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RCRC Roof Specifications CITY OF ROSEMEAD CALIFORNIA CONTRACT DOCUMENTS SPECIFICATIONS AND STANDARD DRAWINGS FOR Energy Efficiency and Conservation Block Grant Program (EECBG) Replacement of Roof For Rosemead Community Recreation Center PROJECT No. (31002) FISCAL YEAR 2011-2012 IN THE CITY OF ROSEMEAD PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION 8838 E. VALLEY BOULEVARD ROSEMEAD, CA 91770 TELEPHONE: (626) 569-2152 FAX: (626) 307-9218 JOB WALK MEETING TUESDAY, FEBRUARY 21, 2012 CITY OF ROSEMEAD ROSEMEAD COMMUNITY RECREATION CENTER ROOF REPLACEMENT PROJECT PROJECT NO. (31002) TABLE OF CONTENTS BIDDING DOCUMENTS 1. NOTICE INVITING BIDS 2. INSTRUCTIONS TO BIDDERS 3. CONTRACT BID FORMS CONTRACT AGREEMENT 1. CONTRACT AGREEMENT AND INSURANCE REQUIREMENTS 2. PERFORMANCE BOND 3. PAYMENT BOND CONTRACT APPENDIX • PART “A” -GENERAL PROVISIONS • PART “B” -SUPPLEMENTAL GENERAL PROVISIONS • PART “C” -CONSTRUCTION DOCUMENTS CITY OF ROSEMEAD Notice Inviting Informal Bids NOTICE IS HEREBY GIVEN that the CITY OF ROSEMEAD, California, will receive informal sealed bids up to 11:00 o’clock a.m. on Thursday, the 23rd day of February, 2012, and prior to bidding a MANDATORY Job Walk Meeting will be held Tuesday, February 21st, at 9:00 am. at the Rosemead Community Recreation Center, 3936 N. Muscatel Avenue, Rosemead, CA 91770 for the !"#"The project consist of replacement of existing roof with an energy efficient “Cool Roof” and other related work as described in the Plans, Specifications, and Contract Documents, by this reference, made a part hereof. This project is federally-funded. Therefore, this project is subject to the “Buy American” provision of the American Recovery and Reinvestment Act of 2009. Contractor is required to sign a pre-award compliance certification and purchaser certifications with the submittal of this proposal. The engineer’s estimate for this project is $120,000.00. The successful bidder shall have thirty (30) working days to complete the work. Liquidated damages shall be $500.00 per working day. Plans, Specifications, and Contract Documents will be provided at the City of Rosemead Public Works Department, 8838 E. Valley Boulevard, Rosemead, CA 91770 or will be available at the Job Walk on February 21, 2012. (City Hall is closed on Fridays and Monday, February 20th for Presidents’ Day) Each bid must be accompanied by a bidder’s security in an amount not less than 10% of the amount of the bid, as a guarantee that the bidder will, if awarded the Contract, enter into a satisfactory agreement and provide a Performance Bond and a Payment Bond, each not less than 100% of the total amount of the bid price. No bidder may withdraw his bid for a period of sixty-one (61) days after the above bid opening date. The CITY OF ROSEMEAD will affirmatively insure the disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, disability, sex or national origin in the consideration for an award. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project available from the California Department of Industrial Relations’ Internet web site at http://www.dir.ca.gov. The Federal minimum wage rates for this project as predetermined by the United States Secretary of Labor are set forth in the books issued for bidding purposes entitled "Proposal and Contract," and in copies of this book that may be examined at the offices described above where project plans, special provisions, and proposal forms may be seen. Addenda to modify the Federal minimum wage rates, if necessary, will be issued to holders of "Proposal and Contract" books. Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates. Attention is directed to the Federal minimum wage rate requirements in the books entitled "Proposal and Contract." If there is a difference between the minimum wage rates predetermined by the Secretary Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate, which most closely approximates the duties of the employees in question. Bidders shall be licensed in accordance with the provision of Chapter 9, Division 111 of the Business and Professions Code of the State of California. Bidder shall have a Class “B” license in good standing at the time Bids are received. The Council reserves the right to reject any and all bids and to waive any informality, technical defect, or minor irregularity in any bid submitted. An award of service shall not be final until the bids have been reviewed and a Contract Agreement with the City has been signed by the lowest responsible bidder and by the City. Award of Service Agreement is proposed for February 28th, 2012. CITY OF ROSEMEAD ROSEMEAD COMMUNITY RECREATION CENTER ROOF REPLACEMENT PROJECT PROJECT No. 31002 INSTRUCTION TO BIDDERS ITB -i TABLE OF CONTENTS Page 1. AVAILABILITY OF BID DOCUMENTS ............................................................................... 1 2. EXAMINATION OF BID DOCUMENTS ...................... ........................................................ 1 3. INTERPRETATION OF BID DOCUMENTS ....................................................................... 1 4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK .............................. 2 5. ADDENDA ................................................................................................................. .......... 2 6. PREPARATION OF BIDS ................................................................................................... 2 7. ALTERNATE BIDS ........................................... .................................................................. 3 8. MODIFICATIONS OF BIDS ................................................................................................ 3 9. SIGNING OF BIDS.............................................................................................................. 3 10. BID GUARANTEE (BOND) ......................................... ........................................................ 4 11. SUBMISSION OF SEALED BIDS ....................................................................................... 4 12. DELIVERY AND OPENING OF BIDS ................................................................................ 5 13. WITHDRAWAL OF BID ................................................................. ..................................... 5 14. AWARD PROCESS ............................................................................................................ 5 15. DESIGNATION OF SUBCONTRACTORS ........................................................................ 5 16. LICENSING REQUIREMENTS ............................................................................... ........... 6 17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID ................... 6 18. INSURANCE REQUIREMENTS ......................................................................... ................ 6 19. REQUIRED BIDDER CERTIFICATIONS ........................................................................... 6 20. BASIS OF AWARD; BALANCED BIDS ................................. ............................................. 6 21. FILING OF BID PROTESTS ............................................................................................... 7 22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS ............................... 7 23. EXPERIENCE AND TECHNICAL REQUIREMENTS ........................................................ 7 24. SALES AND OTHER APPLICABLE TAXES, PERMITS, LICENSES AND FEES ............ 8 25. EXECUTION OF CONTRACT ............................................................................................ 8 26. OWNER RIGHTS ............................................................................................................... 8 27. BIDDER'S RESPONSIVENESS ...................................... ................................................... 8 28. BIDDER'S RESPONSIVENESS CHECKLIST ................................................................... 8 29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS ............................................ 9 30. RESPONSIBILITY CRITERIA .......................................................................................... 10 ITB -1 INSTRUCTIONS TO BIDDERS All Bids must be made in accordance with these Instructions to Bidders ("ITB"). Unless specifically noted, capitalized terms are used as defined in the General Conditions, found in Part "B" of the Contract Appendix. All terms defined in the General Conditions which occur in the Bid Documents and Contract shall have meanings as defined therein. 1. AVAILABILITY OF BID DOCUMENTS Bids must be submitted to the Owner on the Contract Bid Forms which are a part of the Bid Package for the Project. Prospective bidders may obtain one (1) complete set of Bid Documents. Bid Documents may be obtained from the Owner at the location(s) and at the time(s) indicated in the Notice Inviting Bids. Prospective bidders are encouraged to telephone in advance to determine the availability of Bid Documents. Any applicable charges for the Bid Documents are outlined in the Notice Inviting Bids. The Owner may also make the Bid Documents available for review at one or more plan rooms, as indicated in the Notice Inviting Bids. Please Note: Prospective bidders who choose to review the Bid Documents at a plan room must contact the Owner to purchase the required Bid Documents if they decide to submit a bid for the Project. 2. EXAMINATION OF BID DOCUMENTS The Owner has made copies of the Bid Documents available, as indicated above. Bidders shall be solely responsible for examining the Project Site and the Bid Documents, including any Addenda issued during the bidding period, and for informing itself with respect to local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could affect the Work. Bidders are responsible for consulting the standards referenced in the Contract titled Specifications. Failure of Bidder to so examine and inform itself shall be at its sole risk, and no relief for error or omission will be given except as required under State law. 3. INTERPRETATION OF BID DOCUMENTS Any request for an interpretation or clarification of the Bid Documents must be submitted in writing by Bidder via telex, telegram or facsimile to the Owner’s Project Engineer. Any response that the Owner may choose to make for purposes of interpretation or clarification, will be in writing and made available to all the listed holders of the Bid Documents. The Owner will respond to all written/faxed Bidder's inquiries received at least seventy two (72) hours before the scheduled bid opening date for which, in its sole judgment, a response is in the best interest of the Owner. Where such interpretation or clarification requires a change in the Bid Documents, the Owner will prepare and issue an Addendum to the Bid Documents. The Owner shall not be bound by, and Bidder shall not rely upon, any oral interpretation or clarification of the Bid Documents. The bidding process and terms and conditions will be in strict accordance with the following Bid Documents: a. Notice Inviting Bids b. Instructions to Bidders c. Contract Bid Forms ITB -2 d. Contract e. Contract Appendix Part “A" -General Conditions Part "B" -Supplementary General Conditions Part "C" -Technical Provisions 4. INSPECTION OF SITE; PRE-BID CONFERENCE AND SITE WALK Each prospective bidder is responsible for fully acquainting himself with the conditions of the Project Site (which may include more than one site), as well as those relating to the construction and labor of the Project, to fully understand the facilities, difficulties and restrictions which may impact the total and adequate completion of the Project. 5. ADDENDA The Owner reserves the right to revise the Bid Documents prior to the bid opening date. Revisions, if any, shall be made by written Addenda. Pursuant to Public Contract Code Section 4104.5, if the Owner issues an Addendum later than 72 hours prior to the deadline for submission of bids, and the Addendum requires material changes, additions or deletions to the description of the work to be performed or the content, form or manner of submission of bids, the Owner will extend the deadline for submission of bids by at least 72 hours. Otherwise, the Owner may determine, in its sole discretion, whether an Addendum requires that the date set for opening bids be postponed. The announcement of the new date, if any, shall be made by Addenda. Each prospective bidder shall provide Owner a name, address and facsimile number to which Bid Document Addenda may be sent, as well as a telephone number by which the Owner can contact the Bidder. Copies of Addenda will be furnished by telex, telegram, facsimile, first class mail, express mail or other proper means of delivery without charge to all parties who have obtained a copy of the Bid Documents and provided such current information. Please Note: Bidders are primarily and ultimately responsible for ensuring that they have received any and all Addenda. To this end, each Bidder should contact the Development Services Department to verify that he has received all Addenda issued, if any. Bidders must acknowledge receipt of all Addenda, if any, in its Bid Letter. Failure to acknowledge receipt of all Addenda may cause its Bid to be deemed incomplete and nonresponsive. 6. PREPARATION OF BIDS Bids shall be prepared only using copies of the Contract Bid Forms provided with the Bid Documents. The use of substitute bid forms other than clear and correct photocopies of those provided by the Owner will not be permitted and may result in the Bid being declared nonresponsive. Bid Letters shall be executed by an authorized signatory as described in these Instructions to Bidders. In addition, Bidders shall fill in all blank spaces (including inserting “N/A” where applicable) and initial all interlineations, alterations, or erasures to the Contract Bid Forms. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms nor make substitutions thereon. USE OF INK, INDELIBLE PENCIL OR A TYPEWRITER IS REQUIRED. 7. ALTERNATE BIDS ITB -3 If alternate bid items are called for in the Bid Documents, the lowest bid will be determined on the basis of the base bid only, but the Owner may choose to award the contract on the basis of the base bid alone or the base bid and any alternate or combination of alternates. Since the time for the alternate bid items has already been factored into the Contract Time, no additional Contract Time will be awarded for any of the alternate bid items. Because the Owner may elect to include one or more of the alternate bid items, or to otherwise remove certain bid items from the Project scope of work, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder. Bidders shall not unevenly weight or allocate their overhead and profit to one or more particular bid items. 8. MODIFICATIONS OF BIDS Each Bidder shall submit its Bid in strict conformity with the requirements of the Bid Documents. Each Bid prepared by Bidder shall be complete in itself and shall be submitted within a sealed envelope in accordance with the instructions herein. Unauthorized conditions, limitations, exclusions or provisions attached to a Bid will render it nonresponsive and may cause its rejection. Bidders shall neither delete, modify, nor supplement the printed matter on the Contract Bid Forms, nor make substitutions thereon. ORAL, TELEPHONIC AND FACSIMILE BIDS OR MODIFICATIONS WILL NOT BE CONSIDERED. 9. SIGNING OF BIDS All Bids submitted shall be executed by the Bidder or its authorized representative. Bidders will 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 Bid to bind the Bidder to each Bid and to any Contract arising therefrom. If a Bidder is a joint venture or partnership, it will be asked to submit an authenticated Power of Attorney executed by each joint venturer or partner appointing and designating one of the the joint venturers or partners as a management sponsor to execute the Bid on behalf of Bidder. Only that joint venturer or partner shall execute the Bid. The Power of Attorney shall also: (1) authorize that particular joint venturer or partner to act for and bind Bidder in all matters relating to the Bid; and (2) provide that each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of Bidder assumed under the Bid and under any Contract arising therefrom. The Bid shall be executed by the designated joint venturer or partner on behalf of the joint venture or partnership in its legal name. 10. BID GUARANTEE (BOND) Each bid proposal shall be accompanied by a certified or cashier's check, bid bond (the bid bond must be submitted on the form included in these Bid Documents) or equivalent substitution in lieu of a bond, as authorized by Code of Civil Procedure Section 995.710, in an amount not less than 10% of the Total Bid Price. Any check, bond, or other substitute must be made payable to the Owner, and shall be given as a guarantee that the Bidder will enter into the Contract described in the Bid Documents if awarded the work and will provide a satisfactory Performance Bond, Payment Bond, the required insurance certificates and endorsements, and any other certifications as may be required by the Contract. By submitting a proposal, each bidder agrees that its failure to enter the Contract if awarded the work or to provide the Bonds ITB -4 and other information or documentation described above would result in damage to the Owner, and that it would be impracticable or extremely difficult to ascertain the actual amount of that damage. For this reason, each bidder agrees that the Owner may retain the bid proposal guarantee as liquidated damages if the bidder is awarded the work but fails or refuses to timely enter into the Contract or to provide the Bonds and other information or documentation described above, except as may otherwise be required by California law. If electing to provide a Bid Bond, as set forth above, each Bidder must obtain such a bond from an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. In addition, the Bid Bond must be submitted on the form furnished by the Owner, or one substantially in conformance with the Owner's form if previously approved in writing by the Owner. Certified or cashier's checks must be drawn on a solvent state bank or a California branch of a solvent national bank. After the Owner has made an award to the successful Bidder, and the Bidder has signed a Contract, submitted the necessary bonds, original insurance certificates and endorsements, and any other certifications as may be required by the Contract, the remaining Bid guarantees shall be returned to each particular bidder if requested by that bidder. If the Owner rejects all Bids, it will promptly return to all Bidders their Bid guarantees 11. SUBMISSION OF SEALED BIDS Once the Bid and supporting documents herein have been completed and signed as set forth above, they shall be placed, along with the Bid Guarantee and any proposed sketches and brochures or other materials required by these instructions, in an envelope, sealed, addressed and delivered or mailed, postage prepaid to the Owner at the place and to the attention of the person indicated in the Notice Inviting Bids. NO ORAL, TELEPHONIC OR FACSIMILE FORMS WILL BE CONSIDERED. The envelope shall also contain the following in the lower left-hand corner thereof: Bid of (Insert Name of the Company) For ROSEMEAD COMMUNITY RECREATION CENTER ROOF REPLACEMENT PROJECT No consideration shall be given by the Owner to bid proposals received after the date and time set for the opening of bids as provided in the Notice Inviting Bids. 12. DELIVERY AND OPENING OF BIDS Bids will be received by the Owner at the address shown in the Notice Inviting Bids up to the date and time shown therein. The Owner will leave unopened any Bid received after the specified date and time, and any such unopened Bid will be returned to the Bidder. It is the Bidder's sole responsibility to ensure that its Bid is received as stipulated. Bids may be submitted earlier than the dates(s) and time(s) indicated. Bids will be opened at the date and time stated in the Notice Inviting Bids and the amount of each Bid will be read aloud and recorded. All Bidders may, if they desire, attend the opening of Bids. Owner reserves the right to reject any or all Bids, to waive any informality or irregularity in any Bid received where such waiver is in the best interests of the Owner, and to be the sole ITB -5 judge of the merits of the respective Bids received. In the event of a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. 13. WITHDRAWAL OF BID Prior to the bid opening date, a Bid may be withdrawn by the Bidder by means of a written request signed by the Bidder or its properly authorized representative. If a Bidder to whom the award is made fails or refuses to sign a Contract, or to furnish the bonds, certificates and endorsements required below within the time specified in these Instructions to Bidders below, the funds represented by the Bid Guarantee (cash, cashiers check or Bid bond described above) shall be forfeited and become and remain the property of the Owner; the amount thereof being previously agreed to by the Bidder and the surety to be due the Owner because of the damage resulting from the delay in the execution of the Contract and in the performance of Work thereunder. 14. AWARD PROCESS Once all Bids are opened and reviewed to determine the lowest responsive and responsible bidder, the City Council will make all necessary decisions and awards. The apparent successful bidder should at this point begin to prepare the following documents: (1) the Performance Bond; (2) the Payment Bond; and (3) the required insurance certificates and endorsements. Once the Owner issues a Notice of Award, the successful bidder will have seven (7) Working Days from the date of this letter to supply the Owner with all of the required documents and certifications. Regardless whether the successful bidder supplies the required documents and certifications in a timely manner, the Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed. Once the Owner receives all of the properly drafted and executed documents and certifications from the successful bidder, the Owner shall issue a Notice to Proceed to that successful bidder. 15. DESIGNATION OF SUBCONTRACTORS Pursuant to state law, the Bidders must designate the name and location of each subcontractor who will perform work or render services for the prime Bidder in an amount that exceeds one-half of one percent (0.5%) of the Bidder's Total Bid Price, as well as the portion of work each such subcontractor will perform. Bidders must make these designations, as well as any others requested by the Owner, on the document titled "List of Proposed Subcontractors" which has been included with the Contract Bid Forms. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. 16. LICENSING REQUIREMENTS Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the Owner shall consider any bid submitted by a contractor not currently licensed in accordance with state law and pursuant to the requirements found in the Bid Documents to be nonresponsive, and the Owner shall reject the Bid. The Owner shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the Owner of all valid license(s) ITB -6 currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract. 17. DISQUALIFICATION OF BIDDERS; INTEREST IN MORE THAN ONE BID No bidder shall be allowed to make, submit or be interested in more than one bid. However, a person, firm, corporation or other entity that has submitted a subproposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a subproposal or quoting prices to other bidders submitting a bid to the Owner. 18. INSURANCE REQUIREMENTS Within the time specified in these Instructions to Bidders above, Bidder shall provide the Owner with four identical counterparts of all required insurance certificates and endorsements as specified in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. All insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VIII, licensed to do business in California, and and satisfactory to the Owner. 19. REQUIRED BIDDER CERTIFICATIONS Bidders must comply with the following: A. CONTRACT BID FORMS: Within the Contract Bid Documents the bidder must certify to various information, including but not limited to, the accuracy of the representations made in the Contract Bid Forms . B. NON-COLLUSION AFFIDAVIT: Pursuant to Public Contract Code Section 7106, each Bidder must execute and submit with its bid the statutorily mandated non-collusion affidavit included in the Bid Documents. 20. BASIS OF AWARD; BALANCED BIDS The Owner shall award Contracts to only the lowest responsible Bidders submitting responsive Bids, as required by law. The Owner reserves the right to reject any or all Bids. The Owner may reject any Bid which, in its opinion when compared to other bids received or to the Owner's internal estimates, does not accurately reflect the cost to perform the Work. In addition, because the Owner may elect to include or exclude any of the bid items and alternate bid items at its sole and absolute discretion, each Bidder must ensure that each bid item contains a proportionate share of profit, overhead and other costs or expenses which will be incurred by the Bidder. The Owner may reject as non-responsive any bid which unevenly weights or allocates overhead and profit to one or more particular bid items. 21. FILING OF BID PROTESTS Bidders may file a "protest" of a contract award with the Owner's Project Manager. In order for a Bidder's protest to be considered valid, the protest must: A. Be filed in writing within five (5) Working Days after the bid opening date. B. Clearly identify the specific accusation involved. C. Clearly identify the specific Owner Staff/Board recommendation being protested. ITB -7 D. Specify, in detail, the grounds of the protest and the facts supporting the protest. E. Include all relevant, supporting documentation with the protest at time of filing. If the protest does not comply with each and every one of these requirements, it will be rejected as invalid. If the protest is valid, the Owner's Project Engineer, or other designated Owner staff member, shall review the basis of the protest and all relevant information. The Project Engineer will deny or concur with the protest and provide a written decision to the protestor. The protestor may then appeal the decision of the Project engineer to the City Engineer. 22. PERFORMANCE BOND AND PAYMENT BOND REQUIREMENTS Within the time specified in these Instructions to Bidders above, the Bidder to whom a Contract is awarded shall deliver to the Owner four identical counterparts of the Performance Bond and Payment Bond in the form supplied by the Owner and included in the Bid Documents. Failure to do so may, in the sole discretion of Owner, result in the forfeiture of the Bid Guarantee. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the Owner. The Performance Bond shall be for one hundred percent (100%) of the Total Bid Price, and the Payment Bond shall also be for one hundred percent (100%) of the Total Bid Price. Contractor shall require, pursuant to Public Contract Code article 4108, all subcontractors providing labor and materials in excess of the dollar amount indicated in the Notice Inviting Bids to supply Payment and Performance Bonds in the amounts and manner required of the Contractor. The Contractor shall specify this requirement for subcontractor bonds in his written or published request for subcontractor bids 23. EXPERIENCE AND TECHNICAL REQUIREMENTS Bidders are required to provide the experience and qualification information required as part of the Contract Bid Forms. The purpose of this data is to provide the information necessary for the Owner to determine whether Bidders have the necessary experience in order to responsibly carry out the Work. Each Bidder shall answer all questions and provide information requested by the Contract Bid Forms. 24. 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 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 Bid Documents. 25. EXECUTION OF CONTRACT The Bidder to whom an award is made shall execute the Contract in the amount of its Total Bid Price and furnish the required insurance certificates and endorsements, as well as Performance and Payment Bonds, in a timely manner. The Owner may require appropriate evidence that the persons executing the Contract and the bonds for both the Bidder and its surety or sureties are ITB -8 duly empowered to do so. 26. OWNER RIGHTS The Owner may investigate the qualifications of any Bidder under consideration, require confirmation of information furnished by a Bidder, and require additional evidence of qualifications to perform the work described in these Bid Documents. The Owner reserves the right to: A. Reject any or all of the Bids if such action is in the best interest of the Owner. B. Issue subsequent Notices Inviting Bids. C. Cancel this entire Notice Inviting Bids. D. Appoint evaluation committees to review any or all Bids. E. Seek the assistance of outside technical experts to validate the Bid(s). F. Approve or disapprove the use of particular subcontractors. G. Waive informalities and irregularities in Bids. The Notice Inviting Bids does not commit the Owner to enter into a contract, nor does it obligate the Owner to pay any costs incurred in preparation and submission of Bids or in anticipation of a contract. 27. BIDDER'S RESPONSIVENESS The Owner will evaluate Bids for responsiveness at the time of Bid opening and before award is made. A Bid must be in strict compliance with the commercial and technical specifications, without exception. Only Bids which conform in all material respects to the Bid Documents can be eligible for award. A Bid not meeting the requirements of the responsiveness checklist may be rejected immediately upon opening, and returned to the Bidder's representative. 28. BIDDER'S RESPONSIVENESS CHECKLIST The Owner's initial responsiveness evaluation will consider the following: A. Completed and properly executed Bid Letter (Including a completed Total Bid Price, completed Bid Bond amount, acknowledged addenda, completed state of incorporation or partner/joint venturer information (if applicable), completed license number, and signature by authorized company officer); B. Completed Bid Data Forms (including valid and properly executed Bid Bond for 10% of the Total Bid Price and a completed List of Proposed Subcontractors); C. Properly executed Non-Collusion Affidavit; and D. Completed and properly executed Bidder Information Forms. If the Bidder is a joint venture, each joint venturer shall prepare and submit a separate form. Extra forms, if needed, can be obtained from the Owner, or photocopied by the Bidder, if necessary. 29. CONTRACT BID FORMS; LISTS OF SUBCONTRACTORS ITB -9 A. Contract Bid Forms. The Bid Letter and Forms must be completed as set forth below. (1) The Contract Bid Forms and Letter must be prepared using ink, indelible pencil or a typewriter. (2) The Bid Letter must be signed by the Bidder or on its behalf by the person or persons having the authority to do so. Proof of the authority to act on behalf of the firm must be submitted when requested. The proof shall be in the form of a certified copy of an appropriate corporate resolution, certificate of partnership or joint venture, or other appropriate document. If Bidder is an entity made up of multiple parties and no person or persons are designated to act on its behalf, all parties shall execute the Bid. (3) Addenda -Receipt of addenda must be acknowledged in the space provided in the Bid Letter. (4) The Bidder shall not delete, modify, supplement or make substitutions thereof, on the printed matter of the Contract Bid Forms or Bid Letter. (5) Corrections shall be initialed by the person who signs the Bid Letter. (6) Exceptions or qualifications to the Bid Documents are strictly forbidden. Any comment by the Bidder which the Owner determines can be construed as altering the requirements of the specifications or the terms and conditions of the Contract will render the Bid nonresponsive and disqualify the Bidder from consideration for award. B. List of Proposed Subcontractors (Forms). State law prohibits substitution of subcontractors listed in the original Bid except as otherwise provided in Sections 4107 and 4107.5 of the California Public Contract Code. Bidders are required to list all Subcontractors whose participation in the Contract will exceed one-half of one percent (0.5%) of the Total Bid Price. The List of Proposed Subcontractors Forms must be completed as set forth below. (1) Name. List the name of Subcontractors who will perform work in excess of one half of one percent (0.5%)of the Total Bid Price. (2) Location. For listed Subcontractors, identify the location of its place of business (City and State). (3) Work. For listed Subcontractors, identify the type/portion of work to be performed in the Contract. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will not allow Bidders twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. ITB -10 30. RESPONSIBILITY CRITERIA Responsibility is the apparent ability of the Bidder to meet and complete successfully the requirements of the Contract. The Owner reserves the right to consider the financial responsibility and general competency of each bidder, as well as its reputation within the industry. Owner may request, and apparent low bidder shall provide, a financial statement, audited if necessary, including the Bidder's latest balance sheet and income statement. Owner expects that each Bidder will fully and truthfully disclose all information required of the Bidder by the Bid Documents. The prospective contractor, in order to be evaluated by the Owner as being a responsible contractor, must complete Section 4 of the Contract Bid Forms to determine that it: A. Has or can secure adequate financial resources to perform the contract; B. Is able to meet the performance or delivery schedule of the contract, taking into consideration other business commitments; and C. Has a satisfactory record of performance. A contractor seriously deficient in current contract performance, considering the number of contracts and extent of the deficiencies, is presumed not to meet this requirement unless the deficiencies are beyond its control or there is evidence to establish its responsibility notwithstanding the deficiencies. Evidence of such satisfactory performance record should show that the contractor: (1) Has a satisfactory record of integrity in its dealings with government agencies and with subcontractors, and is otherwise qualified to receive an award under applicable laws and regulations; (2) Has the necessary organization, experience, satisfactory safety record, accounting and operational controls and technical skills or the ability to obtain them; and (3) Has the necessary production, construction, and technical equipment and facilities or the ability to obtain them. END OF INSTRUCTIONS TO BIDDER CITY OF ROSEMEAD ROSEMEAD COMMUNITY RECREATION CENTER ROOF REPLACEMENT PROJECT PROJECT No. 31002 CONTRACT BID FORMS SECTION 1 -BID SCHEDULE BIDDER: ________________________ CBF -1 BID SCHEDULE SCHEDULE OF PRICES FOR ROSEMEAD COMMUNITY RECREATION CENTER ROOF REPLACEMENT PROJECT PROJECT No. 31002 ROOF BID SCHEDULE NO. ITEM DESCRIPTION UNIT OF MEASURE EST. QTY. UNIT PRICE ITEM COST 1 Clearing and Grubbing LS 1 2 Plywood Sheathing Replacement, allowance 800 square feet SF 800 3 Roof Patching, Including Flashing, Sheet Metal, and Sealants LS 1 4 Replace Entire Roofing with a PVC Thermoplastic Membrance, Mechanically Attached, LS 1 5 Asbestos Abatement SF 6 Lead Paint Abatement SF TOTAL BASE BID PRICE (SCHEDULE BID PRICE):$_________________________________ ______________________________________________________________________________ Dollar amount in written form BIDDER: ________________________ CBF -2 Note: The City of Rosemead reserves the right to reduce or increase the quantities of any items in the schedule of bid items above, within the limits define in Section 3-2.2.1 of the Standard Specifications, to stay within the budgeted amount of this project. The undersigned agrees that these Contract Bid Forms constitute a firm offer to the Owner which cannot be withdrawn for the number of Working Days indicated in the Notice Inviting Bids from and after the bid opening date, or until a Contract for the Work is fully executed by the Owner and a third party, whichever is earlier. The undersigned also agrees that if there is a discrepancy between the written amount of the Bid Price and the numerical amount of the Bid Price, the written amount shall govern. Attached hereto is a certified check, a cashier's check or a bid bond in the amount of Dollars ($ ) said amount being not less than ten percent (10%) of the Total Bid Price. The undersigned agrees that said amount shall be retained by the Owner if, upon award, we fail or refuse to execute the Contract and furnish the required bonds, certificates and endorsements of insurance and other certifications within the time provided. If awarded a Contract, the undersigned agrees to execute the formal Contract, which will be prepared by the Owner for execution, within five (5) Calendar Days following the Letter of Award for the Contract, and will deliver to the Owner within that same period the necessary original Certificates of Insurance, Endorsements of Insurance, Performance Bond, Payment Bond and all other documentation and certification required by the Contract. The undersigned offers and agrees that if this bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and Professional Code), arising from purchases of goods, materials or services by the Bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to he Contractor. Bidder understands and agrees that, when requested by Owner, he shall provide: (1) evidence satisfactory to the Owner of Bidder’s California contractor’s license(s) in good standing; (2) evidence that the person signing this Bid is authorized to bind Bidder to this Bid and to a contract resulting therefrom; and (3) any other information and documentation, financial or otherwise, needed by Owner to award a Contract to the lowest responsible and responsive bidder. Bidder understands and agrees that liquidated damages shall apply to this Contract in the amounts of five hundred dollars ($500.00) if project is not completed in forty-five (45) calendar days. The Contract Time will begin to run ten (10) Working Days from the date of the Notice of Proceed and subject to the terms and conditions described in the Contract Form and the Contract Documents. Bidder acknowledges that data submitted with its Contract Bid Forms which it requires to be incorporated into a Contract arising out of this Submittal has been so identified by Bidder. Bidder further acknowledges that the Owner may, at its discretion, incorporate any of the remaining data submitted herewith into a contract arising out of this Bid. The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Contract Documents. Addenda Nos. _______________________ BIDDER: ________________________ CBF -3 The Bidder understands and agrees that the Total Bid Price is inclusive of all labor, materials, and equipment or supplies necessary to complete the Work as described in the Bid Documents. If this bid is accepted, the undersigned Bidder agrees to enter into and execute the Contract with the necessary bonds and accept the Total Bid Price as compensation in full for all Work under the contract. BIDDER: ________________________ CBF -4 By: _____________________________ _____________________________ Signature Business Street Address _____________________________ _____________________________ Type or Print Name City, State and Zip Code _____________________________ _____________________________ Title Telephone Number Bidder's/Contractor's State of Incorporation: __________________________ ___________ Partners or Joint Venturers: ___________________________________________ ___________________________________________ ___________________________________________ Bidder’s License Number(s): ___________________________________________ NOTES: 1) By its signature on this Bid, the Bidder certifies under penalty of perjury the accuracy of the representations made on the Contract Bid Forms. 2) If Bidder is a corporation, enter State of Incorporation in addition to Business Address 3) If Bidder is a partnership or joint venture, give full names of all partners or joint venturers. As further discussed in the Instructions to Bidders, Bidder will be required to provide evidence that the person signing on behalf of the corporation, partnership or joint venture has the authority to do so. BIDDER: ________________________ CBF -5 SECTION 2 BID DATA FORMS BIDDER: ________________________ CBF -6 Bidder shall submit its Bid data in accordance with the format shown on each of the following Bid Data Forms. Bidders shall prepare and use as many sheets as are necessary to adequately provide the information required. Bidder shall ensure that every page of its Bid Data Forms are properly identified with the Bidder's name and page number. 2.A BID BOND KNOW ALL MEN BY THESE PRESENTS: THAT __________________________________________________________, as Principal, and ____________________________________________________ ______________________________, as Surety, are held firmly bound unto the CITY OF ROSEMEAD (hereinafter called the OWNER) in the sum of _______________________________________________________________ ____ ___________________________________________________________________ _________________________________________________________DOLLARS ($______________________), being not less than ten percent (10%) of the Total Bid Price; for the payment of which sum will will and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, said Principal has submitted a bid to the OWNER to perform all Work required for the Rosemead Community Recreation Center ROOF Replacement Project as set forth in the Notice Inviting Bids and accompanying Bid Documents, dated ______________________. NOW, THEREFORE, if said Principal is awarded a Contract for the Work by the OWNER and, within the time and in the manner required by the above-referenced Bid Documents, enters into the written form of Contract bound with said Bid Documents, furnishes the required bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials) furnishes the required insurance certificates and endorsements, and furnishes any other certifications as may be required by the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said Surety shall pay all costs incurred by the OWNER in such suit, including reasonable attorneys' fees to be fixed by the court. SIGNED AND SEALED, this _______ day of __________________, 20____. _______________________________(SEAL) ______________________(SEAL) Principal Surety By: ________________________ By: ____________________________ Signature Signature BIDDER: ________________________ CBF -7 2.B LIST OF PROPOSED SUBCONTRACTORS In compliance with the "Subletting and Subcontracting Fair Practices Act," Sections 4100 through 4114 of the California Public Contract Code, and any amendments thereto, each Bidder shall provide the information requested below for each subcontractor who will perform work, labor or render service to Bidder in or about the construction of the Work in an amount in excess of one-half of one percent (greater than 0.5 %) of the Bidder's Total Bid Price, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, and shall further set forth the portion of the Work which will be done by each subcontractor. Bidder shall list only one subcontractor for any one portion of the Work. Pursuant to Public Contract Code Section 4104, the Owner has determined that it will allow Bidders twenty-twenty-four (24) additional hours after the deadline for submission of bids to submit the information requested by the Owner about each subcontractor, other than the name and location of each subcontractor. If the Bidder fails to specify a subcontractor for any portion of the Work to be performed under the Contract, it shall be deemed to have agreed to perform such portion itself, and shall not be permitted to subcontract that portion of the Work except under the conditions hereinafter set forth below. Subletting or subcontracting of any portion of the Work in excess of one half of one percent (greater than 0.5%) of the Total Bid Price or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the Contractor's total bid or ten thousand dollars ($10,000), whichever is greater, for which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after Owner appr oval. BIDDER: ________________________ CBF -8 2.B LIST OF PROPOSED SUBCONTRACTORS (continued) [**Duplicate Next 2 Pages if needed for listing additional subcontractors.**] Name and Location Description of Work of Subcontractor to be Subcontracted Name: _______________________________________ Address: ______________________________________ Name and Location Description of Work of Subcontractor to be Subcontracted Name: _______________________________________ Address: ______________________________________ Name and Location Description of Work of Subcontractor to be Subcontracted Name: _______________________________________ Address: ______________________________________ Name and Location Description of Work of Subcontractor to be Subcontracted Name: _______________________________________ Address: ______________________________________ Name and Location Description of Work of Subcontractor to be Subcontracted Name: ________________________ _______________ Address: ______________________________________ BIDDER: ________________________ CBF -9 2.C REFERENCES The following are the names, addresses and telephone numbers for three public agencies for which BIDDER has performed similar work within the past two (2) years: 1. _________________________________________________________________________________ Name and Address of Owner _________________________________________________________ ________________________ Name and telephone number of person familiar with project _________________________________________________________________________________ Contract amount Type of Work Date Completed 2. _________________________________________________________________________________ Name and Address of Owner _________________________________________________________________ ________________ Name and telephone number of person familiar with project _________________________________________________________________________________ Contract amount Type of Work Date Completed 3. _________________________________________________________________________________ Name and Address of Owner _________________________________________________________________________ ________ Name and telephone number of person familiar with project _________________________________________________________________________________ Contract amount Type of Work Date Completed 4. _________________________________________________________________________________ Name and Address of Owner ______________________________________________________________________________ ___ Name and telephone number of person familiar with project _________________________________________________________________________________ Contract amount Type of Work Date Completed BIDDER: ________________________ CBF -10 SECTION 3 NON-COLLUSION AFFIDAVIT BIDDER: ________________________ CBF -11 NON-COLLUSION AFFIDAVIT In accordance with Public Contract Code Section 7106, the undersigned, being first duly sworn, deposes and says that he or she holds the position listed below with the bidder, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. _______________________________ Signature _______________________________ Typed or Printed Name _______________________________ Title _______________________________ Bidder Subscribed and sworn before me This ____ day of _______________________, 20____ (Seal) _____________________________ Notary Public in and for the State of California My Commission Expires: ______________ CITY OF ROSEMEAD ROSEMEAD COMMUNITY RECREATION CENTER ROOF REPLACEMENT PROJECT PROJECT NO. (31002) CONTRACT AGREEMENT CONTRACT AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this ______ day of ____________________, 20___ by and between the City of Rosemead, a municipal corporation of the State of California, located at 8838 E. Valley Blvd., Rosemead, California 91770, (“City”) and [insert Name of Company], a [insert type of entity -corporation, partnership, sole proprietorship or other legal entity] with its principal place of business at [insert address] (hereinafter referred to as “Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing [insert type of services] services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. 2.2 Project. City desires to engage Contractor to render such services for the [insert Name of Project] (“Project”) as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [insert type of services] maintenance services necessary for the Project (“Services”). All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from [insert start date] to [insert ending date], unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. [insert Name of Company] Page 2 of [insert last page number of agreement] 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance. 3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City’s Representative. The City hereby designates [insert Name or Title], or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.5 Contractor’s Representative. Contractor hereby designates [insert Name or Title], or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants and [insert Name of Company] Page 3 of [insert last page number of agreement] other staff at all reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2.9 Insurance. 3.2.9.1 Time for Compliance. Contractor shall maintain prior to the beginning of and for the direction of this Agreement insurance coverage as specified in Exhibit D attached to and part of this agreement. 3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees [insert Name of Company] Page 4 of [insert last page number of agreement] appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.11 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services 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 elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.2.12 Bonds. 3.2.12.1 Performance Bond. Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.2 Payment Bond. Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-toexceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.12.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No [insert Name of Company] Page 5 of [insert last page number of agreement] further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.12.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit C attached hereto and incorporated herein by reference. The total compensation shall not exceed [insert written dollar amount] ($[insert numerical dollar amount]) without advance written approval of City’s project manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receiving such statement, review the statement and pay all approved charges thereon. 3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. [insert Name of Company] Page 6 of [insert last page number of agreement] 3.3.5 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 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 “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services 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 elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4 Accounting Records. 3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.5 General Provisions. 3.5.1 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be [insert Name of Company] Page 7 of [insert last page number of agreement] required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CONTRACTOR: [Insert Name] [Insert Address] [Insert City, State zip] Attn: [Contact Person] CITY: City of Rosemead P.O. Box 399 Rosemead, CA 91770 Attn: Such notice shall be deemed made when personally delivered or when mailed, fortyeight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.3 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 3.5.4 Attorney’s Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action. 3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation [insert Name of Company] Page 8 of [insert last page number of agreement] the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers. 3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties. 3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Los Angeles County. 3.5.8 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.9 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.11 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 3.5.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. [insert Name of Company] Page 9 of [insert last page number of agreement] 3.5.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.5.19 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5.20 Authority to Enter Agreement. Contractor has all requisite power and [insert Name of Company] Page 10 of [insert last page number of agreement] authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 3.5.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6 Subcontracting. 3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. [signatures on next page] [insert Name of Company] Page 11 of [insert last page number of agreement] CITY OF ROSEMEAD [INSERT NAME OF CONTRACTOR] By: By: City Mayor Name: Attest: Title: Gloria Molleda City Clerk [If Corporation, TWO SIGNATURES, President OR Vice President AND Secretary, AND CORPORATE SEAL OF CONTRACTOR REQUIRED] Approved as to Form: Garcia Calderon Ruiz LLP By: Name: City Attorney Title: 02/08 Document1 [insert Name of Company] Page 1 of [insert last page number of agreement] D-1 INSURANCE REQUIREMENTS Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend,supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this agreement and which is applicable to a given loss, will be available to City. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office “Commercial General Liability” policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less that $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Consultant or Consultant’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers Compensation on a state-approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident or disease. Excess or Umbrella Liability Insurance (Over Primary) if used to meet limit requirements, shall provide coverage at least as broad as specified for the underlying coverages. Any such coverage provided under an umbrella liability policy shall include a drop down provision providing primary coverage above a maximum $25,000 self-insured retention for liability not covered by primary but covered by the umbrella. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. Policy shall contain a provision obligating insurer at the time insured’s liability is determined, not requiring actual payment by the insured first. There shall be no cross liability exclusion precluding coverage for claims or suits by one insured against another. Coverage shall be applicable to City for injury to employees of Consultant, subconsultants or others involved in the Work. The scope of coverage provided is subject to approval of City following receipt of proof of insurance as required herein. Limits are subject to review but in no event less than $___________ per occurrence. [insert Name of Company] Page 2 of [insert last page number of agreement] D-2 Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the state of California and with an A.M. Bests rating of A-or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant’s employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. [insert Name of Company] Page 3 of [insert last page number of agreement] D-3 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide 30 days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will “endeavor” (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, noncontributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Consultant’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or selfinsured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such such change. If such change results in substantial [insert Name of Company] Page 4 of [insert last page number of agreement] D-4 additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 17. The provisions of any workers’ compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. Requirements of specific coverage features or limits limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or allinclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. [insert Name of Company] Page 5 of [insert last page number of agreement] D-5 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. CITY OF ROSEMEAD ROSEMEAD COMMUNITY RECREATION CENTER ROOF REPLACEMENT PROJECT PROJECT NO. (31002) PERFORMANCE BOND PERFORMANCE BOND -1 PERFORMANCE BOND WHEREAS the CITY OF ROSEMEAD (also herein "Obligee") has awarded to __________________________________________________________ (hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the Rosemead Community Recreation Center Roof Replacement Project and all other required structures and facilities within the rights-of-way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated ___________________ (hereinafter the "Public Work Contract"); and WHEREAS, the Contractor is required by said Public Work Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof, NOW, THEREFORE, we _________________________________ _______________________________________ , the undersigned Contractor, as Principal, and ___________________________________________________, a corporation organized and existing under the laws of the State of ______________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD in the sum of ______________________________________ ___________________ dollars, ($____________________________), said sum being not less than 100% of the total amount payable by the said Obligee under the terms of the said Public Work Contract, for which payment 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 Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said Public Work Contract and any alteration thereof made as therein provided, on his or their 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 the one-year guarantee of all materials and workmanship; and indemnify and save harmless the Obligee, its officers and agents, as stipulated in the said Public Work Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. In the event legal action is required to enforce the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements, and other damages. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. PERFORMANCE BOND -2 The said Surety, for value received, hereby stipulates and agrees that no change, extensions of time, alteration or addition to the terms of the Public Work Contract or to the Work to be performed thereunder, or the specifications accompanying the same 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, or to the Work or to Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this ____ day on _____________________, 20____. ________________________________ Principal/Contractor By: ___________________________ President ________________________________ Surety By: _____________________ ______ Attorney-in-Fact The rate of premium on this bond is ___________ per thousand. The total amount of premium charged, $_____________. (The above must be filled in by corporate surety.) PERFORMANCE BOND -3 STATE OF CALIFORNIA ) ) ss. COUNTY OF ____________ ) On this ____ day of _________________, in the year _________, before me, ________________________________________, a Notary Public in and for said state, personally appeared __________________________________________, known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the ____________________________________ (surety) and acknowledged to me that he subscribed the name of the _________________________________________ (surety) thereto and his own name as Attorney-in-Fact. ___________________________________ Notary Public in and for said State (SEAL) My Commission expires _______________. PERFORMANCE BOND -4 CERTIFICATE AS TO CORPORATE PRINCIPAL I, __________________________________________, certify that I am the _____________________________________________ Secretary of the corporation named as principal to the within bond; that ___________________________________________ who signed the said bond on behalf of the principal was then _______________________________ ________ of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) __________________________________ Signature ______________________ Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. CITY OF ROSEMEAD ROSEMEAD COMMUNITY RECREATION CENTER ROOF REPLACEMENT PROJECT PROJECT NO. (31002) PAYMENT BOND PAYMENT BOND -1 PAYMENT (MATERIAL & LABOR) BOND WHEREAS the CITY OF ROSEMEAD (hereinafter "Obligee") has awarded to ____________________________________________________(hereinafter "Contractor"), a contract for work consisting of but not limited to, furnishing all labor, materials, tools, equipment, services, and incidentals for the Rosemead Community Recreation Center Roof Replacement Project and all other required structures and facilities within the rights-of-way, easements and permits; WHEREAS, the Work to be performed by the Contractor is more particularly set forth in that certain contract for the said Public Work dated _________________________, (hereinafter the "Public Work Contract"); and WHEREAS, said Contractor is required to furnish a bond in connection with said Public Work Contract providing that if said Contractor or any of his or its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms 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 provisions of 3248 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. NOW, THEREFORE, we _________________________________________ _______________________________________, the undersigned Contractor, as Principal and _______________________________________ ___________, a corporation organized and existing under the laws of the State of ___________________________ and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the CITY OF ROSEMEAD and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the said Public Work, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said Public Work to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the said Contractor, the sum of ____________________________________ dollars, ($________________), said sum being not less than 100% of the total amount payable by said Obligee under the terms of the said Public Work Contract, for which payment 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 Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Work contracted to be done, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the PAYMENT BOND -2 Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. In case legal action is required to enforce the provisions of this bond, the prevailing party shall be entitled to recover reasonable attorneys' fees in addition to court costs, necessary disbursements and other consequential damages. In addition to the provisions hereinabove, it is agreed that this bond will inure to the benefit of any and all persons, companies and corporations entitled to make claims under Sections 3110, 3111, 3112 and 3181 of the California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or additions to the terms of the said Public Work Contract or to the Work to be performed thereunder or the specification accompanying the same 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 or to the Work or to the Specifications. IN WITNESS WHEREOF, we have hereto set our hands and seals this ____ day on _____________________, 20____. ________________________________ Principal/Contractor By: ___________________________ President ___________________ _____________ Surety By: ___________________________ Attorney-in-Fact PAYMENT BOND -3 STATE OF CALIFORNIA ) ) COUNTY OF ____________ ) ss. On this ____ day of _________________________, in the year ________, before me, ____________________________________________, a Notary Public in and for said state, personally appeared ___________________________________________, known to me (or proved to be on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the _______________________________________ (surety) and acknowledged to me that he subscribed the name of the ______________________________ (surety) thereto and his own name as Attorney-in-Fact. ___________________________________ Notary Public in and for said State (SEAL) My Commission Expires _____________ PAYMENT BOND -4 CERTIFICATE AS TO CORPORATE PRINCIPAL I, _____________________________, certify that I am the ________________ Secretary of the corporation named as principal in the attached bond, that _____________________________________ who signed the said bond on behalf of the principal was then ____________________________________ of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed and attested for and in behalf of said corporation by authority of its governing Board. (Corporate Seal) _________________________________ Signature _____________________ Date NOTE: A copy of the power of attorney to local representatives of the bonding company may be attached hereto. CITY OF ROSEMEAD ROSEMEAD COMMUNITY RECREATION CENTER ROOF REPLACEMENT PROJECT PROJECT NO. (31002) PART "A" GENERAL PROVISIONS GENERAL PROVISIONS -1 Standard Specifications. The Work hereunder shall be done in accordance with the Standard Specifications for Public Works Construction (“Greenbook”), 2009 Edition, including all current supplements, addenda, and revisions thereof (hereinafter referred to as "Standard Specifications"), these General Conditions and the Specifications and Drawings identified in the Contract Documents. The Standard Specifications are referred to and by this reference made a part hereof as though set forth at length. In the case of conflict between the Standard Specifications and these General Conditions, these General Conditions shall take precedence over, and shall be used in lieu of, such conflicting provisions. The section headings in these General Conditions correspond to the section headings of the Standard Specifications. In the event a section heading contained in the Standard Specifications is not referenced in these General Conditions that section shall read exactly as stated in the Standard Specifications. Supplemental Reference Specifications. Insofar as references may be made in these Special Provisions to the Caltrans Standard Specifications, such work shall conform to the referenced portions of the technical provisions Caltrans Standard Specifications, 2006 edition, only of said reference specifications, provided, that wherever the term “Standard Specifications” is used without the prefix “Caltrans”, it shall mean the Standard Specifications for Public Works Construction (“Green Book”), 2009 Edition, as previously specified in the above paragraph. GENERAL PROVISIONS -2 PART 1 -GENERAL PROVISIONS SECTION 1 TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 1-2 DEFINITIONS Wherever in the Standard Specifications or other Contract Documents the following terms are used, they shall mean the following: Agency -The CITY OF ROSEMEAD Bid Guaranty -As defined in the Standard Specifications. Also referred to as the “Bid Security” in the Contract Documents. Bid Security -The Bid Guaranty, as defined herein. Board -The City Council of the CITY OF ROSEMEAD. City -The CITY OF ROSEMEAD City’s Representative -The Engineer, as defined herein. Contract -The written agreement (Contract form) between the City and the Contractor for the complete and adequate completion of the Work for the Project. The Contract consists of the Contract Documents. The documents comprising the Contract are complementary, and each obligation of the Contractor, Subcontractors and material or equipment suppliers in any one document shall be binding as if specified in all. The Contract is intended to include all items required for the proper execution and completion of the Work. Contract Documents -In addition to the documents noted in the definition of Contract Documents in the Standard Specifications, all documents incorporated by reference into the Contract form. Contract Price -The amount stated in the Contract form, including authorized adjustments pursuant to Change Orders, which is the total amount payable by the City to the Contractor for performance of the Work under the Contract. It is also sometimes referred to as the “Total Bid Price” in the Contract Documents. Contractor’s Representative – Contractor’s executive representative who shall be present on the Project Site at all times that any Work is in progress and who shall have the authority to act on behalf of the Contractor for all purposes under the GENERAL PROVISIONS -3 Contract. The Contractor shall designate such representative in writing to the City. The Contractor’s Representative shall be available to the City and its agent’s at all reasonable times. Engineer -The Director of Public Works of the CITY OF ROSEMEAD, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as the “City’s Representative” in the Contract Documents. Liquidated Damages -the amount prescribed in the Contract form, pursuant to the authority of Government Code Section 53069.85, to be paid to the City or to be deducted from any payments due, or to become due, the Contractor for each day’s delay in completing the whole or any specified portion of the Work beyond the time allowed in the Contract Documents. Notice to Contractors -Notice Inviting Bids. Project -The total and satisfactory completion of the project noted in the Contract Documents, as well as all related work performed in accordance with the Contract, including but not limited to, any alternates selected by the City. Project Site -All of the property and/or facilities of the City where the Work will be performed pursuant to the Contract, as well as such adjacent lands as may be directly affected by the performance of the Work. Recyclable Waste Materials -Materials removed from the Project site which is required to be diverted to a recycling center rather than an area landfill. Recyclable Waste Materials include asphalt, concrete, brick, concrete block, and rock. Special Provisions -Any provisions which supplement or modify the Standard Specifications, including these General Conditions (Part “A”), the Supplementary General Conditions (Part “B”) and the Technical Provisions (Part “C”). Total Bid Price -The amount stated in the Contract form, including authorized adjustments pursuant to Change Orders, which is the total amount payable by the City to the Contractor for performance of the Work under the Contract. Also sometimes referred to as the “Contract Price” in the Standard Specifications and other Contract Documents. -END OF SECTION - GENERAL PROVISIONS -4 SECTION 2 SCOPE AND CONTROL OF WORK The project consist of replacement of nine (9) rooftop units (RTU) and all auxiliary components, and other related work as described in the Plans, Specifications, and Contract Documents, by this reference, made a part hereof. 2-3 SUBCONTRACTS 2-3.3 Subcontractor Obligations. Section 2-3.3 of the Standard Specifications shall be amended to include the following provisions: “By appropriate written agreement, Contractor shall require each Subcontractor to be bound by all obligations of this Contract. Each subcontract agreement shall preserve and protect the rights of the City. Should any subcontractor fail to perform the Work undertaken by him to the satisfaction of the City, said subcontractor shall be removed immediately from the Project upon request by the City’s Representative and shall not again be employed on the Work. The Contractor shall be held liable for the all deficient Subcontractor Work.” 2-4 CONTRACT BONDS The following shall be added at the end of Section 2-4 of the Standard Specifications: “The Contractor shall ensure that its Bonding Company is familiar with all of the terms and conditions of the contract Documents, and shall obtain a written acknowledgment by the Bonding Company that said Bonding Company thereby waives the right of special notification of any changes or modifications of the Contract, or of extensions of time, or of decreased or increased Work, or of cancellation of the Contract, or of any other act or acts by the Owner or any of its authorized representatives. If the Contract Price is increased in accordance with the Contract, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and promptly deliver satisfactory evidence of such increase to the City.” “Pursuant to Public Contract Code Section 4108, Contractor shall require all Subcontractors providing labor and materials in excess of the amount indicated in the Notice Inviting Bids to supply Payment and Performance Bonds in accordance with the same bond requirements applicable to the Contractor, except that the bond amounts shall equal the total amount of their subcontract. The Contractor shall specify this requirement for Subcontractor bonds in his written or published request for Subcontractor bids. Failure to comply with this requirement shall not preclude Contractor from complying with the Subcontractor bonding requirements. The practice of issuing separate purchase orders and/or subcontracts for the purpose of circumventing the Subcontractor bonding requirements shall not serve to exempt the Contractor from these requirements. No payments, except for a reimbursement payment to the Contractor for the cost of the Contractor’s own Faithful Performance and Payment bonds, shall be made to the GENERAL PROVISIONS -5 Contractor until the Contractor provides the aforementioned Subcontractor bonds to the Contractor.” 2-5 PLANS AND SPECIFICATIONS 2-5.1 General. The second full paragraph of Section 2-5.1 of the Standard Specifications shall be amended to include the following at the end of that paragraph: “All Contract Documents are essential parts of the Contract for a given project. Any requirement included in one Contract Document shall be as binding as though included in all, as they are intended to be cooperative and to provide a description of the Work to be done.” 2-5.2 Precedence of Contract Documents. The provisions of Section 2-5.2 of the Standard Specifications shall be revised to read as follows: “In resolving disputes resulting from conflicts, errors, or discrepancies in any of the Contract Documents, the document highest in precedence shall control. The order of precedence shall be as listed below: 1. Change Orders or Work Change Directives 2. Agreement 3. Addenda 4. Contractor’s Bid (Bid Bid Forms) 5. Special Provisions 6. General Conditions 7. Standard Specifications 8. Notice Inviting Bids 9. Instructions to Bidders 10. Specifications 11. Plans (Contract Drawings) 12. Standard Plans 13. 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” 2-5.4 Interpretation of the Plans and Specifications. Section 2-5.4 shall be added to the Standard Specifications to read as follows: GENERAL PROVISIONS -6 “Should it appear that the Work to be done, or any matter relative thereto, is not sufficiently detailed or explained on the Plans or in the Specifications, the Contractor shall request the City’s Representative for such further explanation as may be necessary, and shall conform to such explanation or interpretation as part of the Contract, so far as may be consistent with the intent of the original Specifications. In the event of doubt or questions relative to the true meaning of the Specifications, reference shall be made to the Engineer, whose decision thereon shall be final.” 2-7 SUBSURFACE DATA 2-7.1 Limited Reliance by Contractor. Section 2-7.1 shall be added to the Standard Specifications to read as follows: “Soils reports and other reports of subsurface conditions may be made available for inspection by the Contractor. HOWEVER, SUCH REPORTS AND DRAWINGS ARE NOT CONTRACT DOCUMENTS. The contractor may rely upon the general accuracy of the “technical data” contained in such reports and drawings only where such “technical data” are specifically identified in the Special Provisions. Except for such reliance on such “technical data”, the Contractor may not rely upon or make any claim against the Owner, the Engineer, nor any of the Engineer’s Consultants with respect to any of the following:” “2-7.1.1. Completeness. The completeness of such reports and drawings for contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto.” “2-7.1.2. Other Information. Any other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings.” “2-7.1.3. Interpretation. Any interpretation by the Contractor of such “technical data” or any conclusion drawn from any “technical data” or any such data, interpretations, opinions or information.” 2-8 RIGHT-OF-WAY. Section 2-8 of the Standard Specifications shall be revised in its entirety to read as follows: “All temporary access or construction rights-of-way, other than those shown on the Plans, which the Contractor may find it requires during progress of the Work, shall be arranged by, paid for and disposed of solely by the Contractor at its own expense. The Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from all claims for damages of any kind arising from or incident to such rights-of-way. Those rights-of-way shown on the Plans will be provided by the City at its expense.” GENERAL PROVISIONS -7 2-9 SURVEYING. 2-9.2 Survey Service. Section 2-9.2 of the Standard Specifications shall be amended to include the following: “All survey monuments, centerline ties and survey reference points will be tied out in advance by the City Surveyor. Temporary control shall be protected in place. Any temporary control disturbed by the contractor shall be replaced at the contractor expense and no additional compensation shall be allowed therefore. City Surveyor will provide one set of temporary stakes for position of well monuments. Contractor shall install well monuments. Contractor shall coordinate his/her work with the City Surveyor for the installation.” 2-9.4 Line and Grade. Section 2-9.4 of the Standard Specifications shall be amended in its entirety to read as follows: “All Work, including finished surfaces, shall during its progress and upon completion conform to the lines, grades, cross-sections, elevations and dimensions shown on the Plans. All distances and measurements are given thereon and will be made in a horizontal plane. Three consecutive points shown on the same rate of slope must be used in common in order to detect any variation from a straight line. In the event any discrepancy exists, it must be reported to the City’s Representative. Failure to make this report shall make the Contractor responsible for any error in the finished Work. Minor deviations from approved Plans, whenever required by the exigencies of construction, shall be determined in all cases by the City’s Representative and authorized in writing.” 2-10 AUTHORITY OF BOARD AND ENGINEER. The provisions of Section 2-10 of the Standard Specifications shall be revised to read as follows: “Whenever the Contract Documents refer to the Engineer or City’s Representative, or provide the Engineer or City’s Representative with power to act on behalf of the City, such reference shall necessarily include the City’s Representative, or his or her authorized designee.” “The City Council shall have the power to award the Contract, and shall generally have the final authority to act in all matters affecting the Project. The City’s Representative shall have the authority to enforce compliance with the Contract Documents. The Contractor shall promptly comply with the instructions of the City’s Representative. The decisions of the City’s Representative shall be final and binding on all questions as to: (1) the quantity, quality and acceptability of materials and equipment furnished and Work performed; (2) the manner of performance and rate of progress of the Work; (3) any and all questions which may arise as to the interpretation of the Plans, Specifications, General GENERAL PROVISIONS -8 Conditions, and Special Provisions; (4) the acceptable fulfillment of the Contract on the part of the Contractor; (5) any claims and compensation issues; and (6) his authority to enforce and make effective such decisions and actions as the Contractor fails to carry out promptly.” 2-11 INSPECTION. The provisions of Section 2-11 shall be amended to include the following at the end of that Section: “The Engineer shall have complete and safe access to the Work at all times during construction, and shall be furnished with every reasonable facility for ascertaining that the materials and the workmanship are in accordance with the Specifications, the Special Provisions, and the Plans. All labor, materials, and equipment furnished shall be subject to the Engineer’s inspection.” “When the Work is substantially completed, the Engineer or a representative of the Engineer will make the final inspection.” “Whenever the Contractor varies the period during which Work is carried on any day, he shall give adequate notice to the City’s Representative so that proper inspection may be provided. Defective Work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have previously been inspected, accepted or estimated for payment.” “The Contractor shall prosecute work on any State highway or within any railroad right-of-way only in the presence of an inspector representing the State Division of Highways or the railroad company, and any Work done in the absence of such inspectors will be subject to rejection. The Contractor shall make the appropriate notification according to the instructions given on the State Encroachment Permit or railroad permit for all inspections, and shall post all bonds and certificates required by the permit. The permit shall be acquired by the Contractor at the Contractor's expense. The Contractor shall pay for all testing and inspections required by a State Encroachment Permit or railroad permit.” GENERAL PROVISIONS -9 2-12 SITE EXAMINATION Section 2-12 shall be added to the Standard Specifications as follows: “The Contractor shall have the sole responsibility of satisfying itself concerning the nature and location of the Work, and the general and location conditions, such as, but not limited to, all other matters which could in any way affect the Work or the costs thereof. The failure of the Contractor to acquaint itself with all available information regarding any applicable existing or future conditions shall not relieve it from the responsibility for properly estimating either the difficulties, responsibilities, or costs of successfully performing the Work according to the Contract Documents.” 2-13 FLOW AND ACCEPTANCE OF WATER Section 2-13 shall be added to the Standard Specifications as follows: “Storm, surface, nuisance, or other waters may be encountered at various times during construction of the Work. Therefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.” 2-14 PROHIBITION AGAINST SUBCONTRACTING OR ASSIGNMENT. Section 2-14 shall be added to the Standard Specifications as follows: “The Contractor shall give his personal attention to the fulfillment of the Contract and shall keep the Work under his control. The Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder except in strict compliance with Section 2-3 of the Standard Specifications and state law. In addition, neither this Contract nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, either voluntarily or by force of law, except as otherwise provided in Section 7103.5 of the State of California Public Contract Code, without the prior written approval of the City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of the Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, this Contract shall be void. No approved transfer shall release the Contractor or any surety of the Contractor of any liability hereunder without the expressed written consent of the City.” -END OF SECTION - GENERAL PROVISIONS -10 SECTION 3 CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.1 General. The provisions of Section 3-2.1 of the Standard Specifications shall be amended to include the following at the end of that Section: “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. 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.” 3-2.2 Payment. The provisions of Section 3-2.2 of the Standard Specifications shall be revised to read as follows: “3-2.2.1 Contract Unit Prices. Section 3-2.2.1 shall be amended in its entirety to read as follows:” “3-2.2.1(a) Allowable Quantity Variations on Unit Price Contracts. In the event of an increase or decrease in a bid item quantity of a unit price contract, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the Contract Documents, wherever such unit price has been established; provided, that an adjustment in the Contract Unit Price may be made for changes which result in an increase or decrease in the quantity of any unit price bid item of the Work in excess of 25 percent, or for eliminated items of work.” “3-2.2.1(b) Increases of More Than 25 Percent on Unit Price Contracts. On a unit price contract, should the total quantity of any item of work required under the Contract exceed the Engineer’s Estimate therefor by more than 25 percent, the work in excess of 125 percent of such estimate and not covered by an executed contract Change Order specifying the compensation to be paid therefor will be paid for by adjusting the Contract Unit Price, as hereinafter provided, or at the option of the Owner, payment for the work involved in such excess will be made made as provided in Paragraph 3-3.2, as amended in these Special Provisions.” “Such adjustment of the Contract Unit Price will be the difference between the Contract Unit Price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item. If the costs applicable to such item of work include fixed costs, such fixed costs shall be deemed to have been recovered by the Contractor by the payments made for 125 percent of the Engineer’s Estimate of the quantity for such item, and in computing the actual unit costs, such fixed costs will be excluded. Subject to the above provisions, such actual unit cost will be determined by the engineer in the same manner as if the work were to be paid for as extra work as provided GENERAL PROVISIONS -11 in Paragraph 3-3.2, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the Owner.” “When the compensation payable for the number of units of an item of work performed in excess of 125 percent of the Engineer’s Estimate is less than $5,000 at the applicable Contract Unit Price, the Engineer reserves the right to make no adjustment in said price if he so elects, except that an adjustment will be made if requested in writing by the Contractor.” “3-2.2.1(c) Decreases of More Than 25 Percent on Unit Price Contracts. On unit price contracts, should the total pay quantity of any item of work required under the contract be less than 75 percent of the Engineer’s Estimate therefor, an adjustment in compensation pursuant to this Section will not be made unless the Contractor so requests in writing. If the Contractor so requests, the quantity of said item performed, unless covered by an executed contract change order specifying the compensation payable therefor, will be paid for by adjusting the Contract Unit Price as hereinafter provided, or at the option of the engineer, payment for the quantity of the work of such item performed will be made as if the work were to paid for as extra work as provided in Paragraph 3-3.2, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the Owner; provided, however, that in no case shall the payment for such work be less than that which would be made at the Contract Unit Price.” “Such adjustment of the contract unit price will be the difference between the contract unit price and the actual unit cost, which will be determined as hereinafter provided, of the total pay quantity of the item, including fixed costs. Such actual unit cost will be determined by the Engineer in the same manner as if the work were to be paid for as extra work as provided in Paragraph 3-3.2, as amended in these Special Provisions, or such adjustment as will be as agreed to by the Contractor and the Owner.” “The payment for the total pay quantity of such item of work will in no case exceed the payment which would be made for the performance of 75 percent of the Engineer’s Estimate of the quantity for such item at the original Contract Unit Price.” “3-2.2.1(d) Eliminated Items on Unit Price Contracts. On unit price contracts, should any contract item of the work be eliminated in its entirety, in the absence of an executed contract Change Order covering such elimination, payment will be made to the Contractor for actual costs incurred in connection with such eliminated contract item if incurred prior to the date of notification in writing by the Engineer of such elimination.” “If acceptable material is ordered by the Contractor for the eliminated item prior to the date of notification of such elimination by the Engineer, and if orders for such material cannot be canceled, it will be paid for at the actual cost to the Contractor. In such case, the material paid for shall become the property of the Owner and the actual cost of any further handling will be paid for by the Owner. If the material is returnable to the vendor and if the Engineer so directs the Contractor, the material shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the material. The actual cost of handling returned material will be paid for.” GENERAL PROVISIONS -12 “The actual costs or charges to be paid by the Owner to the Contractor as provided in this Section 3-2 will be computed in the same manner as if the work were to be paid for as extra work as provided in Paragraph 3-3.2, as amended in these General Conditions, or such adjustment as will be as agreed to by the Contractor and the Owner.” 3-3 EXTRA WORK 3-3.1 General. The provisions of Section 3-3.1 of the Standard Specifications shall be amended to include the following at the end of that Section: “All extra work shall be adjusted daily upon report sheets furnished by the Contractor, prepared by the City’s Representative and signed by both parties. The daily report shall be considered thereafter as the true record of extra work done. New and unforeseen work will be classed as extra work only when said work is not covered and cannot be paid for under any of the various items or combination of items for which a bid price appears in the Bid Forms. The Contractor shall not do any extra work, work, except upon written order from the City’s Representative.” 3-3.2 Payment. The provisions of Section 3-3.2 of the Standard Specifications shall be amended as follows: 3-3.2.1 General. Section 3-3.2.1 shall be amended to include the following at the beginning of that Section: “Extra work shall be paid for under written work order in accordance with the terms therein provided. Generally, payment for extra work will be made at the unit price or lump sum previously agreed upon between the Contractor and the City.” 3-3.2.3 Markup. Paragraph (a) of Section 3-3.2.3 (Work by Contractor) shall be amended in its entirety to read as follows: “(a) Work by Contractor. The following percentages shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profit. 1) Labor 24 percent (includes bonding) 2) Materials 15 percent 3) Equipment rental 15 percent 4) Other items and expenditures 15 percent 5) Subcontracts (1st tier only) 5 percent 6) Lower tier subcontractors none To the sum of the costs and markups provided for in this subsection, except for labor, one percent shall be added as compensation for bonding.” GENERAL PROVISIONS -13 3-6 EXISTING CONDITIONS. Section 3-6 shall be added to the Standard Specifications as follows: “Contractor shall have the sole responsibility for satisfying itself concerning the conditions, nature and location of the Project and the Work to be performed, as well as the general and local conditions. Such conditions shall include, but shall not be limited to, local labor availability, means of transportation, necessity for security, laws and codes, local permit requirements, wage scales, local tax structure, contractors' licensing requirements, availability of required insurance, and other factors that could in any way affect the Work or the costs thereof. The Contractor is solely responsible for understanding the facilities, difficulties and restrictions which may impact the total and adequate completion of the Project. The failure of the Contractor to acquaint himself with all available information regarding any applicable existing or future conditions shall not relieve him from the responsibility for properly estimating either the difficulties, responsibilities, or costs of fully and adequately performing the Work according to the Contract Documents.” -END OF SECTION - GENERAL PROVISIONS -14 SECTION 4 CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.1 General. Section 4-1.1 of the Standard Specifications shall be amended in its entirety to read as follows: “It is the intent of the City in drafting the Contract Documents to accept only first-class work, materials, parts, equipment and workmanship. All materials, parts and equipment furnished by Contractor for the Work shall be new, high grade, free from defects, of specified kind and fully equal to samples when such samples are required. Used or secondhand materials, parts and equipment may be used only if permitted by the Specifications. When the quality or kind of material or articles required under the Contract are not particularly specified, the Contractor shall provide those representing the best of their class or kind. Quality of Work shall be in strict accordance with generally accepted standards. Material, parts, equipment and Work quality shall be subject to the approval of the City’s Representative. All materials, parts and equipment used and installed, and all details of the Work done, shall at all times be subject to the supervision, test and approval of the City’s Representative. The City’s Representative shall have access to the Work at all times during construction, and shall be furnished with every reasonable facility for securing full knowledge with regard to the progress, workmanship and character of the materials, parts and equipment used or employed in the Work. Materials, parts and equipment shall be furnished in such quantities, kinds and at such times as to ensure uninterrupted progress of the Work.” “All materials, parts, equipment or Work which are defective in their construction or deficient in any of the requirements of the Contract Documents, whether in place or not, shall be remedied or removed and replaced by the Contractor in an acceptable manner, and no compensation will be allowed for such correction work. Any Work done beyond the lines shown on the Plans or established by the City’s Representative, or any extra work done without written authority, will be considered unauthorized and will not be paid for by the City. Upon Contractor’s failure to comply promptly with any order of the City’s Representative made under the provisions of this Section, the City’s Representative shall have authority to cause such defective or unauthorized Work to be remedied or removed and replaced, and to deduct the costs thereof from any moneys due or to become due the Contractor. If the Work is found to be in compliance with these specifications, the City’s Representative will furnish the Contractor with a certificate to that effect.” 4-1.2 Protection of Work and Materials. The provisions of Section 4-1.2 of the Standard Specifications shall be amended to add the following at the end of that Section: “Contractor shall fully and adequately store and protect all materials, parts and equipment, as required herein. Contractor shall be solely responsible for any and all damages or loss by weather or any other cause to such materials, parts and equipment. The Contractor shall make good any and all damages or loss to materials, parts and equipment.” GENERAL PROVISIONS -15 “Until the final written acceptance of the Work by the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance, and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for all materials and the protection of Work already completed, and shall properly store and protect them, if necessary. Contractor shall provide suitable drainage and erect temporary structures where necessary. Nothing in this Contract shall be considered as vesting in the Contractor any right of property in materials used after they have been attached or affixed to the Work or the soil upon City real property. All such materials shall, upon being so attached or so affixed, become the property of the City.” “Notwithstanding the foregoing, Contractor shall not be responsible for restoring damage valued in excess of five percent (5%) of the Contract Price if such damage was caused by an earthquake measuring over 3.5 on the Richter scale or by a tidal wave, as provided for in Public Contract Code Section 7105. If provided for in the Contract Bid Forms, however, Contractor shall provide insurance to protect against such damages.” 4-1.4 Test of Materials. The provisions of Section 4-1.4 of the Standard Specifications shall be amended to add the following at the end of that Section: “Contractor shall immediately remove all rejected material from the Work or Site, and shall not again return such material to the Site.” 4-1.6 Trade Names or Equals. The second and third paragraphs of Section 4-1.6 of the Standard Specifications shall be amended in their entirety to read as follows: “Whenever any particular material, process, or equipment is indicated by a patent, proprietary, or brand name, or by the name of the manufacturer, such product shall be followed by the words “or equal”. A Contractor may offer any material, process, or equipment considered as equivalent to that indicated, unless a sole source is specified. Failure of the Contractor to submit requests for substitution promptly after award shall be deemed to signify that the Contractor intends to furnish one of the brands named in the Special Provisions, and the Contractor does hereby waive all rights to offer or use substitute materials, products, or equipment for that which was originally specified. Unless otherwise authorized by the Engineer, the time for submission of data substantiating a request for substitution of an “or equal” item shall be not less than 35 nor more than 40 calendar days after award of Contract.” “The burden of proof as to the comparative quality and suitability of alternative equipment or materials shall be on the Contractor. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. Such data shall include complete calculations, technical specifications, samples, or published documents relating to the performance and physical characteristics of the proposed GENERAL PROVISIONS -16 substitute. The Contractor shall have the material tested as required by the City’s Representative to determine that the quality, strength, physical, chemical or other characteristics, including durability, finish, efficiency, dimensions, service and suitability are such that the item will completely and adequately fulfill its intended function.” 4-1.9 Placing Orders. Section 4-1.9 shall be added to the Standard Specifications as follows: “The Contractor shall place the order(s) for all long-lead supplies, materials, and equipment, for any traffic signing, striping, legends and traffic control facilities within 3 working days after the award of Contract by the Owner. The Contractor shall furnish the Engineer with a statement from the vendor(s) that the order(s) for said supplies, materials, and equipment has been received and accepted by said vendor(s) within 15 working days from the date of said award of Contract.” 4-1.10 Removal of Interfering Obstructions. Section 4-1.10 shall be added to the Standard Specifications to read as follows: “The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character met during the process of excavation, it being understood that the cost of said removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing Work.” 4-1.11 Procedure in Case of Damage to Public Property. Section 4-1.11 shall be added to the Standard Specifications to read as follows: “Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at his own cost, free of all charges to the City. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the Bid Forms and Specifications and found necessary during the process of construction (but not due to damage resulting from carelessness on the part of the Contractor during his operations), shall be paid to the Contractor at the unit prices submitted in his Bid.” 4-1.12 Diversion of Recyclable Waste Materials. Section 4-1.12 shall be added to the Standard Specifications to read as follows: “In support of the Owner’s waste reduction and recycling efforts, Contractor shall divert all Recyclable Waste Materials, as defined in the Contract Documents, to appropriate recycling centers rather than area landfills. 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 Owner to document Contractor’s compliance with these diversion requirements. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.” -END OF SECTION - GENERAL PROVISIONS -17 SECTION 5 UTILITIES 5-1 LOCATION The provisions of Section 5-1 of the Standard Specifications shall be amended to add the following at the end of that Section: “Locations of existing utilities shown on the Plans are approximate and may not be complete. Therefore, the Contractor shall notify Underground Service Alert at 1-800-227-2600 a minimum of 2 working days prior to any excavation in the vicinity of any potentially existing underground facilities in order to verify the location of all utilities prior to the commencement of the Work.” “The Contractor shall be responsible for coordinating its work with all utility companies during the construction of the Work.” “The Plans identify the approximate locations of existing utilities that parallel or cross the Work. These locations are based on the best information available to the Owner. The Contractor shall verify these locations.” 5-2 PROTECTION The provisions of Section 5-2 of the Standard Specifications shall be amended to add the following at the end of that Section: “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 grade by the Contractor. The Contractor shall notify each utility owner a minimum of 2 working days before commencing the Work.” “If the Contractor, while performing the Contract, discovers utility facilities not identified by the public agency in the Contract Plans or Specifications, he or she shall immediately notify the public agency and utility in writing.” “The public utility, where they are the owner, shall have the sole discretion to perform repairs or relocation work, or permit the Contractor to do such repairs or relocation work at a reasonable price.” “During construction of the Work, some of the existing utilities may fall within the prism of trenches. if the existing utility does fall within the contractor=s trenches, the utility involved shall be supported properly by the Contractor to the satisfaction of the utility owner. The method of support of the utility, precautions to be taken during trench backfill and compaction, etc., shall be per the utility owner’s requirements. The Contractor shall contact the utility owner should it anticipate such exposure of any of the existing utilities.” GENERAL PROVISIONS -18 5-5 DELAYS The provisions of Section 5-5 of the Standard Specifications shall be amended to add the following at the end of that Section: “Notwithstanding anything to the contrary, the provisions of Articles 1 and 2 of the California Government Code (Sections 4215 and 4216) are incorporated by reference as if fully set forth herein. In the event of any conflict between the Standard Specifications and Government Code Sections 4215 and 4216, the provisions of Government Code Section 4215 and 4216 shall prevail. Contractor should pay particular attention to the provisions of Section 4215 with regards to the relocation of utilities, the costs thereof, delays caused thereby and the indication of service laterals and appurtenances.” “The right is reserved to the owners of public utilities or franchises to enter upon the streets for the purpose of making repairs or changes in their property which may be necessary as a result of the Work. Employees of the City shall likewise have the privilege of entering upon the street for the purpose of making any necessary repairs or replacements.” “Contractor shall employ and use only qualified persons, as hereinafter defined, to work in proximity to Southern California Edison's secondary, primary and transition facilities. The term "qualified person" shall mean one who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved, as more specifically defined in Section 2700 of Title 8 of the California Administrative Code. The Contractor shall take such steps as are necessary to assure compliance by all Subcontractors.” -END OF SECTION - GENERAL PROVISIONS -19 SECTION 6 PROSECUTION, PROGRESS, AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK The second paragraph of Section 6-1 of the Standard Specifications shall be amended in its entirety to read as follows: “After the Contract has been approved by the Owner, and a written Notice to Proceed has been issued to the Contractor, the Contractor shall start the Work within 10 working days after the date specified in said Notice to Proceed. The Work shall be diligently prosecuted to completion before the expiration of the time indicated in the Bid Documents and Contract Form, plus any duly authorized extensions thereof.” The provisions of Section 6-1 of the Standard Specifications shall be amended to add the following at the end of that Section: “Notwithstanding anything to the contrary herein, the Contractor’s proposed construction schedule shall include the expected start and completion dates for all portions of the contract Work. During a scheduling conference between the Contractor and the City’s Representative, the work schedule will be discussed and modified, if necessary, by mutual agreement. Should it become necessary for the City to delay temporarily the construction schedule agreed upon during the scheduling conference, every effort will be made to permit a new construction schedule at the time most convenient to the Contractor, thus permitting the Project to proceed with the shortest intramural movement of the equipment. The Contractor shall notify the City’s Representative in all such cases in order to arrive at a mutually satisfactory schedule.” “Contractor’s construction schedule shall be in a form provided for in the Specifications. Contractor shall continuously update its construction schedule. Contractor shall submit an updated and accurate construction schedule to the Owner whenever specifically requested to do so by Owner and with each periodic payment request. Failure to submit an updated and accurate construction schedule shall render Contractor in breach of the Contract and shall entitle Owner to withhold money therefor.” 6-3 SUSPENSION OF WORK. 6-3.1 General. The provisions of Section 6-3.1 of the Standard Specifications shall be amended to add the following at the end of that Section: “The situations which will be deemed to be in the City’s interest to suspend the Work shall include, but shall not be limited to, the following: (1) unsuitable weather or such other conditions that render the proper prosecution of the Work impracticable or inefficient; or (2) when the Contractor or his workmen fail or refuse to carry out orders or to perform any or all of the requirements of the Contract; (3) when the Contractor fails or refuses to supply an adequate working force for any reason whatsoever (including, but not limited to, strikes, GENERAL PROVISIONS -20 labor unrest or labor shortages of any kind); (4) when the Contractor fails or refuses to begin delivery of any materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to, transportation problems, strikes, labor unrest or labor shortages of any kind); (5) when the Contractor fails or refuses to commence Work within the time specified for any reason whatsoever (including, but not limited to, transportation problems, labor strikes, labor unrest or labor shortages of any kind); (6) when the Contractor fails or refuses to maintain an adequate rate of delivery of materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to transportation problems, strikes, labor unrest or labor shortages of any kind); (7) when the Contractor fails or refuses to execute the Work in a manner and at such locations as specified in the Contract Documents; (8) when the Contractor fails or refuses to maintain maintain a Work program which will insure the Agency’s interest; (9) when the Contractor fails or refuses to carry out the intent of the Contract; or (10) when the Contractor fails or refuses in any other respect to prosecute the Work with the diligence, speed or force specified or intended by the terms of the Contract. The Contractor shall immediately comply with any written order from the City’s Representative and shall not resume operations until so ordered in writing.” 6-4 DEFAULT BY CONTRACTOR. The first, second and third full paragraphs of Section 6-4 of the Standard Specifications shall be amended to read as follows: “If the Contractor should be in violation of the Contract, then the City may, without prejudice to any other right or remedy and after giving notice as specified herein, terminate the Contract and take all actions provided for herein and elsewhere in the Contract Documents. By way of example and not as a limitation upon its right to terminate the Contract as provided herein, the City may may terminate the Contract if, in its sole opinion, the Contractor fails or refuses to: (1) begin delivery of any materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to transportation problems, strikes, labor unrest or labor shortages of any kind); (2) commence Work within the time specified for any reason whatsoever (including, but not limited to, transportation problems, labor strikes, labor unrest or labor shortages of any kind); (3) maintain an adequate rate of delivery of materials, manufactured articles, supplies or equipment for any reason whatsoever (including, but not limited to, transportation problems, strikes, labor unrest or labor shortages of any kind); (4) execute the Work in a manner and at such locations as specified in the Contract Documents; (5) maintain a Work program which will insure the Agency’s interest; (6) carry out the intent of the Contract; (7) supply an adequate working force for any reason whatsoever (including, but not not limited to, strikes, labor unrest, labor shortages of any kind), or (8) in any other respect prosecute the Work with the diligence, speed or force specified or intended by the terms of the Contact.” “If the City determines that sufficient grounds exist to terminate the Contract as provided herein, the City’s Representative shall provide written notice to the Contractor and its surety on its performance bond. If the Contractor or its surety does not fully comply with such notice within five (5) days after receiving it, or fails to continue after starting to comply GENERAL PROVISIONS -21 in good faith, the City may exclude the Contractor and its employees and Subcontractors from the Work, or any portion thereof, and take possession of and use, or cause to be used, all materials, tools and equipment of every description as may be found at the place of such Work. Thereupon, the Contractor and its employees and Subcontractors shall discontinue such Work or such part thereof as the City may designate, and the City may thereupon, by Contract or otherwise, as it may determine, complete the Work or any part thereof. All expenses charged under this paragraph shall be deducted and paid for by the City out of any moneys then due or to become due the Contractor under the Contract. In such accounting, the City shall not be held to obtain the lowest figure for the Work for completing the Contract, or any part thereof, or for insuring its proper completion, but all sums paid therefore shall be charged to the Contractor. In case the expenses so charged are less than a sum which would have been payable under the Contract if the same had been completed by the Contractor, the Contractor shall be entitled to receive the difference. In case such expense shall exceed the amount payable under the Contract, then the Contractor shall pay the amount of the excess to the City upon completion of the Work without further demand being made therefore. In the determination of the question as to whether or not there has been any such noncompliance with the Contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the Contract.” 6-8 COMPLETION AND ACCEPTANCE. Section 6-8 of the Standard Specifications shall be amended in its entirety as follows: “The Work will be inspected for acceptance by the City’s Representative upon receipt of the Contractor’s written assertion that the Work has been completed. If, in the sole discretion of the City’s Representative, the Work has been completed and is ready for acceptance, the City’s Representative will notify the City Clerk that the Contract has been completed in its entirety. The City’s Representative shall request that the City accept the Work and that the City Clerk be authorized to file on behalf of the City in the office of the Los Angeles County Recorder, a Notice of Completion of the Work. The date of completion shall be the date the Contractor is relieved from responsibility to protect the Work.” “The Contractor hereby guarantees that the entire Work constructed by him under the Contract will meet fully all requirements as to quality of workmanship and materials. The Contractor hereby agrees to make, at his own expense, any repairs or replacements made necessary by defects in materials or workmanship that become evident within one (1) year after the date of the final payment, and to restore to full compliance with the requirements of these Contract Documents, including any test requirements set forth herein for any part of the Work constructed hereunder, which during said one (1) year period is found to be deficient with respect to any provisions of the Contract Documents. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for the same from the City’s Representative. If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his sureties shall be liable to the City for the cost thereof.” GENERAL PROVISIONS -22 “The guarantees and agreements set forth herein shall be secured by a surety bond which shall be delivered by the Contractor to the City before the Notice of Completion and acceptance of the Work by the City. Said bond shall be in the form approved by the City Attorney and executed by a surety company or companies satisfactory to the City in the amount of One Hundred Percent (100%) of the Contract. Said bond shall remain in force for a period of one (1) year after the date of Notice of Completion and acceptance. Alternatively, the Contractor may provide for the Faithful Performance Bond furnished under the Contract to remain in force and effect for said amount until the expiration of said one (1) year period.” “The parties agree that no certificate given, with the exception of the certificate of final payment, shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective defective work or improper materials. Further, the certificate of final payment shall not terminate the Contractor's obligations under his warranty herein above. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance with any alterations of the same, shall release the City, the City Council and its officials, officers and employees from any and all claims or liability on account of work performed under the Contract or any alteration thereof.” GENERAL PROVISIONS -23 6-9 LIQUIDATED DAMAGES. Section 6-9 of the Standard Specifications shall be amended in its entirety to read as follows: “Contractor agrees that if the Work is not completed within the Contract Time and/or pursuant to any completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the District will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the District as fixed and liquidated damages the sum specified in the Contract form for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract. Liquidated damages may be deducted from any payments or other funds owing to Contractor, including progress payments, the final payment and retentions.” 6-11 TIMES OF OPERATION Section 6-11 shall be added to the Standard Specifications to read as as follows: “It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no work allowed on Owner-observed holidays, unless otherwise approved by the Engineer: 1. Powered Vehicles 2. Construction Equipment 3. Loading and Unloading Vehicles 4. Domestic Power Tools” -END OF SECTION - GENERAL PROVISIONS -24 SECTION 7 RESPONSIBILITIES OF THE CONTRACTOR 7-2 LABOR. 7-2.2 Laws. The provisions of Section 7-2.2 of the Standard Specifications shall be amended in their entirety as follows: “The Contractor, its agents and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State and local laws related to labor. Notwithstanding anything to the contrary contained in the Contract Documents, Contractor shall comply with the following:” “7-2.2.1 Social Security Requirements. Contractor shall furnish to the City satisfactory evidence that he and all of his Subcontractors are complying with all laws, rules and regulations with respect to Social Security . The Contractor, at any time upon request, shall satisfy the City that all necessary Social Security and other taxes are being properly reported and paid.” “7-2.2.3 Eight Hour Work Day. Contractor and all Subcontractors shall be required to comply with the provisions of California Labor Code Section 1810 et seq. According to those sections, eight (8) hours of labor shall constitute a legal day's work. 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 or forty (40) hours in any one (1) calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.” “7-2.2.4 Licensing Requirements. Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300 of the Public Contract Code, all bidders must possess proper licenses for performance of this Contract. Contractors shall meet the California Contractor’s license requirements set forth in the Notice Inviting Bids. Subcontractors must possess the appropriate licenses for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and Professions Code, the City shall consider any bid 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 Bid. The City shall have the right to request, and the Bidders shall provide within five (5) Calendar Days, evidence satisfactory to the City of all valid license(s) currently held by that Bidder and each of the Bidder’s subcontractors, before awarding the Contract.” GENERAL PROVISIONS -25 “7-2.2.5 Non-Discrimination. Contractor shall not discriminate in the employment of persons upon the Contract because of the race, creed, color, national origin, ancestry, non-disqualifying disability, age, medical condition, marital status, sex or other classifications of such persons protected by federal, state and local laws, rules and regulations. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Contractor shall cause an identical clause to be included in every subcontract for the contract work.” “7-2.2.6 Travel and Subsistence Payments. As required by Section 1773.8 of the California Labor Code, the Contractor shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with law. To establish such travel and subsistence payments, the representative of any craft, classification, or type of worker needed to execute the Contract shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within 10 days after their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for Bids.” 7-3 PERMITS. Section 7-5 of the Standard Specifications shall be amended in its entirety to read as follows: “Unless indicated to the contrary in the Contract Documents, including the Special Provisions, Contractor shall procure all permits and licenses (including a City business license), pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work.” 7-8 PROJECT SITE MAINTENANCE. 7-8.2 Air Pollution Control. The provisions of Section 7-8.2 of the Standard Specifications shall be amended to add the following at the end of that Section: “In addition, Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes. 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.” 7-8.6 Water Pollution Control. The provisions of Section 7-8.6 of the Standard Specifications shall be amended to add the following at the end of that Section: “In addition, Contractor shall comply with the provisions of the Federal Clean Water Act as regulated by the U.S. Environmental Protection Agency in 40 Code of Federal Regulations Parts 122-124, the Porter-Cologne Act (California Water Code) and the Waste GENERAL PROVISIONS -26 Discharge Requirements for Municipal Storm Water Discharges within the County of Los Angeles. Suitable Best Management Practices (BMPs) are listed in the California Storm Water Best Management Practices Handbook for Construction Activities.” WATER POLLUTION CONTROL A. Water Quality Protection Requirements For Construction Projects With Less than 1-Acre Of Disturbed Soil All construction projects, regardless of size, will be required to implement best management practices (BMPs) necessary to reduce pollutants to the Maximum Extent Practicable (MEP) to meet the minimum water quality protection requirements as defined in Table 2-1. Please refer to the California Stormwater Quality Association’s Construction Handbook available for free on their website (www.cabmphandbooks.com – Table 2-1 Minimum Water Quality Protection Requirements for Construction Projects Category Minimum Requirements BMPs 1. Sediment Control Sediments generated on the project site shall be retained using adequate Treatment Control or Structural BMPs. Sediment Control 2. Constructi on Materials Control Construction-relate d materials, wastes, spills or residues shall be retained at the project site to avoid discharge to streets, drainage facilities, receiving waters, or adjacent properties by wind or runoff. Non-storm water runoff from equipment and vehicle washing and any other activity shall be contained at the project sites. Site Management; Material and Waste Management 3. Erosion Control Erosion from slopes and channels shall be controlled by implementing an effective combination of BMPs, such as the limiting of grading scheduled during the wet season; inspecting graded areas during rain events; planting and maintenance of vegetation on slopes; and covering erosion susceptible slopes. Erosion Control GENERAL PROVISIONS -27 Construction Handbook) for further information regarding the BMPs listed in Table 2-1. B. Water Quality Protection Requirements For Construction Projects With 1-Acre (or greater) Of Disturbed Soil In addition to the minimum BMPs required in Section A, a Storm Water Pollution Prevention Plan (SWPPP) must be submitted to the City for all construction projects where at least 1-Acre of soil will be disturbed. The SWPPP will include strategies for reducing runoff of pollutants and minimize environmental impacts to receiving waters. A SWPPP may also be required for projects smaller than 1-Acre if the City designates the project a threat to water quality objectives. In addition, the contractor must contact the Los Angeles Regional Water Quality Control Board (LARWQCB) if the project will disturb 1-Acre or more of soil. Construction activities can not begin until a Waste discharger Identification (WDID) Number is issued by the State Water Board. The 1-Acre threshold includes the total amount of land disturbance. For example, if four streets, each 1/4-acre in size in different parts of the City are to be reconstructed then a WDID Number must be obtained. To request a Notice of Intent (NOI) you must contact the Regional Board at: Los Angeles Regional Water Quality Control Board 320 W. 4th. Street, Suite 200 Los Angeles, California 90013 Phone: (213) 576-6600; Fax: (213) 576-6640 Internet Address: http://www.swrcb.ca.gov/~rwqcb4 The SWPPP shall include: The grading permit number for the project (where applicable) A list of best management practices to be used to control pollutant discharges GENERAL PROVISIONS -28 from major construction materials, wastes, and activities; A site plan (construction plans may be used) indicating the selection of BMPs and their location where appropriate; Non-storm water discharges, their locations, and the BMPs necessary to prevent the discharge; A maintenance and self-inspection schedule of the BMPs to determine the effectiveness and necessary repairs of the BMPs; and A certification statement that all required and selected BMPs will be effectively implemented. Within 7 days after the City has certified the contract, the Contractor shall submit two (2) copies of the proposed SWPPP to the City. The City shall review the SWPPP within 14 days of receipt of the plan. If revisions are required, the Contractor shall revise and re-submit the document within 7 days of their receipt of the City’s comments. The City shall then have 7 days to consider the revisions made by the Contractor and approve the SWPPP. The Contractor shall maintain a minimum of two readily accessible copies of the SWPPP at the project site. The SWPPP shall be made available upon request of a representative of the Regional Water Quality Control Board (RWQCB), or the U.S. Environmental Protection Agency (U.S. EPA). Requests by environmental groups and the public shall be directed to the City. C. Best Management Practices The objective of the SWPPP is to identify potential sources of pollution that may reasonably affect the quality of storm water discharge associated with construction activities. The plan will describe and ensure the implementation of Best Management Practices (BMPs) which will be used to reduce pollutants in the storm water discharges from the construction site. A Best Management Practice is defined as any program, technology, process, operating method, measure, or device that controls, prevents, removes, or reduces pollution. The Contractor shall select appropriate BMPs from the California Stormwater BMP Handbook, Municipal, Industrial, New Development, and Construction Volumes (www.cabmphandbooks.com) in conjunction with all activities and construction operations: GENERAL PROVISIONS -29 1. Construction Practices (NS2, NS3, NS4, and NS6) 2. Material and Waste Management (WM01, WM02, and WM04) 3. Vehicle and Equipment Management (NS8, NS9, and NS10) 4. Physical Stabilization (EC7, EC12, NS4, TC1, and TC2) 5. Sediment Control Practices (SE1, SE9, SE8, SE10, SE3, and SE2) Copies of the California Stormwater BMP Handbooks may be obtained from: California Stormwater Quality Association Los Angeles County DPW P.O. Box 2313 Cashier’s Office Livermore, CA 94551 900 South Fremont Avenue www.cabmphandbooks.com Alhambra, CA 91803 Tel. No. (626) 458-6959 D. Implementation The Contractor will be responsible throughout the duration of the project for the installation, monitoring, inspection and maintenance of the BMPs included in the SWPPP and for removing and disposing of temporary BMPs. The Contractor may be required to implement additional BMPs as a result of changes in actual field conditions, contractor’s activities, or construction operations. The Contractor shall demonstrate demonstrate the ability and preparedness to fully deploy these SWPPP control measures to protect soil-disturbed areas of the project site before the onset of precipitation and shall maintain a detailed plan for the mobilization of sufficient labor and equipment to fully deploy these control measures. Throughout the winter season, active soil-disturbed areas of the project site shall be fully protected at the end of each day with these control measures unless fair weather is predicted through the following day. The Contractor shall monitor daily weather forecasts. If precipitation is predicted prior to the end of the following workday, construction scheduling shall be modified, as required, and the Contractor shall deploy functioning control measures prior to the onset of the precipitation. The City may order the suspension of construction operations which are creating water pollution if the Contractor fails to conform to the requirements of this section, “Water Pollution Control”. Unless otherwise directed by the City, the Contractor’s GENERAL PROVISIONS -30 responsibility for SWPPP implementation shall continue throughout any temporary suspension of work. E. Sewage Spill Prevention The Contractor’s attention is directed to the sewer bypass operation required during any sewer construction (Standard Specification for Public Works Construction Section 500.1.2.4). The Contractor shall exercise extraordinary care to prevent the cause of events that may lead to a sewage spill. In the event of a sewage spill, the Contractor shall make arrangements for an emergency response unit comprised of emergency response equipment and trained personnel to be immediately dispatched to the project site. The Contractor shall be fully responsible for preventing and containing sewage spills as well as recovering and properly disposing of raw sewage. In addition, the Contractor is responsible for any fines, penalties and liabilities arising from negligently causing a sewage spill. Any utility that is damaged by the contractor shall be immediately repaired at the the Contractor’s expense. The Contractor shall take all measures necessary to prevent further damage or service interruption and to contain and clean up the sewage spills. F. Sewage Spill Telephone Notification Should a sewage spill occur, the Contractor shall immediately report the incident to the following two (2) City Departments: Public Works/Engineering (626) 569-2150 Public Safety Department (626) 569-2292 The Contractor is encouraged to obtain telephone numbers, pager numbers and cellular telephone numbers of City representatives such as Project Managers and Inspectors, to be reached during emergency and off-hours. The City will notify the following: Los Angeles County Department of Health Services (213) 974-1234 Los Angeles County Department of Public Works (800) 303-0003 Regional Water Quality Control Board (213) 576-6665 or 6600 State Office of Emergency Services (800) 852-7550 (For any significant volume of material that entered the storm drain or receiving water) GENERAL PROVISIONS -31 G. Sewage Spill Written Notification The Contractor shall prepare and submit a written report within three (3) working days from the occurrence of a spill to the City, (Attention: Project Manager). This report shall describe the following information related to the spill: 1. The exact location on the Thomas Guide map 2. The nature and volume 3. The date, time and duration 4. The cause 5. The type of remedial and/or cleanup measures taken and date and time implemented 6. The corrective and preventive action taken, and 7. The water body impacted and results of necessary monitoring H. Enforcement The City, as a permittee, is subject to enforcement actions by the LARWQCB, U.S. EPA, environmental groups and private citizens. The Contractor shall be responsible for all costs and liabilities imposed by law as result of the Contractor’s failure to comply and/or fulfill the requirements set forth in Section 7.09 -“Water Pollution Control”. The costs and liabilities include, but are not limited limited to fines, penalties and damages whether assessed against the City or the Contractor. In addition to any remedy authorized by law, any money due to the Contractor under this contract shall be retained by the City until all costs and liabilities imposed by law against the City or Contractor have been satisfied. I. Maintenance The Contractor shall ensure the proper implementation and functioning of BMP control measures and shall regularly inspect and maintain the construction site for the BMPs identified in the SWPPP. The Contractor shall identify corrective actions and time frames in order to properly address any damaged measure, or reinitiate any BMPs that have been discontinued. If the City identifies a deficiency in the deployment or functioning of identified control measures, the deficiency shall be corrected by the Contractor immediately or by a later date and time if requested in writing, but not later than the onset of the subsequent precipitation events. The correction of deficiencies shall be be at no additional cost to the City. J. Payment All costs involved in the implementation of the SWPPP, including furnishing all labor, materials, tools, equipment and all incidentals; and for doing all the work involved in installing, constructing, maintaining, removing, and disposing of control measures, except those that were installed as a part of another structure, shall be included in the unit prices bid for the various related items of work and no additional compensation will be made therefore. GENERAL PROVISIONS -32 7-8.8 Sound and Vibration Control Requirements. Section 7-8.8 shall be added to the Standard Specifications to read as follows: “The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.” 7-10 PUBLIC CONVENIENCE AND SAFETY. 7-10.4 Safety. 7-10.4.1 Safety Orders. Section 7-10.4.1 shall be amended to add the following to the beginning of the first full full paragraph: “In accordance with generally accepted construction practices, the Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property in performance of the Work. This requirement shall apply continuously and shall not be limited to normal working hours. The Contractor's duty to preserve safety shall include, but shall not be limited to, the erection and maintenance of temporary fences, bridges, railings and barriers; the placement of guards; maintenance and operation of sufficient lights and signals; and all other precautions necessary to maintain safety in the vicinity of the Work. Any duty on the part of the City’s Representative or other City employee or agent to give general engineering supervision of the Contractor's performance is not intended to include the review of the adequacy of the Contractor's safety measures. Nothing herein shall relieve Contractor of his sole and complete responsibility for safety conditions on the Site.” Section 7-10.4.1 shall be amended also to add the following to the beginning of the second full paragraph: “Pursuant to Labor Code Section 6705, if the Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the Labor Code, including Section 6705, regarding sheeting, shoring and bracing.” 7-10.4.3 Special Hazardous Substances and Processes. Section 7-10.4.3 shall be amended to add the following to the end of that Section: “As required by Public Contract Code Section 7104, if this Contract involves digging GENERAL PROVISIONS -33 trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.” 7-11 PATENT FEES OR ROYALTIES. Section 7-11 of the Standard Specifications shall be amended in its entirety to read as follows: “The Contractor shall include in its bid amount the patent fees or royalties on any patented article or process furnished or used in the Work. Contractor shall assume all liability and responsibility arising from the use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with the work, and shall defend, indemnify and hold harmless the City, its officials, officers, agents and employees from and against any and all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use.” . 7-13 LAWS TO BE OBSERVED. Section 7-13 of the Standard Specifications shall be revised in its entirety to read as follows: “The Contractor shall keep itself fully informed of all existing and future State, Federal and local laws, rules and regulations, which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. The Contractor shall at all times observe and comply with all such existing and future laws, rules, ordinances, regulations, orders, and decrees of bodies or tribunals having any or all authority over the Work, and shall defend, indemnify and hold harmless, at least to the extent of the indemnification provisions of this Agreement, the Owner and its officials, officers, employees, volunteers and agents, including, but not limited to, the Director of Public Works and the Owner Engineer, against any claim or liability arising from, or based on, the violation or alleged violation of any such law, rule, ordinance, regulation, order, or decree, whether by itself or its employees. The Contractor shall particularly observe all laws, rules and regulations relating to the obstruction of streets or the conduct of the Work, keeping open passageways and protecting the same where they are exposed or dangerous to traffic. The Contractor shall at all times comply with such laws, rules and regulations. If any discrepancy or inconsistency is discovered in the Plans, Drawings, Special Provisions, or Contract for the GENERAL PROVISIONS -34 Work in relation to any such law, rule, ordinance, regulation, order, or decree, the Contractor shall forthwith report the same to the Engineer in writing.” 7-15 INDEMNIFICATION. Section 7-15 shall be added to the Standard Specifications as follows: “Contractor shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, expense and risk, with Counsel of City’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, employees, volunteers or agents. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, employees, volunteers or agents, in any such suit, action or other legal proceeding. Contractor shall reimburse City, its officials, officers, employees, volunteers or agents 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.” 7-16 CONCRETE FORMS, FALSEWORK AND SHORING. Section 7-16 shall be added to the Standard Specifications as follows: “Contractor shall comply fully with the requirements of Section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework, and shoring, and the inspection of same prior to the placement of concrete. Where Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to the placement of concrete, Contractor shall employ a registered civil engineer for these purposes, and all costs therefor shall be included in the Bid item price named in the Contract for completion of the Work as set forth in the Contract Documents.” -END OF SECTION - GENERAL PROVISIONS -35 SECTION 9 MEASUREMENT AND PAYMENT 9-2 LUMP SUM WORK. Section 9-2 of the Standard Specifications shall be amended to add the following at the end of that Section: “On lump sum contracts, the Contractor shall submit, for approval by the Engineer, a Schedule of Values, or lump sum price breakdown, which will serve as the basis for progress payments and which shall be incorporated into a form of Application for Payment acceptable to the Engineer. Such Schedule of Values shall be submitted for approval at the Pre-construction Conference and must meet the approval of the Engineer before any payments can be made to the Contractor.” 9-3 PAYMENT. 9-3.1 Payment. The last paragraph of Section 9-3.1 of the Standard Specifications shall be deleted and replaced with the following two paragraphs: “Contractor shall submit, with each of its billing invoices, a corrected list of quantities, verified by the Engineer, for unit price items listed in the Bid Schedule. Following the City’s acceptance of the the Work as fully complete, the Contractor shall submit to the City for approval a written statement of the final quantities of Contract items for inclusion in the final invoice. Upon receipt of such statement, the City’s Representative shall check the quantities included therein and shall authorize the Contractor to submit an invoice which, in the City Representative’s opinion, shall be just and fair, covering the amount and value of the total amount of Work done by the Contractor, less previous payments, applicable withholdings and retentions.” “All retention proceeds shall be released and paid in strict accordance with Public Contract Section 7107.” Section 9-3.1 of the Standard Specifications shall be amended to also add the following at the end of that Section: “Payment for the various items on the Contract Bid Forms, as further specified in the Contract, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all all labor, operations, and incidentals appurtenant to the items of Work being described, as necessary to complete the various items of Work, all in accordance with the provisions for Measurement and Payment in the Standard Specifications and these General Conditions, and as shown on the Drawings, including all appurtenances thereto. Compensation shall include all costs of compliance with the regulations of public agencies having jurisdiction over the Work, including the Safety and Health Requirements of the California Division of Industrial Safety and the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA).” GENERAL PROVISIONS -36 “No separate payment will be made for any item that is not specifically set forth in the Contract Bid Forms, and all costs therefor shall be included in the prices named in the Contract Bid Forms for the various appurtenant items of work.” 9-3.2 Partial and Final Payments. Section 9-3.2 of the Standard Specifications shall be amended to add the following at the end of that Section: “For purposes of this Section, the monthly payment date shall be the last calendar day of each month. In order for the City to consider and prepare for each monthly payment, 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. The City shall review and make payment on all approved charges within the time required by Public Contract Code Sections 20104.5 et seq.” “Acceptance of any progress payment accompanying any estimate without written protest shall be an acknowledgment by the Contractor that the number of accumulated contract days shown on the associated statement of working days is correct. Progress payments made by the Owner to the Contractor or its sureties after the completion date of the Contract shall not constitute a waiver of liquidated damages.” “Subject to the provisions of Section 22300 of the California Public Contract Code, a 10 percent retention will be withheld from each payment. All invoices and detailed pay requests shall be approved by the Engineer before submittal to the Owner for payment. All billings shall be directed to the Engineer.” “Pursuant to Section 22300 of the California Public Contract Code, In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.” “The Contractor shall submit with each invoice the Contractor’s conditional waiver of lien for the entire amount covered by such invoice, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section 3262. Prior to final payment by the Owner, the Contractor shall submit a final waiver of lien for the Contractor’s work, together with releases of lien from any subcontractor or materialmen.” -END OF SECTION GENERAL PROVISIONS -37 SUPPLEMENTARY GCs-1 SUPPLEMENTARY GENERAL CONDITIONS 10-1 GENERAL 10-1.1 Description of Work 10-1.2 Quantities -The estimate of quantities of work is approximate only, being given as basis for the compilation of bids, and the City of Rosemead does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the Engineer. In such case the contract unit price shall prevail subject to the requirements of Subsection 3-2.2.1 of the Standard Specifications. All work incidental to this project, as described on the drawings and/or this specification shall be considered as included within the scope of the work. The bid prices submitted by the contractor shall include the cost of said incidentals, even though such incidentals are not specifically mentioned in the preceding description of work to be done or in the proposal form. 10-1.3 Equals -Whenever the names of specific products are designated in the details appearing on the drawings or in the specifications, the intent is to state the general type and quality of the products desired, without the intention of ruling out the use of other products of equal type and quality. If the successful contractor wishes to make substitutions of the products specified, he must make an application in writing to the Engineer prior to the acceptance and installation into the project with a complete description of the alternate products and a statement with regard to the saving to the owner, if any, in case the substitution would be permitted. The Engineer will have the right to make the final decision in these cases and to insist on use of particular brands of products shown on the drawings or in the specifications, if, in his opinion, such brands will be preferable to the Engineer, in lieu of the requested substitutions. 10-1.4 Installation of Equipment -All materials and workmanship shall be in accordance with the manufacturer’s specifications and instructions. SUPPLEMENTARY GCs-2 10-2 PROSECUTION, PROGRESS, AND ACCEPTANCE OF WORK Prosecution, progress, and acceptance of work shall conform to Section 6 of the Standard Specifications with the following special conditions: a. Beginning and Completion of Work: The contract time allowed for completion of the project is THIRTY (30) calendar days. Work on this project shall commence no later than ten (10) days from the date of Notice to Proceed. b. The contractor shall submit to the Engineer a time schedule of work for the various sequences of the major operations. Said schedule shall be submitted at least 5 working days prior to the beginning of work and shall be subject to the approval of the Engineer. c. The Pre-School shall remain operational during the course of construction. Exiting & life safety systems must be maintained during the Pres-School’s hours of operation as listed below. Rosemead Pre-School Hours of Operation Monday through Friday: 8:30 a.m. to 3:30 p.m. Note: Pre-School closed from March 17 to April 1, 2012. d. Working hours on this project shall be limited to 7:00 a.m. to 5:00 p.m. with no work on Saturdays, Sundays, Holidays, and Fridays in which City Hall is closed, except when authorized by the Director of Public Works or City Engineer. Exception: Any utility interruptions to the Pre-School area (e.g. electrical, HVAC) must be done when the pre-school is not in operation. See above for Pre-School operating hours. e. Inspection: The City shall provide inspection for an 8-hour day for normal working days. The City will deduct from the contractor’s invoice an amount equal to $65 per hour for inspection in excess of the foregoing, including legal holidays, City Hall closed Fridays, and weekends. f. Weight master certificates are source documents and it is the contractor’s responsibility to collect the material tickets from the drivers at the delivery point, sign and date them and submit to the City Inspector. g. Contractor shall notify all property owners within the project limits of all activities; written notification shall be delivered to properties at least fortyeight (48) hours in advance of any activity. SUPPLEMENTARY GCs-3 h. The contractor and all subcontractors shall attend a pre-construction meeting at the time, date, and place determined by the City. 10-3 STANDARD SPECIFICATIONS The work embraced herein shall be done in accordance with the "Standard Specifications for Public Works Construction (Greenbook)," latest edition, including all supplements, and applicable provisions of Caltrans Standard Specifications, latest edition. In case of conflict between the Standard Specifications and the Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. 10-4 CONSTRUCTION YARD It shall be the contractor's responsibility to locate any storage sites for materials and equipment needed, and such sites must be approved in advance by the City Engineer. When storage sites are located on private properties, the contractor shall be required to submit to the City Engineer written approval from the record owner authorizing the use of his property by the contractor, and contractor shall bear all the cost involved, and provide necessary insurance requirements. If contractor chose one of the City owned. The contractor accepts sole liability for the yard during the time, which it is occupied. The contractor agrees to indemnify and hold harmless the City and ARA during the period which the contractor occupies the site. The yard shall be fenced with City-approved temporary chain link fence and gate(s). The yard shall be secured at all times. The Contractor shall be responsible for required utilities, if available. The Contractor shall store all materials in a manner, which complies with manufacturer's recommendations and/or legal requirements. The yard shall be maintained in a manner consistent with surrounding properties. After the project is constructed, the Contractor shall move off of the yard and return the yard to a condition similar to before he moved on the yard. In order to assure these requirements are met, the Contractor shall have an independently prepared environmental report prepared prior to Contractor mobilization and after final cleanup. Contractor and all subcontractors shall not be permitted to place any signage or advertising signs on the site unless city's written approval is obtained. SUPPLEMENTARY GCs-4 10-5 UTILITIES The contractor will obtain the locations of underground facilities from the utility companies at least twenty-four (24) hours prior to commencing construction in such areas. At all time the contractor shall be responsible for the protection of such facilities and shall be held liable for damage to utilities during construction. The contractor is responsible to call Underground Service Alert at (800) 422-4133 at least 72 hours prior to commencing any work. 10-6 CONSTRUCTION WATER It shall be the responsibility of the contractor to furnish an adequate supply of water for construction use. 10-7 AIR AND WATER POLLUTION The Contractor shall be required to conform to all current regulations of the South Coast Air Quality Management District. The Contractor shall also conform to Section 402(p) of the 1972 Clean Water Act which establishes a framework for the regulation of municipal, industrial and construction stormwater discharges under the National Pollutant Discharge Elimination System (NPDES) program. 10-8 HAZARDOUS MATERIAL NOTIFICATION A material Safety Data Sheet (MSDS) is required by the City of Rosemead for all hazardous materials which are brought on site by the Contractor. A MSDS is required for any product which may contain hazardous materials. The contractor must alert the City Engineer of the quantity and type of hazardous material which will be brought on site. The MSDS sheets must be submitted to the City Engineer at least two (2) business days prior to starting work. The City Engineer may require the City Safety Officer or his designee to review the MSDS for approval of use. The contractor shall be responsible for notifying Underground Service Alert (800) 422-4133 and all utility companies having substructures within the limits of the job. This shall be done at least 72 hours prior to commencing construction. 10-9 PUBLIC CONVENIENCE AND SAFETY The contractor shall conduct his operations to comply with the provisions of section 7-10 of the Standard Specifications. Traffic Control shall comply with the Work Area Traffic Control Handbook of the American Public Works Association (WATCH Manual), latest edition. SUPPLEMENTARY GCs-5 10-10 PAYMENT Payment shall be made in accordance with Section 9 of the Standard Specifications. Payment will be made at the lump sum prices or unit prices as stipulated in the Bid Proposal and will include full compensation for furnishing all labor materials, tools and equipment and doing all the work involved in completion of the bid items. 10% retention will be paid 35 days after City Council's acceptance. 10-12 CLEAN-UP Upon completion of the work and before the final estimate is submitted, the Contractor shall, at his own expense, remove from the vicinity of the work all plant, buildings, rubbish, unused materials, concrete forms and other materials or equipment belonging to or used by him or any subcontractor on the work. In the event of failure to so remove, the same may be removed and disposed of by the City at the Contractor's expense. 10-13 GUARANTEE The contractor hereby guarantees for a period of one year that the entire work constructed by him under this contract will meet fully all requirements thereof as to quality of workmanship and of materials furnished by him. The contractor hereby agrees to make at his own expense any repairs or replacements made necessary by defects in materials or workmanship supplied by him that becomes evident within the time specified after filing of the Notice of Completion of the work by the Engineer, and to restore to full compliance with the requirements of these specifications, including the test requirements set forth herein for any part of the work constructed hereunder, which during said period is found to be deficient with respect to any provision of the specifications. The contractor also agrees to defend, indemnify and hold the Owner, its officers and employees, harmless from claims of any kind arising from damage due to said defects. The contractor shall make all repairs and replacements promptly upon receipt of written orders for same from the Engineer. If the contractor fails to make the repairs and replacements promptly, the owner may may doe the work and the contractor and his surety shall be liable to the owner for the cost thereof. Upon termination of the Contractor's guarantee any manufacturers' guarantees held by him shall be delivered to the owner. The guarantees and agreements set forth in Subsection (a) hereof shall be secured by a surety bond which shall be delivered by the Contractor to the SUPPLEMENTARY GCs-6 Owner before the notice of completion shall be filed by the Development Services Director. Said bond shall be in an approved form and executed by a surety company or companies satisfactory to the owner, in the amount of ten percent (10%) of the contract price. Said bond shall remain in force for a period of one year from the date of filing of the Notice of Completion. Instead of providing a surety bond, the contractor may, at his option, provide for the Faithful Performance Bond furnished under the contract to remain in force for said amount until the expiration of the required period. 10-14 SANITATION All portions of the work shall be maintained at all times in sanitary condition. The contractor shall provide adequate toilet facilities for all workmen and representatives of the owner employed on the work. Such facilities shall be subject to the acceptance of the owner as to location and type. The contractor shall maintain the same in sanitary condition from the beginning of the work until completion and then shall remove the facilities and disinfect the premises if necessary. The contractor shall be responsible for alleviating all dust and nuisance conditions occasioned by his work. Each day, at the completion of the day's work, the entire trench area and adjacent streets shall be swept and cleaned to the satisfaction of the City Engineer or his appointed representative. The contractor shall cover all storm drain catch basins during excavation and sweeping operations to prevent excavated materials from entering the catch basins. CITY OF ROSEMEAD ROSEMEAD COMMUNITY RECREATION CENTER ROOF REPLACEMENT PROJECT PROJECT NO. (31002) “PART C” CONSTRUCTION DOCUMENTS CONSTRUCTION DOCUMENTS 1) DRAWINGS G000 TITLE SHEET A101 ROOF DEMOLITION PLAN A102 PHOTOS OF EXISTING CONDITIONS A103 ROOF PLAN A201 DETAILS A202 DETAILS ALT-101 ALTERNATE-1 ROOF DEMOLITION PLAN ALT-102 ALTERNATE-1 PHOTOS OF EXISTING CONDITIONS ALT-103 ALTERNATE-1 ROOF PLAN ALT-201 ALTERNATE-1 DETAILS ALT-202 ALTERNATE-1 DETAILS 2) TECHNICAL SPECIFICATIONS (DIVISION 01 THROUGH DIVISION 16) ROOF REPLACEMENT PROJECT SINGLE PLY PVC (MECHANICALLY-ATTACHED) ROSEMEAD COMMUNITY RECREATION CENTER 07546-1 SECTION 07546 SINGLE PLY PVC (MECHANICALLY – ATTACHED) PART 1 GENERAL 1.1 SUMMARY A. Furnish and install single ply mechanically attached PVC roofing membrane with flashings and other components to comprise a roofing system. Entire system will be mechanically fastened. No adhesives will be permitted in the primary membranes system. B. The project requirements are to use an Energy-Star compliant, high-reflectance roof (initial reflectance of at least 0.65 and 3 year aged reflectance of at least 0.55, when tested in accordance with ASTM E903 and emissivity of at least 0.9 when tested in accordance with ASTM 408) for a minimum of 75% of the roof surface. C. Related Work: The work includes but is not necessarily limited to the installation of: 1. Remove Obsolete Roof Top Equipment/Vents/Sleepers 2. Tear off existing roofing to plywood deck 3. Tear off all primary metal flashings retaining identified flashings 4. Prepare all penetrations to receive new roofing 5. Inspect deck for deterioration and replace as required 6. Install tapered insulation and crickets as required 7. Raise all existing curbs under 6 inches to a minimum of 8 inches above the new finished roof level 8. ¼” Approved Cover Board 9. #12 Fasteners and Plates for Cover Board 10. Roof Membrane 11. Fasteners for membrane attachment 12. Edge Metal and fasteners 13. Roof Membrane Flashings 14. Adhesive for Flashings 15. Walkways 16. Other Metal Flashings 17. Sealants D. Related Sections: 1. 07600 Sheet Metal Flashing and Trim 2. 06100 Miscellaneous Rough Carpentry 3. 02050 Demolition 1.2 QUALITY ASSURANCE A. The roofing system shall be applied only by a Contractor authorized by the approved Roofing Manufacturer prior to bid. The Contractor shall have a minimum of five (5) years documented experience with the approved Roofing Manufacturer. The Owners Representative reserves the right to request a list of completed jobs and references to verify work and performance. ROOF REPLACEMENT PROJECT SINGLE PLY PVC (MECHANICALLY-ATTACHED) ROSEMEAD COMMUNITY RECREATION CENTER 07546-2 B. The Roofing Manufacturer shall have a minimum of ten (10) years experience in directly producing the specified membrane. The PVC membrane shall have also maintained a consistent formulation for a minimum of ten (10) years. C. The Roofing Manufacturer is to certify that the polymer thickness is of the minimum thickness specified. Certification is to be signed by the Roofing Manufacturer's quality control manager. D. A minimum of two (2) weekly in-progress inspections shall be performed for the duration of this project. The inspections shall be performed by a Technical Representative of the Roofing Manufacturer. E. Upon completion of the installation and the delivery to the Roofing Manufacturer by the Contractor of a certification that all work has been done in strict accordance with the contract specifications and the Roofing Manufacturers requirements, and inspection shall be made by Technical Representative of the Roofing Manufacturer to review the installed roof system. F. There shall be no deviation made form the Project Specification without prior written approval by the Owner. G. All work pertaining to the installation of the PVC membrane and flashings shall only be completed by Contractor personnel trained and authorized by the Roofing Manufacturer in those procedures. H. Unreinforced or polyester reinforced membrane flashings are prohibited. I. Verify the roof deck and roof construction is structurally sound provide support for the new roof system. J. No “Private Label” or Third party membrane manufacturers are approved alternates. 1.3 SUBMITTALS A. At the time of award, the Contractor shall submit to the Owner (or Representative) the following: 1. Two 12 inch x 12 inch membrane samples and two samples of each component to be used in the roofing system. 2. Latest edition of the roofing system manufacture's specification and installation instructions, including applicable detail drawings. 3. Letter from the proposed Roofing Manufacturer stating that the Manufacturer has a minimum of ten (10) years consistent experience in successfully producing the proposed roof system. The letter shall also state that the proposed Manufacturer's membrane has maintained a consistent formulation for a minimum of ten (10) years. 4. Letter from proposed Roofing Manufacturer describing the specified certified polymer thickness program. Included shall be a sample copy of the proposed Manufacture's "certificate" for polymer thickness as specified. 5. Complete list of material physical and mechanical properties for each membrane and component including; weights and thicknesses; ultimate elongation; puncture ROOF REPLACEMENT PROJECT SINGLE PLY PVC (MECHANICALLY-ATTACHED) ROSEMEAD COMMUNITY RECREATION CENTER 07546-3 resistance; seam peel strength; breaking strength; tear strength; dimensional stability; and low temperature bend. 6. Copy of the ASTM Certification for the named flashing product showing Type II Class I fiberglass reinforced flashing membranes and Type III polyester reinforced field membranes. 7. Evidence that the proposed roof system meets the requirements of the local building code and has been tested and approved or listed by the required test organizations. 8. Sample copy of manufacturer's guarantee. 9. Sample copy of Contractor's installation warranty. 1.4 PRODUCT DELIVERY, STORAGE AND HANDLING A. All products delivered to the job site shall be in the original unopened containers or wrappings bearing all seals and approvals. B. Handle all materials to prevent damage. Place all materials on pallets and fully protect from moisture. C. Membrane rolls shall be stored lying down on pallets and fully fully protected from the weather with clean canvas tarpaulins. Unvented polyethylene tarpaulins are not accepted due to the accumulation of moisture beneath the tarpaulin in certain weather conditions, which may affect the ease of membrane weldability. D. All adhesives shall be stored at temperatures between 40°F (5°C) and 80° F (27°C). Read instructions contained on adhesive canister or specific storage instructions. E. All flammable materials shall be stored in a cool, dry area away from sparks and open flames. Follow precautions outlined on containers or supplied by material manufacturer/supplier. F. Remove all damaged materials from the job site G. Load materials on the rooftop in such a manner to eliminate risk of deck overload due to concentrated weight 1.5 JOB CONDITIONS A. PVC materials may be installed under certain adverse weather conditions but only after consultation with the Roofing Manufacturer, as installation time and system integrity may be affected. B. Only as much of the new roofing as can be made weathertight each day, including all flashing and detail work, shall be installed. All seams shall be cleaned and heat -welded before leaving the job site that day. C. All work shall be scheduled and executed without exposing the interior building areas to the effects of inclement weather. The existing building and its contents shall be protected against all risks. D. All surfaces to receive new barrier board, membrane or flashings shall be dry. Should ROOF REPLACEMENT PROJECT SINGLE PLY PVC (MECHANICALLY-ATTACHED) ROSEMEAD COMMUNITY RECREATION CENTER 07546-4 surface moisture occur, the Applicator shall provide the necessary equipment to dry the surface prior to application. E. All new and temporary construction, including equipment and accessories, shall be secured in such a manner as to preclude wind blow-off and subsequent roof or equipment damage. F. Uninterrupted waterstops shall be installed at the end of each day’s work and shall be completely removed before proceeding with the next day’s work. Waterstops shall not emit dangerous or unsafe fumes and shall not remain in contact with the finished roof as the installation progresses. Contaminated membrane shall be replaced at no cost to the Owner. G. The Applicator is cautioned that certain PVC membranes are incompatible with asphalt, coal tar, heavy oils, roofing cements, creosote and some preservative materials. Such materials shall not remain in contact with PVC membranes. The Applicator shall consult the Roofing Manufacturer regarding compatibility, precautions and recommendations. H. Arrange work sequence to avoid use of newly constructed roofing as a walking surface or for equipment movement and storage. Where such access is absolutely required, the Applicator shall provide all necessary protection and barriers to segregate the work area and to prevent damage to adjacent areas. A substantial protection layer consisting of plywood over polyester felt shall be provided for all new and existing roof areas which receive rooftop traffic during construction. I. Prior to and during application, all dirt, debris and dust shall be removed from surfaces either by vacuuming, sweeping, blowing with compressed air and/or similar methods. J. The Applicator shall follow all safety regulations as required by OSHA and any other applicable authority having jurisdiction. K. All roofing, flashings and metal work removed during construction shall be immediately taken off site to a legal dumping area authorized to receive such materials. Hazardous materials, such as materials containing asbestos, are to be removed and disposed of in accordance with applicable, State and Federal requirements. L. All new roofing waste material (i.e., scrap roof membrane, empty cans of adhesive) shall be immediately removed from the site by the Applicator and properly transported to a legal dumping area authorized to receive such material. M. The Applicator shall take precautions that storage and/or application of materials and/or equipment does not overload the roof deck or building structure. N. Flammable adhesives shall not be stored and not be used in the vicinity of open flames, sparks and excessive heat. O. All rooftop contamination that is anticipated or that is occurring shall be reported to the Roofing Manufacturer to determine the corrective steps to be taken. P. The Applicator shall conduct fastener pullout tests in accordance with the latest revision of the SPRI/ANSI Fastener Pullout Standard to help verify condition of deck/substrate and to confirm expected pullout values. Q. Remove all excessive moisture, dirt, debris and dust. ROOF REPLACEMENT PROJECT SINGLE PLY PVC (MECHANICALLY-ATTACHED) ROSEMEAD COMMUNITY RECREATION CENTER 07546-5 R. Dispose of all existing and new roofing, insulation, flashings and metal work removed during construction in a waste processing facility authorized to receive such materials. S. Verify that all roof drain lines are functioning correctly (not clogged or blocked) before starting work. Report any such blockages in writing to the Contractor or Owner as appropriate for corrective action prior to the installation of the new roof system. T. If any water is allowed to enter under the newly completed roofing, the affected area shall be removed allowed to dry and replaced with new materials. U. Inspect the substrate for defects such as excessive surface roughness, contamination, structural inadequacy, or any other condition that will adversely affect the quality of work. Stop work if any contamination or unusual or concealed condition is discovered and immediately notify the Contractor of such condition in writing for correction. 1.6 SEQUENCING A. Arrange work sequence to avoid use of newly constructed roofing as a walking surface or for equipment movement and storage. Where such access is absolutely required, provide all necessary protection and barriers to segregate the work area and to prevent damage to adjacent areas. Provide a substantial protection layer consisting of plywood over PVC membrane or plywood over insulation board for all roof areas that receive rooftop traffic during construction. 1.7 WARRANTIES B. Roofing Manufacturer's Standard twenty (20) Year Full System (DL) Warranty. The Warranties shall be non-prorated and contain no exclusion for ponding/standing water and no time limits shall be assigned for any such ponding/standing water. The Warranty shall allow the Owner a minimum of one week for oral notification of leakage and a minimum of one month for written notification. . C. Roofing Contractor Installation Five (5) Year Warranty: The Roofing Contractor shall supply the Owner a separate five-year workmanship warranty. In the event any work related to roofing, flashing, or metal is found to be within the Roofing Contractor warranty term, defective or otherwise not in accordance with the Contract Documents, the Roofing Contractor shall repair that defect at no cost to the Owner. The Roofing Contractor’s warranty obligation shall run directly to the Owner. PART 2 PRODUCTS 2.1 SINGLE PLY PVC MEMBRANE ROOFING A. Subject to compliance with specified requirements, PVC Roofing shall be by Sika Sarnafil, Canton MA (local contact 310-528-3348) or an "or equal" product by one of the following: 1. GenCorp Polymer Products 2. Trocal Roofing Systems B. Membrane shall conform to ASTM D4434-96 (or latest revision), “Standard for Polyvinyl Chloride Sheet Roofing,” Classification: Type III. C. Polymer thickness is to be measured using optical method measuring total polymer ROOF REPLACEMENT PROJECT SINGLE PLY PVC (MECHANICALLY-ATTACHED) ROSEMEAD COMMUNITY RECREATION CENTER 07546-6 thickness between fibers or measuring overall sheet thickness according to ASTM D-751-95 and subtracting thickness of cross point of reinforcing fabric. Polymer thickness shall be sixty (60) mils as documented by a third party source. Polymer thickness variance shall not exceed ± three mils (3 thousandths of an inch) D. Install only Membrane Flashings conforming to ASTM D4434 (latest version), "Standard for Polyvinyl Chloride Sheet Roofing". Classification: Type II Grade I. E. Membrane shall conform to the requirements of the "EnergyStar" program as outlined by the Department of Energy (DOE) and the Environmental Protection Agency (EPA) for reflectivity. Reflective values shall be as follows: Solar Reflectance (Albedo)……………………….83% Thermal Emissivity…………………………………92% Total Solar Reflectance Index (SRI)……………104 out of 100 E. As manufactured, membrane shall have an integral, factor-applied lacquer coating to sustain reflectivity as well as conform to the following physical properties: 1. Color shall be "Energy-Star" White 2. Thickness shall be 60 mil (1.5mm) 2.2 FLASHING MATERIALS A. Wall and Curb Flashing 1. PVC Membrane Flashing (Fiberglass): Fiberglass reinforced membrane, 60 mils thickness, adhered to approved substrate using approved adhesive. 2. Asphalt Resistant PVC Membrane: Asphalt-resistant, fiberglass reinforced membrane adhered to approved substrate using approved adhesive. B. Perimeter Edge Flashing, PVC Clad Metal: PVC-coated, heat-weldable sheet metal capable of being formed into a variety of shapes and profiles. Clad metal is a 25 gauge, G90 galvanized metal sheet with a 20 mil (1 mm) unsupported PVC membrane laminated on one side. C. Miscellaneous Flashing 1. Reglet/Termination Bar: Heavy-duty, extruded aluminum flashing termination reglet used at walls and large curbs. reglet is produced from 6063-T5, 0.10 inch -0.12 inch (2.5 mm -3.0 mm) thick extruded aluminum. 2. PVC Prefabricated Pipe Pipe Flashing: Prefabricated vent pipe flashing made from 0.048 inch (48 mil/1.2 mm) thick PVC membrane. 3. PVC Prefabricated Corners: Prefabricated outside and inside flashing corners made of 0.060 inch (60 mil/1.5 mm) thick membrane that are heat-welded to membrane or clad metal base flashings. 4. Multi-Purpose Sealant: Sika-Flex 1A sealant used at flashing terminations. ROOF REPLACEMENT PROJECT SINGLE PLY PVC (MECHANICALLY-ATTACHED) ROSEMEAD COMMUNITY RECREATION CENTER 07546-7 5. PVC Coverstrip: Precut flashing made from PVC polyester reinforced membrane. Used to coverstrip attachment bars and attachment discs. 2.3 BARRIER BOARD A. Provide siliconized gypsum, fire-tested hardboard with fiberglass-mat facers., Densdeck, or equal. B. Provide, fire-tested homogenous fiber reinforced gypsum roof board. Securock, or equal. 2.4 ATTACHMENT COMPONENTS A. Barrier Board Attachment Plate: Used with heavy duty fasteners to attach barrier boards to the roof deck. Attachment plate is a 3 inch (75 mm) round, 26 gauge stamping of SAE 1010 steel with an AZ 55 Galvalume coating. B. Heavy Duty Fastener: No. #15, heavy-duty, corrosion-resistant fastener used with approved plates or attachment bar to attach barrier board or membrane to the wood roof deck. Heavy duty fasteners have a shank diameter of approximately 0.21 inch (5.3 mm) and the thread diameter is approximately 0.26 inch (6.6 mm). The driving head has a diameter of approximately 0.435 inch (11 mm) and is #3 Phillips design for positive engagement. C. Membrane Attachment Plate: High strength plate used with heavy duty fasteners to attach the PVC roof membrane directly to the roof deck. Plates are a 20 gauge (0.9 mm), 3.5 inch diameter corrosion resistant steel plate. 2.5 WALKWAY PROTECTION A. PVC Walk Tread: a polyester reinforced, 0.096 inch (96 mil/2.4 mm), weldable membrane with surface embossment. Used as a protection layer from rooftop traffic. Consult Roofing Manufacturer's Product Data Sheet for additional information. 2.6 ACCESSORIES A. Aluminum Tape: Two (2) inch (50 mm) wide pressure-sensitive aluminum tape used as a separation layer between small areas of asphalt contamination and the membrane and as a bond-breaker under the coverstrip at clad metal joints. B. Sealing Tape Strip: Compressible foam with pressure-sensitive adhesive on one side. Used with metal flashings as a preventive measure against air and wind blown moisture entry. C. A high performance sealant tape used with metal flashings as a preventive measure against air and wind blown moisture entry. D. Membrane Cleaner: High quality solvent cleaner used for the general cleaning of residual asphalt, scuff marks, etc., from the membrane surface. Membrane cleaner is also used daily to clean seam areas prior to hot-air welding in tear off or dirty conditions or if the membrane is not welded the same day it is unrolled. ROOF REPLACEMENT PROJECT SINGLE PLY PVC (MECHANICALLY-ATTACHED) ROSEMEAD COMMUNITY RECREATION CENTER 07546-8 E. A heavy-duty, extruded aluminum flashing termination reglet used at walls and large curbs. Produced from 6063-T5, 0.10 inch -0.12 inch (2.5 mm -3.0 mm) thick extruded aluminum with a 2¼ inch (57 mm) deep profile, and is provided in 10 foot (3 m) lengths. Use prefabricated mitered inside and outside corners where walls intersect. F. A prefabricated vent pipe flashing made from 0.048 inch (48 mil/1.2 mm) thick. G. Prefabricated outside and inside flashing corners made of 0.060 inch (60 mil/1.5 mm) thick membrane that are heat-welded to membrane base flashings. 2.7 SEALANTS A. Multi-Purpose Sealant (for termination details). B. Depending on substrates, the following sealants are options for temporary overnight tie-ins: 1. Type III hot asphalt conforming to ASTM D312 (latest revision). 2. Multiple layers of roofing cement and felt. Comforming to ASTM D-4586. 3. Mechanical attachment with rigid bars and compressed sealant. 2.8 FASTENERS AND ANCHORS A. All fasteners, anchors, nails, straps, bars, etc. shall be post-galvanized steel, aluminum or stainless steel. Mixing metal types and methods of contact shall be assembled in such a manner as to avoid galvanic corrosion. 1. Fasteners for attachment of metal to masonry shall be expansion type fasteners with stainless steel pins. 2. All concrete fasteners and anchors shall have a minimum embedment of 1.25 inch (32 mm) and shall be approved for such use by the fastener manufacturer. 3. All wood fasteners and anchors used for flashings shall have a minimum embedment of 1 inch (25 mm) and shall be approved for such use by the fastener manufacturer. PART 3 EXECUTION 3.1 PRE-CONSTRUCTION CONFERENCE A. The Roofing Contractor, Owner Representative and Roofing Manufacturer shall attend a pre-construction conference. B. The meeting shall discuss all aspects of the project including but not limited to: 1. Safety 2. Set up 3. Construction schedule 4. Contract conditions 5. Coordination of the work 3.2 SUBSTRATE CONDITION ROOF REPLACEMENT PROJECT SINGLE PLY PVC (MECHANICALLY-ATTACHED) ROSEMEAD COMMUNITY RECREATION CENTER 07546-9 A. Roofing Contractor shall be responsible for acceptance or provision of proper substrate to receive new roofing materials. B. Roofing Contractor shall verify that the work done under related sections meets the following conditions: 1. Roof drains and/or scuppers have been reconditioned and/or replaced and installed properly. 2. Roof curbs, nailers, equipment supports, vents and other roof penetrations are properly secured and prepared to receive new roofing materials. 3. All surfaces are smooth and free of dirt, debris and incompatible materials. 4. All roof surfaces shall be free of water. 5. Broken, delaminated, wet or damaged substrate boards shall be removed and replaced. 3.3 SUBSTRATE INSPECTION A. A dry, clean and smooth substrate shall be prepared to receive the PVC mechanicallyattached roof system. B. The Roofing Contractor shall inspect the substrate for defects such as excessive surface roughness, contamination, structural inadequacy, or any other condition that will adversely affect the quality of work. C. The substrate shall be clean, smooth, dry, free of flaws, sharp edges, loose granules and foreign material, oil and grease. Roofing shall not start until all defects have been corrected. D. All roof surfaces shall be free of water. E. Broken, delaminated, wet or damaged substrate boards shall be removed and replaced. F. PVC membrane shall be applied over compatible and accepted substrates only. 3.4 PREPARATION A. Remove all existing roofing, base flashing, deteriorated wood blocking and metal flashings. B. Wood Deck: Inspect deck for deterioration, remove and replace all rotted or deteriorated wood. The minimum acceptable deck thickness is 11/2 inch lumber or 15/32 plywood or match existing deck if greater. Recess fastener heads into the wood surface. C. Provide new plywood crickets as required. D. Identify and remove Obsolete Roof Top Equipment/Vents/Sleepers E. Clean excessive contamination from existing penetrations to receive new roofing and allow satisfactory sealing of stack flashings. F. When encapsulating existing walls provide new plywood sheathing where exposed substrate is not suitable to accept roofing membrane. ROOF REPLACEMENT PROJECT SINGLE PLY PVC (MECHANICALLY-ATTACHED) ROSEMEAD COMMUNITY RECREATION CENTER 07546-10 G. Raise all curbs to a minimum of 8 inches above the new finished roof level. Existing vents to remain in place must have at least 6 inches flashing height. Consult manufacturer for guidance. 3.5 BARRIER BOARD INSTALLATION A. Barrier board shall be installed according to manufacturer’s instructions. B. Barrier board shall be neatly cut to fit around penetrations and projections. C. Do not install more barrier board than can be covered with PVC membrane by the end of the day or the onset of inclement weather. D. Mechanical Attachment: 1. Barrier board shall be mechanically fastened to the deck with approved fasteners and plates at a rate of six (6) per 4'x8' board. The location of the fasteners and plates shall also cause the barrier boards to rest evenly on the roof deck/substrate so that there are no significant and avoidable air spaces between the boards and the substrate. Each board shall be installed tightly against the adjacent boards on all sides. 2. Fasteners are to be installed consistently in accordance with fastener manufacturer’s recommendations. Fasteners are to have minimum penetration into structural deck recommended by the fastener manufacturer and Roofing Manufacturer. 3.6 INSTALLATION OF POLYVINYLCHLORIDE (PVC) MEMBRANE A. The surface of the substrate shall be inspected prior to installation of the PVC roof membrane. The substrate shall be clean, dry, free from debris and smooth, with no surface roughness or contamination. Broken, delaminated, wet or damaged barrier boards shall be removed and replaced. B. General 1. PVC membrane is to be attached with fasteners and discs according to the Roofing Manufacturer and Factory Mutual’s requirements. 2. Membrane overlaps shall be shingled with the flow of water where possible. 3. Tack welding of PVC membrane for purposes of temporary restraint during installation is not permitted. C. Perimeter and Corner Areas 1. Over the properly installed and prepared substrate surface, PVC half-width (39 inches or 1 meter) rolls are to be installed parallel with the entire perimeter edge. The number of adjacent half-rolls will be determined by building height and width and other conditions according to FM guidelines and Roofing Manufacture's Technical Specifications.. Fasteners and discs are installed along the edge of the membrane on the fastening line at a spacing of nine (9) inches on center. ROOF REPLACEMENT PROJECT SINGLE PLY PVC (MECHANICALLY-ATTACHED) ROSEMEAD COMMUNITY RECREATION CENTER 07546-11 2. Perimeter area is defined as the outer boundary of the roof. If the roof is broken into different levels, each roof area shall be treated as an individual roof with its outer boundary being treated as a perimeter. Typically, internal expansion joints and firewalls are not considered to be full perimeters. Refer to Factory Mutual’s Data Sheet 1-28 for more information. 3. The ridge area is defined as the high point in the roof area formed by two intersecting planes. When the sum of the slopes is a minimum of 4 inches in 12 inches (30 degrees), each side of the ridge shall be treated as a perimeter area. 4. Hot-air weld overlaps according to Roofing Manufacturer’s requirements. Take test cuts at least 3 times per day. D. Interior Area 1. Over the properly installed and prepared substrate surface, PVC full-width (78-5/8 inches or 2 meter) rolls are to be installed. Fasteners and discs are installed along the edge of the membrane on the fastening line at a spacing of nine (9) inches on center. Fasteners shall clamp the PVC membrane tightly to the substrate. See Detail Drawings. 2. Hot-air weld overlaps according to Roofing Manufacturer’s recommendations. Take test cuts at least 3 times per day. E. Securement around perimeter and rooftop penetrations 1. Around all perimeters, at the base of walls, drains, curbs, vent pipes, or any other roof penetrations, fasteners and discs shall be installed according to perimeter rate of attachment. Fasteners shall be installed according to the manufacturer’s instructions. Fasteners shall be installed using the fastener manufacturer’s recommended torque-sensitive fastening tools with depth locators. Fasteners shall clamp the PVC membrane tightly to the substrate. 2. PVC membrane flashings shall extend 2-1/2 inches (63 mm) past the discs and be hot-air welded to the PVC deck membrane. 3.7 HOT-AIR WELDING OF SEAM OVERLAPS A. General 1. All seams shall be hot-air welded. welded. Seam overlaps should be 3 inches (75 mm) wide when automatic machine welding and 4 inches (100 mm) wide when handwelding except for certain details. 2. Welding equipment shall be provided by or approved by the Roofing Manufacturer. All mechanics intending to use the equipment shall have successfully completed a training course provided by the Roofing Manufacturer's Technical Representative prior to welding. 3. All membrane to be welded shall be clean and dry. B. Quality Control of Welded Seams: The Roofing Contractor shall check all welded seams for continuity using a rounded screwdriver. On-site evaluation of welded seams shall be made daily by the Roofing Contractor to locations as directed by the Owner Representative or Roofing Manufacturer. One inch (25 mm) wide cross-section samples ROOF REPLACEMENT PROJECT SINGLE PLY PVC (MECHANICALLY-ATTACHED) ROSEMEAD COMMUNITY RECREATION CENTER 07546-12 of welded seams shall be taken at least three times a day. Correct welds display failure from shearing of the membrane prior to separation of the weld. Each test cut shall be patched by the Roofing Contractor at no extra cost to the Owner. 3.8 MEMBRANE FLASHINGS A. All flashings shall be installed concurrently with the roof membrane as the job progresses. No temporary flashings shall be allowed. Approval shall only be for specific locations on specific dates. If any water is allowed to enter under the newly completed roofing, the affected area shall be removed and replaced at the Roofing Contractors expense. Flashing shall be adhered to compatible, dry, smooth, and solvent-resistant surfaces. Use caution to ensure adhesive fumes are not drawn into the building. B. Stabond Adhesive for Membrane Flashings -Apply Stabond adhesive in smooth, even coats with no gaps, globs or similar inconsistencies. Press the bonded sheet firmly in place with a hand roller. Do not apply adhesive in seam areas. Apply membrane panels uniformly. C. Install approved fasteners into the structural deck at the base of parapets, walls and curbs according to the manufacturer recommended details. D. The minimum flashing height is 8 inches above finished roofing level unless otherwise accepted in writing by the Owner's Representative and the roofing manufacturer E. All flashing membranes shall be mechanically fastened along the counter-flashed top edge with reglet or approved alternate at 6-8 inches (0.15-0.20 m) on center. F. Flashings shall be terminated according to the manufacturer recommended details. G. All flashings that exceed 30 inches (0.75 m) in height shall receive additional securement. 3.9 PVC CLAD METAL BASE FLASHINGS AND EDGE METAL A. All flashings shall be installed concurrently with the roof membrane as the job progresses. No temporary flashings shall be allowed without the prior written approval of the Owner's Representative and Roofing Manufacturer. Acceptance shall only be for specific locations on specific dates. If any water is allowed to enter under the newly completed roofing due to incomplete flashings, the affected area shall be removed and replaced at the Roofing Contractor’s expense. B. PVC clad metal flashings shall be formed and installed per the Detail Drawings. 1. All metal flashings shall be fastened with two rows of post galvanized flat head annular ring nails, 4 inches (100 mm) on center staggered. Fasteners shall penetrate the wood deck a minimum of 1 inch (25 mm). 2. Metal shall be installed to provide adequate resistance to bending and allow for normal thermal expansion and contraction. C. Adjacent sheets of PVC clad shall be spaced 1/4 inch (6 mm) apart. The joint shall be covered with 2 inch (50 mm) wide aluminum tape. A 4 inch minimum (100 mm) wide strip of PVC flashing membrane shall be hot-air welded over the joint. ROOF REPLACEMENT PROJECT SINGLE PLY PVC (MECHANICALLY-ATTACHED) ROSEMEAD COMMUNITY RECREATION CENTER 07546-13 3.10 METAL FLASHINGS A. Metal details, fabrication practices and installation methods shall conform to the applicable requirements of the following: Sheet Metal and Air Conditioning Contractors National Association, Inc. (SMACNA) -latest issue. B. Metal, other than that provided by the Roofing Manufacturer, is not covered under the Roofing Manufacturer's warranty. C. Complete all metal work in conjunction with roofing and flashings so that a watertight condition exists daily. D. Metal shall be installed to provide adequate resistance to bending to allow for normal thermal expansion and contraction. E. Metal joints shall be watertight. F. Metal flashings shall be securely fastened into solid wood blocking. Fasteners shall penetrate the wood nailer a minimum of 1 inch (25 mm). G. Airtight and continuous metal hook strips are required behind metal fascias. Hook strips are to be fastened 12 inches (0.3 m) on center into the wood nailer or masonry wall. H. Counter flashings shall overlap base flashings at least 4 inches (100 mm). I. Hook strips shall extend past wood nailers over wall surfaces by 1-1/2 inch (38 mm) minimums and shall be securely sealed from air entry. 3.11 WALKWAY INSTALLATION A. Roofing membrane to receive PVC Walkway Tred shall be clean and dry. Apply a continuous coat of adhesive to the deck sheet and the back of Walkway in accordance with the Roofing Manufacturer's technical requirements and press Walkway into place with a water-filled, foam-covered lawn roller. Clean the deck membrane in areas to be welded. Hot-air weld the entire perimeter of the Walkway to the PVC deck sheet. Check all welds with a rounded screwdriver. Re-weld any inconsistencies. Check all existing deck membrane seams that are to be covered by Walkway with rounded screwdriver and reweld any inconsistencies before Walkway installation. 3.12 TEMPORARY CUT-OFF A. Construct all temporary waterstops to provide a 100% watertight seal. Maintain the stagger of insulation joints by installing partial panels of insulation. Carry the new membrane into the waterstop. Seal the waterstop to the deck and/or substrate so that water will not be allowed to travel under the new or existing roofing. Seal the edge of the membrane in a continuous heavy application of sealant. Cut out all contaminated membrane before resuming work. 3.13. COMPLETION A. Prior to demobilization from the site, the work shall be reviewed by the Owner Representative and the Roofing Manufacturer. All defects noted and non-compliances with the Specifications or the recommendations of the Roofing Manufacturer shall be ROOF REPLACEMENT PROJECT SINGLE PLY PVC (MECHANICALLY-ATTACHED) ROSEMEAD COMMUNITY RECREATION CENTER 07546-14 itemized in a punch list. These items must be corrected immediately by the Roofing Contractor to the satisfaction of the Owner Representative and Roofing Manufacturer prior to demobilization. B. All Warranties referenced in this Specification shall have been submitted and have been accepted at time of contract award. --End of Section -- ROOF REPLACEMENT PROJECT FLUID APPLIED ROOFING ROSEMEAD COMMUNITY RECREATION CENTER 07140-1 SECTION 07140 FLUID APPLIED ROOFING PART 1 GENERAL 1.1 SUMMARY A. Provide labor, materials, equipment and supervision necessary to install a seamless, fully adhered fluid-applied roofing over existing roofing as outlined in this specification. Note: Not intended for use over gravel-surfaced roof membranes. B. The Manufacturer's Application Instructions are considered part of this specification and should be followed at all times. 1.2 QUALITY ASSURANCE A. The roofing system shall be applied only by a Contractor authorized by the approved Roofing Manufacturer prior to bid. The Contractor shall have a minimum of five (5) years documented experience with the approved Roofing Manufacturer. The Owners Representative reserves the right to request a list of completed jobs and references to verify work and performance. B. The Roofing Manufacturer shall have a minimum of ten (10) years experience in directly producing the specified membrane. C. The Applicator shall be approved by the Roofing Manufacturer to install the fluid-applied roofing system. Manufacturer’s written verification of applicator approval is required. D. Requirements of Regulatory Agencies: 1. The fluid-applied roofing shall be rated Class “A” (Spread of Flame) per ASTM E108 when 7419 CA base coat and 70613 Ca series topcoat are used as a system. 2. Materials used in the fluid-applied roofing system shall meet Federal, State and local VOC regulations E. There shall be no deviation made form the Project Specification without prior written approval by the Owner. F. Applicator will use adequate means to make sure the proper gallons are installed to Meet this specification. This may include sectioning off the roof into 22’X22’ sections where a full 5 gallon bucket is installed in each section and or having Wet Mil Measuring devises on site. Wet mil gauges are required and should be used checking wet mil thickness every 250 sq. ft. E. All work pertaining to the installation of the fluid-applied roofing system and flashings shall only be completed by Contractor personnel trained and authorized by the Roofing Manufacturer in those procedures. F. Verify the roof deck and roof construction is structurally sound provide support for the new roof system. G. Upon completion of the fluid applied roofing installation, an inspection shall be made by Technical Representative of the Roofing Manufacturer to review the installed roof system. ROOF REPLACEMENT PROJECT FLUID APPLIED ROOFING ROSEMEAD COMMUNITY RECREATION CENTER 07140-2 At this time slits will be taken to confirm mils and coating thickness. It is the responsibility of the contractor to have an employee and ladder present along with caulking and coating to seal slits. Consult Roofing Manufacturer for details. 1.3 SUBMITTALS A. At the time of award, the Contractor shall submit to the Owner (or Representative) the following: 1. Submit two cured samples of specified system. Samples shall be construed as examples of finished color and texture only. 2. Latest edition of the roofing system manufacture's specification and installation instructions, including applicable detail drawings. 3. Submit letter from manufacturer stating applicator is approved to install the specified system. 4. Complete list of material physical and mechanical properties for each component including; weights and thicknesses; ultimate elongation; puncture resistance; seam peel strength; breaking strength; tear strength; dimensional stability; and low temperature bend. 5. Evidence that the proposed roof system meets the requirements of the local building code and has been tested and approved or listed by the required test organizations. 6. Sample copy of manufacturer's guarantee. 7. Sample copy of Contractor's installation warranty. 1.4 PRODUCT DELIVERY, STORAGE AND HANDLING A. All products delivered to the job site shall be in the original sealed containers clearly marked with supplier's name, brand name and type of material. B. Recommended material storage temperature is 75oF (23.8oC). Handle products to avoid damage to containers. Do not store for long periods in direct sunlight. C. Handle all materials to prevent damage. D. All flammable materials shall be stored in a cool, dry area away from sparks and open flames. Follow precautions outlined on containers or supplied by material manufacturer/supplier. E. Remove all damaged materials from the job site F. Load materials on the rooftop in such a manner to eliminate risk of deck overload due to concentrated weight 1.5 JOB CONDITIONS A. Environmental Conditions: 1. Do not proceed with application of coating materials when surface temperature is less than 40oF (4.4oC) or if precipitation is imminent. ROOF REPLACEMENT PROJECT FLUID APPLIED ROOFING ROSEMEAD COMMUNITY RECREATION CENTER 07140-3 2. Do not apply material unless surface to receive coating is clean and dry. 3. Take all measures necessary to protect unrelated surfaces from coating overspray or spillage. 4. All ducts will be removed for access underneath and against walls. B. All work shall be scheduled and executed without exposing the interior building areas to the effects of inclement weather. The existing building and its contents shall be protected against all risks. C. All new and temporary construction, including equipment and accessories, shall be secured in such a manner as to preclude wind blow-off and subsequent roof or equipment damage. D. Arrange work sequence to avoid use of newly constructed roofing as a walking surface or for equipment movement and storage. Where such access is absolutely required, the Applicator shall provide all necessary protection and barriers to segregate the work area and to prevent damage to adjacent areas. areas. A substantial protection layer consisting of plywood over polyester felt shall be provided for all new and existing roof areas which receive rooftop traffic during construction. E. Prior to and during application, all dirt, debris and dust shall be removed from surfaces either by vacuuming, sweeping, blowing with compressed air and/or similar methods. F. The Applicator shall follow all safety regulations as required by OSHA and any other applicable authority having jurisdiction. G. All roofing, flashings and metal work removed during construction shall be immediately taken off site to a legal dumping area authorized to receive such materials. Hazardous materials, such as materials containing asbestos, are to be removed and disposed of in accordance with applicable, State and Federal requirements. H. All new roofing waste material shall be immediately removed from the site by the Applicator and properly transported to a legal dumping area authorized to receive such material. I. The Applicator shall take precautions that storage and/or application of materials and/or equipment does not overload the roof deck or building structure. J. Flammable adhesives shall not be stored and not be used in the vicinity of open flames, sparks and excessive heat. K. All rooftop contamination that is anticipated or that is occurring shall be reported to the Roofing Manufacturer to determine the corrective steps to be taken. L. Remove all excessive moisture, dirt, debris and dust. M. Verify that all roof drain lines are functioning correctly (not clogged or blocked) before starting work. Report any such blockages in writing to the Contractor or Owner as appropriate for corrective action prior to the installation of the new roof system. N. If any water is allowed to enter under the newly completed roofing, the affected area shall be removed allowed to dry and replaced with new materials. O. Inspect the substrate for defects such as excessive surface roughness, contamination, ROOF REPLACEMENT PROJECT FLUID APPLIED ROOFING ROSEMEAD COMMUNITY RECREATION CENTER 07140-4 structural inadequacy, or any other condition that will adversely affect the quality of work. Stop work if any contamination or unusual or concealed condition is discovered and immediately notify the Contractor of such condition in writing for correction. 1.6 SEQUENCING A. Arrange work sequence to avoid use of newly constructed roofing as a walking surface or for equipment movement and storage. Where such access is absolutely required, provide all necessary protection and barriers to segregate the work area and to prevent damage to adjacent areas. Provide a substantial protection layer consisting of plywood over PVC membrane or plywood over insulation board for all roof areas that receive rooftop traffic during construction. 1.7 WARRANTIES B. Roofing Manufacturer's Standard ten (10) Year Material and Labor Warranty. The Warranties shall be non-prorated and contain no exclusion for ponding/standing water and no time limits shall be assigned for any such ponding/standing water. The Warranty shall allow the Owner a minimum of one week for oral notification of leakage and a minimum of one month for written notification. . C. Roofing Contractor Installation Five (5) Year Warranty: The Roofing Contractor shall supply the Owner a separate five-year workmanship warranty. In the event any work related to roofing, flashing, or metal is found to be within the Roofing Contractor warranty term, defective or otherwise not in accordance with the Contract Documents, the Roofing Contractor shall repair that defect at no cost to the Owner. The Roofing Contractor’s warranty obligation shall run directly to the Owner. PART 2 PRODUCTS 2.1 FLUID APPLIED ROOFING A. Subject to compliance with specified requirements, Fluid Applied Roofing shall be Elasta –Gard MB-SC (So.Cal.) by NEOGARD® Division of JONES-BLAIR® Company, 2728 Empire Central, Dallas, TX 75235, Toll Free (800) 321-6588, Fax (214) 357-7532, www.neogard.com. or an "or equal" product. B. Fluid-Applied Roofing Materials: 1. Biodegradable Cleaner: 8500 water soluble concentrate. 2. Sealant: 70991 or other polyurethane sealant approved by Roofing Manufacturer. 3. Water Based Epoxy Primer: 7780/7781, red tint in color when mixed, use over asphalt and cap roofs 4. Reinforcing Fabric: TieTex polyester fabric. 5. Elastomeric Base Coat: 7419 CA series polyurethane coating, black. 6. Elastomeric Top Coat: 70613 CA series polyurethane coating material. white. C. Typical physical properties of cured fluid-applied roofing materials used on this project are: PERFORMANCE REQUIREMENTS OF CURED FILM PHYSICAL PROPERTIES TEST METHOD BASE COAT TOPCOAT Tensile Strength ASTM D412 350 psi 1,500 psi Elongation ASTM D412 500% 360% ROOF REPLACEMENT PROJECT FLUID APPLIED ROOFING ROSEMEAD COMMUNITY RECREATION CENTER 07140-5 Permanent Set ASTM D412 <25% <10% Tear Resistance ASTM D1004 100 lb/in 100 lb/in Water Resistance ASTM D471 <3% @7 days <3% @7 days MVT @30 mils ASTM E96 1.6 English 2.2 English Taber Abrasion ASTM D4060 N/A 45 mg/1,000cs-17 Shore A ASTM D2240 50 -55 70 -75 Adhesion ASTM D903 5 pli 15 pli Weathering Resistance ASTM D822 N/A Slight Chalk Thermal Shock Alternate Heat/Cold No Loss of Adhesion No Loss of Adhesion 2.6 ACCESSORIES A. Miscellaneous materials such as adhesives, expansion joints and drains shall be compatible with the fluid-applied roofing system and approved by Roofing Manufacturer. All materials shall be applied and/or installed in accordance with its manufacturer’s recommendations. 2.7 SEALANTS A. Multi-Purpose Sealant (for termination details). B. Depending on substrates, the following sealants are options for temporary overnight tie-ins: 1. Type III hot asphalt conforming to ASTM D312 (latest revision). 2. Multiple layers of roofing cement and felt. Conforming to ASTM D-4586. 3. Mechanical attachment with rigid bars and compressed sealant. PART 3 EXECUTION 3.1 SUBSTRATE CONDITION A. Roofing Contractor shall be responsible for acceptance or provision of proper substrate to receive new roofing materials. B. Roofing Contractor shall verify that the work done under related sections meets the following conditions: 1. Roof drains and/or scuppers have been reconditioned and/or replaced and installed properly. 2. Roof curbs, nailers, equipment supports, vents and other roof penetrations are properly secured and prepared to receive new roofing materials. 3. All surfaces are smooth and free of dirt, debris and incompatible materials. 4. All roof surfaces shall be free of water. 5. Verify that all air conditioning and air intake vents are suitably protected or ROOF REPLACEMENT PROJECT FLUID APPLIED ROOFING ROSEMEAD COMMUNITY RECREATION CENTER 07140-6 closed, seal with plastic if possible 6. Verify all critical areas in the vicinity of the application area are suitably protected.. 3.2 PREPARATION A. Protection: 1. Keep products away from heat, sparks and flames. Do not allow the use of spark producing equipment during application and until vapors are gone. Post “No Smoking” signs. 2. The overspray and/or solvents from spraying fluid-applied roofing materials can carry considerable distances and care should be taken to do the following: a. Post warning signs a minimum of 100 feet from the work area. b. Mask off or cover all air intakes near the work area to prevent odors from entering occupied areas of the building or structure. Charcoal filters may be required. c. Set up wind breaks when needed. d. Minimize or exclude all personnel not directly involved with the fluid-applied roofing application. e. Have CO2 or other dry chemical fire extinguishers available at the jobsite. f. Provide adequate ventilation. 3. Protect plants, vegetation and animals which might be affected by the fluid-applied roofing installation. Use drop cloths or masking as required. B. Surface Preparation: 1. All BUR/MB surfaces, whether old or new, shall be cleaned using 8500 biodegradable cleaner at the rate of 1 part concentrate to 10 parts water. Apply the diluted cleaning solution under low pressure spray at a rate of 150 to 200 square feet per gallon and allow to stand for 15 minutes. Do not allow the solution to dry. Thoroughly rinse with fresh water under high pressure (minimum 2,000 psi) to remove the cleaning solution from the roof. The use of stiff-bristle brooms or mechanical scrubbers may be required to remove heavy deposits of dirt or other contaminants from surface. Allow roof surface to thoroughly dry. Note: if extremely hot days, this probably won’t work as product will evaporate prior to being pressure washed. 2. Remove all existing abandoned mechanical equipment, deteriorated roofing materials, adhesives and foreign materials down to sound substrate. Replace these areas with similar materials to match existing roof level. The width, adhesion and/or fastening requirements of the new material must be compatible with the existing roof and meet local codes. Seal all edges as described in Section 3.2 B5 of this guide specification. 3. Wet areas shall be removed. Replace with similar roofing materials to match existing roof level. The width, adhesion and/or fastening requirements of the new material must be compatible with the existing roof and meet local codes. Seal all edges as described in Section 3.2 B5 of this guide specification. 4. Flashings can be repaired using flashing tape or by replacement of compatible flashing material. If flashings are damaged beyond repair, flashing must be replaced with similar type roofing materials and must be compatible with existing roofing system. The membrane should be installed per the manufacturer’s written specification, to bring the flashings back to a water tight condition. 5. Repair all blisters, splits, fishmouths, seams, holes, and other surface imperfections of the roof and flashing areas with similar roofing materials. The width, adhesion and/or fastening requirements of the new material must be compatible with the existing roof and meet local codes. Over the repair, apply 7419 CA series elastomeric base coat at a rate of 1 gallon per 100 square feet (100 sf/gal) minimum. Elastomeric base coat shall extend a minimum of 4 inches beyond the edges of the repair. ROOF REPLACEMENT PROJECT FLUID APPLIED ROOFING ROSEMEAD COMMUNITY RECREATION CENTER 07140-7 6. Thoroughly clean all exposed metal surfaces such as pipe sleeves, drains, boxes, ducts, etc. remove all loose paint, rust and asphalt or loose roofing materials of any kind. Prime all metal being coated with Ureprime HS4. 7. Seal watertight gutters, parapet walls and caps. Repair any damaged metal. Caulk and seal watertight all screws, seams, skylights, joints, pipes, voids, protrusions and any areas where water could enter through the roof. 8. Granule surfaced cap sheet will require a 1 gallon leveling coat of 7419CA prior to the system installation noted below in the Application portion of specification. This fills in and around the granule surfaced so the application has a level surface to apply to. 9. Clean and seal all drains watertight. 10. Allow roof and other prepared surfaces to dry completely before proceeding with coating application. 11. Raise all curbs to a minimum of 8 inches above the new finished roof level. Existing vents to remain in place must have at least 6 inches flashing height. Consult manufacturer for guidance. 3.3 APPLICATION A. Barrier board shall be installed according to manufacturer’s instructions. B. Barrier board shall be neatly cut to fit around penetrations and projections. C. Do not install more barrier board than can be covered with PVC membrane by the end of the day or the onset of inclement weather. D. Fluid Applied Roofing: 1. Primer: As Needed Apply 7780/7781 epoxy primer at the rate of 1/3 gallon per 100 square feet (300 sf/gal) to any raw asphalt or granule cap sheet roofing. Do not apply epoxy primer over 7419 CA series elastomeric base coat used for detailing in Section 3.2B of this guide specification. If leveling coat or basecoat cannot be applied within 24 hours re-prime. 2. Base Coat/Polyester: Apply 7419 CA series elastomeric coating at a minimum rate of 1 gallon per 100 square feet and immediately roll in polyester fabric. Broom polyester fabric to obtain full adhesion of polyester and remove air bubbles. Overlap polyester a minimum 3” on side and 6” at end lap. After brooming, roll an additional 1 gallon of basecoat over polyester fabric to fully lock in polyester. To yield an average 24 dry mils excluding polyester in strict accordance with procedures outlined by Roofing Manufacturer and allow to cure. 3. Topcoat: Apply 70613 CA series elastomeric top coating at a minimum rate of 3 gallons per 100 square feet in 3 coats to yield an average 36 dry mils in strict accordance with procedures outlined by Roofing Manufacturer and allow to cure. Application of topcoat shall be in a perpendicular direction to each previous coat. Total system elastomeric coating thickness to average 60 dry mils. *Note: Thickness values of cured film are averages and can vary due to finish of surface. 3.4. CLEANING ROOF REPLACEMENT PROJECT FLUID APPLIED ROOFING ROSEMEAD COMMUNITY RECREATION CENTER 07140-8 A. Surfaces not intended to receive the Fluid Applied Roofing system shall be protected during the application of the system. Should this protection not be effective, or not be provided, the respective surfaces shall be restored to their proper conditions by cleaning, repairing or replacing. All debris from completion of work shall be completely removed from the project site. 3.5. PROTECTION A. After completion of application, do not allow traffic on coated surfaces for a period of at least 48 hours at 75oF and 50% R.H., or until completely cured. 3.6. COMPLETION A. Prior to demobilization from the site, the work shall be reviewed by the Owner Representative and the Roofing Manufacturer. All defects noted and non-compliances with the Specifications or the recommendations of the Roofing Manufacturer shall be itemized in a punch list. These items must be corrected immediately by the Contractor to the satisfaction of the Owner Representative and Roofing Manufacturer prior to demobilization. B. All Warranties referenced in this Specification shall have been submitted and have been accepted at time of contract award. --End of Section -- ROOF REPLACEMENT PROJECT DEMOLITION ROSEMEAD COMMUNITY RECREATION CENTER 02050 -1 SECTION 02050 DEMOLITION PART 1 GENERAL 1.1 SUMMARY A. Carefully demolish all existing structures and improvements indicated or noted on the Contract Drawings to be demolished and remove them from the premises. B. Related Work Sections: 1. Documents affecting work of this Section include, but are necessarily limited to the GENERAL CONDITIONS, and Sections in GENERAL REQUIREMENTS of DIVISION 1 of these Specifications. 2. Asbestos & Lead Paint Abatement Work in Contract Appendix Part “D” & Part “E” 1.2 QUALITY ASSURANCE A. Labor: Use adequate numbers of skilled laborers who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the work of this Section. B. Codes and Regulations: Comply with all applicable Government Codes and Regulations especially meeting safety standards and regulations of CAL/OSHA. Provide additional measures, added materials and devices as may be needed as directed by the Owner or the Consultant, at no added cost to the Owner. 1.3 MISCELLANEOUS GENERAL REQUIREMENTS A. General: Comply with the following as specified in the General Conditions and Division 1 1. Erection and maintenance of protections. 2. Dust Control. 3. Repair of Damages. 4. Cleaning and removal of rubbish and debris. B. Notifications Concerning Utilities: All Utility Companies owning conduit, pipes and sewers running to and from Owner properties to be notified to make arrangements for their removal or capping in accordance with instructions from the Owner’s Representative or the Consultant. 1. Notify the Owner (310-217-8363) when utilities should be turned off or vacated for demolition purposes. 2. Repair damaged or broken existing utilities subject to the approval of the Owner’s Representative or the Consultant at no added cost to the Owner. ROOF REPLACEMENT PROJECT DEMOLITION ROSEMEAD COMMUNITY RECREATION CENTER 02050 -2 C. Protection of Site Improvements: As required by approved methods as and as authorized by the Owner’s Representative or the Consultant as follows as applicable: 1. Protect all existing improvements that are to remain in-place. 2. Remove all protections when work is completed and when authorized by the Owner’s Representative or the Consultant. D. Repair of Damage: 1. The Contractor shall repair any damage to existing improvements that may have been caused by his or her operations outside the scope of work of this Section, at no cost to the Owner. 2. Methods: Repair or replace existing damaged improvements with new materials as necessary for restoration of damaged areas or surfaces to a condition equal to and matching that existing prior to damage occurrence, to the full satisfaction and approval of the Owner or its authorized representative. E. Scheduling of Work Operations: Submit demolition and removal schedule and procedures to the Owner’s Representative or the Consultant within 15 days after date of Owner-Contractor Agreement. F. Non-Interference: Conduct demolition and removal operations in a manner to minimize interference with Owner’s operations in adjacent areas. Maintain protected egress and access at all times during Contracted Work operations. G. Control the generation of dust by wetting down materials that are susceptible to the production of particulate matter. Use an approved dust palliative where appropriate. H. Traffic Obstruction. Do not close, obstruct, or store material or equipment in street, sidewalks, alleys or passageways in accordance with the requirements of the Regulatory Agencies having jurisdictions and Section 0700 General Conditions and 0800 Supplemental Conditions 1.4 WORK PLAN A. Submit a demolition work plan to the Owner’s Representative in accordance with Section 01340. The procedures planned and proposed for the accomplishment of the work. The procedures shall provide for safe conduct of the work, careful removal and protection of property, which is to remain undisturbed, coordination with other work in progress, and timely disconnection of utility services. B. The plan shall include a detailed description of the methods and equipment to be used for each operation, and the sequence of operations. ROOF REPLACEMENT PROJECT DEMOLITION ROSEMEAD COMMUNITY RECREATION CENTER 02050 -3 PART 2 PRODUCTS (NOT APPLICABLE) PART 3 EXECUTION 3.1 SITE CONDITIONS A. Examine the Job-site areas and conditions under which work of this Section will be performed. B. Correct conditions detrimental to timely and proper completion of Contracted Work as directed by the Owner’s Representative or the Consultant. Do not proceed with Contracted Work until detrimental conditions have been corrected. 3.2 DEMOLITION A. Prior to start of demolition operations carefully study the Contract Drawings and these Specifications. In the company of the Owner’s Representative, Owner authorized representative or the Consultant, visit the job-site as necessary to further verify the extent of the work to be performed under this Contract. B. Discovery of Hazardous Substances: Conform to provisions of the GENERAL CONDITIONS and Asbestos & Lead Paint Abatement Work in Contract Appendix Part “D” & Part “E” C. Coordination: Fully coordinate work of this Section with other Contracted Work operations so as not to interfere with Owner operations on the job-site. 3.3 REPLACEMENTS A. In the event of demolition of items not so scheduled to be demolished or removed, promptly replace such items to the approval of the Owner’s Representative, authorized representative or Consultant, at no added cost to the Owner. 3.4 CLEAN-UP AND DISPOSAL Comply with applicable requirements of agencies having jurisdiction. Refer to Section 01505, PROJECT WASTE MANAGEMENT A. 3.5 REMOVAL A. Unless otherwise specified, all materials removed shall become the property of Contractor and shall be removed completely away from the Project site. Refer to Section 01505, PROJECT WASTE MANAGEMENT 3.6 BURNING A. The use of burning at the project site for the disposal of refuse and debris will not be permitted. 3.7 USE OF EXPLOSIVES A. Use of explosives will not be permitted. ROOF REPLACEMENT PROJECT DEMOLITION ROSEMEAD COMMUNITY RECREATION CENTER 02050 -4 3.8 PROTECTION OF TREES A. Trees within the project site which might be damaged during demolition and which are indicated to be left in place shall be protected by a 6-foot high chain link fence. The fence shall be securely erected a minimum of 5 feet from the trunk of individual trees or follow the outer perimeter of branches or clumps of trees. B. All trees that are to remain that are damaged during the work under this contract shall be replaced in kind or as approved by the Owner authorized representative. --END OF SECTION -- ROOF REPLACEMENT PROJECT PROJECT RECORD DOCUMENTS ROSEMEAD COMMUNITY RECREATION CENTER 01789-1 SECTION 01789 PROJECT RECORD DOCUMENTS PART 1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including Contract General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SECTION INCLUDES A. Requirements for Project record documents to be submitted for Contract closeout. 1.3 RELATED SECTIONS A. Section 01330 -Submittals Procedures: General requirements for submission for shop drawings, product data, samples and quality control reports. 1.4 PROJECT RECORD DOCUMENTS A. Project Record Documents, General: Do not use record documents for construction purposes; protect from deterioration and loss in a secure, fire-resistive location; provide access to record documents for the City’s Representative and the Architect's reference during normal working hours. B. Record Drawings: Record information continuously as Work progresses. Do not conceal Work permanently until all required information is recorded. 1. Maintain a clean, undamaged set of blue or black line white-prints of Contract Drawings and Shop Drawings. Mark the set to show the actual installation where the installation varies substantially from the Work as originally shown. Mark whichever drawing is most capable of showing conditions fully and accurately. 2. Where Shop Drawings are used, record a cross-reference at the corresponding location on the Contract Drawings. Give particular attention to concealed elements that would be difficult to measure and record at a later date. 3. Legibly and to scale, mark record sets with red erasable pencil. Use other colors to distinguish between variations in separate categories of the work. 4. Mark new information that is important to the City, but was not shown on Contract Drawings or Shop Drawings. Record actual construction, including: a. Measured depths of foundations and footings encountered, measured in relation to finish First Floor datum. datum. b. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent ground improvements. c. Field changes of dimension and detail. ROOF REPLACEMENT PROJECT PROJECT RECORD DOCUMENTS ROSEMEAD COMMUNITY RECREATION CENTER 01789-2 d. Details not on original Contract Drawings. Application of copies of details produced and provided by Architect during construction will be accepted. e. Permanent Room names and Room numbers. 5. Note related Change Order numbers where applicable. 6. Organize record drawing sheets into manageable sets, bind with durable paper cover sheets, and print suitable titles, dates and other identification on the cover of each set. 7. Store Record Documents separate from documents used for construction. C. Record Specifications: Record changes made by Addenda and Change Orders. In PART 2 -PRODUCTS in each Section, legibly mark and record in red ink actual Products installed or used, including: 1. Manufacturer's name and product model or catalog number. 2. Product substitutions or alternates utilized. D. Submission: 1. Project Record Documents shall be kept current and will be reviewed for completeness by architect, inspector, and City’s Representative as condition for certification of each Progress Payment Application. 2. Submit marked record documents to City’s Representative prior to final Application for Payment, for approval, and further processing PART 2 PRODUCTS Not Applicable to this Section. PART 3 EXECUTION Not Applicable to this Section. END OF SECTION ROOF REPLACEMENT PROJECT PRODUCT WARRANTIES AND BONDS ROSEMEAD COMMUNITY RECREATION CENTER 01785-1 SECTION 01785 PRODUCT WARRANTIES AND BONDS PART 1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including Contract General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SECTION INCLUDES A. General administrative and procedural requirements for preparation and submission of warranties and bonds required by the Contract Documents, including manufacturer's standard warranties on products and special Project warranties. 1. Refer to the Contract General Conditions for terms of Contractor's special warranty of workmanship and materials. 1.3 RELATED DOCUMENTS AND SECTIONS A. Section 01330 -Submittals Procedures: General administrative requirements for submittals, applicable to warranties and bonds. B. Section 01770 -Contract Closeout Procedures: General requirements for closeout of the Contract. C. Section 01783 -Operation and Maintenance Data: Operating and maintenance data binders, to include copies of warranties and bonds. D. Product Specifications Sections in Divisions 2 through 16: Special Project warranty requirements for specific products or elements of the Work; commitments and agreements for continuing services to City. 1.4 DEFINITIONS A. Warranty: Assurance to City by Contractor, installer, supplier, manufacturer or other party responsible as warrantor, for the quantity, quality, performance and other representations of a product, system service of the Work, in whole or in part, for the duration of the specified period of time. B. Guaranty: Assurance to City by Contractor or product manufacturer or other specified party, as guarantor, that the specified warranty will be fulfilled by the guarantor in the event of default by the warrantor. C. Standard Product Warranty: Preprinted, written warranty published by product manufacturer for particular products and specifically endorsed by the manufacturer to the City. D. Special Special Project Warranty: Written warranty required by or incorporated into Contract Documents, to extend time limits provided by standard warranty or to provide greater rights for City. ROOF REPLACEMENT PROJECT PRODUCT WARRANTIES AND BONDS ROSEMEAD COMMUNITY RECREATION CENTER 01785-2 E. Guaranty Period: As defined in the Contract General Conditions, guaranty period shall be synonymous with "warranty period", "correction period" and similar terms used in the Contract Specifications. 1.5 WARRANTIES AND GUARANTIES A. Warranties and Guaranties, General: Provide all warranties and guaranties with City named as beneficiary. For equipment and products, or components thereof, bearing a manufacturer's warranty or guaranty that extends for a period of time beyond the Contractor's warranty and guaranty, so state in the warranty or guaranty. B. Provisions for Special Warranties: Refer to Contract General Conditions for terms of the Contractor's special warranty of workmanship and materials. C. General Warranty and Guaranty Requirements: Warranty shall be an agreement to repair or replace, without cost and undue hardship to City, Work performed under the Contract which is found to be defective during the guaranty period (warranty or guaranty) period. Repairs and replacements due to improper maintenance or operation, or due to normal wear, usage and weathering are excluded from warranty requirements unless otherwise specified. D. Specific Warranty and Guaranty Requirements: Specific requirements are included in product Specifications Sections of Divisions 2 through 16, including content and limitations. E. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on product warranties and guaranties shall not relieve Contractor of responsibility for warranty and guaranty requirements for the Work that incorporates such products, nor shall they relieve suppliers, manufacturers, and installers required to countersign special warranties with Contractor. F. Related Damages and Losses: When correcting warranted Work that has been found defective, remove and replace other Work that has been damaged as a result of such defect or that must be removed and replaced to provide access for correction of warranted Work. G. Reinstatement of Warranty: When Work covered by a warranty has been found defective and has been corrected by replacement or rebuilding, reinstate the warranty by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation. H. Replacement Cost: Upon determination that Work covered by a warranty has been found to be defective, replace or reconstruct the Work to a condition acceptable to City’s Representative, complying with applicable requirements of the Contract Documents. Contractor shall be responsible for all costs for replacing or reconstructing defective Work regardless of whether City has benefited from use of the Work through a portion of its anticipated useful service life. I. City’s Recourse: Written warranties made to City shall be in addition to implied warranties, and shall not limit the duties, obligations, rights and remedies otherwise available under law, nor shall warranty periods be interpreted as limitations on time in which City can enforce such other duties, obligations, rights, or remedies. 1. Rejection of Warranties: City reserves the right to reject warranties and to limit ROOF REPLACEMENT PROJECT PRODUCT WARRANTIES AND BONDS ROSEMEAD COMMUNITY RECREATION CENTER 01785-3 selections to products with warranties not in conflict with requirements of the Contract Documents. J. Warranty as Condition of Acceptance: City reserves the right to refuse to accept Work for the Project where a special warranty, certification, or similar commitment shall be required on such Work or part of the Work, until evidence is presented that entities required to countersign such commitments are willing to do so. 1.6 PREPARATION OF WARRANTY AND BOND SUBMITTALS A. Project Warranty and Guaranty Forms: Forms for special Project warranties and guaranties are included at the end of this Section. Prepare written documents utilizing the appropriate form, ready for execution by the Contractor, or the Contractor and subcontractor, supplier or manufacturer. Submit a draft to City’s Representative for approval prior to final execution. 1. Refer to product Specifications Sections of Divisions 2 through 16 for specific content requirements, and particular requirements for submittal of special warranties. 2. Prepare standard warranties and guaranties, excepting manufacturers' standard printed warranties and guaranties, on Contractor's, subcontractor's, material supplier's, or manufacturer's own letterhead, addressed to City as directed by City’s Representative. 3. Warranty and guaranty letters shall be signed by all responsible parties and by Contractor in every case, with modifications only as approved in advance by City’s Representative to suit the conditions pertaining to the warranty or guaranty. B. Manufacturer's Guaranty Form: Manufacturer's guaranty form may be used instead of special Project form included at the end of this Section. Manufacturer's guaranty form shall contain appropriate terms and identification, ready for execution by the required parties. 1. If proposed terms and conditions restrict guaranty coverage or require actions by City beyond those specified, submit draft of guaranty to City’s Representative for review and acceptance before performance of the Work. 2. In other cases, submit draft of guaranty to City’s Representative for approval prior to final execution of guaranty. C. Signatures: Signatures shall be by person authorized to sign warranties, guaranties and bonds on behalf of entity providing such warranty, guaranty or bond. D. Co-Signature: All installer's warranties and bonds shall be co-signed by Contractor. Manufacturer's guaranties will not require co-signature. 1.7 FORM OF WARRANTY AND BOND SUBMITTALS A. Form of Warranty and Bond Submittals: Prior to final Application and Certificate for Payment, collect and assemble all written warranties and guaranties into binders and deliver binders to City, as directed by City’s Representative, for final review and acceptance. 1. Prior to submission, verify that documents are in proper form and contain all required information and are properly signed by Contractor, subcontractor, supplier and manufacturer, as applicable. ROOF REPLACEMENT PROJECT PRODUCT WARRANTIES AND BONDS ROSEMEAD COMMUNITY RECREATION CENTER 01785-4 2. Organize warranty and guaranty documents into an orderly sequence based on the Table of Contents of the Project Manual. 3. Include Table of Contents for binder, neatly typed, following order and Section numbers and titles as used in the Project Manual. 4. Bind warranties, guaranties and bonds in heavy-duty, commercial quality, durable 3-ring vinyl covered loose-leaf binders, thickness as necessary to accommodate contents, with clear front and spine to receive inserts, and sized to receive 8-1/2 inch by 11-inch paper. 5. Provide heavy paper dividers with celluloid or plastic covered tabs for each separate warranty. Mark tabs to identify products or installation, and Section number and title. 6. Include on separate typed sheet, if information is not contained in warranty or guaranty form, a description of the product or installation, and the name, address, telephone number and responsible person for applicable installer, supplier and manufacturer. 7. Identify each binder on front and spine with typed or printed inserts with title "WARRANTIES AND BONDS", the Project title or name, and the name of the Contractor. If more than one volume of warranties, guaranties and bonds is produced, identify volume number on binder. 8. When operating and maintenance data manuals are required for warranted construction, include additional copies of each required warranty and guaranty in each required manual. Coordinate with requirements specified in Section 01783 -Operation and Maintenance Data. 1.8 TIME OF WARRANTY AND BOND SUBMITTALS A. Submission of Preliminary Copies: Unless otherwise specified, obtain preliminary copies of warranties, guaranties and bonds within ten days of completion of applicable item or Work. Prepare and submit preliminary copies for review as specified herein. B. Submission of Final Copies: Submit fully executed copies of warranties, guaranties and bonds within ten days of date identified in Notice of Completion but no later than three days prior to date of final Application for Payment. C. Date of Warranties and Bonds: Unless otherwise directed or specified, commencement date of warranty, guaranty and bond periods shall be the date established in the Notice of Completion. 1. Warranties for Work accepted in advance of date stated in Notice of Completion: When a designated system, equipment, component parts or other portion of the Work is completed and occupied or put to beneficial use by City’s Representative, by separate agreement with Contractor, prior to completion date established in the Notice of Completion, submit properly executed warranties to City, as directed by City’s Representative, within ten days of completion of that designated portion of the Work. List date of commencement of warranty, guaranty or bond period as the date established in the Notice of Completion. ROOF REPLACEMENT PROJECT PRODUCT WARRANTIES AND BONDS ROSEMEAD COMMUNITY RECREATION CENTER 01785-5 2. Warranties for Work not accepted as of date established in the Notice of Completion: Submit documents within ten days after acceptance, listing date of acceptance as beginning of warranty, guaranty or bond period. D. Duration of Warranties and Guaranties: Unless otherwise specified or prescribed by law, warranty and guaranty periods shall be not less than the guaranty period required by the Contract General Conditions, but in no case less than one year from the date established for completion of the Project in the Notice of Completion. See product Specifications Sections in Divisions 2 through 16 of the Project Manual for extended warranty and guaranty beyond the minimum one year duration. PART 2 PRODUCTS Not Applicable to this Section. PART 3 EXECUTION Not Applicable to this Section. END OF SECTION ROOF REPLACEMENT PROJECT CONTRACT CLOSEOUT PROCEDURES ROSEMEAD COMMUNITY RECREATION CENTER 01770-1 SECTION 01770 CONTRACT CLOSEOUT PROCEDURES PART 1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including Contract General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SECTION INCLUDES A. Contract closeout procedures, including Contract Closeout meetings, correction ("punch") lists, submittals and final payment procedures. 1.3 RELATED SECTIONS A. Section 01330 -Submittals Procedures: General requirements for submittals. B. Section 01785 -Warranties and Bonds: Documents to be submitted as part of Contract closeout. 1.4 FINAL COMPLETION ACTIONS A. Contractor Responsibility: Contractor shall be solely responsible for the timely completion of all required Contract close-out items. B. Warranties, Bonds and Certificates: Submit specific warranties, guarantees, workmanship bonds, maintenance agreements, final certifications and similar documents. C. Locks and Keys: Change temporary lock cylinders over to permanent keying and transmit keys to City, unless otherwise directed or specified. D. Tests and Instructions: Complete start-up testing of systems, and instruction of the City’s personnel. Remove temporary facilities from the site, along with construction tools, mockups, and similar elements. 1.5 CONTRACT COMPLETION REVIEW A. Contractor's Notification for Contract Completion Review: When the Contractor determines that the Work is complete in accordance with Contract Documents, the Contractor shall submit to City’s Representative and Architect written certification that the Contract Documents have been reviewed, the Work has been inspected by the Contractor and by authorities having jurisdiction, and the facility is ready for the Contract Completion review. B. Preliminary Contract Closeout Review Meeting: City’s Representative and, Architect and Architect's and City’s representatives and consultants, as appropriate, will attend a a meeting at the Project site to review Contract closeout procedures and to review the items to be completed and corrected (Action List) to make the Work ready for acceptance by the City. C. Action List (Punch List): Contractor shall prepare and distribute at the preliminary Contract closeout review meeting, a typewritten, comprehensive list of items to be completed and ROOF REPLACEMENT PROJECT CONTRACT CLOSEOUT PROCEDURES ROSEMEAD COMMUNITY RECREATION CENTER 01770-2 corrected (Action List) to make the Work ready for acceptance by the City. 1. The Action List shall include all items to be completed or corrected prior to the Contractor's application for final payment. 2. The Action List shall identify items by location (room number or name) and consecutive number. For example, 307-5 would identify item 5 in Room 307, Roof-4 would identify item 4 on Roof. 3. Contractor shall prepare separate lists according to categories used for Drawings. For example, provide lists for Architectural, Structural, Mechanical (HVAC), Plumbing, Fire Protection (sprinkler) system, Electrical and Equipment. 4. Architect, Architect's consultants and City’s consultants, if in attendance, shall conduct a brief walk-through of Project with the Contractor to review scope and adequacy of the Action List. 5. Verbal comments will be made to the Contractor by the Architect and the Architect's and City’s consultants, if in attendance, during the walk-through. These comments will indicate generally the additions and corrections to be made to the Action List. Such comments shall not be considered to be comprehensive. Contractor shall use the comments as guidance in preparing the Action List for the Contract Completion review. 6. The Action List shall assign an action-responsibility and a projected actioncompletion date to each item. 7. Items to be considered shall include but not be limited to: Corrections to construction. Operation and maintenance data (manuals). HVAC testing and balancing reports. Spare parts and extra materials. Warranties and guaranties. Project record Drawings and Specifications. Project record construction schedule. State Fire Marshal Inspection if applicable. Other regulatory inspections. Removal of construction facilities and temporary controls. Final cleaning and pest control. Landscape maintenance. Commissioning/equipment startup. Demonstration and training. Acceptance. Final application for payment. Occupancy by City. Other close-out items specified. D. Contract Completion Meeting: On a date mutually agreed by City’s Representative, Architect and Contractor, a meeting shall be conducted at the Project site to determine whether the Work is satisfactory and has achieved Contract Completion. 1. Contractor shall provide minimum 7 calendar days notice City’s Representative and ROOF REPLACEMENT PROJECT CONTRACT CLOSEOUT PROCEDURES ROSEMEAD COMMUNITY RECREATION CENTER 01770-3 Architect for requested date of Contract Completion meeting. 2. Architect and the Architect's consultant and City’s consultants, as authorized by City, will attend the Contract Completion meeting. 3. In addition to conducting a walk-through of the facility and reviewing the Action List, the purpose of the meeting shall include submission of warranties, guarantees and bonds to City, submission of operation and maintenance data (manuals), provision of specified extra materials to City, and submission of other Contract closeout documents and materials as required and if not already submitted. 4. Architect and Architect's consultants, as appropriate, will conduct a walk-through of the facility with the City’s Representative and Contractor to review the Action List. 5. Contractor shall correct the Action List and record additional items as may identified during the walk-through, including notations of corrective actions to be taken. 6. Contractor shall retype the Action List and distribute it within 5 calendar days to those attending the meeting. E. Uncorrected Work: Refer to requirements specified in Section 01450 -Quality Control regarding Contract adjustments for non-conforming Work. F. Clearing and Cleaning: Prior to the Contract Completion review, Contractor shall conduct a thorough cleaning and clearing of the Project area, including removal of construction facilities and temporary controls. Refer to Section 01740 -Cleaning Requirements. G. Inspection and Testing: Prior to the Contract Completion review, complete inspection and testing required for the Work, including securing of approvals by authorities having jurisdiction. 1. Complete all inspections, tests, balancing, sterilization and cleaning of plumbing and HVAC systems. 2. Complete inspections and tests of electrical power and signal systems. 1.6 FINAL COMPLETION SUBMITTALS A. Final Completion Submittals: Prior to application for Final Payment, Contractor Contractor shall submit the following. B. Agency Document Submittals: Submit to City all documents required by authorities having jurisdiction, including serving utilities and other agencies. Submit original versions of all permit cards, with final sign-off by inspectors. Submit all certifications of inspections and tests. C. Final Specifications Submittals: Submit to City all documents and products required by Specifications to be submitted, including the following: 1. Project record drawings and specifications. 2. Operating and maintenance data. ROOF REPLACEMENT PROJECT CONTRACT CLOSEOUT PROCEDURES ROSEMEAD COMMUNITY RECREATION CENTER 01770-4 3. Guarantees, warranties and bonds. 4. Keys and keying schedule. 5. Spare parts and extra stock. 6. Test reports and certificates of compliance. D. Certificates of Compliance and Test Report Submittals: Submit to City’s Representative certificates and reports as specified and as required by authorities having jurisdiction, including but not limited to the following: 1. Sterilization of water systems. 2. Sanitary sewer system tests. 3. Gas system tests. 4. Lighting, power and signal system tests. 5. Ventilation equipment and air balance tests. 6. Fire sprinkler system tests. 7. Roofing inspections and tests. E. Subcontractors List: Submit two copies of updated Subcontractor and Materials Supplier List to City’s Representative and one copy to Architect. F. Warranty Documents: Prepare and submit to City all warranties and bonds as specified in Section 01785 -Product Warranties and Bonds. G. Service Agreements and Service Contracts: Submit to City’s Representative. 1.7 FINAL PAYMENT A. Final Payment: After completion of all items listed for completion and correction, after submission of all documents and products and after final cleaning, submit final Application for Payment, identifying total adjusted Contract Sum, previous payments and sum remaining due. Payment will not be made until the following are accomplished: 1. All Project Record Documents have been received and accepted by City’s Representative. 2. All extra materials and maintenance stock have been transferred and received by City. 3. All warranty documents and operation, maintenance data, service agreements, maintenance contracts and salvage materials have been received and accepted by City’s Representative. PART 2 PRODUCTS Not Applicable to this Section. ROOF REPLACEMENT PROJECT CONTRACT CLOSEOUT PROCEDURES ROSEMEAD COMMUNITY RECREATION CENTER 01770-5 PART 3 EXECUTION Not Applicable to this Section. END OF SECTION ROOF REPLACEMENT PROJECT TEMPORARY BARRIERS AND ENCLOSURES ROSEMEAD COMMUNITY RECREATION CENTER 01560-1 SECTION 01560 TEMPORARY BARRIERS AND ENCLOSURES PART 1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including Contract General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SECTION INCLUDES A. Temporary construction barriers, enclosures and passageways. 1. Dust and debris barriers. 2. Security barriers. 3. Temporary chainlink fencing. 4. Covered passageways. B. Protection of completed Work. C. Removal of construction facilities and temporary controls. 1.3 RELATED SECTIONS A. Section 01100 -Summary of the Work: Contractor's use of site and premises. B. Section 01550 -Vehicular Access and Parking: Construction parking restrictions. C. Section 01560 -Temporary Barriers and Enclosures: Temporary construction barriers, enclosures and passageways. D. Section 01568 -Tree and Plant Protection: Requirements for barriers and and covers at existing trees, shrubs and ground covers. E. Section 01570 -Temporary Controls: General requirements for protection of existing conditions and run-off control. F. Section 01580 -Project Identification and Signage: Directional and informational signage. 1.4 CODES AND REGULATIONS A. California Building Code (CBC): Comply with California Building Code (CBC) Chapter 33, Section 3303 -Protection of Pedestrians During Construction or Demolition. B. Fire Regulations: Comply with requirements of fire authorities having jurisdiction, including California Fire Code (CFC) Article 87 during performance of the Work. ROOF REPLACEMENT PROJECT TEMPORARY BARRIERS AND ENCLOSURES ROSEMEAD COMMUNITY RECREATION CENTER 01560-2 C. Safety Regulations: Comply with requirements of all applicable Federal, State and local safety rules and regulations. Contractor shall be solely responsible for jobsite safety. D. Barricades and Barriers: As required by governing authorities having jurisdiction, provide substantial barriers, guardrails and enclosures around Work areas and adjacent to embankments and excavations for protection of workers and the public. 1.5 PROTECTION OF EXISTING CONDITIONS A. Protection of Adjacent Facilities: Contractor shall restrict Work to limits indicated on the Drawings and as specified in Section 01100 -Summary of the Work: Protect existing, adjacent facilities from damage, including soiling and debris accumulation. B. Protection of Existing Furniture, Fixtures and Equipment: As applicable, provide temporary enclosures, barriers and covers to protect existing furniture, fixtures and equipment remaining in Project area during construction. 1.6 MAINTENANCE OF CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS A. Maintenance: Use all means necessary to maintain temporary barriers and enclosures in proper and safe condition throughout progress of the Work. B. Replacement: In the event of loss or damage, promptly restore temporary barriers and enclosures by repair or replacement at no change in the Contract Sum or Contract Time. 1.7 TEMPORARY BARRIERS, ENCLOSURES AND PASSAGEWAYS A. Temporary Barriers, General: Provide temporary fencing, barriers and guardrails as necessary to provide for public safety, to prevent unauthorized entry to construction areas and to protect existing facilities and adjacent properties from damage from construction operations. 1. Refer to temporary fencing and phasing plan in the Drawings. Comply with requirements indicated. 2. Note requirements for continued occupancy and use of existing buildings and site areas during construction. 3. Comply with applicable requirements of California Building Code (CBC) and of authorities having jurisdiction, including industrial safety regulations. Review requirements with City's Representative. 4. Maintain unobstructed access to fire extinguishers, fire hydrants, temporary fireprotection facilities, stairways, and other access routes for firefighting. 5. Paint temporary barriers and enclosures with appropriate colors, graphics, and warning signs to inform personnel and public of possible hazard. 6. Where appropriate and necessary, provide warning lighting, including flashing red or amber lights. B. Temporary Chainlink Fencing: Provide temporary portable chain-link fencing with windscreen. ROOF REPLACEMENT PROJECT TEMPORARY BARRIERS AND ENCLOSURES ROSEMEAD COMMUNITY RECREATION CENTER 01560-3 1. Portable Chain-Link Fencing: Minimum 2-inch (50-mm) 11-gage, galvanized steel, chain-link fabric fencing; minimum 8 feet (2.4 m) high with galvanized steel pipe posts; minimum 2-3/8-inch-(60-mm-) OD line posts and 2-7/8-inch-(73-mm-) OD corner and pull posts, with 1-5/8-inch-(42-mm-) OD top and bottom rails. a. Provide concrete or galvanized steel bases for supporting posts. b. Provide protective barriers at bases to prevent tripping by pedestrians. 2. Windscreen on Chain-Link Fencing: For screening of construction activities from view, equivalent to the following: a. Specified manufacturer: Collins Company, Fullerton, CA (714/870-9779). b. Acceptable manufacturers: None identified. Equivalent products of other manufacturers will be considered in accordance with the "or equal" provision specified in Section 01610 -Basic Product Requirements. c. Windscreen fabric: Closed mesh weave of 30 warp by 16 fills per square inch. 1) Fiber: 5.6 ounce per square yard polypropylene fiber. 2) Shade factor: 78 percent. 3) Tensile strength: 360 pounds for warp and 190 pounds for fill, when tested according to ASTM D1682, grab method. 4) Tear strength: 110 pounds for warp and 70 pounds for fill, when tested according to ASTM D2263, trapezoidal method. d. Fabric fabrication: 1) Reinforce hems and seams with 2-3/4 inch black polypropylene folded binding tape, with tensile strength of 300 pounds. 2) Provide center reinforcing tape in addition to reinforced perimeter hems and panel seams. 3) Sew hems and seams with UV light resistant polyester thread. 4) Provide 9/32-inch brass grommets spaced at 12-inches on center in perimeter hems and center reinforcing tape. e. Secure windscreen to fence at all grommets. f. Locate windscreen on outside of fence. C. Tarpaulins: Fire-resistive labeled with flame-spread rating of 15 or less. D. Covered Passageways: Erect a structurally adequate, protective, covered walkways for passage of persons along adjacent passageways. 1. Coordinate installation details with City's requirements for continuing operations in adjoining facilities. ROOF REPLACEMENT PROJECT TEMPORARY BARRIERS AND ENCLOSURES ROSEMEAD COMMUNITY RECREATION CENTER 01560-4 2. Review design and details with City's Representative. 3. Comply with applicable regulations of authorities having jurisdiction. 4. Construct covered walkways using scaffold or shoring framing. 5. Provide wood-plank overhead decking, protective plywood enclosure walls, handrails, barricades, warning signs, lights, safe and well-drained walkways, and similar provisions for protection and safe passage. 6. Extend back wall beyond the structure to complete enclosure fence. 7. Paint and maintain in a manner as directed by City's Representative. E. Temporary Wood Fencing: Erect a structurally adequate, protective wood fencing in compliance with California Building Code (CBC) Chapter 33, Section 3303.7 -Pedestrian Protection. Wood fencing shall be provided as required by Table 33-A. 1. Materials: As required by CBC Section 3303.7. 2. Finishes: As acceptable to City’s Representative. Fence where exposed to public view shall receive minimum of one coat wood primer and one coat semi-gloss paint, color(s) as directed by City’s Representative. F. Temporary Closures: Provide temporary closures for protection of construction, in progress and completed, from exposure, foul weather, other construction operations, and similar activities. Provide temporary weathertight enclosure for building exterior. 1. Where heating or cooling is needed and permanent enclosure is not complete, provide insulated temporary enclosures. Coordinate closures with ventilating and material drying or curing requirements to avoid dangerous conditions and effects such as mold. 2. Vertical openings: Close openings of 25 sq. ft. (2.3 sq. m) or less with plywood or similar materials. 3. Horizontal openings: Close openings in floor or roof decks and horizontal surfaces with load-bearing, wood-framed construction. 4. Install tarpaulins securely using wood framing and other suitable materials. 5. Where temporary wood or plywood enclosure exceeds 100 sq. ft. (9.2 sq. m) in area, use fire-retardant-treated material for framing and main sheathing. G. Temporary Partitions: Erect and maintain temporary partitions and temporary closures to limit dust and dirt migration, including migration into existing facilities, to separate areas from fumes and noise and to maintain fire-rated separations. 1. Dust barriers: Construct dustproof, floor-to-ceiling partitions of not less than nominal 4-inch (100-mm) studs, 2 layers of 3-mil (0.07-mm) polyethylene sheets, inside and outside temporary enclosure. a. Overlap and tape full length of joints. ROOF REPLACEMENT PROJECT TEMPORARY BARRIERS AND ENCLOSURES ROSEMEAD COMMUNITY RECREATION CENTER 01560-5 b. Include 5/8-inch thick gypsum board at temporary partitions serving as noise barrier. c. Insulate partitions to minimize noise transmission to adjacent occupied areas. d. Seal joints and perimeter of temporary partitions. 2. Dust barrier passages: Where passage through dust barrier is necessary, provide gasketed doors or heavy plastic sheets that effectively prevent air passage. a. Construct a vestibule and airlock at each entrance to temporary enclosure with not less than 48 inches (1219 mm) between doors. b. Maintain water-dampened foot mats in vestibule where passage leads to existing occupied spaces. c. Equip doors with security locks. 3. Fire-rated temporary partitions: Maintain fire-rated separations, including corridor walls and occupancy separations, by construction of stud partitions with gypsum board faces. a. Construction details shall comply with recognized time-rated fire-resistive construction. Typically, 1-hour rated partitions shall be 2x4 wood studs at 16-inches on center or 3-1/2 inch metal studs at 16-inches on center, with 5/8-inch thick Type X gypsum board at both faces, with joints filled, taped and topped. b. Seal partition perimeters with acceptable fire stopping and smoke seal materials. c. Construct fire-rated temporary partitions whenever existing time-rate fireresistive construction is removed for 12 hours or more. H. HVAC Protection: Provide dust barriers at HVAC return grilles and air inlets to prevent spread of dust and clogging of filters. I. Temporary Floor Protection: Protect existing floors from soiling and damage. 1. Cover floor with 2 layers of 3-mil (0.07-mm) polyethylene sheets, extending sheets 18 inches (460 mm) up the side walls. 2. Cover polyethylene sheets with 3/4-inch (19-mm) fire-retardant plywood. 3. Provide floor mats to clean dust from shoes. J. Landscape Barriers: Provide barriers around trees and plants designated to remain. Coordinate with requirements specified in Section 01568 -Tree and Plant Protection. 1. Locate barriers as directed outside of drip lines of trees and plants. 2. Protect entire area under trees against vehicular traffic, stored materials, dumping, ROOF REPLACEMENT PROJECT TEMPORARY BARRIERS AND ENCLOSURES ROSEMEAD COMMUNITY RECREATION CENTER 01560-6 chemically injurious materials, and puddling or continuous running water. 3. Contractor shall pay all costs to restore trees and plants within barriers that are damaged by construction activities. Restoration shall include replacement with plant materials of equal quality and size. Costs shall include all fines, if any, levied by authorities having jurisdiction. K. Barricades, Warning Signs and Lights, General: Comply with standards and Code requirements for erection of structurally adequate barricades. Paint barricades with appropriate colors, graphics and warning signs to inform personnel and the public of the hazard being protected against. Where appropriate and needed provide lighting, including flashing red or amber lights. L. Guard Rails: Provide guard rails along tops of embankments and excavations. Along public walkways and areas accessible by the public, adjoining excavations, provide guardrails in addition to fencing. 1. Guardrails shall be substantially and durably constructed of lumber, firmly anchored by posts embedded in concrete, and complying with Code requirements for temporary barriers. 2. Guardrails shall comply with dimensional requirements and accommodate loads as prescribed by California Building Code (CBC) for permanent guardrails. M. Security Closures and Lockup: Provide substantial temporary closures of openings in exterior surfaces and interior areas as appropriate to prevent unauthorized entrance, vandalism, theft and similar violations of security. Provide doors with self-closing hardware and locks. 1. Storage: Where materials and equipment must be stored, and are of value or attractive for theft, provide a secure lockup. Enforce discipline in connection with the installation and release of material to minimize the opportunity for theft and vandalism. N. Weather Closures: Provide temporary weather-tight closures at exterior openings to prevent intrusion of water, to create acceptable working conditions, to protect completed Work and to maintain temporary heating, cooling and ventilation. Provide access doors with selfclosing hardware and locks. O. Temporary Access, Passage and Exit Ways: Construct temporary stairs, ramps, and covered walkways, with related doors, gates, closures, guardrails, handrails, lighting and protective devices, to maintain access and exit ways to existing facilities to remain operational. 1. Design and location of temporary construction shall be by Contractor, subject to review by City's Representative and authorities having jurisdiction. 2. Provide temporary lighting, illuminated interior exit signage, non-illuminated directional and instructional signage, and temporary security alarms for temporary exits and exit passageways. 3. Temporary measures shall suit and connect to existing building systems, and shall be approved by City's Representative and authorities having jurisdiction. ROOF REPLACEMENT PROJECT TEMPORARY BARRIERS AND ENCLOSURES ROSEMEAD COMMUNITY RECREATION CENTER 01560-7 1.8 PROTECTION OF INSTALLED WORK A. Protection of Installed Work, General: Provide temporary protection for installed products. Control traffic in immediate area to minimize damage. B. Protective Coverings: Provide protective coverings at walls, projections, jambs, sills, and soffits of openings as necessary to prevent damage from construction activities, such as coatings applications, and as necessary to prevent other than normal atmospheric soiling. C. Traffic Protection: 1. Protect finished floors, stairs and other surfaces from traffic, soiling, wear and marring. 2. Provide temporary covers of plywood, reinforced kraft paper or temporary rugs and mats, as necessary. Temporary covers shall not slip or tear under normal use. 3. Prohibit traffic and storage on waterproofed and roofed surfaces and on landscaped areas. 4. Protect newly fine graded, seeded and planted areas with barriers and flags to designate such areas as closed to pedestrian and vehicular traffic. 1.9 REMOVAL OF TEMPORARY BARRIERS AND ENCLOSURES A. Removal of Temporary Barriers and Enclosures: Unless otherwise mutually agreed by City’s Representative and Contractor, remove temporary materials, equipment, services, and construction prior to Contract Completion review. Coordinate removal with requirements specified in Section 01510 -Temporary Utilities, and Section 01560 -Temporary Barriers and Enclosures. B. Cleaning and Repairs: Clean and repair damage, soiling and marring caused by installation or use of temporary barriers and enclosures. PART 2 PRODUCTS Not applicable to this Section. PART 3 EXECUTION Not applicable to this Section. END OF SECTION ROOF REPLACEMENT PROJECT PROJECT IDENTIFICATION AND SIGNAGE ROSEMEAD COMMUNITY RECREATION CENTER 01580-1 SECTION 01580 PROJECT IDENTIFICATION AND SIGNAGE PART 1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including Contract General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. B. The following Additional General Requirements amend or supplement the General Requirements, and absent a conflict or contradiction between the same, the General Requirements shall remain in full force and effect. In the event of a conflict or contradiction between the Additional General Requirements and General Requirements, the within Additional General Requirements shall take precedence, and other provisions of the General Requirements shall remain in full force and effect. C. Comply with the General Requirements and the following. D. Furnish, install and maintain temporary project identification and informational signs. E. The following signs shall be provided: 1. One (1) 4 feet x 6 feet Project Identification Sign at the project site. Location to be determined by the CITY. F. No signs, except those specified, shall be displayed, unless otherwise approved by the CITY. 1.2 SECTION INCLUDES A. On-site Project identification and informational signs. 1.3 RELATED SECTIONS A. Section 01520 -Construction Facilities: Coordination of signage with field offices and sheds. B. Section 01550 -Vehicular Access and Parking: Coordination of signage with construction parking. C. Section 01560 -Temporary Barriers and Enclosures D. Section 01567 -Security Measures: Personnel identification badges. ROOF REPLACEMENT PROJECT PROJECT IDENTIFICATION AND SIGNAGE ROSEMEAD COMMUNITY RECREATION CENTER 01580-2 1.4 SUBMITTALS A. Shop Drawings: In compliance with directions from City’s Representative, prepare and submit site plan locating temporary project identification B. Submit for acceptance the following: 1. Contents. 2. Type of grade of materials. 3. Layout, size, trim, framing, supports and coatings. 4. Size and style of lettering. 5. Samples of colors. PART 2 PRODUCTS 2.1 SIGN MATERIALS A. Sign Structure and Framing: New materials, wood or metal, structurally adequate to support sign panel and suitable for specified finish. B. Sign Surfaces: Minimum 3/4-inch thick, exterior grade, softwood plywood with medium or high density phenolic sheet overlay, standard large sizes to eliminate joints. Provide sheet thickness as required to span across framing members and provide even, smooth surface without waves or buckles. C. Rough Hardware: Hot-dip galvanized steel. D. Paint, Sign Face: Exterior quality primer and gloss enamel finish, as customarily used for sign painting, adequate to resist weathering and fading for the scheduled construction period. E. Paint, Sign Structure: Exterior quality, primer and flat finish paint, adequate to resist weathering and fading for scheduled construction period. 2.2 PROJECT IDENTIFICATION SIGN A. Project Identification Sign: As directed, provide one painted Project Identification Sign of the size and construction indicated on graphic to be provided by the City. 1. Graphic design, text, style of lettering, and colors shall be as directed; assume 4 colors and special graphic for Project title. 2. Sign shall identify project name, project number, City’s name, Architect's name and Contractor's name. 3. Include corporate logos of parties identified on sign. B. Project Address Signs: Provide Project name and street address signs, minimum of 4 feet wide, to identify Project to facilitate deliveries. 1. Graphic design and colors shall match Project Identification Sign. 2. Text shall be as directed. C. Sign Painting: Sign panels shall be shop painted and field installed. ROOF REPLACEMENT PROJECT PROJECT IDENTIFICATION AND SIGNAGE ROSEMEAD COMMUNITY RECREATION CENTER 01580-3 1. Sign painting shall be performed by professional sign painters. Silk screen method is recommended in order to accurately depict graphics. 2. Paint back and edges of sign panels for complete weather resistance and finished appearance. 2.3 PROJECT INFORMATIONAL SIGNS A. Restrictions: Signs other than Project Identification Sign specified above and Project Informational Signs specified below shall not be displayed without approval of City’s Representative. B. Project Informational Signs: Informational signs, necessary for conduct of construction activities or required by governmental authorities having jurisdiction may be displayed when in conformance to sign construction and graphic requirements specified in this Section. 1. City’s Representative may review such signs. If so, review will be for sign construction, and graphic designs only. 2. Adequacy of signage for safety and conformance to requirements requirements of authorities having jurisdiction and trade practices shall be solely Contractor's responsibility. C. Sign Painting: Informational signage shall be produced by professional sign painters and be of size and lettering style consistent with use. Colors shall be as required by authorities having jurisdiction and, if not otherwise required, of colors consistent with Project graphics. 1. Sign Face Finish: Gloss enamel. 2. Structure Finish: Paint exposed surfaces of supports and framing members one coat of primer and one coat of exterior paint, flat finish. PART 3 EXECUTION 3.1 PROJECT IDENTIFICATION SIGN INSTALLATION A. Project Identification Sign Construction: Construct sign support structure and install panels in durable manner, to resist high winds. B. Project Identification Sign Installation: Erect Project Identification Sign on site at a lighted location of high public visibility, adjacent to the main entrance to the site, as approved by City’s Representative. 1. Install sign at height for optimum visibility, on ground-mounted poles or attached to portable structure on skids. 2. Portable structure shall resist overturning force of wind. C. Street Address Signs: Locate and install signs at each access point from public streets. D. Field Painting: Paint all surfaces and edges of sign face and support structure for finished appearance. ROOF REPLACEMENT PROJECT PROJECT IDENTIFICATION AND SIGNAGE ROSEMEAD COMMUNITY RECREATION CENTER 01580-4 3.2 PROJECT INFORMATIONAL SIGNS INSTALLATION A. Project Informational Signs Construction: Construct sign support structure and install panels in durable manner, to resist high winds. B. Project Informational Signs Installation: 1. Locate signs as necessary for construction activities and as required by authorities having jurisdiction. 2. Install informational signs for optimum visibility, on ground-mounted posts or temporarily attached to surfaces of structures. 3. Attachment methods shall leave no permanent disfiguration or discoloration on completed Work. C. Field Painting: Paint all surfaces and edges of sign face and support structure for finished appearance. 3.3 SIGNS MAINTENANCE A. Signs Maintenance: Maintain signs and supports in a neat, clean condition. Repair all damage and weathering to structure, framing and signage. B. Sign Relocation: Relocate signs as required by progress of the Work. 3.4 REMOVAL A. Project Identification Sign Removal: Remove Project Identification Sign when directed. Coordinate removal with requirements specified in Section 01510 -Temporary Utilities, Section 01520 -and Section 01560 -Temporary Barriers and Enclosures. B. Project Informational Signs Removal: Remove all informational signs, framing, supports and foundations prior to Contract Completion review. Coordinate removal with requirements specified in Section 01510 -Temporary Utilities, Section 01520 -and Section 01560 -Temporary Barriers and Enclosures. END OF SECTION ROOF REPLACEMENT PROJECT TEMPORARY UTILITIES ROSEMEAD COMMUNITY RECREATION CENTER 01510-1 SECTION 01510 TEMPORARY UTILITIES PART 1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including Contract General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SECTION INCLUDES A. Temporary utilities and services, including: 1. Heating and cooling during construction. 2. Ventilation during construction. 3. Temporary water service. 4. Temporary sanitary facilities. 5. Temporary power and lighting. 6. Construction telephone service. B. Removal of temporary utilities. 1.3 RELATED SECTIONS A. Section 01100 -Summary of the Work: Contractor's use of site and premises. 1.4 SUBMITTALS A. Temporary Utilities: Submit reports of tests, inspections, applicable meter readings and similar procedures performed on temporary utilities. 1.5 TEMPORARY UTILITIES AND SERVICES A. Temporary Utilities and Services, General: All utilities and other services necessary for proper performance of the Work will be provided by the Contractor. Temporary utilities and services shall conform to all applicable requirements of authorities having jurisdiction and serving utility companies and agencies, including the following: 1. Requirements of authorities having jurisdiction, including: a. Cal OSHA. b. California Building Code (CBC) requirements. c. Health and safety regulations. d. Utility agency and company regulations. e. Police, Fire Department and Rescue Squad rules. ROOF REPLACEMENT PROJECT TEMPORARY UTILITIES ROSEMEAD COMMUNITY RECREATION CENTER 01510-2 f. Environmental protection regulations. 2. Standards: 3. NFPA Document 241 -Building Construction and Demolition Activities. 4. ANSI A10 Series -Safety Requirements for Construction and Demolition. 5. NECA Electrical Design Library -Temporary Electrical Facilities. 6. Refer to "Guidelines for Bid Conditions for Temporary Job Utilities and Services", prepared jointly by AGC and ASC, for industry recommendations. 7. Electrical Service: Comply with NEMA, NECA and UL standards and regulations for temporary electric service. Install service in compliance with California Electrical Code (CEC). B. Inspections: Arrange for authorities having jurisdiction to inspect and test each temporary utility before use. Obtain required certifications and permits. C. Temporary Connections and Fees: Contractor shall arrange for services and pay all fees and service charges for temporary power, water, sewer, gas and other utility services necessary for the Work. 1. Contractor shall apply for and obtain permits for temporary utilities, including permits for temporary generators, from authorities having jurisdiction. 2. All costs for temporary connections, including fees charged by serving utilities, shall be included in Contract Sum. D. Permanent Connections and Fees: Contractor shall arrange for utility agencies and companies to make permanent connections. City will arrange for permanent utility account and pay permanent connection fees. E. Use of Temporary Utilities: Enforce strict discipline in use of temporary utilities to conserve on consumption. Limit use of temporary utilities to essential and intended uses to minimize waste and abuse. 1.6 PROJECT CONDITIONS A. Conditions of Use: Keep temporary services and facilities clean and neat in appearance. Operate in a safe and efficient manner. Take necessary fire prevention measures. Do not overload facilities, or permit them to interfere with progress. Do not allow hazardous, dangerous, or unsanitary conditions, or public nuisances to develop or persist on the site. 1.7 HEATING AND COOLING A. Temporary Heating and Cooling: Provide and pay for temporary heating and cooling devices, fuel and related service charges to provide ambient temperatures as required to maintain conditions necessary for proper performance of construction activities. B. Use of Permanent Heating and Cooling Systems: Permanent heating and cooling equipment may be used after completion, testing and inspection of systems and approval of code authorities having jurisdiction. ROOF REPLACEMENT PROJECT TEMPORARY UTILITIES ROSEMEAD COMMUNITY RECREATION CENTER 01510-3 1. Prior to operation of permanent heating equipment for temporary heating purposes, verify that installation is approved for operation, equipment is lubricated and filters are in place. 2. Contractor shall provide and pay for operation, maintenance and regular replacement of filters and worn or consumed parts. 3. Immediately prior to Contract Completion review, change disposable filters and clean permanent filters of equipment used during construction. C. Temperature Criteria: Maintain interior ambient temperature of minimum 50 degrees F and maximum 80 degrees F, unless otherwise specified or approved by City's Representative. 1.8 VENTILATION DURING CONSTRUCTION A. Ventilation During Construction: Provide and pay for temporary ventilation devices, energy and related service charges. B. Use of Permanent Ventilation Systems: Permanent ventilation equipment may be used after completion, testing and inspection of systems and approval by City’s Representative and authorities having jurisdiction. 1. Prior to operation of permanent ventilation equipment for ventilation purposes during construction, verify that equipment is lubricated and filters are in place. 2. Contractor shall provide and pay for maintenance and regular replacement of filters and worn or consumed parts of permanent ventilation system using for ventilation during construction. 3. Immediately prior to Contract Completion review, change disposable filters and clean permanent filters of equipment used during construction. C. Ventilation Criteria: Ventilate enclosed areas to assist cure of materials, to dissipate humidity and to prevent accumulation of dust, fumes, vapors and gases, as necessary for proper performance of the Work. 1.9 TEMPORARY WATER SERVICE A. Temporary Water Service: Locate and connect to existing water source for temporary construction water service. Extend branch piping with outlets located so that water is available by use of hoses. 1. Locate Locate and connect to existing water source for temporary construction water service, as acceptable to City's Representative. 2. Extend branch piping with outlets located so that water is available by use of hoses. 3. Temporary water service piping, valves, fittings and meters shall comply with requirements of the serving water utility and California Plumbing Code (CPC). 4. All costs to establish temporary construction water system shall be included in the ROOF REPLACEMENT PROJECT TEMPORARY UTILITIES ROSEMEAD COMMUNITY RECREATION CENTER 01510-4 Contract Sum. 5. Temporary water meter shall be provided and installed by Contractor. Contractor shall reimburse City for water use. B. Use of Permanent Water System: Permanent water system may be used for construction water after completion, sterilization, testing and inspection of system and approval by City's Representative and authorities having jurisdiction. 1.10 TEMPORARY SANITARY FACILITIES A. Temporary Sanitary Facilities: Provide and maintain adequate temporary sanitary facilities and enclosures for use by construction personnel. 1. Number of temporary toilets shall be suitable for number of workers. 2. Provide wash-up sink with soap, towels and waste disposal. B. Use of Permanent Sanitary Facilities: Do not use permanent sanitary facilities unless approved by City’s Representative. Immediately prior to Contract Completion review, thoroughly clean and sanitize permanent sanitary facilities used during construction. 1.11 TEMPORARY POWER AND LIGHTING A. Temporary Power and Lighting, General: Comply with NECA Electrical Design Library -Temporary Electrical Facilities. B. Temporary Power: Provide electric service as required for construction operations, with branch wiring and distribution boxes located to provide electrical service for performance of the Work. 1. Provide temporary electric feeder connected to electric utility service at location determined by Contractor and as approved by serving electric utility. 2. Temporary power conduit, raceways, fittings, conductors, panels, connections, disconnects, overcurrent protection, outlets and meters shall comply with requirements of the serving electric utility, California Electrical Code (CEC) and requirements of authorities having jurisdiction. 3. Contractor shall pay all costs to establish temporary electric service. 4. As necessary in order to maintain construction progress, Contractor shall provide and pay all costs associated with generators used for temporary power. C. Temporary Lighting: Provide temporary lighting as necessary for proper performance of construction activities and for inspection of the Work. 1. Provide branch wiring from power source to distribution boxes with lighting conductors, pigtails, and lamps as required. 2. Maintain lighting and provide routine repairs. D. Protection: Provide weatherproof enclosures for power and lighting components as necessary. Provide overcurrent and ground-fault circuit protection, branch wiring and distribution boxes located to allow convenient and safe service about site of the Work. ROOF REPLACEMENT PROJECT TEMPORARY UTILITIES ROSEMEAD COMMUNITY RECREATION CENTER 01510-5 Provide flexible power cords as required. E. Use of Permanent Power and Lighting Systems: Permanent power and lighting systems may be used after completion, testing and inspection of systems and approval by City's Representative and authorities having jurisdiction. 1. Contractor shall maintain lighting and make routine repairs and replacements as necessary. 2. City will pay for reasonable amounts of electricity consumed after permanent power system is operational and approved by authorities having jurisdication. F. Service Disruptions: When necessary for energizing and de-energizing temporary electric power systems, minimize disruption of service to those served by public mains. Schedule transfers at times convenient to City and to occupants. G. Relamping: For permanent lighting used during construction, relamp all fixtures immediately prior to Contract Completion (punchlist) review. 1.12 CONSTRUCTION TELEPHONE SERVICE SERVICE A. Construction Telephone Service: Provide telephone service to Contractor's field staff by means of cellular telephones, pagers and NEXTEL radio service, to enable communications between City's Representative, Project Inspector and Contractor. 1. Include voice message service and paging services. 2. All costs of construction telephone, paging and radio services shall be included in Contract Sum. PART 2 PRODUCTS 2.1 MATERIALS AND EQUIPMENT A. Materials: Provide new materials; if acceptable to the Architect, undamaged previously used materials in serviceable condition may be used. Provide materials suitable for the use intended. Their use and methods of installation shall not create unsafe conditions or violate requirements of applicable codes and standards. B. Equipment: Provide new equipment; or, if acceptable to the City, Contractor may provide undamaged, previously used equipment in serviceable condition. Provide equipment suitable for use intended. PART 3 EXECUTION 3.1 TEMPORARY UTILITIES INSTALLATION A. Temporary Utilities Installation, General: Engage the appropriate local utility company or personnel to install temporary service or connect to existing service. 1. Use Charges: Cost or use charges for temporary facilities are the Contractor's responsibility. B. Water Service: The CONTRACTOR shall not make connection to, or draw water from, ROOF REPLACEMENT PROJECT TEMPORARY UTILITIES ROSEMEAD COMMUNITY RECREATION CENTER 01510-6 any fire hydrant or pipeline without first obtaining permission of the authority having jurisdiction over the use of said fire hydrant or pipeline and from the agency owning the affected water system. For each such connection made, the CONTRACTOR shall first attach to the fire hydrant or pipeline a valve and a meter, if required by the said authority, of a size and type acceptable to said authority and agency. The CONTRACTOR shall pay all permit and water charges. C. Temporary Electric Power Service: The CONTRACTOR shall provide a weatherproof, grounded, temporary power distribution system sufficient to accommodate performance of entire work of project. Provide circuits of adequate size and proper power characteristics for each use; run circuit wiring generally overhead, and rise vertically in locations where it will be least exposed to possible damage from construction operations, and result in least interference with with performance of the work; provide rigid steel conduit or equivalent raceways for wiring which must be exposed on grade, floors, decks, or other recognized exposures to damage or abuse. D. Temporary Telephones: Contractor shall have telephone facility available at its business office for the duration of contract where the Contractor and its superintendent may be contacted. The CONTRACTOR shall permit the CITY REPRESENTATIVE, ENGINEER, the CITY, or their authorized representatives or employees free and unlimited use of said telephone facilities for all calls related to the work that do not involve international toll charges. E. Toilet Facilities: Fixed or portable chemical toilets shall be provided wherever needed for the use of CONTRACTOR’s employees. Toilets at construction job sites shall conform to the requirements of Subpart D, Section 1926.51 of the OSHA Standards for Construction and the Storm Water Pollution Prevention Plan developed for this project. F. Temporary Fire Protection: Until fire protection needs are supplied by permanent facilities, install and maintain temporary fire protection facilities of the types needed to protect against reasonably predictable and controllable fire losses. Comply with NFPA 10 "Standard for Portable Fire Extinguishers," and NFPA 241 "Standard for Safeguarding Construction, Alterations and Demolition Operations." 1. Locate fire extinguishers where convenient and effective for their intended purpose, but not less than one extinguisher on each floor at or near each usable stairwell. 2. Store combustible materials in containers in fire-safe locations. 3. Maintain unobstructed access to fire extinguishers, fire hydrants, temporary fire protection facilities, stairways and other access routes for fighting fires. Prohibit smoking in hazardous fire exposure areas. 4. Provide supervision of welding operations, combustion type temporary heating units, and similar sources of fire ignition. G. Maintenance of Temporary Utilities and Services: Maintain temporary utilities and services in good operating condition until removal. Protect from utilities and services from environmental and physical damage. 3.2 TERMINATION AND REMOVAL OF TEMPORARY UTILITIES AND SERVICES A. Termination and Removal of Temporary Utilities and Services: Unless the Trustees ROOF REPLACEMENT PROJECT TEMPORARY UTILITIES ROSEMEAD COMMUNITY RECREATION CENTER 01510-7 require that it be maintained longer, remove each temporary facility when the need has ended, or when replaced by authorized use of a permanent facility, or no later than Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with the temporary facility. At Completion, clean and renovate permanent facilities that have been used during the construction period. B. Removal of Temporary Underground Utilities and Restoration: Remove temporary underground utility installations to a minimum depth of 2-feet below utility services. 1. Backfill, compact and regrade site as necessary to restore areas or to prepare for indicated paving and landscaping. 2. Restore paving damaged by temporary utilities. Refer to requirements specified in Section 01732 -Cutting and Patching Requirements. C. Cleaning and Repairs: Clean exposed surfaces and repair damage caused by installation and use of temporary utilities and services. Where determined by City's Representative that repair of damage is unsatisfactory, Work, replace construction with matching finishes. Refer to requirements specified in Section 01732 -Cutting and Patching Requirements. END OF SECTION ROOF REPLACEMENT PROJECT PROJECT WASTE MANAGEMENT ROSEMEAD COMMUNITY RECREATION CENTER 01505-1 SECTION 01505 PROJECT WASTE MANAGEMENT PART 1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including Contract General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SECTION INCLUDES A. Prepare, submit and implement a Project Waste Management Plan. 1.3 RELATED SECTIONS A. Section 02050 -Demolition: Building materials to be disposed. B. Section 06100 -Rough Carpentry: Wood waste materials to be disposed. C. Section 09900 – Paints and Coatings: Residual paints and coatings to be disposed. 1.4 WASTE MANAGEMENT GOALS FOR THE PROJECT A. City has established a policy that construction projects shall generate the least amount of waste possible and that processes shall be employed that ensure the generation of as little waste as possible, including prevention of damage due to mishandling, improper storage, contamination, inadequate protection or other factors as well as minimizing over packaging and poor quantity estimating. B. Of the inevitable waste that is generated, the waste materials designated in this specification shall be salvaged for reuse and or recycling. Waste disposal in landfills or incinerators shall be minimized. On new construction projects this means careful recycling of job site waste, on demolition projects this also means careful removal for salvage. 1.5 REGULATORY REQUIREMENTS A. Regulatory Requirements: Conform to California Code of Regulations, Title 14 for disposal and removal of common and hazardous waste. Handle and dispose of all hazardous and banned materials in accordance with the California Integrated Waste Management Act. B. Hazardous and banned materials include but are not limited to asbestos, drywall (banned from disposal), underground storage tanks, Polychlorinated Biphenyls (PCBs), abandoned chemicals (gasoline, pesticides, herbicides, flammable and combustible substances), freon from cooling equipment, lead-based paints, smoke detectors, and mercury containing switches. C. Licensed Facilities: Only those brokerage, storage, transfer and disposal facilities which comply with the requirements of the California Code of Regulations Title 14. ROOF REPLACEMENT PROJECT PROJECT WASTE MANAGEMENT ROSEMEAD COMMUNITY RECREATION CENTER 01505-2 1.6 WASTE MANAGEMENT PLAN A. Waste Management Plan: Within 10 calendar days after execution of the Agreement or receipt of Notice to Proceed, whichever is earlier, Contractor shall submit to the City’s Representative a Waste Management Plan. Attached is a sample format together with sample waste generation rates to aid the Contractor in formulating the Plan. The Contractor may use this form or provide a custom form containing the same information. The Plan shall contain the following: 1. Analysis of the proposed job site waste to be generated, including the types of recyclable and waste materials generated (by volume or weight). In the case of demolition, a list of each item proposed to be salvaged during the course of the project should also be prepared (Refer to the Job Site Recycling Guide for a directory of service providers. This list is not necessarily complete. The Contractor may use any of these or other service providers). 2. Alternatives to Landfilling: Contractor shall designate responsibility for preparing a list of each material proposed to be salvaged, reused, or recycled during the course of the Project (Refer to the Job Site Recycling Guide, Directory section). 3. List of compulsory materials to be recycled, shall include, at minimum, the following materials: a. Old corrugated cardboard. b. Clean dimensional wood, palette wood. c. Scrap Metal. d. Paint (return to Paint Depot). e. List of additional optional materials to be recycled. f. Fluorescent lamps (tubes). g. Landclearing debris. h. List of Materials to be Salvaged (Demolition Projects only). i. Dimensioned Lumber and Heavy Timbers. j. Electric equipment and lighting fixtures. k. Metallic conduit. l. Plumbing fixtures and trim. m. Water service piping. B. Meetings: Contractor shall conduct Project Waste Management meetings. Meetings shall include subcontractors affected by the Waste Management Plan. At a minimum, waste management goals and issues shall be discussed at the following meetings: 1. Pre-bid meeting. 2. Pre-construction meeting. 3. Regular job-site meetings. C. Materials Handling Procedures: Prevent contamination of materials to be recycled and salvaged and handle materials consistent with requirements for acceptance by designated facilities. Where space permits, source separation is recommended. Where materials must be co-mingled they must be taken to a processing facility for separation off site. D. Transportation: The Contractor may engage a hauling subcontractor or self haul or make each subcontractor responsible for their own waste. In any case compliance with these ROOF REPLACEMENT PROJECT PROJECT WASTE MANAGEMENT ROSEMEAD COMMUNITY RECREATION CENTER 01505-3 requirements is mandatory. E. If requested submit, to the City’s Representative way-bills, invoices and other documentation confirming that all materials have been hauled to the required locations. F. Waste Management Plan Implementation: 1. Manager: The Contractor shall designate an on-site party (or parties) responsible for instructing workers and overseeing and documenting results of the Waste Management Plan for the project. 2. Distribution: The Contractor shall distribute copies of the Waste Management Plan to the Job Site Foreman, each subcontractor and the City’s Representative. 3. Instruction: The Contractor shall provide on-site instruction of appropriate separation, handling, and recycling to be used by all parties at the appropriate stages of the Project. a. On demolition projects the Contractor shall provide on-site instructions for salvage and requirements for reusing salvaged materials within the project, either in new construction or in a renovation. b. Separation facilities: The Contractor shall lay out and label a specific area to facilitate separation of materials for recycling and salvage. Recycling and waste bin areas are to be kept neat and clean and clearly marked in order to avoid contamination of materials. c. The requirement for separation will only be waived if the Contractor can demonstrate to the City’s Representative that there is insufficient room to accommodate it. If this is the case the materials must be sent to a processing facility for separation off site. G. Application for Progress Payments: The Contractor shall submit with each Application for Progress Payment a summary of waste materials, recycled, salvaged and disposed of by the Project using the form appended to this specification or a form generated by the Contractor containing the same information. 1. Failure to submit this information shall render the Application for Payment incomplete and shall delay Progress Payment. 2. The Summary shall contain the following information: a. For each material salvaged and recycled from the Project, include the amount (in cubic yards or tons or in the case of salvaged items state quantities by number, type and size of items) and the destination (i.e. recycling facility, used building materials yard). b. For each material land filled or incinerated from the Project, include the amount (in cubic yards or tons) of material and the identity of the landfill, incinerator and/or transfer station. PART 2 PRODUCTS ROOF REPLACEMENT PROJECT PROJECT WASTE MANAGEMENT ROSEMEAD COMMUNITY RECREATION CENTER 01505-4 Not Applicable to this Section. PART 3 -EXECUTION Not Applicable to this Section. END OF SECTION ROOF REPLACEMENT PROJECT CUTTING AND PATCHING ROSEMEAD COMMUNITY RECREATION CENTER 01360-1 SECTION 01360 CUTTING AND PATCHING PART 1 -GENERAL 1.01 SUMMARY A. Provisions of General Conditions, Special Conditions, and Division One apply to this section. B. Section includes Cutting and patching. Execute cutting, fitting or patching of work, required to: 1. Make several parts fit properly. 2. Uncover work to provide for installation of ill-timed work. 3. Remove and replace work not conforming to requirements of contract documents. 4. Remove and replace defective work. 5. Remove samples of installed work as specified for testing. 6. Install specified work in existing construction. C. In addition to specified requirements, upon written instruction of District: 1. Uncover work to provide for City, Inspector and/or Architect's observation of covered work. Remove samples of installed materials for testing. D. Do not endanger any work by cutting or altering work or any part of it. E. Do not cut or alter work of another contractor without written consent of City. 1.02 QUALITY ASSURANCE: A. Comply with the requirements of CBC and California Fire Code, Articles 49 and 79. 1.03 SUBMITTALS A. Prior to cutting which affects the structural safety of project, submit written notice to Architect, requesting consent to proceed with cutting. B. If conditions of work, or schedule, indicate change of materials or methods, submit written recommendation to City and Architect, including: 1. Conditions indicating change. 2. Recommendations for alternative materials or methods. 3. Submittals as required for substitutions. C. Submit written notice to City and Architect, designating timework will be uncovered, to allow for observation by the City, Inspector and/or Architect. ROOF REPLACEMENT PROJECT CUTTING AND PATCHING ROSEMEAD COMMUNITY RECREATION CENTER 01360-2 1.04 MATERIALS A. Materials for Replacement of Work Removed: Comply with specifications for type of work to be done, match existing adjacent surfaces. 1.05 EXAMINATION A. Examine existing conditions of work, including elements subject to movement or damage during cutting and patching. B. After uncovering work, examine conditions affecting installation of new products. 1.06 PREPARATION A. Prior to cutting, provide required protection including, but not necessarily limited to, shoring, bracing and support to maintain structural integrity of the work. B. Provide protection for other portions of project. Provide protection from elements. C. Locate all utilities prior to any cutting or excavation. 1.07 PERFORMANCE A. Execute fitting and adjustment of products to provide finished installation to comply with specified tolerances and finishes. B. Execute cutting and removal to the extent necessary. C. Restore work which has been cut or removed; install new products to provide completed work in accord with requirements of contract documents. D. Refinish entire surfaces as necessary to provide an even finish. 1. Continuous Surfaces: To nearest intersections. 2. Assembly: Entire refinishing. PART 2 -PRODUCTS -Not Used. PART 3 – EXECUTION -Not Used. [End of Section] ROOF REPLACEMENT PROJECT QUALITY CONTROL ROSEMEAD COMMUNITY RECREATION CENTER 01450-1 SECTION 01450 QUALITY CONTROL PART 1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including Contract General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SECTION INCLUDES A. Regulatory requirements for testing and inspection. B. Contractor's quality control. C. Quality of the Work. D. Inspections and tests by authorities having jurisdiction. E. Inspections and tests by serving utilities. F. Inspections and tests by manufacturer's representatives. 1.3 REGULATORY REQUIREMENTS FOR TESTING AND INSPECTION A. Building Code Requirements: Comply with requirements for testing and inspections in the California Building Code (CBC), as interpreted by authorities having jurisdiction. Additional requirements for testing and inspection, as adopted by authorities having jurisdiction, shall be included in the Contract Sum and Contract Time. B. Requirements of Fire Regulations: Comply with testing and inspection requirements of the Fire Marshal having jurisdiction. All tests and inspections shall be included in Contract Sum and Contract Time. 1.4 CONTRACTOR'S QUALITY CONTROL A. Contractor's Quality Control: Contractor shall ensure that products, services, workmanship and site conditions comply with requirements of the Drawings and Specifications by coordinating, supervising, testing and inspecting the Work and by utilizing only suitably qualified personnel. B. Quality Requirements: Work shall be accomplished in accordance with quality requirements of the Drawings and Specifications, including, by reference, all Codes, laws, rules, regulations and standards. When no quality basis is prescribed, the quality shall be in accordance with the best accepted practices of the construction industry for the locale of the Project, for projects of this type. C. Quality Control Personnel: Contractor shall employ and assign knowledgeable and skilled personnel as necessary to perform quality control functions to ensure that the Work is provided as required. ROOF REPLACEMENT PROJECT QUALITY CONTROL ROSEMEAD COMMUNITY RECREATION CENTER 01450-2 D. Coordination of Field Quality Control: Contractor shall coordinate and schedule field quality control activities of City's independent testing and inspection agency and inspectors from authorities having jurisdiction. 1.5 QUALITY OF THE WORK A. Quality of Products: Unless otherwise indicated or specified, all products shall be new, free of defects and fit for the intended use. B. Quality of Installation: All Work shall be produced plumb, level, square and true, or true to indicated angle, and with proper alignment and relationship between the various elements. C. Protection of Existing and Completed Work: Take all measures necessary to preserve and protect existing and completed Work free from damage, deterioration, soiling and staining, until Acceptance by the City. D. Standards and Code Compliance and Manufacturer's Instructions and Recommendations: Unless more stringent requirements are indicated or specified, comply comply with manufacturer's instructions and recommendations, reference standards and building code research report requirements in preparing, fabricating, erecting, installing, applying, connecting and finishing Work. E. Deviations from Standards and Code Compliance and Manufacturer's Instructions and Recommendations: Document and explain all deviations from reference standards and building code research report requirements and manufacturer's product installation instructions and recommendations, including acknowledgement by the manufacturer that such deviations are acceptable and appropriate for the Project. F. Verification of Quality: Work shall be subject to verification of quality by City or Architect in accordance with provisions of the Contract General Conditions. 1. Contractor shall cooperate by making Work available for inspections and observations by City’s Representative, Architect and their consultants. 2. Such verification may include mill, plant, shop, or field inspection, as required. 3. Provide access to all parts of the Work, including plants where materials or equipment are manufactured or fabricated. 4. Provide all information and assistance as necessary, including that from subcontractors, fabricators, materials suppliers and manufacturers, for verification of quality by City’s Representative or Architect. 5. Contract modifications, if any, resulting from such verification activities shall be governed by applicable provisions in the Contract General Conditions. G. Observations by Architect and Architect's Consultants: Periodic and occasional observations of Work in progress will be made by Architect and Architect's consultants as deemed necessary to review progress of Work and general conformance with the design intent. H. Limitations on Inspection, Test and Observations: Employment of an independent testing and inspection agency and observations by Architect and Architect's consultants shall not relieve Contractor of the obligation to perform Work in full conformance to all requirements ROOF REPLACEMENT PROJECT QUALITY CONTROL ROSEMEAD COMMUNITY RECREATION CENTER 01450-3 of Contract Documents and applicable Building Code and other regulatory requirements. I. Rejection of Work: The City reserves the right to reject any and all Work not in conformance to the requirements of the Contract Documents. J. Correction of Non-Conforming Work: Non-conforming Work shall be modified, replaced, repaired or redone by the Contractor at no change in Contract Sum or Contract Time. K. Acceptance of Non-Conforming Work: Acceptance of non-conforming Work, without specific written acknowledgement and approval of the City’s Representative, shall not relieve the Contractor of the obligation to correct such Work. L. Contract Adjustment for Non-conforming Work: Should City’s Representative determine that it is not feasible or not in City’s interest to require non-conforming Work to be repaired or replaced, an equitable reduction in Contract Sum shall be made by agreement between City’s Representative and Contractor. If an equitable amount cannot be agreed upon, a Field Instruction will be issued and the amount in dispute resolved in accordance with applicable provisions of the Contract General Conditions. M. Non-Responsibility for Non-Conforming Work: Architect and Architect's consultants disclaim any and all responsibility for Work produced that is not in conformance with the Contract Drawings and Contract Specifications. 1.6 INSPECTIONS AND TESTS BY AUTHORITIES HAVING JURISDICTION A. Inspections and Tests by Authorities Having Jurisdiction: Contractor shall cause all tests and inspections required by authorities having jurisdiction to be made for Work under this Contract. 1. Except as specifically noted, scheduling, coordinating and conducting such inspections and tests shall be solely the Contractor's responsibility. 2. All time required for inspections and tests by authorities having jurisdiction shall be included in the Contract Time. 3. Costs for inspections and tests by authorities having jurisdiction will be paid by City. 1.7 INSPECTIONS AND TESTS BY SERVING UTILITIES A. Inspections and Tests by Serving Utilities: Contractor shall cause all tests and inspections required by serving utilities to be made for Work under the Contract. 1. Except as specifically noted, scheduling, coordinating and conducting such inspections and tests shall be solely the Contractor's responsibility. All time required for inspections and tests by serving utilities shall be included in the Contract Time. 2. Except as specifically noted, all costs for inspections and tests by serving utilities shall be included in the Contract Sum. 1.8 INSPECTIONS AND TESTS BY MANUFACTURER'S REPRESENTATIVES A. Inspections and Tests by Manufacturer's Representatives: Contractor shall cause all specified tests and inspections to be conducted by materials or systems manufacturers. Additionally, all tests and inspections required by materials or systems manufacturers as ROOF REPLACEMENT PROJECT QUALITY CONTROL ROSEMEAD COMMUNITY RECREATION CENTER 01450-4 conditions of warranty or certification of Work shall be made, the cost of which shall be included in the Contract Sum. 1. Scheduling, coordinating and conducting such inspections and tests shall be solely the Contractor's responsibility. All time required for inspections and tests by manufacturer's representatives shall be included in the Contract Time. 2. All costs for inspections and tests by manufacturer's representatives shall be included in the Contract Sum. PART 2 PRODUCTS Not applicable to this Section. PART 3 EXECUTION Not applicable to this Section. END OF SECTION ROOF REPLACEMENT PROJECT SUBMITTALS PROCEDURES ROSEMEAD COMMUNITY RECREATION CENTER 01330-1 SECTION 01330 SUBMITTALS PROCEDURES PART 1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including Contract General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SECTION INCLUDES A. Administrative requirements for shop drawings, product data and samples submittals. B. Administrative requirements for submittals reporting results of tests and inspections, during field Work. C. Contractor's review of submittals. D. Architect's review of submittals. E. Product data submittals. F. Shop drawing submittals. G. Sample submittals. H. Reports of results of tests and inspections. 1.3 RELATED SECTIONS A. Section 01321 -Construction Progress Schedules: Submittals Schedule. B. Section 01450 -Quality Control: Test and inspection reports. C. Section 01770 -Contract Closeout Procedures: Submittals for occupancy, Acceptance and Final Payment. D. D. Section 01783 -Operation and Maintenance Data: Requirements for preparation and submission of operation and maintenance data. 1.4 DEFINITIONS A. Shop Drawings, Product Data and Samples: Instruments prepared and submitted by Contractor, for Contractor's benefit, to communicate to Architect the Contractor's understanding of the design intent, for review and comment by Architect on the conformance of the submitted information to the general intent of the design. Shop drawings, product data and samples are not Contract Documents. B. Shop Drawings: Drawings, diagrams, schedules and illustrations, with related notes, specially prepared for the Work of the Contract, to illustrate a portion of the Work. ROOF REPLACEMENT PROJECT SUBMITTALS PROCEDURES ROSEMEAD COMMUNITY RECREATION CENTER 01330-2 C. Product Data: Standard published information ("catalog cuts") and specially prepared data for the Work of the Contract, including standard illustrations, schedules, brochures, diagrams, performance charts, instructions and other information to illustrate a portion of the Work. D. Samples: Physical examples that demonstrate the materials, finishes, features, workmanship and other characteristics of a portion of the Work. Accepted samples shall serve as quality basis for evaluating the Work. E. Other Submittals: Technical data, test reports, calculations, surveys, certifications, special warranties and guarantees, operation and maintenance data, extra stock and other submitted information and products shall also be not be considered to Contract Documents but shall be information from Contractor to Architect to illustrate a portion of the Work for confirmation of understanding of design intent. 1.5 ADMINISTRATIVE REQUIREMENTS A. Administrative Requirements for Submittals: Submittals shall be made in accordance with requirements specified herein and in Division 2 through 16 Sections of the Specifications. See also Article 5 of the Contract General Conditions for additional requirements especially those regarding requests for alternatives or equals and for substitutions. B. Contractor Coordination of Submittals: Coordinate preparation and processing of submittals with performance of construction activities. Transmit each submittal sufficiently in advance of performance of related construction activities to avoid delay. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals and related activities that require sequential activity. 2. Coordinate transmittal of different types of submittals for related elements of the Work so processing will not be delayed by the need to review submittals concurrently for coordination. a. The Architect will return without action submittals requiring coordination with other submittals until related submittals are coordinated. C. Transmission of Submittals: Package each submittal appropriately for shipping and handling. Transmit all submittals from Contractor to Architect, unless otherwise directed, using a transmittal form. Submittals received from sources other than the Contractor will be returned without action. Include all information specified below for identification of submittal and for monitoring of review process. E. Timing of Submittals: Make submittals sufficiently in advance of construction activities to allow shipping, handling and review by the Architect and Architect's consultants. Allow sufficient review time so that installation will not be delayed as a result of the time required to process submittals, including time for resubmittals. 1. See Contract General Conditions and Supplementary General Conditions for additional requirements. 2. If an intermediate submittal is necessary, process the same as the initial submittal. 3. No extension of Contract Time will be authorized because of failure to transmit ROOF REPLACEMENT PROJECT SUBMITTALS PROCEDURES ROSEMEAD COMMUNITY RECREATION CENTER 01330-3 submittals to the Architect sufficiently in advance of the Work to permit processing. D. Submittals Identification: 1. Provide a space approximately 4-inches by 5-inches on the label or beside the title block on Shop Drawings to record the Contractor's review and approval markings and the action taken. Include the following information on the label for processing and recording action taken: a. Project name & number b. Submission date c. Name and address of Architect d. Name and address of Contractor e. Name and address of subcontractor f. Name and address of supplier g. Name of manufacturer h. Number and title of appropriate Specification Section i. Drawing number and detail references, as appropriate. 2. Identify each element on submittal by reference to Drawing sheet number, detail, schedule, room number, assembly or equipment number, Specifications article and paragraph, and other pertinent information to clearly correlate submittal with Contract Drawings. On the submittal transmittal form or separate sheet record deviations from Contract Document requirements, including minor variations and limitations. Include Contractor's certification that information submitted complies with requirements of the Contract Document. 3. Identify each submittal by Specification Section number followed by a number indicating sequential submittal for that Section. Resubmittals shall use same number as original submittal, followed by a letter indicating sequential resubmittal. 09250-1 First submittal for Section 09250 -Gypsum Board. 09250-2 Second submittal for Section 09250 -Gypsum Board. 09250-2A Resubmittal of second submittal for Section 09250 -Gypsum Board. 09250-2B Second resubmittal of second submittal for Section 09250 -Gypsum Board. 4. Place a permanent label or title block on each submittal for identification. Indicate the name of the entity that prepared each submittal on the label or title block. E. Grouping of Submittals: Unless otherwise specifically permitted by the Architect, make all submittals in groups containing all associated items. The Architect may reject partial submittals as incomplete or hold them until related submittals are made. F. Unsolicited Submittals: Unsolicited submittals may be returned unreviewed. G. Record Submittals: When record submittals are specified, submit three copies or sets only. Record submittals will not be reviewed but will be retained for historical and maintenance purposes. ROOF REPLACEMENT PROJECT SUBMITTALS PROCEDURES ROSEMEAD COMMUNITY RECREATION CENTER 01330-4 1.6 SUBMITTALS SCHEDULE A. Submittals Schedule: As specified in Section 01321 Construction Progress Schedules. 1.7 CONTRACTOR'S REVIEW OF SUBMITTALS A. Contractor's Review of Submittals: Prior to submission to Architect for review, Contractor shall review each submittal for completeness and conformance to specified requirements. Contractor shall stamp each submittal with a review action stamp and sign each copy of submittal. Submittals without stamp and signature will be returned unreviewed. Contractor's submittal action stamp shall certify the following actions by Contractor: 1. Field measurements have been determined and verified. 2. Conformance with requirements of Contract Drawings and Specifications is confirmed. 3. Catalog numbers and similar data are correct. 4. Work being performed by various subcontractors and trades is coordinated. 5. Field construction criteria have been verified, including confirmation that information submitted has been coordinated with the work being performed by others for City and actual site conditions. 6. All deviations from requirements of Drawings and Specifications have been identified and noted. B. Changes in Work: Changes in the Work shall not be authorized by submittals review actions. No review action, implicit or explicit, shall be interpreted to authorized changes in the Work. Changes shall only be authorized by separate written direction, in accordance with the Contract General Conditions. 1.8 REVIEW OF SUBMITTALS BY CITY'S REPRESENTATIVE AND ARCHITECT A. Review of Submittals by Owner’s Representative and Architect: Submittals shall be a communication aid between Contractor and Architect by which interpretation of Contract Documents requirements may be confirmed in advance of construction. 1. Reviews by Owner’s Representative, Architect and Architect's consultants shall be only for general conformance with the design concept of the Project and general compliance with the information given in the Drawings and Specifications. 2. Except for submittals for record, information or similar purposes, where action and return is required or requested, the Architect will review each submittal, mark to indicate action taken, and return promptly. B. Review Action: Architect will stamp each submittal with a uniform, self-explanatory action stamp. Stamp will be appropriately marked, as follows, to indicate the action taken: 1. Final Unrestricted Release: Where submittals are marked "Approved," that part of the Work covered by the submittal may proceed provided it complies with requirements of the Contract Documents; final acceptance will depend upon that ROOF REPLACEMENT PROJECT SUBMITTALS PROCEDURES ROSEMEAD COMMUNITY RECREATION CENTER 01330-5 compliance. 2. Final-But-Restricted Release: When submittals are marked "Approved as Noted," that part of the Work covered by the submittal may proceed provided it complies with notations or corrections on the submittal and requirements of the Contract Documents; final acceptance will depend on that compliance. 3. Returned for Re-submittal: When submittal is marked "Not Approved, Revise and Resubmit," do not proceed with that part of the Work covered by the submittal, including purchasing, fabrication, delivery, or other activity. Revise or prepare a new submittal in accordance with the notations; resubmit without delay. Repeat if necessary to obtain a different action mark. a. Do not permit submittals marked "Not Approved, Revise and Resubmit" to be used at the Project site, or elsewhere where Work is in progress. b. Note: Any work performed prior to receiving a fully approved submittal shall be done at the Contractor's risk and shall be subject to being replaced if Contract requirements are not met. C. Contract Requirements: 1. Review actions by Architect and Architect's consultants shall not relieve the Contractor from compliance with requirements of the Contract Drawings and Specifications. 2. No review action, implicit or explicit, shall be interpreted to authorize changes in the Work. Changes shall only be authorized by separate written Change Order or Field Instruction, in accordance with the Contract General Conditions. 1.9 PRODUCT DATA SUBMITTALS A. Product Data: Catalog cuts, photographs, illustrations, standard details, standard schedules, performance charts, material characteristics, color and pattern charts, test data, roughing-in diagrams and templates, standard wiring diagrams and performance curves and listings by Code authorities and nationally-recognized testing and inspection services. Where product data must be specially prepared because standard printed data is not suitable for use, submit according according to requirements for shop drawings, specified below. B. Modifications to Standard Product Data: Modify manufacturer's standard catalog data to indicate precise conditions of the Project. 1. Provide space for review action stamps and, if required by authorities having jurisdiction, license seal of Architect and Architect's design consultant, if applicable. 2. Mark each copy to show applicable choices and options. Where printed product data includes information on several products, some of which are not required, mark copies to highlight applicable information. 3. Include the following information: Manufacturer's printed recommendations, ROOF REPLACEMENT PROJECT SUBMITTALS PROCEDURES ROSEMEAD COMMUNITY RECREATION CENTER 01330-6 Compliance with recognized trade association standards, Compliance with recognized testing agency standards, Application of testing agency labels and seals, Notation of dimensions verified by field measurement, Notation of coordination requirements. 4. Do not submit product data until compliance with requirements of the Contract Documents has been confirmed. 5. Proceed with installation only using reviewed copy of product data. Do not permit use of unmarked copies of product data in connection with construction. C. Copies: Submit 6 copies, minimum, of original catalog pages or xerographic copies only, with applicable data highlighted and cross-referenced to Drawings and Specifications requirements. Wet-process and thermal paper copies will not be acceptable. Distribution of product data submittals shall be: 1. Architect: One copy. 2. Architect's consultant: One copy. 3. City's Representative: One copy. 4. Project Inspector: One copy. 4. Contractor: Two copies. 1.10 SHOP DRAWINGS SUBMITTALS A. Shop Drawings: Drawings, diagrams, schedules and other graphic depictions to illustrate fabrication and installation of a portion of the Work. Shop Drawings shall include fabrication and installation drawings, setting diagrams, schedules, patterns, templates and similar drawings. Include the following information: 1. Identification of products and materials included. 2. Compliance with referenced standards. 3. Notation of coordination requirements. 4. Dimensions. 5. Notation of dimensions established by field measurement. B. Coordination: Show all field dimensions and relationships to adjacent or critical features of Work. C. Preparation of Shop Drawings: Prepare and submit newly prepared information, drawn to accurate scale. Highlight, encircle, or otherwise indicate deviations from the Contract Documents. Do not reproduce Contract Documents or copy standard information as the basis of Shop Drawings. Standard information prepared without specific reference to the Project is not considered Shop Drawings. 1. Provide space for review action stamps and, if required by governing authorities ROOF REPLACEMENT PROJECT SUBMITTALS PROCEDURES ROSEMEAD COMMUNITY RECREATION CENTER 01330-7 having jurisdiction, license seal of Architect and Architect's design consultant, if applicable. 2. Prepare shop drawings on minimum sheet size of 17-inches by 22-inches, or smaller if a multiple of 8-1/2 inches by 11-inches. Maximum size shall be 30-inches by 42-inches. 3. Except as noted in product Specifications Sections, submit one correctable translucent reproducible print and six blue-or black-line prints of shop drawings. The reproducible and one print will be returned after review. 4. Do not use Shop Drawings without an appropriate final review stamp indicating action taken in connection with construction. D. Distribution of Reviewed Shop Drawings: Distribution of reviewed shop drawings will be by Architect. 1. Architect: One copy 2. Architect's consultant: One copy 3. City's Representative: One copy 4. Project Inspector: One copy 5. Contractor: Two copies 1.11 SAMPLES SUBMITTALS A. Samples: Full-size, fully-fabricated samples, cured and finished as specified and physically identical with the material or product proposed. Samples shall include partial sections of manufactured or fabricated components, cuts or containers of materials, color range sets, and swatches showing color, texture and pattern. 1. Mount, display, or package Samples in the manner specified to facilitate review of qualities indicated. Prepare Samples to include the following: Generic description of the Sample. Sample source. Product name or name of manufacturer. Compliance with recognized standards. Availability and delivery time. 2. Submit Samples for review of kind, color, pattern, and texture, for a final check of these characteristics with other elements, and for a comparison of these characteristics between the final submittal and the actual component as delivered and installed. 3. Submit actual samples. Photographic or printed reproductions will not be accepted. 4. Field samples specified in individual Sections are special types of samples. Field samples shall be full-size examples erected on site to illustrate finishes, coatings, or finish materials and to establish the standard by which the Work will be ROOF REPLACEMENT PROJECT SUBMITTALS PROCEDURES ROSEMEAD COMMUNITY RECREATION CENTER 01330-8 evaluated. B. Preliminary or Selection Submittals: Where samples are for selection of color, pattern, texture or similar characteristics from a range of standard choices, submit full set of choices for the specified material or product. 1. Preliminary submittals will be reviewed and returned with the Architect's mark indicating selection and other action. C. Quantity: Except for samples illustrating assembly details, workmanship, fabrication techniques, connections, operation and similar characteristics, submit 3 sets. One sample will be returned marked with the action taken. 1. Maintain sets of samples, as returned, at the Project site, for quality comparisons throughout the course of construction. 2. Unless otherwise noted, full-size and complete samples will be returned and may be incorporated into field mock-ups. Samples may be incorporated into the Work (completed construction) only with written approval of the Architect. 3. Other samples shall be produced and mounted on cardstock in 8-1/2" by 11" format, three hole punched and suitable for inclusion in product sample binders. Contractor shall provide binders as directed. 4. Contractor shall prepare and distribute additional samples to subcontractors, manufacturers, fabricators, suppliers, installers, and others as necessary for performance of the Work. D. Color Samples: Architect will review and select colors for Project only after all colors are received, so that colors may be properly coordinated. 1.12 MANUFACTURER'S INSTRUCTIONS A. Manufacturer's Instructions: Submit manufacturer's instructions for preparation, mixing, assembly, handling, application and installation of products, as applicable and as specified in product Sections of the Specifications. 1. Include applicable ICBO ES Evaluation Reports. Evaluation Reports shall be current and shall be annotated for applicable products. 2. Include applicable Material Safety Data Sheets, for Project record only. 3. 3. Include written recommendations, as applicable, from manufacturer for Project conditions. B. Copies: Submit six copies minimum. Distribution will be: 1. City's Representative: One copy. 2. Architect: One copy. 3. Architect's consultant: One copy. ROOF REPLACEMENT PROJECT SUBMITTALS PROCEDURES ROSEMEAD COMMUNITY RECREATION CENTER 01330-9 4. Project Inspector: One copy. 5. Contractor: As necessary, retained by Contractor. 6. Reviews by Architect and Owner’s Representative: Manufacturer's instructions shall be for information and will not be reviewed by Architect or City's Representative. 1.13 REPORTS OF RESULTS OF INSPECTIONS AND TESTS A. Reports of Results of Inspections and Tests: Submit technical data, test reports, calculations, surveys, and certifications based on field tests and inspections by independent inspection and testing agency and by authorities having jurisdiction. 1. Reports of results of inspections and tests shall not be considered Contract Documents. 2. Refer to Section 01450 -Quality Control for additional requirements. 1.14 OPERATION AND MAINTENANCE DATA SUBMITTALS A. Operation and Maintenance Data Submittals: Refer to requirements specified in Section 01783 -Operation and Maintenance Data. Include operation and maintenance data submittals in Submittals Schedule. Refer to Section 01321 -Construction Progress Schedules. PART 2 -PRODUCTS Not applicable to this Section. PART 3 -EXECUTION Not applicable to this Section. END OF SECTION ROOF REPLACEMENT PROJECT PROJECT MEETINGS ROSEMEAD COMMUNITY RECREATION CENTER01312-1 SECTION 01312 PROJECT MEETINGS PART 1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including Contract General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 REQUIREMENTS INCLUDED A. Pre-construction conference. B. Construction progress meetings. 1.3 RELATED REQUIREMENTS A. Section 01450 -Quality Control: General requirements for construction quality, to be reviewed at construction progress meetings. B. Section 01321 -Construction Progress Schedules: General requirements for construction progress schedules, to be reviewed at construction progress meetings. C. Section 01321 -Construction Progress Reports: General requirements for construction progress reports, to be reviewed at construction progress meetings. D. Section 01330 -Submittals Procedures: Status of submittals to be reviewed at construction progress meetings. E. Section 01770 01770 -Contract Closeout Procedures: Contract closeout meeting. 1.4 PRE-CONSTRUCTION CONFERENCE A. Pre-Construction Conference: Owner’s Representative will administer a pre-construction conference immediately prior to Contractor mobilization onto the project site. 1. Representatives of the Contractor, Architect, and Architect's Consultants, and owner representive, as appropriate, will be attend. 2. Contractor and major subcontractors, as appropriate, shall attend. B. Schedule: Schedule pre-construction conference within 5 days of construction start date established in the Notice to Proceed. C. Location: Pre-construction conference will be held at a location as directed by the Owner’s Representative. D. Site Mobilization Meeting: City's Representative will administer site mobilization meeting for clarification of responsibilities of City, Architect and Contractor in use of site and for review of Contract administration. ROOF REPLACEMENT PROJECT PROJECT MEETINGS ROSEMEAD COMMUNITY RECREATION CENTER01312-2 E. Schedule: Site mobilization meeting shall immediately prior to Contractor's move onto site, unless otherwise directed by City's Representative. F. Location: At Project site, unless otherwise directed. G. Agenda: Site mobilization meeting shall cover the following topics as a minimum. 1. Special Project Procedures: Site access restrictions, if any, and requirements to avoid disruption of operations at adjoining facilities. Present City's requirements for use of premises. 2. Designation of Key Personnel: Contractor shall designate key personnel and provide a name and address list which includes the following. a. Contractor: Project Manager and Superintendent. b. Major subcontractors: Principal/Project Manager and Superintendent. c. Major materials suppliers: Contact person. 3. Subcontractors List: Distribute and discuss list of subcontractors and suppliers. 4. Coordination: Review requirements for Contractor's coordination of Work. Review sequence and schedule for work being performed for City under separate contracts. Discuss coordination of construction to minimize impacts on continuing City operations. 5. Project Communication Procedures: Review requirements and administrative requirements for written and oral communications. 6. Construction Schedule: Distribute and discuss initial construction schedule and critical work sequencing of major elements of Work, including coordination of Owner-Furnished/Contractor-Installed (OFCI) products and work under separate contracts by serving utility agencies and companies and City. 7. Safety Program: Review requirements for Contractor to develop and implement safety program in compliance with Contract General Conditions. 8. Site Access by City's Representative and Architect: Review requirements and administrative procedures Contractor may wish to institute for identification and reporting purposes. 9. Permits and Fees: Review Contract requirements and review schedule and process for obtaining permits and paying fees. 10. Construction Facilities: Designate storage and staging areas, construction office areas and parking areas and review site access requirements. 11. Temporary Utilities: Requirements for establishing and paying for temporary water, power, lighting and other utility services during construction, including metering and allowances. Refer to Section 01510 -Temporary Utilities. 12. Construction Progress Schedules: Review requirements for preparation and updating of construction progress and submittals schedules. 13. Payment Procedures: Review requirements for preparation and submission of ROOF REPLACEMENT PROJECT PROJECT MEETINGS ROSEMEAD COMMUNITY RECREATION CENTER01312-3 applications for progress payments and for final payment. 14. Change Procedures: Review requirements and administrative procedures for Change Orders, Field Instructions and Contractor's Requests for Interpretation (RFI). 15. Submittals Administration: Review administrative procedures for shop drawings, product data and samples submittals and review of preliminary Submittals Schedule. 16. Materials and Equipment: Review substitution requirements; review schedule for major equipment purchases and deliveries; review materials and equipment to be provided by City (OFCI products). 17. Testing and Inspection: Review tests and inspections to be performed by the following. a. Independent testing and inspection agency. b. Manufacturers and installers. c. Serving utilities and public agencies. d. Authorities having jurisdiction. 18. Operation and Maintenance Data: Format and content of operation and maintenance manuals. Refer to Section 01783 -Operation and Maintenance Data. 19. Instruction of City's Personnel: Review requirements and scheduling of instruction of personnel 20. Starting and Adjusting Procedures: Review requirements of starting and adjusting operating components. 21. Project Record Documents: Review requirements and procedures for preparing, reviewing and submitting project record drawings and specifications. 22. Construction Cleaning: Review requirements for progress and final cleaning 23. Closeout Procedures, including procedures for filing of Notice of Completion, final payment and submittals. 1.5 CONSTRUCTION PROGRESS MEETINGS A. Construction Progress Meetings: Meetings will be held to review progress and quality of construction. The essence of the discussion of each meeting shall be entered into the written record (minutes) of the meeting. B. Schedule: Construction progress meetings shall be weekly throughout progress of the Work. Frequency shall be as determined necessary for progress of Work. C. Administration: Contractor shall make physical arrangements for meetings. Contractor will prepare agenda with copies for participants, preside at meetings, record minutes and distribute copies within two working days to City's Representative, Architect, participants and those affected by decisions made at meetings. Each discussion item at construction progress meetings shall be numerically identified and carried through subsequent meeting minutes until resolved. ROOF REPLACEMENT PROJECT PROJECT MEETINGS ROSEMEAD COMMUNITY RECREATION CENTER01312-4 D. Attendance: Contractor's project manager and jobsite superintendent shall attend each meeting. Contractor's subcontractors and suppliers may attend as appropriate to subject under discussion. Owner’s Representative will attend each meeting. Architect and Architect's consultants, as appropriate to agenda topics for each meeting and as provided in City-Architect Agreement, will also attend. E. Suggested Agenda for Each Construction Progress Meeting: 1. Meeting Minutes: Review and correct, if necessary, minutes of previous meeting. a. Unless published minutes are challenged in writing prior to the next regularly scheduled progress meeting, they will be accepted as properly stating the activities and decisions of the meeting. b. Persons challenging published minutes shall reproduce and distribute copies of the challenge to all indicated recipients of the particular set of minutes. c. Challenge to minutes shall be settled as as priority portions of "old business" at the next regularly scheduled meeting. 2. Progress of the Work: Since last meeting and proposed progress. a. Identify potential problems which might impede progress. b. Develop corrective measures and procedures, including but not necessarily limited to additional manloading to regain planned schedule. c. Review three-week "look ahead" construction schedule, including identification of conflicts and delays. 3. Ordering Status: Review status of long-lead time equipment and materials delivery affecting construction progress. 4. RFI Status: Review status of Requests for Interpretation (RFI) status. 5. Submittals Status: Review shop drawings, product data and samples submission and review status. 6. Contract Modifications: Pending Change Orders and Field Orders. Review status of proposed substitutions. 7. Old Business: Active discussion topics carried over from previous meetings. 8. New Business: New topics of discussion affecting construction progress and quality. 9. Quality Control: Review maintenance of quality standards and identification of nonconforming Work, including proposed remedial measures to be taken by Contractor. 10. Project Record Documents: Status of project record drawings and specifications. 11. Environmental and Safety Issues. ROOF REPLACEMENT PROJECT PROJECT MEETINGS ROSEMEAD COMMUNITY RECREATION CENTER01312-5 12. Other items affecting progress and quality of the Work. F. Meeting Time and Location: As mutually agreed by Owner’s Representative and Contractor, at on-site location. G. Special Meetings: As necessary, the Owner’s Representative may convene special meetings to discuss specific construction issues in detail and to plan specific activities. 1.6 PRE-INSTALLATION CONFERENCES A. Pre-Installation Conferences: When specified in individual product specification Sections, convene a pre-installation conference prior to commencing Work specified in individual product Sections. 1. Require attendance by representatives of firms whose activities directly affect or are affected by Work specified in the Section. 2. Review conditions of installation, preparation and installation procedures and coordination with related Work and work under separate contracts. 1.7 CONTRACT COMPLETION MEETING A. Contract Closeout Meeting: As specified in in Section 01770 -Contract Closeout Procedures. PART 2 PRODUCTS Not applicable to this Section. PART 3 EXECUTION Not applicable to this Section. END OF SECTION ROOF REPLACEMENT PROJECT CONSTRUCTION PROGRESS SCHEDULES ROSEMEAD COMMUNITY RECREATION CENTER 01321-1 SECTION 01321 CONSTRUCTION PROGRESS SCHEDULES PART 1 GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including Contract General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.1 SECTION INCLUDES A. Requirements for Construction Schedule, for monitoring and reporting progress of construction. B. Requirements for Submittals Schedule, for monitoring and reporting status of submittals of product data, shop drawings, samples and reports of quality control activities. 1.3 RELATED SECTIONS A. Section 01100 -Summary of the Work: Summary of multiple prime contracts, for preparing a combined Contractor's Construction Schedule. B. Section 01330 -Submittals Procedures: General requirements for submittals to be included in Submittals Schedule. C. Section 01450 -Quality Control: Submission of schedule of tests and inspections. 1.4 DEFINITIONS A. Activity: A discrete part of a project that can be identified for planning, scheduling, monitoring, and controlling the construction project. Activities included in a construction schedule consume time and resources. 1. Critical activities are activities on the critical path. They must start and finish on the planned early start and finish times. 2. Predecessor activity is an activity that must be completed before a given activity can be started. B. CPM: Critical path method, which is a method of planning and scheduling a construction project where activities are arranged based on activity relationships. Network calculations determine when activities can be performed and the critical path of Project. C. Critical Path: The longest continuous chain of activities through the network schedule that establishes the minimum overall Project duration and contains no float. D. Event: The starting or ending point of an activity. E. Float: The measure of leeway in starting and completing an activity. 1. Float time is not for the exclusive use or benefit of either City or Contractor, but is a jointly owned, expiring Project resource available to both parties as needed to ROOF REPLACEMENT PROJECT CONSTRUCTION PROGRESS SCHEDULES ROSEMEAD COMMUNITY RECREATION CENTER 01321-2 meet schedule milestones and Contract completion date. 2. Free float is the amount of time an activity can be delayed without adversely affecting the early start of the following activity. 3. Total float is the measure of leeway in starting or completing an activity without adversely affecting the planned Project completion date. F. Fragnet: A partial or fragmentary network that breaks down activities into smaller activities for greater detail. G. Major Area: A story of construction, a separate building, or a similar significant construction element. H. Milestone: A key or critical point in time for reference or measurement. 1.2 SUBMITTALS A. Submittals Schedule: Submit minimum of three copies of schedule. B. Contractor's Construction Schedule: Submit two printed copies of initial schedule large enough to show entire schedule for entire construction period. 1.3 Not Used 1.4 COORDINATION A. Schedules Coordination, General: Coordinate preparation and processing of schedules and reports with performance of construction activities and with scheduling and reporting of separate contractors. 1.5 REVIEWS BY OWNER’S REPRESENTATIVE A. Reviews by Owner’s Representative: Review by Owner’s Representative will be to ascertain the general status of construction and shall not be interpreted to establish or approve the means, methods, techniques and sequences of construction. 1.6 REVIEW BY CONTRACTOR A. Reviews by Contractor: All schedules shall be reviewed and approved by Contractor prior to submission for review by Owner’s Representative. B. Changes and Deviations: Identify all deviations from requirements of Contract Drawings and Contract Specifications. 1. Changes in the Work shall not be authorized by submittals review actions. 2. No review action, implicit or explicit, shall be interpreted to authorized changes in the Work. 3. Changes shall only be authorized by separate written Change Order or Construction Change Directi ve ROOF REPLACEMENT PROJECT CONSTRUCTION PROGRESS SCHEDULES ROSEMEAD COMMUNITY RECREATION CENTER 01321-3 PART 2 PRODUCTS PART 3 EXECUTION 3.1 CONTRACTOR'S CONSTRUCTION SCHEDULE A. Contractor's Construction Schedule Updating: At monthly intervals, update schedule to reflect actual construction progress and activities. Issue schedule one week before each regularly scheduled progress meeting. 1. Revise schedule immediately after each meeting or other activity where revisions have been recognized or made. Issue updated schedule concurrently with the report of each such meeting. B. Distribution: Distribute copies of approved schedule to City's Representative and Architect, Project Inspector, Testing Laboratory and other parties identified by Contractor with a need-to-know schedule responsibility. 1. When revisions are made, distribute updated schedules to the same parties and post in the same locations. Delete parties from distribution when they have completed their assigned portion of the Work and are no longer longer involved in performance of construction activities. END OF SECTION