK...............................................97 ARTICLE 52. DOCUMENT RETENTION & EXAMINATION..............................................99 ARTICLE 53. SEPARATE CONTRACTS......................................................................... 100 61147.02100\20950242.3 -III- 00 11 16-NOTICE INVITING PROPOSALS TABLE OF CONTENTS (Continued) Page ARTICLE 54. NOTICE AND SERVICE THEREOF .......................................................... 100 ARTICLE 55. NOTICE OF THIRD PARTY CLAIMS ........................................................ 100 ARTICLE 56. STATE LICENSE BOARD NOTICE........................................................... 100 ARTICLE 57. INTEGRATION........................................................................................... 101 ARTICLE 58. ASSIGNMENT OF CONTRACT................................................................. 101 ARTICLE 59. CHANGE IN NAME AND NATURE OF CONTRACTOR'S LEGAL ENTITY101 ARTICLE 60. ASSIGNMENT OF ANTITRUST ACTIONS ............................................... 101 ARTICLE 61. PROHIBITED INTERESTS ........................................................................ 101 ARTICLE 62. CONTROLLING LAW................................................................................. 102 ARTICLE 63. JURISDICTION; VENUE............................................................................ 102 ARTICLE 64. LAWS AND REGULATIONS...................................................................... 102 ARTICLE 65. PATENTS................................................................................................... 102 ARTICLE 66. OWNERSHIP OF CONTRACT DOCUMENTS.......................................... 102 ARTICLE 67. NOTICE OF TAXABLE POSSESSORY INTEREST..................................102 ARTICLE 68. SURVIVAL OF OBLIGATIONS .................................................................. 102 00 73 13 — SPECIAL CONDITIONS ......................................................................................... 104 01 00 00 — GENERAL REQUIREMENTS................................................................................. 107 EXHIBIT "A„ CHANGE ORDER FORM ........................................................................................ 1 61147.02100\20950242.3 _jV_ 00 11 16-NOTICE INVITING PROPOSALS 00 11 16— NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that the City Council of the City of San Juan Capistrano ("City") invites and will receive sealed Proposals up to but not later than 2:00 PM on September 29, 2016 at the office of the City Clerk located at 32400 Paseo Adelanto, San Juan Capistrano, California, for the furnishing to City of all labor, equipment, materials, tools, services, transportation, permits, utilities, and all other items necessary for San Juan Capistrano Public Library (CIP 15302) (the "Project"). Proposals received after said time shall be returned unopened. Proposals shall be valid for a period of 90 calendar days after the Proposal opening date. The Scope of Work to include the repair, preparation, and painting to all the exterior surfaces of the San Juan Capistrrano Public Library (including interior courtyard) and adjoining La Sala Building. Proposals must be submitted on the City's Proposal Schedule. A set of paper Contract Documents will be available by 1:OOPM on August 30, 2016 and may be inspected without charge at the Public Works Department, City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. Electronic sets of said Contract Documents can viewed online after 1:00 pm on August, 30, 2016. Copies of Plans and Specifications may be purchased from Coastal Blue, Corp., 33091 Calle Perfecto, San Juan Capistrano, CA. 92675, (949)240-9911, www.coastalblue.com. To the extent required by section 20103.7 of the Public Contract Code, upon request from a contractor plan room service, the City shall provide an electronic copy of the Contract Documents at no charge to the contractor plan room. Each Proposal shall be accompanied by cash, a certified or cashier's check, or Proposal Bond secured from a surety company satisfactory to the City Council, the amount of which shall not be less than ten percent (10%) of the submitted Total Proposal Price, made payable to City of San Juan Capistrano as Proposal security. The Proposal security shall be provided as a guarantee that within five (5) working days after the City provides the successful Proposer the Notice of Award, the successful Proposer will enter into a contract and provide the necessary bonds and certificates of insurance. The Proposal security will be declared forfeited if the successful Proposer fails to comply within said time. No interest will be paid on funds deposited with City. A Mandatory Pre-Proposal Conference is scheduled for 10 A.M. September 14, 2016, to review the Project's existing conditions at 31495 EI Camino Real, San Juan Capistrano. Representatives of the City and consulting engineers, if any, will be present. Questions asked by Proposers at the Pre-Proposal Conference not specifically addressed within the Contract Documents shall be answered in writing, and shall be sent to all Proposers present at the Pre- Proposal Conference. Proposals will not be accepted from any proposer who did not attend the mandatory Pre-Proposal Conference."] The successful Proposer will be required to furnish a Faithful Performance Bond and a Labor and Material Payment Bond each in an amount equal to one hundred percent (100%) of the Contract Price. Each bond shall be in the forms set forth herein, shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120, and that is a California admitted surety insurer. 61147.02100\20950242.3 -5- 00 11 16-NOTICE INVITING PROPOSALS Pursuant to Section 22300 of the Public Contract Code of the State of California, the successful Proposer may substitute certain securities for funds withheld by City to ensure its performance under the contract. Pursuant to Labor Code Section 1773, City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Orange County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute this contract. A copy of these prevailing wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/ In addition, a copy of the prevailing rate of per diem wages is available at the City's Clerk's Office and shall be made available to interested parties upon request. The successful proposer shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Proposer to whom the Contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the Contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors. Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to Proposal on, be listed in a Proposal proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Proposal will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Proposer and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In Proposalding on this Project, it shall be the Proposer's sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this contract and applicable law in its Proposal. Unless otherwise provided in the Instructions for Proposers, each Proposer shall be a licensed contractor pursuant to sections 7000 et seq. of the Business and Professions Code in the following classification(s) throughout the time it submits its Proposal and for the duration of the contract: B, C-33 Substitution requests shall be made within 35 calendar days after the award of the contract. Pursuant to Public Contract Code Section 3400(b), the City may make findings designating that certain additional materials, methods or services by specific brand or trade name other than those listed in the Standard Specifications be used for the Project. Such findings, if any, as well as the materials, methods or services and their specific brand or trade names that must be used for the Project may be found in the Special Conditions. City shall award the contract for the Project to the lowest responsive, responsible Proposer as determined by the City from the Base Proposal alone. City reserves the right to reject any or all Proposals or to waive any irregularities or informalities in any Proposals or in the Proposalding process. For further information, contact Associate Engineer, Joe Mankawich at (949)487-4313. 61147.02100\20950242.3 -6- 00 11 16-NOTICE INVITING PROPOSALS 00 21 13— INSTRUCTIONS TO PROPOSERS ARTICLE 1. SECURING DOCUMENTS Proposals must be submitted to the City on the Proposal Forms which are a part of the Proposal Package for the Project. Proposal and Contract Documents may be obtained from the Public Works Department as specified in the Notice Inviting Proposals. Prospective Proposers are encouraged to telephone in advance to determine the availability of Contract Documents. Any charge for the Contract Documents is stated in the Notice Inviting Proposals. The City may also make the Contract Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Proposals. Please Note: Prospective Proposers who choose to review the Contract Documents at a plan room must contact the City to obtain the required Contract Documents if they decide to submit a Proposal for the Project. Addenda, if any, issued during the Proposal period will be sent only to those contractors who have obtained documents from the City. Failure to acknowledge addenda may make a Proposal nonresponsive and not eligible for award of the contract. ARTICLE 2. EXAMINATION OF SITE AND CONTRACT DOCUMENTS At its own expense and prior to submitting its Proposal, each Proposer shall visit the site of the proposed work and fully acquaint itself with the conditions relating to the construction and labor required so that the Proposer may fully understand the work, including but not limited to difficulties and restrictions attending the execution of the work under the contract. Each Proposer shall carefully examine the Drawings, and shall read the Specifications, Contract, and all other documents referenced herein. Each Proposer shall also determine the local conditions which may in any way affect the performance of the work, including local tax structure, contractors' licensing requirements, availability of required insurance, the prevailing wages and other relevant cost factors, shall familiarize itself with all federal, state and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work, and shall make such surveys and investigations, including investigations of subsurface or latent physical conditions at the site or where work is to be performed as may be required. Proposers are responsible for consulting the standards referenced in the Contract. The failure or omission of any Proposer to receive or examine any contract documents, forms, instruments, addenda, or other documents, or to visit the site and acquaint itself with conditions there existing shall in no way relieve any Proposer from any obligation with respect to its Proposal or to the contract and no relief for error or omission will be given except as required under State law. The submission of a Proposal shall be taken as conclusive evidence of compliance with this Article. ARTICLE 3. INTERPRETATION OF DRAWINGS AND DOCUMENTS Prospective Proposers unclear as to the true meaning of any part of the Drawings, Specifications or other proposed contract documents may submit to the Engineer of the City a written request for interpretation. The prospective Proposer submitting the request is responsible for prompt delivery. Interpretation of the Drawings, Specifications or other proposed contract documents will be made only by a written addendum duly issued and a copy of such addenda will be mailed or delivered to each prospective Proposer who has purchased a set of Drawings and Specifications. The City will not be responsible for any other explanation or interpretations of the proposed documents. If a Prospective Proposers becomes aware of any 61147.02100\20950242.3 -7- 00 21 13-INSTRUCTIONS TO PROPOSERS errors or omissions in any part of the Contract Documents, it is the obligation of the Prospective Proposer to promptly bring it to the attention of the City. ARTICLE 4. PRE-PROPOSAL CONFERENCE A Mandatory Pre-Proposal Conference is scheduled for 10:00 AM May 24, 2016 to review the Project's existing conditions at 31495 EI Camino Real, San Juan Capistrano. Representatives of the City and consulting engineers, if any, will be present. Questions asked by Proposers at the Pre-Proposal Conference not specifically addressed within the Contract Documents shall be answered in writing, and shall be sent to all Proposers present at the Pre-Proposal Conference. Proposals will not be accepted from any Proposer who did not attend the mandatory Pre- Proposal Conference. ARTICLE 5. ADDENDA The City reserves the right to revise the Contract Documents prior to the Proposal opening date. Revisions, if any, shall be made by written Addenda. All Addenda issued by the City shall be included in the Proposal and made part of the Contract Documents. Pursuant to Public Contract Code Section 4104.5, if the City issues an Addendum which includes material changes to the Project less than 72 hours prior to the deadline for submission of Proposals, the City will extend the deadline for submission of Proposals. The City may determine, in its sole discretion, whether an Addendum warrants postponement of the Proposal submission date. Each prospective Proposer shall provide City a name, address, email address, and facsimile number to which Addenda may be sent, as well as a telephone number by which the City can contact the Proposer. Copies of Addenda will be furnished by email, facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Contract Documents and provided such current information. Please Note: Proposers are responsible for ensuring that they have received any and all Addenda. To this end, each Proposer should contact the Public Works Department to verify that it has received all Addenda issued, if any, prior to the Proposal opening. The Proposer shall indicate the Addenda received prior to Proposalding in the space provided in the Proposal Form. Failure to indicate all Addenda may be sufficient cause for rejecting the Proposal. ARTICLE 6. ALTERNATE PROPOSALS If alternate Proposal items are called for in the Contract Documents, the time required for completion of the alternate Proposal items has already been factored into the Contract duration and no additional Contract time will be awarded for any of the alternate Proposal items. The City may elect to include one or more of the alternate Proposal items, or to otherwise remove certain work from the Project scope of work. Accordingly, each Proposer must ensure that each Proposal item contains a proportionate share of profit, overhead, and other costs or expenses which will be incurred by the Proposer. ARTICLE 7. COMPLETION OF PROPOSAL FORMS Proposals shall only be prepared using copies of the Proposal Forms which are included in the Contract Documents. The use of substitute Proposal Forms other than clear and correct photocopies of those provided by the City will not be permitted. Proposals shall be executed by an authorized signatory as described in these Instructions to Proposers. In addition, Proposers shall fill in all blank spaces (including inserting "N/A" where applicable), and initial all interlineations, alterations, or erasures to the Proposal Forms. Proposers shall neither delete, 61147.02100\20950242.3 -8- 00 21 13-INSTRUCTIONS TO PROPOSERS modify, nor supplement the printed matter on the Proposal Forms nor make substitutions thereon. USE OF BLACK OR BLUE INK, INDELIBLE PENCIL, OR A TYPEWRITER IS REQUIRED. Deviations in the Proposal Forms may result in the Proposal being deemed non- responsive. ARTICLE 8. MODIFICATIONS OF PROPOSALS Each Proposer shall submit its Proposal in strict conformity with the requirements of the Contract Documents. Unauthorized additions, modifications, revisions, conditions, limitations, exclusions or provisions attached to a Proposal may render it non-responsive and may cause its rejection. Proposers shall not delete, modify, or supplement the printed matter on the Proposal Forms, or make substitutions thereon. Oral, telephonic and electronic modifications will not be considered. ARTICLE 9. SUBCONTRACTORS Proposer shall set forth the name, address of the place of business, and contractor license number of each subcontractor who will perform work, labor, furnish materials or render services to the Proposer on said contract and each subcontractor licensed by the State of California who, under subcontract to Proposer, specially fabricates and installs a portion of the Work described in the Drawings and Specifications in an amount in excess of one half of one percent (0.5%) of the total Proposal price, and shall indicate the portion of the work to be done by such subcontractor in accordance with Public Contract Code Section 4104. ARTICLE 10. LICENSING REQUIREMENTS Pursuant to Business and Professions Code Section 7028.15 and Public Contract Code Section 3300, all Proposers must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Business and Professions Code Section 7028.5, the City shall consider any Proposal submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Contract Documents to be nonresponsive, and the City shall reject the Proposal. The City shall have the right to request, and Proposers shall provide within ten (10) calendar days, evidence satisfactory to the City of all valid license(s) currently held by that Proposer and each of the Proposer's subcontractors, before awarding the Contract. Notwithstanding anything contained herein, if the Work involves federal funds, the Contractor shall be properly licensed by the time the Contract is awarded, pursuant to the provisions of Public Contract Code section 20103.5. ARTICLE 11. PROPOSAL GUARANTEE (BOND) Each Proposal shall be accompanied by: (a) cash; (b) a certified or cashier's check made payable to City of San Juan Capistrano; or (c) a Proposal Bond secured from a surety company satisfactory to the City Council, the amount of which shall not be less than ten percent (10%) of the Total Proposal Price, made payable to City of San Juan Capistrano as Proposal security. Personal sureties and unregistered surety companies are unacceptable. The surety insurer shall be California admitted surety insurer, as defined in Code of Civil Procedure Section 995.120. The Proposal security shall be provided as a guarantee that within ten (10) working days after the City provides the successful Proposer the Notice of Award, the successful 61147.02100\20950242.3 -9- 00 21 13-INSTRUCTIONS TO PROPOSERS Proposer will enter into a contract and provide the necessary bonds and certificates of insurance. The Proposal security will be declared forfeited if the successful Proposer fails to comply within said time, and City may enter into a contract with the next lowest responsive responsible Proposer, or may call for new Proposals. No interest shall be paid on funds deposited with the City. City will return the security accompanying the Proposals of all unsuccessful Proposers no later than 60 calendar days after award of the contract. ARTICLE 12. IRAN CONTRACTING ACT OF 2010 In accordance with Public Contract Code Section 2200 et seq., the City requires that any person that submits a Proposal or proposal or otherwise proposes to enter into or renew a contract with the City with respect to goods or services of one million dollars ($1,000,000) or more, certify at the time the Proposal is submitted or the contract is renewed, that the person is not identified on a list created pursuant to subdivision (b) of Public Contract Code Section 2203 as a person engaging in investment activities in Iran described in subdivision (a) of Public Contract Code Section 2202.5, or as a person described in subdivision (b) of Public Contract Code Section 2202.5, as applicable. The form of such Iran Contracting Certificate is included with the Proposal package and must be signed and dated under penalty of perjury. ARTICLE 13. NONCOLLUSION DECLARATION Proposers on all public works contracts are required to submit a declaration of noncollusion with their Proposal. This form is included with the Proposal package and must be signed and dated under penalty of perjury. ARTICLE 14. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to Proposal on, be listed in a Proposal proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Proposal will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Proposer and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project. To this end, Proposer shall sign and submit with its Proposal the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the Proposal non-responsive. In addition, each Proposer shall provide the registration number for each listed subcontractor in the space provided in the Designation of Subcontractors form. ARTICLE 15. PROPOSER INFORMATION AND EXPERIENCE FORM Each Proposer shall complete the questionnaire provided herein and shall submit the questionnaire along with its Proposal. Failure to provide all information requested within the questionnaire along with the Proposal may cause the Proposal to be rejected as non- responsive. The City reserves the right to reject any Proposal if an investigation of the information submitted does not satisfy the Engineer that the Proposer is qualified to properly carry out the terms of the contract. 61147.02100\20950242.3 _10- 00 21 13-INSTRUCTIONS TO PROPOSERS ARTICLE 16. WORKERS' COMPENSATION CERTIFICATION In accordance with the provisions of Labor Code Section 3700, Contractor shall secure the payment of compensation to its employees. Contractor shall sign and file with the City the following certificate prior to performing the work under this Contract: I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. The form of such Workers' Compensation Certificate is included as part of this document. ARTICLE 17. SIGNING OF PROPOSALS All Proposals submitted shall be executed by the Proposer or its authorized representative. Proposers may be asked to provide evidence in the form of an authenticated resolution of its Board of Directors or a Power of Attorney evidencing the capacity of the person signing the Proposal to bind the Proposer to each Proposal and to any Contract arising therefrom. If a Proposer is a joint venture or partnership, it may be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the joint venturers or partners as a management sponsor to execute the Proposal on behalf of Proposer. Only that joint venturer or partner shall execute the Proposal. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Proposer in all matters relating to the Proposal; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Proposer assumed under the Proposal and under any Contract arising therefrom. The Proposal shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name. ARTICLE 18. SUBMISSION OF SEALED PROPOSALS Once the Proposal and supporting documents have been completed and signed as set forth herein, they shall be placed, along with the Proposal Guarantee and other required materials, in a sealed envelope, addressed and delivered or mailed, postage prepaid, to the Engineering Department of the City before the time and day set for the receipt of Proposals. The envelope shall bear the title of the work and the name of the Proposer. No oral or telephonic Proposals will be considered. No forms transmitted via the internet, e-mail, facsimile, or any other electronic means will be considered unless specifically authorized by the City as provided herein. Proposals received after the time and day set for the receipt of Proposals shall be returned to the Proposer unopened. The envelope shall also contain the following in the lower left-hand corner thereof: Proposal of (Propose 's Name) for the San Juan Capistrano Public Library Repainting (CIP 15302) Only where expressly permitted in the Notice Inviting Proposals may Proposers submit their Proposals via electronic transmission pursuant to Public Contract Code sections 1600 and 1601. Any acceptable method(s) of electronic transmission shall be stated in the Notice Inviting 61147.02100\20950242.3 _11- 00 21 13-INSTRUCTIONS TO PROPOSERS Proposals. City may reject any Proposal not strictly complying with City's designated methods for delivery. ARTICLE 19. OPENING OF PROPOSALS At the time and place set for the opening and reading of Proposals, or any time thereafter, each and every Proposal received prior to the time and day set for the receipt of Proposals will be publicly opened and read. The City will leave unopened any Proposal received after the specified date and time, and any such unopened Proposal will be returned to the Proposer. It is the Proposer's sole responsibility to ensure that its Proposal is received as specified. Proposals may be submitted earlier than the date(s) and time(s) indicated. The public reading of each Proposal will include the following information: A. The name and business location of the Proposer. B. The nature and amount of the Proposal security furnished by Proposer. C. The Proposal amount. Proposers or their representatives and other interested persons may be present at the opening of the Proposals. The City may, in its sole discretion, elect to postpone the opening of the submitted Proposals. The City reserves the right to reject any or all Proposals and to waive any informality or irregularity in any Proposal. ARTICLE 20. WITHDRAWAL OF PROPOSAL Any Proposal may be withdrawn either personally or by written request, incurring no penalty, at any time prior to the scheduled closing time for receipt of Proposals. Requests to withdraw Proposals shall be worded so as not to reveal the amount of the original Proposal. Withdrawn Proposals may be resubmitted until the time and day set for the receipt of Proposals, provided that resubmitted Proposals are in conformance with the instructions herein. Proposals may be withdrawn after Proposal opening only by providing written notice to City within five (5) working days of the Proposal opening and in compliance with Public Contract Code Section 5100 et seq., or as otherwise may be allowed with the consent of the City. ARTICLE 21. PROPOSERS INTERESTED IN MORE THAN ONE PROPOSAL No Proposer shall be allowed to make, file or be interested in more than one Proposal for the same work unless alternate Proposals are specifically called for. A person, firm or corporation that has submitted a sub-proposal to a Proposer, or that has quoted prices of materials to a Proposer, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Proposers. No person, firm, corporation, or other entity may submit a sub-proposal to a Proposer, or quote prices of materials to a Proposer, when also submitting a prime Proposal on the same Project. ARTICLE 22. SUBSTITUTION OF SECURITY The Contract Documents call for monthly progress payments based upon the percentage of the Work completed. The City will retain a percentage of each progress payment as provided by 61147.02100\20950242.3 -12- 00 21 13-INSTRUCTIONS TO PROPOSERS the Contract Documents. At the request and expense of the successful Proposer, the City will substitute securities for the amount so retained in accordance with Public Contract Code Section 22300. ARTICLE 23. PREVAILING WAGES The City has obtained from the Director of the Department of Industrial Relations the general prevailing rate of per diem wages in the locality in which this work is to be performed for each craft or type of worker needed to execute the Contract. These rates are available at the City Clerk's Office of the City or may be obtained online at http://www.dir.ca.gov. Proposers are advised that a copy of these rates must be posted by the successful Proposer at the job site(s). ARTICLE 24. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS In accordance with the provisions of the Labor Code, contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code Sections 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid to a debarred subcontractor by the Contractor for the Project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the Project. ARTICLE 25. INSURANCE REQUIREMENTS Prior to commencing work, the successful Proposer shall purchase and maintain insurance as set forth in the General Conditions. ARTICLE 26. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS The successful Proposer will be required to furnish a Labor and Material Payment Bond and a Faithful Performance Bond each in an amount equal to one hundred percent (100%) of the contract price. Each bond shall be secured from a surety company that meets all State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and is admitted by the State of California. Each bond shall be accompanied, upon the request of City, with all documents required by California Code of Civil Procedure Section 995.660 to the extent required by law. All bonding and insurance requirements shall be completed and submitted to City within ten (10) working days from the date the City provides the successful Proposer with the Notice of Award. ARTICLE 27. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES Contractor and its subcontractors performing work under this Contract will be required to pay California sales tax and other applicable taxes, and to pay for permits, licenses and fees required by the agencies with authority in the jurisdiction in which the Work will be located, unless otherwise expressly provided by the Contract Documents. 61147.02100\20950242.3 _13_ 00 21 13-INSTRUCTIONS TO PROPOSERS ARTICLE 28. PERMIT AND INSPECTION FEE ALLOWANCE Notwithstanding anything contained herein, the Proposal Form contains an allowance for the Contractor's cost of acquiring traffic control permits and for construction inspection fees that may be charged to the Contractor by the Agency of Jurisdiction. The allowance is included within the Proposal Form to eliminate the need by Proposers to research or estimate the costs of traffic control permits and construction inspection fees prior to submitting a Proposal. The allowance is specifically intended to account for the costs of traffic control permits and construction inspection fees charged by the local Agency of Jurisdiction only. No other costs payable by Contractor to the Agency of Jurisdiction are included within the allowance. ARTICLE 29. FILING OF PROPOSAL PROTESTS Proposers may file a "protest" of a Proposal with the City's Public Works Director. In order for a Proposer's protest to be considered valid, the protest must: A. Be filed in writing within five (5) calendar days after the Proposal opening date; B. Clearly identify the specific irregularity or accusation; C. Clearly identify the specific City staff determination or recommendation being protested; D. Specify in detail the grounds for protest and the facts supporting the protest; and E. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each of these requirements, the City may reject the protest without further review. If the protest is timely and complies with the above requirements, the City's Public Works Director or other designated City staff member, shall review the protest, any response from the challenged Proposer(s), and all other relevant information. The Public Works Director will provide a written decision to the protestor. The procedure and time limits set forth in this Article are mandatory and are the sole and exclusive remedy in the event of a Proposal protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the Proposal protest, including filing a Government Code Claim or legal proceedings. ARTICLE 30. BASIS OF AWARD; BALANCED PROPOSAL The City shall award the Contract to the lowest responsible Proposer submitting a responsive Proposal. The lowest Proposal will be determined on the basis of the Total Proposal Price. The City may reject any Proposal which, in its opinion when compared to other Proposals received or to the City's internal estimates, does not accurately reflect the cost to perform the Work. The City may reject as non-responsive any Proposal which unevenly weights or allocates costs, including but not limited to overhead and profit to one or more particular Proposal items. ARTICLE 31. AWARD PROCESS Once all Proposals are opened and reviewed to determine the lowest responsive and 61147.02100\20950242.3 -14- 00 21 13-INSTRUCTIONS TO PROPOSERS responsible Proposer, the City Council may award the contract. The apparent successful Proposer should begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the City notifies the Proposer of the award, the Proposer will have ten (10) working days from the date of this notification to execute the Contract and supply the City with all of the required documents and certifications. Regardless of whether the Proposer supplies the required documents and certifications in a timely manner, the Contract time will begin to run twenty (20) working days from the date of the notification. Once the City receives all of the properly drafted and executed documents and certifications from the Proposer, the City shall issue a Notice to Proceed to that Proposer. ARTICLE 32. EXECUTION OF CONTRACT As required herein the Proposer to whom an award is made shall execute the Contract in the amount determined by the Contract Documents. The City may require appropriate evidence that the persons executing the Contract are duly empowered to do so. The Contract and bond forms to be executed by the successful Proposer are included within these Specifications and shall not be detached. ARTICLE 33. QUESTIONS Questions regarding this Notice Inviting Proposals may be directed to Associate Engineer, Joe Mankawich at (949 487-4313 or email at jmankawich@sanjuancapistrano.org No other members of the City's staff or City Council should be contacted about this procurement during the Proposalding process. Any and all inquiries and comments regarding this Proposal must be communicated in writing, unless otherwise instructed by the City. The City may, in its sole discretion, disqualify any Proposer who engages in any prohibited communications. 61147.02100\20950242.3 -15- 00 21 13-INSTRUCTIONS TO PROPOSERS 00 41 43— PROPOSAL FORMS 1.1 Proposal. Proposals will be received at the City of San Juan Capistrano Administration Office, 32400 Paseo Adelanto, San Juan Capistrano, California, until 2:00 PM on September 29, 2016. NAME OF PROPOSER: To the Honorable City Council of the City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, California 92675 The undersigned hereby declare that we have carefully examined the location of the proposed Work, and have read and examined the Contract Documents, including all plans, specifications, and all addenda, if any for the following Project: SAN JUAN CAPISTRANO PUBLIC LIBRARY PAINTING (CIP 15302) We hereby propose to furnish all labor, materials, equipment, tools, transportation, and services, and to discharge all duties and obligations necessary and required to perform and complete the Project, as described and in strict conformity with the Drawings, and these Specifications for TOTAL PROPOSAL PRICE indicated herein. The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Contract Documents: Addenda No. 1. Attached is the required Proposal Guarantee in the amount of not less than 10% of the Total Proposal Price. 2. Attached is the completed Designation of Subcontractors form. 3. Attached is the fully executed Noncollusion Declaration form. 4. Attached is the completed Iran Contracting Act Certification form. 5. Attached is the completed Public Works Contractor Registration Certification form. 6. Attached is the completed Contractor's Certificate Regarding Workers' Compensation form. 7. Attached is the completed Proposer Information and Experience form. 61147.02100\20950242.3 _16_ 00 41 43-PROPOSAL FORMS A. PROPOSAL SCHEDULE UNIT OF EST. UNIT ITEM NO. ITEM DESCRIPTION MEASURE QTY. PRICE COST 1. Mobilization and Contract LS 1 Processing Costs 2. Diversion of Recyclable LS 1 Waste Materials 3. Repairs, Patching LS 1 4. Painting LS 1 TOTAL The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work. In case of discrepancy between the Unit Price and the Item Cost set forth for a unit basis item, the unit price shall prevail and shall be utilized as the basis for determining the lowest responsive, responsible Proposer. However, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or is the same amount as the entry in the "Item Cost" column, then the amount set forth in the "Item Cost" column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the Unit Price. For purposes of evaluating Proposals, the City will correct any apparent errors in the extension of unit prices and any apparent errors in the addition of lump sum and extended prices. The estimated quantities for Unit Price items are for purposes of comparing Proposals only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price. B. TOTAL PROPOSAL PRICE: TOTAL PROPOSAL PRICE BASED ON PROPOSAL SCHEDULE TOTAL OF UNIT PRICES FOR SAN JUAN CAPISTRANO PUBLIC LIBRARY PAINTING (CIP 15302) Total Proposal Price in Numbers 61147.02100\20950242.3 _17_ 00 41 43-PROPOSAL FORMS Total Proposal Price in Written Form In case of discrepancy between the written price and the numerical price, the written price shall prevail. The undersigned agrees that this Proposal Form constitutes a firm offer to the City which cannot be withdrawn for the number of calendar days indicated in the Notice Inviting Proposals from and after the Proposal opening, or until a Contract for the Work is fully executed by the City and a third party, whichever is earlier. The successful Proposer hereby agrees to sign the contract and furnish the necessary bonds and certificates of insurance within ten (10) working days after the City provides the successful Proposer with the Notice of Award. Upon receipt of the signed contract and other required documents, the contract will be executed by the City, after which the City will prepare a letter giving Contractor Notice to Proceed. The official starting date shall be the date of the Notice to Proceed, unless otherwise specified. The undersigned agrees to begin the Work within ten (10) working days of the date of the Notice to Proceed, unless otherwise specified. The undersigned has examined the location of the proposed work and is familiar with the Drawings and Specifications and the local conditions at the place where work is to be done. If awarded the contract, the undersigned agrees that there shall be paid by the undersigned and by all subcontractors to all laborers, workers and mechanics employed in the execution of such contract no less than the prevailing wage rate within Orange County for each craft, classification, or type of worker needed to complete the Work contemplated by this contract as established by the Director of the Department of Industrial Relations. A copy of the prevailing rate of per diem wages are on file at the City's Administration Office and shall be made available to interested parties upon request. Enclosed find cash, Proposer's bond, or cashier's or certified check No. from the Bank in the amount of which is not less than ten percent (10%) of this Proposal, payable to City of San Juan Capistrano as Proposal security and which is given as a guarantee that the undersigned will enter into a contract and provide the necessary bonds and certificates of insurance if awarded the Work. The Proposer furthermore agrees that in case of Proposer's default in executing said contract and furnishing required bonds and certificates of insurance, the cash, Proposer's bond, or cashier's or certified check accompanying this proposal and the money payable thereon shall become and shall remain the property of the City of San Juan Capistrano. Proposer is an individual or corporation or partnership , organized under the laws of the State of Proposer confirms license(s) required by California State Contractor's License Law for the performance of the subject project are in full effect and proper order. The following are the Proposer's applicable license number(s), with their expiration date(s) and class of license(s): 61147.02100\20950242.3 _18_ 00 41 43-PROPOSAL FORMS If the Proposer is a joint venture, each member of the joint venture must include the required licensing information. Sureties that will furnish the Faithful Performance Bond and the Labor and Material Payment Bond, in the form specified herein, in an amount equal to one hundred percent (100%) of the contract price within ten (10) working days from the date the City provides the successful Proposer the Notice of Award. Sureties must meet all of the State of California bonding requirements, as defined in California Code of Civil Procedure Section 995.120 and must be authorized by the State of California. The insurance company or companies to provide the insurance required in the contract documents must have a Financial Strength Rating of not less than "A-" and a Financial Size Category of not less than "Class VII" according to the latest Best Key Rating Guide. At the sole discretion of the City, the City may waive the Financial Strength Rating and the Financial Size Category classifications for Workers' Compensation insurance. (signatures continued on next page) 61147.02100\20950242.3 -19- 00 41 43-PROPOSAL FORMS I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Proposal and all of the representations made herein are true and correct. Executed at on this day of (Proposers Name— Print or Type) (Name and Title) (Corporate Seal) (Signature) Names of individual members of firm or names and titles of all officers of corporation and their addresses are listed below: Name Title Complete Address Phone FAX Name Title Complete Address Phone FAX Name Title Complete Address Phone FAX Name Title Complete Address Phone FAX 61147.02100\20950242.3 _20_ 00 41 43-PROPOSAL FORMS 1.2 Proposal Bond [Note: Not required when other form of Proposer's Security, e.g. cash, certified check or cashier's check, accompanies Proposal.] The makers of this bond are, as Principal, and as Surety and are held and firmly bound unto the City of San Juan Capistrano, hereinafter called the City, in the penal sum of TEN PERCENT (10%) OF THE TOTAL PROPOSAL PRICE of the Principal submitted to CITY for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the accompanying Proposal dated 20 , for SAN JUAN CAPISTRANO PUBLIC LIBRARY PAINTING (CIP 15302) If the Principal does not withdraw its Proposal within the time specified in the Contract Documents; and if the Principal is awarded the Contract and provides all documents to the City as required by the Contract Documents; then this obligation shall be null and void. Otherwise, this bond will remain in full force and effect. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents shall in affect its obligation under this bond, and Surety does hereby waive notice of any such changes. In the event a lawsuit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and expenses. IN WITNESS WHEREOF, the above-bound parties have executed this instrument under their several seals this day of 20 , the name and corporate seal of each corporation. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title 61147.02100\20950242.3 -21- 00 41 43-PROPOSAL FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On 20 , before me, Notary Public, personally appeared who proved to me on the basis of satisfactory Name(s)of Signer(s) 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 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. 61147.02100\20950242.3 -22- 00 41 43—PROPOSAL FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On 20 , before me, Notary Public, personally appeared 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 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. END OF PROPOSAL BOND 61147.02100\20950242.3 -23- 00 41 43—PROPOSAL FORMS 1.3 List of Subcontractors In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the Public Contract Code of the State of California and any amendments thereof, Proposer shall set forth below: (a) the name and the location of the place of business, (b) the California contractor license number, (c) the DIR public works contractor registration number, and (d) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the Proposer in or about the construction of the work or improvement to be performed under this Contract in an amount in excess of one-half of one percent (0.5%) of the Proposer's Total Proposal Price. Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Proposer shall list each subcontractor who will perform work or labor or render service to the Proposer in or about the work in an amount in excess of one-half of one percent (0.5%) of the Proposer's Total Proposal Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information. If a Proposer fails to specify a subcontractor or if a contractor specifies more than one subcontractor for the same portion of work, then the Proposer shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself. CSLB DIR Work to be Name of Location of Contractor Registration % of done by Subcontractor Subcontractor Business License No. Number Work 61147.02100\20950242.3 -24- 00 41 43-PROPOSAL FORMS Work to be CSLB DIR Name of Location of Contractor Registration % of done by Subcontractor Subcontractor Business License No. Number Work (Attach additional sheets if necessary) Name of Proposer Signature Name and Title Dated 61147.02100\20950242.3 _25_ 00 41 43-PROPOSAL FORMS 1.4 Proposer Information and Experience Form ARTICLE 1. INFORMATION ABOUT PROPOSER (Indicate not applicable ("N/A") where appropriate.) NOTE: Where Proposer is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture. 1.0 Name of Proposer: 2.0 Type, if Entity: 3.0 Proposer Address: Facsimile Number Telephone Number Email Address 4.0 How many years has Proposer's organization been in business as a Contractor? 5.0 How many years has Proposer's organization been in business under its present name? 5.1 Under what other or former names has Proposer's organization operated? 6.0 If Proposer's organization is a corporation, answer the following: 6.1 Date of Incorporation: 6.2 State of Incorporation: 6.3 President's Name: 6.4 Vice-President's Name(s): 6.5 Secretary's Name: 6.6 Treasurer's Name: 61147.02100\20950242.3 _26_ 00 41 43-PROPOSAL FORMS 7.0 If an individual or a partnership, answer the following: 7.1 Date of Organization: 7.2 Name and address of all partners (state whether general or limited partnership): 8.0 If other than a corporation or partnership, describe organization and name principals: 9.0 List other states in which Proposer's organization is legally qualified to do business. 10.0 What type of work does the Proposer normally perform with its own forces? 11.0 Has Proposer ever failed to complete any work awarded to it? If so, note when, where, and why: 12.0 Within the last five years, has any officer or partner of Proposer's organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation: 61147.02100\20950242.3 _27_ 00 41 43-PROPOSAL FORMS 13.0 List Trade References: 14.0 List Bank References (Bank and Branch Address): 15.0 Name of Bonding Company and Name and Address of Agent: [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 61147.02100\20950242.3 _28_ 00 41 43-PROPOSAL FORMS ARTICLE 2. LIST OF CURRENT PROJECTS (BACKLOG) [**Duplicate Page if needed for listing additional current projects.**] Project Description of Completion Date Cost of Proposer's Proposer's Work Work 61147.02100\20950242.3 _29_ 00 41 43-PROPOSAL FORMS ARTICLE 3. LIST OF COMPLETED PROJECTS — LAST THREE YEARS [**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Proposer's ability to perform the required Work. Project Description of Completion Date Cost of Proposer's Proposer's Work Work 61147.02100\20950242.3 _30_ 00 41 43-PROPOSAL FORMS ARTICLE 4. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel: The Proposer shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity. 1. List each person's job title, name and percent of time to be allocated to this project: 2. Summarize each person's specialized education: 3. List each person's years of construction experience relevant to the project: 4. Summarize such experience: Proposer agrees that personnel named in this Proposal will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City. Changes Occuring Since Prequalification If any substantive changes have occurred since Proposer submitted its prequalification package for this Project, Proposer shall list them below. If none are listed, Proposer certifies that no substantive changes have occurred. 61147.02100\20950242.3 -31- 00 41 43-PROPOSAL FORMS Additional Proposer's Statements: If the Proposer feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked: ARTICLE 5. VERIFICATION AND EXECUTION These Proposal Forms shall be executed only by a duly authorized official of the Proposer: I declare under penalty of perjury under the laws of the State of California that the foregoing information is true and correct: Name of Proposer Signature Name Title Date 61147.02100\20950242.3 _32_ 00 41 43-PROPOSAL FORMS 1.5 Non-Collusion Declaration The undersigned declares: I am the of the party making the foregoing Proposal. The Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Proposal is genuine and not collusive or sham. The Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal. The Proposer has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or to refrain from Proposalding. The Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Proposal Price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Proposal Price, or of that of any other Proposer. All statements contained in the Proposal are true. The Proposer has not, directly or indirectly, submitted his or her Proposal Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Proposal depository, or to any member or agent thereof to effectuate a collusive or sham Proposal, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Proposer that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Proposer. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], at [city], [state]. Name of Proposer Signature Name Title 61147.02100\20950242.3 -33- 00 41 43-PROPOSAL FORMS 1.6 Iran Contracting Act Certification. (Public Contract Code section 2200 et seq.) As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor's status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct: ❑ The Contractor is not: (1) identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or (2) a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. ❑ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract. ❑ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000. Signature: Printed Name: Title: Firm Name: Date: Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to Proposal on contracts for three years. <Month><Year> _34_ 00 41 43—PROPOSAL FORMS Pipeline Project XXXX 61147.02100\20950242.3 1.7 Public Works Contractor Registration Certification Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to Proposal on, be listed in a Proposal proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information. No Proposal will be accepted nor any contract entered into without proof of the contractor's and subcontractors' current registration with the Department of Industrial Relations to perform public work. Proposer hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations. Name of Proposer: DIR Registration Number: DIR Registration Expiration: Proposer further acknowledges: 1. Proposer shall maintain a current DIR registration for the duration of the project. 2. Proposer shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of Proposal opening and maintain registration status for the duration of the project. 3. Failure to submit this form or comply with any of the above requirements may result in a finding that the Proposal is non-responsive. Name of Proposer Signature Name and Title Dated <Month><Year> -35- 00 41 43—PROPOSAL FORMS Pipeline Project XXXX 61147.02100\20950242.3 1.8 Contractor's Certificate Regarding Workers' Compensation. I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract. Name of Proposer Signature Name Title Dated <Month><Year> -36- 00 41 43—PROPOSAL FORMS Pipeline Project XXXX 61147.02100\20950242.3 00 52 13— CONTRACT This CONTRACT, No. is made and entered into this day of by and between City of San Juan Capistrano, sometimes hereinafter called "City," and sometimes hereinafter called "Contractor." WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows: a. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project: SAN JUAN CAPISTRANO PUBLIC LIBRARY PAINTING (CIP 15302) The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor's failure to comply with this obligation. a. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the Distric's Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 60 calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. b. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Dollars ($ ). Payment shall be made as set forth in the General Conditions. C. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. d. COMPONENT PARTS OF THE CONTRACT. The "Contract Documents" include the following: Notice Inviting Proposals Instructions to Proposers Proposal Form Proposal Bond Designation of Subcontractors 61147.02100\20950242.3 _37_ 00 52 13-CONTRACT Information Required of Proposers Non-Collusion Declaration Form Iran Contracting Act Certification Public Works Contractor Registration Certification Performance Bond Payment (Labor and Materials) Bond General Conditions Special Conditions Technical Specifications Addenda Plans and Drawings Standard Specifications for Public Works Construction "Greenbook", latest edition, Except Sections 1-9 Applicable Local Agency Standards and Specifications, as last revised Approved and fully executed change orders Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents. All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties. e. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. f. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions. g. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City's Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 61147.02100\20950242.3 -38- SAN JUAN CAPISTRANO PUBLIC LIBRARY PAINTING(CIP 15302) IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written. CITY OF SAN JUAN CAPISTRANO Name of Contractor By By City Manager Name and Title: Date: License No. Date: (CONTRACTOR'S SIGNATURE MUST BE NOTARIZED AND CORPORATE SEAL AFFIXED, IF APPLICABLE) Approved as to form this day of 20 Attorney for City of San Juan Capistrano END OF CONTRACT 61147.02100\20950242.3 -39- SAN JUAN CAPISTRANO PUBLIC LIBRARY PAINTING(CIP 15302) Notary Acknowledgment A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On 20 , before me, Notary Public, personally appeared 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 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above 61147.02100\20950242.3 -40- SAN JUAN CAPISTRANO PUBLIC LIBRARY PAINTING(CIP 15302) 00 61 13— BOND FORMS 1.1 Performance Bond. KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of San Juan Capistrano, (hereinafter referred to as "City") has awarded to , (hereinafter referred to as the "Contractor") an agreement for Contract No. (hereinafter referred to as the "Project"). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated , (hereinafter referred to as "Contract Documents"), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, the undersigned Contractor and as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of DOLLARS, ($ ), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and aProposale by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and 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 City in enforcing such obligation. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15. 61147.02100\20950242.3 -41- 00 61 13-BOND FORMS Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City's option: i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or ii. Obtain a Proposal or Proposals for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible Proposer, arrange for a Contract between such Proposer, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term "balance of the contract price" as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a Proposal from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City's objection to Contractor's further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] 61147.02100\20950242.3 _42_ 00 61 13-BOND FORMS IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 20 (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title The rate of premium on this bond is per thousand. The total amount of premium charges is $ (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) 61147.02100\20950242.3 -43- 00 61 13-BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On 20 , before me, Notary Public, personally appeared 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 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. 61147.02100\20950242.3 -44- 00 61 13—BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On 20 , before me, Notary Public, personally appeared 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 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached. END OF PERFORMANCE BOND 61147.02100\20950242.3 -45- 00 61 13—BOND FORMS 1.2 Payment Bond (Labor and Materials). KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of San Juan Capistrano (hereinafter designated as the "City"), by action taken or a resolution passed , 20 , has awarded to hereinafter designated as the "Principal," a contract for the work described as follows: Contract No. (the "Project"); and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys' fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or 61147.02100\20950242.3 _46_ 00 61 13-BOND FORMS under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 20 (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title 61147.02100\20950242.3 -47- 00 61 13-BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On 20 , before me, Notary Public, personally appeared 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 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above NOTE: This acknowledgment is to be completed for Contractor/Principal. 61147.02100\20950242.3 -48- 00 61 13—BOND FORMS Notary Acknowledgment A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On 20 , before me, Notary Public, personally appeared 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 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. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual Corporate Officer Title(s) Title or Type of Document Partner(s) Limited General Number of Pages Attorney-In-Fact Trustee(s) Guardian/Conservator Date of Document Other: Signer is representing: Name Of Person(s)Or Entity(ies) Signer(s)Other Than Named Above NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. END OF PAYMENT BOND 61147.02100\20950242.3 -49- 00 61 13—BOND FORMS 00 72 13 — GENERAL CONDITIONS ARTICLE 1. DEFINED TERMS Whenever used in the Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined below, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. A. Act of God — An earthquake of magnitude of 3.5 or higher on the Richter scale or a tidal wave. B. Addenda -- Written or graphic instruments issued prior to the submission of Proposals which clarify, correct, or change the Contract Documents. C. Additional Work -- New or unforeseen work will be classified as "Additional Work" when the City's Representative determines that it is not covered by the Contract. D. Applicable Laws -- The laws, statutes, ordinances, rules, codes, regulations, permits, and licenses of any kind, issued by local, state or federal governmental authorities or private authorities with jurisdiction (including utilities), to the extent they apply to the Work. E. Proposal -- The offer or proposal of a Proposer submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. F. Proposer-- The individual or entity who submits a Proposal directly to the City. G. Change Order ("CO") -- A document that authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Contract, in accordance with the Contract Documents and in the form contained in the Contract Documents. H. Change Order Request ("COR") -- A request made by the Contractor for an adjustment in the Contract Price and/or Contract Times as the result of a Contractor- claimed change to the Work. This term may also be referred to as a Change Order Proposal ("COP"), or Request for Change ("RFC"). I. City -- The City of San Juan Capistrano. J. City Council, Council -- The City Council of the City. K. City's Representative -- The individual or entity as identified in the Special Conditions to act as the City's Representative. L. Claim -- A demand or assertion by the City or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 61147.02100\20950242.3 -50- 00 72 13-GENERAL CONDITIONS M. Contract -- The entire integrated written agreement between the City and Contractor concerning the Work. "Contract" may be used interchangeably with "Agreement" in the Contract Documents. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral, and includes all Contract Documents. N. Contract Documents -- The documents listed in Section 00 52 13, Article 5. Some documents provided by the City to the Proposers and Contractor, including but not limited to reports and drawings of subsurface and physical conditions are not Contract Documents. O. Contract Price -- Amount to be paid by the City to the Contractor as full compensation for the performance of the Contract and completion of the Work, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs. P. Contract Times -- The number of days or the dates stated in the Contract Documents to: achieve defined Milestones, if any; and to complete the Work so that it is ready for final payment. Q. Contractor -- The individual or entity with which the City has contracted for performance of the Work. R. Contractor's Designated On-Site Representative -- The Contractor's Designated On- Site Representative will be as identified in Section 00 72 13, Article 3 and shall not be changed without prior written consent of the City. S. Daily Rate -- The Daily Rate stipulated in the Contract Documents as full compensation to the Contractor due to the City's unreasonable delay to the Project that was not contemplated by the parties. T. Day-- A calendar day of 24 hours measured from midnight to the next midnight. U. Defective Work -- Work that is unsatisfactory, faulty, or deficient; or that does not conform to the Contract Documents; or that does not meet the requirements of any inspection, reference standard, test, or approval referenced in the Contract Documents. V. Demobilization -- The complete dismantling and removal by the Contractor of all of the Contractor's temporary facilities, equipment, and personnel at the Site. W. Drawings -- That part of the Contract Documents prepared by of the Engineer of Record which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. X. Effective Date of the Contract -- The date indicated in the Contract on which it becomes effective, but if no such date is indicated, it means the date on which the Contract is signed and delivered by the last of the two parties to sign and deliver. 61147.02100\20950242.3 -51- 00 72 13-GENERAL CONDITIONS Y. Engineer, whenever not qualified, shall mean the City Engineer of the City, acting either directly or through properly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them. On all questions concerning the acceptance of materials, machinery, the classifications of material, the execution of work, conflicting interest of the contractors performing related work and the determination of costs, the decision of the Engineer, duly authorized by the City Council, shall be binding and final upon both parties. Z. Engineer of Record -- The individual, partnership, corporation, joint venture, or other legal entity named as such in Section 00 73 13, Article 1.1. or any succeeding entity designated by the City. AA.Green Book -- The current edition of the Standard Specifications for Public Works Construction promulgated by the Joint Cooperative Committee of the Southern California Chapter American Public Works Association and the Southern California Districts of the Associated General Contractors of California. BB.Hazardous Waste -- The term "Hazardous Waste" shall have the meaning provided in Section 104 of the Solid Waste Disposal Act (42 U.S.C. § 6903) as amended from time to time or, 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, whichever is more restrictive. CC. Holiday—The Holidays occur on: New Year's Day - January 1 President's Day—Third Monday in February Memorial Day - Last Monday in May Independence Day - July 4 Labor Day - First Monday in September Veteran's Day- November 11 Thanksgiving Day - Fourth Thursday in November Friday after Thanksgiving Christmas Eve— December 24 Christmas Day - December 25 Day After Christmas— December 26 New Year's Eve— December 31 If any Holiday listed above falls on a Saturday, Saturday and the preceding Friday are both Holidays. If the Holiday should fall on a Sunday, Sunday and the following Monday are both Holidays. DD. Notice of Award -- The written notice by the City to the Successful Proposer stating that upon timely compliance by the Successful Proposer with the conditions precedent listed therein, the City will sign and deliver the Contract. EE.Notice of Completion -- The form which may be executed by the City and recorded by the county where the Project is located constituting final acceptance of the Project. 61147.02100\20950242.3 -52- 00 72 13-GENERAL CONDITIONS FF.Notice to Proceed --A written notice given by the City to Contractor fixing the date on which the Contractor may proceed with the Work and when Contract Times will commence to run. GG. Project -- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. HH. Recyclable Waste Materials -- Materials removed from the Site which are required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock. ll. Schedule of Submittals -- A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to facilitate scheduled performance of related construction activities. JJ. Shop Drawings -- All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. KK.Specifications -- That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. LL. Stop Payment Notice --A written notice as defined in Civil Code section 8044. MM. Subcontractor -- An individual or entity other than a Contractor having a contract with any other entity than the City for performance of any portion of the Work at the Site. NN. Submittal -- Written and graphic information and physical samples prepared and supplied by the Contractor demonstrating various portions of the Work. 00. Successful Proposer -- The Proposer submitting a responsive Proposal to whom the City makes an award. PP.Su tier -- A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment used in the performance of the Work or to be incorporated in the Work. QQ. Underground Facilities -- All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. RR. Unit Price Work -- Work to be paid for on the basis of unit prices as provided by the Contractor in its Proposal or as adjusted in accordance with the Contract Documents. 61147.02100\20950242.3 -53- 00 72 13-GENERAL CONDITIONS SS.Warranty -- A written guarantee provided to the City by the Contractor that the Work will remain free of defects and suitable for its intended use for the period required by the Contract Documents or the longest period permitted by the law of this State, whichever is longer. TT.Work -- The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. ARTICLE 2. CONTRACT DOCUMENTS A. Contract Documents. The Contract Documents are complementary, and what is called for by one shall be as binding as if called for by all. B. Interpretations. The Contract Documents are intended to be fully cooperative and complementary. If the Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Engineer in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows: 1. Change Orders 2. Addenda 3. Special Conditions 4. Technical Specifications 5. Plans (Contract Drawings) 6. Contract 7. General Conditions 8. Instructions to Proposers 9. Notice Inviting Proposals 10. Contractor's Proposal Forms 11. Standard Specifications for Public Works Construction (Sections 1-9 Excluded) 12. Applicable Local Agency Standards and Specifications 13. Standard Drawings 14. Reference Documents With reference to the Drawings, the order of precedence shall be as follows: 1. Figures govern over scaled dimensions 2. Detail drawings govern over general drawings 3. Addenda or Change Order drawings govern over Contract Drawings 4. Contract Drawings govern over Standard Drawings 5. Contract Drawings govern over Shop Drawings C. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard, higher quality, and most expensive shall always apply. D. Organization of Contract Documents. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control 61147.02100\20950242.3 -54- 00 72 13-GENERAL CONDITIONS the Contractor in dividing Project Work among subcontractors or in establishing the extent of Work to be performed by any trade. ARTICLE 3. PRECONSTRUCTION AND CONSTRUCTION COMMUNICATION Before any Work at the site is started, a conference attended by the City, Contractor, City's Representative, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to herein, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. At this conference the City and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. ARTICLE 4. CONTRACT DOCUMENTS: COPIES & MAINTENANCE Contractor will be furnished, free of charge, five (5) copies of the Contract Documents. Additional copies may be obtained at cost of reproduction. Contractor shall maintain a clean, undamaged set of Contract Documents, including submittals, at the Project site. ARTICLE 5. EXAMINATION OF DRAWINGS, SPECIFICATIONS AND SITE OF WORK A. Examination of Contract Documents. Before commencing any portion of the Work, Contractor shall again carefully examine all applicable Contract Documents, the Project site, and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict, or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements. B. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict, or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work. C. Quality of Parts, Construction and Finish. All parts of the Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish. D. Contractor's Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all applicable laws, ordinances, rules and regulations, the Engineer may at any time, before or after completion of the Work, 61147.02100\20950242.3 -55- 00 72 13-GENERAL CONDITIONS order the improper Work removed, remade or replaced by the Contractor at the Contractor's expense. ARTICLE 6. MOBILIZATION A. When a Proposal item is included in the Proposal Form for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific Proposal item will be included in the progress estimate ("Initial Mobilization"). When no Proposal item is provided for "Initial Mobilization," payment for such costs will be deemed to be included in the other items of the Work. B. Payment for Initial Mobilization based on the lump sum provided in the Proposal Form, which shall constitute full compensation for all such Work. No payment for Initial Mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the Work included under Initial Mobilization shall include, but shall not be limited to, the following principal items: 1. Obtaining and paying for all bonds, insurance, and permits. 2. Moving on to the Project site of all Contractor's plant and equipment required for the first month's operations. 3. Installing temporary construction power, wiring, and lighting facilities, as applicable. 4. Establishing fire protection system, as applicable. 5. Developing and installing a construction water supply, if applicable. 6. Providing and maintaining the field office trailers for the Contractor, if necessary, and the Engineer (if specified), complete, with all specified furnishings and utility services. 7. Providing on-site sanitary facilities and potable water facilities as specified per Cal-OSHA and these Contract Documents. 8. Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer's specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security. 9. Arranging for and erection of Contractor's work and storage yard. 10. Posting all OSHA required notices and establishment of safety programs per Cal- OSHA. 11. Full-time presence of Contractor's superintendent at the job site as required herein. 61147.02100\20950242.3 -56- 00 72 13-GENERAL CONDITIONS 12. Submittal of Construction Schedule as required by the Contract Documents. ARTICLE 7. EXISTENCE OF UTILITIES AT THE WORK SITE A. The City has endeavored to determine the existence of utilities at the Project site from the records of the owners of known utilities in the vicinity of the Project. The positions of these utilities as derived from such records are shown on the Plans. B. Unless indicated otherwise on the Plans and Specifications, no excavations were made to verify the locations shown for underground utilities. The service connections to these utilities are not shown on the Plans. Water service connections may be shown on the Plans showing general locations of such connections. It shall be the responsibility of the Contractor to determine the exact location of all service connections. The Contractor shall make its own investigations, including exploratory excavations, to determine the locations and type of service connections, prior to commencing Work which could result in damage to such utilities. The Contractor shall immediately notify the City in writing of any utility discovered in a different position than shown on the Plans or which is not shown on the Plans. C. If applicable, all water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to final grade by the Contractor. Locations of existing utilities shown on the Plans are approximate and may not be complete. The Contractor shall be responsible for coordinating its Work with all utility companies during the construction of the Work. D. Notwithstanding the above, pursuant to section 4215 of the Government Code, the City has the responsibility to identify, with reasonable accuracy, main or trunkline facilities on the plans and specifications. In the event that main or trunkline utility facilities are not identified with reasonable accuracy in the plans and specifications made a part of the invitation for Proposals, the City shall assume the responsibility for their timely removal, relocation, or protection. E. Contractor, except in an emergency, shall contact the appropriate regional notification center, Southern California Underground Service Alert at 811 or 1- 800-227-2600 or on-line at www.digalert.org at least two working days prior to commencing any excavation if the excavation will be performed in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the City, and obtain an inquiry identification number from that notification center. No excavation shall be commenced or carried out by the Contractor unless such an inquiry identification number has been assigned to the Contractor or any subcontractor of the Contractor and the City has been given the identification number by the Contractor. ARTICLE 8. SOILS INVESTIGATIONS A. Reports and Drawings. The Special Conditions identify: 1. those reports known to the City of explorations and tests of subsurface conditions at or contiguous to the site; and 61147.02100\20950242.3 -57- 00 72 13-GENERAL CONDITIONS 2. those drawings known to the City of physical conditions relating to existing surface or subsurface structures at the site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, which were expressly not created or obtained to evaluate or assist in the evaluation of constructability, and are not Contract Documents. Contractor shall make its own interpretation of the "technical data" and shall be solely responsible for any such interpretations. Except for reliance on the accuracy of such "technical data," Contractor may not rely upon or make any claim against the City, City's Representative, or Engineer of Record, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including without limitation any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, conclusions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. ARTICLE 9. CONTRACTOR'S SUPERVISION Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent acceptable to the City. Superintendent must be able to proficiently speak, read and write in English and shall have the authority to make decisions on behalf of the Contractor. Contractor shall continuously provide efficient supervision of the Project. ARTICLE 10. WORKERS A. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her. B. Any person in the employ of the Contractor whom the City may deem incompetent or unfit shall be dismissed from the Work and shall not be employed on this Project. ARTICLE 11. INDEPENDENT CONTRACTORS Contractor shall be an independent contractor for the City and not an employee. Contractor understands and agrees that it and all of its employees shall not be considered officers, employees, or agents of City and are not entitled to benefits of any kind normally provided employees of City, including but not limited to, state unemployment compensation or workers' compensation. Contractor assumes full responsibility for the acts and omissions of its employees or agents related to the Work. 61147.02100\20950242.3 -58- 00 72 13-GENERAL CONDITIONS ARTICLE 12. SUBCONTRACTS A. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor's portion of the Work. Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and the City. B. The City reserves the right to accept all subcontractors. The City's acceptance of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents. C. Prior to substituting any subcontractor listed in the Proposal Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq. ARTICLE 13. VERIFICATION OF EMPLOYMENT ELIGIBILITY By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors, sub-subcontractors and consultants to comply with the same. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor and that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of the Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in this Article; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements. ARTICLE 14. REQUESTS FOR SUBSTITUTION A. For the purposes of this provision, the term "substitution" shall mean the substitution of any material, method or service substantially equal to or better in every respect to that indicated in the Standard Specifications or otherwise referenced herein. B. Pursuant to Public Contract Code section 3400(b), the City may make a finding that is described in the Notice Inviting Proposals that designates certain products, things, or services by specific brand or trade name. C. Unless specifically designated in the Special Conditions, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such specifications shall be deemed to be used for the purpose of facilitating the description of the material, process, or article desired and shall be deemed to be followed by the words "or equal." Contractor may, unless otherwise stated, offer for substitution any material, process, or article which may be substantially equal to or better in every respect to that so indicated or specified in the Contract Documents. However, the City has adopted uniform standards for certain materials, processes, and articles. 61147.02100\20950242.3 -59- 00 72 13-GENERAL CONDITIONS D. The Contractor shall submit substitution requests, together with substantiating data, for substitution of any "or equal" material, process, or article no later than thirty-five (35) calendar days after award of Contract. Provisions regarding submission of substitution requests shall not in any way authorize an extension of time for the performance of this Contract. If a substitution request is rejected by the City, the Contractor shall provide the material, method or service specified herein. The City shall not be responsible for any costs incurred by the Contractor associated with substitution requests. The burden of proof as to the equality of any material, process, or article shall rest with the Contractor. The Engineer has the complete and sole discretion to determine if a material, process, or article is substantially equal to or better than that specified and to approve or reject all substitution requests. E. Substantiating data as described above shall include, at a minimum, the following information: 1. A signed affidavit from the Contractor stating that the material, process, or article proposed as a substitution is substantially equal to or better than that specified in every way except as may be listed on the affidavit. 2. Illustrations, specifications, catalog cut sheets, and any other relevant data required to prove that the material, process, or article is substantially equal to or better than that specified. 3. A statement of the cost implications of the substitution being requested, indicating whether and why the proposed substitution will reduce or increase the amount of the contract. 4. Information detailing the durability and lifecycle costs of the proposed substitution. F. Failure to submit all the required substantiating data detailed above in a timely manner so that the substitution request can be adequately reviewed may result in rejection of the substitution request. The Engineer is not obligated to review multiple submittals related the same substitution request resulting from the Contractor's failure to initially submit a complete package. G. Time limitations within this Article shall be strictly complied with and in no case will an extension of time for completion of the contract be granted because of Contractor's failure to provide substitution requests at the time and in the manner described herein. H. The Contractor shall bear the costs of all City work associated with the review of substitution requests. I. If substitution requests approved by the Engineer require that Contractor furnish materials, methods or services more expensive than that specified, the increased costs shall be borne by Contractor. 61147.02100\20950242.3 -60- 00 72 13-GENERAL CONDITIONS ARTICLE 15. SHOP DRAWINGS A. Contractor shall check and verify all field measurements and shall submit with such promptness as to provide adequate time for review and cause no delay in its own Work or in that of any other contractor, subcontractor, or worker on the Project, six (6) copies of all shop drawings, calculations, schedules, and materials list, and all other provisions required by the Contract Documents. Contractor shall sign all submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to Engineer. Each signed submittal shall affirm that the submittal meets all the requirements of the Contract Documents except as specifically and clearly noted and listed on the transmittal letter of the submittal. B. Contractor shall make any corrections required by the Engineer, and file with the Engineer six (6) corrected copies each, and furnish such other copies as may be needed for completion of the Work. Engineer's acceptance of shop drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called Engineer's attention to such deviations at time of submission and has secured the Engineer's written acceptance. Engineer's acceptance of shop drawings shall not relieve Contractor from responsibility for errors in shop drawings. ARTICLE 16. SUBMITTALS A. Contractor shall furnish to the Engineer for approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the Contract Documents. The log shall indicate whether samples will be provided in accordance with other provisions of this Contract. B. Contractor will provide samples and submittals, together with catalogs and supporting data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays in the Work. C. These requirements shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, but only for conformance with design concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples and submittals. ARTICLE 17. MATERIALS A. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time. B. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality. 61147.02100\20950242.3 -61- 00 72 13-GENERAL CONDITIONS C. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of the Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work. D. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the Work and agrees upon completion of all work to deliver the Project, to the City free from any claims, liens, or charges. E. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of the City or any independent contractor. F. Contractor shall verify all measurements, dimensions, elevations, and quantities before ordering any materials or performing any Work, and the City shall not be liable for Contractor's failure to so. No additional compensation, over and above payment for the actual quantities at the prices set out in the Proposal Form, will be allowed because of differences between actual measurements, dimension, elevations and quantities and those indicated on the Plans and in the Specifications. Any difference therein shall be submitted to the Engineer for consideration before proceeding with the Work. ARTICLE 18. PERMITS AND LICENSES A. City will apply and pay for the review of necessary encroachment permits for Work within the public rights-of-way. Contractor shall obtain all other necessary permits and licenses for the construction of the Project, including encroachment permits, and shall pay all fees required by law and shall comply with all laws, ordinances, rules and regulations relating to the Work and to the preservation of public health and safety. Before acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to the City. B. The Proposal Form contains an allowance for the Contractor's cost of acquiring traffic control permits and for construction inspection fees that may be charged to the Contractor by the Agency of Jurisdiction. The allowance is included within the Proposal Form to eliminate the need by Proposers to research or estimate the costs of traffic control permits and construction inspection fees prior to submitting a Proposal. The allowance is specifically intended to account for the costs of traffic control permits and construction inspection fees charged by the local Agency of Jurisdiction only. No other costs payable by Contractor to the Agency of Jurisdiction are included within the allowance. Payment by City to Contractor under the Permit and Inspection Allowance Proposal Item shall be made based on actual cost receipts only and in accordance with the provisions of these specifications. ARTICLE 19. TRENCHES A. Trenches Five Feet or More in Depth. Contractor shall submit to the Engineer at the preconstruction meeting, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from hazards of caving 61147.02100\20950242.3 -62- 00 72 13-GENERAL CONDITIONS ground during the excavation of any trench or trenches five feet or more in depth. If such plan varies from shoring system standards established by the Construction Safety Orders of the California Code of Regulations, Department of Industrial Relations, the plan shall be prepared by a California registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations. The Contractor shall designate in writing the "competent person" as defined in Title 8, California Code of Regulations, who shall be present at the Work Site each day that trenching/excavation is in progress. The "competent person" shall prepare and provide daily trenching/excavation inspection reports to the Engineer. Contractor shall also submit a copy of its annual California Occupational Safety and Health Administration (Cal/OSHA) trench/excavation permit. B. Excavations Deeper than Four Feet. If the Work involves excavating trenches or other excavations that extend deeper than four feet below the surface, Contractor shall promptly, and before the excavation is further disturbed, notify the City in writing of any of the following conditions: 1. Material that the 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. 2. Subsurface or latent physical conditions at the site differing from those indicated. 3. 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 The City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the Work, shall issue a change order under the procedures described in the Contract Documents. In the event that a dispute arises between the City and the Contractor as to 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, the 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 parties. ARTICLE 20. TRAFFIC CONTROL A. Traffic control plan(s) for the Work may be required by the Agency(s) of Jurisdiction. Traffic control plans, if required, shall be prepared at Contractor's expense, and traffic control shall be performed at Contractor's expense in accordance with the requirements of the Agency(s) of Jurisdiction. The Permit and Inspection Allowance included within the Proposal Form includes the cost of required traffic control permit(s) and construction inspection by the Agency(s) of Jurisdiction only. The 61147.02100\20950242.3 _63_ 00 72 13-GENERAL CONDITIONS Permit and Inspection Allowance does not include costs for preparation of any required traffic control plans, implementation of any traffic control requirements or for any traffic signal services that may be required. Costs for traffic control plans, implementation of traffic control, or traffic signal services required by the Agency(s) of Jurisdiction shall be included in the Contractor's Proposal. B. All warning signs and safety devices used by the Contractor to perform the Work shall conform to the requirements contained in the State of California, Department of Transportation's current edition of "Manual of Traffic Controls for Construction and Maintenance Work Zones" or to the requirements of the local agency. The Contractor shall also be responsible for all traffic control required by the agency having jurisdiction over the project on the intersecting streets. Contractor must submit a traffic control plan to the agency having jurisdiction over the project for approval prior to starting work. C. The Contractor's representative on the site responsible for traffic control shall produce evidence that he/she has completed training acceptable to the California Department of Transportation for safety through construction zones. All of the streets in which the Work will occur shall remain open to traffic and one lane of traffic maintained at all times unless otherwise directed by the agency of jurisdiction. Businesses and residences adjacent to the Work shall be notified forty-eight (48) hours in advance of closing of driveways. The Contractor shall make every effort to minimize the amount of public parking temporarily eliminated due to construction in areas fronting businesses. No stockpiles of pipe or other material will be allowed in traveled right-of-ways after working hours unless otherwise approved by the Engineer. ARTICLE 21. DIVERSION OF RECYCLABLE WASTE MATERIALS In compliance with the applicable City's waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials to appropriate recycling centers as required for compliance with the local jurisdiction's waste diversion ordinances. Contractor will be required to submit weight tickets and written proof of diversion with its monthly progress payment requests. Contractor shall complete and execute any certification forms required by City or other applicable agencies to document Contractor's compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor. ARTICLE 22. REMOVAL OF HAZARDOUS MATERIALS Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor. 61147.02100\20950242.3 -64- 00 72 13-GENERAL CONDITIONS ARTICLE 23. SANITARY FACILITIES Contractor shall provide sanitary temporary toilet buildings and hand washing facilities for the use of all workers. All toilets and hand washing facilities shall comply with local codes and ordinances. Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets and hand washing facilities shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by Cal/OSHA regulations. The toilets and hand washing facilities shall be maintained in a sanitary condition at all times. Use of toilet and hand washing facilities in the Work under construction shall not be permitted. Any other Sanitary Facilities required by Cal/OSHA shall be the responsibility of the Contractor. ARTICLE 24. AIR POLLUTION CONTROL Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes, including, but not limited to, those required by the South Coast Air Quality Management District. All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements. ARTICLE 25. LAYOUT AND FIELD ENGINEERING All field engineering required for laying out the Work and establishing grades for earthwork operations shall be furnished by the Contractor at its expense. ARTICLE 26. TESTS AND INSPECTIONS A. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority requires any part of the Work to be tested or Approved, Contractor shall provide the Engineer at least two (2) working days' notice of its readiness for observation or inspection. If inspection is by a public authority other than the City, Contractor shall promptly inform the City of the date fixed for such inspection. Required certificates of inspection (or similar) shall be secured by Contractor. Costs for City testing and City inspection shall be paid by the City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor. B. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor's cost in compliance with the Contract Documents. C. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by the City, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations. D. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify the City so that the City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into the Work. 61147.02100\20950242.3 -65- 00 72 13-GENERAL CONDITIONS E. If the manufacture of materials to be inspected or tested will occur in a plant or location greater than sixty (60) miles from the City, the Contractor shall pay for any excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging. F. Reexamination of Work may be ordered by the City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, the City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs. ARTICLE 27. PROTECTION OF WORK AND PROPERTY A. The Contractor shall be responsible for all damages to persons or property that occurs as a result of the Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by the City. All Work shall be solely at the Contractor's risk. Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction. B. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or the City. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by the City and the Contractor. ARTICLE 28. CONTRACTOR'S MEANS AND METHODS Contractor is solely responsible for the means and methods utilized to perform the Work. In no case shall the Contractor's means and methods deviate from commonly used industry standards. ARTICLE 29. AUTHORIZED REPRESENTATIVES The City shall designate representatives, who shall have the right to be present at the Project site at all times. The City may designate an inspector who shall have the right to observe all of the Contractor's Work. The inspector shall not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. Contractor shall provide safe and proper facilities for such access. ARTICLE 30. HOURS OF WORK A. As provided in Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code, Contractor stipulates that eight (8) hours of labor shall constitute 61147.02100\20950242.3 _66_ 00 72 13-GENERAL CONDITIONS a legal day's work. The time of service of any worker employed at any time by the Contractor or by any subcontractor on any subcontract under this Contract upon the Work or upon any part of the Work contemplated by this Contract is limited and restricted to eight (8) hours during any one calendar day and 40 hours during any one calendar week, except as hereinafter provided. Notwithstanding the provisions herein above set forth, work performed by employees of Contractor in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay. B. The Contractor and every subcontractor shall keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed in connection with the Work or any part of the Work contemplated by this Contract. The record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Law Enforcement, Department of Industrial Relations of the State of California. C. The Contractor shall pay to the City a penalty of twenty-five dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Article 3 (commencing at section 1810), Chapter 1, Part 7, Division 2 of the Labor Code. D. Any work necessary to be performed after regular working hours, or on Saturdays and Sundays or other holidays, shall be performed without additional expense to the City. E. City will provide inspection during normal working hours from 7:00 a.m. to 3:30 p.m. Monday through Friday. Inspection before or after this time will be charged to the Contractor as reimbursable inspection time. Inspections on weekends requires two days' notice for review and approval. Upon written request and approval the 8.5 hour working day may be changed to other limits subject to city/county ordinance. F. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on the City-observed holidays, unless otherwise approved by the City: 1. Powered Vehicles 2. Construction Equipment 3. Loading and Unloading Vehicles 4. Domestic Power Tools ARTICLE 31. PAYROLL RECORDS A. Pursuant to Labor Code section 1776, Contractor and all subcontractors shall maintain weekly certified payroll records, showing the names, addresses, Social 61147.02100\20950242.3 -67- 00 72 13-GENERAL CONDITIONS Security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by them in connection with the Work under this Contract. Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. B. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations ("DIR") on the specified interval and format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement. C. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by the City. The Contractor shall also provide the following: 1. A certified copy of the employee's payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request. 2. A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the DIR. D. Unless submitted electronically, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement ("DLSE") of the DIR or shall contain the same information as the forms provided by the DLSE. E. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency, the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor awarded the Contract or performing the contract shall not be marked or obliterated. F. In the event of noncompliance with the requirements of this Article, the Contractor shall have ten (10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. Should noncompliance still be evident after such 10-day period, the Contractor shall pay a penalty of one hundred dollars ($100.00) to the City for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payment then due. G. The responsibility for compliance with this Article shall rest upon the Contractor. 61147.02100\20950242.3 -68- 00 72 13-GENERAL CONDITIONS ARTICLE 32. PREVAILING RATES OF WAGES A. The Contractor is aware of the requirements of Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. Since this Project involves an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Contract from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at the City's Administration Office and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws. B. The Contractor shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the Department of Industrial Relations for such work or craft in which such worker is employed for any public work done under the Contract by it or by any subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor. C. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned. ARTICLE 33. PUBLIC WORKS CONTRACTOR REGISTRATION Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the Department of Industrial Relations prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project. 61147.02100\20950242.3 _69_ 00 72 13-GENERAL CONDITIONS ARTICLE 34. EMPLOYMENT OF APPRENTICES A. Contractor and all subcontractors shall comply with the requirements of Labor Code sections 1777.5 and 1777.6 in the employment of apprentices. B. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. C. Knowing violations of Labor Code section 1777.5 will result in forfeiture not to exceed one hundred dollars ($100.00) for each calendar day of non-compliance pursuant to Labor Code section 1777.7. D. The responsibility for compliance with this Article shall rest upon the Contractor. ARTICLE 35. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Pursuant to Labor Code section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual orientation, or any other classifications protected by law. Employment Eligibility; Contractor. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Contract, and shall not violate any such law at any time during the term of the Contract. Contractor shall avoid any violation of any such law during the term of this Contract by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Contractor shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Contractor's compliance with the requirements provided for or referred to herein. Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any part of the Work or of this Contract to make the same verifications and comply with all requirements and restrictions provided for herein. 61147.02100\20950242.3 -70- 00 72 13-GENERAL CONDITIONS Employment Eligibility; Failure to Comply. Each person executing this Contract on behalf of Contractor verifies that he or she is a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Contract for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for herein; (2) any misrepresentation or material omission concerning compliance with such requirements; or (3) failure to immediately remove from the Work any person found not to be in compliance with such requirements. ARTICLE 36. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS Contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7. Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the City. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project. ARTICLE 37. LABOR/EMPLOYMENT SAFETY The Contractor shall comply with all applicable laws and regulations of the federal, state, and local government, including Cal/OSHA requirements and requirements for verification of employees' legal right to work in the United States. The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. The Contractor shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512. The Contractor shall submit the Illness and Injury Prevention Program and a Project site specific safety program to the City prior to beginning Work at the Project site. Contractor shall maintain a confined space program that meets or exceeds the City Standards. Contractor shall adhere to the City's lock out tag out program. ARTICLE 38. INSURANCE The Contractor shall obtain, and at all times during performance of the Work of Contract, maintain all of the insurance described in this Article. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required hereunder. Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Article. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause. Contractor shall furnish City with original certificates of insurance and endorsements effective coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind 61147.02100\20950242.3 -71- 00 72 13-GENERAL CONDITIONS coverage on its behalf, and shall be on forms acceptable to the City. All certificates and endorsements must be received and approved by the City before Work commences. A. Additional Insureds; Waiver of Subrogation. The City, its officials, officers, employees, agents and authorized volunteers shall be named as Additional Insureds on Contractor's All Risk policy and on Contractor's and its subcontractors' policies of Commercial General Liability and Automobile Liability insurance using, for Contractor's policy/ies of Commercial General Liability insurance, ISO CG forms 20 10 and 20 37 (or endorsements providing the exact same coverage, including completed operations), and, for subcontractors' policies of Commercial General Liability insurance, ISO CG form 20 38 (or endorsements providing the exact same coverage). Notwithstanding the minimum limits set forth in this Contract for any type of insurance coverage, all available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as Additional Insureds hereunder. Contractor and its insurance carriers shall provide a Waiver of Subrogation in favor of those parties. B. Workers' Compensation Insurance. The Contractor shall provide workers' compensation insurance for all of the employees engaged in Work under this Contract, on or at the Site, and, in case of any sublet Work, the Contractor shall require the subcontractor similarly to provide workers' compensation insurance for all the latter's employees as prescribed by State law. Any class of employee or employees not covered by a subcontractor's insurance shall be covered by the Contractor's insurance. In case any class of employees engaged in work under this Contract, on or at the Site, is not protected under the Workers' Compensation Statutes, the Contractor shall provide or shall cause a subcontractor to provide, adequate insurance coverage for the protection of such employees not otherwise protected. The Contractor is required to secure payment of compensation to his employees in accordance with the provisions of section 3700 of the Labor Code. The Contractor shall file with the City certificates of his insurance protecting workers. Company or companies providing insurance coverage shall be acceptable to the City, if in the form and coverage as set forth in the Contract Documents. C. Employer's Liability Insurance. Contractor shall provide Employer's Liability Insurance, including Occupational Disease, in the amount of at least one million dollars ($1,000,000.00) per person per accident. Contractor shall provide City with a certificate of Employer's Liability Insurance. Such insurance shall comply with the provisions of the Contract Documents. The policy shall be endorsed, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement and contain a Waiver of Subrogation in favor of the City. D. Commercial General Liability Insurance. Contractor shall provide "occurrence" form Commercial General Liability insurance coverage at least as broad as the most current ISO CGL Form 00 01, including but not limited to, premises liability, contractual liability, products/completed operations, personal and advertising injury which may arise from or out of Contractor's operations, use, and management of the Site, or the performance of its obligations hereunder. The policy shall not contain any exclusion contrary to this Contract including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 39); or (2) cross-liability for claims or suits against one insured against another. Policy limits shall not be less than $1,000,000 per occurrence for 61147.02100\20950242.3 -72- 00 72 13-GENERAL CONDITIONS bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Defense costs shall be paid in addition to the limits. 1. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor's indemnification obligations to the City, and shall not preclude the City from taking such other actions available to the City under other provisions of the Contract Documents or law. 2. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents. 3. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions relating to liability for injury to or death of persons and damage to property. 4. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, the City may require additional coverage to be purchased by Contractor to restore the required limits. Contractor may combine primary, umbrella, and as broad as possible excess liability coverage to achieve the total limits indicated above. Any umbrella or excess liability policy shall include the additional insured endorsement described in the Contract Documents. 5. All policies of general liability insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. E. Automobile Liability Insurance. Contractor shall provide "occurrence" form Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) in the amount of, at least, one million dollars ($1,000,000) per accident for bodily injury and property damage. Such insurance shall provide coverage with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible, in a form and with insurance companies acceptable to the City. All policies of automobile insurance shall permit and Contractor does hereby waive any right of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. 61147.02100\20950242.3 -73- 00 72 13-GENERAL CONDITIONS F. Builder's Risk ["All Risk"1 1. It is the Contractor's responsibility to maintain or cause to be maintained Builder's Risk ["All Risk"] extended coverage insurance on all work, material, equipment, appliances, tools, and structures that are or will become part of the Work and subject to loss or damage by fire, and vandalism and malicious mischief, in an amount to cover 100% of the replacement cost. The City accepts no responsibility for the Work until the Work is formally accepted by the City. The Contractor shall provide a certificate evidencing this coverage before commencing performance of the Work. 2. The named insureds shall be Contractor, all Subcontractors of any tier (excluding those solely responsible for design work), suppliers, and City, its elected officials, officers, employees, agents and authorized volunteers, as their interests may appear. Contractor shall not be required to maintain property insurance for any portion of the Work following acceptance by City. 3. Policy shall be provided for replacement value on an "all risk" basis. There shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sub-limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site. Such insurance shall be on a form acceptable to City to ensure adequacy and sublimit. 4. In addition, the policy shall meet the following requirements: a. Insurance policies shall be so conditioned as to cover the performance of any extra work performed under the Contract. b. Coverage shall include all materials stored on site and in transit. c. Coverage shall include Contractor's tools and equipment. d. Insurance shall include boiler, machinery and material hoist coverage. G. Contractor's Pollution Liability Coverage. Contractor shall provide pollution liability insurance in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate. H. Contractor shall require all tiers of sub-contractors working under this Contract to provide the insurance required under this Article unless otherwise agreed to in writing by City. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor's coverage does not comply with the foregoing provisions, Contractor shall indemnify 61147.02100\20950242.3 -74- 00 72 13-GENERAL CONDITIONS and hold the City harmless from any damage, loss, cost, or expense, including attorneys' fees, incurred by the City as a result thereof. ARTICLE 39. FORM AND PROOF OF CARRIAGE OF INSURANCE A. Any insurance carrier providing insurance coverage required by the Contract Documents shall be admitted to and authorized to do business in the State of California unless waived, in writing, by the City's Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A:VII. Insurance deductibles or self-insured retentions must be declared by the Contractor. At the election of the City the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses. If umbrella or excess liability coverage is used to meet any required limit(s) specified herein, the Contractor shall provide a "follow form" endorsement satisfactory to the City indicating that such coverage is subject to the same terms and conditions as the underlying liability policy. B. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or cancelled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, officers, agents, employees, and volunteers. C. The Certificates(s) and policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that it shall provide no less than thirty (30) days written notice be given to the City prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, the City may terminate the Contract or stop the Work in accordance with the Contract Documents, unless the City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverage's set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Site, or commence operations under this Contract until the City has been furnished original Certificate(s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Article. The original endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf. D. The Certificate(s) of Insurance, policies and endorsements shall so covenant and shall be construed as primary, and the City's insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory. E. City reserves the right to adjust the monetary limits of insurance coverages during the term of this Contract including any extension thereof if, in the City's reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate. 61147.02100\20950242.3 -75- 00 72 13-GENERAL CONDITIONS F. Contractor shall report to the City, in addition to the Contractor's insurer, any and all insurance claims submitted by the Contractor in connection with the Work under this Contract. ARTICLE 40. TIME FOR COMPLETION AND LIQUIDATED DAMAGES A. Time for Completion/Liquidated Damages. Time is of the essence in the completion of the Work. Work shall be commenced within ten (10) Days of the date stated in the City's Notice to Proceed and shall be completed by Contractor in the time specified in the Contract Documents. The City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by the City's receipt or acceptance of the Contractor's proposed earlier completion date. Furthermore, Contractor shall not, under any circumstances, receive additional compensation from the City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date. If the Work is not completed as stated in the Contract Documents, it is understood that the City will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum stipulated in the Contract for each calendar day of delay until the Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages. B. Inclement Weather. Contractor shall aProposale by the Engineer's determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule. C. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers). Contractor shall within five (5) Days of identifying any such delay notify the City in writing of causes of delay. The City shall ascertain the facts and extent of delay and grant extension of time for completing the Work when, in its judgment, the facts justify such an extension. Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract completion date. D. No Damages for Reasonable Delay. The City's liability to Contractor for delays for which the City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall the City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. Damages caused by unreasonable City delay, including delays caused by items that are the responsibility of the City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages. 61147.02100\20950242.3 _76_ 00 72 13-GENERAL CONDITIONS ARTICLE 41. COST BREAKDOWN AND PERIODIC ESTIMATES Contractor shall furnish on forms Approved by the City: A. Within ten (10) Days of Notice to Proceed with the Contract, a detailed estimate giving a complete breakdown of the Contract price, if the Contract amount is a lump sum. B. A monthly itemized estimate of Work done for the purpose of making progress payments. In order for the City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day of the following month. C. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Proposal Form. D. Following the City's Acceptance of the Work, the Contractor shall submit to the City a written statement of the final quantities of unit price items for inclusion in the final payment request. E. The City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment. Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project. ARTICLE 42. PROGRESS ESTIMATES AND PAYMENT A. By the tenth (10th) Day of the following calendar month, Contractor shall submit to Engineer a payment request which shall set forth in detail the value of the Work done for the period beginning with the date work was first commenced and ending on the end of the calendar month for which the payment request is prepared. Contractor shall include any amount earned for authorized extra work. From the total thus computed, a deduction shall be made in the amount of five percent (5%) for retention, except where the City has adopted a finding that the Work done under the Contract is substantially complex, and then the amount withheld as retention shall be the percentage specified in the Notice Inviting Proposals. From the remainder a further deduction may be made in accordance with Section B below. The amount computed, less the amount withheld for retention and any amounts withheld as set forth below, shall be the amount of the Contractor's payment request. B. The City may withhold a sufficient amount or amounts of any payment or payments otherwise due to Contractor, as in his judgment may be necessary to cover: 1. Payments which may be past due and payable for just claims against Contractor or any subcontractors for labor or materials furnished in and about the performance of work on the Project under this Contract. 2. Defective work not remedied. 61147.02100\20950242.3 _77_ 00 72 13-GENERAL CONDITIONS 3. Failure of Contractor to make proper payments to his subcontractor or for material or labor. 4. Completion of the Contract if there is a reasonable doubt that the Work can be completed for balance then unpaid. 5. Damage to another contractor or a third party. 6. Amounts which may be due the City for claims against Contractor. 7. Failure of Contractor to keep the record ("as-built") drawings up to date. 8. Failure to provide update on construction schedule as required herein. 9. Site cleanup. 10. Failure to comply with Contract Documents. 11. Liquidated damages. 12. Legally permitted penalties. C. The City may apply such withheld amount or amounts to payment of such claims or obligations at its discretion with the exception of subsections (B)(1), (3), and (5) of this Article, which must be retained or applied in accordance with applicable law. In so doing, the City shall be deemed the agent of Contractor and any payment so made by the City shall be considered as a payment made under contract by the City to Contractor and the City shall not be liable to Contractor for such payments made in good faith. Such payments may be made without prior judicial determination of claim or obligations. The City will render Contractor a proper accounting of such funds disbursed on behalf of Contractor. D. Upon receipt, the Engineer shall review the payment request to determine whether it is undisputed and suitable for payment. If the payment request is determined to be unsuitable for payment, it shall be returned to Contractor as soon as practicable but not later than seven (7) Days after receipt, accompanied by a document setting forth in writing the reasons why the payment request is not proper. The City shall make the progress payment within 30 calendar days after the receipt of an undisputed and properly submitted payment request from Contractor, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8132. The number of days available to the City to make a payment without incurring interest pursuant to this paragraph shall be reduced by the number of days by which the Engineer exceeds the seven (7) Day requirement. E. A payment request shall be considered properly executed if funds are available for payment of the payment request and payment is not delayed due to an audit inquiry by the financial officer of the City. ARTICLE 43. SECURITIES FOR MONEY WITHHELD Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor may 61147.02100\20950242.3 _78_ 00 72 13-GENERAL CONDITIONS request the City to make retention payments directly to an escrow agent or may substitute securities for any money withheld by the City to ensure performance under the contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a state or federally chartered bank as the escrow agent who shall return such securities to Contractor upon satisfactory completion of the contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code. ARTICLE 44. CHANGES AND EXTRA WORK. A. Contract Change Orders. 1. The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and the Contract Price and Contract Time shall be adjusted accordingly. Except as otherwise provided herein, all such changes in the Work shall be authorized by Change Order, and shall be performed under the applicable conditions of the Contract Documents. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract Price or the Contract Time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order. 2. Contractor shall promptly execute changes in the Work as directed in writing by the City even when the parties have not reached agreement on whether the change increases the scope of Work or affects the Contract Price or Contract Time. All claims for additional compensation to the Contractor shall be presented in writing. No claim will be considered after the Work in question has been done unless a written Change Order has been issued or a timely written notice of claim has been made by Contractor. 3. Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions, and provisions of the original Contract. 4. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done. 5. No dispute, disagreement, or failure of the parties to reach agreement on the terms of the Change Order shall relieve the Contractor from the obligation to proceed with performance of the work, including Additional Work, promptly and expeditiously. 6. Contractor shall make available to the City any of the Contractor's documents related to the Project immediately upon request of the City, as set forth in Article 52. 7. Any alterations, extensions of time, Additional Work, or any other changes may be made without securing consent of the Contractor's surety or sureties. B. Contract Price Change. 61147.02100\20950242.3 _79_ 00 72 13-GENERAL CONDITIONS 1. Process for Determining Adjustments in Contract Price. a. Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract Price or Contract Time, within seven (7) Days after receipt of a scope of a proposed change order initiated by the City, unless the City requests that proposals be submitted in less than seven (7) Days. b. Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order. c. Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and the City. d. Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by the City, including but not limited to estimates and quotations from subcontractors or material suppliers, as the City may reasonably request. Contractor shall certify the accuracy of all Change Order Requests under penalty of perjury. e. If the Contractor fails to submit a complete cost proposal within the seven (7) Day period (or as requested), the City has the right to order the Contractor in writing to commence the Work immediately on a time and materials basis and/or issue a lump sum change to the Contract Price and/or Contract Time in accordance with the City's estimate. If the change is issued based on the City's estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the added/deleted work, the Contractor presents written proof that the City's estimate was in error. 2. Unit Price Change Orders. a. When the actual quantity of a Unit Price item varies from the Proposal Form, compensation for the change in quantity will be calculated by multiplying the actual quantity by the Unit Price. This calculation may result in either an additive or deductive Final Change Order pursuant to the Contract Documents. b. No Mark up for Overhead and Profit. Because the Contract Unit Prices provided in the Proposal Form include Overhead and Profit as determined by Contractor at the time of Proposal submission, no mark up or deduction for Overhead and Profit will be included in Unit Price Change Orders. c. Proposal items included on the Proposal Form may be deducted from the Work in their entirety without any negotiated extra costs. d. Contractor acknowledges that unit quantities are estimates and agrees that the estimated unit quantities listed on the Proposal Form will be adjusted to reflect the actual unit quantities which may result in an adjustment to the Contract Unit Prices. Such an adjustment will be made by execution of a final 61147.02100\20950242.3 _80_ 00 72 13-GENERAL CONDITIONS additive or deductive Change Order following Contractor's completion of the Work. Upon notification, Contractor's failure to respond within seven (7) Days will result in City's issuance of a unit quantity adjustment to the Contract Unit Prices and/or Contract Time in accordance with the Contract Documents. e. The City or Contractor may make a Claim for an adjustment in the Unit Price in accordance with the Contract Documents if: i. the quantity of any item of Unit Price Work performed by Contractor differs by twenty-five percent (25%) or more from the estimated quantity of such item indicated in the Contract; and ii. there is no corresponding adjustment with respect to any other item of Work; and iii. Contractor believes that Contractor is entitled to an increase in Unit Price as a result of having incurred additional expense or the City believes that the City is entitled to a decrease in Unit Price and the parties are unable to agree as to the amount of any such increase or decrease.. 3. Lump Sum Change Orders. Compensation for Lump Sum Change Orders shall be limited to expenditures necessitated specifically by the Additional Work, and shall be segregated as follows: a. Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the Additional Work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the Additional Work cost will not be permitted unless the Contractor establishes the necessity for such new classifications. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. b. Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight, and delivery. Materials costs shall be based upon supplier or manufacturer's invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the City shall determine the materials cost, at its sole discretion. c. Tool and Equipment Use. Costs for the use of small tools, which are tools that have a replacement value of$1,000 or less, shall be considered included in the Overhead and Profit mark-ups established below. Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, at the time the Work is performed. 4. Time and Materials Change Orders. 61147.02100\20950242.3 -81- 00 72 13-GENERAL CONDITIONS a. General. The term Time and Materials means the sum of all costs reasonably and necessarily incurred and paid by Contractor for labor, materials, and equipment in the proper performance of Additional Work. Except as otherwise may be agreed to in writing by the City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, and shall include only the following items. b. Timely and Final Documentation. i. T&M Daily Sheets. Contractor must submit timesheets, materials invoices, records of equipment hours, and records of rental equipment hours to the City's Representative for an approval signature each day Additional Work is performed. Failure to get the City's Representative's approval signature each Day shall result in a waiver of Contractor's right to claim these costs. The City's Representative's signature on time sheets only serves as verification that the Work was performed and is not indicative of City's agreement to Contractor's entitlement to the cost. ii. T&M Daily Summary Sheets. All documentation of incurred costs ("T&M Daily Summary Sheets") shall be submitted by Contractor within three (3) Days of incurring the cost for labor, material, equipment, and special services as Additional Work is performed. Contractor's actual costs shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and special services. Each T&M Daily Summary Sheet shall include Contractor's actual costs incurred for the Additional Work performed that day and a cumulative total of Contractor's actual costs incurred for the Additional Work. Contractor's failure to provide a T&M Daily Summary Sheet showing a total cost summary within three (3) Days but within five (5) Days of performance of the Work will result in the Contractor's otherwise allowable overhead and profit being reduced by 50% for that portion of Additional Work which was not documented in a timely manner. Contractor's failure to submit the T&M Daily Summary Sheet within five (5) Days of performance of the Work will result in a total waiver of Contractor's right to claim these costs. iii. T&M Total Cost Summary Sheet. Contractor shall submit a T&M Total Cost Summary Sheet, which shall include total actual costs, within seven (7) Days following completion of City approved Additional Work. Contractor's total actual cost shall be presented in a summary table in an electronic spreadsheet file by labor, material, equipment, and special services. Contractor's failure to submit the T&M Total Cost Summary Sheet within seven (7) Days of completion of the Additional Work will result in Contractor's waiver for any reimbursement of any costs associated with the T&M Summary Sheets or the performance of the Additional Work. c. Labor. The Contractor will be paid the cost of labor for the workers used in the actual and direct performance of the Work. The cost of labor will be the sum of the actual wages paid (which shall include any employer payments to or on behalf of the workers for health and welfare, pension, vacation, and similar purposes) substantiated by timesheets and certified payroll for wages 61147.02100\20950242.3 _82_ 00 72 13-GENERAL CONDITIONS prevailing for each craft or type of workers performing the Additional Work at the time the Additional Work is done, and the labor surcharge set forth in the Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the Work is accomplished and which is a part of the Contract. The labor surcharge shall constitute full compensation for all payments imposed by Federal, State, or local laws and for all other payments made to, or on behalf of, the workers, other than actual wages. i. Equipment Operator Exception. Labor costs for equipment operators and helpers shall be paid only when such costs are not included in the invoice for equipment rental. ii. Foreman Exception. The labor costs for foremen shall be proportioned to all of their assigned work and only that applicable to the Additional Work shall be paid. Indirect labor costs, including, without limitation, the superintendent, project manager, and other labor identified in the Contract Documents will be considered Overhead. d. Materials. The cost of materials reported shall be itemized at invoice or lowest current price at which materials are locally available and delivered to the Project site in the quantities involved, plus the cost of sales tax, freight, delivery, and storage. i. Trade discounts available to the purchaser shall be credited to the City notwithstanding the fact that such discounts may not have been taken by Contractor. ii. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by the City's Representative. iii. Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the purchaser for similar materials from said sources on Additional Work items or the current wholesale price for such materials delivered to the Project site, whichever price is lower. iv. If, in the opinion of the City's Representative, the cost of materials is excessive, or Contractor does not furnish satisfactory evidence of the cost of such materials, then the cost shall be deemed to be the lowest current wholesale price for the total quantity concerned delivered to the Project site less trade discounts. V. The City reserves the right to furnish materials for the Additional Work and no Claim shall be allowed by Contractor for costs of such materials or Indirect Costs or profit on City furnished materials. e. Equipment. 61147.02100\20950242.3 _83_ 00 72 13-GENERAL CONDITIONS i. Rental Time. The rental time to be paid for equipment on the Project site shall be the time the equipment is in productive operation on the Additional Work being performed and, in addition, shall include the time required to move the equipment to the location of the Additional Work and return it to the original location or to another location requiring no more time than that required to return it to its original location; except that moving time will not be paid if the equipment is used on other than the Additional Work, even though located at the site of the Additional Work. (a) Rental Time Not Allowed. Rental time will not be allowed while equipment is inoperative due to breakdowns. (b) Computation Method. The following shall be used in computing the rental time of equipment on the Project site. (i) When hourly rates are paid, any part of an hour less than 30 minutes of operation shall be considered to be 1/2-hour of operation, and any part of an hour in excess of 30 minutes will be considered one hour of operation. (ii) When daily rates are paid, any part of a day less than 4 hours operation shall be considered to be 1/2-day of operation, and any part of an hour in excess of 4 hours will be considered one day of operation. ii. Rental Rates. Contractor will be paid for the use of equipment at the lesser of (i) the actual rental rate, or (ii) the rental rate listed for that equipment in the California Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the Contract was executed. Such rental rates will be used to compute payments for equipment whether the equipment is under Contractor's control through direct ownership, leasing, renting, or another method of acquisition. The rental rate to be applied for use of each item of equipment shall be the rate (i.e., daily, monthly) resulting in the least total cost to the City for the total period of use. If it is deemed necessary by Contractor to use equipment not listed in the publication, an equitable rental rate for the equipment will be established by the City's Representative. Contractor may furnish cost data which might assist the City's Representative in the establishment of the rental rate. iii. Contractor-Owned Equipment. (a) For Contractor-owned equipment, the allowed equipment rental rate will be limited to the monthly equipment rental rate using a utilization rate of 173 hours per month. (b) For Contractor-owned equipment, the rental time to be paid for equipment on the Site shall be the time the equipment is in productive operation, unless, in the instance of standby time, the equipment could be actively used by Contractor on another project, then City shall pay for the entirety of the time the equipment is on 61147.02100\20950242.3 -84- 00 72 13-GENERAL CONDITIONS Site. It shall be Contractor's burden to demonstrate to the City that the equipment could be actively used on another project. iv. All equipment shall, in the opinion of the City's Representative, be in good working condition and suitable for the purpose for which the equipment is to be used. V. Before construction equipment is used on the Additional Work, Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the City's Representative, in duplicate, a description of the equipment and its identifying number and the scheduled Additional Work activities planned. vi. Unless otherwise specified, manufacturer's rating and manufacturer approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer. f. Special Services. Special work or services are defined as that Additional Work characterized by extraordinary complexity, sophistication, or innovation or a combination of the foregoing attributes which are unique to the construction industry. i. Invoices for Special Services. When the City's Representative and Contractor determine that a special service is required which cannot be performed by the forces of Contractor or those of any of its Subcontractors, the special service may be performed by an entity especially skilled in the Additional Work. Invoices for special services based upon the current fair market value thereof may be accepted without complete itemization of labor, material, and equipment rental costs, after validation of market values by the City's Representative. ii. Discount and Allowance. All invoices for special services will be adjusted by deducting all trade discounts offered or available, whether the discounts were taken or not. In lieu of Overhead and Profit specified herein, a total allowance not to exceed fifteen percent (15%) for Overhead and Profit will be added to invoices for Special Services. iii. When the City determines, in its sole discretion, that competitive Proposalding is necessary for certain special services, Contractor shall solicit competitive Proposals for those special services. g. Excluded Costs. The term Time and Material shall not include any of the following costs or any other home or field office overhead costs, all of which are to be considered administrative costs covered by Contractor's allowance for Overhead and Profit. i. Overhead Cost. Payroll costs and other compensation of Contractor's officers, executives, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting 61147.02100\20950242.3 -85- 00 72 13-GENERAL CONDITIONS agents, timekeepers, clerks, and other personnel employed by Contractor whether at the Site or in Contractor's principal office or any branch office, material yard, or shop for general administration of the Additional Work; ii. Office Expenses. Expenses of Contractor's principal and branch offices; iii. Capital Expenses. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Additional Work and charges against Contractor for delinquent payments; iv. Negligence. Costs due to the negligence of Contractor or any Subcontractor or Supplier, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including without limitation the correction of Defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property; V. Other. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in the Contract Documents; vi. Small Tools. Cost of small tools valued at less than $1,000 and that remain the property of Contractor; vii. Administrative Costs. Costs associated with the preparation of Change Orders (whether or not ultimately authorized), cost estimates, or the preparation or filing of Claims; viii. Anticipated Lost Profits. Expenses of Contractor associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings, or unpaid retention; ix. Home Office Overhead. Costs derived from the computation of a "home office overhead" rate by application of the Eichleay, Allegheny, burden fluctuation, or other similar methods; X. Special Consultants and Attorneys. Costs of special consultants or attorneys, whether or not in the direct employ of Contractor, employed for services specifically related to the resolution of a Claim, dispute, or other matter arising out of or relating to the performance of the Additional Work. h. Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following: i. "Net Cost" is defined as consisting of costs of labor, materials, and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond premium will be reimbursed to the Contractor and subcontractors at cost only, without mark-up. Contractor shall provide City with documentation of the costs, including, but not 61147.02100\20950242.3 -86- 00 72 13-GENERAL CONDITIONS limited to, payroll records, invoices, and such other information as City may reasonably request. ii. For Work performed by the Contractor's forces, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost of the Work. iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the subcontractor's Net Cost of the Work to which the Contractor may add five percent (5%) of the subcontractor's Net Cost. iv. For Work performed by a sub-subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the sub- subcontractor's Net Cost for Work to which the subcontractor and general contractor may each add an additional five percent (5%) of the Net Cost of the lower tier subcontractor. V. No additional mark-up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five percent (25%) of the Net Cost as defined herein, of the party that performs the Work. 5. All of the following costs are included in the markups for overhead and profit described above, and Contractor shall not receive any additional compensation for: Submittals, drawings, field drawings, Shop Drawings, including submissions of drawings; field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting documentation; computer services; reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary On-Site facilities (Offices, Telephones, High Speed Internet Access, Plumbing, Electrical Power, Lighting; Platforms, Fencing, Water), Jobsite and Home office overhead or other expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final Cleanup; Other Incidental Work; Related Warranties; insurance and bond premiums. 6. For added or deducted Work by subcontractors, the Contractor shall furnish to the City the subcontractor's signed detailed record of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors 7. For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to the City a detailed record of the cost to the Contractor, signed by such vendor or supplier. 8. Any change in the Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an increase in the Contract Price; overhead and profit allowances shall not be applied if the net 61147.02100\20950242.3 -87- 00 72 13-GENERAL CONDITIONS total cost is a deduction to the Contract Price. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed. 9. Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the Change Order for Work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify the City's change order form in an attempt to reserve additional rights. 10. If the City disagrees with the proposal submitted by Contractor, it will notify the Contractor and the City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with the City, a Change Order will be issued by the City. If no agreement can be reached, the City shall have the right to issue a unilateral Change Order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to the City within fifteen (15) Days of the issuance of the unilateral Change Order, disputing the terms of the unilateral Change Order, and providing such supporting documentation for its position as the City may require. C. Change of Contract Times. 1. The Contract Times may only be changed by a Change Order. 2. All changes in the Contract Price and/or adjustments to the Contract Times related to each change shall be included in Contractor's COR pursuant to this Article. No cost or time will be allowed for cumulative effects of multiple changes. All Change Orders must state that the Contract Time is not changed or is either increased or decreased by a specific number of days. Failure to include a change to time shall waive any change to the time unless the parties mutually agree in writing to postpone a determination of the change to time resulting from the Change Order. 3. Notice of the amount of the request for adjustment in the Contract Times with supporting data shall be delivered within seven (7) Days after such start of occurrence, unless City's Representative allows an additional period of time to ascertain more accurate data in support of the request. No extension of time or additional compensation shall be given for a delay if the Contractor failed to give notice in the manner and within the time prescribed. 4. City may elect, at City's sole discretion, to grant an extension in Contract Times, without Contractor's request, because of delays or other factors. 5. Use of Float and Critical Path. a. Float is for the benefit of the Project. Float shall not be considered for the exclusive use or benefit of either the City or the Contractor. 61147.02100\20950242.3 _88_ 00 72 13-GENERAL CONDITIONS b. Contractor shall not be entitled to compensation, and City will not compensate Contractor, for delays which impact early completion. Any difference in time between the Contractor's early completion and the Contract Time shall be considered a part of the Project float. 6. Contractor's entitlement to an extension of the Contract Times is limited to a City- caused extension of the critical path, reduced by the Contractor's concurrent delays, and established by a proper time impact analysis. No time extension shall be allowed unless, and then only to the extent that, the City-caused delay extends the critical path beyond the previously approved Contract Time. If approved, the increase in time required to complete the Work shall be added to the Contract Time. a. Contractor shall not be entitled to an adjustment in the Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. b. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions (as determined by the City), Acts of God, acts or failures to act of utility owners not under the control of City, or other causes not the fault of and beyond control of City and Contractor, then Contractor shall be entitled to an time extension when the Work stopped is on the critical path. Such a non-compensable adjustment shall be Contractor's sole and exclusive remedy for such delays. Contractor must submit a timely request in accordance with the requirements of this Article. c. Utility-Related Delays. i. Contractor shall immediately notify in writing the utility owner and City's Representative of its construction schedule and any subsequent changes in the construction schedule which will affect the time available for protection, removal, or relocation of utilities. Requests for extensions of time arising out of utility relocation or repair delays shall be filed in accordance with this Article. ii. Contractor shall not be entitled to damages or additional payment for delays attributable to utility relocations or alterations if correctly located, as noted in the Contract Documents or by the Underground Service Alert survey. 7. Content for Requests for Contract Extension. Contractor's justification for entitlement shall be clear and complete citing specific Contract Document references and reasons on which Contractor's entitlement is based. At a minimum, each request for a time extension must include: a. Each request for an extension of Contract Time must identify the impacting event, in narrative form, providing a description of the delay event and sufficient justification as to why the Contractor is entitled to a time extension. Contractor must demonstrate that the delay arises from unforeseeable 61147.02100\20950242.3 -89- 00 72 13-GENERAL CONDITIONS causes beyond the control and without the fault or negligence of both Contractor and any Subcontractors or Suppliers, or any other persons or organizations employed by any of them or for whose acts any of them may be liable, and that such causes in fact lead to performance or completion of the Work, or specified part in question, beyond the corresponding Contract Times, despite Contractor's reasonable and diligent actions to guard against those effects. b. Each request for an extension of Contract Time must include a time impact analysis in CPM format, using the Contemporaneous Impacted As-Planned Schedule Analysis to calculate the impact of the delay event. 8. No Damages for Reasonable Delay. a. City's liability to Contractor for delays for which City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs. b. Damages caused by unreasonable City delay that impact the critical path, including delays caused by items that are the responsibility of the City pursuant to Government Code section 4215, shall be compensated at the Daily Rate established in the Special Conditions. No other calculations, proportions or formulas shall be used to calculate any delay damages. c. City and City's Representative, and the officers, members, partners, employees, agents, consultants, or subcontractors of each of them, shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 9. Contractor's failure, neglect, or refusal to comply with the requirements of the Contract Documents, or any portion thereof, shall bar Contractor's request for extensions of the Contract Times. Such failure, neglect, or refusal prejudices City's and City's Representative's ability to recognize and mitigate delay, and such failure, neglect, or refusal prevent the timely analysis of requests for extensions of Contract Times, and whether such extensions may be warranted. Contractor hereby waives all rights to extensions of Contract Times due to delays or accelerations that result from or occur during periods of time for which Contractor fails, neglects, or refuses to fully comply with the requirements of this Article. ARTICLE 45. FINAL ACCEPTANCE AND PAYMENT A. The acceptance of the Work on behalf of the City will be made by the Engineer. Such acceptance by the City shall not constitute a waiver of defects. When the Work has been accepted there shall be paid to Contractor a sum equal to the contract price less any amounts previously paid Contractor and less any amounts withheld by 61147.02100\20950242.3 _90_ 00 72 13-GENERAL CONDITIONS the City from Contractor under the terms of the contract. The final five percent (5%), or the percentage specified in the notice inviting Proposals where the City has adopted a finding of substantially complete, shall not become due and payable until five (5) calendar days shall have elapsed after the expiration of the period within which all claims may be filed under the provisions of Civil Code section 9356. If the Contractor has placed securities with the City as described herein, the Contractor shall be paid a sum equal to one hundred percent (100%) of the contract price less any amounts due the City under the terms of the Contract. B. Unless Contractor advises the City in writing prior to acceptance of the final five percent (5%) or the percentage specified in the notice inviting Proposals where the City has adopted a finding of substantially complete, or the return of securities held as described herein, said acceptance shall operate as a release to the City of all claims and all liability to Contractor for all things done or furnished in connection with this work and for every act of negligence of the City and for all other claims relating to or arising out of this work. If Contractor advises the City in writing prior to acceptance of final payment or return of the securities that there is a dispute regarding the amount due the Contractor, the City may pay the undisputed amount contingent upon the Contractor furnishing a release of all undisputed claims against the City with the disputed claims in stated amounts being specifically excluded by Contractor from the operation of the release. No payments, however, final or otherwise, shall operate to release Contractor or its sureties from the Faithful Performance Bond, Labor and Material Payment Bond, or from any other obligation under this contract. C. In case of suspension of the contract any unpaid balance shall be and become the sole and absolute property of the City to the extent necessary to repay the City any excess in the cost of the Work above the contract price. D. Final payment shall be made no later than 60 days after the date of acceptance of the Work by the City or the date of occupation, beneficial use and enjoyment of the Work by the City including any operation only for testing, start-up or commissioning accompanied by cessation of labor on the Work, provided that a release of liens and claims has been received from the Contractor pursuant to Civil Code section 8136. In the event of a dispute between the City and the Contractor, the City may withhold from the final payment an amount not to exceed 150% of the disputed amount. E. Within ten (10) calendar days from the time that all or any portion of the retention proceeds are received by Contractor, Contractor shall pay each of its subcontractors from whom retention has been withheld each subcontractor's share of the retention received. However, if a retention payment received by Contractor is specifically designated for a particular subcontractor, payment of the retention shall be made to the designated subcontractor if the payment is consistent with the terms of the subcontract. ARTICLE 46. OCCUPANCY The City reserves the right to occupy or utilize any portion of the Work at any time before completion, and such occupancy or use shall not constitute acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract. 61147.02100\20950242.3 _91- 00 72 13-GENERAL CONDITIONS ARTICLE 47. INDEMNIFICATION To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City's choosing), indemnify and hold harmless the City, officials, officers, agents, employees, and representatives, and each of them from and against: A. Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney's fees and other related costs and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers. B. Contractor's defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney's fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor's Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor's construction of the improvements. C. Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor; D. Any and all losses, expenses, damages (including damages to the Work itself), attorney's fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor's obligations under the agreement. Such costs, expenses, and damages shall include all costs, including attorney's fees, incurred by the indemnified parties in any lawsuit to which they are a party. Contractor shall immediately defend, at Contractor's own cost, expense and risk, with the City Council's choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782. 61147.02100\20950242.3 _92_ 00 72 13-GENERAL CONDITIONS ARTICLE 48. PROCEDURE FOR RESOLVING DISPUTES In accordance with Public Contract Code sections 20104 et seq, and other applicable law, public works claims of $375,000 or less which arise between the Contractor and the City shall be resolved under the following statutory procedure unless the City has elected to resolve the dispute pursuant to Public Contract Code section 10240 et seq. A. All Claims. All claims shall be submitted in writing and accompanied by substantiating documentation. Claims must be filed on or before the date of final payment unless other notice requirements are provided in the contract. "Claim" means a separate demand by the Contractor for (1) a time extension, (2) payment of money or damages arising from work done by or on behalf of the Contractor and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled, or (3) an amount the payment of which is disputed by the City. B. Claims Under $50,000. The City shall respond in writing to the claim within 45 calendar days of receipt of the claim, or, the City may request, in writing, within 30 calendar days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have. If additional information is needed thereafter, it shall be provided upon mutual agreement of the City and the Contractor. The City's written response shall be submitted 15 calendar days after receiving the additional documentation, or within the same period of time taken by the Contractor to produce the additional information, whichever is greater. C. Claims over $50,000 but less than or equal to $375,000. The City shall respond in writing within 60 calendar days of receipt, or, may request in writing within 30 calendar days of receipt of the claim, any additional documents supporting the claim or relating to defenses or claims the City may have against the City. If additional information is needed thereafter, it shall be provided pursuant to mutual agreement between the City and the Contractor. The City response shall be submitted within 30 calendar days after receipt of the further documents, or within the same period of time taken by the Contractor to produce the additional information or documents, whichever is greater. The Contractor shall make these records and documents available at all reasonable times, without any direct charge. D. All Claims. The Contractor will submit the claim justification in the following format: 1. Summary of claim merit and price, and Contract clause pursuant to which the claim is made. 2. List of documents relating to claim: a. Specifications b. Drawings c. Clarifications (Requests for Information) d. Schedules e. Other (All Related Documents) 3. Chronology of events and correspondence. 4. Analysis of claim merit. 61147.02100\20950242.3 _93_ 00 72 13-GENERAL CONDITIONS 5. Analysis of claim cost. 6. Analysis of time impact analysis in CPM format. 7. Cover letter and certification of validity of the claim. E. All Claims. If the Contractor disputes the City's response, or if the City fails to respond within the statutory time period(s), the Contractor may so notify the City within 15 calendar days of the receipt of the response or the failure to respond, and demand an informal conference to meet and confer for settlement. Upon such demand, the City shall schedule a meet and confer conference within 30 calendar days. F. The Contractor must comply with the claims filing procedures set forth in Government Code sections 900 et seq. for any claim or any portion thereof that remains in dispute, after the meet and confer conference. For purposes of those provisions, the time within which a claim must be filed shall be tolled from the time the Contractor submits the written claim until the time the claim is denied, including any time utilized for the meet and confer conference. Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by the City, is a condition precedent to any action, proceeding, litigation, suit, general conditions claim, or demand for arbitration by Contractor. G. Government Code Claim. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. ARTICLE 49. CITY'S RIGHT TO TERMINATE CONTRACT A. Termination for Cause by the City: 1. In the sole estimation of the City, if the Contractor refuses or fails to prosecute the Work or any separable part thereof with such diligence as will insure its completion within the time specified by the Contract Documents, or any extension thereof, or fails to complete such Work within such time, or if the Contractor should be adjudged a bankrupt, or if it should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or the Contractor or any of its subcontractors should violate any of the provisions of this Contract, the City may serve written notice upon the Contractor and its Surety of the City's intention to terminate this Contract. This notice of intent to terminate shall contain the reasons for such intention to terminate this Contract, and a statement to the effect that the 61147.02100\20950242.3 _94_ 00 72 13-GENERAL CONDITIONS Contractor's right to perform this Contract shall cease and terminate upon the expiration of ten (10) calendar days unless such violations have ceased and arrangements satisfactory to the City have been made for correction of said violations. 2. In the event that the City serves such written notice of termination upon the Contractor and the Surety, the Surety shall have the right to take over and perform the Contract. If the Surety does not: (1) give the City written notice of Surety's intention to take over and commence performance of the Contract within 15 calendar days of the City's service of said notice of intent to terminate upon Surety; and (2) actually commence performance of the Contract within 30 calendar days of the City's service of said notice upon Surety; then the City may take over the Work and prosecute the same to completion by separate contract or by any other method it may deem advisable for the account and at the expense of the Contractor. 3. In the event that the City elects to obtain an alternative performance of the Contract as specified above: (1) the City may, without liability for so doing, take possession of and utilize in completion of the Work such materials, appliances, plants and other property belonging to the Contractor that are on the site and reasonably necessary for such completion (A special lien to secure the claims of the City in the event of such suspension is hereby created against any property of Contractor taken into the possession of the City under the terms hereof and such lien may be enforced by sale of such property under the direction of the City Council without notice to Contractor. The proceeds of the sale after deducting all expenses thereof and connected therewith shall be credited to Contractor. If the net credits shall be in excess of the claims of the City against Contractor, the balance will be paid to Contractor or Contractor's legal representatives.); and (2) Surety shall be liable to the City for any cost or other damage to the City necessitated by the City securing an alternate performance pursuant to this Article. B. Termination for Convenience by the City: 1. The City may terminate performance of the Work called for by the Contract Documents in whole or, from time to time, in part, if the City determines that a termination is in the City's interest. 2. The Contractor shall terminate all or any part of the Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of the City, the extent of termination, and the Effective Date of such termination. 3. After receipt of Notice of Termination, and except as directed by the City's Representative, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations: a. Stop Work as specified in the Notice. 61147.02100\20950242.3 -95- 00 72 13-GENERAL CONDITIONS b. Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents. c. Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Document is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety. d. Terminate all subcontracts to the extent that they relate to the portions of the Work terminated. e. Place no further subcontracts or orders, except as necessary to complete the continued portion of the Contract. f. Submit to the City's Representative, within ten (10) calendar days from the Effective Date of the Notice of Termination, all of the usual documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of the City's exercise of its right to terminate this Contract pursuant to this clause, which costs the contractor is authorized under the Contract documents to incur, shall: (1) be submitted to and received by the Engineer no later than 30 calendar days after the Effective Date of the Notice of Termination; (2) describe the costs incurred with particularity; and (3) be conspicuously identified as "Termination Costs occasioned by the City's Termination for Convenience." 4. Termination of the Contract shall not relieve Surety of its obligation for any just claims arising out of or relating to the Work performed. 5. In the event that the City exercises its right to terminate this Contract pursuant to this clause, the City shall pay the Contractor, upon the Contractor's submission of the documentation required by this clause and other applicable provisions of the Contract Documents, the following amounts: a. All actual reimbursable costs incurred according to the provisions of this Contract. b. A reasonable allowance for profit on the cost of the Work performed, provided Contractor establishes to the satisfaction of the City's Representative that it is reasonably probable that Contractor would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed fifteen (15%) percent of the costs. c. A reasonable allowance for Contractor's administrative costs in determining the amount payable due to termination of the Contract under this Article. C. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, the City may immediately order Contractor to cease Work on the Project until such safety 61147.02100\20950242.3 _96_ 00 72 13-GENERAL CONDITIONS or liability issues are addressed to the satisfaction of the City or the Contract is terminated. ARTICLE 50. WARRANTY AND GUARANTEE OF WORK A. Contractor hereby warrants that materials and Work shall be completed in conformance with the Contract Documents and that the materials and Work provided will fulfill the requirements of this Warranty. Contractor hereby agrees to repair or replace, at the discretion of the City, any or all Work that may prove to be defective in its workmanship, materials furnished, methods of installation or fail to conform to the Contract Document requirements together with any other Work which may be damaged or displaced by such defect(s) within a period of one (1) year from the date of the Notice of Completion of the Project without any expense whatever to the City, ordinary wear and tear and unusual abuse and neglect excepted. Contractor shall be required to promptly repair or replace defective equipment or materials, at Contractor's option. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. B. For any Work so corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected Work. The reinstatement of the one (1) year warranty shall apply only to that portion of work that was corrected. Contractor shall perform such tests as City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. In the event of Contractor's failure to comply with the above- mentioned conditions within ten (10) calendar days after being notified in writing of required repairs, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder immediately upon demand. C. In addition to the warranty set forth in this Article, Contractor shall obtain for City all warranties that would be given in normal commercial practice and assign to City any and all manufacturer's or installer's warranties for equipment or materials not manufactured by Contractor and provided as part of the Work, to the extent that such third-party warranties are assignable and extend beyond the warranty period set forth in this Article. Contractor shall furnish the City with all warranty and guarantee documents prior to final Acceptance of the Project by the City as required. D. When specifically indicated in the Contract Documents or when directed by the Engineer, the City may furnish materials or products to the Contractor for installation. In the event any act or failure to act by Contractor shall cause a warranty applicable to any materials or products purchased by the City for installation by the Contractor to be voided or reduced, Contractor shall indemnify City from and against any cost, expense, or other liability arising therefrom, and shall be responsible to the City for the cost of any repairs, replacement or other costs that would have been covered by the warranty but for such act or failure to act by Contractor. 61147.02100\20950242.3 -97- 00 72 13-GENERAL CONDITIONS E. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property. F. The City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) calendar days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect, or damage; the City shall have the right to replace, repair or otherwise remedy the defect, or damage at the Contractor's expense. G. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, the City may undertake at Contractor's expense, and without prior notice, all Work necessary to correct such condition. H. Acceptance of Defective Work. 1. If, instead of requiring correction or removal and replacement of Defective Work, the City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to City's evaluation of and determination to accept such Defective Work and for the diminished value of the Work. 2. If any acceptance of defective work occurs prior to release of the Project Retention, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work and all costs incurred by City. 3. If the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to City. 4. If the acceptance of Defective Work occurs after release of the Project Retention, an appropriate amount will be paid by Contractor to City. I. City May Correct Defective Work. 1. If Contractor fails within a reasonable time after written notice from City's Representative to correct Defective Work, or to remove and replace rejected Work as required by City, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) Days' written notice to Contractor, correct, or remedy any such deficiency. 2. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at the Site, 61147.02100\20950242.3 -98- 00 72 13-GENERAL CONDITIONS and incorporate in the Work all materials and equipment stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City and City's Representative, and the agents, employees, other contractors, and consultants of each of them, access to the Site to enable City to exercise the rights and remedies to correct the Defective Work. 3. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by City correcting the Defective Work will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions into the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. 4. Such claims, costs, losses and damages will include, but not be limited to, all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Defective Work. 5. If the Change Order is executed after all payments under the Contract have been paid by City and the Project Retention is held in an escrow account as permitted by the Contract Documents, Contractor will promptly alert the escrow holder, in writing, of the amount of Retention to be paid to City. 6. If the Change Order is executed after release of the Project Retention, an appropriate amount will be paid by Contractor to City. 7. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to City correcting Defective work. J. Nothing in the Warranty or in the Contract Documents shall be construed to limit the rights and remedies available to City at law or in equity, including, but not limited to, Code of Civil Procedure section 337.15. ARTICLE 51. DOCUMENT RETENTION & EXAMINATION A. In accordance with Government Code section 8546.7, records of both the City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment. B. Contractor shall make available to the City any of the Contractor's other documents related to the Project immediately upon request of the City. C. In addition to the State Auditor rights above, the City shall have the right to examine and audit all books, estimates, records, contracts, documents, Proposal documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to the City, for a period of four (4) years after final payment. 61147.02100\20950242.3 _99_ 00 72 13-GENERAL CONDITIONS ARTICLE 52. SEPARATE CONTRACTS A. The City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs. B. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the Work in place or discrepancies with the Contract Documents. C. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by the City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project. Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. The City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project site. ARTICLE 53. NOTICE AND SERVICE THEREOF All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Proposal Forms. Written notice to the Contractor shall be addressed to Contractor's principal place of business unless Contractor designates another address in writing for service of notice. Notice to City shall be addressed to the City as designated in the Notice Inviting Proposals unless City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party. ARTICLE 54. NOTICE OF THIRD PARTY CLAIMS Pursuant to Public Contract Code section 9201, the City shall provide the Contractor with timely notification of the receipt of any third-party claims relating to the Contract. The City is entitled to recover reasonable costs incurred in providing such notification. ARTICLE 55. STATE LICENSE BOARD NOTICE 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 (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (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. 61147.02100\20950242.3 _100- 00 72 13-GENERAL CONDITIONS ARTICLE 56. INTEGRATION A. Oral Modifications Ineffective. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents. B. Contract Documents Represent Entire Contract. The Contract Documents represent the entire agreement of the City and Contractor. ARTICLE 57. ASSIGNMENT OF CONTRACT Contractor shall not assign, transfer, convey, sublet or otherwise dispose of the rights or title of interest of any or all of this contract without the prior written consent of the City. Any assignment or change of Contractor's name of legal entity without the written consent of the City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code. ARTICLE 58. CHANGE IN NAME AND NATURE OF CONTRACTOR'S LEGAL ENTITY Should a change be contemplated in the name or nature of the Contractor's legal entity, the Contractor shall first notify the City in order that proper steps may be taken to have the change reflected on the Contract and all related documents. No change of Contractor's name or nature will affect City's rights under the Contract, including but not limited to the bonds. ARTICLE 59. ASSIGNMENT OF ANTITRUST ACTIONS Pursuant to Public Contract Code section 7103.5, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 USC, Section 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 the purchase of goods, services, or materials pursuant to this contract or any subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties. ARTICLE 60. PROHIBITED INTERESTS No City official or representative who is authorized in such capacity and on behalf of the City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract. 61147.02100\20950242.3 -101- 00 72 13-GENERAL CONDITIONS ARTICLE 61. CONTROLLING LAW Notwithstanding any subcontract or other contract with any subcontractor, supplier, or other person or organization performing any part of the Work, this Contract shall be governed by the law of the State of California excluding any choice of law provisions. ARTICLE 62. JURISDICTION; VENUE Contractor and any subcontractor, supplier, or other person or organization performing any part of the Work agrees that any action or suits at law or in equity arising out of or related to the Proposalding, award, or performance of the Work shall be maintained in the Superior Court of Orange County, California, and expressly consent to the jurisdiction of said court, regardless of residence or domicile, and agree that said court shall be a proper venue for any such action. ARTICLE 63. LAWS AND REGULATIONS A. Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified. If Contractor observes that drawings and specifications are at variance therewith, it shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, it shall bear all costs arising therefrom. B. Contractor shall be responsible for familiarity with the Americans with Disabilities Act ("ADA") (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA regulations. ARTICLE 64. PATENTS Contractor shall hold and save the City, officials, officers, employees, and authorized volunteers harmless from liability of any nature or kind of claim therefrom including costs and expenses for or on account of any patented or unpatented invention, article or appliance manufactured, furnished or used by Contractor in the performance of this contract. ARTICLE 65. OWNERSHIP OF CONTRACT DOCUMENTS All Contract Documents furnished by the City are City property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one complete set of Contract Documents, all documents shall be returned to the City on request at completion of the Work. ARTICLE 66. NOTICE OF TAXABLE POSSESSORY INTEREST In accordance with Revenue and Taxation Code section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible. ARTICLE 67. SURVIVAL OF OBLIGATIONS All reresentations, indemnifications, warranties, and guarantees made in, required by, or given 61147.02100\20950242.3 _102_ 00 72 13-GENERAL CONDITIONS in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 61147.02100\20950242.3 -103- 00 72 13-GENERAL CONDITIONS 00 73 13—SPECIAL CONDITIONS 1.1 Engineer of Record. A. For purposes of this Project, the Engineer of Record or Engineer shall be: 1.2 Location of the Project. A. The Project is located B. The general location of the Project is shown on City Drawing No. 1.3 Status of the Project Area and Rights-of-Way. A. City, at its expense, will provide all rights-of-way or permits, or both, covering the crossing of private property and public and private rights-of-way necessary for the permanent Work; provided, however, Contractor shall, at its expense, obtain any bonds or insurance policies or pay any fees and enter into any agreements required by a controlling authority, e.g., Caltrans or Southern Pacific Railroad Company, before Contractor enters upon any property or right-of-way under the jurisdiction of any such controlling authority for the purpose of performing Work. B. City has acquired or is negotiating to acquire any rights-of-way, or both, necessary for the permanent Work. C. If such permits are required, all operations of Contractor shall conform to the restrictions, regulations, and requirements set forth in said permits, copies of which will be included in the Contract Documents. D. Contractor may be required, as a condition for receiving final payment, to obtain, and provide City's Representative with copies of, executed damage releases from the owners of public and private property whose property has been damaged by the Work. The damage releases will be on a form provided by City. E. Contractor shall, also, as a condition for receiving final payment, obtain, and provide City's Representative with copies of, executed damage releases from the owners of certain public and private property or areas which have been crossed by the Work or otherwise affected by the Work. The damage releases will be on a form provided by City. 1.4 Site Data. A. The data provided herein is for the information of Contractor and is subject to all limitations and conditions set forth in the Contract Documents. B. Other Site Data. The following data are available for inspection at City's office: 1. As-built plans for the Library prepared by Micheal Graves Architects. 61147.02100\20950242.3 -104- 00 73 13-SPECIAL CONDITIONS Copies of these reports, drawings and other materials may be examined at City's office during regular business hours. 1.5 Designation of City's Representative. A. Unless otherwise modified by City, City's Representative shall be Assocaite Engineer, Joe Mankawich. 1.6 Project Retention In accordance with Public Contract Code § 7201, City will withhold 5% of each progress payment as retention on the Project. 1.7 Reverse Liquidated Damages Due to Unreasonable City Delay. A. In compliance with the provisions of California Public Contract Code § 7102, the Contractor will be compensated for damages incurred due to delays in completing the Work due solely to the fault of the City, where such delay is unreasonable under the circumstances and not contemplated by the parties and such delay is not the result of Additional Work. The Contractor and City agree that determining actual damages is impracticable and extremely difficult. As such, the Contractor shall be entitled to the appropriate time extension and to payment of liquidated damages in the sum of 250 per Day of delay in excess of the time specified for the Completion of the Work. Such amount shall constitute the only payment allowed and shall necessarily include all overhead (direct or indirect), all profit, all administrative costs, all bond costs, all labor, materials, equipment and rental costs, and any other costs, expenses and fees incurred or sustained as a result of such delay. The Contractor expressly agrees to be limited solely to the liquidated damages for all such delays as defined in this subsection. 1.8 Liquidated Damages Due to Contractor Delay. A. Time is of the essence. Should Contractor fail to complete all or any part of the Work within the time specified in the Contract Documents, City will suffer damage, the amount of which is difficult, if not impossible, to ascertain and, pursuant to the authority of Government Code section 53069.85, City shall therefore be entitled to 500 per Day as liquidated damages for each Day or part thereof that actual completion extends beyond the time specified. B. Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent City, in case of Contractor's default, from terminating the Contractor. 1.9 Utility Outages— Notices to Residents. A. Should Contractor's operations require interruption of any utility service, Contractor shall notify City at least ten (10) Days prior to the scheduled outage. Contractor will 61147.02100\20950242.3 -105- 00 73 13-SPECIAL CONDITIONS notify all impacted residents on a form provided by City at least seven (7) Days prior to the scheduled outage. B. Contractor shall be responsible for providing, at its cost, any temporary utility or facilities necessitated by the utility outage. 1.10 Schedule Constraints. NOT USED. 1.11 Noise Restrictions NOT USED. 1.12 Safety Programs. NOT USED. 1.13 Coordination with Other Contractors. NOT USED. END OF SPECIAL CONDITIONS 61147.02100\20950242.3 _106_ 00 73 13-SPECIAL CONDITIONS 01 00 00 — GENERAL REQUIREMENTS PART 1 -- GENERAL 1.1 DESCRIPTION A. To be added 1.2 RELATED REQUIREMENTS SPECIFIED ELSEWHERE PART 2 -- PRODUCTS (NOT USED) PART 3 -- EXECUTION 3.1 LAYOUT OF WORK AND QUANTITY SURVEYS A. General. The Contractor shall utilize a properly licensed surveyor to perform all layout surveys required for the control and completion of the Work, and all necessary surveys to compute quantities of Work performed. City and/or the Engineer of Record has established primary control to be used by the Contractor for establishing lines and grades required for the Work. Primary control consists of benchmarks and horizontal control points in the vicinity of the Work. A listing and identification of the primary control is provided on the Drawings. Before beginning any layout work or construction activity, the Contractor shall check and verify primary control, and shall advise the City Representative of any discrepancies. B. Quantity surveys. The Contractor shall perform such surveys and computations as are necessary to determine quantities of Work performed or placed during each progress payment period, and shall perform all surveys necessary for the City Representative to determine final quantities of Work in place. The City Representative will determine final quantities based upon the survey data provided by the Contractor, and the design lines and grades. If requested by the City Representative, the Contractor shall provide an electronic copy of data used for quantity computations. All surveys performed for measurement of final quantities of Work and material shall be subject to approval of City's Representative. Unless waived by City's Representative in each specific case, quantity surveys made by the Contractor shall be made in the presence of City's Representative. C. Surveying 1. Accuracy. Degree of accuracy shall be an order high enough to satisfy tolerances specified for the Work and the following: 61147.02100\20950242.3 _107_ 01 00 00-GENERAL REQUIREMENTS (a) Right-of-way and alignment of tangents and curves shall be within 0.1 foot. (b) Structure points shall be set within 0.01 foot, except where operational function of the special features or installation of metalwork and equipment require closer tolerances. When formwork has been placed and is ready for concrete, the Contractor shall check the formwork for conformance with the drawings and to ensure that the forms are sufficiently within the tolerance limits for the completed work. (c) Cross-section points shall be located within 0.1 foot, horizontally and vertically. (d) Aerial Mapping shall meet National Mapping Standards for 2-foot contour intervals. D. Records. Survey data shall be recorded in accordance with recognized professional surveying standards. Original field notes, computations, and other surveying data shall be recorded on electronic data collectors or in standard field books and must be of sufficient quality to enable the Contractor to prepare accurate record drawings as required by the Contract Documents. E. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required for surveys for the layout of work and quantity surveys shall be included in the Schedule of Pay Items for items of work requiring the surveys. No additional compensation shall be made to the Contractor for this Work. 3.2 SCHEDULE A. Estimated Schedule. Within 14 Days after the issuance of the Notice to Proceed, Contractor shall prepare a Project schedule and shall submit this to the Engineer for Approval. The receipt or Approval of any schedules by the Engineer or the City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor's failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract time period. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the Engineer. B. Schedule Contents. The schedule shall indicate the beginning and completion dates of all phases of construction; critical path for all critical, sequential time related activities; and "float time" for all "slack" or "gaps" in the non-critical activities. The schedule shall clearly identify all staffing and other resources which in the Contractor's judgment are needed to complete the Project within the time specified for completion. The overall Project Schedule duration shall be within the Contract time. C. Schedule Updates. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the Engineer monthly when requested to do so by Engineer. Contractor shall also 61147.02100\20950242.3 -108- 01 00 00-GENERAL REQUIREMENTS submit schedules showing a three week detailed look-ahead at bi-weekly meetings conducted with the City. The Engineer may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule. 3.3 TEMPORARY FIELD OFFICE NOT USED. OR A. Inspector's Field Office. Contractor shall be responsible for providing the inspector's field office. The office shall be a substantial waterproof construction with adequate natural light and ventilation by means of stock design windows. Door shall have a key type lock or padlock clasp. The office shall have heating and air conditioning and shall be equipped with a telephone, a telephone answering machine, high-speed internet connection, and a fax machine at Contractor's expense. A table satisfactory for the study of plans and two chairs shall be provided by Contractor. Contractor shall provide and pay for adequate electric lights, local telephone service, and adequate heat and air conditioning for the field office until authorized removal. B. Utility Services. Contractor, at its expense, shall arrange for, develop and maintain all utilities, including but not limited to water, electric power, sewage disposal and telephone communications, at the Site to meet the requirements of the Work. C. Sanitation. The Contractor shall provide sanitary facilities for all persons working on the project. These facilities shall be kept clean and shall not be unsightly or produce odors. 3.4 PROTECTION OF WORK AND PROPERTY A. All traffic detector loops, fences, walls, culverts, property line monuments, or other obstructions (except property line monuments within five (5) feet of the centerline of the mains) which are removed, damaged, or destroyed in the course of the Work, shall be replaced or repaired to the original condition. If Contractor provides the City with reasonable notice of the need for such repair or replacement, it shall be performed by the City. If the Contractor fails to provide the City with reasonable notice, the repair or replacement shall be performed by and at the expense of the Contractor to the satisfaction of the City, whether or not those obstructions have been shown on the Plans, unless otherwise stated herein. It is then the Contractor's responsibility to employ at its expense a Licensed Land Surveyor to restore all property line monuments located more than five (5) feet from the centerline of the mains, which are destroyed or obliterated. Property line monuments located within five (5) feet of the centerline of the mains will be replaced by the City at no expense to the Contractor, provided the City is notified at least 48 hours before the property line monuments are damaged. B. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions. 61147.02100\20950242.3 _109- 01 00 00-GENERAL REQUIREMENTS C. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by the Work operations. Contractor shall: 1. Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public. 2. Provide substantial barricades around any shrubs or trees indicated to be preserved. 3. Deliver materials to the Project site over a route designated by the Engineer. 4. Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, the City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor. 5. Confine Contractor's apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with its materials. 6. Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by a civil engineer or land surveyor acceptable to the City, at no cost to the City. 7. Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to the City. 8. Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way. 9. At the completion of work each day, leave the Project site in a clean, safe condition. 10. Comply with any stage construction and traffic control plans. Access to residences and businesses shall be maintained at all times, unless otherwise permitted in writing by the City. D. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefore. E. Should damage to persons or property occur as a result of the Work, Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired. The 61147.02100\20950242.3 -110- 01 00 00-GENERAL REQUIREMENTS City shall be entitled to inspect and copy any such documentation, video, or photographs. 3.5 SITE CONDITIONS SURVEYS A. Work Included. Contractor shall conduct thorough pre-construction and post-construction site condition surveys of the entire project area. Site Conditions surveys shall include written documentation of the conditions found, as well as photographs and video recordings of the area within at least 80 feet of any construction area and staging area. The written notes, photographs, and video shall be suitable for forensic purposes to resolve any damage claims that may arise as a result of construction. B. Submittals. 1. Written documentation of site condition survey at pre-construction and post- construction. 2. Photographs as described herein of pre-construction and post-construction conditions. 3. Video recordings as described herein of pre-construction and post-construction conditions. 4. Submittals shall be made within three days of the surveys. All post-construction data shall be submitted prior to the final project inspection. C. Site Condition Written Documentation. Written documentation shall include the time, date, and conditions under which the site survey was made. The documentation shall note the condition of structures, pavement, sidewalks, utilities, fences, and etc. within the work areas. D. Photographs. 1. General — Contractor shall take enough photographs during each site survey to provide a record of conditions existing prior to construction and conditions after construction. Pre-construction photographs shall be taken prior to any construction or mobilization of equipment, but not more that one week prior to actual start of work. The pre-construction photographs may be staged at different times to match the progression of the Work. 2. The photographs shall document existing damage to public and private facilities, both prior to and after construction. Conditions to be documented include, but are not limited to: sidewalk cracks, broken curbs, separated property walls, improvements within public right-of-ways, access roads used, utility covers and markings, signs, pavement striping, pavement, unique or unusual conditions, adjacent driveways, landscaping, survey markers, and any feature directed by the Engineer. Private property that is adjacent to the public right-of-way shall be documented to the extent visible from the public right-of-way. 61147.02100\20950242.3 -1 1 1- 01 00 00-GENERAL REQUIREMENTS 3. Photographs shall include items to indicate scale, as needed. In particular, scales or other items shall be laid next to close ups of structural cracks and other damaged areas being recorded. Scaling shall also be used to document elevation differences, as needed. 4. One set of color prints shall be submitted. Additional sets shall be available for reviewing in settling any construction disputes. A set of photos shall also be furnished in electronic format. The resolution shall be at least equal to 7 mega- pixels. All photos shall be documented as to time and date taken, photographer, project number, location, and orientation. Documentation shall include a brief description of objects photographed. E. Video Recording. 1. Video recordings shall document the conditions of the entire area affected by construction, as well as nearby structures and facilities. The general documentation requirements for videos are the same as for photographs. Video recorders shall accurately and continuously record the time and date. 2. Video recordings shall include an audio portion made simultaneously during the videoing. The audio recording shall describe the location, time, orientation, and objects being recorded. Special commentary shall be provided for unusual conditions or damage noted. 3. Video equipment shall be capable of producing high resolution images and shall have zoom capabilities. 4. Video recordings shall provide an overall picture of the sites and shall provide detailed images of damaged areas. Video shall extend to the maximum height of structures. 5. The Engineer shall have the right to reject any audio video recordings submitted with unintelligible audio, uncontrolled pan or zoom, or of poor quality. Video recordings shall be repeated when rejected. 6. Video recordings shall be submitted with labels indicating the project, date, recorder, and other pertinent information. Recordings shall be submitted on standard DVDs in a standard format. F. Timing. Contractor shall provide written notice of the time scheduled for the site conditions survey and the place it is to begin. Contractor shall obtain the Engineer's concurrence prior to beginning the condition survey. The Engineer reserves the right to cancel the survey due to weather conditions or other problems. Videoing shall be done during times of good visibility and no videoing or photography shall be done during periods of visible precipitation or when standing water obscures pavement. Contractor shall provide the Engineer with an opportunity to have a representative present when taking the photos and provide guidance during photographing. G. Site Surveyor. 61147.02100\20950242.3 -112- 01 00 00-GENERAL REQUIREMENTS The site condition surveyor(s) shall be experienced in construction and potential damage concerns. The site condition surveyor(s) shall be familiar with the photography and video equipment being used. H. Field Quality Control. Prior to submitting videos and photographs, the Contractor shall spot check the photos and videos in the field to insure they accurately reflect the actual conditions and to insure they are correctly labeled. I. Soils Compaction Testing. 1. All soils compaction testing will be done by a licensed geotechnical engineer furnished by the City. Soils compaction testing will be done for all footings and foundations prior to placement of rebar or concrete. 2. For pipeline construction, soil compaction testing will be done at 100-foot intervals at the bottom of the trench prior to placement of pipe bedding; at the top of the pipe bedding above the pipe; every two vertical feet of trench backfill; at the top of the trench backfill, which sould be the bottom of the pavement section; and at the top of the aggregate base prior to pavement construction. 3.6 SUBMITTAL REQUIREMENTS FOR MANUALS AND RECORD DRAWINGS A. General. The Contractor shall furnish all materials and perform all Work required for furnishing submittals to City in accordance with Contract Documents. B. Technical Manuals. 1. The Contractor shall submit technical operation and maintenance information for each item of mechanical, electrical and instrumentation equipment in an organized manner in the Technical Manual. It shall be written so that it can be used and understood by City's operation and maintenance staff. 2. The Technical Manual shall be subdivided first by specification section number; second, by equipment item; and last, by "Category." "Categories"shall conform to the following (as applicable): (a) Category 1 - Equipment Summary: (1) Summary: A summary table shall indicate the equipment name, equipment number, and process area in which the equipment is installed. (b) Category 2 - Operational Procedures: (1) Procedures: Manufacturer-recommended procedures on the following shall be included in Part 2: a. Installation b. Adjustment 61147.02100\20950242.3 -113- 01 00 00-GENERAL REQUIREMENTS c. Startup d. Location of controls, special tools, equipment required, or related instrumentation needed for operation e. Operation procedures f. Load changes g. Calibration h. Shutdown i. Troubleshooting j. Disassembly k. Reassembly I. Realignment m. Testing to determine performance efficiency n. Tabulation of proper settings for all pressure relief valves, low and high pressure switches, and other protection devices o. List of all electrical relay settings including alarm and contact settings (c) Category 3 - Preventive Maintenance Procedures: (1) Procedures: Preventive maintenance procedures shall include all manufacturer-recommended procedures to be performed on a periodic basis, both by removing and replacing the equipment or component, and by leaving the equipment in place. (2) Schedules: Recommended frequency of preventive maintenance procedures shall be included. Lubrication schedules, including lubricant SAE grade, type, and temperature ranges, shall be covered. (d) Category 4 - Parts List: (1) Parts List: A complete parts list shall be furnished, including a generic description and manufacturer's identification number for each part. Addresses and telephone numbers of the nearest supplier and parts warehouse shall be included. (2) Drawings: Cross-sectional or exploded view drawings shall accompany the parts list. (e) Category 5 - Wiring Diagrams: (1) Diagrams: Part 5 shall include complete internal and connection wiring diagrams for electrical equipment items. 61147.02100\20950242.3 -114- 01 00 00-GENERAL REQUIREMENTS (f) Category 6 - Shop Drawings: (1) Drawings: This part shall include approved shop or fabrication drawings, complete with dimensions. (g) Category 7 - Safety: (1) Procedures: This part describes the safety precautions to be taken when operating and maintaining the equipment or working near it. (h) Category 8 - Documentation: (1) All equipment warranties, affidavits, and certifications required by the Technical Specifications shall be placed in this part. 3. The Contractor shall furnish to City six (6) identical Technical Manuals. Each set shall consist of one or more volumes, each of which shall be bound in a standard binder. C. Spare Parts List - The Contractor shall furnish to City six (6) identical sets of spare parts information for all mechanical, electrical, and instrumentation equipment. The spare parts list shall include the current list price of each spare part. The spare parts list shall include those spare parts which each manufacturer recommends be maintained by City in inventory. Each manufacturer or supplier shall indicate the name, address, and telephone number of its nearest outlet of spare parts to assist City in ordering. The Contractor shall cross-reference all spare parts lists to the equipment numbers designated in the Contract Documents. The spare parts lists shall be bound in standard size, 3-ring binder. D. Record Drawings 1. The Contractor shall maintain one record set of Drawings at the Site. On these, it shall mark all Project conditions, locations, configurations, and any other changes or deviations which may vary from the information represented in the original Contract Documents, including buried or concealed construction and utility features which are revealed during the course of construction. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated on the Contract Drawings. Said record drawings shall be supplemented by any detailed sketches as necessary or directed to fully indicate the Work as actually constructed. These master record drawings of the as-built conditions, including all revisions made necessary by Addenda and Change Orders shall be maintained up-to-date during the progress of the Project. Red ink shall be used for alterations and notes. Notes shall identify relevant Change Orders by number and date. 2. For all Projects involving the installation of any pipeline, Contractor shall survey and record the top of the pipe at a minimum of every 100 linear feet, and at each bend, recording both the horizontal and vertical locations. 3. Record drawings shall be accessible to City's Representative at all times during the construction period. Failure on the Contractor's part to keep record drawings current could result in withholding partial payment. 61147.02100\20950242.3 -115- 01 00 00-GENERAL REQUIREMENTS 4. Upon Completion of the Project and as a condition of final acceptance, the Contractor shall finalize and deliver a complete set of Record Drawings to City's Representative. The information submitted by the Contractor will be assumed to be correct, and the Contractor shall be responsible for, and liable to City, for the accuracy of such information, and for any errors or omissions which may or may not appear on the Record Drawings. E. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete the Manuals and Record Drawings shall be included in Contractor's Proposal and distributed in the Schedule of Pay. No additional compensation shall be made to the Contractor for this Work. 3.7 MATERIALS A. Materials to be Furnished by the Contractor 1. Inspection of Materials. Materials furnished by the Contractor which will become a part of the Project shall be subject to inspection at any one or more of the following locations, as determined by City's Representative: at the place of production or manufacture, at the shipping point, or at the site of the Work. To allow sufficient time to provide for inspection, the Contractor shall submit to City's Representative, at the time of issuance, copies of purchase orders or other written instrument confirming procurement of the materials, including drawings and other pertinent information, covering materials on which inspection will be made. 2. No later than fourteen (14) Days prior to manufacture of material, Contractor shall inform City's Representative, in writing, the date the material is to be manufactured. 3. Contractors Obligations. The inspection of materials at any of the locations specified above or the waiving of the inspection thereof shall not impact whether the materials and equipment conform to the Contract Documents. Contractor will not be relieved from furnishing materials meeting the requirements of the Contract Documents due to City's inspection or lack of inspection of the equipment or materials. Acceptance of any materials will be made only after materials are installed in the Project. 4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to accommodate City's testing efforts, including any travel required by Contractor's forces, shall be included in Contractor's Proposal and distributed in the Schedule of Pay Items related to the materials requiring testing. No additional compensation shall be made to the Contractor for this Work. 3.8 LOCAL CONDITIONS AND REQUIREMENTS A. Access to Work and Haul Routes 1. General. All work on the rights-of-way necessary for access to the Site shall be performed by the Contractor. 61147.02100\20950242.3 -116- 01 00 00-GENERAL REQUIREMENTS 2. Access, Damage, Restoration. The Contractor shall make his own investigation of the condition of available public or private roads and of clearances, restrictions, bridge-load limits, permit or bond requirements, and other limitations that affect or may affect transportation and ingress or egress at the Site. Claims for changes in Contract Price or Contract Times arising out of the unavailability of transportation facilities or limitations thereon shall not be considered by City. 3. The Contractor shall maintain and repair any damage arising out of Contractor's operations to all roads used during construction of the Project, and upon completion of all Work, but prior to final acceptance, the roads shall be restored to their original condition. Prior to using any road for access to the Site, the Contractor shall conduct a photograph and/or video survey of the roadway with a copy submitted to City's Representative. 4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor's Proposal and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work. B. Power. Contractor shall provide at its own expense all necessary power required for operations under the contract. The Contractor shall provide and maintain in good order such modern equipment and installations as shall be adequate in the opinion of the Engineer to perform in a safe and satisfactory manner the Work required by the contract. C. Construction Water. 1. Construction water shall not be used for purposes other than those required to satisfactorily complete the contract. 2. All connections to the City's water system used for the purposes of obtaining construction water shall utilize a temporary construction meter and backflow prevention device supplied by the City. The City-furnished backflow prevention device shall be tested immediately after installation and the construction meter and backflow prevention device shall not be placed into service until the backflow prevention device passes such tests. Backflow prevention device testing shall be performed in accordance with the most recent edition of the Manual of Cross- Connection Control as published by the University of Southern California by a person selected from City of San Juan Capistrano "City-Approved Certified Backflow Assembly Testers" list, and test results shall be provided to the Engineer. If the temporary construction meter and backflow prevention device are moved to alternate location(s) during construction, the backflow prevention device shall again be tested as described above immediately after re-installation. 3. For each temporary construction meter requested by the Contractor for the performance of work under this contract, an amount equivalent to the deposit requirement for temporary construction meters listed in the current approved version of the City's Policies and Procedures Manual shall be withheld from the final contract payment until the temporary construction meters are returned. D. Operation of Existing Water Facilities 61147.02100\20950242.3 -117- 01 00 00-GENERAL REQUIREMENTS 1. The Contractor shall not operate any of the existing water systems, including pumps, motors, and hydrants, but shall contact the City two (2) working days in advance with a list and location of the water system facilities that will require operating, opening, stopping, or closure by the City. 2. At the option of the Engineer, the Contractor may be permitted to operate valves for the purpose of making connections to existing mains. The City will perform all notification to existing customers regarding temporary loss of service. 3. Contractor shall submit a request on City's standard form for any shut-down of existing water facilities. 4. [—INSERT CONTRACTOR'S NOTICE (DOOR HANGERS) REQUIREMENTS, IF ANY**]. E. Construction at Existing Utilities 1. General. Where the Work to be performed crosses or otherwise interferes with water, sewer, gas, or oil pipelines; buried cable; or other public or private utilities, the Contractor shall perform construction in such a manner so that no damage will result to either public or private utilities. It shall be the responsibility of the Contractor to determine the actual locations of, and make accommodates to maintain, all utilities. 2. Permission, Notice and Liability. Before any utility is taken out of service, permission shall be obtained by the Contractor from the owner. The owner, any impacted resident or business owner and the City Representative will be advised of the nature and duration of the utility outage as well as the Contractor's plan for providing temporary utilities if required by the owner. The Contractor shall be liable for all damage which may result from its failure to maintain utilities during the progress of the Work, and the Contractor shall indemnify City as required by the Contract Documents from all claims arising out of or connected with damage to utilities encountered during construction; damages resulting from disruption of service; and injury to persons or damage to property resulting from the negligent, accidental, or intentional breaching of utilities. 3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor's Proposal and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work. F. Traffic Control 1. General. Contractor shall aProposale by traffic control plans approved by the appropriate jurisdiction. 2. Protections. Roads subject to interference by the Work shall be kept open or suitable temporary passages through the Work shall be provided and maintained by the Contractor. The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient flasher lights, flag persons, danger signals, and signs, and shall take all necessary precautions for the protection of the Work and 61147.02100\20950242.3 -118- 01 00 00-GENERAL REQUIREMENTS the safety of the public. No construction work along public or private roads may proceed until the Contractor has proper barricades, flasher lights, flag persons, signals, and signs in place at the construction site. 3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in Contractor's Proposal and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work. G. Cleaning Up 1. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Contractor shall also clean all asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment. The use of water, resulting in mud on streets, will not be permitted as substitute for sweeping or other methods. Dust control may require having a water truck onsite for the duration of the project, and/or use of temporary hoses and pipelines to convey water. 2. Contractor shall fully clean up the site at the completion of the Work. If the Contractor fails to immediately clean up at the completion of the Work, the City may do so and the cost of such clean up shall be charged back to the Contractor. 3.9 ENVIRONMENTAL QUALITY PROTECTION A. Environmental Conditions NOT USED. B. Landscape and Vegetation Preservation 1. General. The Contractor shall exercise care to preserve the natural landscape and vegetation, and shall conduct operations so as to prevent unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the Work. 2. Damage and Restoration. Movement of crews and equipment within the rights-of- way and over routes provided for access to the Work shall be performed in a manner to prevent damage to property. When no longer required, construction roads shall be restored to original contours. 3. Upon completion of the Work, and following removal of construction facilities and required cleanup, land used for construction purposes and not required for the completed installation shall be scarified and regraded, as required, so that all surfaces are left in a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion. 4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to complete this Work, shall be included in 61147.02100\20950242.3 -119- 01 00 00-GENERAL REQUIREMENTS Contractor's Proposal and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work. C. Protected Species 1. General. If, in the performance of the Work, evidence of the possible occurrence of any Federally listed threatened or endangered plant or animal is discovered, the Contractor shall notify the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to City within 2 Days. 2. Procedures. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the endangered plant or animal. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Any City directed changes to the Work as a result of a siting will be pursuant to the Contract Documents. 3. False Siting. Any costs or delays incurred by City or the Contractor due to unreasonable or false notification of an endangered plant or animal will be borne by the Contractor. 4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor's Proposal and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work. D. Preservation of Historical and Archeological Resources 1. General. If, in the performance of the Work, Contractor should unearth cultural resources (for example, human remains, animal bones, stone tools, artifacts and/or midden deposits) through excavation, grading, watering or other means, the Contractor notify the Construction/Archeological Monitor and/or the City Representative immediately, giving the location and nature of the findings. Written confirmation of the evidence, location and nature of the findings shall be forwarded to the Construction/Archeological Monitor and/or City within 2 Days. 2. Procedures. The Contractor shall immediately cease all construction activities in the immediate area of the discovery to the extent necessary to protect the cultural resource. If directed by the City Representative, Contractor will refrain from working in the immediate area, suspend the Work in its entirety, or re-sequence and/or alter its performance to ensure full compliance with all applicable permits, laws and regulations. Should the presence of cultural resources be confirmed, the Contractor will assist the City Representative and the Construction/Archeological Monitor in the preparation and implementation of a data recovery plan. The Contractor shall provide such cooperation and 61147.02100\20950242.3 -120- 01 00 00-GENERAL REQUIREMENTS assistance as may be necessary to preserve the cultural resources for removal or other disposition. Any City directed changes to the Work as a result of the cultural resource will be pursuant to the Contract Documents. 3. Contractor's Liability. Should Contractor, without permission, injure, destroy, excavate, appropriate, or remove any cultural resource on or adjacent to the Site, it will be subject to disciplinary action, arrest and penalty under applicable law. The Contractor shall be principally responsible for all costs of mitigation and/or restoration of cultural resources related to the unauthorized actions identified above. Contractor shall be required to pay for unauthorized damage and mitigation costs to cultural resources (historical and archeological resources) as a result of unauthorized activities that damage cultural resources and shall indemnify City pursuant to the Contract Documents. 4. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor's Proposal and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work. E. Dust and Pollution Control 1. Contractor shall provide all necessary material, equipment and labor to prevent and control the emission of dust and any other potential pollutant on site. 2. Contractor shall not discharge into the atmosphere from any source smoke, dust or other air contaminants in violation of the law, rules, and regulations of the governing agency. 3. Cost. Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with this paragraph, shall be included in Contractor's Proposal and distributed in the Schedule of Pay Items. No additional compensation shall be made to the Contractor for this Work. F. Fugitive Dust NOT USED. G. Management of Storm, Surface and Other Waters 1. Storm water, surface water, groundwater, and nuisance, or other waters may be encountered at various times during construction of the Project. Federal and State laws require the City and its contractors to manage such waters pursuant to the requirements of California State Water Resources Control Board Order Number 2009-0009-DWQ, the Federal Clean Water Act, and the California Porter Cologne Water Quality Control Act. Contractor acknowledges that it has investigated the risk arising from such waters in conjunction with the Project, and assumes any and all risks and liabilities arising therefrom. 2. The Contractor shall perform all construction operations in such a manner as to comply, and ensure all subcontractors to comply, with all applicable Federal, State, and local laws, orders, and regulations concerning the control and 61147.02100\20950242.3 -121- 01 00 00-GENERAL REQUIREMENTS abatement of water pollution; and all terms and conditions of any applicable permits issued for the Project. In the event there is a conflict between Federal, State, and local laws, regulations, and requirements, the most stringent shall apply. 3. Contractor violations. If noncompliance should occur, the Contractor shall report this to the City Representative immediately, with the specific information submitted in writing within 2 Days. Consistent violations of applicable Federal, State, or local laws, orders, regulations, or Water Quality Standards may result in City stopping all site activity until compliance is ensured. The Contractor shall not be entitled to any change in Contract Price or Contract Times, claim for damage, or additional compensation by reason of such a work stoppage. Corrective measures required to bring activities into compliance shall be at the Contractor's expense. 4. Compliance with Construction General Storm water Permit. Contractor shall be required to comply with all aspects of the State Water Resources Control Board (State Board) Water Quality Order No. 2009-0009-DWQ, National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity (Permit) for all projects that involve construction on or disturbance of one acre or more of land or which are part of a larger common area of development. (a) Contractor shall prepare and implement a Storm Water Pollution Prevention Plan (SWPPP) for the Project site based on the appropriate Risk Level requirements, and draft and coordinate submittal of all Permit related documents with City's Legally Responsible Person and/or Authorized Signatory as those terms are defined in the Permit. The Contractor shall submit the SWPPP to the City Representative for review not less than fifteen (15) Days prior to the start of on- site construction work. City will file the Notice of Intent and pay the filing fee. (b) The SWPPP shall be developed by a Qualified SWPPP Developer and implemented by a Qualified SWPPP Practitioner as those terms are defined in the Permit and shall include industry standard requirements for water quality control including but not be limited to the following: (1) Sediment and erosion control measures to manage sediment and erosion including vegetative practices, structural control, silt fences, straw dikes, sediment controls or operator controls as appropriate. Storm water management measures shall be instituted as required, including velocity dissipaters, and solid waste controls shall address controls for building materials and offsite tracking of sediment. (2) Wastewater and storm water management controls to divert offsite surface flows around the Project site and to divert surface flows within the Project area away from areas of open earth or stockpiles of building and other materials. Wastewater from general construction activities, such as drain water collection, aggregate processing, concrete batching, drilling, grouting, or other construction operations, shall not enter flowing or dry watercourses without having met the authorized non- storm water discharge requirements listed in State Board Water Quality 61147.02100\20950242.3 -122- 01 00 00-GENERAL REQUIREMENTS Order No. 2009-0009-DWQ, Section III.C., including proper notification to the Regional Water Board. (3) Pollution prevention measures including methods of dewatering, unwatering, excavating, or stockpiling earth and rock materials which include prevention measures to control silting and erosion, and which will intercept and settle any runoff of sediment-laden waters. (4) TurProposality prevention measures for prevention of excess turProposality including, but are not restricted to, intercepting ditches, settling ponds, gravel filter entrapment dikes, flocculating processes, recirculation, combinations thereof, or other approved methods that are not harmful to aquatic life. All such wastewaters discharged into surface waters, shall contain the least concentration of settleable material possible, and shall meet all conditions of section 402, the National Pollutant Discharge Elimination System (NPDES) permit. (5) Overall construction site management measures to address changes at the Project site as the Project moves through different phases and changes that account for rainy and dry season management practices. (6) Pollution control measures and construction activity methods that will prevent entrance, or accidental spillage, of solid matter, contaminants, debris, or other pollutants or wastes, into streams, flowing or dry watercourses, lakes, wetlands, reservoirs, or underground water sources. Such pollutants and wastes include, but are not restricted to: refuse, garbage, cement, sanitary waste, industrial waste, hazardous materials, radioactive substances, oil and other petroleum products, aggregate processing, tailings, mineral salts, and thermal pollution. (7) Control measures for stockpiled or deposited materials prohibiting the stockpile or deposit of excavated materials, or other construction materials, near or on stream banks, lake shorelines, or other watercourse perimeters where they can be washed away by high water or storm runoff, or can, in any way, encroach upon the watercourse. (8) Develop and implement a Rain Event Action Plan (REAP), if required,that must be designed and implemented to protect all exposed portions of the site 48 hours prior to any likely precipitation event. (9) Monitoring, reporting and record keeping, as necessary to achieve compliance with applicable Permit requirements, including but not limited to annual reports and rain event reports. (c) Before any Permit related documents, including the SWPPP, rain event reports, or annual reports may be submitted to the State Board or implemented on the Project site, they must first be reviewed and approved by City. (d) City retains the right to procure and maintain coverage under the Permit for the Project site if the Contractor fails to draft a SWPPP or other Permit related document, or fails to proceed in a manner that is satisfactory to City. City reserves the right to implement its own SWPPP at the Project site, and 61147.02100\20950242.3 -123- 01 00 00-GENERAL REQUIREMENTS hire additional contractors to maintain compliance. Whether Contractor has adequately maintained compliance with the Permit shall be City's sole determination. In the event that Contractor has failed or is unable to maintain compliance with the Permit, any costs or fines incurred by City in implementing a SWPPP, or otherwise maintaining compliance with the Construction General Permit shall be paid by the Contractor. (e) Failure to implement the SWPPP or otherwise comply with the Permit is a violation of federal and state law. Contractor hereby agrees to indemnify City as required by the Contract Documents for any noncompliance or alleged noncompliance with the Permit arising out of or in connection with the Project, except for liability resulting from the sole established negligence, willful misconduct or active negligence of City. City may seek damages from Contractor for delay in completing the Contract in accordance with the Contract Documents, caused by Contractor's failure to comply with the Permit. 5. In addition to compliance with the Permit, Contractor shall comply with the lawful requirements of any applicable municipality, district, drainage district, flood control district, and other local agencies regarding discharges of storm water, surface water, groundwater or other nuisance waters off of the Project site. 6. Oil storage tanks management. (a) Storage tank placement. All oil or other petroleum product (hereinafter referred to collectively as oil) storage tanks shall be placed at least 20 feet from streams, flowing or dry watercourses, lakes, wetlands, reservoirs, and any other water source. (b) Storage area dikes. Storage areas shall be diked at least 12 inches high or graded and sloped to permit safe containment of leaks and spills equal to the capacity of all tanks and/or containers located within each area, plus a sufficient amount of freeboard to contain the 25-year rainstorm. (c) Diked area barriers. Diked areas shall have an impermeable barrier at least 10 mils thick. Areas used for refueling operations shall have an impermeable liner at least 10 mils thick buried under 2 to 4 inches of soil. (d) Spill Prevention Control and Countermeasure Plan (SPCC). Where the location of a construction site is such that oil from an accidental spillage could reasonably be expected to enter into or upon the navigable waters of the United States or adjoining shorelines, and the aggregate storage of oil at the site is over 1,320 gallons or a single container has a capacity in excess of 660 gallons, the Contractor shall prepare an SPCC Plan. The Contractor shall submit the SPCC Plan to the Engineer at least 30 days prior to delivery or storage of oil at the site. The Plan must have been reviewed and certified by a registered professional engineer in accordance with 40 C.F.R., part 112 7. Underground tank prohibition. The Contractor shall not use underground storage tanks. 61147.02100\20950242.3 -124- 01 00 00-GENERAL REQUIREMENTS 8. Construction safety standards. The Contractor shall comply with the sanitation and potable water requirements of Section 7 of United States Bureau of Reclamation's publication "Reclamation Safety And Health Standards." 9. Other Permits. (a) Other permits applicable to the Project are listed in the Special Conditions. The Contractor shall obtain all other necessary licenses and permits. (b) Monitoring. The Contractor is required to conduct monitoring in order to meet the requirements of the permits, which may include sampling, testing and inspections. (c) Recordkeeping. The Contractor shall retain all records and data required by the permits for the time specified in the contract. 10. Cost. Except as specified herein, the cost of complying with this section shall be included in the Schedule of Pay Items for work which necessitate the water pollution prevention measures required by this paragraph. END OF GENERAL REQUIREMENTS 61147.02100\20950242.3 _1255_ 01 00 00-GENERAL REQUIREMENTS EXHIBIT "A" CHANGE ORDER FORM elant Cit of San Juan Capistrano Capistrano, Paseo Ad926705 Y p San Juan Capistrano,CA 92675 (949)493-1171 Contract Change Order # Project: Change Order No.: Orig. Contract Amt.: $ Days Contract No.: Contractor: Prev. Appvd. Changes: $ Days Owner: City of San Juan Capistrano This Change: $ Days Revised Contract Amt.: $ Days This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order items for a lump sum price agreed upon between the Contractor and City of San Juan Capistrano, otherwise referred to as Owner. Increase/ Contract Item (Decrease) Time No. Description of Changes in Contract Extension, Amount Days 1 2 Totals $ This Contract Change Order consists of 2 pages and any exhibits attached to this Contract Change Order shall not be part of the Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the City of San Juan Capistrano. Contract Change Order# Page 1 of 2 61147.02100\20950242.3 EXHIBIT"A" Change Order Form The amount of the contract will be increased by the sum of $and the contract time shall be extended by working days. The undersigned Contractor approves the foregoing Change Order # as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order#. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner. Contractor accepts the terms and conditions stated above as full and final settlement of any and all claims arising out of or related to the subject of this Change Order and acknowledges that the compensation (time and cost) set forth herein comprises the total compensation due for the work or change defined in the Change Order, including all impact on any unchanged work. By signing this Change Order, the Contractor acknowledges and agrees that the stipulated compensation includes payment for all Work contained in the Change Order, plus all payment for any acceleration or interruption of schedules, extended overhead costs, delay, and all impact or cumulative impact on all Work under this Contract. The signing of this Change Order acknowledges full mutual accord and satisfaction for the change and that the stated time and/or cost constitute the total equitable adjustment owed the Contractor as a result of the change. The Contractor hereby releases and agrees to waive all rights, without exception or reservation of any kind whatsoever, to file any further claim or request for equitable adjustment of any type, for any reasonably foreseeable cause that shall arise out of, or as a result of, this Change Order and/or its impact on the remainder of the Work under the Contract. Accepted: (Signature) Contractor's Authorized Representative Date Recommended: (Signature) [**INSERT NAME,TITLE**] Date Approved: (Signature) [**INSERT NAME,TITLE**] Date Item Justification for Change(s) No. 1 2 This Contract Change Order consists of 2 pages and any exhibits attached to this Contract Change Order shall not be part of the Contract Change Order unless specifically initialed by or on behalf of both the Contractor and the City of San Juan Capistrano. Contract Change Order# Page 2 of 2 61147.02100\20950242.3 2 EXHIBIT"A" Change Order Form San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA SECTION 00 0101 TECHNICAL SPECIFICATIONS PROJECT MANUAL FOR SAN JUAN CAPISTRANO PUBLIC LIBRARY EXTERIOR REPAIRS AND PAINTING CIP 15302 CITY OF SAN JUAN CAPISTRANO CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 DATE: OCTOBER 7,2015 PREPARED BY: JOE MANKAWICH ASSICIATE ENGINEER PROJECT TITLE PAGE 00 0101 -Page 1 of 1 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA SECTION 00 0102 PROJECT INFORMATION PART1 GENERAL 1.01 PROJECT IDENTIFICATION A. Project Name: San Juan Capistrano Public Library Painting and Repairs CIP 15302, located at 31495 EI Camino Real San Juan Capistrano, CA 92675. B. The Owner, hereinafter referred to as City of San Juan Capistrano. C. City of San Juan Capistrano's Project Manager: Joe Mankawich 1. Public Works Department 2. Address: 32400 Paseo Adelanto. 3. City, State,Zip: San Juan Capistrano, CA 92675. 4. Phone/Fax: Tel.: (949)487-4313 5. E-mail: *man kawich00anjuancapistrano.org. 1.02 P R O J E C T DESCRIPTION A. Summary Project Description: Minor exterior building repairs and painting of the San Juan Capistrano Public Library. B. Contract Scope: repairs, demolition, renovation, painting,facility operations during occupancy. C. Contract Terms: Lump sum (fixed price, stipulated sum). D. The currently occupied premises at the project site are open for examination by bidders only during the following hours: 1. Monday through Friday: 8:OOAM to 5:00 PM. 1.03 PROJECT CONSULTANTS(NOT USED) 1.04PR000REMENT TIMETABLE A. See the separate Specifications and Contract Documents issued by the City of San Juan Capistrano for the Procurement Timetable information. 1.05PROCUREMENT DOCUMENTS A. Availability of Documents: Complete sets of procurement documents maybe obtained: 1. According to the separate Specifications and Contract Documents issued by the City of San Juan Capistrano. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION PROJECT INFORMATION 00 0102 -Page 1 of 1 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA SECTION 00 0107 SEALS PAGE CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 TEL.: OFFICE: (949)488-0865,EXT.12; CELL: (714) 749-5546 EMAIL: galvarez@sanjauncapistrano.org APPROVED BY: GEORGE ALVAREZ, CITY ENGINEER DATE: END OF SEALS PAGE SEALS PAGE 00 0107 -Page 1 of 1 Pages City of San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA SECTION 00 0110 TABLE OF CONTENTS PROCUREMENT AND CONTRACTING REQUIREMENTS 1.01 DIVISION 00--PROCUREMENT AND CONTRACTING REQUIREMENTS A. 00 0101 - Project Title Page B. 00 0102-Project Information C. 00 0107-Seals Page D. 00 0110-Table of Contents E. 00 0115- List of Drawing Sheets F. 00 2113- Instructions to Bidders G. 00 3100-Available Project Information H. 00 4322- Unit Prices Form SPECIFICATIONS 2.01 DIVISION 01 --GENERAL REQUIREMENTS A. 01 1000- Summary B. 01 2000- Price and Payment Procedures C. 01 2100- Allowances D. 01 2200 - Unit Prices E. 01 2300-Alternates F. 01 3000-Administrative Requirements G. 01 3216-Construction Progress Schedule H. 01 3553-Security Procedures I. 01 4000- Quality Requirements J. 01 4100-Regulatory Requirements K. 01 4216-Definitions L. 01 5000-Temporary Facilities and Controls M. 01 5100-Temporary Utilities N. 01 5213-Field Offices and Sheds 0. 01 5500-Vehicular Access and Parking P. 01 5713-Temporary Erosion and Sediment Control Q. 01 5721 -Indoor Air Quality Controls R. 01 5813-Temporary Project Signage S. 01 6000- Product Requirements T. 01 6116-Volatile Organic Compound (VOC) Content Restrictions U. 01 7000-Execution and Closeout Requirements V. 01 7419-Construction Waste Management and Disposal W. 01 7800-Closeout Submittals X. 01 7900- Demonstration and Training 2.02 D I V I S 10 N 02—EXISTINGCONDITIONS A. 02 4100- Demolition 2.07 D I V I S 10 N 07 --THERMAL AND MOISTURE PROTECTION B. 07 2100-Thermal Insulation C. 07 2500-Weather Barriers G. 07 6200 - Sheet Metal Flashing and Trim I. 07 9200-Joint Sealants TABLE OF CONTENTS 00 0110-Page 4 of 3 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA 2.09 DIVISION 09 --FINISHES A. 09 9000- Painting and Coating 2.10 ATTACHMENTS: A. Attachment A: City of San Juan Capistrano Specifications and Contract Documents END OF SECTION TABLE OF CONTENTS 00 0110-Page 2 of 3 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA SECTION 00 2113 LIST OF DRAWING SHEETS ARCHITECTURAL: A1.1 OVERALL EXISTING SITE PLAN-AERIAL MAP A2.1 FLOOR PLAN A2.2 ROOF PLAN A3.1 EXTERIOR ELEVATIONS AS BUILT DRAWINGS: AB-101 AS-BLUFLOOR PLAN END OF SECTION INSTRUCTIONS TO BIDDERS 00 2113-Page 1 of 1 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA SECTION 00 0115 INSTRUCTIONS TO BIDDERS SUMMARY 1 1 DOCUMENT INCLUDES A. See the separate Specifications and Contract Documents issued by the City of San Juan Capistrano. BID SUBMISSION END OF SECTION LIST OF DRAWING SHEETS 00 0115-Page 1 of 1 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA SECTION 00 4322 AVAILABLE PROJECT INFORMATION PART1 GENERAL 1.01 EXISTING CONDITIONS A. Certain information relating to existing surface and subsurface conditions and structures is available to bidders but will not be part of the Contract Documents,as follows: B. Construction Plans for the San Juan Capistrano Public Library prepared by Michael Graves Architects and Plans for the Friends of the Library Bookstore Relocation prepared by James Goodman Architecture. 1. Original copy is available for inspection at City of San Juan Capistrano's offices during normal business hours. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) 3.01 PERMITS A. Permits will be required from the following agencies:. 1. City of San Juan Capistrano Building Department END OF SECTION AVAILABLE PROJECT 00 3100- Page 1 of 1 Pages INFORMATION INSTRUCTIONS TO BIDDERS 00 2113-Page 1 of 1 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA SECTION 011000 UNIT PRICES FORM PARTICULARS SEE ATTACHMENT A: SCHEDULE OF VALUES END OF UNIT PRICES FORM San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA SECTION 00 4322 SUMMARY PART1 GENERAL 1.01 PROJECT A. Project Name: San Juan Capistrano City Hall Complex- Planned Improvements B. Owner's Name: City of San Juan Capistrano. C. Architect's Name: Elements Architecture, Inc.. D. The Project consists of the alteration of the City Hall Complex. 1.02 CONTRACT DESCRIPTION A. See the separate Sepecifications and Contract Documents isued by the City of San Juan Capistrano. 1.03 DESCRIPTION OF ALTERATIONS WORK A. Scope of demolition and removal work is shown on drawings and specified in Section 02 4100. B. Scope of alterations work is shown on drawings. C. Scope of work described in the following is applicable and typical for all the buildings. the main building including the added-on modular building, modular building units A, B, and C, administration building, as shown on the Site Plan. D. Scope of Work includes only non-structural improvements of exterior finishes and roofing of the buildings. all improvements shall match existing condition, material, and color. E. Scope of Work does not alter, nor change the following existing conditions: 1. Structural Systems 2. Occupancy Group and Use 3. Construction Type 4. Building Areas and Building Heights 5. Site grading, drainage, utilities, parking hardscape and landscape 6. Fire Protection F. Scope includes re-roofing throughout the existng metal roof of the main builidng, re-roofing the modular buildings, units A, b, C, and the Administration Building. Re-roofing material and color shall be approved by the City of San Juan Capistrano. G. Provide and install new rain guters and downspouts on building units A, 8, and C. Paint gutters and downspouts brown as approved by City. H. Provide and install sheet metal flashing on roofs, at roof penetrations, walls, windows, and doors where water leakage occurs. Paint exposed flashing to match adjacent color. I. Remove existing damaged wood siding complete, clean and prepare the areas to receive new siding. Provide and install new trims and moldings at doors /windowsand where occurs throughout all the buildings. J. New paint throughout on all building exterior sidings, moldings,trims,fascia, doors, louvers, windows, flashing, exposed framing and sheet metal flashing, soffits, gutters, water leaders, downspouts,all/ any exposed elevements and structures, skirts, handrails / guardrails. mechanical equipment, conduits, and ducts, where occurs, typical for all buildings. Paint color shall match existing color and /or approved by the City of San Juan Capistrano. K. Remove existing sealant, clean and prepare all joints as necessary for new sealant. Provide coninuous sealant with backer rods as necessary, around and on both sides of all the window/ door frames, opening /louver frames, around and along all joints at flashing. L. City of San Juan Capistrano will remove the following items before start of work: 1. TBD. M. Contractor shall remove and deliver the following to City of San Juan Capistrano prior to start of work: SUMMARY 01 1000-Page 1 of 2 Pages San Juan Capistrano Issued For Bid: August 1,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA N. Contractor shall remove and store the following prior to start of work, for later reinstallation by Contractor: 1.04 WORK BY OWNER A. Items noted NIC (Not in Contract)will be supplied and installed by City of San Juan Capistrano before Substantial Completion. 1. TBD. B. City of San Juan Capistrano will supply and install the following: 1. TBD. C. City of San Juan Capistrano will supply the following for installation by Contractor: 1. TBD. 1.05 OWNER OCCUPANCY A. City of San Juan Capistrano intends to continue to occupy adjacent portions of the existing building during the entire construction period. B. City of San Juan Capistrano intends to occupy the Project upon Substantial Completion. C. City of San Juan Capistrano intends to occupy a certain portion of the Project prior to the completion date for the conduct of normal operations. D. Cooperate with City of San Juan Capistrano to minimize conflict and to facilitate City of San Juan Capistrano's operations. E. Schedule the Work to accommodate City of San Juan Capistrano occupancy. 1.06 CONTRACTOR USE OF SITE AND PREMISES A. Construction Operations: Limited to areas noted on Drawings. B. Arrange use of site and premises to allow: 1. City of San Juan Capistrano occupancy. 2. Work by Others. 3. Work by City of San Juan Capistrano. 4. Use of site and premises by the public. C. Provide access to and from site as required by law and by City of San Juan Capistrano: 1. Emergency Building Exits During Construction: Keep all exits required by code open during construction period; provide temporary exit signs if exit routes are temporarily altered. 2. Do not obstruct roadways, sidewalks, or other public ways without permit. D. Existing building spaces may not be used for storage. E. Time Restrictions: 1. Limit conduct of especially noisy exterior work to the hours of 8:OOAM-5:OOPM. F. Utility Outages and Shutdown: 1. Limit disruption of utility services to hours the building is unoccupied. 2. Do not disrupt or shut down life safety systems, including but not limited to fire sprinklers and fire alarm system, without 7 days notice to City of San Juan Capistrano and authorities having jurisdiction. 3. Prevent accidental disruption of utility services to other facilities. 1.07 WORK SEQUENCE A. Construct Work in stages during the construction period: 1. Stage 1: TBD. B. Coordinate construction schedule and operations with City of San Juan Capistrano. PART 2 PRODUCTS- NOT USED PART 3 EXECUTION- NOT USED END OF SECTION San Juan Capistrano Public Library Issued For Bid: August 1,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA SECTION 01 2200 UNIT PRICES A. PART1 CHRAtseparate Specifications and Contract Documents issued by the City of San Juan 1.01 SECf W1R8hDES 1.02 SCHEDULE OF VALUES A. Form to be used: See Attachment A: Schedule of Values. B. Electronic media printout including equivalent information will be considered in lieu of standard form specified; submit draft to City of San Juan Capistrano for approval. C. Forms filled out by hand will not be accepted. D. Submit Schedule of Values in duplicate within 15 days after date of Owner-Contractor Agreement. E. Format: Utilize the Table of Contents of this Project Manual. Identify each line item with number and title of the specification Section. Identify site mobilization. F. Include in each line item, the amount of Allowances specified in this section. For unit cost Allowances, identify quantities taken from Contract Documents multiplied by the unit cost to achieve the total for the item. G. Include separately from each line item, a direct proportional amount of Contractor's overhead and profit. H. Revise schedule to list approved Change Orders, with each Application For Payment. PART 2 PRODUCTS- NOT USED PART 3 EXECUTION- NOT USED END OF SECTION UNIT PRICES 01 2200-Page 1 of 2 Pages SECTION 01 2300 ALTERNATES PART1 GENERAL 1.01 SECTION INCLUDES A. Description of Alternates. B. Procedures for pricing Alternates. C. Documentation of changes to Contract Sum and Contract Time. 1.02 RELATED REQUIREMENTS A. Document 00 2113- Instructions to Bidders: Instructions for preparation of pricing for Alternates. 1.03 ACCEPTANCE OF ALTERNATES A. Alternates quoted on Bid Forms will be reviewed and accepted or rejected at City of San Juan Capistrano's option. Accepted Alternates will be identified in the Owner-Contractor Agreement. B. Coordinate related work and modify surrounding work to integrate the Work of each Alternate. 1.04 SCHEDULE OF ALTERNATES A. There currently are no proposed alternates for this project. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION ADMINISTRATIVE REQUIREMENTS 01 3000-Page 13 of 5 San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA SECTION 01 3000 ADMINISTRATIVE REQUIREMENTS PART1 GENERAL 1.01 SECTION INCLUDES A. Preconstruction meeting. B. Site mobilization meeting. C. Progress meetings. D. Construction progress schedule. E. Progress photographs. F. Coordination drawings. G. Submittals for review, information, and project closeout. H. Number of copies of submittals. I. Submittal procedures. 1.02 RELATED REQUIREMENTS A. Document 00 7200 -General Conditions: Dates for applications for payment. B. Document 00 7200 - General Conditions: Duties of the Construction Manager. C. Section 01 7000- Execution and Closeout Requirements: Additional coordination requirements. D. Section 01 7800 -Closeout Submittals: Project record documents. PART 2 PRODUCTS•NOT USED PART 3 EXECUTION 3.01 PRECONSTRUCTION MEETING A. City of San Juan Capistrano will schedule a meeting after Notice of Award. B. Attendance Required: 1. City of San Juan Capistrano. 2. City of San Juan Capistrano. 3. Contractor. C. Agenda: 1. Execution of City of San Juan Capistrano-Contractor Agreement. 2. Submission of executed bonds and insurance certificates. 3. Distribution of Contract Documents. 4. Submission of list of Subcontractors, list of Products, schedule of values, and progress schedule. 5. Designation of personnel representing the parties to Contract, and Elements Architecture, Inc.. 6. Procedures and processing of field decisions, submittals, substitutions,applications for payments, proposal request, Change Orders, and Contract closeout procedures. 7. Scheduling. D. Record minutes and distribute copies within two days after meeting to participants,with two copies to City of San Juan Capistrano, City of San Juan Capistrano, participants, and those affected by decisions made. 3.02 SITE MOBILIZATION MEETING A. City of San Juan Capistrano will schedule meeting at the Project site prior to Contractor occupancy. B. Attendance Required: 1. Contractor. 2. City of San Juan Capistrano. 3. City of San Juan Capistrano. 4. Contractor's Superintendent. 5. Major Subcontractors. ALTERNATES 01 2300-Page 1 of 1 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA C. Agenda: 1. Use of premises by City of San Juan Capistrano and Contractor. 2. City of San Juan Capistrano's requirements and occupancy prior to completion. 3. Construction facilities and controls provided by City of San Juan Capistrano. 4. Temporary utilities provided by City of San Juan Capistrano. 5. Survey and building layout. 6. Security and housekeeping procedures. 7. Schedules. 8. Application for payment procedures. 9. Procedures for testing. 10. Procedures for maintaining record documents. 11. Requirements for start-up of equipment. 12. Inspection and acceptance of equipment put into service during construction period. D. Record minutes and distribute copies within two days after meeting to participants,with two copies to City of San Juan Capistrano, City of San Juan Capistrano, participants, and those affected by decisions made. 3.03 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work at maximum weekly intervals. B. Make arrangements for meetings, prepare agenda with copies for participants, preside at meetings. C. Attendance Required: 1. Contractor. 2. City of San Juan Capistrano. 3. City of San Juan Capistrano. 4. Contractor's Superintendent. 5. Major Subcontractors. D. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. 3. Field observations, problems, and decisions. 4. Identification of problems that impede, or will impede, planned progress. 5. Review of submittals schedule and status of submittals. 6. Review of off-site fabrication and delivery schedules. 7. Maintenance of progress schedule. 8. Corrective measures to regain projected schedules. 9. Planned progress during succeeding work period. 10. Coordination of projected progress. 11. Maintenance of quality and work standards. 12. Effect of proposed changes on progress schedule and coordination. 13. Other business relating to Work. E. Record minutes and distribute copies within two days after meeting to participants,with two copies to City of San Juan Capistrano, City of San Juan Capistrano,participants,and those affected by decisions made. 3.04 CONSTRUCTION PROGRESS SCHEDULE A. Within 10 days after date of the Agreement, submit preliminary schedule defining planned operations for the first 60 days of Work, with a general outline for remainder of Work. B. If preliminary schedule requires revision after review, submit revised schedule within 10 days. C. Within 20 days after review of preliminary schedule,submit draft of proposed complete schedule for review. 1. Include written certification that major contractors have reviewed and accepted proposed schedule. D. Within 10 days after joint review, submit complete schedule. ADMINISTRATIVE REQUIREMENTS 01 3000-Page 2 of 5 Pages E. Submit updated schedule with each Application for Payment. 3.05 PROGRESS PHOTOGRAPHS A. Submit photographs with each application for payment,taken not more than 3 days prior to submission of application for payment. B. Maintain one set of all photographs at project site for reference; same copies as submitted, identified as such. C. Photography Type: Digital;electronic files. D. Provide photographs of site and construction throughout progress of Work produced by an experienced photographer, acceptable to City of San Juan Capistrano. E. In addition to periodic, recurring views, take photographs of each of the following events: F. Views: 1. Provide non-aerial photographs from four cardinal views at each specified time, until Date of Substantial Completion. 2. Consult with City of San Juan Capistrano for instructions on views required. 3. Provide factual presentation. 4. Provide correct exposure and focus, high resolution and sharpness,maximum depth of field, and minimum distortion. 5. Point of View Sketch:Provide sketch identifying point of view of each photograph. G. Digital Photographs: 24 bit color, minimum resolution of 1024 by 768,in JPG format; provide files unaltered by photo editing software. 1. Delivery Medium: Via email. 2. File Naming: Include project identification, date and time of view,and view identification. 3. Point of View Sketch: Include digital copy of point of view sketch with each electronic submittal; include point of view identification in each photo file name. 4. PDF File: Assemble all photos into printable pages in PDF format,with 2 to 3 photos per page, each photo labeled with file name; one PDF file per submittal. 5. Photo CD(s): Provide 1 copy including all photos cumulative to date and PDF file(s), with files organized in separate folders by submittal date. 6. Hard Copy: Printed hardcopy (grayscale)of PDF file and point of view sketch. 3.06 COORDINATION DRAWINGS A. Provide information required by Project Coordinator for preparation of coordination drawings. B. Review drawings prior to submission to City of San Juan Capistrano. 3.07 SUBMITTALS FOR REVIEW A. When the following are specified in individual sections, submit them for review: 1. Product data. 2. Shop drawings. 3. Samples for selection. 4. Samples for verification. B. Submit to City of San Juan Capistrano for review for the limited purpose of checking for conformance with information given and the design concept expressed in the contract documents. C. Samples will be reviewed only for aesthetic, color, or finish selection. D. After review, provide copies and distribute in accordance with SUBMITTAL PROCEDURES article below and for record documents purposes described in Section 01 7800- Closeout Submittals. 3.08 SUBMITTALS FOR INFORMATION A. When the following are specified in individual sections,submit them for information: 1. Design data. 2. Certificates. 3. Test reports. San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA 4. Inspection reports. 5. Manufacturer's instructions. 6. Manufacturer's field reports. 7. Other types indicated. B. Submit for City of San Juan Capistrano's knowledge as contract administrator or for City of San Juan Capistrano. No action will be taken. 3.09 SUBMITTALS FOR PROJECT CLOSEOUT A. Submit Correction Punch List for Substantial Completion. B. Submit Final Correction Punch List for Substantial Completion. C. When the following are specified in individual sections, submit them at project closeout: 1. Project record documents. 2. Operation and maintenance data. 3. Warranties. 4. Bonds. 5. Other types as indicated. D. Submit for City of San Juan Capistrano's benefit during and after project completion. 3.10 NUMBER OF COPIES OF SUBMITTALS A. Electronic Documents: Submit one electronic copy in PDF format; an electronically-marked up file will be returned. Create PDFs at native size and right-side up; illegible files will be rejected. B. Samples: Submit the number specified in individual specification sections;one of which will be retained by City of San Juan Capistrano. 1. After review, produce duplicates. 2. Retained samples will not be returned to Contractor unless specifically so stated. 3.11 SUBMITTAL PROCEDURES A. Shop Drawing Procedures: 1. Prepare accurate,drawn-to-scale, original shop drawing documentation by interpreting the Contract Documents and coordinating related Work. 2. Do not reproduce the Contract Documents to create shop drawings. 3. Generic, non-project specific information submitted as shop drawings do not meet the requirements for shop drawings. B. Transmit each submittal with a copy of approved submittal form. C. Sequentially number the transmittal form. Revise submittals with original number and a sequential alphabetic suffix. D. Identify Project, Contractor, Subcontractor or supplier; pertinent drawing and detail number, and specification section number, as appropriate on each copy. E. Apply Contractor's stamp, signed or initialed certifying that review, approval,verification of Products required, field dimensions, adjacent construction Work, and coordination of information is in accordance with the requirements of the Work and Contract Documents. F. Deliver submittals to Construction Manager at business address. G. Schedule submittals to expedite the Project, and coordinate submission of related items. H. For each submittal for review, allow 15 days excluding delivery time to and from the Contractor. I. Identify variations from Contract Documents and Product or system limitations that may be detrimental to successful performance of the completed Work. J. Provide space for Contractor and City of San Juan Capistrano review stamps. K. When revised for resubmission, identify all changes made since previous submission. L. Distribute reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. M. Submittals not requested will not be recognized or processed. END OF SECTION ADMINISTRATIVE REQUIREMENTS 01 3000-Page 4 of 5 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016, Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA SECTION 01 3216 CONSTRUCTION PROGRESS SCHEDULE PART1 GENERAL 1.01 SECTION INCLUDES A. Preliminary schedule. B. Construction progress schedule, bar chart type. 1.02 RELATED SECTIONS A. Section 01 1000-Summary: Work sequence. 1.03 REFERENCES A. AGC (CPSM)- Construction Planning and Scheduling Manual; Associated General Contractors of America; 2004. B. M-H (CPM)- CPM in Construction Management- Project Management with CPM, O'Brien, McGraw-Hill Book Company; 2006. 1.04 SUBMITTALS A. Within 10 days after date of Agreement, submit preliminary schedule defining planned operations for the first 60 days of Work, with a general outline for remainder of Work. B. If preliminary schedule requires revision after review, submit revised schedule within 10 days. C. Within 20 days after review of preliminary schedule, submit draft of proposed complete schedule for review. 1. Include written certification that major contractors have reviewed and accepted proposed schedule. D. Within 10 days after joint review, submit complete schedule. E. Submit updated schedule with each Application for Payment. 1.05 QUALITY ASSURANCE A. Scheduler: Contractor's personnel or specialist Consultant specializing in CPM scheduling with one years minimum experience in scheduling construction work of a complexity comparable to this Project, and having use of computer facilities capable of delivering a detailed graphic printout within 48 hours of request. 1.06 SCHEDULE FORMAT A. Listings: In chronological order according to the start date for each activity. Identify each activity with the applicable specification section number. B. Diagram Sheet Size: Maximum 22 x 17 inches or width required. C. Sheet size: Multiples of 11 x 17 inches. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION 3.01 PRELIMINARY SCHEDULE A. Prepare preliminary schedule in the form of a horizontal bar chart. 3.02 CONTENT A. Show complete sequence of construction by activity, with dates for beginning and completion of each element of construction. B. Identify each item by specification section number. C. Show accumulated percentage of completion of each item, and total percentage of Work completed, as of the first day of each month. D. Provide legend for symbols and abbreviations used. 3.03 BAR CHARTS A. Include a separate bar for each major portion of Work or operation. B. Identify the first work day of each week. CONSTRUCTION PROGRESS 01 3216-Page 1 of 2 Pages SCHEDULE San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA 3.04 NETWORK ANALYSIS A. Prepare network analysis diagrams and supporting mathematical analyses using the Critical Path Method. B. Illustrate order and interdependence of activities and sequence of work; how start of a given activity depends on completion of preceding activities, and how completion of the activity may restrain start of subsequent activities. C. Mathematical Analysis: Tabulate each activity of detailed network diagrams, using calendar dates,and identify for each activity: 1. Preceding and following event numbers. 2. Activity description. 3. Estimated duration of activity,in maximum 15 day intervals. 4. Earliest start date. 5. Earliest finish date. 6. Actual start date. 7. Actual finish date. 8. Latest start date. 9. Latest finish date. 10. Total and free float; float time shall accrue to City of San Juan Capistrano and to City of San Juan Capistrano's benefit. 11. Monetary value of activity, keyed to Schedule of Values. 12. Percentage of activity completed. 13. Responsibility. D. Analysis Program: Capable of compiling monetary value of completed and partially completed activities, accepting revised completion dates, and recomputation of all dates and float. E. Required Reports: List activities in sorts or groups: 1. By preceding work item or event number from lowest to highest. 2. By amount of float, then in order of early start. 3.05 REVIEW AND EVALUATION OF SCHEDULE A. Participate in joint review and evaluation of schedule with City of San Juan Capistrano at each submittal. B. Evaluate project status to determine work behind schedule and work ahead of schedule. C. After review, revise as necessary as result of review, and resubmit within 10 days. 3.06 UPDATING SCHEDULE A. Maintain schedules to record actual start and finish dates of completed activities. B. Indicate progress of each activity to date of revision, with projected completion date of each activity. C. Annotate diagrams to graphically depict current status of Work. D. Identify activities modified since previous submittal, major changes in Work, and other identifiable changes. E. Indicate changes required to maintain Date of Substantial Completion. F. Submit reports required to support recommended changes. 3.07 DISTRIBUTION OF SCHEDULE A. Distribute copies of updated schedules to Contractor's project site file, to Subcontractors, suppliers, City of San Juan Capistrano, City of San Juan Capistrano, and other concerned parties. B. Instruct recipients to promptly report, in writing, problems anticipated by projections shown in schedules. END OF SECTION CONSTRUCTION PROGRESS 01 3216-Page 2 of 2 Pages SCHEDULE San Juan Capistrano public Library Issued For Bid: August 1,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA SECTION 01 3553 SECURITY PROCEDURES PART1 GENERAL 1.01 SECTION INCLUDES A. Security measures including formal security program, entry control, personnel identification, and miscellaneous restrictions. 1.02 RELATED REQUIREMENTS A. Section 01 1000- Summary: use of premises and occupancy. 1.03 SECURITY PROGRAM A. Protect Work, existing premises and City of San Juan Capistrano's operations from theft, vandalism, and unauthorized entry. B. Initiate program at project mobilization. C. Maintain program throughout construction period until City of San Juan Capistrano acceptance precludes the need for Contractor security. 1.04 ENTRY CONTROL A. Restrict entrance of persons and vehicles into Project site and existing facilities. B. Allow entrance only to authorized persons with proper identification. C. Maintain log of workers and visitors, make available to City of San Juan Capistrano on request. D. Contractor shall control entrance of persons and vehicles related to City of San Juan Capistrano's operations. E. Coordinate access of City of San Juan Capistrano's personnel to site in coordination with City of San Juan Capistrano's security forces. 1.05 PERSONNEL IDENTIFICATION A. Provide identification badge to each person authorized to enter premises. B. Badge To Include: Personal photograph, name, assigned number, expiration date and employer. C. Maintain a list of accredited persons, submit copy to City of San Juan Capistrano on request. D. Require return of badges at expiration of their employment on the Work. 1.06 RESTRICTIONS A. Do not allow cameras on site or photographs taken except by written approval of City of San Juan Capistrano. B. Do no work on Sundays. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION - NOT USED END OF SECTION SECURITY PROCEDURES 01 3553-Page 1 of 1 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA SECTION 01 4000 QUALITY REQUIREMENTS PART1 GENERAL 1.01 SECTION INCLUDES A. References and standards. B. Quality assurance submittals. C. Mock-ups. D. Control of installation. E. Tolerances. F. Testing and inspection services. G. Manufacturers'field services. 1.02 RELATED REQUIREMENTS A. Document 00 3100- Available Project Information: Soil investigation data. B. Document 00 7200-General Conditions: Inspections and approvals required by public authorities. C. Section 01 2100- Allowances: Allowance for payment of testing services. D. Section 01 3000- Administrative Requirements: Submittal procedures. E. Section 01 4216- Definitions. F. Section 01 4219- Reference Standards. G. Section 01 6000- Product Requirements: Requirements for material and product quality. 1.03 REFERENCE STANDARDS A. ASTM C1021 -Standard Practice for Laboratories Engaged in Testing of Building Sealants; 2008(Reapproved 2014). B. ASTM C1077-Standard Practice for Laboratories Testing Concrete and Concrete Aggregates for Use in Construction and Criteria for Laboratory Evaluation;2014. C. ASTM C1093-Standard Practice for Accreditation of Testing Agencies for Masonry; 2013. D. ASTM D3740-Standard Practice for Minimum Requirements for Agencies Engaged in the Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction; 2012a. E. ASTM E329- Standard Specification for Agencies Engaged in Construction Inspection, Testing, or Special Inspection;2014a. F. ASTM E543- Standard Specification for Agencies Performing Nondestructive Testing; 2013. G. IAS AC89- Accreditation Criteria for Testing Laboratories; 2010. 1.04 SUBMITTALS A. Testing Agency Qualifications: 1. Prior to start of Work, submit agency name, address, and telephone number, and names of full time registered Engineer and responsible officer. B. Design Data: Submit for City of San Juan Capistrano's knowledge as contract administrator for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents, or for City of San Juan Capistrano's information. C. Test Reports: After each test/inspection, promptly submit two copies of report to Elements Architecture, Inc.and to Contractor. 1. Include: a. Date issued. b. Project title and number. c. Name of inspector. d. Date and time of sampling or inspection. QUALITY REQUIREMENTS 01 4000-Page 9 of 5 Pages San Juan Capistrano public Library Issued For Bid: August 1,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA e. Identification of product and specifications section. f. Location in the Project. g. Type of test/inspection. h. Date of test/inspection. i. Results of test/inspection. j. Conformance with Contract Documents. k. When requested by City of San Juan Capistrano, provide interpretation of results. 2. Test report submittals are for City of San Juan Capistrano's knowledge as contract administrator for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents, or for City of San Juan Capistrano's information. D. Certificates: When specified in individual specification sections, submit certification by the manufacturer and Contractor or installation/application subcontractor to City of San Juan Capistrano, in quantities specified for Product Data. 1. Indicate material or product conforms to or exceeds specified requirements. Submit supporting reference data,affidavits, and certifications as appropriate. 2. Certificates may be recent or previous test results on material or product, but must be acceptable to City of San Juan Capistrano. E. Manufacturer's Instructions: When specified in individual specification sections, submit printed instructions for delivery, storage, assembly, installation,start-up,adjusting, and finishing,for the City of San Juan Capistrano's information. Indicate special procedures, perimeter conditions requiring special attention, and special environmental criteria required for application or installation. F. Manufacturer's Field Reports: Submit reports for City of San Juan Capistrano's benefit as contract administrator or for City of San Juan Capistrano. 1. Submit report in duplicate within 30 days of observation to City of San Juan Capistrano for information. 2. Submit for information for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents. G. Erection Drawings: Submit drawings for City of San Juan Capistrano's benefit as contract administrator or for City of San Juan Capistrano. 1. Submit for information for the limited purpose of assessing conformance with information given and the design concept expressed in the contract documents. 2. Data indicating inappropriate or unacceptable Work may be subject to action by City of San Juan Capistrano or City of San Juan Capistrano. 1.05 REFERENCES AND STANDARDS A. For products and workmanship specified by reference to a document or documents not included in the Project Manual, also referred to as reference standards,comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Conform to reference standard of date of issue current on date of Contract Documents, except where a specific date is established by applicable code. C. Obtain copies of standards where required by product specification sections. D. Maintain copy at project site during submittals, planning, and progress of the specific work, until Substantial Completion. E. Should specified reference standards conflict with Contract Documents, request clarification from City of San Juan Capistrano before proceeding. F. Neither the contractual relationships,duties, or responsibilities of the parties in Contract nor those of City of San Juan Capistrano shall be altered from the Contract Documents by mention or inference otherwise in any reference document. 1.06 TESTING AND INSPECTION AGENCIES A. Contractor shall employ and pay for services of an independent testing agency to perform other specified testing. B. Employment of agency in no way relieves Contractor of obligation to perform Work in accordance with requirements of Contract Documents. QUALITY REQUIREMENTS 01 4000-Page 2 of 5 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA C. Contractor Employed Agency: 1. Testing agency: Comply with requirements of ASTM E329,ASTM E543, ASTM C1021,ASTM C1077, ASTM C1093, ASTM D3740, and 2. Inspection agency: Comply with requirements of ASTM D3740 and ASTM E329. 3. Laboratory Qualifications: Accredited by IAS according to IAS AC89. 4. Laboratory: Authorized to operate in California. 5. Laboratory Staff: Maintain a full time registered Engineer on staff to review services. 6. Testing Equipment: Calibrated at reasonable intervals either by NIST or using an NIST established Measurement Assurance Program, under a laboratory measurement quality assurance program. PART 2 PRODUCTS- NOT USED PART 3 EXECUTION 3.01 CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products,services, site conditions, and workmanship, to produce Work of specified quality. B. Comply with manufacturers' instructions, including each step in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from City of San Juan Capistrano before proceeding. D. Comply with specified standards as minimum quality for the Work except where more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Have Work performed by persons qualified to produce required and specified quality. F. Verify that field measurements are as indicated on shop drawings or as instructed by the manufacturer. G. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion,and disfigurement. 3.02 MOCK-UPS A. Before installing portions of the Work where mockups are required,construct mockups in location and size indicated for each form of construction and finish required to comply with the following requirements, using materials indicated for the completed Work. The purpose of mock-up is to demonstrate the proposed range of aesthetic effects and workmanship. B. Accepted mock-ups establish the standard of quality the City of San Juan Capistrano will use to judge the Work. C. Integrated Exterior Mockups: construct integrated exterior mockup as indicated on Drawings. Coordinate installation of exterior envelope materials and products as required in individual Specification Sections. Provide adequate supporting structure for mockup materials as necessary. D. Notify City of San Juan Capistrano fifteen (15)working days in advance of dates and times when mockups will be constructed. E. Provide supervisory personnel who will oversee mockup construction.Provide workers that will be employed during the construction at Project. F. Tests shall be performed under provisions identified in this section and identified in the respective product specification sections. G. Assemble and erect specified items with specified attachment and anchorage devices, flashings, seals, and finishes. H. Obtain City of San Juan Capistrano's approval of mockups before starting work, fabrication, or construction. 1. City of San Juan Capistrano will issue written comments within seven (7)working days of initial review and each subsequent follow up review of each mockup. 2. Make corrections as necessary until Architect's approval is issued. I. Accepted mock-ups shall be a comparison standard for the remaining Work. QUALITY REQUIREMENTS 01 4000 -Page 3 of 5 Pages San Juan Capistrano public Library Issued For Bid: August 1,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA J. Where mock-up has been accepted by City of San Juan Capistrano and is specified in product specification sections to be removed, protect mock-up throughout construction, remove mock-up and clear area when directed to do so by City of San Juan Capistrano. K. Where possible salvage and recycle the demolished mock-up materials. 3.03 TOLERANCES A. Monitor fabrication and installation tolerance control of products to produce acceptable Work. Do not permit tolerances to accumulate. B. Comply with manufacturers'tolerances. Should manufacturers' tolerances conflict with Contract Documents, request clarification from City of San Juan Capistrano before proceeding_ C. Adjust products to appropriate dimensions; position before securing products in place. 3.04 TESTING AND INSPECTION A. See individual specification sections for testing and inspection required. 8. Testing Agency Duties: 1. Test samples of mixes submitted by Contractor. 2. Provide qualified personnel at site. Cooperate with City of San Juan Capistrano and Contractor in performance of services. 3. Perform specified sampling and testing of products in accordance with specified standards. 4. Ascertain compliance of materials and mixes with requirements of Contract Documents. 5. Promptly notify City of San Juan Capistrano and Contractor of observed irregularities or 6. Perform additional tests and inspections required by City of San Juan Capistrano. 7. Submit reports of all tests/inspections specified. C. Limit's on Testing/Inspection Agency Authority: 1. Agency may not release, revoke, alter, or enlarge on requirements of Contract Documents. 2. Agency may not approve or accept any portion of the Work. 3. Agency may not assume any duties of Contractor. 4. Agency has no authority to stop the Work. D. Contractor Responsibilities: 1. Deliver to agency at designated location, adequate samples of materials proposed to be used that require testing, along with proposed mix designs. 2. Cooperate with laboratory personnel, and provide access to the Work and to manufacturers'facilities. 3. Provide incidental labor and facilities: a. To provide access to Work to be tested/inspected. b. To obtain and handle samples at the site or at source of Products to be tested/inspected. c. To facilitate tests/inspections. d. To provide storage and curing of test samples. 4. Notify City of San Juan Capistrano and laboratory 24 hours prior to expected time for operations requiring testing/inspection services. 5. Employ services of an independent qualified testing laboratory and pay for additional samples, tests, and inspections required by Contractor beyond specified requirements. 6. Arrange with City of San Juan Capistrano's agency and pay for additional samples, tests, and inspections required by Contractor beyond specified requirements. E. Re-testing required because of non-conformance to specified requirements shall be performed by the same agency on instructions by City of San Juan Capistrano. F. Re-testing required because of non-conformance to specified requirements shall be paid for by Contractor. QUALITY REQUIREMENTS 01 4000-Page 4 of 5 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA 3.05 MANUFACTURERS' FIELD SERVICES A. When specified in individual specification sections, require material or product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation,quality of workmanship, start-up of equipment,test, adjust and balance of equipment as applicable,and to initiate instructions when necessary. B. Submit qualifications of observer to City of San Juan Capistrano 30 days in advance of required observations. 1. Observer subject to approval of City of San Juan Capistrano. C. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. 3.06 DEFECT ASSESSMENT A. Replace Work or portions of the Work not conforming to specified requirements. B. If, in the opinion of City of San Juan Capistrano, it is not practical to remove and replace the Work, City of San Juan Capistrano will direct an appropriate remedy or adjust payment. END OF SECTION QUALITY REQUIREMENTS 01 4000 -Page 5 of 5 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA SECTION 014100 REGULATORY REQUIREMENTS PART1 GENERAL 1.01 SUMMARY A. Regulatory requirements applicable to this project are the following: B. 28 CFR 35- Department of Justice accessibility regulations relating to State and local governments; current edition. C. 28 CFR 36- Department of Justice accessibility regulations relating to public accommodations; current edition. D. 36 CFR 1191 -Americans with Disabilities Act (ADA)Accessibility Guidelines for Buildings and Facilities;Architectural Barriers Act(ABA)Accessibility Guidelines;current edition. E. 29 CFR 1910- Occupational Safety and Health Standards; current edition;as a work place. F. State of California amendments to some or all of the following. G. City of San Juan Capistrano amendments to some or all of the following. H. Zoning Code: Inyo County. I. Building Standards Administrative Code, Part 1, CBSC, 2012. J. 2013 California Building Code (CBC, Part 2, CBSC (2012 IBC&California Amendments). K. 2013 California Electrical code (CEC), Part 3, CSBC (2008 National Electrical Code& Calfornia Amendments). L. 2013 California Mechanical Code(CMC), Part 3, CBSC 2012 Uniform Mechanical Code& California Amendments. M. 2013 California Plumbing Code, (CPC)Part 6, CSBC (2012 Uniform Plumbing Code& California Amendments). N. 2013 California Energy Code, Part 6, CSBC 2012. 0. 2013 California Historical Building Code, Part 8 2012. P. 2013 California Fire Code, Part 9, CBSC(2009 International Fire Code&California Amendments). Q. 2013 California Green Building Standards Code, Part 11, CGBSC 2012. R. 2013 California Referenced Stadards, Part 12, CSBC 2012. S. Title 19 C.C.R., Public Safety, SFM Regulatons,2012. 1.02 RELATED REQUIREMENTS A. Section 01 4000-Quality Requirements. 1.03 QUALITY ASSURANCE A. Designer Qualifications: Where delegated engineering design is to be performed under the construction contract provide the direct supervision of a Professional Engineer experienced in design of this type of work and licensed in California. PART 2 PRODUCTS- NOT USED PART 3 EXECUTION - NOT USED END OF SECTION San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA SECTION 014216 DEFINITIONS PART1 GENERAL 1.01 SUMMARY A. Other definitions are included in individual specification sections. 1.02 DEFINITIONS A. Furnish: To supply, deliver, unload, and inspect for damage. B. Install: To unpack, assemble, erect, apply, place, finish, cure, protect, clean, start up,and make ready for use. C. Product: Material, machinery, components, equipment, fixtures, and systems forming the work result. Not materials or equipment used for preparation,fabrication, conveying, or erection and not incorporated into the work result. Products may be new, never before used, or re-used materials or equipment. D. Project Manual: The book-sized volume that includes the procurement requirements(if any),the contracting requirements, and the specifications. E. Provide: To furnish and install. F. Supply: Same as Furnish. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION -NOT USED END OF SECTION DEFINITIONS 01 4216-Page 1 of 1 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA SECTION 01 5000 TEMPORARY FACILITIES AND CONTROLS PART1 GENERAL 1.01 SECTION INCLUDES A. Temporary utilities. B. Temporary telecommunications services. C. Temporary sanitary facilities. D. Temporary Controls: Barriers, enclosures, and fencing. E. Security requirements. F. Vehicular access and parking. G. Waste removal facilities and services. H. Project identification sign. I. Field offices. 1.02 RELATED REQUIREMENTS A. Section 01 3553- SECURITY PROCEDURES B. Section 01 5100- Temporary Utilities. C. Section 01 5213- Field Offices and Sheds. D. Section 01 5500- Vehicular Access and Parking. E. Section 01 5813- Temporary Project Signage. 1.03 REFERENCE STANDARDS A. ASTM E84- Standard Test Method for Surface Burning Characteristics of Building Materials; 2014. B. ASTM E90- Standard Test Method for Laboratory Measurement of Airborne Sound Transmission Loss of Building Partitions and Elements; 2009. 1.04 TEMPORARY UTILITIES-SEE SECTION 01 5100 A. Provide and pay for all electrical power, lighting,water, heating and cooling, and ventilation required for construction purposes. B. Existing facilities may not be used. C. New permanent facilities may be used. D. Use trigger-operated nozzles for water hoses, to avoid waste of water. 1.05 TELECOMMUNICATIONS SERVICES A. Provide, maintain, and pay for telecommunications services to field office at time of project mobilization. 1.06 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities and enclosures. Provide at time of project mobilization. B. Use of existing facilities located at the City Hall Complex is not permitted. C. Maintain daily in clean and sanitary condition. D. At end of construction, return facilities to same or better condition as originally found. 1.07 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas,to prevent access to areas that could be hazardous to workers or the public, to allow for owner's use of site and to protect existing facilities and adjacent properties from damage from construction operations and demolition. B. Provide barricades and covered walkways required by governing authorities for public rights-of-way and for public access to existing building. C. Provide protection for plants designated to remain. Replace damaged plants. TEMPORARY FACILITIES AND 01 5000-Page 1 of 3 Pages CONTROLS San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA D. Protect non-owned vehicular traffic, stored materials, site,and structures from damage. E. Traffic Controls: Provide traffic control as required based on planned construction activities.. 1.08 FENCING A. Construction: Commercial grade chain link fence. B. Provide 6 foot high fence around construction site; equip with vehicular and pedestrian gates with locks. 1.09 EXTERIOR ENCLOSURES A. Provide temporary insulated weather tight closure of exterior openings to accommodate acceptable working conditions and protection for Products, to allow for temporary heating and maintenance of required ambient temperatures identified in individual specification sections,and to prevent entry of unauthorized persons. Provide access doors with self-closing hardware and locks. B. Provide temporary roofing as specified in Section 07 0150.19 Preparation for Re-Roofing. 1.10 INTERIOR ENCLOSURES A. Provide temporary partitions and ceilings as indicated to separate work areas from City of San Juan Capistrano-occupied areas,to prevent penetration of dust and moisture into City of San Juan Capistrano-occupied areas, and to prevent damage to existing materials and equipment. B. Construction: Framing and reinforced polyethylene sheet materials with closed joints and sealed edges at intersections with existing surfaces: 1. Insulated to R 13. 2. STC rating of 35 in accordance with ASTM E90. 3. Maximum flame spread rating of 75 in accordance with ASTM E84. C. Paint surfaces exposed to view from City of San Juan Capistrano-occupied areas. 1.11 SECURITY- SEE SECTION 01 3553 A. Provide security and facilities to protect Work, existing facilities,and City of San Juan Capistrano's operations from unauthorized entry,vandalism, or theft. B. Coordinate with City of San Juan Capistrano's security program. 1.12 VEHICULAR ACCESS AND PARKING- SEE SECTION 01 5500 A. Comply with regulations relating to use of streets and sidewalks, access to emergency facilities, and access for emergency vehicles. B. Coordinate access and haul routes with governing authorities and City of San Juan Capistrano. C. Provide and maintain access to fire hydrants,free of obstructions. D. Provide means of removing mud from vehicle wheels before entering streets. E. Designated existing on-site roads may be used for construction traffic. F. Provide temporary parking areas to accommodate construction personnel. When site space is not adequate, provide additional off-site parking. G. Existing parking areas located at the City Hall Complex may be used for construction parking pending approval from the Owner's Representative. 1.13 WASTE REMOVAL A. See Section 01 7419- Construction Waste Management and Disposal,for additional requirements. B. Provide waste removal facilities and services as required to maintain the site in clean and orderly condition. C. Provide containers with lids. Remove trash from site periodically_ D. If materials to be recycled or re-used on the project must be stored on-site,provide suitable non-combustible containers; locate containers holding flammable material outside the structure unless otherwise approved by the authorities having jurisdiction. TEMPORARY FACILITIES AND 01 5000-Page 2 of 3 Pages CONTROLS San Juan Capistrano Public Library Issued For Bid: August 29,2016, Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA E. Open free-fall chutes are not permitted. Terminate closed chutes into appropriate containers with lids. 1.14 PROJECT SIGNS-SEE SECTION 01 5813 1.15 FIELD OFFICES- SEE SECTION 01 5213 A. Office: Weathertight,with lighting, electrical outlets, heating, cooling equipment, and equipped with sturdy furniture, drawing rack and drawing display table. B. Provide space for Project meetings, with table and chairs to accommodate 6 persons. C. Locate offices a minimum distance of 30 feet from existing and new structures. 1.16 REMOVAL OF UTILITIES, FACILITIES,AND CONTROLS A. Remove temporary utilities, equipment, facilities, materials, prior to Substantial Completion inspection. B. Remove underground installations to a minimum depth of 2 feet. Grade site as indicated. C. Clean and repair damage caused by installation or use of temporary work. D. Restore existing facilities used during construction to original condition. E. Restore new permanent facilities used during construction to specified condition. PART 2 PRODUCTS- NOT USED PART 3 EXECUTION - NOT USED END OF SECTION TEMPORARY FACILITIES AND 01 5000-Page 3 of 3 Pages CONTROLS San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA SECTION 01 5213 FIELD OFFICES AND SHEDS PART1 GENERAL 1.01 SECTION INCLUDES A. Temporary field offices for use of Contractor. B. Maintenance and removal. 1.02 RELATED REQUIREMENTS A. Section 01 1000-Summary: use of premises and responsibility for providing field offices. B. Section 01 5000- Temporary Facilities and Controls: 1. Temporary telecommunications services for administrative purposes. 2. Temporary sanitary facilities required bylaw. C. Section 01 5000: Parking and access to field offices. 1.03 USE OF EXISTING FACILITIES A. Designated existing spaces maybe used for field offices:As directed by the Owner's Representative. B. Existing facilities shall not be used for field offices. 1.04 USE OF PERMANENT FACILITIES A. When permanent facilities are enclosed with operable utilities,relocate offices into building, with written agreement of City of San Juan Capistrano, and remove temporary buildings. B. Permanent facilities shall not be used for field offices. PART 2 PRODUCTS 2.01 MATERIALS,EQUIPMENT, FURNISHINGS A. Materials, Equipment, Furnishings: Serviceable, new or used, adequate for required purpose. 2.02 CONSTRUCTION A. Portable or mobile buildings, or buildings constructed with floors raised above ground, securely fixed to foundations,with steps and landings at entrance doors. B. Construction: Structurally sound, secure, weather tight enclosures for office. Maintain during progress of Work; remove when no longer needed. C. Temperature Transmission Resistance of Floors,Walls, and Ceilings: Compatible with occupancy requirements. D. Exterior Materials: Weather resistant,finished in one color. E. Interior Materials in Offices: Sheet type materials for walls and ceilings, prefinished or painted;resilient floors and bases. F. Lighting for Offices: 50 fc at desk top height, exterior lighting at entrance doors. G. Fire Extinguishers: Appropriate type fire extinguisher at each office. 2.03 ENVIRONMENTAL CONTROL A. Heating, Cooling, and Ventilating: Automatic equipment to maintain comfort conditions. 2.04 CONTRACTOR OFFICE AND FACILITIES A. Size: For Contractor's needs and to provide space for project meetings. B. Telephone: As specified in Section 01 5000. C. Furnishings in Meeting Area: Conference table and chairs to seat at least eight persons; racks and files for Contract Documents, submittals, and project record documents. D. Other Furnishings: Contractor's option. E. Equipment: Six adjustable band protective helmets for visitors,one 10 inch outdoor weather thermometer and vests. FIELD OFFICES AND SHEDS 01 5213-Page 1 of 2 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15305 San Juan Capistrano, CA 2.05 OWNER AND ARCHITECT/ENGINET)IN(.9d 5500 PART 3 EXECUTION 3.01 PREPARATION A. Fill and grade sites for temporary structures to provide drainage away from buildings. 3.02 INSTALLATION A. Install office spaces ready for occupancy 15 days after date fixed in Notice to Proceed. B. Parking: Two hard surfaced parking spaces for use by City of San Juan Capistrano and City of San Juan Capistrano, connected to office by hard surfaced walk. C. Employee Residential Occupancy: Not allowed on City of San Juan Capistrano's property. 3.03 MAINTENANCE AND CLEANING A. Weekly janitorial services for offices; periodic cleaning and maintenance for offices. B. Maintain approach walks free of mud, water, and snow. 3.04 REMOVAL A. At completion of Work remove buildings, foundations, utility services, and debris. Restore areas. END OF SECTION FIELD OFFICES AND SHEDS 01 5213-Page 2 of 2 Pages San Juan Capistrano Public Library Issued For Bid: August29 2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA VEHICULAR ACCESS AND PARKING PART1 GENERAL 1.01 SECTION INCLUDES A. Access roads. B. Parking. C. Existing pavements and parking areas. D. Permanent pavements and parking facilities. E. Construction parking controls. F. Flag persons. G. Flares and lights. H. Haul routes. I. Traffic signs and signals. J. Maintenance. K. Removal, repair. L. Mud from site vehicles. 1.02 RELATED REQUIREMENTS A. Section 01 1000- Summary: access to site,work sequence, and occupancy. B. Section 31 2200- Grading: Specifications for earthwork and paving bases. PART 2 PRODUCTS 2.01 MATERIALS A. Temporary Construction: Contractor's option. B. Materials for Permanent Construction: As specified in product specification sections, including earthwork, paving base, and topping. 2.02 SIGNS,SIGNALS,AND DEVICES A. Stock Post Mounted and Wall Mounted Traffic Control and Informational Signs: 1. Products: a. Brimar Industries, Inc.; As selected by Contractor: www.safetysign.com. b. Substitutions: See Section 01 6000- Product Requirements. B. Post Mounted and Wall Mounted Traffic Control and Informational Signs: Specified in Section 01 5813- Temporary Project Signage. C. Traffic Cones and Drums, Flares and Lights: As approved by local jurisdictions. D. Flag Person Equipment: As required by local jurisdictions. PART 3 EXECUTION 3.01 PREPARATION A. Clear areas, provide surface and storm drainage of road, parking, area premises, and adjacent areas. 3.02 ACCESS ROADS A. Use of designated existing on-site streets and driveways for construction traffic is permitted. B. Tracked vehicles not allowed on paved areas. C. Extend and relocate as Work progress requires, provide detours as necessary for unimpeded traffic flow. D. Location as approved by City of San Juan Capistrano. E. Provide unimpeded access for emergency vehicles. Maintain 20 foot width driveways with turning space between and around combustible materials. F. Provide and maintain access to fire hydrants free of obstructions. VEHICULAR ACCESS AND 01 5500-Page 1 of 2 Pages PARKING San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA 3.03 PARKING A. Use of designated areas of existing parking facilities bV construction personnel is permitted. B. Arrange for temporary parking areas to accommodate use of construction personnel. C. When site space is not adequate, provide additional off-site parking. D. Locate as approved by City of San Juan Capistrano. 3.04 PERMANENT PAVEMENTS AND PARKING FACILITIES A. Avoid traffic loading beyond paving design capacity. Tracked vehicles not allowed. 3.05 CONSTRUCTION PARKING CONTROL A. Control vehicular parking to prevent interference with public traffic and parking, access by emergency vehicles, and Owner's operations. B. Monitor parking of construction personnel's vehicles in existing facilities. Maintain vehicular access to and through parking areas. C. Prevent parking on or adjacent to access roads or in non-designated areas. 3.06 FLAG PERSONS A. Provide trained and equipped flag persons to regulate traffic when construction operations or traffic encroach on public traffic lanes. 3.07 FLARES AND LIGHTS A. Use flares and lights during hours of low visibilityto delineate traffic lanes and to guide traffic. 3.08 HAUL ROUTES A. Consult with authority having jurisdiction, establish public thoroughfares to be used for haul routes and site access. B. Confine construction traffic to designated haul routes. C. Provide traffic control at critical areas of haul routes to regulate traffic, to minimize interference with public traffic. 3.09 TRAFFIC SIGNS AND SIGNALS A. At approaches to site and on site, install at crossroads, detours, parking areas, and elsewhere as needed to direct construction and affected public traffic. B. Relocate as Work progresses, to maintain effective traffic control. 3.10 MAINTENANCE A. Maintain traffic and parking areas in a sound condition free of excavated material, construction equipment, Products, mud, snow,and ice. B. Maintain existing paved areas used for construction; promptly repair breaks, potholes,low areas, standing water, and other deficiencies,to maintain paving and drainage in original,or specified, condition. 3.11 REMOVAL, REPAIR A. Remove temporary roads when permanent paving is usable. B. Remove underground work and compacted materials to a depth of 2 feet; fill and grade site as specified. C. Repair existing facilities damaged by use, to original condition. D. Remove equipment and devices when no longer required. E. Repair damage caused by installation. F. Remove post settings to a depth of 2 feet. 3.12 MUD FROM SITE VEHICLES A. Provide means of removing mud from vehicle wheels before entering streets. END OF SECTION VEHICULAR ACCESS AND 01 5500-Page 2 of 2 Pages PARKING City Hall Complex Issued For Bid: August 29,2016 Exterior Siding and Roof Repair CIP 15305 San Juan Capistrano, CA SECTION 01 5721 INDOOR AIR QUALITY CONTROLS PART1 GENERAL 1.01 SECTION INCLUDES A. Construction procedures to promote adequate indoor air quality after construction. B. Building flush-out after construction and before occupancy. C. Testing indoor air quality before commencement of construction; existing building areas only. D. Testing indoor air quality after completion of construction. E. Testing air change effectiveness after completion of construction. 1.02 PROJECT GOALS A. See Section 01 3329- Sustainable Design Reporting,for overall project goals relating to environment and energy. B. Dust and Airborne Particulates: Prevent deposition of dust and other particulates in HVAC ducts and equipment. 1. Cleaning of ductwork is not contemplated under this Contract. 2. Contractor shall bear the cost of cleaning required due to failure to protect ducts and equipment from construction dust. 3. Establish condition of existing ducts and equipment prior to start of alterations. C. Airborne Contaminants: Procedures and products have been specified to minimize indoor air pollutants. 1. Furnish products meeting the specifications. 2. Avoid construction practices that could result in contamination of installed products leading to indoor air pollution. 1.03 RELATED REQUIREMENTS A. Section 01 4000- Quality Requirements: Testing and inspection services. B. Section 01 6116-Volatile Organic Compound (VOC) Content Restrictions. C. Section 23 4000- HVAC Air Cleaning Devices: HVAC filters. 1.04 REFERENCE STANDARDS A. ASHRAE Std 129- Measuring Air-Change Effectiveness; 1997 (Reaffirmed 2002). B. ASTM D5149- Standard Test Method for Ozone in the Atmosphere:Continuous Measurement by Ethylene Chemiluminescence; 2002 (Reapproved 2008). C. ASTM D5197- Standard Test Method for Determination of Formaldehyde and Other Carbonyl Compounds in Air(Active Sampler Methodology); 2009. D. EPA 600/4-90/010-Compendium of Methods for the Determination of Air Pollutants in Indoor Air;April 1990. E. EPA 625/R-96/01 Ob- Compendium of Methods for the Determination of Toxic Organic Compounds in Ambient Air; January 1999. F. SMACNA(OCC)- IAQ Guideline for Occupied Buildings Under Construction;2007. 1.05 DEFINITIONS A. Adsorptive Materials: Gypsum board, acoustical ceiling tile and panels, carpet and carpet tile,fabrics,fibrous insulation, and other similar products. B. Contaminants: Gases, vapors, regulated pollutants, airborne mold and mildew, and the like, as specified. C. Particulates: Dust, dirt, and other airborne solid matter. D. Wet Work: Concrete, plaster, coatings, and other products that emit water vapor or volatile organic compounds during installation, drying,or curing. 1.06 SUBMITTALS A. See Section 01 3000- Administrative Requirements,for submittal procedures. INDOOR AIR QUALITY CONTROLS 01 5721 -Page 1 of 5 Pages City Hall Complex Issued For Bid: August 29, 2016 Exterior Siding and Roof Repair CIP 15305 San Juan Capistrano, CA B. Indoor Air Quality Management Plan: Describe in detail measures to be taken to promote adequate indoor air quality upon completion; use SMACNA(OCC)as a guide. 1. Submit not less than 60 days before enclosure of building. 2. Identify potential sources of odor and dust. 3. Identify construction activities likely to produce odor or dust. 4. Identify areas of project potentially affected, especially occupied areas_ 5. Evaluate potential problems by severity and describe methods of control. 6. Describe construction ventilation to be provided, including type and duration of ventilation,use of permanent HVAC systems,types of filters and schedule for replacement of filters. 7. Describe cleaning and dust control procedures. C. Interior Finishes Installation Schedule: Identify each interior finish that either generates odors, moisture, or vapors or is susceptible to adsorption of odors and vapors, and indicate air handling zone, sequence of application,and curing times. D. Duct and Terminal Unit Inspection Report. E. Air Contaminant Test Plan: Identify: 1. Testing agency qualifications. 2. Locations and scheduling of air sampling. 3. Test procedures, in detail. 4. Test instruments and apparatus. 5. Sampling methods. F. Air Contaminant Test Reports: Show: 1. Location where each sample was taken, and time. 2. Test values for each air sample;average the values of each set of 3. 3. HVAC operating conditions. 4. Certification of test equipment calibration. 5. Other conditions or discrepancies that might have influenced results. G. Ventilation Effectiveness Test Plan: Identify: 1. Testing agency qualifications. 2. Description of test spaces, including locations of air sampling. 3. Test procedures, in detail; state whether tracer gas decay or step-up will be used. 4. Test instruments and apparatus; identify tracer gas to be used. 5. Sampling methods. H. Ventilation Effectiveness Test Reports: Show: 1. Include preliminary tests of instruments and apparatus and of test spaces. 2. Calculation of ventilation effectiveness, E. 3. Location where each sample was taken, and time. 4. Test values for each air sample. 5. HVAC operating conditions. 6. Other information specified in ASHRAE 129. 7_ Other conditions or discrepancies that might have influenced results. 1.07 QUALITY ASSURANCE A. Testing and Inspection Agency Qualifications: Independent testing agency having minimum of 5 years experience in performing the types of testing specified. PART 2 PRODUCTS 2.01 MATERIALS A. Low VOC Materials: See Section 01 6116. B. Low VOC Materials: See other sections for specific requirements for materials with low VOC content. C. Auxiliary Air Filters: MERV of 8, minimum, when tested in accordance with ASHRAE 52.2. PART 3 EXECUTION 3.01 CONSTRUCTION PROCEDURES A. Prevent the absorption of moisture and humidity by adsorptive materials by: INDOOR AIR QUALITY CONTROLS 01 5721 -Page 2 of 5 Pages City Hall Complex Issued For Bid: August 29,2016 Exterior Siding and Roof Repair CIP 15305 San Juan Capistrano, CA 1. Sequencing the delivery of such materials so that they are not present in the building until wet work is completed and dry. 2. Delivery and storage of such materials in fully sealed moisture-impermeable packaging. 3. Provide sufficient ventilation for drying within reasonable time frame. B. Begin construction ventilation when building is substantially enclosed. C. If extremely dusty or dirty work must be conducted inside the building, shut down HVAC systems for the duration; remove dust and dirt completely before restarting systems. D. When working in a portion of an occupied building, prevent movement of air from construction area to occupied area. E. HVAC equipment and ductwork may NOT be used for ventilation during construction: 1. Provide temporary ventilation equivalent to 1.5 air changes per hour, minimum. 2. Exhaust directly to outside. 3. Seal HVAC air inlets and outlets immediately after duct installation. F. Do not store construction materials or waste in mechanical or electrical rooms. G. Prior to use of return air ductwork without intake filters clean up and remove dust and debris generated by construction activities. 1. Inspect duct intakes, return air grilles, and terminal units for dust. 2. Clean plenum spaces, including top sides of lay-in ceilings, outsides of ducts, tops of pipes and conduit. 3. Clean tops of doors and frames. 4. Clean mechanical and electrical rooms,including tops of pipes, ducts,and conduit, equipment,and supports. 5. Clean return plenums of air handling units. 6. Remove intake filters last, after cleaning is complete. H. Do not perform dusty or dirty work after starting use of return air ducts without intake filters. I. Use other relevant recommendations of SMACNA (OCC) for avoiding unnecessary contamination due to construction procedures. 3.02 BUILDING FLUSH-OUT A. Contractor's Option: Either full continuous flush-out OR satisfactory air contaminant testing is required, not both. B. Perform building flush-out before occupancy. C. Do not start flush-out until: 1. All construction is complete. 2. HVAC systems have been tested, adjusted, and balanced for proper operation. 3. Inspection of inside of return air ducts and terminal units confirms that cleaning is not necessary_ 4. New HVAC filtration media have been installed. D. Building Flush-Out: Operate all ventilation systems at normal flow rates with 100 percent outside air until a total air volume of 14,000 cubic feet per square foot of floor area has been supplied. 1. Obtain City of San Juan Capistrano's concurrence that construction is complete enough before beginning flush-out. 2. Maintain interior temperature of at least 60 degrees F and interior relative humidity no higher than 60 percent. 3. If additional construction involving materials that produce particulates or any of the specified contaminants is conducted during flush-out, start flush-out over. 4. If interior spaces must be occupied prior to completion of the flush-out, supply a minimum of 25 percent of the total air volume prior to occupancy, and: a. Begin ventilation at least three hours prior to daily occupancy. b. Continue ventilation during all occupied periods. c. Provide minimum outside air volume of 0.30 cfm per square foot or design minimum outside air rate, whichever is greater. INDOOR AIR QUALITY CONTROLS 01 5721 -Page 3 of 5 Pages San Juan Capistrano Public Library Exterior Issued For Bid: August 29,2016 Repairs and Painting CIP 15303 San Juan Capistrano, CA E. Install new HVAC filtration media after completion of flush-out and before occupancy or further testing. 3.03 AIR CONTAMINANT TESTING A. Contractor's Option: Either full continuous flush-out OR satisfactory air contaminant testing is required, not both. B. Perform air contaminant testing before starting construction, as base line for evaluation of post-construction testing. C. Perform air contaminant testing before occupancy. D. Do not start air contaminant testing until: 1. All construction is complete,including interior finishes. 2. HVAC systems have been tested, adjusted, and balanced for proper operation. 3. New HVAC filtration media have been installed. E. Indoor Air Samples: Collect from spaces representative of occupied areas: 1. Collect samples while operable windows and exterior doors are closed, HVAC system is running normally as if occupied,with design minimum outdoor air, but with the building unoccupied. 2. Collect samples from spaces in each contiguous floor area in each air handler zone, but not less than one sample per 25,000 square feet; take samples from areas having the least ventilation and those having the greatest presumed source strength. 3. Collect samples from height from 36 inches to 72 inches above floor. 4. Collect samples from same locations on 3 consecutive days during normal business hours; average the results of each set of 3 samples. 5. Exception: Areas with normal very high outside air ventilation rates, such as laboratories, do not need to be tested. 6. When retesting the same building areas,take samples from at least the same locations as in first test. F. Outdoor Air Samples: Collect samples at outside air intake of each air handler at the same time as indoor samples are taken. G. Analyze air samples and submit report. H. Air Contaminant Concentration Limits: 1. Formaldehyde: Not more than 27 parts per billion. 2. PM 10 Particulates: Not more than 50 micrograms per cubic meter. 3. Total Volatile Organic Compounds (TVOCs): Not more than 200 micrograms per cubic meter. 4. Chemicals Listed in CAL(CDPH SM)Table 4-1, except Formaldehyde: Allowable concentrations listed in Table 4-1. 5. Carbon Monoxide: Not more than 9 parts per million and not more than 2 parts per million higher than outdoor air. I. Air Contaminant Concentration Test Methods: 1. Formaldehyde: ASTM D5197, EPA 625 Method TO-11A, or EPA 600 Method IP-6. 2. Particulates: EPA 600 Method IP-10. 3. Ozone: ASTM D5149. 4. Total Volatile Organic Compounds (TVOC): EPA 625 Method TO-1, TO-15, or TO-17; or EPA 600 Method IP-1. 5. Chemicals Listed in CAL (CDPH SM)Table 4-1, except Formaldehyde: ASTM D5197, or EPA 625 Method TO-1, TO-15, or TO-17. 6. Carbon Monoxide: EPA 600 Method IP-3, plus measure outdoor air; measure in ppm; report both indoor and outdoor measurements. J. If air samples show concentrations higher than those specified,ventilate with 100 percent outside air and retest at no cost to City of San Juan Capistrano, or conduct full building flush-out specified above. 3.04 VENTILATION EFFECTIVENESS TESTING A. Perform ventilation effectiveness testing before occupancy. B. Do not begin ventilation effectiveness testing until: INDOOR AIR QUALITY CONTROLS 01 5721 -Page 4 of 5 Pages City Hall Complex Issued For Bid: August 29,2016 Exterior Siding and Roof Repair CIP 15305 San Juan Capistrano, CA 1. HVAC testing, adjusting, and balancing has been satisfactorily completed. 2. Building flush-out or air contaminant testing has been completed satisfactorily. 3. New HVAC filtration media have been installed. C. Test each air handler zone in accordance with ASHRAE 129. D. If calculated air change effectiveness for a particular zone is less than 0.9 due to inadequate balancing of the system,adjust, and retest at no cost to City of San Juan Capistrano. END OF SECTION INDOOR AIR QUALITY CONTROLS 01 5721 -Page 5 of 5 Pages City Hall Complex Issued For Bid: August 29,2016 Exterior Siding and Roof Repair CIP 15305 San Juan Capistrano, CA SECTION 01 5813 TEMPORARY PROJECT SIGNAGE PART1 GENERAL 1.01 SECTION INCLUDES A. Project identification sign. B. Project informational signs. 1.02 RELATED REQUIREMENTS A. Section 01 1000-Summary: Responsibility to provide signs. 1.03 REFERENCE STANDARDS A. FHWA (SHS)- Standard Highway Signs; Federal Highway Administration, U.S.Department of Transportation; 2004. 1.04 QUALITY ASSURANCE A. Design sign and structure to withstand 50 miles/hr wind velocity. B. Sign Painter: Experienced as a professional sign painter for minimum three years. C. Finishes, Painting: Adequate to withstand weathering,fading, and chipping for duration of construction. 1.05 SUBMITTALS A. See Section 01 3000-Administrative Requirements for submittal procedures. B. Shop Drawing: Show content, layout,lettering, color, foundation, structure, sizes and grades of members. PART 2 PRODUCTS 2.01 SIGN MATERIALS A. Structure and Framing: New, wood, structurally adequate. B. Sign Surfaces: Exterior grade plywood with medium density overlay, minimum 3/4 inch thick, standard large sizes to minimize joints. C. Rough Hardware: Galvanized. D. Paint and Primers: Exterior quality,two coats; sign background of white color. E. Lettering: Exterior quality paint, contrasting colors. 2.02 PROJECT IDENTIFICATION SIGN A. One painted sign, 48 sq ft area, bottom 6 feet above ground. B. Content: 1. Project number, title, logo and name of City of San Juan Capistrano as indicated on Contract Documents. 2. Names and titles of authorities. 3. Names and titles of City of San Juan Capistrano and Consultants. 4. Name of Prime Contractor . C. Graphic Design, Colors, Style of Lettering: Designated by City of San Juan Capistrano. D. Lettering: Standard Alphabet Series C, as specified in FHWA Standard Highway Signs (SHS). 2.03 PROJECT INFORMATIONAL SIGNS A. Painted informational signs of same colors and lettering as Project Identification sign,or standard products; size lettering to provide legibility at 100 foot distance. B. Provide at each field office, storage shed, and directional signs to direct traffic into and within site. Relocate as Work progress requires. C. Provide municipal traffic agency directional traffic signs to and within site. 2.04 SIGNS,SIGNALS,AND DEVICES A. Stock Post Mounted and Wall Mounted Traffic Control and Informational Signs: TEMPORARY PROJECT SIGNAGE 01 5813-Page 1 of 2 Pages City Hall Complex Issued For Bid: August 29,2016 Exterior Siding and Roof Repair CIP 15305 San Juan Capistrano, CA 1. Products: a. Brimar Industries, Inc.; As selected by Contractor: www.safetysign.com. b. Substitutions: See Section 01 6000 - Product Requirements. PART 3 EXECUTION 3.01 INSTALLATION A. Install project identification sign within 30 days after date fixed by Notice to Proceed. B. Erect at designated location. C. Erect supports and framing on secure foundation, rigidly braced and framed to resist wind loadings. D. Install sign surface plumb and level, with butt joints. Anchor securely. E. Paint exposed surfaces of sign, supports, and framing. 3.02 MAINTENANCE A. Maintain signs and supports clean, repair deterioration and damage. 3.03 REMOVAL A. Remove signs, framing, supports, and foundations at completion of Project and restore the area. END OF SECTION TEMPORARY PROJECT SIGNAGE 01 5813-Page 2 of 2 Pages City Hall Complex Issued For Bid: August 29,2016 Exterior Siding and Roof Repair CIP 15305 San Juan Capistrano, CA SECTION 01 6000 PRODUCT REQUIREMENTS PART1 GENERAL 1.01 SECTION INCLUDES A. General product requirements. B. Re-use of existing products. C. Transportation, handling, storage and protection. D. Product option requirements. E. Substitution limitations and procedures. F. Procedures for City of San Juan Capistrano-supplied products. G. Maintenance materials, including extra materials, spare parts,tools,and software. 1.02 RELATED REQUIREMENTS A. Document 00 2113- Instructions to Bidders: Product options and substitution procedures prior to bid date. B. Section 01 1000- Summary: Lists of products to be removed from existing building. C. Section 01 4000- Quality Requirements: Product quality monitoring. D. Section 01 6116- Volatile Organic Compound (VOC)Content Restrictions: Requirements for VOC-restricted product categories. E. Section 01 7419- Construction Waste Management and Disposal Waste disposal requirements potentially affecting packaging and substitutions. 1.03 REFERENCE STANDARDS A. 16 CFR 260.13- Guides for the Use of Environmental Marketing Claims; Federal Trade Commission; Recycled Content; current edition. B. ASTM D6866- Standard Test Methods for Determining the Biobased Content of Solid, Liquid, and Gaseous Samples Using Radiocarbon Analysis;2012 C. C2C (DIR)- C2C Certified Products Registry; Cradle to Cradle Products Innovation Institute; http://www.c2ccertified.org/products/registry. D. EN 15804- Sustainability of construction works - Environmental product declarations- Core rules for the product category of construction products; 2012. E. GreenScreen(LIST)- GreenScreen for Safer Chemicals List Translator;Clean Production Action;www.greenscreenchemicals.org. F. GreenScreen(METH)-GreenScreen for Safer Chemicals Method v1.2;Clean Production Action;www.greenscreenchemicals.org. G. HPDC (Tool)- Create an HPD On-Line Tool; Health Product Declaration Collaborative; http://hpdcollaborative.org/manufacturers/. H. ISO 14025-Environmental labels and declarations-- Type III environmental declarations-- Principles and procedures; 2006. I. ISO 14040-Environmental management-- Life cycle assessment-- Principles and framework; 2006. J. ISO 14044-Environmental management-- Life cycle assessment-- Requirements and guidelines; 2006. K. ISO 21930- Sustainability in building construction-- Environmental declaration of building products; 2007. 1.04 SUBMITTALS A. Proposed Products List: Submit list of major products proposed for use, with name of manufacturer,trade name, and model number of each product. 1. Submit within 15 days after date of Agreement. 2. For products specified only by reference standards, list applicable reference standards. PRODUCT REQUIREMENTS 01 6000-Page 1 of 5 Pages City Hall Complex Issued For Bid: August 29,2016 Exterior Siding and Roof Repair CIP 15305 San Juan Capistrano, CA B. Product Data Submittals: Submit manufacturer's standard published data. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information specific to this Project. C. Shop Drawing Submittals: Prepared specifically for this Project; indicate utility and electrical characteristics, utility connection requirements, and location of utility outlets for service for functional equipment and appliances. D. Sample Submittals: Illustrate functional and aesthetic characteristics of the product,with integral parts and attachment devices.Coordinate sample submittals for interfacing work. 1. For selection from standard finishes, submit samples of the full range of the manufacturer's standard colors, textures, and patterns. 1.05 QUALITY ASSURANCE A. Bio-Based Content: Of vegetable or animal origin, not including products made by killing the animal. 1. Determine percentage of bio-based content in accordance with ASTM D6866. 2. Bio-based content must be sourced from a Sustainable Agriculture Network certified farm. B. Environmental Product Declaration (EPD): Publicly available, critically reviewed life cycle analysis having at least a cradle-to-gate scope. 1. Good: Product-specific; compliant with ISO 14044. 2. Better: Industry-wide, generic; compliant with ISO 21930,or with ISO 14044, ISO 14040, ISO 14025, and EN 15804; Type III third-party certification with external verification, in which the manufacturer is recognized as the program operator. 3. Best: Commercial-product-specific;compliant with ISO 21930, or with ISO 14044, ISO 14040, ISO 14025, and EN 15804; Type III third-party certification with external verification, in which the manufacturer is recognized as the program operator. 4. Where demonstration of impact reduction below industry average is required, submit both industry-wide and commercial-product-specific declarations;or submit at least 5 declarations for products of the same type by other manufacturers in the same industry. C. GreenScreen Chemical Hazard Analysis: All ingredients of 100 parts-per-million or greater evaluated using GreenScreen for Safer Chemicals Method v1.2. 1. Good: GreenScreen List Translator evaluation to identify Benchmark 1 hazards; a Health Product Declaration includes this information. 2. Better: GreenScreen Full Assessment. 3. Best: GreenScreen Full Assessment by GreenScreen Licensed Profiler. 4. Acceptable Evidence: GreenScreen report. D. Health Product Declarations (HPD): Complete, published declaration with full disclosure of known hazards, prepared using the Health Product Declaration Collaborative's"Create an HPD"on-line tool; HPD's with"unknown"listed for any hazard will not be considered acceptable_ E. Manufacturer's Inventory of Product Content: Publicly available inventory of all ingredients identified by name and Chemical Abstract Service Registration Number (CAS RN). 1. For ingredients considered a trade secret or intellectual property,the name and CAS RN may be omitted, provided the ingredient's role, amount, and GreenScreen Benchmark are given. F. Recycled Content: Determine percentage of post-consumer and post-industrial (pre-consumer) content separately, using the guidelines contained in 16 CFR 260.13. 1. Previously used, reused, refurbished, and salvaged products are not considered recycled. 2. Wood fabricated from timber abandoned in transit to original mill is considered reused, not recycled. 3. Determine percentage of recycled content of any item by dividing the weight of recycled content in the item by the total weight of all material in the item. 4. Determine value of recycled content of each item separately,by multiplying the content percentage by the value of the item. 5. Acceptable Evidence: PRODUCT REQUIREMENTS 01 6000 -Page 2 of 5 Pages City Hall Complex Issued For Bid: August 29,2016 Exterior Siding and Roof Repair CIP 15305 San Juan Capistrano, CA a. For percentage of recycled content, information from manufacturer. b. For cost, Contractor's cost data. G. Reused Products: Materials and equipment previously used in this or other construction, salvaged and refurbished as specified. 1. Wood fabricated from timber abandoned in transit after harvesting is considered reused, not recycled. 2. Acceptable Evidence: Information about the origin or source,from Contractor or supplier. H. Source Location: Location of harvest, extraction, recovery, or manufacture; where information about source location is required to be submitted, give the postal address: 1. In all cases, indicate the location of final assembly. 2. For harvested products, indicate location of harvest. 3. For extracted (i.e. mined) products, indicate location of extraction. 4. For recovered products, indicate location of recovery. 5. For products involving multiple manufacturing steps, provide a description of the process at each step, with location. 6. Acceptable Evidence: a. Manufacturer's certification. b. Life cycle analysis(LCA)performed by third-party. I. Sustainably Harvested Wood: Solid wood,wood chips, and wood fiber certified or labeled by an organization accredited by one of the following: 1. The Forest Stewardship Council, The Principles for Natural Forest Management;for Canada visit http://www.fsccanada.org, for the USA visit http://www.fscus.org. 2. Acceptable Evidence: Copies of invoices bearing the certifying organization's certification numbers. PART 2 PRODUCTS 2.01 EXISTING PRODUCTS A. Do not use materials and equipment removed from existing premises unless specifically required or permitted by the Contract Documents. B. Unforeseen historic items encountered remain the property of the City of San Juan Capistrano; notify City of San Juan Capistrano promptly upon discovery; protect, remove, handle, and store as directed by City of San Juan Capistrano. C. Existing materials and equipment indicated to be removed, but not to be re-used, relocated, reinstalled,delivered to the City of San Juan Capistrano, or otherwise indicated as to remain the property of the City of San Juan Capistrano, become the property of the Contractor; remove from site. D. Specific Products to be Reused: The reuse of certain materials and equipment already existing on the project site is required. 1. See Section 01 1000 for list of items required to be salvaged for reuse and relocation. 2. If reuse of other existing materials or equipment is desired, submit substitution request. 2.02 NEW PRODUCTS A. Provide new products unless specifically required or permitted by the Contract Documents. B. DO NOT USE products having any of the following characteristics: 1. Made outside the United States, its territories, Canada, or Mexico. 2. Made using or containing CFC's or HCFC's. 3. Made of wood from newly cut old growth timber. 4. Containing lead, cadmium, asbestos. C. Where all other criteria are met, Contractor shall give preference to products that: 1. If used on interior, have lower emissions, as defined in Section 01 6116. 2. If wet-applied, have lower VOC content,as defined in Section 01 6116. 3. Are extracted, harvested, and/or manufactured closer to the location of the project. 4. Have longer documented life span under normal use. 5. Result in less construction waste. 6. Are made of vegetable materials that are rapidly renewable. PRODUCT REQUIREMENTS 01 6000-Page 3 of 5 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA 7. Are made of recycled materials. 8. Have a published GreenScreen Chemical Hazard Analysis. 2.03 PRODUCT OPTIONS A. Products Specified by Reference Standards or by Description Only: Use any product meeting those standards or description. B. Products Specified by Naming One or More Manufacturers: Use a product of one of the manufacturers named and meeting specifications, no options or substitutions allowed. C. Products Specified by Naming One or More Manufacturers with a Provision for Substitutions: Submit a request for substitution for any manufacturer not named. 2.04 MAINTENANCE MATERIALS A. Furnish extra materials, spare parts, tools, and software of types and in quantities specified in individual specification sections. B. Deliver to Project site;obtain receipt prior to final payment. PART 3 EXECUTION 3.01 SUBSTITUTION PROCEDURES A. Instructions to Bidders specify time restrictions for submitting requests for substitutions during the bidding period. Comply with requirements specified in this section. B. City of San Juan Capistrano will consider requests for substitutions only within 15 days after date of Agreement. C. Substitutions will not be considered when a product becomes unavailable through no fault of the Contractor. D. Document each request with complete data substantiating compliance of proposed substitution with Contract Documents. E. A request for substitution constitutes a representation that the submitter: 1. Has investigated proposed product and determined that it meets or exceeds the quality level of the specified product. 2. Will provide the same warranty for the substitution as for the specified product. 3. Will coordinate installation and make changes to other Work that may be required for the Work to be complete with no additional cost to City of San Juan Capistrano. 4. Waives claims for additional costs or time extension that may subsequently become apparent. 5. Will reimburse City of San Juan Capistrano and City of San Juan Capistrano for review or redesign services associated with re-approval by authorities. F. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals, without separate written request, or when acceptance will require revision to the Contract Documents. G. Substitution Submittal Procedure: 1. Submit three copies of request for substitution for consideration. Limit each request to one proposed substitution. 2. Submit shop drawings, product data, and certified test results attesting to the proposed product equivalence. Burden of proof is on proposer. 3. The City of San Juan Capistrano will notify Contractor in writing of decision to accept or reject request. 3.02 OWNER-SUPPLIED PRODUCTS A. See Section 01 1000 for identification of City of San Juan Capistrano-supplied products. B. City of San Juan Capistrano's Responsibilities: 1. Arrange for and deliver City of San Juan Capistrano reviewed shop drawings, product data, and samples, to Contractor. 2. Arrange and pay for product delivery to site. 3. On delivery, inspect products jointly with Contractor. 4. Submit claims for transportation damage and replace damaged, defective, or deficient items. 5. Arrange for manufacturers' warranties, inspections, and service. PRODUCT REQUIREMENTS 01 6000 -Page 4 of 5 Pages City Hall Complex Issued For Bid: August 29,2016 Exterior Siding and Roof Repair CIP 15305 San Juan Capistrano, CA C. Contractor's Responsibilities: 1. Review City of San Juan Capistrano reviewed shop drawings, product data, and samples. 2. Receive and unload products at site;inspect for completeness or damage jointly with City of San Juan Capistrano. 3. Handle, store, install and finish products. 4. Repair or replace items damaged after receipt. 3.03 TRANSPORTATION AND HANDLING A. Package products for shipment in manner to prevent damage; for equipment,package to avoid loss of factory calibration. B. If special precautions are required, attach instructions prominently and legibly on outside of packaging. C. Coordinate schedule of product delivery to designated prepared areas in order to minimize site storage time and potential damage to stored materials. D. Transport and handle products in accordance with manufacturer's instructions. E. Transport materials in covered trucks to prevent contamination of product and littering of surrounding areas. F. Promptly inspect shipments to ensure that products comply with requirements, quantities are correct, and products are undamaged. G. Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage,and to minimize handling. H. Arrange for the return of packing materials, such as wood pallets,where economically feasible. 3.04 STORAGE AND PROTECTION A. Designate receiving/storage areas for incoming products so that they are delivered according to installation schedule and placed convenient to work area in order to minimize waste due to excessive materials handling and misapplication_ B. Store and protect products in accordance with manufacturers'instructions. C. Store with seals and labels intact and legible. D. Store sensitive products in weather tight, climate controlled, enclosures in an environment favorable to product. E. For exterior storage of fabricated products, place on sloped supports above ground. F. Protect products from damage or deterioration due to construction operations,weather, precipitation, humidity,temperature, sunlight and ultraviolet light, dirt, dust, and other contaminants. G. Comply with manufacturer's warranty conditions, if any. H. Do not store products directly on the ground. I. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to prevent condensation and degradation of products. J. Store loose granular materials on solid flat surfaces in a well-drained area. Prevent mixing with foreign matter. K. Prevent contact with material that may cause corrosion, discoloration,or staining. L. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage. M. Arrange storage of products to permit access for inspection. Periodically inspect to verify products are undamaged and are maintained in acceptable condition. END OF SECTION PRODUCT REQUIREMENTS 01 6000-Page 5 of 5 Pages City Hall Complex Issued For Bid: August 29,2016 Exterior Siding and Roof Repair CIP 15305 San Juan Capistrano, CA SECTION 01 6116 VOLATILE ORGANIC COMPOUND(VOC) CONTENT RESTRICTIONS PART1 GENERAL 1.01 SECTION INCLUDES A. Requirements for Indoor-Emissions-Restricted products. B. Requirements for VOC-Content-Restricted products. C. Requirement for installer certification that they did not use any non-compliant products. 1.02 RELATED REQUIREMENTS A. Section 01 3000-Administrative Requirements: Submittal procedures. B. Section 01 3329.07- Prohibited Content Installer Certification: Form for certifying that no non-compliant products were used. C. Section 01 4000- Quality Requirements: Procedures for testing and certifications. D. Section 01 5721 - Indoor Air Quality Controls: Procedures and testing. E. Section 01 6000-Product Requirements: Fundamental product requirements, substitutions and product options, delivery,storage,and handling. F. Section 07 9200- Joint Sealants: Emissions-compliant sealants. 1.03 DEFINITIONS A. Indoor-Emissions-Restricted Products: All products in the following product categories, whether specified or not: 1. Interior paints and coatings. 2. Interior adhesives and sealants,including flooring adhesives. 3. Composite wood. 4. Products making up walt and ceiling assemblies. 5. Thermal and acoustical insulation. 6. Other products when specifically stated in the specifications. B. VOC-Content-Restricted Products: All products in the following product categories,whether specified or not: 1. Interior paints and coatings. 2. Interior adhesives and sealants,including flooring adhesives. 3. Wet-applied roofing and waterproofing. 4. Other products when specifically stated in the specifications. C. Interior of Building: Anywhere inside the exterior weather barrier. D. Adhesives: All gunnable, trowelable, liquid-applied, and aerosol adhesives,whether specified or not; including flooring adhesives, resilient base adhesives,and pipe jointing adhesives. E. Sealants: All gunnable, trowelable,and liquid-applied joint sealants and sealant primers, whether specified or not; including firestopping sealants and duct joint sealers. F. Inherently Non-Emitting Materials: Products composed wholly of minerals or metals, unless they include organic-based surface coatings, binders, or sealants;and specifically the following: 1. Concrete. 2. Clay brick. 3. Metals that are plated, anodized, or powder-coated. 4. Glass. 5. Ceramics. 1.04 REFERENCE STANDARDS A. 40 CFR 59, Subpart D- National Volatile Organic Compound Emission Standards for Architectural Coatings; current edition. B. ASTM D3960- Standard Practice for Determining Volatile Organic Compound (VOC) Content of Paints and Related Coatings;2005 (Reapproved 2013). VOLATILE ORGANIC COMPOUND 01 6116-Page 1 of 3 Pages (VOC) CONTENT RESTRICTIONS San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA C. BIFMA e3- Furniture Sustainability Standard; Business and Institutional Furniture Manufacturers Association; 2012. (ANSI/BIFMA e3) D. CAL (CDPH SM)- Standard Method for the Testing and Evaluation of Volatile Organic Chemical Emissions From Indoor Sources Using Environmental Chambers; California Department of Public Health; v1.1, 2010. E. GARB (ATCM)-Airborne Toxic Control Measure to Reduce Formaldehyde Emissions from Composite Wood Products; California Air Resources Board; current edition. F. GARB (SCM)- Suggested Control Measure for Architectural Coatings;California Air Resources Board; 2007. G. CHIPS (HPPD) - High Performance Products Database; Collaborative for High Performance Schools (CHIPS); current edition at www.chps.net/. H. CRI (GLP)- Green Label Plus Testing Program -Certified Products; Carpet and Rug Institute; Current Edition. I. SCAQMD 1113 -South Coast Air Quality Management District Rule No.1113; current edition; www.aqmd.gov. J. SCAQMD 1168-South Coast Air Quality Management District Rule No.1168; current edition; www.aqmd.gov. K. SCS (CPO) - SCS Certified Products; Scientific Certification Systems; current listings at www.scscertified.com. L. UL (GGG)- GREENGUARD Gold Certified Products; UL Environment; current listings at http://http://productguide.ulenvironment.com/QuickSearch.aspx. 1.05 SUBMITTALS A. See Section 01 3000 -Administrative Requirements,for submittal procedures. B. Product Data: For each VOC-restricted product used in the project, submit evidence of compliance. C. Installer Certifications Regarding Prohibited Content: Require each installer of any type of product (not just the products for which VOC restrictions are specified) to certify that either 1) no adhesives, joint sealants, paints, coatings, or composite wood or agrifiber products have been used in the installation of his products, or 2)that such products used comply with these requirements. 1.06 QUALITY ASSURANCE A. Indoor Emissions Standard and Test Method: CAL (CDPH SM), using Standard Private Office exposure scenario and the allowable concentrations specified in the method, and range of total VOC's after 14 days. 1. Wet-Applied Products: State amount applied in mass per surface area. 2. Paints and Coatings: Test tinted products, not just tinting bases. 3. Evidence of Compliance: Acceptable types of evidence are the following; a. Current UL (GGG) certification. lo. Current SCS (CPO) Floorscore certification. C. Current SCS (CPO) Indoor Advantage Gold certification. d. Current listing in CHPS (HPPD) as a low-emitting product. e. Current CRI (GLP) certification. f. Test report showing compliance and stating exposure scenario used. 4. Product data submittal showing VOC content is NOT acceptable evidence. 5. Manufacturer's certification without test report by independent agency is NOT acceptable evidence. B. VOC Content Test Method: 40 CFR 59, Subpart D (EPA Method 24), or ASTM 03960, unless otherwise indicated. 1. Evidence of Compliance: Acceptable types of evidence are: a. Report of laboratory testing performed in accordance with requirements. C. Composite Wood Emissions Standard: CARIB (ATCM) for ultra-low emitting formaldehyde (ULEF) resins. 1. Evidence of Compliance: Acceptable types of evidence are: VOLATILE ORGANIC COMPOUND 01 6116-Page 2 of 3 Pages (VOC) CONTENT RESTRICTIONS San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA a. Current SCS"No Added Formaldehyde(NAF)"certification; www.scscertified.com. b. Report of laboratory testing performed in accordance with requirements. c. Published product data showing compliance with requirements. D. Furnishings Emissions Standard and Test Method: BIFMA e3 Sections 7.6.1 and 7.6.2, tested in accordance with BIFMA M7.1. 1. Evidence of Compliance: a. Test report showing compliance and stating exposure scenario used. E. Testing Agency Qualifications: Independent firm specializing in performing testing and inspections of the type specified in this section. PART 2 PRODUCTS 2.01 MATERIALS A. All Products: Comply with the most stringent of federal, State,and local requirements, or these specifications. B. Indoor-Emissions-Restricted Products: Comply with Indoor Emissions Standard and Test Method, except for: 1. Composite Wood,Wood Fiber, and Wood Chip Products: Comply with Composite Wood Emissions Standard or contain no added formaldehyde resins. 2. Furnishings: Comply with Furnishings Emissions Standard and Test Method. 3. Inherently Non-Emitting Materials. C. VOC-Content-Restricted Products: VOC content not greater than required by the following: 1. Adhesives, Including Flooring Adhesives: SCAQMD 1168 Rule. 2. Joint Sealants: SCAQMD 1168 Rule. 3. Paints and Coatings: Each color; most stringent of the following: a. 40 CFR 59, Subpart D. b. SCAQMD 1113 Rule. c. GARB(SCM). 4. Wet-Applied Roofing and Waterproofing: Comply with requirements for paints and coatings. PART 3 EXECUTION 3.01 FIELD QUALITY CONTROL A. City of San Juan Capistrano reserves the right to reject non-compliant products, whether installed or not, and require their removal and replacement with compliant products at no extra cost to City of San Juan Capistrano. B. Additional costs to restore indoor air quality due to installation of non-compliant products will be borne by Contractor. END OF SECTION VOLATILE ORGANIC COMPOUND 01 6116-Page 3 of 3 Pages (VOC) CONTENT RESTRICTIONS San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA SECTION 01 7000 EXECUTION AND CLOSEOUT REQUIREMENTS PART1 GENERAL 1.01 SECTION INCLUDES A. Examination,preparation, and general installation procedures. B. Requirements for alterations work, including selective demolition, except removal, disposal, and/or remediation of hazardous materials and toxic substances. C. Pre-installation meetings. D. Cutting and patching. E. Surveying for laying out the work. F. Cleaning and protection. G. Starting of systems and equipment. H. Demonstration and instruction of City of San Juan Capistrano personnel. I. Closeout procedures,including Contractor's Correction Punch List, except payment procedures. J. General requirements for maintenance service. 1.02 RELATED REQUIREMENTS A. Section 01 1000 -Summary: Limitations on working in existing building; continued occupancy;work sequence; identification of salvaged and relocated materials. B. Section 01 3000 -Administrative Requirements: Submittals procedures, Electronic document submittal service. C. Section 01 4000-Quality Requirements: Testing and inspection procedures. D. Section 01 5000-Temporary Facilities and Controls: Temporary exterior enclosures. E. Section 01 5000-Temporary Facilities and Controls: Temporary interior partitions. F. Section 01 5100-Temporary Utilities: Temporary heating, cooling, and ventilating facilities. G. Section 01 5713-Temporary Erosion and Sediment Control: Additional erosion and sedimentation control requirements. H. Section 01 7419-Construction Waste Management and Disposal: Additional procedures for trash/waste removal, recycling, salvage, and reuse. I. Section 01 7800 -Closeout Submittals: Project record documents, operation and maintenance data, warranties and bonds. J. Section 01 7900- Demonstration and Training: Demonstration of products and systems to be commissioned and where indicated in specific specification sections K. Section 02 4100- Demolition: Demolition of whole structures and parts thereof; site utility demolition. L. Section 02 8400 - Polychlorinate Biphenyl (PCB) Remediation: Removal of equipment containing substances regulated under the Federal Toxic Substances Control Act (TSCA), including but not limited to PCB- and mercury-containing equipment. M. Section 07 8400- Firestopping. N. Individual Product Specification Sections: 1. Advance notification to other sections of openings required in work of those sections. 2. Limitations on cutting structural members. 1.03 REFERENCE STANDARDS A. NFPA 241-Standard for Safeguarding Construction, Alteration, and Demolition Operations; 2013. 1.04 SUBMITTALS A. See Section 01 3000 -Administrative Requirements,for submittal procedures. EXECUTION AND CLOSEOUT 01 7000-Page 4 of 9 Pages REQUIREMENTS San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA B. Survey work: Submit name, address, and telephone number of Surveyor before starting survey work. 1. On request, submit documentation verifying accuracy of survey work. 2. Submit a copy of site drawing signed by the Land Surveyor,that the elevations and locations of the work are in conformance with Contract Documents. 3. Submit surveys and survey logs for the project record. C. Demolition Plan: Submit demolition plan as specified by OSHA and local authorities. 1. Indicate extent of demolition, removal sequence, bracing and shoring, and location and construction of barricades and fences. Include design drawings and calculations for bracing and shoring. 2. Identify demolition firm and submit qualifications. 3. Include a summary of safety procedures. D. Cutting and Patching: Submit written request in advance of cutting or alteration that affects: 1. Structural integrity of any element of Project. 2. Integrity of weather exposed or moisture resistant element. 3. Efficiency, maintenance, or safety of any operational element. 4. Visual qualities of sight exposed elements. 5. Work of City of San Juan Capistrano or separate Contractor. 6. Include in request: a. Identification of Project. b. Location and description of affected work. c. Necessity for cutting or alteration. d. Description of proposed work and products to be used. e. Alternatives to cutting and patching. f. Effect on work of City of San Juan Capistrano or separate Contractor. g. Written permission of affected separate Contractor. h. Date and time work will be executed. E. Project Record Documents: Accurately record actual locations of capped and active utilities. 1.05 QUALIFICATIONS A. For demolition work, employ a firm specializing in the type of work required. 1. Minimum of 3 years of documented experience. B. For survey work, employ a land surveyor registered in California and acceptable to City of San Juan Capistrano. Submit evidence of Surveyor's Errors and Omissions insurance coverage in the form of an Insurance Certificate. C. For field engineering, employ a professional engineer of the discipline required for specific service on Project, licensed in California. D. For design of temporary shoring and bracing, employ a Professional Engineer experienced in design of this type of work and licensed in California. 1.06 PROJECT CONDITIONS A. Use of explosives is not permitted. B. Grade site to drain. Maintain excavations free of water. Provide, operate,and maintain pumping equipment. C. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. D. Ventilate enclosed areas to assist cure of materials, to dissipate humidity,and to prevent accumulation of dust,fumes, vapors,or gases. E. Dust Control Execute work by methods to minimize raising dust from construction operations. Provide positive means to prevent air-borne dust from dispersing into atmosphere and over adjacent property. 1. Provide dust-proof enclosures to prevent entry of dust generated outdoors. 2. Provide dust-proof barriers between construction areas and areas continuing to be occupied by City of San Juan Capistrano. EXECUTION AND CLOSEOUT 01 7000-Page 2 of 9 Pages REQUIREMENTS San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA F. Erosion and Sediment Control: Plan and execute work by methods to control surface drainage from cuts and fills, from borrow and waste disposal areas. Prevent erosion and sedimentation. 1. Minimize amount of bare soil exposed at one time. 2. Provide temporary measures such as berms, dikes, and drains, to prevent water flow. 3. Construct fill and waste areas by selective placement to avoid erosive surface silts or clays. 4. Periodically inspect earthwork to detect evidence of erosion and sedimentation; promptly apply corrective measures. G. Noise Control: Provide methods, means, and facilities to minimize noise produced by construction operations. 1. At All Times: Excessively noisy tools and operations will not be tolerated inside the building at any time of day; excessively noisy includes jackhammers. 2. Outdoors: Limit conduct of especially noisy exterior work to the hours of 8 am to 5 pm. 3. Indoors: Limit conduct of especially noisy interior work to the hours of 6 pm to 7 am. H. Pest and Rodent Control: Provide methods, means, and facilities to prevent pests and insects from damaging the work. 1. Pest Control Service: Weekly treatments. I. Rodent Control: Provide methods, means, and facilities to prevent rodents from accessing or invading premises. J. Pollution Control: Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by construction operations. Comply with federal, state,and local regulations. 1.07 COORDINATION A. See Section 01 1000 for occupancy-related requirements. B. Coordinate scheduling, submittals, and work of the various sections of the Project Manual to ensure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. C. Notify affected utility companies and comply with their requirements. D. Verify that utility requirements and characteristics of new operating equipment are compatible with building utilities. Coordinate work of various sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment. E. Coordinate space requirements, supports, and installation of mechanicaland electrical work that are indicated diagrammatically on Drawings. Follow routing shown for pipes, ducts, and conduit, as closely as practicable;place runs parallel with lines of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs. F. In finished areas except as otherwise indicated, conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements. G. Coordinate completion and clean-up of work of separate sections. H. After City of San Juan Capistrano occupancy of premises, coordinate access to site for correction of defective work and work not in accordance with Contract Documents, to minimize disruption of City of San Juan Capistrano's activities. PART 2 PRODUCTS 2.01 PATCHING MATERIALS A. New Materials: As specified in product sections; match existing products and work for patching and extending work. B. Type and Quality of Existing Products: Determine by inspecting and testing products where necessary, referring to existing work as a standard. C. Product Substitution: For any proposed change in materials, submit request for substitution described in Section 01 6000 - Product Requirements. EXECUTION AND CLOSEOUT 01 7000-Page 3 of 9 Pages REQUIREMENTS San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA PART 3 EXECUTION 3.01 EXAMINATION A. Verify that existing site conditions and substrate surfaces are acceptable for subsequent work. Start of work means acceptance of existing conditions. B. Verify that existing substrate is capable of structural support or attachment of new work being applied or attached. C. Examine and verify specific conditions described in individual specification sections. D. Take field measurements before confirming product orders or beginning fabrication,to minimize waste due to over-ordering or misfabrication. E. Verify that utility services are available,of the correct characteristics,and in the correct locations. F. Prior to Cutting: Examine existing conditions prior to commencing work, including elements subject to damage or movement during cutting and patching. After uncovering existing work,assess conditions affecting performance of work. Beginning of cutting or patching means acceptance of existing conditions. 3.02 PREPARATION A. Clean substrate surfaces prior to applying next material or substance. B. Seal cracks or openings of substrate prior to applying next material or substance. C. Apply manufacturer required or recommended substrate primer, sealer, or conditioner prior to applying any new material or substance in contact or bond. 3.03 PREINSTALLATION MEETINGS A. When required in individual specification sections,convene a preinstallation meeting at the site prior to commencing work of the section. B. Require attendance of parties directly affecting, or affected by,work of the specific section. C. Notify City of San Juan Capistrano four days in advance of meeting date. D. Prepare agenda and preside at meeting: 1. Review conditions of examination, preparation and installation procedures. 2. Review coordination with related work. E. Record minutes and distribute copies within two days after meeting to participants,with two copies to City of San Juan Capistrano,City of San Juan Capistrano,participants,and those affected by decisions made. 3.04 LAYING OUT THE WORK A. Verify locations of survey control points prior to starting work. B. Promptly notify City of San Juan Capistrano of any discrepancies discovered. C. Contractor shall locate and protect survey control and reference points. D. Control datum for survey is that established by City of San Juan Capistrano provided survey. E. Protect survey control points prior to starting site work; preserve permanent reference points during construction. F. Promptly report to City of San Juan Capistrano the loss or destruction of any reference point or relocation required because of changes in grades or other reasons. G. Replace dislocated survey control points based on original survey control. Make no changes without prior written notice to City of San Juan Capistrano. H. Utilize recognized engineering survey practices. I. Establish elevations, lines and levels. Locate and lay out by instrumentation and similar appropriate means: 1. Site improvements including pavements; stakes for grading,fill and topsoil placement; utility locations, slopes, and invert elevations;and 2. Grid or axis for structures. 3. Building foundation, column locations, ground floor elevations,and J. Periodically verify layouts by same means. EXECUTION AND CLOSEOUT 01 7000-Page 4 of 9 Pages REQUIREMENTS San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA K. Maintain a complete and accurate log of control and survey work as it progresses. 3.05 GENERAL INSTALLATION REQUIREMENTS A. Install products as specified in individual sections, in accordance with manufacturer's instructions and recommendations, and so as to avoid waste due to necessity for replacement. B. Make vertical elements plumb and horizontal elements level, unless otherwise indicated. C. Install equipment and fittings plumb and level,neatly aligned with adjacent vertical and horizontal lines, unless otherwise indicated. D. Make consistent texture on surfaces,with seamless transitions,unless otherwise indicated. E. Make neat transitions between different surfaces, maintaining texture and appearance. 3.06 ALTERATIONS A. Drawings showing existing construction and utilities are based on casual field observation and existing record documents only. 1. Verify that construction and utility arrangements are as shown. 2. Report discrepancies to City of San Juan Capistrano before disturbing existing installation. 3. Beginning of alterations work constitutes acceptance of existing conditions. B. Keep areas in which alterations are being conducted separated from other areas that are still occupied. 1. Provide, erect, and maintain temporary dustproof partitions of construction specified in Section 01 5000 in locations indicated on drawings. 2. Provide sound retardant partitions of construction indicated on drawings in locations indicated on drawings. C. Maintain weatherproof exterior building enclosure except for interruptions required for replacement or modifications;take care to prevent water and humidity damage. 1. Where openings in exterior enclosure exist, provide construction to make exterior enclosure weatherproof. 2. Insulate existing ducts or pipes that are exposed to outdoor ambient temperatures by alterations work. D. Remove existing work as indicated and as required to accomplish new work. 1. Remove rotted wood, corroded metals, and deteriorated masonry and concrete; replace with new construction specified. 2. Remove items indicated on drawings. 3. Relocate items indicated on drawings. 4. Where new surface finishes are to be applied to existing work, perform removals, patch, and prepare existing surfaces as required to receive new finish; remove existing finish if necessary for successful application of new finish. 5. Where new surface finishes are not specified or indicated, patch holes and damaged surfaces to match adjacent finished surfaces as closely as possible. E. Services(Including but not limited to HVAC,Plumbing, Fire Protection,Electrical,and Telecommunications): Remove, relocate, and extend existing systems to accommodate new construction. 1. Maintain existing active systems that are to remain in operation;maintain access to equipment and operational components; if necessary, modify installation to allow access or provide access panel. 2. Where existing systems or equipment are not active and Contract Documents require reactivation, put back into operational condition; repair supply,distribution,and equipment as required. 3. Where existing active systems serve occupied facilities but are to be replaced with new services, maintain existing systems in service until new systems are complete and ready for service. a. Disable existing systems only to make switchovers and connections;minimize duration of outages. b. See Section 01 1000 for other limitations on outages and required notifications. EXECUTION AND CLOSEOUT 01 7000-Page 5 of 9 Pages REQUIREMENTS San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA c. Provide temporary connections as required to maintain existing systems in service. 4. Verify that abandoned services serve only abandoned facilities. 5. Remove abandoned pipe, ducts,conduits, and equipment,including those above accessible ceilings; remove back to source of supply where possible, otherwise cap stub and tag with identification;patch holes left by removal using materials specified for new construction. F. Protect existing work to remain. 1. Prevent movement of structure; provide shoring and bracing if necessary. 2. Perform cutting to accomplish removals neatly and as specified for cutting new work. 3. Repair adjacent construction and finishes damaged during removal work. G. Adapt existing work to fit new work: Make as neat and smooth transition as possible. 1. When existing finished surfaces are cut so that a smooth transition with new work is not possible, terminate existing surface along a straight line at a natural line of division and make recommendation to City of San Juan Capistrano. 2. Where removal of partitions or walls results in adjacent spaces becoming one,rework floors,walls, and ceilings to a smooth plane without breaks, steps,or bulkheads. 3. Where a change of plane of 1/4 inch or more occurs in existing work, submit recommendation for providing a smooth transition for City of San Juan Capistrano 4. Trim existing wood doors as necessary to clear new floor finish. Refinish trim as required. H. Patching: Where the existing surface is not indicated to be refinished, patch to match the surface finish that existed prior to cutting. Where the surface is indicated to be refinished, patch so that the substrate is ready for the new finish. I. Refinish existing surfaces as indicated: 1. Where rooms or spaces are indicated to be refinished, refinish all visible existing surfaces to remain to the specified condition for each material,with a neat transition to adjacent finishes. 2. If mechanical or electrical work is exposed accidentally during the work, re-cover and refinish to match. J. Clean existing systems and equipment. K. Remove demolition debris and abandoned items from alterations areas and dispose of off-site; do not burn or bury. L. Do not begin new construction in alterations areas before demolition is complete. M. Comply with all other applicable requirements of this section. 3.07 CUTTING AND PATCHING A. Whenever possible, execute the work by methods that avoid cutting or patching. B. See Alterations article above for additional requirements. C. Perform whatever cutting and patching is necessary to: 1. Complete the work. 2. Fit products together to integrate with other work. 3. Provide openings for penetration of mechanical, electrical, and other services. 4. Match work that has been cut to adjacent work. 5. Repair areas adjacent to cuts to required condition. 6. Repair new work damaged by subsequent work. 7. Remove samples of installed work for testing when requested. 8. Remove and replace defective and non-conforming work. D. Execute work by methods that avoid damage to other work and that will provide appropriate surfaces to receive patching and finishing. In existing work, minimize damage and restore to original condition. E. Employ original installer to perform cutting for weather exposed and moisture resistant elements, and sight exposed surfaces. EXECUTION AND CLOSEOUT 01 7000-Page 6 of 9 Pages REQUIREMENTS San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA F. Cut rigid materials using masonry saw or core drill. Pneumatic tools not allowed without prior approval. G. Restore work with new products in accordance with requirements of Contract Documents. H. Fit work air tight to pipes, sleeves, ducts, conduit,and other penetrations through surfaces. I. At penetrations of fire rated walls, partitions,ceiling, or floor construction, completely seal voids with fire rated material in accordance with Section 07 8400, to full thickness of the penetrated element. J. Patching: 1. Finish patched surfaces to match finish that existed prior to patching. On continuous surfaces, refinish to nearest intersection or natural break. For an assembly, refinish entire unit. 2. Match color,texture, and appearance. 3. Repair patched surfaces that are damaged, lifted, discolored, or showing other imperfections due to patching work. If defects are due to condition of substrate,repair substrate prior to repairing finish. 3.08 PROGRESS CLEANING A. Maintain areas free of waste materials,debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove debris and rubbish from pipe chases, plenums, attics, crawl spaces, and other closed or remote spaces, prior to enclosing the space. C. Broom and vacuum clean interior areas prior to start of surface finishing, and continue cleaning to eliminate dust. D. Collect and remove waste materials,debris, and trash/rubbish from site periodically and dispose off-site; do not burn or bury. 3.09 PROTECTION OF INSTALLED WORK A. Protect installed work from damage by construction operations. B. Provide special protection where specified in individual specification sections. C. Provide temporary and removable protection for installed products. Control activity in immediate work area to prevent damage. D. Provide protective coverings at walls, projections,jambs, sills, and soffits of openings. E. Protect finished floors,stairs, and other surfaces from traffic, dirt, wear,damage, or movement of heavy objects, by protecting with durable sheet materials. F. Prohibit traffic or storage upon waterproofed or roofed surfaces. If traffic or activity is necessary, obtain recommendations for protection from waterproofing or roofing material manufacturer. G. Prohibit traffic from landscaped areas. H. Remove protective coverings when no longer needed;reuse or recycle plastic coverings if possible. 3.10 SYSTEM STARTUP A. Coordinate schedule for start-up of various equipment and systems. B. Notify City of San Juan Capistrano and owner seven days prior to start-up of each item. C. Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, and for conditions that may cause damage. D. Verify tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer. E. Verify that wiring and support components for equipment are complete and tested. F. Execute start-up under supervision of applicable Contractor personnel and manufacturer's representative in accordance with manufacturers' instructions. G. When specified in individual specification Sections,require manufacturer to provide authorized representative to be present at site to inspect, check, and approve equipment or EXECUTION AND CLOSEOUT 01 7000-Page 7 of 9 Pages REQUIREMENTS San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA system installation prior to start-up, and to supervise placing equipment or system in operation. H. Submit a written report that equipment or system has been properly installed and is functioning correctly. 3.11 DEMONSTRATION AND INSTRUCTION A. See Section 01 7900- Demonstration and Training. 3.12 ADJUSTING A. Adjust operating products and equipment to ensure smooth and unhindered operation. B. Testing, adjusting,and balancing HVAC systems: See Section 23 0593- Testing,Adjusting, and Balancing for HVAC. 3.13 FINAL CLEANING A. Execute final cleaning prior to final project assessment. 1. Clean areas to be occupied by City of San Juan Capistrano prior to final completion before City of San Juan Capistrano occupancy. B. Use cleaning materials that are nonhazardous. C. Clean interior and exterior glass, surfaces exposed to view; remove temporary labels,stains and foreign substances, polish transparent and glossy surfaces,vacuum carpeted and soft surfaces. D. Remove all labels that are not permanent. Do not paint or otherwise cover fire test labels or nameplates on mechanical and electrical equipment. E. Clean equipment and fixtures to a sanitary condition with cleaning materials appropriate to the surface and material being cleaned. F. Clean filters of operating equipment. G. Clean debris from roofs, gutters, downspouts, scuppers, overflow drains, area drains, and drainage systems. H. Clean site; sweep paved areas, rake clean landscaped surfaces. I. Remove waste,surplus materials, trash/rubbish, and construction facilities from the site; dispose of in legal manner; do not burn or bury. J. Clean City of San Juan Capistrano-occupied areas of work. 3.14 CLOSEOUT PROCEDURES A. Make submittals that are required by governing or other authorities. 1. Provide copies to City of San Juan Capistrano and City of San Juan Capistrano. B. Accompany Project Coordinator on preliminary inspection to determine items to be listed for completion or correction in the Contractor's Correction Punch List for Contractor's Notice of Substantial Completion. C. Notify City of San Juan Capistrano when work is considered ready for City of San Juan Capistrano's Substantial Completion inspection. D. Submit written certification containing Contractor's Correction Punch List,that Contract Documents have been reviewed, work has been inspected, and that work is complete in accordance with Contract Documents and ready for City of San Juan Capistrano's Substantial Completion inspection. E. City of San Juan Capistrano will occupy all of the building as specified in Section 01 1000. F. Conduct Substantial Completion inspection and create Final Correction Punch List containing City of San Juan Capistrano's and Contractor's comprehensive list of items identified to be completed or corrected and submit to City of San Juan Capistrano. G. Correct items of work listed in Final Correction Punch List and comply with requirements for access to City of San Juan Capistrano-occupied areas. H. Accompany Project Coordinator on Contractor's preliminary final inspection. I. Notify City of San Juan Capistrano when work is considered finally complete and ready for City of San Juan Capistrano's Substantial Completion final inspection. EXECUTION AND CLOSEOUT 01 7000-Page 8 of 9 Pages REQUIREMENTS San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA J. Complete items of work determined by Elements Architecture, Inc. listed in executed Certificate of Substantial Completion. 3.15 MAINTENANCE A. Provide service and maintenance of components indicated in specification sections. B. Maintenance Period: As indicated in specification sections or, if not indicated, not less than one year from the Date of Substantial Completion or the length of the specified warranty, whichever is longer. C. Examine system components at a frequency consistent with reliable operation. Clean, adjust, and lubricate as required. D. Include systematic examination,adjustment, and lubrication of components. Repair or replace parts whenever required. Use parts produced by the manufacturer of the original component. E. Maintenance service shall not be assigned or transferred to any agent or subcontractor without prior written consent of the City of San Juan Capistrano. END OF SECTION EXECUTION AND CLOSEOUT 01 7000-Page 9 of 9 Pages REQUIREMENTS San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA SECTION 01 7419 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL PART1 GENERAL 1.01 WASTE MANAGEMENT REQUIREMENTS A. City of San Juan Capistrano requires that this project generate the least amount of trash and waste possible. B. Employ processes that ensure the generation of as little waste as possible due to error, poor planning, breakage, mishandling,contamination, or other factors. C. Minimize trash/waste disposal in landfills; reuse, salvage, or recycle as much waste as economically feasible. D. City of San Juan Capistrano may decide to pay for additional recycling, salvage, and/or reuse based on Landfill Alternatives Proposal specified below. E. Required Recycling, Salvage, and Reuse: The following may not be disposed of in landfills or by incineration: 1. Aluminum and plastic beverage containers. 2. Corrugated cardboard. 3. Wood pallets. 4. Clean dimensional wood: May be used as blocking or furring. 5. Land clearing debris, including brush, branches, logs, and stumps; see Section 31 1000- Site Clearing for use options. 6. Concrete: May be crushed and used as riprap, aggregate, sub-base material,or fill. 7. Bricks: May be used on project if whole, or crushed and used as landscape cover, sub-base material, or fill. 8. Concrete masonry units: May be used on project if whole, or crushed and used as sub-base material or fill. 9. Precast concrete panels: May be used for erosion control or landscape features. 10. Asphalt paving: May be recycled into paving for project. 11. Metals, including packaging banding, metal studs, sheet metal, structural steel,piping, reinforcing bars, door frames, and other items made of steel,iron, galvanized steel, stainless steel, aluminum, copper, zinc, lead, brass, and bronze. 12. Glass. 13. Gypsum drywall and plaster. 14. Plastic buckets. 15. Carpet, carpet cushion, carpet tile,and carpet remnants, both new and removed: DuPont (http://flooring.dupont.com) and Interface (www.interfaceinc.com)conduct reclamation programs. 16. Asphalt roofing shingles. 17. Paint. 18. Plastic sheeting. 19. Rigid foam insulation. 20. Vinyl siding. 21. Windows, doors, and door hardware. 22. Mechanical and electrical equipment. 23. Fluorescent lamps (light bulbs). 24. Acoustical ceiling tile and panels. F. Contractor shall submit periodic Waste Disposal Reports; all landfill disposal, recycling, salvage, and reuse must be reported regardless of to whom the cost or savings accrues; use the same units of measure on all reports. G. Contractor shall develop and follow a Waste Management Plan designed to implement these requirements. H. Methods of trash/waste disposal that are not acceptable are: 1. Burning on the project site. 2. Burying on the project site. 3. Dumping or burying on other property, public or private. 4. Other illegal dumping or burying. CONSTRUCTION WASTE 01 7419-Page 1 of 5 Pages MANAGEMENT AND DISPOSAL San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA 5. Incineration, either on-or off-site. I. Regulatory Requirements: Contractor is responsible for knowing and complying with regulatory requirements, including but not limited to Federal, state and local requirements, pertaining to legal disposal of all construction and demolition waste materials. 1.02 RELATED REQUIREMENTS A. Section 01 1000- Summary: List of items to be salvaged from the existing building for relocation in project or for City of San Juan Capistrano. B. Section 01 3000-Administrative Requirements: Additional requirements for project meetings, reports, submittal procedures, and project documentation. C. Section 01 5000- Temporary Facilities and Controls: Additional requirements related to trash/waste collection and removal facilities and services. D. Section 01 6000- Product Requirements: Waste prevention requirements related to delivery,storage, and handling. E. Section 01 7000-Execution and Closeout Requirements: Trash/waste prevention procedures related to demolition,cutting and patching, installation,protection, and cleaning. F. Section 31 1000- Site Clearing: Handling and disposal of land clearing debris. 1.03 DEFINITIONS A. Clean: Untreated and unpainted; not contaminated with oils,solvents, caulk,or the like. B. Construction and Demolition Waste: Solid wastes typically including building materials, packaging, trash, debris, and rubble resulting from construction, remodeling, repair and demolition operations. C. Hazardous: Exhibiting the characteristics of hazardous substances,i.e., ignitibility, corrosivity,toxicity or reactivity. D. Nonhazardous: Exhibiting none of the characteristics of hazardous substances, i.e., ignitibility,corrosivity,toxicity, or reactivity. E. Nontoxic: Neither immediately poisonous to humans nor poisonous after a long period of exposure. F. Recyclable: The ability of a product or material to be recovered at the end of its life cycle and remanufactured into a new product for reuse by others. G. Recycle: To remove a waste material from the project site to another site for remanufacture into a new product for reuse by others. H. Recycling: The process of sorting, cleansing, treating and reconstituting solid waste and other discarded materials for the purpose of using the altered form. Recycling does not include burning, incinerating,or thermally destroying waste. I. Return: To give back reusable items or unused products to vendors for credit. J. Reuse: To reuse a construction waste material in some manner on the project site. K. Salvage: To remove a waste material from the project site to another site for resale or reuse by others. L. Sediment: Soil and other debris that has been eroded and transported by storm or well production run-off water. M. Source Separation: The act of keeping different types of waste materials separate beginning from the first time they become waste. N. Toxic: Poisonous to humans either immediately or after a long period of exposure. O. Trash: Any product or material unable to be reused, returned, recycled, or salvaged. P. Waste: Extra material or material that has reached the end of its useful life in its intended use. Waste includes salvageable, returnable, recyclable, and reusable material. 1.04 SUBMITTALS A. See Section 01 3000- Administrative Requirements,for submittal procedures. CONSTRUCTION WASTE 01 7419-Page 2 of 5 Pages MANAGEMENT AND DISPOSAL San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA B. Landfill Alternatives Proposal: Within 10 calendar days after receipt of Notice of Award of Bid, or prior to any trash or waste removal, whichever occurs sooner, submit a projection of trash/waste that will require disposal and alternatives to landfilling,with net costs. 1. Submit to City of San Juan Capistrano for City of San Juan Capistrano's review and approval. 2. If City of San Juan Capistrano wishes to implement any cost alternatives, the Contract Sum will be adjusted as specified elsewhere. 3. Include an analysis of trash/waste to be generated and landfill options as specified for Waste Management Plan described below_ 4. Describe as many alternatives to landfilling as possible: a. List each material proposed to be salvaged, reused, or recycled. b. List the proposed local market for each material. c. State the estimated net cost resulting from each alternative,after subtracting revenue from sale of recycled or salvaged materials and landfill tipping fees saved due to diversion of materials from the landfill. C. Once City of San Juan Capistrano has determined which of the landfill alternatives addressed in the Proposal above are acceptable, prepare and submit Waste Management Plan; submit within 10 calendar days after notification by City of San Juan Capistrano. D. Waste Management Plan: Include the following information: 1. Analysis of the trash and waste projected to be generated during the entire project construction cycle, including types and quantities. 2. Landfill Options:The name, address, and telephone number of the landfill(s)where trash/waste will be disposed of, the applicable landfill tipping fee(s), and the projected cost of disposing of all project trash/waste in the landfill(s). 3. Landfill Alternatives: List all waste materials that will be diverted from landfills by reuse, salvage, or recycling. a. List each material proposed to be salvaged, reused, or recycled. b. List the local market for each material. c. State the estimated net cost, versus landfill disposal. 4. Meetings: Describe regular meetings to be held to address waste prevention, reduction, recycling, salvage, reuse, and disposal. 5. Materials Handling Procedures: Describe the means by which materials to be diverted from landfills will be protected from contamination and prepared for acceptance by designated facilities; include separation procedures for recyclables, storage, and packaging. 6. Transportation: Identify the destination and means of transportation of materials to be recycled; i.e.whether materials will be site-separated and self-hauled to designated centers, or whether mixed materials will be collected by a waste hauler. 7. Recycling Incentives: Describe procedures required to obtain credits, rebates,or similar incentives. E. Waste Disposal Reports: Submit at specified intervals,with details of quantities of trash and waste, means of disposal or reuse, and costs; show both totals to date and since last report. 1. Submit updated Report with each Application for Progress Payment;failure to submit Report will delay payment. 2. Submit Report on a form acceptable to City of San Juan Capistrano. 3. Landfill Disposal: Include the following information: a. Identification of material. b. Amount, in tons or cubic yards, of trash/waste material from the project disposed of in landfills. c. State the identity of landfills, total amount of tipping fees paid to landfill, and total disposal cost. d. Include manifests, weight tickets, receipts, and invoices as evidence of quantity and cost. 4. Recycled and Salvaged Materials: Include the following information for each: a. Identification of material, including those retrieved by installer for use on other projects. b. Amount, in tons or cubic yards, date removed from the project site,and receiving party. CONSTRUCTION WASTE 01 7419-Page 3 of 5 Pages MANAGEMENT AND DISPOSAL San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA c. Transportation cost, amount paid or received for the material, and the net total cost or savings of salvage or recycling each material. d. Include manifests,weight tickets, receipts, and invoices as evidence of quantity and cost. e. Certification by receiving party that materials will not be disposed of in landfills or by incineration. 5. Material Reused on Project: Include the following information for each: a. Identification of material and how it was used in the project. b. Amount, in tons or cubic yards. c. Include weight tickets as evidence of quantity. 6. Other Disposal Methods: Include information similar to that described above,as appropriate to disposal method. F. Recycling Incentive Programs: 1. Where revenue accrues to Contractor, submit copies of documentation required to quality for incentive. 2. Where revenue accrues to City of San Juan Capistrano, submit any additional documentation required by City of San Juan Capistrano in addition to information provided in periodic Waste Disposal Report. PART 2 PRODUCTS 2.01 PRODUCT SUBSTITUTIONS A. See Section 01 6000- Product Requirements for substitution submission procedures. B. For each proposed product substitution, submit the following information in addition to requirements specified in Section 01 6000: 1. Relative amount of waste produced, compared to specified product. 2. Cost savings on waste disposal, compared to specified product,to be deducted from the Contract Sum. 3. Proposed disposal method for waste product. 4. Markets for recycled waste product. PART 3 EXECUTION 3.01 WASTE MANAGEMENT PROCEDURES A. See Section 01 1000 for list of items to be salvaged from the existing building for relocation in project or for City of San Juan Capistrano. B. See Section 01 3000 for additional requirements for project meetings, reports, submittal procedures, and project documentation. C. See Section 01 5000 for additional requirements related to trash/waste collection and removal facilities and services. D. See Section 01 6000 for waste prevention requirements related to delivery,storage, and handling. E. See Section 01 7000 for trash/waste prevention procedures related to demolition,cutting and patching, installation, protection, and cleaning. 3.02 WASTE MANAGEMENT PLAN IMPLEMENTATION A. Manager: Designate an on-site person or persons responsible for instructing workers and overseeing and documenting results of the Waste Management Plan. B. Communication: Distribute copies of the Waste Management Plan to job site foreman, each subcontractor, City of San Juan Capistrano, and City of San Juan Capistrano. C. Instruction: Provide on-site instruction of appropriate separation,handling, and recycling, salvage, reuse, and return methods to be used by all parties at the appropriate stages of the project. D. Meetings: Discuss trash/waste management goals and issues at project meetings. 1. Pre-bid meeting. 2. Pre-construction meeting. 3. Regular job-site meetings. CONSTRUCTION WASTE 01 7419-Page 4 of 5 Pages MANAGEMENT AND DISPOSAL San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA E. Facilities: Provide specific facilities for separation and storage of materials for recycling, salvage, reuse, return,and trash disposal,for use by all contractors and installers. 1. As a minimum, provide: a. Separate area for storage of materials to be reused on-site, such as wood cut-offs for blocking. b. Separate dumpsters for each category of recyclable. c. Recycling bins at worker lunch area. 2. Provide containers as required. 3. Provide temporary enclosures around piles of separated materials to be recycled or salvaged. 4. Provide materials for barriers and enclosures that are nonhazardous, recyclable, or reusable to the maximum extent possible; reuse project construction waste materials if possible. 5. Locate enclosures out of the way of construction traffic. 6. Provide adequate space for pick-up and delivery and convenience to subcontractors. 7. If an enclosed area is not provided, clearly lay out and label a specific area on-site. 8. Keep recycling and trash/waste bin areas neat and clean and clearly marked in order to avoid contamination of materials. F. Hazardous Wastes: Separate, store, and dispose of hazardous wastes according to applicable regulations_ G. Recycling: Separate, store, protect, and handle at the site identified recyclable waste products in order to prevent contamination of materials and to maximize recyclability of identified materials. Arrange for timely pickups from the site or deliveries to recycling facility in order to prevent contamination of recyclable materials. H. Reuse of Materials On-Site: Set aside,sort, and protect separated products in preparation for reuse. I. Salvage: Set aside, sort, and protect products to be salvaged for reuse off-site. END OF SECTION CONSTRUCTION WASTE 01 7419-Page 5 of 5 Pages MANAGEMENT AND DISPOSAL San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA SECTION 01 7800 CLOSEOUT SUBMITTALS PART1 GENERAL 1.01 SECTION INCLUDES A. Project Record Documents. B. Operation and Maintenance Data. C. Warranties and bonds. 1.02 RELATED REQUIREMENTS A. Section 00 7200- General Conditions and 00 7300- Supplementary Conditions: Performance bond and labor and material payment bonds, warranty,and correction of work. B. Section 01 3000- Administrative Requirements: Submittals procedures, shop drawings, product data, and samples. C. Section 01 7000- Execution and Closeout Requirements: Contract closeout procedures. D. Individual Product Sections: Specific requirements for operation and maintenance data. E. Individual Product Sections: Warranties required for specific products or Work. 1.03 SUBMITTALS A. Project Record Documents: Submit documents to City of San Juan Capistrano with claim for final Application for Payment. B. Operation and Maintenance Data: 1. Submit two copies of preliminary draft or proposed formats and outlines of contents before start of Work. City of San Juan Capistrano will review draft and return one copy with comments. 2. For equipment, or component parts of equipment put into service during construction and operated by City of San Juan Capistrano, submit completed documents within ten days after acceptance. 3. Submit one copy of completed documents 15 days prior to final inspection. This copy will be reviewed and returned after final inspection,with City of San Juan Capistrano comments. Revise content of all document sets as required prior to final submission. 4. Submit two sets of revised final documents in final form within 10 days after final inspection. C. Warranties and Bonds: 1. For equipment or component parts of equipment put into service during construction with City of San Juan Capistrano's permission, submit documents within 10 days after acceptance. 2. Make other submittals within 10 days after Date of Substantial Completion, prior to final Application for Payment. 3. For items of Work for which acceptance is delayed beyond Date of Substantial Completion, submit within 10 days after acceptance, listing the date of acceptance as the beginning of the warranty period. PART 2 PRODUCTS - NOT USED PART 3 EXECUTION 3.01 PROJECT RECORD DOCUMENTS A. Maintain on site one set of the following record documents; record actual revisions to the Work: 1. Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. 6. Manufacturer's instruction for assembly, installation, and adjusting. B. Ensure entries are complete and accurate, enabling future reference by City of San Juan Capistrano. CLOSEOUT SUBMITTALS 01 7800-Page 1 of 4 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA C. Store record documents separate from documents used for construction. D. Record information concurrent with construction progress. E. Specifications: Legibly mark and record at each product section description of actual products installed, including the following: 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and modifications. F. Record Drawings and Shop Drawings: Legibly mark each item to record actual construction including: 1. Field changes of dimension and detail. 2. Details not on original Contract drawings. 3.02 OPERATION AND MAINTENANCE DATA A. Source Data: For each product or system, list names, addresses and telephone numbers of Subcontractors and suppliers, including local source of supplies and replacement parts. B. Product Data: Mark each sheet to clearly identify specific products and component parts, and data applicable to installation. Delete inapplicable information. C. Drawings: Supplement product data to illustrate relations of component parts of equipment and systems, to show control and flow diagrams. Do not use Project Record Documents as maintenance drawings. D. Typed Text: As required to supplement product data. Provide logical sequence of instructions for each procedure, incorporating manufacturer's instructions. 3.03 OPERATION AND MAINTENANCE DATA FOR MATERIALS AND FINISHES A. For Each Product, Applied Material, and Finish: 1. Product data,with catalog number, size,composition, and color and texture designations. 2. Information for re-ordering custom manufactured products. B. Instructions for Care and Maintenance: Manufacturer's recommendations for cleaning agents and methods, precautions against detrimental cleaning agents and methods, and recommended schedule for cleaning and maintenance. C. Moisture protection and weather-exposed products: Include product data listing applicable reference standards, chemical composition, and details of installation. Provide recommendations for inspections, maintenance, and repair. D. Additional information as specified in individual product specification sections. E. Where additional instructions are required, beyond the manufacturer's standard printed instructions, have instructions prepared by personnel experienced in the operation and maintenance of the specific products. 3.04 OPERATION AND MAINTENANCE DATA FOR EQUIPMENT AND SYSTEMS A. For Each Item of Equipment and Each System: 1. Description of unit or system,and component parts. 2. Identify function, normal operating characteristics, and limiting conditions. 3. Include performance curves, with engineering data and tests. 4. Complete nomenclature and model number of replaceable parts. B. Where additional instructions are required, beyond the manufacturer's standard printed instructions, have instructions prepared by personnel experienced in the operation and maintenance of the specific products. C. Operating Procedures: Include start-up, break-in, and routine normal operating instructions and sequences. Include regulation, control, stopping, shut-down, and emergency instructions. Include summer, winter, and any special operating instructions. D. Maintenance Requirements: Include routine procedures and guide for preventative maintenance and trouble shooting; disassembly, repair, and reassembly instructions;and alignment, adjusting, balancing, and checking instructions. E. Provide servicing and lubrication schedule, and list of lubricants required. CLOSEOUT SUBMITTALS 01 7800-Page 2 of 4 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA F. Include manufacturer's printed operation and maintenance instructions. G. Include sequence of operation by controls manufacturer. H. Provide original manufacturer's parts list, illustrations, assembly drawings, and diagrams required for maintenance. I. Provide control diagrams by controls manufacturer as installed. J. Provide Contractor's coordination drawings,with color coded piping diagrams as installed. K. Provide charts of valve tag numbers,with location and function of each valve,keyed to flow and control diagrams. L. Provide list of original manufacturer's spare parts, current prices, and recommended quantities to be maintained in storage. M. Include test and balancing reports. N. Additional Requirements: As specified in individual product specification sections. 3.05 ASSEMBLY OF OPERATION AND MAINTENANCE MANUALS A. Assemble operation and maintenance data into durable manuals for City of San Juan Capistrano's personnel use,with data arranged in the same sequence as,and identified by, the specification sections. B. Where systems involve more than one specification section, provide separate tabbed divider for each system. C. Binders: Commercial quality,8-1/2 by 11 inch three D side ring binders with durable plastic covers; 2 inch maximum ring size. When multiple binders are used,correlate data into related consistent groupings. D. Cover: Identify each binder with typed or printed title OPERATION AND MAINTENANCE INSTRUCTIONS; identify title of Project; identify subject matter of contents. E. Project Directory: Title and address of Project; names, addresses, and telephone numbers of City of San Juan Capistrano,Consultants,Contractor and subcontractors,with names of responsible parties. F. Tables of Contents: List every item separated by a divider, using the same identification as on the divider tab; where multiple volumes are required, include all volumes Tables of Contents in each volume, with the current volume clearly identified. G. Dividers: Provide tabbed dividers for each separate product and system;identify the contents on the divider tab; immediately following the divider tab include a description of product and major component parts of equipment. H. Text: Manufacturer's printed data,or typewritten data on 20 pound paper. I. Drawings: Provide with reinforced punched binder tab. Bind in with text;fold larger drawings to size of text pages. J. Arrangement of Contents: Organize each volume in parts as follows: 1. Project Directory. 2. Table of Contents, of all volumes, and of this volume. 3. Operation and Maintenance Data: Arranged by system, then by product category. a. Source data. b. Product data, shop drawings,and other submittals. c. Operation and maintenance data. d. Field quality control data. e. Photocopies of warranties and bonds. 4. Design Data: To allow for addition of design data furnished by City of San Juan Capistrano or others, provide a tab labeled "Design Data"and provide a binder large enough to allow for insertion of at least 20 pages of typed text 3.06 WARRANTIES AND BONDS A. Obtain warranties and bonds, executed in duplicate by responsible Subcontractors, suppliers, and manufacturers, within 10 days after completion of the applicable item of work. Except for items put into use with City of San Juan Capistrano's permission, leave date of beginning of time of warranty until Date of Substantial completion is determined. CLOSEOUT SUBMITTALS 01 7800-Page 3 of 4 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA B. Verify that documents are in proper form, contain full information, and are notarized. C. Co-execute submittals when required. D. Retain warranties and bonds until time specified for submittal. E. Include originals of each in operation and maintenance manuals, indexed separately on Table of Contents. END OF SECTION CLOSEOUT SUBMITTALS 01 7800-Page 4 of 4 Pages San Juan Capistrano Public Library Exterior Repairs and Painting CIP 15302 Issued For Bid: August 29,2016 San Juan Capistrano, CA SECTION 02 4100 DEMOLITION PART1 GENERAL 1.01 SECTION INCLUDES A. Selective demolition of built site elements. B. Selective demolition of building elements for alteration purposes. 1.02 RELATED REQUIREMENTS A. Section 00 3100- Available Project Information: Existing building survey conducted by City of San Juan Capistrano; information about known hazardous materials. B. Section 01 1000- Summary: Limitations on Contractor's use of site and premises. C. Section 01 1000- Summary: Sequencing and staging requirements. D. Section 01 1000-Summary: Description of items to be removed by City of San Juan Capistrano. E. Section 01 1000-Summary: Description of items to be salvaged or removed for re-use by Contractor. F. Section 01 5000- Temporary Facilities and Controls: Site fences, security, protective barriers, and waste removal. G. Section 01 5713- Temporary Erosion and Sediment Control. H. Section 01 6000-Product Requirements: Handling and storage of items removed for salvage and relocation. I. Section 01 7000- Execution and Closeout Requirements: Project conditions;protection of bench marks, survey control points, and existing construction to remain; reinstallation of removed products;temporary bracing and shoring. J. Section 01 7419- Construction Waste Management and Disposal: Limitations on disposal of removed materials; requirements for recycling. K. Section 07 0150.19- Preparation for Re-Roofing: Removal of existing roofing, roof insulation,flashing, trim, and accessories. L. Section 31 2323- Fill: Fill material for filling holes, pits, and excavations generated as a result of removal operations. 1.03 REFERENCE STANDARDS A. 29 CFR 1926- U.S. Occupational Safety and Health Standards; current edition. B. NFPA 241 -Standard for Safeguarding Construction,Alteration, and Demolition Operations; 2013. 1.04 SUBMITTALS A. See Section 01 3000-Administrative Requirements,for submittal procedures. B. Site Plan: Showing: 1. Vegetation to be protected. 2. Areas for temporary construction and field offices. 3. Areas for temporary and permanent placement of removed materials. C. Demolition Plan: Submit demolition plan as specified by OSHA and local authorities. 1. Indicate extent of demolition, removal sequence, bracing and shoring, and location and construction of barricades and fences. 2. Identify demolition firm and submit qualifications. 3. Include a summary of safety procedures. D. Project Record Documents: Accurately record actual locations of capped and active utilities and subsurface construction. 1.05 QUALITY ASSURANCE A. Demolition Firm Qualifications: Company specializing in the type of work required. 1. Minimum of 3 years of documented experience. DEMOLITION 02 4100-Page 1 of 4 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA PART2 PRODUCTS 2.01 MATERIALS A. Fill Material: As specified in Section 31 2323- Fill. PART 3 EXECUTION 3.01 SCOPE A. Remove portions of existing buildings in the following sequence: B. Remove other items indicated, for salvage, relocation, and recycling. C. Fill excavations, open pits, and holes in ground areas generated as result of removals, using specified fill; compact fill as specified in Section 31 2200. 3.02 GENERAL PROCEDURES AND PROJECT CONDITIONS A. Comply with other requirements specified in Section 01 7000. B. Comply with applicable codes and regulations for demolition operations and safety of adjacent structures and the public. 1. Obtain required permits. 2. Comply with applicable requirements of NFPA 241. 3. Use of explosives is not permitted. 4. Take precautions to prevent catastrophic or uncontrolled collapse of structures to be removed; do not allow worker or public access within range of potential collapse of unstable structures. 5. Provide,erect, and maintain temporary barriers and security devices. 6. Use physical barriers to prevent access to areas that could be hazardous to workers or the public. 7. Conduct operations to minimize effects on and interference with adjacent structures and occupants. B. Do not close or obstruct roadways or sidewalks without permit. 9. Conduct operations to minimize obstruction of public and private entrances and exits; do not obstruct required exits at any time; protect persons using entrances and exits from removal operations. 10. Obtain written permission from owners of adjacent properties when demolition equipment will traverse, infringe upon or limit access to their property. C. Do not begin removal until receipt of notification to proceed from City of San Juan Capistrano. D. Do not begin removal until built elements to be salvaged or relocated have been removed. E. Do not begin removal until vegetation to be relocated has been removed and specified measures have been taken to protect vegetation to remain. F. Protect existing structures and other elements that are not to be removed. 1. Provide bracing and shoring. 2. Prevent movement or settlement of adjacent structures. 3. Stop work immediately if adjacent structures appear to be in danger. G. Minimize production of dust due to demolition operations; do not use water if that will result in ice, flooding, sedimentation of public waterways or storm sewers, or other pollution. H. If hazardous materials are discovered during removal operations, stop work and notify City of San Juan Capistrano and City of San Juan Capistrano; hazardous materials include regulated asbestos containing materials, lead, PCB's, and mercury. I. Perform demolition in a manner that maximizes salvage and recycling of materials. 1. Comply with requirements of Section 01 7419 -Waste Management. 2. Dismantle existing construction and separate materials. 3. Set aside reusable, recyclable, and salvageable materials; store and deliver to collection point or point of reuse. J. Partial Removal of Paving and Curbs: Neatly saw cut at right angle to surface_ DEMOLITION 02 4100-Page 2 of 4 Pages San Juan Capistrano Public Library Exterior Repairs and Painting CIP 15302 Issued For Bid: August 29,2016 San Juan Capistrano, CA 3.03 EXISTING UTILITIES A. Coordinate work with utility companies; notify before starting work and comply with their requirements; obtain required permits. B. Protect existing utilities to remain from damage. C. Do not disrupt public utilities without permit from authority having jurisdiction. D. Do not close, shut off, or disrupt existing life safety systems that are in use without at least 7 days prior written notification to City of San Juan Capistrano. E. Do not close, shut off,or disrupt existing utility branches or take-offs that are in use without at least 3 days prior written notification to City of San Juan Capistrano. F. Locate and mark utilities to remain; mark using highly visible tags or flags,with identification of utility type; protect from damage due to subsequent construction, using substantial barricades if necessary. G. Remove exposed piping,valves,meters, equipment, supports, and foundations of disconnected and abandoned utilities. H. Prepare building demolition areas by disconnecting and capping utilities outside the demolition zone; identify and mark utilities to be subsequently reconnected,in same manner as other utilities to remain. 3.04 SELECTIVE DEMOLITION FOR ALTERATIONS A. Drawings showing existing construction and utilities are based on casual field observation and existing record documents only. 1. Verify that construction and utility arrangements are as shown. 2. Report discrepancies to City of San Juan Capistrano before disturbing existing installation. 3. Beginning of demolition work constitutes acceptance of existing conditions that would be apparent upon examination prior to starting demolition. B. Separate areas in which demolition is being conducted from other areas that are still occupied. 1. Provide, erect, and maintain temporary dustproof partitions of construction specified in Section 01 5000 in locations indicated on drawings. 2. Provide sound retardant partitions of construction indicated on drawings in locations indicated on drawings. C. Maintain weatherproof exterior building enclosure except for interruptions required for replacement or modifications; take care to prevent water and humidity damage. D. Remove existing work as indicated and as required to accomplish new work. 1. Remove rotted wood, corroded metals, and deteriorated masonry and concrete; replace with new construction specified. 2. Remove items indicated on drawings. E. Services (Including but not limited to HVAC, Plumbing, Fire Protection,Electrical,and Telecommunications): Remove existing systems and equipment as indicated. 1. Maintain existing active systems that are to remain in operation;maintain access to equipment and operational components. 2. Where existing active systems serve occupied facilities but are to be replaced with new services, maintain existing systems in service until new systems are complete and ready for service. 3. See Section 01 1000 for other limitations on outages and required notifications. 4. Verify that abandoned services serve only abandoned facilities before removal. 5. Remove abandoned pipe, ducts, conduits, and equipment, including those above accessible ceilings; remove back to source of supply where possible, otherwise cap stub and tag with identification. F. Protect existing work to remain. 1. Prevent movement of structure; provide shoring and bracing if necessary. 2. Perform cutting to accomplish removals neatly and as specified for cutting new work. 3. Repair adjacent construction and finishes damaged during removal work. 4. Patch as specified for patching new work. DEMOLITION 02 4100-Page 3 of 4 Pages City Hall Complex Issued For Bid: August 29,2016 Exterior Siding and Roof Repair CIP 15305 San Juan Capistrano,CA 3.05 DEBRIS AND WASTE REMOVAL A. Remove debris,junk, and trash from site. B. Remove from site all materials not to be reused on site;comply with requirements of Section 01 7419-Waste Management. C. Leave site in clean condition, ready for subsequent work. D. Clean up spillage and wind-blown debris from public and private lands. END OF SECTION DEMOLITION 02 4100-Page 4 of 4 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 SECTION 06 0573 WOOD TREATMENT PART1 GENERAL 1.01 SECTION INCLUDES A. Site applied termiticide for wood materials. B. Site applied termiticide for other building materials. C. Site applied mildicide for wood materials. 1.02 RELATED REQUIREMENTS A. Section 01 6116- Volatile Organic Compound (VOC) Content Restrictions. B. Section 06 1000- Rough Carpentry: Factory treatment for wood products. C. Section 06 1500- Wood Decking: Factory treatment for wood products. 1.03 SUBMITTALS A. See Section 01 3000-Administrative Requirements,for submittal procedures. B. Product Data: Provide technical data on insulated sheathing,wood preservative materials, and application instructions. C. Warranty: Submit manufacturer warranty and ensure that forms have been completed in City of San Juan Capistrano's name and registered with manufacturer. 1.04 DELIVERY, STORAGE,AND HANDLING A. General:Cover wood products to protect against moisture.Support stacked products to prevent deformation and to allow air circulation. B. Fire Retardant Treated Wood: Prevent exposure to precipitation during shipping,storage,or installation. 1.05 WARRANTY A. See Section 01 7800- Closeout Submittals,for additional warranty requirements. B. Site Applied Termiticide and Mildicide: Correct defective Work within a twenty-five year period after Date of Substantial Completion. C. Provide five year manufacturer warranty for materials only. PART 2 PRODUCTS 2.01 SITE APPLIED WOOD TREATMENT A. Manufacturers: 1. Nisus Corporation: www.nisuscorp.com. 2. Substitutions: See Section 01 6000- Product Requirements. B. Site Applied Termiticide for Wood: Borate mineral salt based, spray applied,penetrating termiticide. 1. Products: a. Nisus Corporation: www.nisuscorp.com. b. Substitutions: See Section 01 6000- Product Requirements. C. Site Applied Termiticide and Mildicide: Borate mineral salt based, spray applied termiticide, mildicide and mold growth preventative. 1. Products: a. Nisus Corporation: www.nisuscorp.com. b. Substitutions: See Section 01 6000- Product Requirements. D. Site Applied Termiticide for Wood, Steel and Concrete: Borate mineral salt based, spray applied termiticide formulated for use on wood, steel,concrete and other building materials. 1. Active Ingredient: 40% minimum disodium octaborate tetrahydrate(DOT)_ 2. Carrier and Penetrant: Proprietary glycol solution. 3. Products: a. Nisus Corporation: www.nisuscorp.com. b. Substitutions: See Section 01 6000- Product Requirements. WOOD TREATMENT 06 0573-Page 2 of 2 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA E. Site Applied Mold Cleaner: Non-bleaching, oxidizer based formula with high-pH tolerant surfactant. Contains no sodium hydroxide or sodium hypochlorite. 1. Products: a. Nisus Corporation: www.nisuscorp.com. b. Substitutions: See Section 01 6000 - Product Requirements. PART 3 EXECUTION 3.01 PREPARATION A. Remove dust, dirt and other contaminants from treatment surfaces. Remove tarpaulins, dropcloths, strippable protective films, etc., from areas to be treated Move equipment and stored materials that block or prevent product application. 3.02 INSTALLATION- GENERAL A. Provide temporary ventilation during and immediately after installation sufficient to remove indoor air contaminants. 3.03 SITE APPLIED WOOD TREATMENT A. Comply with manufacturers written mixing and installation instructions. B. Termiticide: Apply to foundations, structure and other items as listed. 1. All structural wood and sill plates within 24 inches, minimum, of point of contact with foundation. 2. All wood,wood based and cellulosic sheathing within 24 inches, minimum, of point of contact with foundation. 3. Concrete foundations 2 inches, minimum, from sill plate. C. Mildicide: Apply to wood and wood based building materials as listed. 1. All structural wood and sill plates within 24 inches, minimum, of point of contact with foundation. 2. All wood,wood based and cellulosic sheathing within 24 inches, minimum, of point of contact with foundation. END OF SECTION WOOD TREATMENT 06 0573-Page 1 of 2 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA SECTION 061000 ROUGH CARPENTRY PART1 GENERAL 1.01 SECTION INCLUDES A. Structural dimension lumber framing. B. Rough opening framing for doors, windows, and roof openings. C. Sheathing. D. Underlayment. E. Roof-mounted curbs. F. Roofing nailers. G. Roofing cant strips. H. Preservative treated wood materials. I. Fire retardant treated wood materials. J. Miscellaneous framing and sheathing. K. Concealed wood blocking, nailers, and supports. L. Miscellaneous wood nailers,furring,and grounds. M. Wall sheathing with factory applied water-resistive and air barrier sheet. N. Roof sheathing with factory applied roofing underlayment. 1.02 RELATED REQUIREMENTS A. Section 01 6116- Volatile Organic Compound (VOC) Content Restrictions. B. Section 06 0573- Wood Treatment: Field-applied termiticide and mildicide for wood. C. Section 07 2500-Weather Barriers: Air barrier over sheathing. D. Section 07 2500-Weather Barriers: Water-resistive barrier over sheathing. E. Section 07 6200- Sheet Metal Flashing and Trim: Sill flashings. F. Section 07 7200- Roof Accessories: Prefabricated roof curbs. G. Section 09 2116- Gypsum Board Assemblies: Gypsum-based sheathing. 1.03 REFERENCE STANDARDS A. AFPA(WFCM) -Wood Frame Construction Manual for One-and Two-Family Dwellings; American Forest and Paper Association;2012. B. ASTM Al53/A153M- Standard Specification for Zinc Coating (Hot-Dip)on Iron and Steel Hardware; 2009. C. ASTM A653/A653M -Standard Specification for Steel Sheet,Zinc-Coated (Galvanized)or Zinc-Iron Alloy-Coated(Galvannealed)by the Hot-Dip Process; 2013. D. ASTM C1289-Standard Specification for Faced Rigid Cellular Polyisocyanu rate Thermal Insulation Board; 2014. E. ASTM D2898-Standard Test Methods for Accelerated Weathering of Fire-Retardant-Treated Wood for Fire Testing; 2010. F. ASTM E84- Standard Test Method for Surface Burning Characteristics of Building Materials; 2014. G. ASTM E96/E96M- Standard Test Methods for Water Vapor Transmission of Materials; 2014. H. AWPA U1 -Use Category System: User Specification for Treated Wood; American Wood Protection Association; 2012. I. ICC-ES AC38- Acceptance Criteria for Water-Resistive Barriers; ICC Evaluation Service, Inc; 2013. J. PS 2- Performance Standard for Wood-Based Structural-Use Panels;National Institute of Standards and Technology, U.S. Department of Commerce; 2010. ROUGH CARPENTRY 06 1000-Page 1 of 8 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA K. PS 20- American Softwood Lumber Standard; National Institute of Standards and Technology,Department of Commerce; 2010. L. SPIB(GR)-Grading Rules; Southern Pine Inspection Bureau, Inc.; 2014. 1.04 SUBMITTALS A. See Section 01 3000- Administrative Requirements, for submittal procedures. B. Product Data: Provide technical data on insulated sheathing,wood preservative materials, and application instructions. C. Manufacturer's Certificate: Certify that wood products supplied for rough carpentry meet or exceed specified requirements. D. Warranty: Submit manufacturer warranty and ensure that forms have been completed in City of San Juan Capistrano's name and registered with manufacturer. 1.05 DELIVERY,STORAGE,AND HANDLING A. General: Cover wood products to protect against moisture. Support stacked products to prevent deformation and to allow air circulation. B. Fire Retardant Treated Wood:Prevent exposure to precipitation during shipping, storage,or installation. 1.06 WARRANTY A. See Section 01 7800-Closeout Submittals,for additional warranty requirements. B. Correct defective Work within a five year period after Date of Substantial Completion. C. Provide five year manufacturer warranty for all materials. PART 2 PRODUCTS 2.01 GENERAL REQUIREMENTS A. Dimension Lumber: Comply with PS 20 and requirements of specified grading agencies. 1. Species: Douglas Fir-Larch, unless otherwise indicated. 2. If no species is specified, provide any species graded by the agency specified;if no grading agency is specified,provide lumber graded by any grading agency meeting the specified requirements_ 3. Grading Agency: Any grading agency whose rules are approved by the Board of Review,American Lumber Standard Committee (www.alsc.org)and who provides grading service for the species and grade specified;provide lumber stamped with grade mark unless otherwise indicated. 4. Lumber of other species or grades is acceptable provided structural and appearance characteristics are equivalent to or better than products specified. B. Lumber fabricated from old growth timber is not permitted. C. Provide wood harvested within a 500 mile radius of the project site. D. Lumber salvaged from deconstruction or demolition of existing buildings or structures is permitted in lieu of sustainably harvested lumber provided it is clean, denailed, and free of paint and finish materials, and other contamination; identify source. 1. Where salvaged lumber is used for structural applications,provide lumber re-graded by an inspection service accredited by the American Lumber Standard Committee, Inc; www.aisc.org. E. Lumber fabricated from recovered timber (abandoned in transit) is permitted in lieu of sustainably harvested lumber, unless otherwise noted, provided it meets the specified requirements for new lumber and is free of contamination; identify source. 2.02 DIMENSION LUMBER FOR CONCEALED APPLICATIONS A. Grading Agency: Southern Pine Inspection Bureau, Inc. (SPIB). B. Sizes: Nominal sizes as indicated on drawings, S4S. C. Moisture Content: S-dry or MC19. D. Stud Framing (2 by 2 through 2 by 6 ): 1. Species: Douglas Fir-Larch. ROUGH CARPENTRY 06 1000 -Page 2 of 8 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA 2. Grade: No.2. E. Joist, Rafter, and Small Beam Framing (2 by 6 through 4 by 16): 1. Machine stress-rated (MSR)as follows: a. Fb-single (minimum extreme fiber stress in bending): 1350 psi. b. E (minimum modulus of elasticity):1,300,000 psi. 2. Species: Douglas Fir-Larch. F. Miscellaneous Framing, Blocking, Nailers, Grounds, and Furring: 1. Lumber: S4S, No. 2 or Standard Grade. 2. Boards: Standard or No.3. 2.03 CONSTRUCTION PANELS A. Subfloor/Underlayment Combination: Any PS 2 type,rated Single Floor. 1. Bond Classification: Exterior. 2. Span Rating: 48. 3. Performance Category: 1-1/8 PERF CAT. B. Subfloor/Underlayment Combination: Oriented strand board wood structural panel; PS 2, rated Single Floor. 1. Bond Classification: Exposure 1. 2. Performance Category: 19/32 PERF CAT. 3. Span Rating: 20. 4. Edges: Square. 5. Surface Finish: Fully sanded face. 6. Exposure Time:Sheathing will not delaminate or require sanding due to moisture absorption from exposure to weather for up to 500 days. 7. Provide fastening guide on top panel surface with separate markings indicating fastener spacing for 16 inches, 19.2 inches and 24 inches on center, respectively. 8. Warranty: Manufacturer's standard lifetime limited warranty against manufacturing defects and that panels will not delaminate or require sanding due to moisture absorption damage from exposure to weather for up to the stated period. 9. Manufacturers: a. Huber Engineered Woods, LLC; Product:AdvanTech Flooring: www.huberwood.com. C. Roof Sheathing: Any PS 2 type,rated Structural I Sheathing. 1. Bond Classification: Exterior. 2. Span Rating: 60. 3. Performance Category: 3/4 PERF CAT. D. Roof Sheathing: Oriented strand board wood structural panel; PS 2. 1. Grade: Structural 1 Sheathing. 2. Bond Classification:Exposure 1. 3. Performance Category: 5/8 PERF CAT. 4. Span Rating: 40/20. 5. Edges: Square. 6. Exposure Time: Sheathing will not delaminate or require sanding due to moisture absorption from exposure to weather for up to 500 days. E. Roof Sheathing: Oriented strand board structural wood panel, PS 2, with factory laminated roofing underlayment layer. 1. Sheathing Panel: a. Grade: Structural 1 Sheathing. b. Size:4 feet wide by 8 feet long. c. Performance Category: 5/8 PERF CAT. d. Span Rating: 40/20. e. Edge Profile: Square edge. 2. Integral Roofing Underlayment Layer: Medium density,phenolic impregnated kraft paper overlay. 3. Exposure Time: Sheathing undamaged and integral roofing underlayment layer intact after exposure to weather for up to 180 days. ROUGH CARPENTRY 06 1000-Page 3 of 8 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA 4. Provide fastening guide on top panel surface with separate markings indicating fastener spacing for 16 inches and 24 inches on center. 5. Seam Tape: Manufacturer's standard pressure-sensitive, self-adhering,cold-applied seam tape consisting of polyolefin film with acrylic adhesive. 6. Warranty: Manufacturer's standard 30 year limited system warranty of: a. Performance: Panel and tape resistance to water penetration;tape adhesion. b. Material: Free from manufacturing defects and panel delamination. 7. Manufacturers: a. Huber Engineered Woods, LLC; ZIP System Roof/Wall Sheathing and ZIP System Seam Tape: www.huberwood.com. b. Substitutions: See Section 01 6000- Product Requirements. F. Roof Sheathing: Wood construction panel laminated to insulation board. 1. Construction Panel: 7/16 inch (11 mm) oriented strand board (OSB). 2. Insulation Board: Polyisocyan u rate foam plastic with cellulosic felt facer or glass fiber mat facer on major surface opposite construction panel. 3. Finished Panel: Comply with ASTM C1289, Type V. 4. Manufacturers: a. Hunter Panels, LLC; H-Shield NB: www.hpanels.com. b. Substitutions: See Section 01 6000- Product Requirements. G. Wall Sheathing: Any PS 2 type. 1. Bond Classification: Exterior. 2. Grade: Structural I Sheathing. 3. Span Rating: 24. 4. Performance Category: 5/16 PERF CAT. 5. Edge Profile: Square edge. H. Wall Sheathing: Oriented strand board wood structural panel; PS 2. 1. Grade: Structural 1 Sheathing. 2. Bond Classification: Exposure 1. 3. Performance Category: 5/8 PERF CAT. 4. Span Rating: 40/20. 5. Edges: Square. 6. Exposure Time: Sheathing will not delaminate or require sanding due to moisture absorption from exposure to weather for up to 500 days. 7. Provide fastening guide on top panel surface with separate markings indicating fastener spacing for 16 inches and 24 inches on center, respectively. 8. Warranty: Manufacturer's standard lifetime limited warranty against manufacturing defects and that panels will not delaminate or require sanding due to moisture absorption damage from exposure to weather for up to the stated period. I. Wall Sheathing: Oriented strand board structural wood panel with factory laminated water-resistive and air barrier layer. 1. Sheathing Panet PS 2, Exposure 1. a. Size:4 feet wide by 8 feet long. b. Grade:Structural1 Sheathing. c. Performance Category: 5/8 PERF CAT. d. Span Rating: 40/20. e. Edge Profile:Tongue and groove. 2. Integral Water-Resistive and Air Barrier: Medium density,phenolic impregnated, polymer modified sheet material qualifying as a Grade D water resistive barrier per ICC-ES AC38. 3. Water Vapor Permeance of Water Resistive and Air Barrier: 12 to 16 perms when tested in accordance with ASTM E96/E96M Procedure B. 4. Maximum Allowable Air Leakage of Assembly: a. Infiltration: 0.0072 cfm per square foot at a pressure differential of 1.57 pounds per square foot. b. Exfiltration: 0.0023 cfm per square foot at a pressure differential of 1.57 pounds per square foot. ROUGH CARPENTRY 06 1000 -Page 4 of 8 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA 5. Provide fastening guide on top panel surface with separate markings indicating fastener spacing for 16 inches and 24 inches on center, respectively. 6. Seam Tape: Manufacturer's standard pressure-sensitive, self-adhering,cold-applied, seam tape consisting of polyolefin film with acrylic adhesive. 7. Warranty: Manufacturer's standard 30 year limited system warranty of: a. Performance: Panel and tape resistance to water penetration;tape adhesion. b. Material: Free from manufacturing defects and panel delamination. 8. Manufacturers: a. Huber Engineered Woods, LLC;ZIP System Roof/Wall Sheathing and ZIP System Seam Tape: www.huberwood.com. 2.04 ACCESSORIES A. Fasteners and Anchors: 1. Metal and Finish: Hot-dipped galvanized steel per ASTM A 153/A 153M for high humidity and preservative-treated wood locations, unfinished steel elsewhere. 2. Drywall Screws: Bugle head, hardened steel, power driven type,length three times thickness of sheathing. 3. Anchors: Toggle bolt type for anchorage to hollow masonry. B. Die-Stamped Connectors: Hot dipped galvanized steel, sized to suit framing conditions. 1. For contact with preservative treated wood in exposed locations,provide minimum G185 galvanizing per ASTM A653/A653M. C. Joist Hangers: Hot dipped galvanized steel, sized to suit framing conditions. 1. For contact with preservative treated wood in exposed locations,provide minimum G185 galvanizing per ASTM A653/A653M. D. Sill Gasket on Top of Foundation Wall: 1/4 inch thick, plate width,closed cell plastic foam from continuous rolls. E. Sill Flashing: As specified in Section 07 6200. F. Subfloor Glue: Waterproof, air cure type, cartridge dispensed. 1. Products: a. Substitutions: See Section 01 6000- Product Requirements. G. Construction Adhesives: 1. Products: a. Franklin International, Inc.; GREENchoice Heavy Duty Construction Adhesive: www.titebond.com. b. Substitutions: See Section 01 6000 - Product Requirements. H. Water-Resistive Barrier: As specified in Section 07 2500. 2.05 FACTORY WOOD TREATMENT A. Treated Lumber and Plywood: Comply with requirements of AWPA U1 -Use Category System for wood treatments determined by use categories, expected service conditions, and specific applications. 1. Fire-Retardant Treated Wood: Mark each piece of wood with producer's stamp indicating compliance with specified requirements. 2. Preservative-Treated Wood: Provide lumber and plywood marked or stamped by an ALSC-accredited testing agency, certifying level and type of treatment in accordance with AWPA standards. B. Fire Retardant Treatment: 1. Manufacturers: a. Arch Wood Protection, Inc: www.wolmanizedwood.com. b. Hoover Treated Wood Products, Inc: www.frtw.com. c. Osmose, Inc: www.osmose.com. d. Substitutions: See Section 01 6000- Product Requirements. 2. Exterior Type: AWPA U1, Category UCFB, Commodity Specification H, chemically treated and pressure impregnated; capable of providing a maximum flame spread rating of 25 when tested in accordance with ASTM E84, with no evidence of significant combustion when test is extended for an additional 20 minutes both before and after accelerated weathering test performed in accordance with ASTM D2898. ROUGH CARPENTRY 06 1000-Page 5 of 8 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA lumber and 15 percent for plywood. b. Treat all exterior rough carpentry items. c. Do not use treated wood in direct contact with the ground. 3. Interior Type A: AWPA U1, Use Category UCFA, Commodity Specification H, low temperature (low hygroscopic)type,chemically treated and pressure impregnated; capable of providing a maximum flame spread rating of 25 when tested in accordance with ASTM E84,with no evidence of significant combustion when test is extended for an additional 20 minutes. a. Kiln dry wood after treatment to a maximum moisture content of 19 percent for lumber and 15 percent for plywood. b. Treat rough carpentry items as indicated . c. Do not use treated wood in applications exposed to weather or where the wood may become wet. C. Preservative Treatment: 1. Manufacturers: a. Arch Wood Protection, Inc: www.wolmanizedwood.com. b. Koppers Performance Chemicals, Inc: www.koppersperformancechemicals.com. c. Viance, LLC: www.treatedwood.com. d. Substitutions: See Section 01 6000- Product Requirements. 2. Preservative Pressure Treatment of Lumber Above Grade: AWPA U1, Use Category UC36, Commodity Specification A using waterborne preservative to 0.25 Ib/cu ft retention. a. Kiln dry lumber after treatment to maximum moisture content of 19 percent. b. Treat lumber exposed to weather. c. Treat lumber in contact with roofing,flashing, or waterproofing. d. Treat lumber in contact with masonry or concrete. e. Treat lumber less than 18 inches above grade. f. Treat lumber in other locations as indicated. 3. Preservative Pressure Treatment of Plywood Above Grade: AWPA U1, Use Category UC2 and UC313, Commodity Specification F using waterborne preservative to 0.25 Ib/cu ft retention. a. Kiln dry plywood after treatment to maximum moisture content of 19 percent. b. Treat plywood in contact with roofing, flashing, or waterproofing. c. Treat plywood in contact with masonry or concrete. d. Treat plywood less than 18 inches above grade. e. Treat plywood in other locations as indicated. 4. Preservative Pressure Treatment of Lumber in Contact with Soil:AWPA U1, Use Category UC4A, Commodity Specification A using waterborne preservative to 0.4 Ib/cu ft retention. a. Preservative for Field Application to Cut Surfaces:As recommended by manufacturer of factory treatment chemicals for brush-application in the field. b. Restrictions: Do not use lumber or plywood treated with chromated copper arsenate (CCA) in exposed exterior applications subject to leaching. PART 3 EXECUTION 3.01 PREPARATION A. Where wood framing bears on cementitious foundations, install full width sill flashing continuous over top of foundation, lap ends of flashing minimum of 4 inches and seal. B. Install sill gasket under sill plate of framed walls bearing on foundations;puncture gasket cleanly to fit tightly around protruding anchor bolts. C. Coordinate installation of rough carpentry members specified in other sections. 3.02 INSTALLATION- GENERAL A. Select material sizes to minimize waste. B. Reuse scrap to the greatest extent possible; clearly separate scrap for use on site as accessory components, including:shims, bracing, and blocking. ROUGH CARPENTRY 06 1000 -Page 6 of 8 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA C. Wher@•treA49 W'(5�AB@4@�Hpbg"FMlag6Wgtg 69aRlarcent for immediately after installation sufficient to remove indoor air contaminants. 3.03 FRAMING INSTALLATION A. Set structural members level, plumb, and true to line. Discard pieces with defects that would lower required strength or result in unacceptable appearance of exposed members. B. Make provisions for temporary construction loads, and provide temporary bracing sufficient to maintain structure in true alignment and safe condition until completion of erection and installation of permanent bracing. C. Install structural members full length without splices unless otherwise specifically detailed. D. Comply with member sizes, spacing, and configurations indicated, and fastener size and spacing indicated, but not less than required by applicable codes and AFPA Wood Frame Construction Manual. E. Install horizontal spanning members with crown edge up and not less than 1-1/2 inches of bearing at each end. F. Construct double joist headers at floor and ceiling openings and under wall stud partitions that are parallel to floor joists; use metal joist hangers unless otherwise detailed. G. Provide bridging at joists in excess of 8 feet span as detailed. Fit solid blocking at ends of members. H. Frame wall openings with two or more studs at each jamb; support headers on cripple studs. 3.04 BLOCKING, NAILERS, AND SUPPORTS A. Provide framing and blocking members as indicated or as required to support finishes, fixtures, specialty items, and trim. B. In framed assemblies that have concealed spaces, provide solid wood fireblocking as required by applicable local code,to close concealed draft openings between floors and between top story and roof/attic space; other material acceptable to code authorities may be used in lieu of solid wood blocking. C. In metal stud walls, provide continuous blocking around door and window openings for anchorage of frames, securely attached to stud framing. D. In walls, provide blocking attached to studs as backing and support for wall-mounted items, unless item can be securely fastened to two or more studs or other method of support is explicitly indicated. E. Where ceiling-mounting is indicated, provide blocking and supplementary supports above ceiling, unless other method of support is explicitly indicated. F. Provide the following specific non-structural framing and blocking: 1. Wall brackets. 2. Handrails. 3. Wall-mounted door stops. 3.05 ROOF-RELATED CARPENTRY A. Coordinate installation of roofing carpentry with deck construction,framing of roof openings, and roofing assembly installation. B. Provide wood curb at all roof openings except where prefabricated curbs are specified and where specifically indicated otherwise. Form corners by alternating lapping side members. 3.06 INSTALLATION OF CONSTRUCTION PANELS A. Subflooring/Underlayment Combination: Glue and nail to framing; staples are not permitted. B. Roof Sheathing: Secure panels with long dimension perpendicular to framing members, with ends staggered and over firm bearing. 1. At long edges provide solid edge blocking where joints occur between roof framing members. 2. Nail panels to framing; staples are not permitted. ROUGH CARPENTRY 06 1000-Page 7 of 8 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA firm bearing and staggered,using nails, screws, or staples. 1. Use plywood or other acceptable structural panels at building corners, for not less than 96 inches, measured horizontally. 2. Place water-resistive barrier horizontally over wall sheathing,weather lapping edges and ends. 3.07 SITE APPLIED WOOD TREATMENT A. Apply preservative treatment compatible with factory applied treatment at site-sawn cuts, complying with manufacturer's instructions. B. Allow preservative to dry prior to erecting members. 3.08 TOLERANCES A. Framing Members: 1/4 inch from true position, maximum. B. Variation from Plane(Other than Floors): 1/4 inch in 10 feet maximum, and 1/4 inch in 30 feet maximum. 3.09 CLEANING A. Waste Disposal: Comply with the requirements of Section 01 7419. 1. Comply with applicable regulations. 2. Do not burn scrap on project site_ 3. Do not burn scraps that have been pressure treated. 4. Do not send materials treated with pentachlorophenol, CCA,or ACA to co-generation facilities or"waste-to-energy"facilities. B. Do not leave any wood,shavings, sawdust,etc. on the ground or buried in fill. C. Prevent sawdust and wood shavings from entering the storm drainage system. 3.10 SCHEDULES A. Lower Level Floor Joists: MSR Lumber. B. Upper Level Floor and Ceiling Joists, Rafters: Spruce-Pine-Fir, No.2 Grade. END OF SECTION ROUGH CARPENTRY 06 1000 -Page 8 of 8 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA SECTION 07 2500 WEATHER BARRIERS PART1 GENERAL 1.01 SECTION INCLUDES A. Water-Resistive Barrier: Under exterior wall cladding, over sheathing or other substrate; not air tight or vapor retardant. B. Vapor Retarders: Materials to make exterior walls, joints between exterior walls and roof, joints around frames of openings in exterior walls, and penetrations water vapor resistant and air tight. C. Air Barriers: Materials that form a system to stop passage of air through exterior walls, joints between exterior walls and roof, joints around frames of openings in exterior walls, and penetrations. 1.02 RELATED REQUIREMENTS A. Section 06 1000- Rough Carpentry: Water-resistive barrier under exterior cladding. B. Section 07 5400- Thermoplastic Membrane Roofing: Vapor retarder installed as part of roofing system. C. Section 07 6200-Sheet Metal Flashing and Trim: Metal flashings installed in conjunction with weather barriers. D. Section 07 9200 - Joint Sealants: Sealing building expansion joints. 1.03 DEFINITIONS A. Weather Barrier: Assemblies that form either water-resistive barriers, air barriers, or vapor retarders. B. Air Barrier: Air tight barrier made of material that is relatively air impermeable but water vapor permeable, both to the degree specified, with sealed seams and with sealed joints to adjacent surfaces. Note: For the purposes of this specification,vapor impermeable air barriers are classified as vapor retarders. C. Vapor Retarder: Air tight barrier made of material that is relatively water vapor impermeable,to the degree specified, with sealed seams and with sealed joints to adjacent surfaces. 1. Water Vapor Permeance: For purposes of conversion,57.2 ng/(Pa s sq m) = 1 perm. D. Water-Resistive Barrier: Water-shedding barrier made of material that is moisture resistant, to the degree specified, intended to be installed to shed water without sealed seams. 1.04 REFERENCE STANDARDS A. 40 CFR 59, Subpart D- National Volatile Organic Compound Emission Standards for Architectural Coatings; U.S. Environmental Protection Agency; current edition. B. AATCC Test Method 30-Antifungal Activity, Assessment on Textile Materials: Mildew and Rot Resistance of Textile Materials; 2013. C. AATCC Test Method 127-Water Resistance: Hydrostatic Pressure Test; 2013. D. ASTM D226/D226M - Standard Specification for Asphalt-Saturated Organic Felt Used in Roofing and Waterproofing;2009. E. ASTM D412-Standard Test Methods for Vulcanized Rubber and Thermoplastic Elastomers--Tension;2006a (Reapproved 2013). F. ASTM D197001970M-Standard Specification for Self-Adhering Polymer Modified Bituminous Sheet Materials Used as Steep Roofing Underlayment for Ice Dam Protection; 2013. G. ASTM D4397-Standard Specification for Polyethylene Sheeting for Construction, Industrial, and Agricultural Applications;2010. H. ASTM E84- Standard Test Method for Surface Burning Characteristics of Building Materials; 2014. I. ASTM E96/E96M- Standard Test Methods for Water Vapor Transmission of Materials; 2014. WEATHER BARRIERS 07 2500-Page 1 of 5 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA J. ASTM E1745- Standard Specification for Plastic Water Vapor Retarders Used in Contact with Soil or Granular Fill under Concrete Slabs; 2011. K. ASTM E2178- Standard Test Method for Air Permeance of Building Materials;2013. L. ICC-ES AC38- Acceptance Criteria for Water-Resistive Barriers; ICC Evaluation Service, Inc.; 2013. M. ICC-ES AC148- Acceptance Criteria for Flexible Flashing Materials; ICC Evaluation Service,Inc.; 2011. N. ICC-ES AC212- Acceptance Criteria for Water-Resistive Coatings Used as Water-Resistive Barriers over Exterior Sheathing; ICC Evaluation Service,Inc.; 2012. 1.05 SUBMITTALS A. See Section 01 3000- Administrative Requirements,for submittal procedures. B. Product Data: Provide data on material characteristics. C. Shop Drawings: Provide drawings of special joint conditions. D. Manufacturer's Installation Instructions: Indicate preparation. 1.06 MOCK-UP A. Install air barrier, vapor retarder, and water-resistive barrier materials in mock-up specified in Section 01 4000. 1.07 FIELD CONDITIONS A. Maintain temperature and humidity recommended by the materials manufacturers before, during and after installation. PART 2 PRODUCTS 2.01 WEATHER BARRIER ASSEMBLIES A. Water-Resistive Barrier: Provide on exterior walls under exterior cladding. 1. Use building paper unless otherwise indicated. 2. Under siding, use two separate layers of building paper. B. Air Barrier: 1. On outside surface of sheathing of exterior walls use air barrier coating. 2.02 WATER-RESISTIVE BARRIER MATERIALS(NEITHER AIR BARRIER NOR VAPOR RETARDER) A. Building Paper: Asphalt-saturated Kraft building paper complying with requirements of ICC-ES AC38 Grade D. 1. Water Penetration Resistance: Withstand a water head of 21 inches, minimum, for minimum of 5 hours, when tested in accordance with AATCC 127. 2. Manufacturers: a. Fortifiber Building Systems Group;Super Jumbo Tex 60 Minute: www.fortifiber.com. b. Fortifiber Building Systems Group; HydroTex: www.fortifiber.com. c. Substitutions: See Section 01 6000- Product Requirements. B. Plastic Sheet: Polymeric-based sheet complying with requirements of ICC-ES AC38 Grade D with 60-minute water-resistance; do not use polyethylene sheet. 2.03 AIR BARRIER MATERIALS (WATER VAPOR PERMEABLE AND WATER-RESISTIVE) A. Air Barrier Sheet, Mechanically Fastened: 1. Air Permeance: 0.004 cubic feet per minute per square foot, maximum, when tested in accordance with ASTM E2178. 2. Water Vapor Permeance: 5 perms, minimum, when tested in accordance with ASTM E96/E96M Procedure A(desiccant method). 3. Water Penetration Resistance: Withstand a water head of 21 inches, minimum, for minimum of 5 hours, when tested in accordance with AATCC 127. 4. Ultraviolet and Weathering Resistance: Approved in writing by manufacturer for minimum of 6 months weather exposure. WEATHER BARRIERS 07 2500-Page 2 of 5 Pages San Juan Capistrano Public Library Issued For Bid: August 29, 2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA 5. Surface Burning Characteristics: Flame spread index of 25 or less, and smoke developed index of 50 or less, when tested in accordance with ASTM E84. 6. Water Resistance: Comply with applicable water-resistive requirements of ICC-ES Acceptance Criteria AC38. 7. Seam and Perimeter Tape: Polyethylene self adhering type, mesh reinforced,2 inches wide, compatible with sheet material; unless otherwise specified. 8. Products: a. DuPont Building Innovations; Tyvek Commercial Wrap with Tyvek Fluid Applied Flashing- Brush Formulation,Tyvek Fluid Applied Flashing and Joint Compound, FlexWrap NF, StraightFiash, StraightFiash VF,Tyvek Wrap Caps, and Tyvek Tape: www.dupont.com. b. DuPont Building Innovations;Tyvek Commercial Wrap D with Tyvek Fluid Applied Flashing- Brush Formulation, Tyvek Fluid Applied Flashing and Joint Compound, FlexWrap NF, StraightFiash, StraightFiash VF,Tyvek Wrap Caps, and Tyvek Tape: www.dupont.com. c. Fiberweb, Inc;Typar MetroWrap: www.typar.com. d. National Shelter Products, Inc.;DRYLine RainDrain: www.drylinewrap.com. e. National Shelter Products, Inc.; DRYLine W: www.drylinewrap.com. f. National Shelter Products, Inc.; DRYLine LP: www.drylinewrap.com. g. National Shelter Products, Inc.; DRYLine HP: www.drylinewrap.com. h. Kingspan Insulation LLC; GreenGuard RainDrop Building Wrap: www.trustgreenguard.com. i. Kingspan Insulation LLC; GreenGuard MAX Building Wrap: www.trustgreenguard.com. j. VaproShield,LLC; WrapShield: www.vaproshield.com. k. Substitutions: See Section 01 6000- Product Requirements. B. Air Barrier Sheet,Self-Adhered: 1. Air Permeance: 0.004 cubic feet per minute per square foot, maximum, when tested in accordance with ASTM E2178. 2. Water Vapor Permeance: 10 perms, minimum, when tested in accordance with ASTM E96/E96M Procedure A(desiccant method). 3. Water Penetration Resistance Around Nails: Pass, when tested in accordance with ASTM D1970/D1970M (modified)_ 4. Ultraviolet and Weathering Resistance: Approved in writing by manufacturer for maximum of 150 days weather exposure. 5. Surface Burning Characteristics: Flame spread index of 25 or less, smoke developed index of 450 or less (Class A), when tested in accordance with ASTM E84. 6. Water Resistance: Comply with applicable water-resistive requirements of ICC-ES Acceptance Criteria AC38. 7. Seam and Perimeter Tape: As recommended by sheet manufacturer. 8. Products: a. Henry Company; Blueskin VP160: www.henry.com. b. Henry Company; Blueskin VP100: www.henry.com. c. Substitutions: See Section 01 6000- Product Requirements. 2.04 VAPOR RETARDER MATERIALS(AIR BARRIER AND WATER-RESISTIVE) A. Vapor Retarder Sheet: Butyl,black color. 1. Thickness: 45 mil. 2. Water Vapor Permeance: 0.1 perm, maximum, when tested in accordance with ASTM E96/E96M. 3. Seam Lap and Perimeter Adhesive: Elastomeric, same composition as sheet or other compatible material. 2.05 ACCESSORIES A. Sealants, Tapes, and Accessories for Sealing Weather Barrier and Sealing Weather Barrier to Adjacent Substrates: As specified or as recommended by weather barrier manufacturer. B. Flexible Flashing: Self-adhesive sheet flashing complying with ASTM D1 970/D1 970M, except slip resistance requirement is waived if not installed on a roof. 1. Composition: Modified bituminous sheet laminated to polyethylene sheet. WEATHER BARRIERS 07 2500-Page 3 of 5 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA 2. Thickness: 70 mil(0.070 inch), nominal. 3. Products: a. DuPont Building Innovations; FlexWrap NF:www.dupont.com. b. Fortifiber Building Systems Group; Fortiflash: www.fortifiber.com. c. Fortifiber Building Systems Group; Fortiflash Commercial: www.fortifiber.com. d. Fortifiber Building Systems Group; Fortiflex: www.fortifiber.com. e. Substitutions: See Section 01 6000- Product Requirements. C. Vapor Retarder Tape: Coated polyester film with acrylic adhesive backing; pressure sensitive. 1. Products: a. Fortifiber Building Systems Group; Fortifiber Sheathing Tape: www.fortifiber.com. b. Substitutions: See Section 01 6000- Product Requirements. D. Thinners and Cleaners: As recommended by material manufacturer. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that surfaces and conditions are ready to accept the work of this section. 3.02 PREPARATION A. Remove projections, protruding fasteners, and loose or foreign matter that might interfere with proper installation. B. Clean and prime substrate surfaces to receive adhesives in accordance with manufacturer's instructions. 3.03 INSTALLATION A. Install materials in accordance with manufacturer's instructions. B. Water-Resistive Barriers: Install continuous barrier over surfaces indicated,with sheets lapped to shed water but with seams not sealed. C. Air Barriers: Install continuous air tight barrier over surfaces indicated,with sealed seams and with sealed joints to adjacent surfaces. D. Vapor Retarders: Install continuous air tight barrier over surfaces indicated,with sealed seams and with sealed joints to adjacent surfaces. E. Apply sealants and adhesives within recommended application temperature ranges. Consult manufacturer if temperature is out of this range. F. Mechanically Fastened Sheets- On Exterior: 1. Install sheets shingle-fashion to shed water,with seams generally horizontal. 2. Overlap seams as recommended by manufacturer but at least 6 inches. 3. Overlap at outside and inside corners as recommended by manufacturer but at least 12 inches. 4. Attach to framed construction with fasteners extending through sheathing into framing. Space fasteners at 12 to 18 inches on center along each framing member supporting sheathing. 5. For applications specified to be air tight, seal seams, laps, penetrations,tears, and cuts with self-adhesive tape; use only large-headed, gasketed fasteners recommended by the manufacturer. 6. Where stud framing rests on concrete or masonry, extend lower edge of sheet at least 4 inches below bottom of framing and seal to foundation with sealant. 7. Install water-resistive barrier over jamb flashings. 8. Install air barrier and vapor retarder UNDER jamb flashings. 9. Install head flashings under weather barrier. 10. At openings to be filled with frames having nailing flanges, wrap excess sheet into opening; at head, seal sheet over flange and flashing. G. Openings and Penetrations in Exterior Weather Barriers: 1. Install flashing over sills,covering entire sill frame member, extending at least 5 inches onto weather barrier and at least 6 inches up jambs; mechanically fasten stretched edges. WEATHER BARRIERS 07 2500-Page 4 of 5 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA using a continuous bead of sealant compressed by flange and cover flanges with at least 4 inches wide; do not seal sill flange. 3. At openings to be filled with non-flanged frames, seal weather barrier to all sides of opening framing, using flashing at least 9 inches wide, covering entire depth of framing. 4. At head of openings, install flashing under weather barrier extending at least 2 inches beyond face of jambs; seal weather barrier to flashing. 5. At interior face of openings, seal gap between window/door frame and rough framing, using joint sealant over backer rod. 6. Service and Other Penetrations: Form flashing around penetrating item and seal to weather barrier surface. 3.04 FIELD QUALITY CONTROL A. Do not cover installed weather barriers until required inspections have been completed. B. Obtain approval of installation procedures by the weather barrier manufacturer based on a mock-up installed in place, prior to proceeding with remainder of installation. C. Take digital photographs of each portion of the installation prior to covering up. 3.05 PROTECTION A. Do not leave materials exposed to weather longer than recommended by manufacturer. B. Do not leave paper-or felt-based barriers exposed to weather for longer than one week. END OF SECTION WEATHER BARRIERS 07 2500-Page 5 of 5 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA SECTION 07 9200 JOINT SEALANTS PART1 GENERAL 1.01 SECTION INCLUDES A. Nonsag gunnable joint sealants. B. Self-leveling pourable joint sealants. C. Joint backings and accessories. D. City of San Juan Capistrano-provided field quality control. 1.02 RELATED REQUIREMENTS A. Section 01 6116- Volatile Organic Compound (VOC)Content Restrictions: Additional requirements for sealants and primers. B. Section 07 2500-Weather Barriers: Sealants required in conjunction with air barriers and vapor retarders. 1.03 REFERENCE STANDARDS A. ASTM C661 -Standard Test Method for Indentation Hardness of Elastomeric-Type Sealants by Means of a Durometer;2006 (Reapproved 2011). B. ASTM C794- Standard Test Method for Adhesion-In-Peel of Elastomeric Joint Sealants; 2015. C. ASTM C920- Standard Specification for Elastomeric Joint Sealants;2014. D. ASTM C1087- Standard Test Method for Determining Compatibility of Liquid-Applied Sealants with Accessories Used in Structural Glazing Systems; 2000 (Reapproved 2011). E. ASTM C1193- Standard Guide for Use of Joint Sealants;2013. F. ASTM C1248- Standard Test Method for Staining of Porous Substrate by Joint Sealants; 2008 (Reapproved 2012). G. ASTM C1311 - Standard Specification for Solvent Release Sealants; 2010. H. ASTM C1330- Standard Specification for Cylindrical Sealant Backing for Use with Cold Liquid-Applied Sealants;2002 (Reapproved 2013). I. ASTM C1521- Standard Practice for Evaluating Adhesion of Installed Weatherproofing Sealant Joints; 2013. J. SWRI (VAL)- SWR Institute Validated Products directory;Sealant,Waterproofing and Restoration Institute; online at http://www.swrionline.orgNalidatedSealants. 1.04 SUBMITTALS A. See Section 01 3000-Administrative Requirements,for submittal procedures. B. Product Data for Sealants: Submit manufacturer's technical data sheets for each product to be used,that includes the following. 1. Physical characteristics, including movement capability,VOC content, hardness, cure time, and color availability. 2. List of backing materials approved for use with the specific product. 3. Substrates that product is known to satisfactorily adhere to and with which it is compatible. 4. Substrates the product should not be used on. 5. Substrates for which use of primer is required. 6. Substrates for which laboratory adhesion and/or compatibility testing is required. 7. Installation instructions, including precautions, limitations, and recommended backing materials and tools. 8. Sample product warranty. 9. Certification by manufacturer indicating that product complies with specification requirements. 10. SWRI Validation: Provide currently available sealant product validations as published by SWRI for specified sealants. JOINT SEALANTS 07 9200-Page 1 of 8 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA C. Product Data for Accessory Products: Submit manufacturer's technical data sheet for each product to be used, including physical characteristics, installation instructions,and recommended tools. D. Color Cards for Selection: Where sealant color is not specified, submit manufacturer's color cards showing standard colors available for selection. E. Samples for Verification: Where custom sealant color is specified,obtain directions from City of San Juan Capistrano and submit at least two physical samples for verification of color of each required sealant. F. Sustainable Design Documentation: For sealants and primers, submit VOC content and emissions documentation as specified in Section 01 6116. G. Preconstruction Laboratory Test Reports: Submit at least four weeks prior to start of installation. H. Installation Plan: Submit at least four weeks prior to start of installation. I. Pre-installation Field Adhesion Test Plan: Submit at least two weeks prior to start of installation. J. Field Quality Control Plan: Submit at least two weeks prior to start of installation. K. Pre-installation Field Adhesion Test Reports: Submit filled out Pre-installation Field Adhesion Test Reports log within 10 days after completion of tests; include bagged test samples and photographic records. L. Installation Log: Submit filled out log for each length or instance of sealant installed. M. Field Quality Control Log: Submit filled out log for each length or instance of sealant installed,within 10 days after completion of inspections/tests; include bagged test samples and photographic records, if any. 1.05 QUALITY ASSURANCE A. Maintain one copy of each referenced document covering installation requirements on site. B. Manufacturer Qualifications: Company specializing in manufacturing the products specified in this section with minimum three years documented experience. C. Installer Qualifications: Company specializing in performing the work of this section with minimum three years documented experience and approved by manufacturer. D. Preconstruction Laboratory Testing: Arrange for sealant manufacturer(s)to test each combination of sealant, substrate,backing, and accessories. 1. Adhesion Testing: In accordance with ASTM C794. 2. Compatibility Testing: In accordance with ASTM C1087. 3. Allow sufficient time for testing to avoid delaying the work. 4. Deliver to manufacturer sufficient samples for testing. 5. Report manufacturer's recommended corrective measures, if any,including primers or techniques not indicated in product data submittals. 6. Testing is not required if sealant manufacturer provides data showing previous testing, not older than 24 months,that shows satisfactory adhesion,lack of staining,and compatibility. E. Installation Plan: Include schedule of sealed joints, including the following. 1. Joint width indicated in contract documents. 2. Joint depth indicated in contract documents;to face of backing material at centerline of joint. 3. Method to be used to protect adjacent surfaces from sealant droppings and smears, with acknowledgement that some surfaces cannot be cleaned to like-new condition and therefore prevention is imperative. 4. Installation Log Form: Include the following data fields, with known information filled out. a. Date of installation. b. Name of installer. c. Actual joint width; provide space to indicate maximum and minimum width. d. Actual joint depth to face of backing material at centerline of joint. JOINT SEAIANTS 07 9200-Page 2 of 8 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA e. Air temperature. F. Pr-einstallation Field Adhesion Test Plan: Include destructive field adhesion testing of one sample of each combination of sealant type and substrate, except interior acrylic latex sealants, and include the following for each tested sample. 1. Identification of testing agency. 2. Pre-installation Field Adhesion Test Log Form: Include the following data fields,with known information filled out. a. Test date. b. Copy of test method documents. c. Age of sealant upon date of testing. d. Test results, modeled after the sample form in the test method document. e. Indicate use of photographic record of test. G. City of San Juan Capistrano will employ an independent testing agency to perform the field quality control inspection and testing as referenced in PART 3 of this section and as follows, to prepare and submit the field quality control plan and log, and to provide recommendations of remedies in the case of failure. H. Field Quality Control Plan: 1. Field Quality Control Log Form: Show same data fields as on Pre-installation Field Adhesion Test Log, with known information filled out and lines for multiple tests per sealant/substrate combinations;include visual inspection and specified field testing; allow for possibility that more tests than minimum specified may be necessary. I. Field Adhesion Test Procedures: 1. Allow sealants to fully cure as recommended by manufacturer before testing. 2. Have a copy of the test method document available during tests. 3. Record the type of failure that occurred, other information required by test method, and the information required on the Field Quality Control Log. 4. When performing destructive tests, also inspect the opened joint for proper installation characteristics recommended by manufacturer, and report any deficiencies. 5. Deliver the samples removed during destructive tests in separate sealed plastic bags, identified with project, location,test date, and test results, to City of San Juan Capistrano. 6. If any combination of sealant type and substrate does not show evidence of minimum adhesion or shows cohesion failure before minimum adhesion, report results to City of San Juan Capistrano. J. Destructive Field Adhesion Test: Test for adhesion in accordance with ASTM C1521, using Destructive Tail Procedure. 1. Sample: At least 18 inch long. 2. Minimum Elongation Without Adhesive Failure: Consider the tail at rest, not under any elongation stress; multiply the stated movement capability of the sealant in percent by two;then multiply 1 inch by that percentage; if adhesion failure occurs before the"1 inch mark" is that distance from the substrate,the test has failed. 3. If either adhesive or cohesive failure occurs prior to minimum elongation,take necessary measures to correct conditions and re-test; record each modification to products or installation procedures. 1.06 WARRANTY A. See Section 01 7800- Closeout Submittals,for additional warranty requirements. B. Correct defective work within a five year period after Date of Substantial Completion. C. Warranty: Include coverage for installed sealants and accessories that fail to achieve watertight seal , exhibit loss of adhesion or cohesion, or do not cure. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Nonsag Sealants: Permits application in joints on vertical surfaces without sagging or slumping. 1. Adhesives Technology Corporation: www.atcepoxy.com. 2. BASF Construction Chemicals-Building Systems: www.buildingsystems.basf.com. JOINT SEALANTS 07 9200-Page 3 of 8 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA 3. Bostik Inc: www.bostik-us.com. 4. Dow Corning Corporation: www.dowcorning.com/construction. 5. Fortifiber Building Systems Group: www.fortifiber.com. 6. Franklin International, Inc.: www.titebond.com. 7. Hilti, Inc: www.us.hilti.com. 8. Momentive Performance Materials, Inc(formerly GE Silicones): www.momentive.com. 9. Pecora Corporation: www.pecora.com. 10. The QUIKRETE Companies: www.quikrete.com. 11. Tremco Global Sealants: www.tremcosealants.com. 12. Sherwin-Williams Company: www.sherwin-williams.com. 13. Sika Corporation: www.usa-sika.com. 14. W.R. Meadows, Inc: www.wrmeadows.com. 15. Substitutions: See Section 01 6000- Product Requirements. B. Self leveling Sealants: Pourable or self-leveling sealant that has sufficient flow to form a smooth, level surface when applied in a horizontal joint. 1. Adhesives Technology Corporation: www.atcepoxy.com. 2. BASF Construction Chemicals-Building Systems: www.buildingsystems.basf.com. 3. Bostik Inc: www.bostik-us.com. 4. Dayton Superior Corporation: www.daytonsuperior.com. 5. Dow Corning Corporation: www.dowcorning.com/construction. 6. Pecora Corporation: www.pecora.com. 7. The QUIKRETE Companies: www.quikrete.com. 8. Tremco Global Sealants: www.tremcosealants.com. 9. Sherwin-Williams Company: www_sherwin-williams.com. 10. Sika Corporation: www.usa-sika.com. 11. W.R.Meadows, Inc: www.wrmeadows.com. 12. Substitutions: See Section 01 6000- Product Requirements. 2.02 JOINT SEALANT APPLICATIONS A. Scope: 1. Exterior Joints: Seal open joints,whether or not the joint is indicated on the drawings, unless specifically indicated not to be sealed.Exterior joints to be sealed include,but are not limited to,the following items. a. Wall expansion and control joints. b. Joints between door, window, and other frames and adjacent construction. c. Joints between different exposed materials. d. Openings below ledge angles in masonry. e. Other joints indicated below. 2. Interior Joints: Do not seal interiorjoints unless specifically indicated to be sealed. Interior joints to be sealed include, but are not limited to, the following items. a. Joints between door, window,and other frames and adjacent construction. b. Other joints indicated below. 3. Do not seal the following types of joints. a. Intentional weepholes in masonry. b. Joints indicated to be treated with manufactured expansion joint cover or some other type of sealing device. c. Joints where sealant is specified to be provided by manufacturer of product to be sealed. d. Joints where installation of sealant is specified in another section. e. Joints between suspended panel ceilings/grid and walls. B. Exterior Joints: Use nonsag non-staining silicone sealant, unless otherwise indicated. 1. Lap Joints in Sheet Metal Fabrications: Butyl rubber, non-curing. C. Interior Joints: Use nonsag polyurethane sealant,unless otherwise indicated. 1. Wall and Ceiling Joints in Non-Wet Areas: Acrylic emulsion latex sealant. 2. Wall and Ceiling Joints in Wet Areas: Nonsag polyurethane sealant for continuous liquid immersion. JOINT SEALANTS 07 9200-Page 4 of 8 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA D. Interior Wet Areas: Bathrooms,restrooms, kitchens, food service areas, and food processing areas; fixtures in wet areas include plumbing fixtures,food service equipment, countertops,cabinets, and other similar items. 2.03 JOINT SEALANTS-GENERAL A. Sealants and Primers: Provide products with levels of volatile organic compound (VOC) content as indicated in Section 01 6116. B. Colors: As indicated on the drawings or match existing adjacent finishes. 2.04 NONSAG JOINT SEALANTS A. Non-Staining Silicone Sealant: ASTM C920, Grade NS, Uses MandA; not expected to withstand continuous water immersion or traffic. 1. Movement Capability: Plus and minus 50 percent, minimum. 2. Non-Staining To Porous Stone: Non-staining to light-colored natural stone when tested in accordance with ASTM C1248. 3. Dirt Pick-Up: Reduced dirt pick-up compared to other silicone sealants. 4. Color: Match adjacent finished surfaces. 5. Products: a. Dow Corning Corporation; 756 SMS Building Sealant: www.dowcorning.com/construction. b. Dow Corning Corporation; 790 Silicone Building Sealant: www.dowcorning.com/construction. c. Dow Corning Corporation; 791 Silicone Weatherproofing Sealant: www.dowcorning.com/construction. d. Dow Corning Corporation;795 Silicone Building Sealant: www.dowcorning.com/construction. e. Pecora Corporation;890NST Ultra Low Modulus Architectural Silicone Sealant- Class 100: www.pecora.com. f. Pecora Corporation;890FTS Field Tintable Ultra Low Modulus Architectural Silicone Sealant- Class 50: www.pecora.com. g. Pecora Corporation;890FTS-TXTR Field Tintable Textured Ultra Low Modulus Architectural Silicone Sealant- Class 100: www.pecora.com. h. Pecora Corporation;864NST Low Modulus Architectural Silicone Sealant- Class 50: www.pecora.com. i. Pecora Corporation; 895NST Medium Modulus Structural Glazing& Weatherproofing Silicone Sealant- Class 50: www.pecora_com. j. Sika Corporation;Sikasil WS-290: www.usa-sika.com. k. Sika Corporation;Sikasil WS-295: www.usa-sika.com. I. Sika Corporation; Sikasil 728NS: www.usa-sika.com. m. Substitutions: See Section 01 6000- Product Requirements. B. Silicone Sealant: ASTM C920, Grade NS,Uses M and A;not expected to withstand continuous water immersion or traffic. 1. Movement Capability: Plus and minus 25 percent, minimum. 2. Hardness Range: 15 to 35, Shore A,when tested in accordance with ASTM C661. 3. Color: Match adjacent finished surfaces. 4. Products: a. Fortifiber Building Systems Group; Moistop Sealant: www.fortifiber.com. b. Franklin International, Inc.;Titebond 100% Silicone Sealant: www.titebond.com. c. Dow Corning Corporation; 758 Silicone Weather Barrier Sealant: www.dowcorning.com/construction. d. Pecora Corporation; Pecora AVB Silicone: www.pecora.com. e. Pecora Corporation; PCS Pecora Contractor Silicone: www.pecora.com. f. Sherwin-Williams Company; Silicone Rubber All Purpose Sealant: www.sherwin-williams.com. g. Sika Corporation; Sikasil GP: www.usa-sika.com. h. Sika Corporation; Sikasil WS-295: www.usa-sika.com. i. Sika Corporation;Sikasil N-Pius US: www.usa-sika.com. j. Sika Corporation; Sikasil 728NS: www.usa-sika.com. JOINT SEALANTS 07 9200 -Page 5 of 8 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA k. Substitutions: See Section 01 6000- Product Requirements. C. Polyurethane Sealant: ASTM C920, Grade NS, Uses M and A; single or multicomponent; not expected to withstand continuous water immersion or traffic. 1. Movement Capability: Plus and minus 25 percent, minimum. 2. Hardness Range: 20 to 35, Shore A,when tested in accordance with ASTM C661. 3. Color: Match adjacent finished surfaces. 4. Service Temperature Range: Minus 40 to 180 degrees F. 5. Products: a_ Pecora Corporation; DynaTroii-XL General Purpose One Part Polyurethane Sealant: www.pecora.com. b. Pecora Corporation; DynaTrolll General Purpose Two Part Polyurethane Sealant: www.pecora.com. c. The QUIKRETE Companies; QUIKRETE® Polyurethane Non-Sag Sealant: www.quikrete.com. d. Sherwin-Williams Company; Stampede-1/-TX Polyurethane Sealant: www.sherwin-williams.com. e. Sherwin-Williams Company; Stampede 2NS Polyurethane Sealant: www.sherwin-williams.com. f. Sika Corporation; Sikaflex-1a: www.usa-sika.com. g. Sika Corporation;Sikaflex-15 LM: www.usa-sika.com. h. Sika Corporation; Sikaflex-2c NS: www.usa-sika.com. i. W. R. MEADOWS, Inc.; POURTHANE NS: www.wrmeadows.com. j. Substitutions: See Section 01 6000- Product Requirements. D. Type= Non-Curing Butyl Sealant: Solvent-based; ASTM C1311; single component, nonsag, non-skinning, non-hardening, non-bleeding; vapor-impermeable; intended for fully concealed applications. 2.05 SELF-LEVELING SEALANTS A. Self-Leveling Silicone Sealant: ASTM C920, Grade P, Uses MancIA; single or multicomponent, explicitly approved by manufacturer for traffic exposure when recessed below traffic surface; not expected to withstand continuous water immersion. 1. Movement Capability: Plus 100 percent, minus 50 percent, minimum. 2. Color: Gray. 3. Products: a. Sika Corporation; Sikasii728RCS: www.usa-sika.com. b. Sika Corporation;Sikasil 728SL: www.usa-sika.com. c. Substitutions: See Section 01 6000- Product Requirements. B. Self-Leveling Polyurethane Sealant: ASTM C920, Grade P, Uses M and A;single or multicomponent; explicitly approved by manufacturer for traffic exposure; not expected to withstand continuous water immersion . 1. Movement Capability: Plus and minus 25 percent, minimum. 2. Hardness Range: 35 to 55, Shore A,when tested in accordance with ASTM C661. 3_ Color: Gray. 4. Service Temperature Range: Minus 40 to 180 degrees F. 5. Products: a. Pecora Corporation; NR-200 Self-Leveling Traffic-Grade Polyurethane Sealant: www.pecora.com. b. The QUIKRETE Companies; QUIKRETE® Polyurethane Self-Leveling Sealant: www.quikrete.com. c. Sherwin-Williams Company; Stampede 1SL Polyurethane Sealant: www.sherwin-williams.com. d. Sherwin-Williams Company; Stampede 2SL Polyurethane Sealant: www.sherwin-williams.com. e. Sika Corporation; Sikaflex-1c SL: www.usa-sika.com. f. Sika Corporation; Sikaflex-2c SL: www.usa-sika.com. g. Substitutions: See Section 01 6000- Product Requirements. JOINT SEAIANTS 07 9200-Page 6 of 8 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA 2.06 ACCESSORIES A. Backer Rod: Cylindrical cellular foam rod with surface that sealant will not adhere to, compatible with specific sealant used, and recommended by backing and sealant manufacturers for specific application. 1. Type for Joints Not Subject to Pedestrian or Vehicular Traffic: ASTM C1330;Type 0- Open Cell Polyurethane. 2. Type for Joints Subject to Pedestrian or Vehicular Traffic: ASTM C1330;Type B- BFCellular Polyethylene. 3. Open Cell: 40 to 50 percent larger in diameter than joint width. 4. Closed Cell and Bi-Cellular: 25 to 33 percent larger in diameter than joint width. B. Backing Tape: Self-adhesive polyethylene tape with surface that sealant will not adhere to and recommended by tape and sealant manufacturers for specific application. C. Masking Tape: Self-adhesive,nonabsorbent, non-staining, removable without adhesive residue, and compatible with surfaces adjacent to joints and sealants. D. Joint Cleaner: Non-corrosive and non-staining type,type recommended by sealant manufacturer; compatible with joint forming materials. E. Primers: Type recommended by sealant manufacturer to suit application;non-staining. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that joints are ready to receive work. B. Verify that backing materials are compatible with sealants. C. Verify that backer rods are of the correct size. D. Preinstallation Adhesion Testing: Install a sample for each test location shown in the test plan. 1. Test each sample as specified in PART 1 under QUALITY ASSURANCE article. 2. Notify City of San Juan Capistrano of date and time that tests will be performed, at least 7 days in advance. 3. Record each test on Preinstallation Adhesion Test Log as indicated. 4. If any sample fails, review products and installation procedures, consult manufacturer, or take whatever other measures are necessary to ensure adhesion; re-test in a different location;if unable to obtain satisfactory adhesion, report to City of San Juan Capistrano. 5. After completion of tests, remove remaining sample material and prepare joint for new sealant installation. 3.02 PREPARATION A. Remove loose materials and foreign matter that could impair adhesion of sealant. B. Clean joints, and prime as necessary, in accordance with manufacturer's instructions. C. Perform preparation in accordance with manufacturer's instructions and ASTM C1193. D. Mask elements and surfaces adjacent to joints from damage and disfigurement due to sealant work; be aware that sealant drips and smears may not be completely removable. 3.03 INSTALLATION A. Perform work in accordance with sealant manufacturer's requirements for preparation of surfaces and material installation instructions. B. Perform installation in accordance with ASTM C1193. C. Measure joint dimensions and size joint backers to achieve width-to-depth ratio,neck dimension, and surface bond area as recommended by manufacturer, except where specific dimensions are indicated. D. Install bond breaker backing tape where backer rod cannot be used. E. Install sealant free of air pockets,foreign embedded matter, ridges,and sags, and without getting sealant on adjacent surfaces. JOINT SEALANTS 07 9200-Page 7 of 8 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA F. Do not install sealant when ambient temperature is outside manufacturer's recommended temperature range, or will be outside that range during the entire curing period, unless manufacturer's approval is obtained and instructions are followed. G. Nonsag Sealants: Tool surface concave, unless otherwise indicated; remove masking tape immediately after tooling sealant surface. 3.04 FIELD QUALITY CONTROL A. City of San Juan Capistrano will employ an independent testing agency to perform field quality control inspection and testing as specified in PART 1 under QUALITY ASSURANCE article. B. Remove and replace failed portions of sealants using same materials and procedures as indicated for original installation. 3.05 POST-OCCUPANCY A. Post-Occupancy Inspection: Perform visual inspection of entire length of project sealant joints at a time that joints have opened to their greatest width; i.e.at the low temperature in the thermal cycle. Report failures immediately and repair. END OF SECTION JOINT SEAIANTS 07 9200-Page 8 of 8 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA SECTION 09 9000 PAINTING AND COATING PART1 GENERAL 1.01 SECTION INCLUDES A. Surface preparation. B. Field application of paints, stains,varnishes, and other coatings. C. Scope: Finish all interior and exterior surfaces exposed to view, unless fully factory-finished and unless otherwise indicated, including the following: 1. Mechanical and Electrical: a. In finished areas, paint all insulated and exposed pipes, conduit, boxes, insulated and exposed ducts, hangers, brackets, collars and supports,mechanical equipment, and electrical equipment, unless otherwise indicated. b. In finished areas, paint shop-primed items. c. On the roof and outdoors, paint all equipment that is exposed to weather or to view,including that which is factory-finished. d. Paint interior surfaces of air ducts and convector and baseboard heating cabinets that are visible through grilles and louvers with one coat of flat black paint to visible surfaces. D. Do Not Paint or Finish the Following Items: 1. Items fully factory-finished unless specifically so indicated; materials and products having factory-applied primers are not considered factory finished. 2. Items indicated to receive other finishes. 3. Items indicated to remain unfinished. 4. Fire rating labels, equipment serial number and capacity labels, and operating parts of equipment. 5. Non-metallic roofing and flashing. 6. Stainless steel, anodized aluminum, bronze,terne, and lead items. 7. Floors,unless specifically so indicated. 8. Glass. 9. Concealed pipes, ducts, and conduits. 1.02 RELATED REQUIREMENTS A. Section 01 6116- Volatile Organic Compound (VOC)Content Restrictions. 1.03 DEFINITIONS A. Conform to ASTM D16 for interpretation of terms used in this section. 1.04 REFERENCE STANDARDS A. ASTM D16- Standard Terminology for Paint, Related Coatings, Materials,and Applications; 2012. B. ASTM D4442- Standard Test Methods for Direct Moisture Content Measurement of Wood and Wood-Base Materials;2007. C. GreenSeal GS-11 - Paints and Coatings; 2013. 1.05 SUBMITTALS A. See Section 01 3000-Administrative Requirements,for submittal procedures. B. Product Data: Provide complete Jist of all products to be used, with the following information for each: 1. Manufacturer's name, product name and/or catalog number, and general product category(e.g."alkyd enamel"). 2. MPI product number (e.g. MPI#47). 3. Cross-reference to specified paint system(s)product is to be used in; include description of each system. 4. Manufacturer's installation instructions. 5. If proposal of substitutions is allowed under submittal procedures,explanation of all substitutions proposed. PAINTING AND COATING 09 9000-Page 1 of 7 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA C. Samples: Submit three paper"draw down"samples, 8-1/2 by 11 inches in size, illustrating range of colors available for each finishing product specified. 1. Where sheen is specified,submit samples in only that sheen. 2. Where sheen is not specified, submit each color in each sheen available. 3. Allow 30 days for approval process, after receipt of complete samples by Elements Architecture, Inc.. 4. Paint color submittals will not be considered until color submittals for major materials not to be painted,such as masonry, have been approved. D. Certification: By manufacturer that all paints and coatings comply with VOC limits specified. E. Certification: By manufacturer that all paints and coatings do not contain any of the prohibited chemicals specified;GreenSeal GS-11 certification is not required but if provided shall constitute acceptable certification. F. Manufacturer's Instructions: Indicate special surface preparation procedures. G. Maintenance Data: Submit data including finish schedule showing where each product/color/finish was used, product technical data sheets,material safety data sheets (MSDS), care and cleaning instructions,touch-up procedures, repair of painted and coated surfaces, and color samples of each color and finish used. H. Maintenance Materials: Furnish the following for City of San Juan Capistrano's use in maintenance of project. 1. See Section 016000- Product Requirements, for additional provisions. 2. Extra Paint and Coatings: 1 gallon of each color; store where directed. 3. Label each container with color in addition to the manufacturer's label. 1.06 QUALITY ASSURANCE A. Manufacturer Qualifications: Company specializing in manufacturing the products specified, with minimum three years documented experience. 1.07 MOCK-UP A. See Section 01 4000- Quality Requirements, for general requirements for mock-up. B. Provide panel,4 feet long by 8 feet wide, illustrating special coating color, texture, and finish. C. Locate where directed. D. Mock-up may remain as part of the work. 1.08 DELIVERY, STORAGE,AND HANDLING A. Deliver products to site in sealed and labeled containers; inspect to verify acceptability. B. Container Label: Include manufacturer's name, type of paint, brand name, lot number, brand code, coverage, surface preparation, drying time, cleanup requirements,color designation, and instructions for mixing and reducing. C. Paint Materials: Store at minimum ambient temperature of 45 degrees F and a maximum of 90 degrees F, in ventilated area, and as required by manufacturer's instructions. 1.09 FIELD CONDITIONS A. Do not apply materials when surface and ambient temperatures are outside the temperature ranges required by the paint product manufacturer. B. Follow manufacturer's recommended procedures for producing best results, including testing of substrates, moisture in substrates, and humidity and temperature limitations. C. Do not apply exterior coatings during rain or snow, or when relative humidity is outside the humidity ranges required by the paint product manufacturer. D. Minimum Application Temperatures for Latex Paints: 45 degrees F for interiors; 50 degrees F for exterior; unless required otherwise by manufacturer's instructions. E. Provide lighting level of 80 ft candles measured mid-height at substrate surface. PAINTING AND COATING 09 9000-Page 2 of 7 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano. CA PART 2 PRODUCTS 2.01 MANUFACTURERS A. Provide all paint and coating products used in any individual system from the same manufacturer; no exceptions. B. Provide all paint and coating products from the same manufacturer to the greatest extent possible. 1. In the event that a single manufacturer cannot provide all specified products,minor exceptions will be permitted provided approval by City of San Juan Capistrano is obtained using the specified procedures for substitutions. 2. Substitution of MPI-approved products by a different manufacturer is preferred over substitution of unapproved products by the same manufacturer. 3. Substitution of a different paint system using MPI-approved products by the same manufacturer will be considered. C. Paints: 1. Dunn-Edwards Corporation: dunnedwards.com 1. Behr Process Corporation: www.behr.com. 2. Diamond Vogel Paints: www.diamondvogel.com. 3. Duron, Inc: www.duron.com. 4. Glidden Professional, a product of PPG Architectural Coatings: www.gliddenprofessional.com. 5. Benjamin Moore& Co: www.benjaminmoore.com. 6. PPG Architectural Finishes, Inc: www.ppgaf.com. 7. Pratt& Lambert Paints: www.prattandlambert.com. 8. Sherwin-Williams Company: www.sherwin-williams.com. D. Primer Sealers: Same manufacturer as top coats. E. Block Fillers: Same manufacturer as top coats. F. Substitutions: See Section 01 6000- Product Requirements. 2.02 PAINTS AND COATINGS -GENERAL A. Paints and Coatings: Ready mixed, unless intended to be a field-catalyzed coating. 1. Where MPI paint numbers are specified,provide products listed in Master Painters Institute Approved Product List, current edition available at www_paintinfo.com, for specified MPI categories, except as otherwise indicated. 2. Provide paints and coatings of a soft paste consistency, capable of being readily and uniformly dispersed to a homogeneous coating, with good flow and brushing properties, and capable of drying or curing free of streaks or sags. 3. Provide materials that are compatible with one another and the substrates indicated under conditions of service and application, as demonstrated by manufacturer based on testing and field experience. 4. For opaque finishes,tint each coat including primer coat and intermediate coats, one-half shade lighter than succeeding coat, with final finish coat as base color. 5. Supply each coating material in quantity required to complete entire project's work from a single production run. 6. Do not reduce, thin, or dilute coatings or add materials to coatings unless such procedure is specifically described in manufacturer's product instructions. B. Primers: As follows unless other primer is required or recommended by manufacturer of top coats;where the manufacturer offers options on primers for a particular substrate,use primer categorized as"best"by the manufacturer. 1. Gypsum Board: Interior Latex Primer Sealer; MPI#50. 2. Wood: Latex Primer for Interior Wood; MPI#39. 3. Wood: Interior Alkyd Primer Sealer;MPI#45. 4. Steel, Uncoated: Anti-Corrosive Alkyd Primer for Metal; MPI#79. 5. Galvanized Steel: Interior Water Based Galvanized Primer; MPI#134. 6. Galvanized Steel: Cementious primer. C. Volatile Organic Compound (VOC)Content: Comply with Section 01 6116. D. Colors: Match existing PAINTING AND COATING 09 9000-Page 3 of 7 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA 1. In finished areas,finish pipes,ducts, conduit, and equipment the same color as the wall/ceiling they are mounted on/under. 2.03 PAINT SYSTEMS- EXTERIOR A. Paint E-OP- All Exterior Surfaces Indicated to be Painted, Unless Otherwise Indicated: Including concrete, concrete masonry, and cement board. 1. Preparation as specified by manufacturer. 2. Two top coats and one coat primer recommended by manufacturer. 3. Top Coat(s): Exterior High Build Latex; MPI#40. 4. Top Coat Product(s): 5. Primer(s): As recommended by manufacturer of top coats. B. Paint WE-OP-3A- Wood, Opaque,Alkyd, 3 Coat: 1. One coat of alkyd primer sealer. 2. Gloss: Two coats of alkyd enamel. 3. Semi-gloss:Two coats of alkyd enamel. C. Paint ME-OP-3A- Ferrous Metals, Unprimed, Alkyd,3 Coat: 1. One coat of alkyd primer. 2. Gloss: Two coats of alkyd enamel. 3. Semi-gloss: Two coats of alkyd enamel. D. Paint MgE-OP-3A- Galvanized Metals, Alkyd, 3 Coat: 1. One coat galvanize primer. 2. Gloss: Two coats of alkyd enamel. 3. Semi-gloss: Two coats of alkyd enamel. 2.04 PAINT SYSTEMS- INTERIOR A. Paint I-OP- All Interior Surfaces Indicated to be Painted, Unless Otherwise Indicated: Including gypsum board, concrete, concrete masonry, brick, wood, plaster, uncoated steel, shop primed steel, galvanized steel,and aluminum. 1. Two top coats and one coat primer. 2. Top Coat(s): High Performance Architectural Interior Latex; MPI#138-141. 3. Eggshell: MPI gloss level 3; use this sheen at all locations. 4. Satin: MPI gloss level4;use this sheen for items subject to frequent touching by occupants, including door frames and railings. 5. Top Coat Product(s): 6. Primer(s): As recommended by manufacturer of top coats. B. Paint 1-OP-MD-DT- Medium Duty Door/Trim: For surfaces subject to frequent contact by occupants, including metals and wood 1. Medium duty applications include doors, door frames, railings, handrails, guardrails, and balustrades. 2. Two top coats and one coat primer. 3. Top Coat(s): Interior Epoxy-Modified Latex; MPI#115, 215. 4. Semi�Gloss: MPI gloss level 5; use this sheen at all locations. 5. Top Coat Product(s): C. Paint 1-OP-MD-WC- Medium Duty Vertical/Overhead: Including gypsum board, plaster, concrete, concrete masonry, uncoated steel, shop primed steel galvanized steel,and aluminum. 1. Two top coats and one coat primer. 2. Top Coat(s): Interior Epoxy-Modified Latex; MPI#115, 215. 3. Semi�Gloss: MPI gloss level 5; use this sheen at all locations. 4. Top Coat Product(s): a. Sherwin-Williams Pro Industrial Waterbased Catalyzed Epoxy. (MPI#115) b. Sherwin-Williams Waterbased Catalyzed Epoxy. 5. Primer(s): As recommended by manufacturer of top coats. D. Paint WI-OP-3A-Wood, Opaque,Alkyd, 3 Coat: 1. One coat alkyd primer sealer. 2. Gloss: Two coats of alkyd enamel. 3. Semi-gloss: Two coats of alkyd enamel. PAINTING AND COATING 09 9000-Page 4 of 7 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA E. Paint MI-OP-3L- Ferrous Metals, Unprimed, Latex, 3 Coat: 1. One coat of latex primer. 2. Gloss: Two coats of latex enamel. 3. Semi-gloss: Two coats of latex enamel. F. Paint Mai-OP-3A-Aluminum, Unprimed, Alkyd, 3 Coat: 1. One coat etching primer. 2. Gloss: Two coats of alkyd enamel. 3. Semi-gloss: Two coats of alkyd enamel. G. Paint GI-OP-3A- Gypsum Board/Plaster,Alkyd, 3 Coat: 1. One coat of alkyd primer sealer. 2. Gloss: Two coats of alkyd enamel. 3. Eggshell: Two coats of alkyd enamel. 2.05 ACCESSORY MATERIALS A. Accessory Materials: Provide all primers, sealers, cleaning agents,cleaning cloths, sanding materials, and clean-up materials required to achieve the finishes specified whether specifically indicated or not;commercial quality. B. Patching Material: Latex filler. C. Fastener Head Cover Material: Latex filler. PART 3 EXECUTION 3.01 EXAMINATION A. Do not begin application of coatings until substrates have been properly prepared. B. Verify that surfaces are ready to receive work as instructed by the product manufacturer. C. Examine surfaces scheduled to be finished prior to commencement of work. Report any condition that may potentially affect proper application. D. If substrate preparation is the responsibility of another installer,notify City of San Juan Capistrano of unsatisfactory preparation before proceeding. E. Test shop-applied primer for compatibility with subsequent cover materials. F. Measure moisture content of surfaces using an electronic moisture meter. Do not apply finishes unless moisture content of surfaces are below the following maximums: 1. Gypsum Wallboard: 12 percent. 2. Plaster and Stucco: 12 percent. 3. Masonry, Concrete, and Concrete Unit Masonry: 12 percent. 4. Interior Wood: 15 percent, measured in accordance with ASTM D4442. 5. Exterior Wood: 15 percent, measured in accordance with ASTM D4442. 3.02 PREPARATION A. Clean surfaces thoroughly and correct defects prior to coating application. B. Prepare surfaces using the methods recommended by the manufacturer for achieving the best result for the substrate under the project conditions. C. Remove or repair existing coatings that exhibit surface defects. D. Remove or mask surface appurtenances, including electrical plates, hardware, light fixture trim, escutcheons, and fittings, prior to preparing surfaces or finishing. E. Seal surfaces that might cause bleed through or staining of topcoat. F. Remove mildew from impervious surfaces by scrubbing with solution of tetra-sodium phosphate and bleach. Rinse with clean water and allow surface to dry. G. Concrete and Unit Masonry Surfaces to be Painted: Remove dirt,loose mortar, scale, salt or alkali powder, and other foreign matter. Remove oil and grease with a solution of tri-sodium phosphate; rinse well and allow to dry. Remove stains caused by weathering of corroding metals with a solution of sodium metasilicate after thoroughly wetting with water. Allow to dry. H. Gypsum Board Surfaces to be Painted: Fill minor defects with filler compound. Spot prime defects after repair. PAINTING AND COATING 09 9000-Page 5 of 7 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA I. Plaster Surfaces to be Painted: Fill hairline cracks, small holes, and imperfections with latex patching plaster. Make smooth and flush with adjacent surfaces. Wash and neutralize high alkali surfaces. J. Aluminum Surfaces to be Painted: Remove surface contamination by steam or high pressure water. Remove oxidation with acid etch and solvent washing. Apply etching primer immediately following cleaning. K. Galvanized Surfaces to be Painted: Remove surface contamination and oils and wash with solvent. Apply coat of etching primer. L. Corroded Steel and Iron Surfaces to be Painted: Prepare using at least SSPC-SP 2 (hand tool cleaning)or SSPC-SP 3(power tool cleaning)followed by SSPC-SP 1 (solvent cleaning). M. Uncorroded Uncoated Steel and Iron Surfaces to be Painted: Remove grease, mill scale, weld splatter, dirt, and rust. Where heavy coatings of scale are evident, remove by hand or power tool wire brushing or sandblasting;clean by washing with solvent. Apply a treatment of phosphoric acid solution,ensuring weld joints, bolts, and nuts are similarly cleaned. Prime paint entire surface; spot prime after repairs. N. Shop-Primed Steel Surfaces to be Finish Painted: Sand and scrape to remove loose primer and rust. Feather edges to make touch-up patches inconspicuous. Clean surfaces with solvent. Prime bare steel surfaces. Re-prime entire shop-primed item. 0. Interior Wood Surfaces to Receive Opaque Finish: Wipe off dust and grit prior to priming. Seal knots, pitch streaks, and sappy sections with sealer. Fill nail holes and cracks after primer has dried; sand between coats. Back prime concealed surfaces before installation. P. Exterior Wood Surfaces to Receive Opaque Finish: Remove dust, grit,and foreign matter. Seal knots, pitch streaks, and sappy sections. Fill nail holes with tinted exterior calking compound after prime coat has been applied. Back prime concealed surfaces before installation. Q. Wood Doors to be Field-Finished: Seal wood door top and bottom edge surfaces with clear sealer. R. Metal Doors to be Painted: Prime metal door top and bottom edge surfaces. 3.03 APPLICATION A. Remove unfinished louvers, grilles,covers, and access panels on mechanical and electrical components and paint separately. B. Exterior Wood to Receive Opaque Finish: If final painting must be delayed more than 2 weeks after installation of woodwork, apply primer within 2 weeks and final coating within 4 weeks. C. Apply products in accordance with manufacturer's instructions. D. Where adjacent sealant is to be painted, do not apply finish coats until sealant is applied. E. Do not apply finishes to surfaces that are not dry. Allow applied coats to dry before next coat is applied. F. Apply each coat to uniform appearance. G. Dark Colors and Deep Clear Colors: Regardless of number of coats specified,apply as many coats as necessary for complete hide. H. Sand wood and metal surfaces lightly between coats to achieve required finish. 1. Vacuum clean surfaces of loose particles. Use tack cloth to remove dust and particles just prior to applying next coat. J. Reinstall electrical cover plates, hardware, light fixture trim, escutcheons,and fittings removed prior to finishing. 3.04 FIELD QUALITY CONTROL A. See Section 01 4000-Quality Requirements, for general requirements for field inspection. B. City of San Juan Capistrano will provide field inspection. PAINTING AND COATING 09 9000-Page 6 of 7 Pages San Juan Capistrano Public Library Issued For Bid: August 29,2016 Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA 3.05 CLEANING A. Collect waste material that could constitute a fire hazard,place in closed metal containers, and remove daily from site. 3.06 PROTECTION A. Protect finished coatings until completion of project. B. Touch-up damaged coatings after Substantial Completion. END OF SECTION PAINTING AND COATING 09 9000-Page 7 of 7 Pages Issued for Bid: August 29,2016 San Juan Capistrano Public Library Exterior Repairs and Painting CIP 15302 San Juan Capistrano, CA ATTACHMENT A CITY OF SAN JUAN CAPISTRANO SPECIFICATIONS AND CONTRACT DOCUMENTS ATTACHMENT A: CITY OF SAN JUAN CAPISTRANO SPECIFIATIONS AND CONTRACT DOCUMENTS r` - p .p ti c 74 _ Finish Schedule (11 Main Exterior Walls and Towers Dunn Edwards DEC 763 Oatmeal Cookie %" Exterior Lower Walls Dunn Edwards DEC 750 Bison Beige 03 Wood Reveal,Door Detail Dunn Edwards DET 458 Santa Fe Sunset J ®Trellis', Doors and Trim Dunn Edwards DEA 179 Enchanting Ivy Finish motes 05 Patch minor spalling at window ledge 0 ©Exposed natural wood eaves—sand,treat,seal(typical) M (2)Exposed natural wood truss—sand,treat and seal(typical) ti -- �; ®Paint monument sign to match building paint scheme " � �"��.' _•, 09 Paint all planter,stairway and ramp walls—Dunn Edwards DEC 763 Oatmeal Cookie 10 Create stencils to match existing prior to over painting Repaint stenciled pictograms and symbols in locations and colors to match original / r 11 Remove loose material,fill and seal cracks prior to painting(typical) 12 Remove interfering plant materials prior to painting 13 Replace rotted trellis pieces with treated lumber to match existing prior to painting CITY OF SAN JUAN CAPISTRANO 14 Mold/rust staining—clean,treat,seal prior to priming and painting(typical) SAN JUAN CAPISTRANO PUBLIC LIBRARY PAINTING CIP 15302 15 Wood Reveal—Inspect for integrity—Remove and replace compromised portions-Seal,prime and paint SEPTEMBER 2016 �VJ„ 3 • r r1 :s � ti r 4 t . 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