HomeMy WebLinkAboutCommercial & Industrial Roofing Company Inc; 2002-01-07; FAC02-04DOC # 2002-0288692
Recording requested by:
CITY OF CARLSBAD
When recorded mail to:
City Clerk City of Carlsbad
Carlsbad CA 92008
1200 Carlsbad Village Drive
CIPR 05, 2002 4528 PM
FEES: 0.00
F2 Space above for Recorder's use
rP NOTICE OF COMPLETION
Notice is hereby given that:
\@ 1. The undersigned is owner of interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California
4. The nature of the title of the undersigned is: In fee.
5. A work of improvement on the property hereinafter described was completed on March 18,
6. The name of the contractor, if any, for such work of improvement is Commercial and
7. The property on which said work of improvement was completed is in the City of Carlsbad,
92008.
2002.
Industrial Roofing Company, Inc.
County of San Diego, State of California, and is described as follows:
New Roof at Fire Station No. 5, Contract No. FACO2-04
Carlsbad Fire Station N0.5 2540 Orion Way, Carlsbad, California 92008
8. The street address of said property is:
Public fiorks ManagedGeneral Services
VERIFICATION OF CITY CLERK
I, the undersigned say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad CA 92008;
the City Council of said City on March 26 ,2002 accepted the above work as
completed and ordered that a Notice of Completion be filed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on March 27 , 2002 at Carlsbad, California
CITY OF UhRLSBAD
CG Clerk
3
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS I-
FOR
evv Rood at Fire Station.
CONTRACT NO. FACO2-04
September l&2000
cg R eviseci 9/l -i/O0 Ccntract No. FAG0244 Page 1 of 60 Pages
TABLE OF CONTENTS
& Paae
Notice Inviting Bids ........................................................................................................................ 4
Contractor’s Proposal .................................................................................................................... 0
Bid Security Form .......................................................................................................................... 11
Bidder’s Bond To Accompany Proposal ....................................................................................... 12
Guide For Completing the “Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items” and “Designation of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work” Forms.. ........................................................................................................................ 14
Designation Of Subcontractor and Amount Of Subcontractor’s Bid Items ................................. 16
Designation Of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work ............ 17
Bidder’s Statement Of Financial Responsibility ............................................................................ 18
Biddel’s Statement Of Technical Ability And Experience ............................................................. 19
Bidder’s Certificate Of Insurance For General Liability, Employers’ Liability, Automotive Liability And Workers’ Compensation .......................................................................................... 20
Bidder’s Statement Of Re Debarment .......................................................................................... 21
Bidders Disclosure Of Discipline Record ......................................................................... 22
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid .............................. 24
Contract Public Works ................................................................................................................... 25
Labor And Materials Bond ............................................................................................................. 31
Faithful Performance/Warranty Bond ........................................................................................... 33
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ....................................... 35
Part 1 General Provisions
Section 1 l-l l-2
1-3
Terms, Definitions Abbreviations And Symbols Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..*....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Section 2 2-3 Scope And Control Of The Work Subcontracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..*......................................... 40
SUPPLEMENTAL PROVISIONS
Revised 9/l 1 /OO Contract No. FAC02-04 Page 2 of 60 Pages
- 2-4 Contract Bonds ..................................................................................................... 40
2-5 Plans And Specifications ...................................................................................... 41
2-10 Authority Of Board And Public Works Manager/General Services ...................... 42
Section 3 Changes In Work
3-2 Changes Initiated by the Agency .........................................................................
3-3 Extra Work ............................................................................................................
3-4 Changed Conditions .............................................................................................
3-5 Disputed Work ......................................................................................................
Section 4
4-1
4-2
Section 5
5-l 5-4
Section 6
6-l
6-2
6-6
6-7
6-8
6-9
Section 7
7-3 7-4
7-5
7-7
7-8
7-10
7-13
Section 9 9-1
9-3
Control Of Materials
Materials And Workmanship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Materials Transportation, Handling and Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Utilities
Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Relocation . . . . . . ..*............................................. . . . . . ..*...............................................
Prosecution, Progress And Acceptance Of The Work
Construction Schedule And Commencement Of Work ........................................
Prosecution Of Work ............................................................................................
Delays And Extensions Of Time ..........................................................................
Time of Completion ..............................................................................................
Completion And Acceptance ................................................................................
Liquidated Damages ............................................................................................
Responsibilities Of The Contractor
Liability Insurance .................................................................................................
Workers’ Compensation Insurance ............... .......................................................
Permits .................................................................................................................
Cooperation and Collateral Work .........................................................................
Project Site Maintenance .....................................................................................
Public Convenience And Safety .................... .......................................................
Laws To Be Observed ..........................................................................................
Measurement and Payment Measurement Of Quantities For Unit Price Work .................................................
Payment ......................................................... .......................................................
42
42
43 44
48
48
48
52
53
53
53 54
54
54
54
54
55 55
58
58
58
Revised 9/l l/O0 Contract No. FAC02-04 Page 3 of 60 Pages
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:00 p.m. on November 7, 2001, the City shall accept sealed bids, clearly marked as such, at
the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by
mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they
will be opened and read, for performing the work as follows: Furnishing and installing a new roof at
Fire Station No. 5
CONTRACT NO. FAC 02-04
New Roof at Fire Station No. 5
This bid and the terms of the Contract Documents and Supplemental Provisions constitute an
irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional
time as may be mutually agreed upon by the City of Carlsbad and the Bidder.
The work shall be performed in strict conformity with the plans and specifications as approved by the
City Council of the City of Carlsbad on file with the General Services Department. The specifications
for the work include the Standard Specifications for Public Works Construction, 1997 Edition, and the
1998 and 1999 supplements thereto, all hereinafter designated “SSPWC” as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental
provisions sections of this contract. Reference is hereby made to the plans and specifications for full
particulars and description of the work.
The City of Carlsbad encourages the participation of minority and women-owned businesses.
The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to
utilize recycled and recyclable materials when available, appropriate and approved by the Public
Works Manager/General Services.
The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when
a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the
State of California as an irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasing
Department. Each bid must be accompanied by security in a form and amount required by law. The bidder’s security of the second and third next lowest responsive bidders may be withheld until the
Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be
returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263) appropriate securities may be substituted for
any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract. section 10263 of the Public Contract Code requires monies or securities to be
deposited with the City or a state or federally chartered bank in California as the escrow agent. The
escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in
connection with the handling of retentions under this section in an amount not less than $100,000
per contract.
The documents which comprise the Bidder’s proposal and that must be completed and properly executed including notarization where indicated are:
Revised 9/l 1 /OO Contract No. FAC02-04 Page 4 of 60 Pages
.- 1. Contractor’s Proposal 2. Bidder’s Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work 6. Bidder’s Statement of Financial Responsibility 7. Bidder’s Statement of Technical Ability and Experience
8. Acknowledgement of Addendum(a) 9. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 1 O.Bidder’ s Statement Re Debarment 11 *Bidder’s Disclosure Of Discipline Record 12.Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security)
All bids will be compared on the basis of the Public Works Manager/General Services Estimate. The
estimated quantities are approximate and serve solely as a basis for the comparison of bids. The
Public Works Manager/General Services Estimate is $60,000.
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered non responsive and
shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where
federal funds are involved the contractor shall be properly licensed at the time the contract is
awarded. In all other cases the contractor shall state their license number, expiration date and
classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal
funds. The following classifications are acceptable for this contract: A, B or C-39.
If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of
the usual 10% retention from each payment, these documents must be completed and submitted
with the signed contract. The escrow agreement may not be substituted at a later date.
Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier’s
Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314,
for a non-refundable fee of $10.00 per set. If plans and specifications are to be mailed, the cost for postage should be added.
Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings,
specifications or other contract documents, or finds discrepancies in or omissions from the drawings
and specifications may submit to the Public Works Manager/General Services a written request for
clarification or correction. Any response will be made only by a written addendum duly issued by the
Public Works Manager/General Services a copy of which will be mailed or delivered to each person
receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to
the award of the contract, no addition to, modification of or interpretation of any provision in
the contract documents will be given by any agent, employee or contractor of the City of
Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any
agent, employee or contractor of the City of Carlsbad except as herelnbefore specified.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids.
.- The general prevailing rate of wages for each craft or type of worker needed to execute the Contract
shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy
of applicable wage rates is on file in the Office of the City Public Works Manager/General Services.
The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing
Revised 9/l l/O0 Contract No. FACO2-04 Page 5 of 60 Pages
rates of wages to all workers employed by him or her in the execution of the Contract.
,- The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5
of the Labor Code and section 4100 et seq. of the Public Contracts Code, “Subletting and
Subcontracting Fair Practices Act.” The City Public Works Manager/General Services is the City’s
“duly authorized officer” for the purposes of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A mandatory pre-bid meeting and tour of the project site will be held at Fire Station No. 5, 2540
Orion Way on Tuesday, October 30,200l at 9:00 a.m.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this
proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words
and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected
extension shall be calculated and the bids will be computed as indicated above and compared on the
basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or
written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
_L. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total
amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 O,OOO,OOO).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
exceeds ten million dollars ($1 O,OOO,OOO).
These bonds shall be kept in full force and effect during the course of this project, and shall extend in
full force and effect and be retained by the City until they are released as stated in the Supplemental
Provisions section of this contract. All bonds are to be placed with a surety insurance carrier
admitted and authorized to transact the business of insurance in California and whose assets exceed
their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents:
1) An original, cr a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the City may require copies of the insurers most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with
section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of
the insurer’s receipt of a request to submit the statements.
_.- Insurance is to be placed with insurers that:
1) Have a rating in the most recent Best’s Key Rating Guide of at least A-:V
2) Are admitted and authorized to transact the business of insurance in the State of California by the
Insurance Commissioner.
Auto policies offered to meet the soecification of this contract must:
Revised 9/l l/O0 Contract No. FAC02-04 Page 6 of 60 Pages
1) Meet the conditions stated above for all insurance companies. 2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned,
non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for “any auto” and cannot be limited in any manner.
Workers’ compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best’s rating condition is waived. The City
does accept policies issued by the State Compensation Fund meeting the requirement for workers’
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days of bid opening. If the
Contractor fails to comply with these requirements, the City may award the contract to the second or
third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2001-278, adopted on the 18’h day of September, 2001. / ?
J
Revised 9/l 1 /OO Contract No. FAC02-04 Page 7 of 60 Pages
City of Carlsbad
Fire House # 5
1.01 The undersigned declares that he has carefully examined the instructions and
specifications and will furnish the items as specified for the price, set forth in this bid.
1.02 The undersigned has checked carefully the bid @es and understands that he shall
be responsible for any error of omission in this bid offer and is in receipt of all
addenda as issued.
1.03 It is understood and agreed that all items bid will be delivered F.O.B. job site, and
remain fu-m for at least sixty (GO) days ftom the date of the bid opening. It is further
understood and agreed that the City of Carlsbad reserves the right to accept or reject
any part of or complete bid and to waive any informality in the bid process.
1.04 All bids must be received by the City of Carlsbad as per Specification and Bid
Package instructions.
Project Price: $ 72,976.OO
Alternate #l: $ 5.174.00
Dampproofing of Concrete Walls
C(JNT~~OR: Commercial & Industrial Roofing Co., Inc.
NAME OF COMPANY:
SIGNATURE AND TIT
ing Co., Inc.
ent
ADDRESS: 9239 Olive Drive, Spring Valley, CA 91977-2306
pH(-jm# 619/465-3737 LICENSE #: 542724
DATE: November 7, 2001 -
Page 1 of 2
CONTRACTOR QUALIFICATIONS
1. Number of years in business under current license l5 .
2. Insurance: Provide name, Policy limits and Policy Number of liability insurance.
See attached
3. REFERENCES: list 5 local references of similar type applications
1. See attached
2.
3.
4.
5.
4. MANUFACTURER’S CERTIFICATION:
1. Years as a Tremco Approved Installer l2 .
Page 2 of 2
CITY OF CARLSBAD
CONTRACT NO. FAC 02-04
New Roof at Fire Station NO. 5
CONTRACTOR’S PROPO&@~ED , WITNESSED AND RECORDED:
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008 - DATE
The undersigned declares he/she has carefully examined the location of the work, read the Notice
Inviting Bids, examined the Plans, Specifications, Supplemental Provisions and addenda thereto,
and hereby proposes to furnish all labor, materials, equipment, transportation, and services required
to do all the work to complete Contract No. FAC 02-04 in accordance with the Plans, Specifications,
Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the
following unit prices for each item complete, to wit:
Item
No. Description
SCHEDULE “A”
Roof at Fire Station No. 5
Approximate
Quantity
and Unit
T A-l Furnish all materials and labor
To install specified roofing
And related components at
Fire Station No. 5
LS
Unit Price
$ 608.OO/sq. $ 72,976.OO
Total amount of bid in words for Schedule “A” : Seventy-two thousand nine hundred seventy-
Total amount of bid in numbers for Schedule “A”: $ 72,976.OO
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). 1’ has/have been received and is/are included in this
proposal.
I The Undersigned has carefully checked all of the above figures and understands that the City will not
be responsible for any error or omission on the part of the Undersigned in preparing this bid. 1 1 The Undersigned agrees that in case of default in executing the required Contract with necessary
bonds and insurance policies within twenty (20) days from the date of award of Contract by the City
Council of the City of Carlsbad, the City may administratively authorize award of the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. F
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do
business or act in
license number
thge4yT;;i a contractor within the State ofCCaic@t, validly licensed under
, classification - which expires on
Revised 9/l 1 /OO Contract No. FAC02-04 Page 8 of 60 Pages
-. I
I /c
3
i
g/30/2002 / , and that this s correct and has the legal effect of an affidavit. I/- p@
Contra A bid submitted to the City by a as a contractor pursuant to the Business and Professions Code shall be considered non responsive and shall be rejected by the City
5 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated
by the failure of the bidder to be licensed in accordance with California law. However, at the time
the contract is awarded, the contractor shall be properly licensed. Public Contract Code 6 20104.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is personally
interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no
representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted
him/her to enter into this Contract, excepting only those contained in this form of Contract and the
papers made a part hereof by its terms: and
2. That this bid is made without connection with any person, firm, or corporation making a bid for the
same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is BID BOND 10%
Cashier’s Check) for ten percent (10%) of the amount bid.
(Cash, Certified Check, Bond or
I The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every
.I employer to be insured against liability for workers’ compensation or to undertake self-insurance in
accordance with the provisions of that code, and agrees to comply with such provisions before
8 commencing the performance of the work of this Contract and continue to comply until the contract is
i - complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative
to the general prevailing rate of wages for each craft or type of worker needed to execute the
Contract and agrees to comply with its provisions.
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A PARTNERSHIP, SIGN HERE:
(1) Name under which business is conducted
1 1 (2) Signature (given and surname and character of partner) (Note: Signature must be made by a
rC general partner)
Revised 9/l l/00 Contract No. FAC02-04 Page 9 of 60 Pages
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted
Vice-President
(Title)
Impress Corporate Seal here
(3) Incorporated under the laws of the State of CAT,-
(4) Place of Business g7?cr ~TVP ngTTy
(Street and Number)
City and State SPRING VALLEY, CA.
(5) Zip Code 91977-2306 Telephone No. (619) 465-3737
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
AI-TACHED
List below names of president, vice president, secretary and assistant secretary, if a corporation; if a
partnership, list names of all general partners, and managing partners:
. Rarrv T., Tllrml7r - Prenlu
Barrv L. Turnour - Treasurer
Neal J. Rilev - Vice-President
Neal J. Rilev - Secretarv
Revised 9/l 1 /OO Contract No. FAC02-04 Page 10 of 60 Pages
State of CALIFORNIA
County of SAN DIEGO
On November 6,2001beforeme, Emily Hamecher, Notary Public
IDATEI INAMQTITLE OF OFFICER-i.e.‘JANE DOE, NOTARY PUBLIC”)
personally appeared Neal J. Riley
(NAME61 OF SIGNERIS)
El personally known to me -OR- Cl & roved to me on the asis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/ty;y executed the same hls/her/thelr authorized capacity(ies!, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
(SEAL)
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE ‘Title or Type of Document
MUST BE AITACHED
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT:
Siiner(s) Other Than Named Abow
RIGHT THUMBPRINT IOptional)
CAPACITY CLAIMED BY SIONERIS)
q INDIVIDUAL(S1
•CORP~RATE _
OFFICER(S) ,TITLES,
q PARTNER(S1 q LIMITED
q GENERAL
OATTORNEY IN FACT
q TRUSTEEW
q GUARDIANKONSERVATOR
OOTHER:
SIGNER IS REPRESENTING:
(Name of Person(s~ or Entity(h)
RIGHT THUMBPRINT (Optional)
CAPACITY CLAIMED BY SIQNERIS)
q INDIVIDUALK3
q CORP~RATE
OFFICER(S)
ITITLES,
q PARTNERW q LIMITED
q GENERAL
q ATTORNEY lN FACT
q TRUSTEE6)
q GUARDIANICONSERVATOR
q OTHER:
SIGNER IS REPRESENTINQ:
(Name of Person(r) or Entity(h)
WOLCOTTS FORM 63240 Rev. 3-84 (price da B-2AI Q 1994 WOLCOTTS FOAMS. INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPAClTYlREPRESENTATlONflWO FINGERPRINTS
BIDDER’S BOND TO ACCOMPANY PROPOSAL
CONTRACT NO. FAC 02-04
New Roof at Fire Station No. 5
KNOW ALL PERSONS BY THESE PRESENTS:
That we, Commercial 6 Industrial Roofing Co., Inc. as Principal, and Eenf,t
as Surety are held and firmly bound unto the & of C&bad, Callfomla, in an amount as follows: (must be at least ten percent (10%) of the bid amount) 10% nf b j d v foor which
payment, well and truly made, we bind ourselves, our heirs, exeoutors and administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FORE(3QlNG OBLIGATION IS SUCH that if the proposal of the above- bounden Prinoipal for:
New Rod at Fire Station No. 5 - FAC 0244
in the City of Carlsbad, is aocepted by the Ciry Council, and If the Principal shall duty enter into and execute a Contract Including required bonds and insurance policies within tkvenv (20) days from the date of award of Contract by the City Council of the City of Carkbad, bslng duly notlfled of said award, then this obligation shall become null and void; otherwise, it shall be and remain In full force and effect, and the amount specified hersin shall be forfeited to the said City.
-
In the event Principal executed this bond as an individual, It is agreed that the death of Principal shail not exonerate the Surety from Its abllgatfons under this bond.
Executed by PRINCIPAL this 1st day of NOV&W ( 20%.
PRINCIPAL:
Inc. Exeouted by SURETY this . lst day of November ,2oQJ&
SURFN:
NE&L J RILEY
(print name n’ert3)
VIC&PRESIDENT
BARRY L. TURNOUR
(print name here)
Insurance CO~DQV nf T-C+
(name of Surety)
(address of sun+!)
(858) 350-2400
(telephone number of Surety)
(signature of Attorney-in-Fact)
PRESENT
(title and organlzstion of signatory) Michael G. HalI
(ptinted nams of Attorney-in-Fact) ---
(Attach oorporate resolution showing current power of attorney.)
(Proper notadal acknowledgment of execution by PRINCIPAL and SlJREl’Y must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one offloer sfgns, the corporation must attach a resolution certified by the secretary or asdstant secretary under corporate seal empowering that officer ta bind the corporation.) n
APPROVED AS TO FORM: RONALD R. BALL City Attorney
By: i Lz.&., /d A-4 LMdP
Deputy City Attorney
State of California
cOlll7ty Of San Diego
On 12/21/2001 beforeme, Emily Hamecher, Notary Public
DATE) INAME/TlTLE OF OFFICER-i.s.‘JANE DOE, NOTARY PUBLIC”1
PersonallY appeared Neal J. Rilev and Barrv L. Turnour
INAMEISI OF SIGNEIVSII
El personally known to me -OR- Cl ti roved to me on the asis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/tv;y executed the same hls/her/thelr authorized capacity(ies!, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of w.hich the person(s)
\-A*A*hA-A*A- A COMM. #1234089
(SEAL)
Witness
A
acted, executed instrument.
my hand and official seal.
the
/(SIGNATURE OF NOTARY) .
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
RIGHT THUMBPRINT lOptionsll
CAPACITY CLAIMED BY SIGNERiSl
OINDIVIDUAL(SI
q CORPORATE _
OFFICERW ,TInES,
q PARTNElWSl q ILIMITED
q GENERAL
OATTORNEY IN FACT
q TRUSTEE(S)
•GUARD~ANKONSERVATOR
OOTHER:
SIGNER IS REPRESENTING:
(Name of Person(s) or Entity(iss)
RIGHT THUMBPRINT (Optional)
CAPACITY CLAIMED BY SIGNER(S)
q INDIVIDUAL(S)
q CORPORATE
OFFICER(S)
UITLES,
q PARTNER6) q ILIMITED
q IGENERAL
q ATTORNEY IN FACT
THIS CERTIFICATE ~,b orType ofDocument Bidder's Bond to Accompany ProposahTFwsTwsr
MUST BE ATTACHED q GUARDIANKONSERVATOR
TO THE DOCUMENT 2 Number of Pages DateofDocument 11/01/2001 DOTHER:
DESCRIBED AT RIGHT:
SigneM Other Than Named Abow
SIGNER IS REPRESENTING:
(Name of Person(s) or Entity(h)
WOLCOTTS FORM 63240 Rev. 3-04 lprice chs S-2A) 0 1994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS
. . ;
.- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
-
state of California
Zounty of San Diego
3n November 1,200 1 before me, Debbie He&en, Notary Public
>ersonally appeared Michael G. Hall,
Zl personally known to me 4X&--~ 3 to be the person@ whose name@ is/are subscribed to the within instrument and
acknowledged to me that he&l&hey executed the same in his+he&hk authorized capacity+sj, and that by him signature@ on the
instrument the person(s), or the entity upon behalf of which the person+)
acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
raudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
7 INDIVIDUAL
r] CORPORATE OFFICER
I] PARTNER(S) q LIMITED
2 ATTORNEY-IN-FACT
7 TRUSTEE(S) 1 GUARDIAN/CONSERVATOR ITHER:
;IGNER IS REPRESENTING:
JAME OF PERSON(S) OR ENTlTY(lES) nsurance Company of the West
CA-1’34 24 (7/00)
. .
c I
.b- No. OOOOOIO ICW GROUP Power of Attorney
Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organised under the laws of the State of California, The Explorer insurance Company, a Corporation duly organised under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organised under the laws of the State of Texas, (collectively referred to as the “Companies”), do hereby appoint
MNXAEL G. HALL
their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents,
IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorised officers this 16th day of January, 2001.
INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY
Jolln 8. Craig, Assistant Secretary John L. Hannum, Executive Vice President
State of California
SOL=@ cf.&n Diegc, 1 8%
On January 16, 2OO! : before me, Norma Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be rhe persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorised capacities, and that by their signatures on the instrmment, the entity upon behalf of which the persons acted, executed the instrument.
Witness my hand and official seal.
Norma Porter, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarised with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies:
‘RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorised to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures, and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying. ”
CERTIFICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in 111 force.
INWlTNESSWl-lEREOF,Ihavesetmyhandthia lst day of November 2001
John H. Craig, Assistant Secretary
To verify the authenticity of this Power of Attorney you may call l-800-877- 1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individual(s) and details of the bond to which the power is attached. For information or fining claims, please contact Surety Claims, ICW Croup, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400.
BID SECURITY FORM
(Check to Accompany Bid)
CONTRACT NO. FAC 02-04
New Roof at Fire Station No. 5
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
dollars ($ h this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City through action of
its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage
within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of
this check shall also become the property of the City if the undersigned shall withdraw his or her bid
within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise
required by law, and notwithstanding the award of the contract to another bidder.
BIDDER
l Deleie the inapplicable word.
(NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.)
Revised 9/l 1 /OO Contract No. FAC02-04 Page 11 of 60 Pages
_-- In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall
not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this day of ,20 --
PRINCIPAL:
(name of Principal)
By:
(sign here)
Executed by SURETY this day of I 20-.
SURETY:
(print name here) (name of Surety)
(Title and Organization of Signatory)
By:
(sign here)
(print name here)
(address of Surety)
(telephone number of Surety)
By: (signature of Attorney-in-Fact)
(title and organization of signatory) (printed name of Attorney-in-Fact)
-
(Attach corporate resolution showing current power of attorney.)
(Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City Attorney
Revised 9/l 1 /OO Contract No. FAC02-04 Page 13 of 60 Pages
GUIDE FOR COMPLETING
THE “DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS”
AND
“DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK” FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Operator/Lessor
disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the Supplemental Provisions to this Contract especially, “Bid”, “Bidder”, “Contract”, “Contractor”,
“Contract Price”, “Contract Unit Price”, “Public Works Manager/General Services”, “Subcontractor” and “Work” and the definitions in section l-2 of the Supplemental Provisions especially “Own
Organization” and “Owner Operator/Lessor.” Bidders are further urged to review sections 2-3
SUBCONTRACTS of the SSPWC and section 2-3.1 of these Supplemental Provisions.
CAUTIONS These forms will be used by the Agency to determine the percentage of work that the
Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct
information may result in rejection of the bid as non-responsive. Any bid that proposes performance
of more than 50 percent of the work by subcontractors or owner operator/lessor or otherwise to be
performed by forces other than the Bidders own organization will be rejected as non-responsive.
Specialty items of work that may be so designated by the Public Works Manager/General Services
on the “Contractors Proposal” are not included in computing the percentage of work proposed to be
performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or render
service in or about the work or improvement, and every subcontractor or Owner Operator/Lessor
licensed as a contractor by the State of California who the Bidder proposes to specially fabricate and
install any portion of the work or improvement according to detailed drawings contained in the plans
and specifications in excess of one-half of one percent (0.5%) of the Bidder’s total bid or ten
thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of
subcontractor(s) shall be set forth and included as an integral part of the bid offer.
Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of
manpower and equipment that it proposes to use to complete the Work. Additional copies of the
forms must be attached if required to accommodate the Contractors decision to use more than one
Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out.
These forms must be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and
correct information may result in rejection of the bid as non-responsive.
Neither the amount, in dollars, of work performed by the Bidders own forces (as Contractor) nor the
Bidder’s overhead and profit for subcontracted items of the work is included to compute the
percentage of the work performed by Subcontractors or Owner Operators/Lessors.
When the Bidder proposes that any bid item will installed by a Subcontractor or Owner
Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner
Operator/ Lessor must be entered under the columns “Amount of Subcontracted Bid Item Including
Subcontractors Overhead & Profit” or ” Amount of Owner Operator/Lessor Bid Item Including Owner Operator/Lessor’s Overhead & Profit ’ unless the dollar amount of all work performed by any Subcontractor or Owner Operator/Lessor is less than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner
Operator/Lessor installs or constructs any portion of a bid item the entire amount of the Contract Unit Price, less the Bidder’s overhead and profit, shall be multiplied by the Quantity of the bid item that the
Revised 9/l 1 /OO Contract No. FAC02-04 Page 14 of 60 Pages
Subcontractor or Owner Operator/Lessor installs to compute the amount of work so installed.
Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport of materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor, the Subcontractor, or the Owner Operator/Lessor, as the case
may be, that the Bidder proposes as installer of said materials. The value of material incorporated in
any Subcontractor or Owner Operator/Lessor installed bid item that is supplied by the Bidder shall be
included as a part of the work that the Bidder proposes to be performed by the Subcontractor or
Owner Operator/Lessor installing said item.
The item number from the “CONTRACTOR’S PROPOSAL” (Bid Sheets) shall be entered in the “Bid
Item No.” column.
When a Subcontractor or Owner Operator/Lessor has a Carlsbad business license the number must
be entered on the form. If the Subcontractor does not have a valid business license enter “NONE” in
the appropriate space.
Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in
the location provided on each type of form so duplicated.
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of
subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the
Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces.
Determination of the subcontract and Owner Operator/Lessor amounts for purposes of award of the
contract shall determined by the City Council in conformance with the provisions of the contract
documents and the Supplemental Provisions. The decision of the City Council shall be final.
Revised 9/l 1 /OO Contract No. FACO2-04 Page 15 of 60 Pages
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS
CONTRACT NO. FAC 02-04
New Roof at Fire Station No. 5
The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor:
Subcontractor’s Location of Business
Street Address
City State
*Subcontractors Telephone Number including Area Code: ( 1
*Subcontractor’s California State Contractors License No. and Classification:
*Subcontractors Carlsbad Business License No.:
Zip
m
SUBCONTRACTOR’S BID ITEMS’
Bid ttem Including Item Performed by
Subcontractor’s Overhead Contractor Excluding
Overhead & Profit
Overhead & Profit In
Exolanatlon: Column 1 - Bid Item No. from the bid proposal, pages - through -, inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor’s own forces. Column 4 - The dollar amount of the Contractor’s overhead and profit for work done by both the Contractor’s and the Subcontractor’s forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages - through -, inclusive.
Page - of pages of this Subcontractor Designation form
* Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the pcrtlons of the information prscedsd by an asterisk
required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting Mds contained in the “Notice
Inviting Bids.”
Revised 9/l 1 /OO Contract No. FAC02-04 Page 16 of 60 Pages
.- DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK
CONTRACT NO. FAC 02-04
New Roof at Fire Station No. 5
The Bidder certifies that it has used the sub-bid of the following listed Owner Operator/Lessor in preparing this bid for the Work and that the listed Owner Operator/Lessor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code “Subletting and Subcontracting Fair Practices Act.” The Bidder further certifies that no additional Owner Operator/Lessor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder’s total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency.
Full Owner Operator/Lessor Name:
Owner Operator/Lessor Location of Business
Street Address
City State Zip
*Owner Operator/Lessor Telephone Number including Area Code: ( 1 w
_I *Owner Operator/Lessor City of Carlsbad Business License No.:
OWNER OPERATOR/LESSOR WORK ITEMS
Contractor Excluding
Overhead & Profit
EXDianetiOn: Column 1 - Bid Item No. from the bid proposal, pages _ through -, inclusive. Column 2 - The dollar amount of the item to be performed by the Owner Operator/Lessor. Column 3 - The dollar amount of the item to be performed by Contractol’s own forces. Column 4 - The dollar amount of the Contractor’s overhead and profit for work done by both the Contractor’s and the Owner Operator/Lessor’s forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal
pages _ through -, inclusive.
Page - of pages of this Owner Operator/Lessor form .-
* Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the infomIation preceded by an asterisk
required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the Wotica
Inviting Bids.”
Revised 9/l l/O0 Contract No. FAC02-04 Page 17 of 60 Pages
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
CONTRACT NO. FAC 02-04
New Roof at Fire Station No. 5
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
Revised 9/l 1 /OO Contract No. FAC02-04 Page 18 of 60 Pages
BIDDER’S STATEMENT OF
TECHNICAL ABILIN AND EXPERIENCE
(To Accompany Proposal)
CONTRACT NO. FAC 02-04
New Roof at Fire Station No. 5
The Bidder is required to state what work of a similar character to that included in the proposed
Contract he/she has successfully performed and give references, with telephone numbers, which will
enable the City to judge his/her responsibility, experience and skill. An attachment can be used.
Date
Contract Completed Name and Address
of the Employer
Name and Phone
No. of Person Type of
to Contract Work
(SEE ENCLOSED RSFERENCES)
Amount of
Contract
Revised 9/l 1 /OO Contract No. FAC02-04 Page 19 of 60 Pages
SCHOOL REFERENCES
Cajon Valley Union School District
Avocado Elementary School
Ballantyne Elementary School
Ballantyne Elementary School
Ballantyne Elementary School
Cuyamaca Elementary School
Cuyamaca Elementary School
Emerald Middle School
Fuerte Elementary School
Greenfield Middle School
Johnson Elementary School
Johnson Elementary School
Lexington Elementary School
Madison Elementary School
Magnolia Elementary School
Magnolia Elementary School
Meridian Elementary School
Meridian Elementary School
Montgomery Middle School
Sevick School
Vista Grande Elementary School
Vista Grande Elementary School
Vista Grande Elementary School
WD Hall Elementary School
District Office
Carlsbad Unified School District
Carlsbad High School
Cultural Arts Center
Valley Junior High School
Chula Vista School District
Hilltop Elementary School
Sunnyside School
1
Karl Bradley
12/1996.
04/1998
0711998
07/l 999
08/l 995
08/1999
08/200 1
08/l 999
08/l 999
0811995
07/l 998
08/l 995
07/l 997
08/1995
07/l 998
08/l 998
08/l 999
07/l 997
0811998
0711998
0711999
- 04/2000
04/l 996
08J1998
Nancy Powers
06/l 994
07J1994
08J1992
Dave Dow
0811992
0811989
(619)588-3651
(760)434-0649
(619)425-9600
Commercial & Industrial Roofing Co. Inc., 9239 Olive Drive, Spring Valley, CA91977 619-4653737/FAX # 4658578
Coast Community College District
Golden West College
De1 Mar Union School District
De1 Mar District Office
De1 Mar Heights Elementary School
De1 Mar Heights Elementary School
De1 Mar Hills Elementary School
El Centro Unified School District
Central Union High School
(Castill0 Construction)
DeAnza Elementary School
Desert Gardens Elementary School
Encinitas Union School District
Capri Elementary School
Olivenhain Pioneer Elementary School
Park Dale Lane Elementary School
Escondido Union High School District
Escondido High School
Orange Glen High School
San Pasqual High School
Escondido Union School District
Central School
De1 Dios Middle School
De1 Dios Middle School
Grant Middle School
Maintenance Building
Oak Hill School
Orange Glen Elementary School
Fallbrook Union School District
Fallbrook High School (C & S Doctor)
Porter Junior High School
GrossmontKuyamaca Community
College District
Grossmont College Buildings
600A,600B&200G
Ardith Richey
09J1998
Stewart Seaward
07J1994
08J1992
08J1994
08/l 994
Rim Dessert
lOJ1999
08J1997
08J1997
Bill Reinstra
1 O/2000
07/l 997
10/1992
Colin Dawson
lOJ1990
10/1990
06/l 993
Janay Greenlee
07/l 994
08/l 994
08J2001
- 070994
08/2001
07J1994
08J2000
Bill Halder
1 l/1999
08/l 992
Jim Barr
10/1997
(714)438-4673
(619)755-9367
(760)352-5712
(760)728-9809
(760)480-3000
(760)432-2400
(760)723-7000
(619)697-9090
2
GrossmontXuyamaca Community College District (cont.)
Grossmont College PE Facilities
(General Air Conditioning Service) 07/2000
-
Grossmont Union High School District Jim Langford
Chaparral High School 0811999
El Cajon Valley High School 0811989
El Cajon Valley High School 01/1997
El Cajon Valley High School 12/1997
El Capitan High School 04/l 998
El Capitan High School 08/l 999
Granite Hills High School 09/1993
Granite Hills High School 08/1998
Grossmont High School 0711989
Grossmont High School 08/1994
Grossmont High School 08/l 996
Grossmont High School 08/l 998
Grossmont High School 07/l 999
Helix High School 0811989
Steele Canyon High School (Douglas Barnhart) 04/2000
Valhalla High School 0411996
Valhalla High School 0411998
District Warehouse 07/1998
Lakeside School District Norman Lumpkin
Lakeside Education Center 10/1995
Lakeside Farms Elementary School 09/l 993
Lindo Lake School 09/1993
Tier-m De1 Sol Middle School 10/1993
Tierra De1 Sol Middle School ’ 08/2001
La Mesa/Spring Valley School District Jerry Ross
Casa De Oro Elementary School 09/l 992
La Presa Elementary School 07/l 994
La Presa Middle School (General A/C Service) IO/l 999
Loma Elementary School 0711994
Murdock Elementary School 1 l/l990
Spring Valley Elementary School 0111991
Lemon Grove School District
Golden Avenue Elementary School
Golden Avenue Elementary School
Golden Avenue Elementary School
Terry Garrison
07/1994
09/1995
0811996
(619)465-3131
(619)390-2682
(619)469-6171
(619)589-5700
3
Lemon Grove School District (cont.)
Golden Avenue Elementary School
Golden Avenue Elementary School
Lemon Grove Middle School
Lemon Grove Middle School
Lemon Grove Middle School
Monterey Heights Elementary School
Monterey Heights Elementary School
Monterey Heights Elementary School
Mt. Vernon Elementary School
Mt. Vernon Elementary School
Palm Middle School
Palm Middle School
San Altos Elementary School
San Altos Elementary School (Echo Pacific)
San Miguel Elementary School
San Miguel Elementary School
San Miguel Elementary School
San Miguel Elementary School
San Miguel Elementary School (Echo Pacific)
Vista La Mesa Elementary School
Vista La Mesa Elementary School
Vista La Mesa Elementary School
Maintenance Shop
09/l 996
04/l 998
08/1993
0811996
04/1998-
0811993
07/l 994
0811995
0811993
08/l 995
0811996
04/1998
0811993
09/200 1
0811993
0711994
0811995
0411998
09/200 1
09/l 993
0811995
04/l 998
0411998
National City School District Jim Rothschild
El Toyan Elementary School 08/l 990
Kimball Elementary School 04/1990
Palmer Way School 07/1999
Administration Buildings * 01/1990
Oceanside Unified School District Tony Frazier
Garrison Elementary School 09/l 998
Jefferson Middle School 0711998
Jefferson Middle School 0511999
Jefferson Middle School 09/l 999
Laurel Elementary School 07/1998
Libby Elementary School 08/1998
Lincoln Middle School 07/l 998
MissionBurgener Elementary School 0811998
San Luis Rey Elementary School 0811998
Santa Margarita Elementary School 07/l 998
South Oceanside Elementary School 07/l 998
(619)477-2306
(760)757-2560
4
Oceanside Unified School District (cont.)
Warehouse
Palm Springs Unified School District
Edward Wenzlaff Elementary School
Palm Springs High School
Point Loma Nazarene College
Admissions Center
Poway Unified School District Don Neilson
Black Mountain Middle School 07/1997
Black Mountain Middle School 12/1998
Midland Elementary School 080998
Mt. Carmel Elementary School 07/1988
Pomerado Elementary School 07/1988
Pomerado Elementary School 08/l 997
Poway High School 09/1997
Twin Peaks Middle School 0711988
Twin Peaks Middle School 08/l 997
Valley Elementary School 08/l 993
Education Center 1987
Superintendents Office 1987
Transportation Office 1987
Ramona School District Billie Horton
Montecito High School Library 08/1999
Mt. Woodson Elementary School 07/1998
Mt. Woodson Elementary School 08/1998
Mt. Woodson Elementary School - 08/1999
Ramona Elementary School 08/1998
Ramona High School 0811998
Ramona High School Gym 0611999
San Diego County Office of Education
Building 400,500 & 600
San Diego State University
Aztec Center
Engineering Building
Petersen Gymnasium
09/1998
Carol
OU1998
01/1998
Richard Schult
12/1998
Bill Carpenter
10/2001
Jean Myers
04/1999
05/l 999
05f 1999
(760)416-8309
(619)849-2571
(619)586-7505
(760)789-9660
(858)569-5334
(619)594-5243
5
San Diego Unified School District
Barnard Elementary School
Bayview Child Development Center
Bird Rock Elementary School
(T.B. Penick & Sons)
Brooklyn Elementary School
Carson Elementary School
Correia Junior High School
Correia Junior High School
Doris Miller Elementary School
Edison Elementary School
Euclid Child Development Center
Farb Middle School
Fremont Elementary School
Fulton Elementary School
Gompers Secondary School
Hancock Elementary School
Hardy Elementary School
Hardy Elementary School (Erickson Hall)
Hawthorne Elementary School
Hoover High School
Horace Mann Middle School
Horace Mann Middle School
Horton Elementary School
Jackson Elementary School
Jackson Elementary School
Keamy High School
Keamy High School (Echo Pacific)
Keiller Middle School
Kennedy Child Development Center
Knox Elementary School
Sam Strong
08/1996
05/l 995
09/2000
05/1993
04/l 999
09/l 994
08/1995
04/1988
10/2001
05/l 993
01/1995
07/2000
07/2000
09/1994
1987
01/2001
Current Project 2001
1211999
05/l 993
02/l 994
0811995
04/l 996
1211993
04/200 1
12/1995
1 l/2000
0711994
* 06/1995
12/1991
Knox Elementary School (Westcoast Nielsen) 0211999
Kroc Middle School (D.M. Erickson) 09/1997
Kroc Middle School 08/200 1
Lewis Junior High School 0511995
Lincoln High School 04/l 995
Logan Elementary School 06/l 998
Los Altos Child Development Center 0611995
Marcy Elementary School 08/l 996
Marvin Elementary School (Greer Construction) 08/200 1
Memorial Junior High School 01/1993
Memorial Junior High School 04/l 995
Mission Beach/Fairhaven School 04/2000
(619)293-8282
6
San Diego Unified School District (cont.)
Montezuma Child Development Center 06/l 995
Morse High School 02/2000
Muirlands Middle School (D.M. Erickson) 09/l 997
O’Farrell Community School 04/l 992
O’Farrell Community School (Shea Homes) lOA
Oak Park Elementary School 12/1998
Pacific Beach Elementary School 07/l 999
Pacific Beach Middle School 10/1995
Pacific Beach Middle School OlA997
Paradise Hills Elementary School
(Westcoast Nielsen) 03/l 999
Patick Henry High School (Echo Pacific) 081200 1
Portable Classrooms Various Sites 1996
Portable Classrooms Various Sites 01/2000
Portable Classrooms & Restrooms (Echo Pacific) 06/2001
Roosevelt Junior High School (Shea Homes) 10/1997
Roosevelt Junior High School (Echo Pacific) 09/2000
Samuel Morris High School
San Diego High School
San Diego High School
Sessions Elementary School
(T. B. Penick & Sons)
Standley Middle School
Sunset View Elementary School
Tierrasanta Elementary School
Tubman Elementary School (Peterbuilt)
Valencia Park Elementary School
Walker Child Development Center
Wangenheim Junior High School
Whittier Child Development Center
01/1993
1987
08/l 995
08/2000
08/l 995
01/2001
1987
Current Project 2001
07/1999
10/1994
* 1987
0611995
San Dieguito Union High School District
Dieguito Middle School
La Costa Canyon High School
Oakcrest Middle School
10/2001
10/2001
08/200 1
San Marcos Unified School District Steve Brizeno
Paloma Elementary School 01/2001
San Marcos High School 12/1990
San Ysidro School District Jack Goad
La Mirada Elementary School 0411998
(760)753-6491
(760)744-4776
(619)428-4476
7
San Ysidro School District (cont.)
San Ysidro Education Center
Smythe Elementary School
Santee School District Sharon Racicot
Cajon Park Elementary School 0711998
Pepper Drive Elementary School 07/2000
Prospect Avenue Elementary School 07/1998
Santee Elementary School 07/2000
Santee Elementary School 07/200 1
Sycamore Canyon Elementary School 07/200 1
Southwestern Community College District
Southwestern Community College
Southwestern Community College
(Lemon Grove Sheet Metal Works, Inc.)
Southwestern Community College
Sweetwater Union High School District Dean Brown
Administration Center 08/2000
Bonita Vista Junior High School 1987
Chula Vista Adult School 06/2001
Chula Vista Junior High School 01/1992
Chula Vista Junior High School 08/1999
Chula Vista High School 1 l/1991
Granger Junior High School 08/1999
Hilltop High School 09/1988
Mar Vista High School 1 l/1991
Mar Vista High School 08/1997
Mar Vista High School * 06/2001
Montgomery High School 10/2001
National City Junior High School 08/1990
Palomar High School 07/l 999
Southwest High School 10/2001
Sweetwater High School 08/l 995
University of California, San Diego
SOM Modular Building
Buildings T-40,41,42,43
Marfec Buildings 1 & 3
SIO Cooling Tower - Hubbs Hall
(Collier Norwood Corporation)
Hubbs Hall
0511998
04/l 998
Joseph Conte
07J1998
0 l/2000
05/200 1
Frank Goldsten
08/l 998
lo/1998
lo/1998
05/l 999
10/1999
(619)258-2300
(619)421-6700
(619)691-5540
(619)534-2881
8
University of San Diego
Bahia Loma Apartments
Vista Unified School District Herb Eckert
Alta Vista Middle School ou1992
Beaumont Elementary School 04/1991
Beaumont Elementary School 0311994
Bobier Elementary School 0711995
Bobier Elementary School 1011996
Casita Elementary School 09/1996
Crestview Elementary School 04/1991
Grapevine Elementary School 1987
Lincoln Middle School 0611993
Lincoln Middle School 12/1993
Lincoln Middle School lo/1996
Monte Vista Elementary School 090996
Olive Elementary School 09/l 996
Sierra Vista High School 07/1995
Vista High School 07/1993
Vista High School 07/l 995
Vista High School 09/l 996
Washington Middle School 01/1992
Washington Middle School 09/l 996
Jim Heck
06/l 998
(619)260-4680
(760)726-2170
UPDATEDIWIMOOI
REFERENCES
ALAN STEVENS ASSOCIATES
ASSET MANAGEMENT GROUP
COMMERCIAL ROOF MANAGEMENT
DEL MAR UNION SCHOOLS
GLACIER PEAK MANAGEMENT
GROSSMONT CENTER
HEWLETT PACKARD
HOLY CROSS CATHOLIC CEMETERY
LOMA RIVIERA COMMUNI TY ASSOC.
N.C.R.
ONE OAKS NORTH
PACIFIC BELL
PACIFIC SOUTHWEST REALTY
PORT OF SAN DIEGO
POWAY UNIFIED SCHOOLS
ROSADO ASSOCIATES
SAN DIEGO CITY SCHOOLS
SAN DIEGO STATE UNIVERSITY
SONY CORPORATION
U.C.S.D.
VISTA UNIFIED SCHOOLS
Al Benson 319/390-0419
Nancy Lower-y 619/481-7700
Bill Esser 714/859-9009
Dr. Stewart Seaward 6191755-9367
Diane Iversen 6191597-7515
Joe Breslin 6 1 g/460-5058
Plant Engineer 6191592-4336
Mario DeBlasio 6 191264-3 127
Jon Loustalot 619/224-1313
Plant Engineer 6 191485-235 1
Dick Anderson 619/673-l 143
Jessica Shigemura 6191237-3935
Jim Mulvihill 6 1 g/298-9200
Bill Wood 619/291-3900
Don Nielson 6191586-7505
Ron Rosado 6 1 g/623-6904
Sam Strong 6 1 g/293-8282
Tom Dowdy 6 191594-2405
Ken Notter 6191673-2844
Frank Goldston 619/534-2881
Herb Eckert 760/726-2 170
Commercial & industrial Roofing Co. Inc., 9239 Olive Drive, Spring Valley, CA 91977 619-4653737/FAX # 465-8578
:. ;,j- 3,
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,-
3936 HORTENSIA ST.
- SAN DIEGO,CA 921 10
February 9, 1999
: 1.
Dean Adams CammercfaT & Industrial Roofing 9239- aniue mzzve -, : ':. . : ,>' 2 -.,Spr+~- VBTl+CA 9X97-7 - .'$..,, ;, * /, “i; 5 .* j .1 _ .z .., -' ,T' '_ *, "+*;;r:.j;~‘ :,: : ::, -_
'.*'.: '\ . c, Raz Cel%ns.Komeowners8~Association
ManSad Roof Ero-Ject'~ _.'., ;
(619) 296-7980
:,Deiir Mr, Adams.: , . '_ The BoardLof Directors of LeMans Homeowners' Association has asked
me to,.extend to you their appreciation for the high quality of
workmanship, and professional manner in which you and your crew
performedon this complicatedroofingproject. Special recognition
should also be given to the superintendent for his efforts to keep
the j,ob running smoothly and for the attention and consideration he
extended to the owners of LeMans during Phase I of the project, -For this~ reason, the Board asks that, to the extent possible,. the 'same field management and personnel be assigned to Phase 11 & III
of the project-
i: ,- . $-.,:’ .,’ Again,: the Board of Director's and I, personally, would like to
commend you for a job well done- ‘ _. 1:. ,
Senior Community Association I&.nager
CC: Board of Directors
wLK:t1s
; .- . .
COMMUNITY ASSOCIATION MANAGEMENT SPECIALISTS
SINCE 1971
.
Qe2~~ra~2lomeOumers~~
l!JO’I)elcMrrrcshoms~
Sok~Cse 92075 (6I9) 4824976
I
Mr.. Neal Riley
Commercial and Industrial’ Roofing Co., Inc.
9239 Olive Drive
Spring ValTey, CA 91977
Dear Neal,
Please accept this. letteras a recommendation. and an indication of satisfacti‘on
with the services provided the Del. Mar Shores. by C&l roofing.
./ <_ r
C&l rooftng is.exemplary intheirapproach andability to perform specifically
within. a homeownerassociation,environment; The employees are mindful of the
inconveniences involved, and their level of concern for individual unit owners
make a difficult task-mu& more palatable fbr the membership and board alike.
We‘ar& a sixbuilding. condominium, 20.yearsold. located on the bluffs in Soi’ana
beach, The harsh wastal’environmeritditiated additional challenges to both the
board’ and C&L roofing- .Various change-orders and decisions. were made
throughout the course of the contraethesewere amicably and. ably handled by
C&I roofing at a very competitie price,. Calls and callbacks were returned and
completed in. short order,
In overvrew; 1 have been extremely satisfied with C&l. Roofing Co. They ” executed theirwork in an expedient and professional manner throughout and I
would recommend them to any Homeowner Association requiring attention to
detail and interface with the individual membership.
David Lidstone,
Manager
_ .
Barry Tumour
Commercial & Industrial Roofing
9239 Olive Drive
Spring Valley, California
Febumsy 25,1997
I am writingthisletterto let you know how completely satisfied my tie Robin
and I are with our new roof From. the first time you-brought out samples of the roofing
t&s, to the speed and quality of your employees iiztahation, we were both very
impressed. Making the decision to replace OUT wood shake roof with a ceramic tile roof
was more than just anecessity, it was amatter of improving and updating the appearance
of our house. The EagIelite tiles which we chose have truly enhanced our home which
sits below street lever with a impressive view of our roof. We cant thank you enou&
for the care and precautions taken to keep the mess and disruption inside to a minimum.
You and your employees dida great job!
Sincerely,
.-,- .,, #)g@&#&m .&:+gJ
DOW&B M. Grosma& Dh 1320 Hidden KnolI Court
EI Cajon, California 920 19.
. . . .c ,-
-. - - _, -,nr do ,i / i-.u I CLn IU
METROTECH GENERALcoNTRAcToRs 531 NOKlEHI~AY IOI,SCUNA BE&CH, CA 92075 619/7933501 FAX 619r293-3504
Apri7 9,1996
Cornmtmalaad~~~~Inc,
9239 OEve Drive
spring%lrey,cA 9r9n
Via FacsSIe 465-8578
I~~taLtthisapporhmitydo~yorrfiitrhe-~~~u~ycompiebdontfieOIdCityHaII
Project Yoaconsi~maintar’nebM*mpmj~~ inordcrtocfWhAyschcduieym
craw, yotr eBtientiy moF.tiiM arid stocked a pro&a in a difficult downtown
WiIIingiy a&ted us;‘iiLd~g the most pmticaf membrane applicaiou lili$I-rise IoGEti~ you
and umanty fbr our ~j~a;rP&yorr~~~ofthcrw~gsysttmneatIyandwtlr^witfrinonrstandardsfor
trade qdity~ AK oft& et wnust com@itive: prike- Thanks again fik working with us on this pmjecq ~Iookfomard.to wo&ingwitkpu;rgain krt6efbtmz.
METRO T E.C’l!&
TOTFlL P.Bl
THOME’SON AND ASSOCIATES
P 0 BOX 460
VISTA., CA 92008
(619) 9454194
FAX (6 19) -9454371
June 11,1997
C&IRoof%g
Attnr KenKitzmiller
9239 OliveDrive
Spring Valley, CA 91977
DearKex
On behalf ofthe BoardofDirectors ofTa.mamckPoint I am writing to thankyoufor the
well-organ&d and relatively painless completion of re-roofing of two buildings at
TamarackPoint Townhomes.
It was a pleasure to- work with a company that services their customers as well as C & L.
The extra mile you and your supervisors went to make sure the Board and homeowners
were comfbrtabLe with theqrojectwasmuch appreciated
President
TamarackPoiut TownhomesHO~
.’ cc: Files
.
From: Matthew J Fugmaln 760.755.8357 Tz N61l Riley
L
Date 11/5iOl Time, 9:l: 30 7~4 Page 2 o’ 3
- STATEMENT OF ROOFING M.4NUFACTURER’S QUALIFICATIONS
Each bidder for the work included in the specifications and drawings and the contract
documents shall submit with their bid the data requested in the following schedule of
information. This data must be included in and made part of each bid document and
contained in the sealed envelope. Failure to comply with this instruction may be regarded
as justification for rejecting the Contractor’s Proposal. Submit one (1) copy of this
statement.
1 .Name of bidder:
2.Name of Material Supplier: Tremco, Inc.
3.Number of years manufacturing this roof system: 60
4.Location of wholly owned and operated manufacturing facilities:
Facility:
Products:
Street:
City:
State:
Cleveland
Composite Ply
PowerPly Standard FR
Wall-Tite
Wall-Tite Primer
3361 E. 8d” St.
Cleveland
CH
Facility: Vernon
Products: Polytherm Ply
TremSeal GP
ELS Mastic
Street: 3060 E. 44’h St
City: Vernon
State CA
% of product used % of product used
mfg at this plant: 40% mfg at this plant: 25%
f-
Fran Matthew J. Fugmaln 760.7542357 Tz Nsll Riley Date. 11/5iOl Tfme: 9 17.34 %l Page 3 o’ 3
f
Facility: Toronto Facility: Medina
Product: PowerPly Modified
Hot Melt Adhesive
Product: High Build
Reflective Coating
Street: 220 Wicksteed Ave Street: 2628 Pearl Road
City: Toronto City: Medina
State: Ontario State: OH
% of product used % of product used
mfg at this plant: 10% mfg at this plant: 1%
5Submit Material Safety Data Sheets on products to be used.
&Submit current independent laboratory results on roofing system that is proposed, prior to
award of contract.
7.The proposed roof system to be installed shall meet all local and state safety, health, fire
and building code requirements.
BIDDER’S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS’ COMPENSATION
(To Accompany Proposal)
CONTRACT NO. FAC 02-04
New Roof at Fire Station No. 5
As a required part of the Bidder’s proposal the Bidder must attach either of the following to this page.
1) Certificates of insurance showing conformance with the requirements herein for each of:
Comprehensive General Liability
Automobile Liability
Workers Compensation
Employer’s Liability
_-
2) Statement with an insurance carrier’s notarized signature stating that the carrier can, and upon
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer’s
Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must:
1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance
company that the Contractor proposes.
2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned,
non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for “any auto” and cannot be limited in any manner.
Revised 9/l 1 /OO Contract No. FAC02-04 Page 20 of 60 Pages
DATE (MMIDDIYY) / I * i!KXKQ. CERTIFICATE OF LIABILITY INSURANCE DEC 7 01
IJQR ALL COMMERCIAL INSURANCE SERVICES, LLC. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 6790 TOP GUN STREET #3 DOES NOT AMEND, EXTEND OR ALTER THECOVERAGE AFFORDED BY THE SAN DIEGO CA 92121 POLICIES BELOW. PHONE: 858/642-0200 FAX: 8581642-0205
Agency Lic#: OC64552 COMPANIES AFFORDING COVERAGE
INSURiD
COMMERCIAL & INDUSTRIAL ROOFING COMPANY, INC. 9239 OLIVE DRIVE SPRING VALLEY CA 91977
iCOMPANY A: ADMIRAL INSURANCE COMPANY
ICoMpANY 8: GOLDEN EAGLE CORPORATION
(COMPANY C: TOPA INSURANCE COMPANY
‘COMPANY D:
i COMPANY E:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
,”
f
(
SR” TYPE OF INSURANCE POLICY NUMBER , POLICY EFFECTIVE , D*TE (rnrnmwY) , PDIKY EXPIRATION I DATE ,umroorfY) LIMITS
GENERAL LIABILITY AOlAG10604 I MAY 101 MAY102 #EACHOCCURRENCE ‘5 1,000,000
x COMMERCIAL GENERAL LIABILITY ’
/ . . .._ ~~~ ~~~~~~ ~~~ ~~~-~~-
I : FIRE DAMAGE (Any One Fire) ‘$ 100,000
CLAIMS MADE x OCCUR j MED. EXP (Any One Person) $ EXCLUDED
4 1 , PERSONA; gnov~NJuRv~~+~~~ ~~ ~~
I-- -- ~~---. ..---.-.~ 1,ooo,ooc
-- ~~ ~ I 2,ooo,ooc / GEN’L AGGREGATE LIMIT APPLIES PER: ,
l,ooo,ooc
POLICY / PROJECT LOC / ,
AUTOMOBILE LIABILITY CCP548685-02 MAY 101 MAY 102 COMBINED SINGLE LIMIT
x ANY AUTO ~ (Ea accident) 5 1 ,ooo,ooc
x ALL OWNED AUTOS
SCHEDULED AUTOS 3
x HIRED AUTOS
x NON-OWNED AUTOS
tBoDILyINJuRy.~.- ..~ .~.~.~~~~~~~
1 (Per person) $
~ BODILY INJURY ~ (Per accident) 5
1
PROPERTY DAMAGE 5
I
GARAGE LIABILITY AUTO ONLY EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY: -EAACC$ ~~~~~
AGG ;5
EXCESS LIABILITY XL11447 MAY101 MAY 1 02 EACHOCCURRENCE I5 s,vuc,m
X OCCUR CLAIMS MADE AGGREGATE __ . a ~_ . ~~~---q; ~ 5,ooo.ooa
RETENTION 5 __. + ~~
WORKERS COMPENSATION AND I WC STAT”- bTHEf? ~ EMPLOYERS’ LIABILITY .~_;ICLRYLLMLIS- - -- I
E.L. EACH ACCIDENT b -. --...+ ~-~ ~~~
E.L. DISEASE-EA EMPLOYEE ,5
OTHtH Comprehensive Deductible - $0 Collision Deductible - $0
E.L. DISEASE-POLICY LIMIT $
Comprehensive -Autos Specified on the ISchedule, ; Collision -Autos Specified on ~the Schedule,
DESCRIPTION OF OPERATIONSILOCATIONS/VEHlCLES/SPECIAL ITEMS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED. ‘IO DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM. PROJECT: NEW ROO AT FIRE STATION #5, CONTRACT # FAC 02-04
I s CERTIFICATE HOLDER PDDITION4.L INSURED; INSURER LETTER: CANCELLATION
CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEE&VOLUNTEERS r -- I
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE PURCHASING DEPT. EXPIW\TION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30
F 1635 FARADAY AVE. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT
CARLSBAD, CA 92008-7314 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND lJPON THE INSURER, IT,‘S AGENTS OR REPRESENTATIVES.
I
AUTHORIZED REPRESENTATIVE
- /Y-Y
Attention:
ACORD 25-S (7197) Certificate # 18976 Mark Rubin 0822037
POLICY NUMBER: AOlAG10604 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED-OWNERS, LESSEES OR
CONTRACTORS (Form B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY
SCHEDULE
Name of Person or Organization; CITY OF CARLSBAD, ITS OFFICIALS, EMPLOYEE & VOLUNTEERS PURCHASING DEPT. 1635 FARADAY AVE. CARLSBAD, CA 92008-7314
(If no entry appears above. information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work’ for that insured by or for you
THE COVERAGE PROVIDED THE ADDITIONAL INSURED IS PRIMARY AND ANY LIABILITY INSURANCE POLICY WHERE THE ADDITIONAL INSURED WILL BE CONSIDERED EXCESS INSURANCE OF ANY DAMAGES COVERED BY THIS POLICY, WE WILL NOT SEEK CONTRIBUTION FROM THE PRECEDING DESCRIBED EXCESS INSURANCE FOR OUR NAMED INSURED’S LIABILITY IMPUTED TO THIS ADDITIONAL INSURED.
CGZO 10 11 85 Copyright. Insurance Services Office, Inc., 1984
Certificate # 18976
DEC-28-2081 15:25 FF3ltl:COMMERCIAL 8, IWJ5TR 6194658578
f A*
TO: fX.L COMMERCIAL INSUR P:3’4
CITY OP CARLSBAD SURPLUS LINE BROKER AFFIDAVIT i
Broker Name: P1.T. p-B 1
Address: 679.9 TOP GUI'i STREET #3 1 !
Ciry/SCatc/Zip: SAN DIEGO, Cq 92121 !
DOCC DECEMBER 21, 2003
Project Name: #FAC02-04 ROOF AT FIRE SmfiN #s
Type of Insurance: GENERAL LIABILITY . P .
I cee.ify that ALL COMMERCIk INS.
ROOFING
b h &,ka ,,f bcod fat C~~~S~IAL;
~'Conrrucrof) who is required to provide insurance under the spe*tions
of he &OM conmcr. I fufi~ certify that a~ PI&S af b!Ofd for COILQUC~O~, I ham Gon@clcd he timncc comp~ties listed below, all of whom meet the civs nquinmrnm included in Rcsolueon No. g/-Y@ 3 and ail of whom ham refused to wxite the rtQukcd p&y due to the !
fypc of Ark involved. ,
I Insurawa Car&r: GOLDEN kAGLE INSURANCE.(=PBP-
Name of Contacr: JEANNE BORNHOFT
AddES: 525 B STREET #1200 SAN DIEGO. CA ~101
Dare: APRIL 2001
Reason for Refusal: REASOM UNDERWRITING
Bert’s Rating A+ Listed by State 1-c ! CommSaoioner @s/No)
frlsttrance cani~: Y OF AMFUT.
Name of Contact: NANCY LADD
Address: , CA 95678
Date: APRIL 2001
kson for Refusal: ~ UNDERWRITING REASONS .
Best’s Rrrtfng . A+ Listed by State Insurance Cbmznissioncr (Yes/No)
,..,,(. .,..” . .., ( ; ,.
&;&*i’ ‘.$g& ” f+&&“JJ~~f& g, g-m 61-518
.,
”
.,,” ,‘.’ ‘. ,, ,. TO: Au. mIA ,.I.& p:‘4;4 .’ ..;:
L
.’
I.
Irurrrrance cmim THE HARTFORD
Name of C~nracr: DENISE Jm
M&en: PO BDX 79212 CITY OF INDUSTRY, CA 917'16
a*-: APRIL, 2003,. ., .,‘/ :‘:
Reason fer Refwal: UNDERWRITING REASONS _
E&s Radng A+ iisted by state rimmgtk YES
-=@rcyfmdo) *
cOnlrwXorirreqursdngchat~citys~ ADMIRAL INSURAN&pl'l'ywbj0 astvphrs lh carrier having an A-:V or better racing in die most reccns issue of Best’& Rslting o&tide d wha hat an ofi& within the Sme af tTklW&a ac the Peb*g afidws5 in order ro dfect smkt ofproces. ,
Nameof sulp1w Line cader!
Address; 100 W. BROADWAY # 650
Ci~/SKiWZip: GLENDALE, CA 91210
Address:
ciFy/stawzip:
1255 CALDWELL ROAD
CHERRY HILL, NJ 08034
fccrdfyandu~of~urythatehefare~ingf;rcoanaue~ndcnmct
Dated: DECEMBER 21, 2001 .
20-d ss3 Toot 9z w CKEOZt796T9:xeJ WNI ltKI.Y~WWIl3 -l-ltJ 17S1
JFIN-3-2002 IO:29 FROM:COMMERCIf+L x, INDUSTR 6194658578 TO:17606028556 P:2/2
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BIDDER’S STATEMENT RE DEBARMENT
(To Accompany Proposal)
CONTRACT NO. FAC 02-04
New Roof at Fire Station No. 5
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California?
yes
X
no
2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of
debarment(s) ? Attach additional copies of this page to accommodate more than two debar- ments.
party debarred patty debarred
f agency agency
period of debarment period of debarment
BY CONTRACTOR:
CO.,INC.
Neal .T. my, Vice Preedpnt
(print name/title) -
Page - of pages of this Re Debarment form
Revised 9/l 1 /OO Contract No. FAC02-04 Page 21 of 60 Pages
*.- BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
CONTRACT NO. FAC 02-04
New Roof at Fire Station No. 5
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board
which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a
latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar,
Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
1) Have you ever had your contractors license suspended or revoked by the California Contractors’
State license Board two or more times within an eight year period?
Yes
X
no
2) Has the suspension or revocation of your contractors license ever been stayed?
yes
X
no
-. 3) Have any subcontractors that you propose to perform any portion of the Work ever had their
contractors license suspended or revoked by the California Contractors’ State license Board two
or more times within an eight year period?
yes
X
no
4) Has the suspension or revocation of the license of any subcontractor’s that you propose to
perform any portion of the Work ever been stayed? v
Yes no
5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party
disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor.
(If needed attach additional sheets to provide full disclosure.)
Page l of 2 pages of this Disclosure of Discipline form
Revised 9/l 1 /OO Contract No. FAC02:04 Page 22 of 60 Pages
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED) (To Accompany Proposal)
CONTRACT NO. FAC 02-04
New Roof at Fire Station No. 5
6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party
who’s discipline was stayed, the date of the violation that the disciplinary action pertains to,
describe the nature of the violation and the condition (if any) upon which the disciplinary action
was stayed.
(If needed attach additional sheets to provide full disclosure.)
BY CONTRACTOR:
COMMERCIAL & INDUSTRIAL ROOFING CO.,INC.
By:
(f$$ he&
NEAL J. RILEY, VICE-PRESIDENT
(print name/title)
Page 2 of pages of this Disclosure of Discipline form 2
Revised 9/l 1 /OO Contract No. FAC02-04 Page 23 of 60 Pages
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
CONTRACT NO. FAC 02-04
New Roof at Fire Station No. 5
State of California ) ) ss.
coUn@Iof San Diego )
NEAL J. RILEY
(Name of Bidder) , being first duly sworn, deposes
and says that he or she is VICE-PRESIDENT & SECRETARY
l-W
of COMMERCIAL & INDUSTRIAL ROOFING CO.,INC.
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited
any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure
any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not,
directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent thereof to
effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the 7th day of December ,20 01 -*
" SiwtureofBidder NExL J. &&fkY, VICE-PRESIDENT
Subscribed and sworn to before me on the 7th day of December, 2KJl.
(NOTARY SEAL)
EMILY HAMECHER / COMM. #12 Signabre of Notary I
Revised 9/l 1 /OO Contract No. FAC02-04 Page 24 of 60 Pages
CONTRACT
PUBLIC WORKS
This agreement is made this 7% day of <TfitVtAtiq 20 02, by and
between the City of Carfsbad, California, a municipal corporation, (hereinafter called “City”),
and COMMERCIAL & INDUSTRIAL ROOFING CO. ,w/&&p~ncipal place of business is
9239 OLIVE DRIVE SPRING VALLEY CA 91977-2306
called “Contractor”).
(hereinafter
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for:
New Roof at Fire Station No. 5
FAC 02-04
(hereinafter called “project”)
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
Contractors Proposal, Bidder’s Bond, Designation of Subcontractors, Designation of Owner
Operator/Lessors, Bidder’s Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and
Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with
this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as
indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor’s
expense to fulfil1 the intent of said documents. In all instances through the life of the Contract, the
City will be the interpreter of the intent of the Contract Documents, and the City’s decision relative to
said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials
suppliers of this condition of the Contract will not relieve responsibility of compliance.
4. Payment. For all compensation for Contractors performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 1997 Edition, and the 1998 and 1999 supplements thereto,
hereinafter designated ‘SSPWC”, as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract.
The Public Works Manager/General Services will close the estimate of work completed for progress
payments on the last working day of each month.
5. Independent Investigation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be
Revised 9111 /OO Contract No. FAC02-04 Page 25 of 60 Pages
,.- done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any
information that may have been furnished to Contractor by City about underground conditions or
other job conditions is for Contractor’s convenience only, and City does not warrant that the
conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground
conditions and has not relied on information furnished by City.
6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging
trenches or other excavations that extend deeper than four feet below the surface Contractor shall
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste,
as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class
I, Class II, or Class III disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally recognized as inherent in
work of the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor’s costs of, or the time
required for, performance of any part of the work shall issue a change order under the procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions materially
differ, or involve hazardous waste, or cause a decrease or increase in the contractor’s cost of, or time required for, performance of any part of the work, contractor shall not be excused from any
scheduled completion date provided for by the contract, but shall proceed with all work to be
performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements
of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied
and will comply with these requirements, including, but not limited to, verifying the eligibility for
employment of all agents, employees, subcontractors, and consultants that are included in this
Contract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance with
California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates
is on file in the office of the City Public Works Manager/General Services, and is incorporated by
reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing
wages. Contractor shall post copies of all applicable prevailing wages on the job site.
.C
9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and
indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage,
injury and liability of every kind, nature and description, directly or indirectly arising from or in
connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety
and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may
be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except
for loss or damage caused by the sole or active negligence or willful misconduct of the City. The
Revised 9/l 1 /OO Contract No. FAC02-04 Page 26 of 60 Pages
expenses of defense include all costs and expenses including attorneys’ fees for litigation, - arbitration, or other dispute resolution method.
Contractor shall also defend and indemnify the City against any challenges to the award of the
contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel.
Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by
the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Contractor, his or her agents, representatives,
employees or subcontractors. Said insurance shall meet the City’s policy for insurance as stated in
Resolution No. 91-403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits
indicted herein:
a. Comprehensive General Liability Insurance: $1 ,OOO,OOO combined single limit per
occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate
aggregate in the amounts specified shall be established for the risks for which the City or its agents,
officers or employees are additional insured.
b. Business Automobile Liability Insurance: $l,OOO,OOO combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the
performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for “any
auto” and cannot be limited in any manner.
Workers’ Compensation and Employers’ Liability Insurance: Workers’ compensation limits
ts required by the Labor Code of the State of California and Employers’ Liability limits of $1 ,000,OOO
per incident. Workers’ compensation offered by the State Compensation Insurance Fund is acceptable to the City.
(B) Additional Provisions. Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers’ Compensation and Business Automobile Liability
Insurance contain, or are endorsed to contain, the following provisions.
a. The City, its officials, employees and volunteers are to be covered as additional insured as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the contractor; premises owned, leased, hired or borrowed by the
contractor. The coverage shall contain no special limitations on the scope of protection afforded to
the City, its officials, employees or volunteers. All additional insured endorsements must be
evidenced using separate documents attached to the certificate of insurance; one for each company
affording general liability, and employers’ liability coverage.
b. The Contractor’s insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its
officials, employees or volunteers shall be in excess of the contractor’s insurance and shall not contribute with it.
Revised 9/l 1 /OO Contract No. FAC02-04 Page 27 of 60 Pages
.- C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to the City, its officials, employees or volunteers.
d. Coverage shall state that the contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s
liability.
(C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to
state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage
or limits except after thirty (30) days’ prior written notice has been given to the City by certified mail, return receipt requested.
(D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured
retention levels must be declared to and approved by the City. At the option of the City, either: the
insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the
City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of
losses and related investigation, claim administration and defense expenses.
(E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a
waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its
officials or employees.
(F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or
shall furnish separate certificates and endorsements for each subcontractor. Coverages for
subcontractors shall be subject to all of the requirements stated herein.
(G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best’s
Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of
insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under
the standards specified by the City Council in Resolution No. 91-403.
(H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and
original endorsements affecting coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a person authorized by that insurer to
bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City.
(I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor‘s bid.
11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5
(commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is
included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code
subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California
Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit
.C for breach of this agreement.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation.
Revised 9/l 1 /OO Contract No. FAC02-04 Page 28 of 60 Pages
.-
,-.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of
the false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim
may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 332.025,
3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac-
tor from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County,
California.
I have read and understand all provisions of Section 11 Q&Z init u init above.
12. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor’s
principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of
any change of address of such records.
13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720
of the Labor Code are incorporated herein by reference.
14. Security. Securities in the form of cash, cashier’s check, or certified check may be substituted
for any monies withheld by the City to secure performance of this contract for any obligation
established by this contract. Any other security that is mutually agreed to by the Contractor and
the City may be substituted for monies withheld to ensure performance under this Contract.
15. Provisions Required by Law Deemed Inserted. Each and every provision of law and
clause required by law to be inserted in this Contract shall be deemed to be inserted herein and
included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not
correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction.
16. Additional Provisions. Any additional provisions of this agreement are set forth in the
“General Provisions” or “Supplemental Provisions” attached hereto and made a part hereof.
Revised 9/l 1 /OO Contract No. FAC02-04 Page 29 of 60 Pages
..h NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
AlTACHED
(CORPORATE SEAL)
CONTRACTOR:
COM
(sign here)
BARRY L. TURNOUR, PRF%rm
(print name and title) & TREASURER
President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: ,I" L/L (,:-ccc /d ~$$$&&1/:~~
Deputy City Attorney
C
Revised 9/l l/O0 Contract No. FACO2-04 Page 30 of 60 Pages
State of California
County of snn niPPn
On 12/10~9;1 before me, 1 1
(NAME/TITLE OF OFFICER-i.a.‘JANE DOE, NOTARY PUBLIC’I
personally appeared Neal J. Riley and Barry L. Turnour
INAMEISI OF SIGNERISII
fEl personally known to me -OR- Cl & roved to me on the asis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/tF;y executed the same his/her/their authorized capacity(ies!, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf ;ite2hlch the person(s) executed instru’ment. the
Witness my hand and official seal.
(SEAL)
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any unauthorized document.
THIS CERTIFICATE Tile or Type of Document
MUST BE AlTACklED
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT:
Signerbl Other Than Named Above
II WOLCOTTS FORM 63240 Rev. 3-94 @rice class 8-2Al Q 1994 WOLCOTTS FORMS, INC. ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATlON~O FINGERPRINTS
RIGHT THUMBPRINT (Optional1
CAPACITY CLAIMED BY SIGNERIS)
q INDIVIDUALISE
q CORPORATE _
OFFICER(S) ,nnEsl
q PARTNERIS) q LIMITED
q GENERAL
q AlTORNEY IN FACT
q TRUSTEE(S)
q GUARDIANICONSERVATOR
q OTHER:
SIGNER IS REPRESENTING:
(Noms of Perronfrl or Entity(h)
RIGHT THUMBPRINT (Optional)
CAPACITY CLAIMED BY SIGNER61
q INDIVIDUALIS)
q CORPORATE
OFFICER(S)
,TITLES,
q PARTNERW q LIMITED
q GE~EflbiL
q ATTORNEY IN FACT
q TRUSTEE(S)
q GUARDlAN/CONSERVATOR
q OTHER:
SIGNER IS REPRESENTING:
(Name of Person(r) or Entity(h)
Bond No. 184 59 74 Premium based on Performance Bond
,G ri
/j--. LABOR AND MATERIALS BOND
of Carlsbad State of Califomla, by Resolution No. vgoEpF$ the cv Council Of&~~~ER y , adopted I 2oo, I , has awarded to
COMMERCIAL 6 INDUSTRIAL ROOFING CO,, INC.
(hereinafter designated as the “Principal”), a Contract for: Now roof ti ~lre StatIon tqo, I - contract NA
PAC 02-M
in the City of Carl&bad, in strict oonforrntty with the drawings and speolfications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are Incorporated herein by this reference.
WHEREAS, Principal hai exeouted or is about to execute said Contract and the terms thereof
require the furnishing of a bond, providlng that if Prlnoipal or any of their subcontractors shall fail to
pay for any materials, provisions, provender or other supplies or teams used in, upon or about the
performance of the work agmed to be done, or for any work or labor done thereon of any kind, ths Surety on this bond will pay the same to the extent her&after set fixth.
NOW, THEREFORE, WE, COMMERCIAL 8 INDUSTRIAL ROOFING CO., INC. .I
a6 Principal, (hereinafter designated as the “Contractor’), and Insurance Company Of The West
as Surety, are held firmly bound unto the City of Carl&ad in the sum of SEVENTY TWO THOUSAND,
NINE HUNDRED SEVENTY SIX AND OO/lOO ’ .r DOllUS i
($ 72,976.OO ,) said sum being an amount q&l to: One hundred percent (lOOk) of the total estimated amount payable under said contract by the Cii of Carl&ad under the terms of the contract when the total amount payable does not exceed fhre million dollars ($5,000,000) or, Fm percent (50%) of the total estimated amount payable under said contract by the City of Carlsbad under the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($lg,OOO,OOO) or,
Twenty-five percent (25%) of the total estimated amount payable under said oontract by the City of
Carl&ad under the terms of the contract If the contract exceeds ten mil!lon dollars ($1 O,OOO,OOO) and for which payment well and truly to be made we bind ourselves, our Ms, executors and administrators, succee~ora, or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OELIGATION IS SUCW that if the person or his/her subcon&&fcrs fail to pay for any materials, provisions, provender, supplies, or teams used In, upon, for, or about the performance of the work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respeot to suoh work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and subcontraCton pursuant to sedlon 13020 of the Unemployment Insurance Code with respect to such work and labor that the Surety will pay for the same, not tc exceed the sum specified In the bond, and, also, in case sult Is brought upon the bond, costs and reasonable expenses and fees, including reasonable attomeye fees, tc be fixed by the court, as required by the provisions of section 3243 of the Callfomia Civil Cc&.
This bond shall inure to the beneftt of any and all persons, companies and corporations entitled to file claims under Title 15 of Part 4 of Division 3 of the Clvll Code (commencing with section 3062).
Stlrety stipulates and agrees that no change, extension of time, alteration or addttfon to the terms of
the Contract, or to the work to be performed thereunder or the SpecMcations accompanytng the
seme shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the speciflcatlons.
In the event that Contractor is an lndlvidual, lt is agreed that the death of any such Contraotor shall not exonerate the Surety frwn lta obllgatlons under this bond.
Exeouted by CONTRACTOR this Executed by SURRY this 7th &Y
dayd December 10, , ML.
CONTRACTOR: COMMERCIAL & INDUSTRIAL
af December , %tL
SURETY:
Insurance Comuanv Of The We&
(name of Surety)
11455 E&g Diew. CA. 92130
(address of Surety)
Neal J. Rilev (print name here)
858) 350-2400
iy
(signature of Atiarna~lri-Fact)
Michael G. Hall
(printed name of Attorney-In-Fmr
h Barrv L. urnour
(ptiit name here) (attach corporate resolution Showing current power of atbmey)
President (title and organization of signatory)
(Proper notarM acknowWgment of executton byX;ONTRACTOR and SUREW must be atta&d.)
(PreSldMt or ViOeyW6ldent and sscret4ry or 666istant seoreEary must sign for OOrpOratiOn8. Ii only one officer signs, the corporation must attach a resolution certified by the secretary or assIstant sscretwy under corp01W9 seal empowering that cfflcer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL City Attorney
By: 1-l . . ,-vn gfo Deputy City Attorney’ / z b--Bc.ru~u~‘~v~
State of California
COUllty Of San Diego
On 12/10/2001 beforeme, Emilv Hamecher. Notary Public
IDATE) INAMUTITLE OF OFFICER-i.e.-JANE DOE, NOTARY PUBLIC’)
personally appeared Neal J. Riley
(NAMEIS) OF SIGNERISII
•Il personally known to me -OR- 0 tz roved to me on the asis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/tF;y executed the same hrs/her/therr authorized capacity(ies!, and that by his/her/their signature(s) on the instrument the person(s), or the entitysupon behalf ;Lte2hrch the person(s) executed instru’ment. the
My Comm. Expires Sap1 ‘6. WC3 Witness my hand and official seal.
(SEAL1
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE Tile or Type of Document
MUST BE Al-fACHED
TO THE DOCUMENT Number of Ps~es Date of Document
DESCRIBED AT RIGHT:
RIGHT THUMBPRINT (Optional)
CAPACITY CLAIMED BV SIGNER(S)
q INDIVIDUALfS)
q CORPORATE _
OFFICER61 ITITLES,
q PARTNER(S) q LIMITED
q GENERAL
•A~ORNEV IN FACT
q TFIUSTEEfS)
q GUARDIANICONSERVATOR
OOTHER:
SIGNER IS REPRESENTING:
(Name of Person(o) or Entity(ier)
RIGHT THUMBPRINT IOptiond)
CAPACITY CLAIMED BY SIGNER(S)
•INDIVIDUAL~I
OCORP~RATE
OFFICER(S)
,TmES,
q lPARTNER(S) q LIMITED
q IGENERAL
q IAlTORNEY IN FACT
q TRUSTEE(S)
OGUARDIANIC~NSER~ATOR
q OTHER:
Siinarlsl Other Than Named Above
SIGNER IS REPRESENTING:
(Name of Perronf4 or Entityfier)
WOLCOTTS FORM 83240 Rev. 3-04 lprice class S-2Ai 0 1994 WOLCOTTS FORMS, INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPAClTY/AEPRESENTATIONfTWO FINGERPRINTS
State of California
COUntY Of San Diego
On 12/21/2001 before me, Emily Hamecher, Notary Pilblic
(DATE)
personally appeared
INAMETTITLE OF OFFICER-i.s.‘JANE DOE, NOTARY PUBLIC’)
Rnrrv T.- Tfrrnaur
d INAMEISI OF SIGNERIS
III personally known to me -OR- Cl & roved to me on the asis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies!, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
(SEALI
SIGNATURE OF NOTARY) ’
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE Telc or Typo of Document Labor and Materials Bond
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages 1 7 ,/ 1 O! 7 nn 1 7 Date of Document
DESCRIBED AT RIGHT:
Sionerls) Other Than Named Above
WOLCOTTS FORM 63240 Rev. 3-84 lprice clus 8-2AI a 1894 WOLCOTTS FORMS, INC.
ALL PURPOSE ACKNOWLEDGMENT W,TH SIGNER CAPAClTY/REPRESENTATlON,TWO FINGERPRINTS
RIGHT THUMBPRINT fOptionel1
CAPACITV CLAIMED BV SIGNER(S)
•~NDIVIDUAL~S~
•COR~RA~~ _
OFFICER(S) ,TITLEE,
q PARTNERW OLIMI~CI
EIGENERAL
•A~ORNE~ lN FACT
q TflUSTEEfS)
q IGUARDIANICONSERVATOR
q 0Tf.f~~:
SIGNER IS REPRESENTING:
(Name of Personlr) or Entityfiacl
RIGHT THUMBPRINT IOptional
CAPACITY CLAIMED BY SIGNERIS)
q llNDlVlDUALfSl
q ICORPORATE
OFFICER61
ITITLES,
q PARTNERW q LIMITED
OGENERAL
q ATTORNEV IN FACT
q TRUSTEEfS)
•GUARDIANIC~NSERVATOR q OTHER:
SIGNER IS REPRESENTING:
(Name of Porronfsl or Entity(k)
I
. .
rc- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
,-
state of California
Zounty of San Diego
In December 7,200l before me, Debbie Hentzen, Notary Public
)ersonally appeared Michael G. Hall,
a personally known to me a-0 [ to be the person@
whose name@ is&e subscribed to the within instrument and
acknowledged to me that he&h&hey executed the same in hisA+&&& author&d capacityfief), and that by h&A&&& signature@ on the
instrument the person@, or the entity upon behalf of which the person@
acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
lough the data below is not required by law, it may prove vahtable to persons relying on the document and could prevent
raudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
7 INDIVIDUAL
1 CORPORATE OFFICER
1 PARTNER(S) q LIMITED
g ATTORNEY-IN-FACT
7 TRUSTEE(S)
?lRyANiCO~SE~~A~O~
XGNER IS REPRESENTING: JAME OF PERSON(S) OR ENTITY(IES)
CA-ICW 24 (7100)
. No. OOOOOIO
ICW GROUP
Power of Attorney Insurance Company of the West
The Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organ&d under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation
duly organized under the laws of the State of Texas, (collectively referred to as the “Companies”), do hereby appoint
MICHAEL G. HALL
their true and lath Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents.
JN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly author&d oficers this 16th day of January, 2001.
INSURANCE COMPANY OF THE WEST THE EXPLORER INSUFWNCE COMPANY INDEPENDENCE CASUALTY AND !WRETY COMPANY
John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President
State of California County of San Diego > SS.
On January 16, 2001, before me, Norma Porter, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instnunent, the entity upon behalf of which the persons acted, executed the instrument.
Witness my band and official seal.
Norma Porter, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies:
“RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby author&d to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affied by stamping, printing, typing, or photocopying. v
CERTIFICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force.
IN WITNESS WHEREOF, I have set my hand this 7th hyof December ) 2001
John H. Craig, Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-l 111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400.
Bond No. 184 59 74 Premium 657.00
FAlTHFUL PERFORMANCEIUVARRANW BOND
WHEREAS, the City Council of the City of Cansbad, State of California, by Reaotution
NO. 2001-344 , adopted DECEMBER 4, 2001 , has awarded to
COMMERCIAL E INDUSTRIAL ROOFING CO., INC. , (hereinafter
designated as the “Principal”), a Contraot for: New Roof et Are Station No. 5 - Contract No. FAC
0244
in the City of Carlsbad, in strlot conformity with the contract, the drawings and spedfication~, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorpotatsd herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof
raqutm the fumishlng of a bond for the faithful performanoe and warranty of said Contraot;
COMMERClAL 3 INDUSTRIAL ROOF!NC CO., INC. NOW, THEREFORE, WE, J as Prinoipel,
(hareinafterdeaignated asthe"ContraCtOf), and Insurance Company Of The west
, as Surety, are held and fkmly bound unto the City of Carlsbad,
SEVENTY TWO THOUSAND, NINE HUNDRED SEVEN’TY,SlX AND OOllOO In the sum of Dollars ($ 72 I WL-), said sum being equal to one hundred percent (100%) of me estimated amount of the Contract, to be paid to Cii or its certain attorney, its suooe~~ors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and admin?trators, successors or assigns, @lntly and severally, flnly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and eny alteration thereof made as thsrein provided “on their part, to be kept and performad at the time and in the manner therein specified, and in all respeota according to their true intent and mennlng, and shall Indemnify and save harmless the City of Carlabad, ttS offioem, employees and agents, a8 themin stipulated, then this obligation shall became null and void; ohwise it shall remain in full force and effeot
As a part of the obligation secured hereby and In addition to the face amount speoified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, ,incurred by the City in successfully enforolng such obligation, all to be taxed a8 ooae and included in any judgment rendered.
Surety stipulates and agrees that no change, extension of tfme, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the sp&fk&lans accompanying the same shall affect It8 obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the term of the contract or to me work or to the 8peclfkzations.
,- In the event that Contractor is an indlvidud, It is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond.
Executed by CONTRACTOR this 7th Executed by SURFlY this 7th day of
day of December ,20,-E. December B 2uL
CONTRACTOR: SURETY:
Commercial & Industrial Roofing Co.,Inc. Insurance Companv Of J&e West
Neal ,T, Rilev
(print name here)
Vice-President/Secretary
(‘IMe and Crganization of Signatory)
Barry L. Turnour
(print .name hen?)
(name of Surety)
1.1455 El Cawnl San Diem, CA. 92130
(address of Surety)
58) 350 3401)
(teieph&te number of Surety)
By. &gu {signature of Attomey+Fact)
(printed name of Attomey4n-Fact)
(Attach corporate re~olutlon showing current
power of attorney.)
President
(Title and Organtzation of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and SUREIY must be attached.)
(President or vice-p&dent and secretary or assistant secretary must sign for corpor&ions. If only one officer signs, the corporation must attach a resolution certified by the secretary or assIstant secretary under corporate seal empowering that officer to bind the oorporation.)
APPROVED AS TO FORM: RONALD R. BALL
WAamY
State of California
County of San Diego
beforeme, Emily Hamecher. Notary Public
INAMErTlTLE OF OFFICER-i.s.‘JANE DOE, NOTARY PUBLIC’j
personally appeared Neal J. Riley
(NAME(S) OF SIGNERIS~I
El personally known to me -OR- Cl & roved to me on the asis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies!, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
b*A---AAhhAnh*-- -
EMILY HAMECHER
COMM. #1234699
1 NOTARY PUBUC-CALIFDRNIA
(SEAL)
acted, executed the instrument.
Witness my hand and official seal.
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
THIS CERTIFICATE Mk or Type of Document
MUST BE A-ITACHED
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT:
Signer(s) Other Than Named Above
RIGHT THUMBPRINT IOptional)
CAPACITY CLAIMED BY SIGNER(S)
•INDIVIDUAL~S)
q CORF’CRATE _
OFFICERfSl ITITLESI
q PARTNERW q LIMITED
q GENERAL
q AlTORNEV IN FACT
q TRUSTEE(S)
q GUARDIAN~CONSER~ATOR q OTHER:
SIGNER IS REPRESENTINQ:
(Name of Per8onfr) or Entity&s)
RIGHT THUMBPRINT (Optional)
CAPACITY CLAIMED BY SlQNER(S)
q lNDlVlDUAL(S)
q CORPORATE
OFFICER(S)
~TITlESl
q PARTNERW q LIMITED
q GENERAL
•A~~~RNEY lN FACT
q TRUSTEEfS)
q GUARD~AN~CONSER~ATOR
q OTHER:
SIQNER IS REPRESENTINQ:
(Name of Person(s) or Entity(k)
WOLCOTTS FORM 63240 Rev. 3-94 lprice class 8-2A) Q 1694 WOLCOTTS FORMS, INC.
ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPAESENTATlON~O FINGERPRINTS
State of California
County of San Diego
On 12/21/2001 before me, Emily Hamecher, Notary Public
(DATE)
personally appeared
[NAME/TITLE OF OFFICER-i.s.‘JANE DOE, NOTARY PUBLIC’)
Barry L. Turnour
INAMEISI OF SIGNERISII
6?l personally known to me -OR- Cl E roved to me on the asis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacitylies!, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the oerson(s)
EMILY HAMECHER -9
COMM. #1234689 w NOTARY PUBUCGAUFOORNIA --I .___..... ---- -
SAN DIEGO COUNTY My Comm. Expires Sept. 16.2003 ci y
acted, execuied tile instrument.
Witness my hand and official seal.
(SEAL) q-7&
/(SIGNATUF~E OF NOTARY) (
RIGHT THUMBPRINT (Optional)
CAPACITY CLAIMED BY SIQNERIS)
OINDIVIDUAW)
OCORPOAATE _
OFFICEAfSI UITLES,
q PARTNERIS) q LIMITED
q GENERAL
q AlTORNEY IN FACT
q TRUSTEE(S)
q GUARD~ANIC~NSERVATOR
q OTHER:
SIQNER IS REPRESENTINO:
fName of Person(r) or Entity(k)
RIGHT THUMBPRINT (OptionsI)
ATTENTION NOTARY
The information requested below and in the column to the right is OPTIONAL.
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of this certificate to any
unauthorized document.
q PARTNERW q LIMITED
q GENERAL
•A~ORNEY IN FACT
THIS CERTIFICATE Tile or Type of Document Faithful Performance/Warranty BOII&TRUSTEEW
MUST BE AlTACHED •GUARDIANIC~NSERVATOR
TO THE DOCUMENT Number of Pages 2 Date of Document 12/7/2001 q OTHER:
DESCRIBED AT RIGHT:
Signeris) Other Than Named Above
SIQNER IS REPRESENTING:
fNams of PersonIrl or Entityfiis)
CAPACITY CLAIMED BY SIGNERIS)
q INDIVIDUALIS)
q CORPORATE
OFFICER(S)
ITITLES,
WDLCOTTS FORM (13240 Rev. 3-84 (price class S-ZAI 0 ,994 WOLCOTTS FORMS. INC. ALL PURPOSE ACKNOWLEDGMENT WlTH SIGNER CAPACITY/REPRESENTATION/TWO FINGERPRINTS
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Eounty of San Diego
3n December 7,200l before me, Debbie Hentzen, Notary Public
personally appeared Michael G. Hall,
XI personally known to me -G&---n 2 to be the person@
whose name@ is&e subscribed to the within instrnment and acknowledged to me that heJ&&hey executed the same in hislh,/+k,;,
authorized capacity+es), and that by hi- signature(+ on the instnnnent the person@, or the entity upon behalf of which the person@
acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
l-bough the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
i-audulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
J INDIVIDUAL
7 CORPORATE OFFICER
1 PARTNER(S) q LIMITED
8 ATTORNEY-IN-FACT
7 TRUSTEE(S) 1 GUARDIAN/CONSERVATOR X-HER:
SIGNER IS REPRESENTING:
WME OF PERSON(S) OR ENTITY@%)
CA-ICW 24 (7KKI)
No. OOOOOlO
ICW GROUP Power of Attorney Insurance Company of the West
The Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The
Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the “Companies’), do hereby appoint
MICHAEL G. HALL
their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents.
IN WITNESS WHEREOF, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001.
INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
John H. Craig, Assistant Secretary John L. Hammm, Executive Vice President
State of California
County of San Diego > ss.
On January 16,2001, before me, Norma Porter, Notary Public, personally appeared John L. Hamutm and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument.
Witness my hand and official seal.
Norma Porter, Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies:
“RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant
Secretary, are hereby author&d to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity
and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affied by stamping, printing, typing, or photocopying. ”
CERTIFICATE
I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force.
lN WITNESS WHEREOF, I have set my hand this 7th dayof December ) 2001
John H. Craig, Assistant Secretary
To verify the authenticity of this Power of Attorney you may call l-800-877-1 111 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400.
OPTIONAL ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called ‘City” and
whose address is
hereinafter called
“Contractor” and whose address is
called “Escrow Agent.”
hereinafter
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows:
1. Pursuant to sections 22300 and 10283 of the Public Contract Code of the State of California,
the contractor has the option to deposit securities with the Escrow Agent as a substitute for retention
earnings required to be withheld by the City pursuant to the Construction Contract entered into
between the City and Contractor for New Roof at Fire Station No. 5 - Contract No FAC 0244 in the amount of dated (hereinafter referred to as
the “Contract”). Alternatively, on written request of the contractor, the City shall make payments of the retention earnings directly to the escrow agent. When the Contractor deposits the securities as a
substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the escrow
agent in connection with the handling of retentions under these sections in an amount not less than
$100,000 per contract. The market value of the securities at the time of the substitution shall be a
least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the
, and shall designate the Contractor as the beneficial owner.
2. The City shall make progress payments to the Contractor for such funds which otherwise would
be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow
Agent holds securities in the form and amount specified above.
3. When the City makes payment of retentions earned directly to the escrow agent, the escrow
agent shall hold them for the benefit of the contractor until such time as the escrow created under
this contract is terminated. The contractor may direct the investment of the payments into securities.
All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the escrow agent directly.
4. The contractor shall be responsible for paying all fees for the expenses incurred by the Escrow
Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account
Revised 9/l 1 /OO Contract No. FAC02-04 Page 35 of 60 Pages
_.^. only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days’ written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the contractor pursuant to sections (1) to (8) inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release, conversion and disbursement of the securities and interest as set forth above.
10. The names of the persons who are authorized to give written notices or to receive written notice
on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
For Contractor:
For Escrow Agent:
Title
Name
Signature
Title
Name
Signature
Address
Title
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
Revised 9/l 1 /OO Contract No. FAC02-04 Page 36 of 60 Pages
-. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City: Title
Name
Signature
Address
For Contractor:
For Escrow Agent:
.-.
Title
Name
Signature
Address
Title
Name
Signature
Address
Revised 9/l 1 /OO Contract No. FAC02-04 Page 37 of 60 Pages
SUPPLEMENTAL PROVISIONS
FOR
New Roof at Fire Station No. 5
CONTRACT NO. FAC 02-04
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
1-l TERMS
Add the following section:
l-l .l Reference to Drawings. Where words “shown “, “indicated”, “detailed”, “noted”, “scheduled”,
or words of similar import are used, it shall be understood that reference is made to the plans
accompanying these provisions, unless stated otherwise.
Add the following section:
l-1.2 Directions. Where words “directed”, “designated”, “selected”, or words of similar import are
used, it shall be understood that the direction, designation or selection of the Public Works Manager/General Services is intended, unless stated otherwise. The word “required” and words of
similar import shall be understood to mean “as required to properly complete the work as required and as approved by the Public Works Manager/General Services,’ unless stated otherwise.
Add the following section:
l-l .3 Equals and Approvals. Where the words “equal”, “approved equal”, ‘equivalent”, and such
words of similar import are used, it shall be understood such words are followed by the expression “in
the opinion of the Public Works Manager/General Services”, unless otherwise stated. Where the words “approved”, “approval”, “acceptance”, or words of similar import are used, it shall be
understood that the approval, acceptance, or similar import of the Public Works Manager/General
Services is intended.
Add the following section:
l-l.4 Perform. The word “perform” shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the
furnishing and installing of materials that are indicated, specified or required to mean that the
Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein.
Revised 9/l 1 /OO Contract No. FAC02-04 Page 38 of 60 Pages
A-- Agency - the City of Carlsbad, California.
City Council -the City Council of the City of Carlsbad.
City Manager - the City Manager of the City of Carlsbad or his/her approved representative.
Dispute Board - persons designated by the City Manager to hear and advise the City Manager on
claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute
resolution.
Public Works Manager/General Services - the Public Works Director of the City of Carl&ad or
his/her approved representative. The Public Works Manager/General Services is the third level of
appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original
Contract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired,
directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further,
such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in
Section 2-3.1 “own organization” means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an
operator is not part of the Contractor’s Own Organization and will not be included for the purpose of
compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions.
Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided
who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee
of the Agency or a public utility.
Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal for
informal dispute resolution.
Project Inspector - the Public Works Manager/General Services’s designated representative for inspection, contract administration and first level for informal dispute resolution.
Project Manager - the Public Works Manager/General Services of the City of Carlsbad or his/her
approved representative.
Senior Inspector - the Project Inspector’s immediate supervisor and first level of appeal for informal
dispute resolution.
1-3 ABBREVIATIONS
l-3.2 Common Usage, add the following:
Abbreviation Word or Words Apts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Apartment and Apartments
Bldg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building band Buildings CMWD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Carlsbad Municipal Water District
CSSD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Carlsbad Supplemental Standard Drawings cfs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cubic Feet per Second
Comm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commercial
DR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dimension Ratio
Revised 9/l 1 /OO Contract No. FACO2-04 Page 39 of 60 Pages
,- E ............................................ Electric
G ............................................ Gas
gal .......................................... Gallon and Gallons
Gar ......................................... Garage and Garages
GNV ....................................... Ground Not Visible
gpm ........................................ gallons per minute
IE ........................................... Invert Elevation
LCWD .................................... Leucadia County Water District
MSL ....................................... Mean Sea Level (see Regional Standard Drawing M-12)
MTBM .................................... Microtunneling Boring Machine
NCTD ..................................... North County Transit Distrct
OHE ....................................... Overhead Electric
OMWD ................................... Olivenhain Municipal Water District
ROW ...................................... Right-of-Way
S ............................................ Sewer or Slope, as applicable
SDNR .................................... San Diego Northern Railway
SDRSD .................................. San Diego Regional Standard Drawing
SFM ....................................... Sewer Force Main T ............................................. Telephone
UE .......................................... Underground Electric
W ........................................... Water, Wider or Width, as applicable
VWD ...................................... Vallecitos Water District
SECTION 2 -- SCOPE AND CONTROL OF THE WORK
2-3 SUBCONTRACTS.
2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring
the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the
value of the work performed in excess of 50 percent of the contract price by other than the Contractor’s own organization. The City Council shall be the sole body for determination of a violation
of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and
location of said hearing. The determination of the City Council shall be final.
2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, “who is listed in the latest version of U.S. Department of Treasury Circular 570,“.
Modify paragraphs three and four to read: The Contractor shall provide a faithful perform-
ance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful
performance/warranty bond shall be in the amount of 100 percent of the contract price. The
Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount
equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
total amount payable does not exceed five million dollars ($5000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total
amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million - dollars ($1 O,OOO,OOO). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
exceeds ten million dollars ($1 O,OOO,OOO). Both bonds shall extend in full force and effect and be retained by the Agency during this project until
Revised 9/l l/00 Contract No. FAC02-04 Page 40 of 60 Pages
.- they are released according to the provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days
after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Public Works
Manager/General Services. The bonds to secure payment of laborers and materials suppliers shall
be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admitted and
authorized to transact the business of insurance in California and whose assets exceed their
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the
following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other
instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the
execution of the bond. The financial statement shall be made by an officers certificate as defined in
Section 173 of the Corporations Code. In the case of a foreign insurer, the financial statement may
be verified by the oath of the principal officer or manager residing within the United States.
2-5 PLANS AND SPECIFICATIONS.
2-5.1 General, add the following: The specifications for the work include the Standard
Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 AND 1999
supplements thereto, hereinafter designated “SSPWC”, as written and promulgated by Joint
Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the
Supplemental Provisions section of this contract.
2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered.
Resubmittals shall be labeled with the number of the original submittal followed by an ascending
alphabetical designation (e.g. The label ‘4-C’ would indicate the third instance that the fourth
submittal had been given to the Public Works Manager/General Services). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be
accompanied by a letter of transmittal on the Contractor’s letterhead. The Letter of transmittal shall contain the following:
1) Project title and Agency contract number.
2) Number of complete sets. 3) Contractor’s certification statement.
4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for
the same materials.)
6) Description of the contents of the submittal.
7) Identification of deviations from the contract documents.
When submitted for the Public Works Manager/General Services’s review, Shop Drawings shall bear
the Contractor’s certification that the Contractor has reviewed, checked, and approved the Shop
Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall subscribe to and shall place the following certification on all submittals:
Revised 9/l 1 /OO Contract No. FACO2-04 Page 41 of 60 Pages
.- “I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in
the allocated spaces, and is submitted for approval.”
By: Title:
Date:
Company Name:
2-10 AUTHORITY OF BOARD AND PUBLIC WORKS MANAGER/GENERAL SERVICES.
Add the following section:
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies
of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Public
Works Manager/General Services may request.
.-
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Public
Works Manager/General Services, within San Diego County, accurate books and accounting records
relative to all its activities and to contractually require all subcontractors to this Contract to do the
same. The Public Works Manager/General Services shall have the right to monitor, assess, and
evaluate Contractors and its subcontractors performance pursuant to this Agreement, said
monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of
premises, reports, contracts, subcontracts and interviews of Contractor’s staff and the staff of all
subcontractors to this contract. At any time during normal business hours and as often as the Public Works Manager/General Services may deem necessary, upon reasonable advance notice,
Contractor shall make available to the Public Works Manager/General Services for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this
Contract and will permit the Public Works Manager/General Services to audit, examine, copy and
make excerpts or transcripts from such data and records, and to make audits of all invoices,
materials, payrolls, records of personnel, and other data relating to all matters covered by this
Contract. However, any such activities shall be carried out in a manner so as to not unreasonably
interfere with Contractor’s ongoing business operations. Contractor and all subcontractors to this
contract shall maintain such data and records for as long as may be required by applicable laws and regulations.
SECTION 3 -- CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in
quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of
contract unit price for such items will be limited to that portion of the change in excess of 25 percent of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Public Works Manager/General Services, be paid pursuant to
section 3-3, Extra Work.
3-3 EXTRA WORK.
3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs
shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by CALTRANS,
Revised 9/l 1 /OO Contract No. FACO2-04 Page 42 of 60 Pages
current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein
shall be used as multipliers of the rental rates for determining the value of costs for delay to the
Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract.
3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following:
(a) Work by Contractor. The following percentages shall be added to the Contractor’s costs
and shall constitute the markup for all overhead and profits:
1) Labor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
2) Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
3) Equipment Rental . . . . . . . . . . . . . . . . . . . 15
4) Other Items and Expenditures . . 15
To the sum of the costs and markups provided for in this section, 1 percent shall be added as
compensation for bonding.
(W Work by Subcontractor. When all or any part of the extra work is performed by a
Subcontractor, the markup established in section 3-3.2.3(a) shall be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of
the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted
portion of the extra work may be added by the Contractor.
3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for
extra work will not be made until such time that the Contractor submits completed daily reports and
all supporting documents to the Public Works Manager/General Services.
3-4 CHANGED CONDITIONS.
Delete the second sentence of paragraph three, delete paragraph five (5) and add the following: The
Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Public Works Manager/General Services, including failure or refusal to issue a change
order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Public Works Manager/General Services due written notice of potential
claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to
notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on
differences in measurement or errors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Public Works
Manager/General Services upon their discovery and prior to the time that the Contractor performs the
work giving rise to the potential claim. The Contractor’s failure to give written notice of potential claim
for changed conditions to the agency upon their discovery and before they are disturbed shall
constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within 20
working days of the date of service of the written notice of potential claim for changed conditions.
Verbal notifications are disallowed.
Revised 9/l 1 /OO Contract No. FAC02-04 Page 43 of 60 Pages
_.-_ The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-l 2655.
“The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City’s proposed final estimate in order for it to be further considered.”
By: Title:
Date:
Company Name:
The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Public Works Manager/General Services within
20 working days after the affected work is completed. Failure to do so shall be sufficient cause for
denial of any claim subsequently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Public Works Manager/General Services at the earliest
possible time in order that such matters be settled, if possible, or other appropriate action promptly
taken.
3-5 DISPUTED WORK. +--
Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in
connection therewith.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall
attempt to resolve all disputes informally through the following dispute resolution chain of command:
1. Project Inspector
2. Senior Inspector
3. Principal Inspector
4. Public Works Director
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review
the Contractor’s report and respond with a position, request additional information or request that the
Contractor meet and present its report. When additional information or a meeting is requested the
City will provide its position within 10 working days of receipt of said additional information or
Contractor’s presentation of its report. The Contractor may appeal each level’s position up to the City
.I. Manager after which the Contractor may proceed under the provisions of the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a resolution
to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract.
Revised 9/l 1 /OO Contract No. FAC02-04 Page 44 of 60 Pages
/- All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section
20104) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) “Public work” has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that “public work” does not include any work or improvement contracted for by the state or the Regents of the University of California.
(2) “Claim,, means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract
for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
-- 20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing of
claims.
.-
(b)(l) For claims of less than fifty thousand dollars ($SO,OOO), the local agency shall respond in
writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30
days of receipt of the claim, any additional documentation supporting the claim or relating to
defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to the
claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater.
(c)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
the claim, any additional documentation supporting the claim or relating to defenses to the claim the
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency’s written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency’s response or within 15 days of the local agency’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and
Revised 9/l 1100 Contract No. FAC02-04 Page 45 of 60 Pages
_-
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
meet and confer conference within 30 days for settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any portion remains in dispute, the
claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2
(commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For
purposes of those provisions, the running of the period of time within which a claim must be filed
shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a)
until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code.
20164.4. The following procedures are established for all civil actions filed to resolve claims subject
to this article:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties.
The mediation process shall provide for the selection within 15 days by both parties of a disinterested
third person as mediator, shall be commenced within 30 days of the submittal, and shall be
concluded within 15 days from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail
to select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141 .lO) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141 .ll of that code. The Civil Discovery Act of 1986 (Article 3 (commencing
with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any
proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the
parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except
in the case of arbitration where the arbitrator, for good cause, determines a different division. In no
event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141 .lO) Title 3 of Part 3 of the Code of Civil
Procedure, any party who after receiving an arbitration award requests a trial de novo but does not
obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter,
pay the attorney’s fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed
except as otherwise provided in the contract.
(b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court
of law.
._.-.
Revised 9/l l/O0 Contract No. FACO2-04 Page 46 of 60 Pages
SECTION 4 - CONTROL OF MATERIALS
4-l MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Public Works Man-
ager/General Services free and safe access to any and all parts of work at any time. Such free and
safe access shall include means of safe access and egress, ventilation, lighting, shoring,
dewatering and all elements pertaining to the safety of persons as contained in the State of
California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of
Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as
may apply. Contractor shall furnish Public Works Manager/General Services with such information
as may be necessary to keep the Public Works Manager/General Services fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any
portion of the work or materials incorporated in the work shall not relieve Contractor from any
obligation to fulfil1 this Contract.
4-1.4 Test of Materials, delete the phrase, “and a reasonable amount of retesting”, from the third
sentence of the first paragraph.
add the following: Except as specified in these Supplemental Provisions, the Agency will bear the
cost of testing of locally produced materials and/or on-site workmanship where the results of such
tests meet or exceed the requirements indicated in the Standard Specifications and the
Supplemental Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Public Works Manager/General Services, the source of supply of each of the materials shall be approved by the Public Works Manager/General Services before the delivery is
started. All materials proposed for use may be inspected or tested at any time during their
preparation and use. If, after incorporating such materials into the Work, it is found that sources of
supply that have been approved do not furnish a uniform product, or if the product from any source
proves unacceptable at any time, the Contractor shall furnish approved material from other approved
sources. If any product proves unacceptable after improper storage, handling or for any other reason
it shall be rejected, not incorporated into the work and shall be removed from the project site all at the
Contractor’s expense.
Compaction tests may be made by the Public Works Manager/General Services and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said
tests may be made at any place along the work as deemed necessary by the Public Works Manager/General Services. The costs of any retests made necessary by noncompliance with the
specifications shall be borne by the Contractor.
4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the
satisfactory performance of substituted If, in the sole opinion of the Public Works
Manager/General Services, the substitution is etermined to be unsatisfactory in performance, appearance, durability, compatibility with items, availability of repair parts and suitability
of application the Contractor shall remove the item and replace it with the originally
specified item at no cost to the Agency.
Add the following section:
4-2 MATERIALS TRANSPORTATION, HANDLI G AND STORAGE.
The Contractor shall order, purchase, transport coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate,
! remove and dispose excess of all materials u ed to accomplish the Work. Materials shall be
Revised 9/l 1 /OO Contract c o. FAC02-04 Page 47 of 60 Pages
delivered to the site of the work only during working hours, as defined in section 6-7.2, and shall be
accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a
description of the material(s) shipped. Prior to storage of any materials which have been shipped to
or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the
Public Works Manager/General Services a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description
of materials allowed to be stored and shall provide for the removal of the materials and restoration
of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and
the location of the site on which the materials are stored, Loss, damage or deterioration of all stored
materials shall be the Contractor’s responsibility. Conformance to the requirements of this section,
both within and outside the limits of work are a part of the Work. The Public Works Man-
ager/General Services shall have the right to verify the suitability of materials and their proper
storage at any time during the Work.
SECTION 5 -- UTILITIES
5-l LOCATION.
Delete the first paragraph and substitute the following: The Agency and affected utility companies
have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities
which exist within the limits of the work. However, the accuracy and/or completeness of the nature,
size and/or location of utilities indicated on the Plans is not guaranteed.
54 RELOCATION.
Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits
of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb
and gutter that is a part of the work and adjacent to the location where such utility structures are
shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities that interfere with the construction, the Contractor, upon the Public Works Manager/General
Services’s approval, may be permitted to temporarily omit the portion of work affected by the utility. If
such temporary omission is approved by the Public Works Manager/General Services the Contractor
shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to
the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefor or for additional
work, materials or delay associated with the temporary omission. The portion thus omitted shall be
constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Public Works Manager/General Services.
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE,OF THE WORK
6-l CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
Delete section 6-l and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within calendar days after receipt of the ‘Notice to Proceed”. 20
Revised 9/l 1 /OO Contract No. FAC02-04 Page 48 of 60 Pages
Add the following section:
8-l .l Pre-Construction Meeting. After, or upon, notification of contract award, the Public Works
Manager/General Services will set the time and location for the Preconstruction Meeting. Attendance
of the Contractor’s management personnel responsible for the management, administration, and
execution of the project is mandatory for the meeting to be convened. Failure of the Contractor to
have the Contractor’s responsible project personnel attend the Preconstruction Meeting will be
grounds for default by Contractor per section 6-4. No separate payment will be made for the
Contractor’s attendance at the meeting. The notice to proceed will only be issued on or after the
completion of the preconstruction meeting.
Add the following section:
6-1 .l .l Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline
Construction Schedule per the submittal requirements of section 2-5.3.3.
Add the following section:
8-l .2.5 Schedule Activities. Except for submittal activities, activity durations shall not be shorter
than 1 working day nor longer than 15 working days, unless specifically and individually allowed by
the Public Works Manager/General Services. The Baseline Construction Schedule shall include all
activities, including submittals, interfaces between utility companies and other agencies, project
milestones and equipment and material deliveries. The number of activities will be sufficient, in the
judgment of the Public Works Manager/General Services, to communicate the Contractor’s plan for
project execution, to accurately describe the project work, and to allow monitoring and evaluation of
progress and of time impacts. Each activity’s description shall accurately define the work planned for
the activity and each activity shall have recognizable beginning and end points.
Add the following section:
8-l .2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency
supplied materials, equipment, or sewices, which may impact any activity’s construction shall be
shown as a restraint to those activities. Time periods to accommodate the review and correction of
submittals shall be included in the schedule.
Add the following section:
8-l .2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer
than the specified contract duration will not be acceptable and will be grounds for determination of default by Contractor, per section 6-4.
Add the following section:
8-l .2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to
support and maintain the project for the entire contractual time span of the project. Should the
Contractor propose a project duration shorter than contract duration, a complete Baseline
Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of section 6-l. The Public Works Manager/General Services may
choose to accept the Contractor’s proposal of a project duration shorter than the duration specified;
provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency’s acceptance
of a shortened duration project will be confirmed through the execution of a contract change order
revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration.
Revised 9/l 1 /OO Contract No. FAC02-04 Page 49 of 60 Pages
Add the following section:
6-l 9.10 Public Works Manager/General Services Review. The Construction Schedule is
subject to the review of the Public Works Manager/General Services. The Public Works
Manager/General Services determination that the Baseline Construction Schedule proposed by the
Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to issuance of the Notice to Proceed by the Public Works Manager/General Services. If
the Public Works Manager/General Services determines that the Construction Schedule does not meet the requirements of these specifications the Contractor shall correct the Construction Schedule
to meet these specifications and resubmit it to the Public Works Manager/General Services. Failure
of the Contractor to obtain the Public Works Manager/General Services determination that the initial
Construction Schedule proposed by the Contractor complies with the requirements of these
supplemental provisions within thirty (30) working days after the date of the pre construction meeting
shall be grounds for termination of the contract per section 6-4. Days used by the Public Works
Manager/General Services to review the initial Construction Schedule will not be included in the 30 working days.
The Public Works Manager/General Services will review and return to the Contractor, with any
comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline
Construction Schedule will be returned marked as per sections 6-l .2.10.1 through 6-1.2.10.3.
Add the following section:
6-1.2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the
Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1.
Add the following section:
6-1.2.10.2 “Accepted with Comments.” The Contractor may proceed with the project work upon
issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the
comments prior to receipt of payment per section 6-1.8.1.
Add the following section:
6-l .2.10.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the
corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The Notice
to Proceed will not be issued by the Public Works Manager/General Services if the changes of the
comments are not submitted as required hereinbefore and marked “Accepted” or “Accepted with
Comments” by the Public Works Manager/General Services. The Contractor, at the sole option of
the Public Works Manager/General Services, may be considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments
are not submitted as required hereinbefore and marked “Accepted” by the Public Works Manager/General Services.
Add the following section:
6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the
Public Works Manager/General Services during the last week of each month to agree upon each
activity’s schedule status and shall submit monthly updates of the Baseline Construction Schedule
confirming the agreements no later than the fifth working day of the following month.
Add the following section:
6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in
later updates without specific notification to the Public Works Manager/General Services with the
update.
Revised 9/l 1 /OO Contract No. FAC02-04 Page 50 of 60 Pages
,.--- Add the following section:
6-l .3.2 Activity Percent Complete. For each activity underway at the end of the month, the
Contractor shall report the percentage determined by the Public Works Manager/General Services as complete for the activity.
Add the following section:
6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic,
with an explanation for each change.
Add the following section:
6-7.3.5 Change Orders, Each monthly update will include the addition of the network revisions
reflecting the change orders approved in the previous month. The network revisions will be as
agreed upon during the review and acceptance of the Contractor’s change orders.
Add the following section:
6-l. 4 Public Works Manager/General Services Review of Updated Construction Schedule. The Public Works Manager/General Services will review and return the Updated Construction
Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated
Construction Schedule will be returned marked as per sections 6-1.4.1 through 6-1.4.3. Any
Updated Construction Schedule marked ‘Accepted with Comments” or “Not Accepted” by the Public
Works Manager/General Services will be returned to the Contractor for correction. Upon resubmittal
the Public Works Manager/General Services will review and return the resubmitted Updated
Construction Schedule to the Contractor, with any comments, within 5 working days. Failure of the
Contractor to submit a monthly updated construction schedule will invoke the same consequences
as the Public Works Manager/General Services returning a monthly updated construction schedule - marked “Not Accepted”.
Add the following section:
6-1.4.1 “Accepted.” The Contractor may proceed with the project work, and will receive payment for the schedule in accordance with section 6-1.8.2.
Add the following section:
6-l .4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Public Works Manager/General
Services incorporating the corrections and changes noted in the Public Works Manager/General
Services comments prior to receipt of payment per section 6-1.8.2.
Add the following section:
6-l .4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the
Public Works Manager/General Services incorporating the corrections and changes noted in the Public Works Manager/General Services comments prior to receipt of payment per section 6-1.8.2.
The Contractor, at the sole option of the Public Works Manager/General Services, may be
considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY
CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the
Public Works Manager/General Services before the last day of the month in which the Updated
Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construction
Schedule as required herein the Contractor may elect to proceed with the project at its own risk.
Should the Contractor elect not to proceed with the project, any resulting delay, impact, or disruption
to the project will be the Contractor’s responsibility.
Add the following section:
6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly adjusted contract or milestone
Revised 9/l 1 /OO Contract No. FAC02-04 Page 51 of 60 Pages
duration, the Agency may withhold Liquidated Damages for the number of days late. Should a
subsequent “Accepted” Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the
Contractor immediately following the “Accepted” schedule.
Add the following section:
6-l .8 Interim Revisions. Should the actual or projected progress of the work become
substantially different from that depicted in the Project Schedule, independently of and prior to the
next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list
and explanation of each change made to the schedule. The Revised Construction Schedule will be
submitted per the submittal requirements of section 2-5.3 and per the schedule review and
acceptance requirements of section 6-1, including but not limited to the acceptance and payment
provisions. As used in this subsection “substantially different,, means a time variance greater than 5
percent of the number of days of duration for the project.
Add the following section:
6-l. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update
when one hundred percent of the construction work is completed. The Contractor’s Final Schedule
Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and
6-1. 4 Public Works Manager/General Services Review of Updated Construction Schedule.
Acceptance of the final schedule update is required for completion of the project and release of any and all funds retained per section 9-3.2.
Add the following section:
6-l .8.2 Monthly Updated Construction Schedule Payments. Monthly Updated Construction
Schedule Payments of N/A dollars will be made subsequent to the initial payment for the
Construction Schedule for each monthly Construction Schedule, updated as required herein, that the
Public Works Manager/General Services has accepted as sufficient within the month that the
monthly progress payment pertains. No payment shall be made, nor shall any payment accrue, for any monthly updated construction schedule that is not marked “Accepted,, by the Public Works
Manager/General Services on or before the twentieth working day of the month such monthly
updated construction schedule is due per section 6-l .3 Preparation of Schedule Updates and
Revisions. The sum of the amounts paid for Construction Schedule during the initial and subsequent
payment periods, or extensions to the contract, shall not exceed the stipulated lump sum price for Construction Schedule.
Add the following section:
6-1.1 Measurement And Payment Of Construction Schedule. The Contractor’s preparation,
revision and maintenance of the Construction Schedule are incidental to the work and no separate
payment will be made therefor.
6-2 PROSECUTION OF WORK.
Add the following section:
6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the
Project Plans and as specified in the Specifications. The work includes furnishing and installing a
new roof at Fire Station No. 5
Revised 9/l 1 /OO Contract No. FAC02-04 Page 52 of 60 Pages
Add the following section:
6-2.3 Project Meetings. The Public Works Manager/General Services will establish the time and
location of bi-weekly Project Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project Representative shall be the individual determined under section 7-6,
‘The Contractor’s Representative”, SSPWC. No separate payment for attendance of the Contractor,
the Contractor’s Representative or any other employee or subcontractor or subcontractors employee
at these meetings will be made.
6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice
to the Public Works Manager/General Services within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor
has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Public Works
Manager/General Services, each working day, throughout the duration of such period of delay. The
initial and continuing written notices shall include the classification of each workman and supervisor
and the make and model of each piece of equipment placed on standby, the cumulative duration of
the standby, the Contractor’s opinion of the cause of the delay and a cogent explanation of why the
Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not
submit any claim(s) therefor.
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within working days after the starting date specified in the Notice to Proceed. 30
6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Public Works
Manager/General Services, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m.
on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written
approval of the Public Works Manager/General Services if the Contractor desires to work outside
said hours or at any time during weekends and/or holidays. This written permission must be
obtained at least 46 hours prior to such work The Public Works Manager/General Services may
approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work
conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work.
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following:
The Public Works Manager/General Services will not accept the Work or any portion of the Work
before all of the Work is completed and all outstanding deficiencies that may exist are corrected by
the Contractor and the Public Works Manager/General Services is satisfied that all the materials
and workmanship, and all other features of the Work, meet the requirements of all of the
specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work
does not constitute acceptance of the Work. If, in the Public Works Manager/General Services’s
judgment, the Work has b88n completed and is ready for acceptance the Public Works Manager/General Services will so certify to the Board. Upon such certification by the Public Works
Manager/General Services the Board may accept the completed Work. Upon the Board’s
acceptance of the Work the Public Works Manager/General Services will cause a “Notice of Completion” to be filed in the office of the San Diego County Recorder. The date of recordation
shall be the date of completion of the Work.
Revised 9/l 1 /OO Contract No. FAC02-04 Page 53 of 60 Pages
.I.. Delete the first sentence of the third paragraph and substitute the following two S8ntenC8S: All
work shall be warranted for one (1) year after recordation of the “Notice of Completion” and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the
Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period.
6-9 LIQUIDATED DAMAGES.
Modify the last sentence of the first paragraph and the first sentence of the second paragraph and
add the following: For each consecutive calendar day in excess of the time specified for completion
of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld
monies due it, the sum of FIVE HUNDRED Dollars ($500.00).
Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per
day is the minimum value of costs and actual damages CaUS8d by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall
not constitute a waiver of this paragraph or of any damages.
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE.
-.
Modify as follows: All insurance is to be placed with insurers that have a rating in Best’s Key Rating
Guide of at least A-:V and are admitted and authorized to conduct business in the state of California
and are listed in the official publication of the Department of Insurance of the State of California.
7-4 WORKERS’ COMPENSATION INSURANCE.
Add the following: All insurance is to be placed with insurers that are admitted and authorized to
conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the
requirement for workers’ compensation insurance.
7-5 PERMlTS.
Delete the first sentence and add the following four sentences: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource
agency and building permits necessary to perform work for this contract on Agency property, in
streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain
and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional
compensation will be allowed therefor.
7-7 COOPERATION AND COLLATERAL WORK.
Add the following section:
7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension
if, in the opinion of the Public Works Manager/General Services, a delay is caused by the utility
company. No additional compensation will be made to the Contractor for any such delay.
Revised 9/l l/O0 Contract No. FACO2-04 Page 54 of 60 Pages
F--‘ 7-8 PROJECT SlTE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein
shall also be executed on weekends and other non-working days when needed to preserve the
health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust
control throughout the duration of the Contract. The Public Works Manager/General Senrices may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to
preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered
incidental to the items of work that they are associated with and no additional payment will be made
therefor.
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
construction meter for water US8d for the construction, plant establishment, maintenance, cleanup,
testing and all other work requiring water related to this contract. The Contractor shall contact the
appropriate water agency for requirements. The Contractor shall pay all costs of temporary light,
power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated
with and no additional payment will be made therefor.
_-
7-8.6 Water Pollution Control. ..Add the following The Contractor shall comply with all
requirements of the storm water pollution and monitoring plan prepared for this project in accordance
with the California State Water Resources Control Board order number 92-08-DWQ, NPDES
General Permit number CAS000002 and the “Water Discharge Requirement for Discharges of Storm
Water Runoff Associated with Construction Activity
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control
Ordinance, Carlsbad Municipal Code Chapter 8.46.
7-10 PUBLIC CONVENIENCE AND SAFETY.
7-10.1 Traffic and Access. add th8 following: The Contractor shall schedule the work so as to
prevent damage by all traffic, including but not limited to mail d8jiV8ty. The Contractor shall not
schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by
calling the City’s contracted waste disposal company, Coast Waste Management at 9299417.
Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicular
traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the
impending disruption. For a full street closure, all residences and/or businesses on the affected
street or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs,
the residences and/or businesses directly affected by the work shall be notified.
The notification shall be hand delivered and shall state the date and time the work will begin and its
anticipated duration. The notification shall list two t8tephOn8 numbers that may be called to obtain additional information. One number shall be the Contractor’s permanent office or field office and the
other number shall be a 24 hour number answered by someone who is knowledgeable about the
project. At least one of the phone numbers shall be in the (760) area code. An answering machine
shall not be connected to either number. The notification shall also give a brief description of the
work and simple instructions to the home or business owner on what they need to do to facilitate the construction. The Contractor shall submit the contents of the notification to the Public Works
Manager/General Services for approval. Notices shall not be distributed until approved by the Public
Revised 9/l 1 /OO Contract No. FAC02-04 Page 55 of 60 Pages
_.--- Works Manager/General Services.
For residences, the notification shall be precut in a manner that enables it to be affixed to a
doorknob without adhesives. It shall be a minimum size of 3-l/2 inches by 8-l/2 inches and shall be
brightly colored with contrasting printing. The material shall be equivalent in strength and durability to
65 lb. card stock. The printing on th8 notice shall be no smaller than 12 point. An example of such notice is provided in Appendix “A”.
In addition to the notifications, the contractor shall post no parking signs 46 hours in advance of the
work being performed. The no parking signs shall state the date and time of parking restriction for a
duration not to eXC88d the time necessary to complete the work at that location. Failure of the
contractor to meet the posted date requires re-posting th8 no parking Signs 48 hours in advance of
the r8SCh8dul8d work. If the work is delayed or rescheduled the no parking signs shall be r8mOV8d and re-posted 46 hours in advance of the rescheduled work.
The preparation, materials, printing and distribution of the notifications shall be included in the
contract price bid for traffic control and the Contractor will not be entitled to any additional
compensation for printing and distributing these notices.
.---..
7-l 0.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in
accordance with the plans, Chapter 5 of the California Department of Transportation “Manual of
Traffic Controls,” 1996 edition and these Supplemental Provisions. If any component in the traffic
control system is damaged, displaced, or ceases to operate or function as specified, from any cause,
during the progress of the work, the Contractor shall immediately repair said component to its original
condition or replace said component and shall restore the component to its original location. In the
event that the Contractor fails to install and/or maintain barricades or such other traffic signs,
markings, delineation or devices as may be required herein, the Public Works Manager/General
Services may, at his/her sole option, install the traffic signs, markings, delineation or devices and
charge the Contractor twenty dollars ($25.00) per day per traffic sign or d8ViC8, or the actual cost of providing such traffic control facility, whichever is the greater.
Add the following section:
7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control
devices shall be maintained throughout the duration of work in good order and according to the
approved traffic control plan. All construction area signs shall conform to the provisions of section
206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section
214-5.1 .et seq. All temporary reflective channelizers shall conform to the provisions of section 214-
5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform
to the provisions of section 210-l .6 et seq. except that all temporary paint shall be rapid dry water
borne conforming to section 210-l .6for materials and section 310-5 et seq. For workmanship.
Warning and advisory signs, lights and d8ViC8S installed or placed to provide traffic control, direction
and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required.
Warning and advisory signs that remain in place overnight shall be stationary mounted signs.
Stationary signs that warn of non-existent conditions shall be removed from the traV8l8d way and from the view of motorists in the traveled way or shielded from the view of the travelling public during
such periods that their message does not pertain to existing conditions. Care shall be used in
performing excavation for signs in order to protect underground facilities. All excavation required to
install stationary construction area signs shall be performed by hand methods without the us8 of
power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of
the travelling public during non-working hours. During the hours of darkness, as defined in Division
1, Section 260, of the California Vehicle Code, portable signs shall be illuminated or, at the option of
Revised 9/l 1 /OO Contract No. FAC02-04 Page 56 of 60 Pages
the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be
affixed or covered with reflective cone sleeves as specified in CALTRANS “Standard Specifications”,
except the sleeves shall be 180 mm (7”) long. Personal vehicles of the Contractor’s employees shall
not be parked within the traveled way, including any section closed to public traffic. Whenever the
Contractor’s V8hiCl8S or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the
shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper
in advance of the parked V8hiCl8S or equipment and along the 8dg8 of the pavement at not less than
7.6 m (25’) intervals to a point not less than 7.6 m (25’) past the last V8hiCl8 or piece of equipment. A
minimum of nine (9) cones or portable d8lin8atOrs shall b8 uS8d for the taper. A C23 (Road Work
Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or
telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the
Public Works Manager/General Services.
Add the following section:
7-10.3.6 Preparation of New, or Modifications and Additions to Existing, Traffic Control Plan
Sheets. If no traffic control plans (TCP) or Traffic Control Staging plans (TCP) are included in the
project plans, or if the Contractor elects to modify TCP included in the project plans, the Contractor
shall have such new or modified TCP prepared and submitted as a part of the Work for any and all
construction activities that are located within the traveled way. The Contractor shall have TCP prepared and submitted as a part of the Work for any construction activities that are a part of this
project that are not included in the project plans. The Contractor must submit the TCP for the Public Works Manager/General Services review in conformance with the requirements of section 2-5.3, 8t
seq. and obtain the Public Works Manager/General Services approval of the TCP prior to implementing them. The minimum 20 day review period specified in section 2-5.3.1 for shop
drawings and submittals shall pertain to each submittal of TCP, new, modified or added to, for the
Public Works Manager/General Services review. New or revised TCP submittals shall include all
TCP needed for the entire duration of the Work. Each phase of the TCP shall be shown in sufficient
scale and detail to show the lane widths, transition lengths, curve radii, stationing of features
affecting the traffic control plan and the methodology proposed to transition to the Subsequent TCP
phase. When the vertical alignment of the traV8l8d surface differs from the finished pavement
elevation vertical cuwes must also be shown. Such modifications, supplements and/or new design of TCP shall meet the requirements of the Public Works Manager/General Sewices and of the
“MANUAL OF TRAFFIC CONTROLS”, 1996 Edition as published by the State of California
Department of Transportation. Such modification, addition, supplement, and/or new design of TCP
shall be prepared by a registered professional Public Works Manager/General Services appropriately
registered in the State of California. The Public Works Manager/General Services shall be the sole
judge of the suitability and quality of any such modifications, supplements, and/or new designs to
TCP The Public Works Manager/General Services may approve any such modifications,
supplements, and/or new designs to the TCP when, in the Public Works Manager/General Services’s
sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the registered professional Public Works Manager/General Services retained by the Contractor will be
beneficial to the best interests of the Agency. Such modification, addition, supplement, and/or new
design shall not be implemented and no work shall be commenced that is contingent on such approval until the changed TCP are approved by the Public Works Manager/General Services. The
preparation of such modification, addition, supplement, and/or new designs of TCP shall not
presuppose their approval or obligate the Agency in any fashion. Submittal and review requirements for such modifications, supplements, and/or new designs to TCP shall conform to the requirements
of section 2-5.3 Shop Drawings and Submittals.
Revised 9/l 1 /OO Contract No. FAC02-04 Page 57 of 60 Pages
-- Add the following section:
7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take at1 necessary
precautions for th8 safety of employees on the work and shall comply with all applicable provisions of
Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons
on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect
and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall us8 danger signs warning
against hazards created by such features of construction as protruding nails, hoists, well holes, and
falling materials.
7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work
include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible
materials, such as borrow pits or gravel beds, for use in the proposed construction project which
would be subject to Section 1601 or Section 1603 of th8 Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of
the contract.
SECTION 9 - MEASUREMENT and PAYMENT
41 MEASUREMENT OF QUANTlTlES FOR UNIT PRICE WORK
9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be
the U.S. Standard Measures.
- 43 PAYMENT.
9-3.1 General. D8l8t8 the eighth paragraph and substitute the following: Guarantee periods shall
not be affected by any payment but shall commence on the date of recordation of the “Notice of
Completion”
_-
9-3.2 Partial and Final Payment. D8l8t8 the second paragraph and substitute the following:
Each month, the Public Works Manag8dGen8ral Services will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The
estimated value will be based on contract unit prices, completed change order work and as provided
for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no
later than thirty (30) calendar days after the closure date. Five (5) working days following the
closure date, the Public Works Manager/General Services shall complete the detailed progress pay
estimate and submit it to the Contractor for th8 Contractor’s information. Should the Contractor
assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the
progress estimate, submit a supplemental payment request to the Public Works Manager/General
s8WiCeS with adequate justification supporting the amount of supptementaj payment request. UpOn receipt of the supplemental payment request, the Public Works Manager/General Services shall, as
soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Public Works Manager/General Services determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as
practicable, but not later than seven (7) days after receipt. The r8tUm8d request shall be accompanied by a dOCUm8nt setting forth in writing th8 reasons why the supplemental payment
request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall
make payments within thirty (30) days after receipt of an undisputed and properly submitted
supplemental payment request from the Contractor. If payment of the undisputed supplemental
payment request is not made within thirty (30) days after receipt by the Public Works Man- ager/General Services, then the City shall pay interest to the Contractor equivalent to the legal rate
set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.
Revised 9/l 1 /OO Contract No. FAC02-04 Page 58 of 60 Pages
Add paragraph 6 et seq. as follows: After final inspection, th8 Public Works Manager/General
Sewices will make a Final Payment Estimate and process a corresponding payment. This estimate
will be in writing and shall be for the total amount owed the Contractor as determined by the Public
Works Manager/General Services and shall be itemized by the contract bid item and change order
item with quantities and payment amounts and shall show all deductions made or to be made for
prior payments and amounts to be deducted under provisions of the contract. All prior estimates and
progress payments shall be subject to correction in the Final Payment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The
Contractor shall provide all documentation at the time of submitting the statement supporting its
position. Should the Contractor fail to submit the statement and supporting dOCUm8ntatiOn within the
time specified, the Contractor acknowledges that full and final payment has b88n made for all
contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the
Public Works Manager/General Services will review the disputed item within 30 calendar days and
make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts
not approved by the Public Works Manager/General Services will be subject to resolution as
specified in subsection 3-5, Disputed Work.
.Y--
The written statement filed by the Contractor shall be in sufficient detail to enable the Public Works
Manager/General Services to ascertain the basis and amount of said disputed items. The Public
Works Manager/General Services will consider the merits of the Contractor’s claims. lt will be the
responsibility of the Contractor to furnish within a reasonable time such further information and
details as may be required by the Public Works Manager/General Services to determine the facts or
contentions involved in its claims. Failure to submit such information and details will be sufficient
cause for denying payment for the disputed items.
43.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in
the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the final payment
estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be
considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4
Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written
Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with
notice or protest requirements.
The claims filed by the Contractor shall b8 in sufficient detail to enable the Public Works
Manager/General Services to ascertain the basis and amount of said claims. The Public Works
Manager/General Services will consider and determine the Contractor’s claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further information and
details as may be required by the Public Works Manager/General Services to determine the facts or
contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims.
r Payment for claims shall be processed within 30 calendar days of their resolution for those claims
approved by the Public Works Manager/General Services. The Contractor shall proceed with informal dispute resolution under subsection 3-5, Disputed Work, for those claims remaining in
dispute.
Revised 9/l 1 /OO Contract No. FACO2-04 Page 59 of 60 Pages
/-- Add the following section:
9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated
into the will not be included in the progress estimate.
Add the following section:
9-3.4.1 Moblllzation and Preparatory Work. Payment for mobilization and preparatory Work will
be included in the various items of work and no other payment will be made.
-
Revised 9/l 1 /OO Contract No. FAC02-04 Page 80 of 60 Pages
.-
SUBMITTED QUOTATION FOR:
City of Carlsbad
Fire House # 5
2540 Orion Way
Carlsbad, CA
SUBMIT QUOTATION TO:
Mr. Greg Clavier
405 Oak Ave
Carlsbad, CA 92008
- PART I - GENERAL
1 .Ol RELATED DOCUMENTS
A. The attached are components of this section:
1. General Conditions.
2. Statement of Roofing Material Manufacturers Qualifications.
3. Pre-final inspection checklist for Contractor.
1.02 SCOPE OF WORK
A. Furnish and install specified roofing and related components to Fire House # 5 at
2540 Orion Way, Carkbad, CA 92008 for the City of Carlsbad.
B. Work includes:
1. Repointing of masonry walls.
2. Dampproofing of masonry walls.
3. Seal and Paint all rooftop Air Handling units and ducts.
4. Prime and re-paint all rooftop access hatches.
5. Removal and replacement of designated roofing.
a. 4 Ply Hot MB BUR
6. Removal of Owner designated equipment and equipment supports.
7. Removal of existing flashings.
8. Installation of the following:
a. Mechanically fastened base sheet and rosin sheet.
b. Hot applied modified bitumen roofing system.
Z.
Granule surfaced.
Factory applied granule surfacing.
e. Specified flashings and accessories.
1) Paint all through roof penetrations with silver reflective coating
C. Roofing material manufacturer shall furnish service agreement and warranty as
specified in the warranty section.
1.03 QUALITY CONTROL
A. Contractor shall:
1. Submit an affidavit attesting the Contractor has in place and fully
implemented a written Health, Safety, and Environmental Plan and the plan
is compliant with all applicable Federal, State, and Local regulations.
2. Be experienced in hot modified bitumen roofing.
a. 5 years minimum.
3. Be acceptable by Owner.
1
.I
4.
5.
6. 7.
Be a Tremco Certified Contractor.
Be Approved by Tremco. The contractor shall be required to acquire
inspection days utilizing Tremco Technical Service Inspectors. The minimum number of Technical Service full time inspection days will be three (3) days
for a project of 200 squares (1858 m*) or less. The number of days will
increase at a rate of one (1) day for each additional 100 squares (929 m*).
Has not been in Chapter 7 during the last ten (10) years.
Provide list of at least 5 projects available for inspection employing same roof
system.
a. Projects must be within 50 mile radius of Owner.
B. Roofing material manufacturer shall:
1. Be Associate Member in good standing with National Roofing Contractors’
Association (NRCA) for at least five (5) years.
2. Be nationally recognized in roofing, waterproofing, and moisture survey
industry.
3. Be approved by Owner.
4. Has not been in Chapter 11 during the last five (5) years.
5. The building Owner is desirous of working with a financially strong
organization which has the ability to protect and insulate Owner from both
product liability and warranty claims, relating to roofing, that could be brought
before the Owner during the course of the roofing warranty period. As
financial strength of suppliers are a requirement of the building owner, proof
of such must be shown. To this end, the following information is required by
the Owner:
a. The manufacturer must present to the Owner a certificate of insurance
for product liability with minimum limits of $25 million.
b. The manufacturer must have a current net worth in excess of $50
million and verify such by an affidavit from a corporate officer. 6. The building Owner is a supporter of responsible Health, Safety and
Environmental issues and requires all manufacturers to have similar
concerns, convictions and commitments. To this end, the primary
manufacturers of materials used on Owner’s roof must submit a formalized
Corporate HS & E Policy and demonstrate active participation in such a
policy.
7. The building Owner is desirous of quality performance in all areas of roofing
construction and as a result is requiring a primary source of material from
one manufacturing company in order to insure consistent quality. The
material manufacturer supplying material for the Owner’s roofs must
manufacture at least 70% of the materials they supply, by dollar volume, in
facilities actually owned or solely leased by said manufacturer. The material
manufacturer shall submit verification of the foregoing by affidavit of
corporate officer.
8. For the purpose of this specification, a manufacturer must:
a. Own or lease a facility which manufactures major roof system
2
components for at least one year prior to the date of this specification.
b. Own or lease equipment to manufacture major roof system components
and operate that equipment at a facility it owns or leases.
C. Employ personnel on a full-time basis to process raw materials into
finished major roof system components at a manufacturing facility and
using the equipment which the supplier owns or leases. Manufacturing
is the handling and processing of raw materials into finished goods
which are sold to installers and/or users of those products without
further processing.
9. Building Owner, to assure that the manufacturer can consistently deliver
quality materials, requires the Manufacturer to provide evidence of twenty
(20) quarters of continuous plant inspections of roofing manufacturing sites
over the past five (5) years by an independent Nationally Rewgnized Testing
Laboratory (NRTL) as defined in 29 CFR Ch. XVII (7-l-93 Edition) from the
Occupational Safety and Health Administration (OSHA).
10. Provide a Project Closeout Report upon delivery of the project warranty.
This report shall include the following sections:
it:
Project Specifications.
Project Summary,
C. Progress reports as a result of roof inspections.
d. Job progress photos.
;* Warranty document.
Owner’s Manual describing maintenance and emergency repair.
a Inspection Report to be completed by the roofing material manufacturer
2 years from project completion.
11. The roofing material manufacturer will be IS0 9001 registered for at least five
(5) years prior to the date of this specification.
a. Manufacturer will provide proof of IS0 9001 registration by submitting a
copy of the Certificate of Registration.
b. Manufacturer’s products will be produced per specifications developed
under design control procedures per IS0 9001 requirements.
C. The assessment body providing registration of the manufacturer’s
quality management system will be a nationally rewgnized agency with
sufficient knowiedge and experience in the manufacturer’s industry to
permit a credible assessment of the manufacturer’s quality system.
12. Furnish a service agreement / warranty.
13. To help ensure ethical conduct, reduce the potential for conflict of interest,
and to provide full disclosure, the supplier of the major roof system
components will provide an affidavit of a company officer which shall include:
a. Confirmation that all field employees in their organization have signed
an ethics policy agreeing they will conduct business in an ethical manner.
b. The name and address of each consultant paid by the supplier for
specifying, recommending, or soliciting the supplier’s products for the project.
3
C.
14. 15.
16.
17.
18.
19.
20.
Provide Owner names of at least 5 qualified applicators.
Employ Field Technical Services Representative for daily monitoring and
production of daily reports with wlor photos of project work on a full-time
basis. Monitor must be supplied by supplier of the materials, warranty and
maintenance program.
Employ Field Technical Services Representatives available for final roof
inspection.
Provide local Field Representative to make periodic site visits, report work
quality and job progress.
Provide list of at least 5 projects available for inspection employing same
roofing system.
a. Project must be within 50 mile radius of Owner’s building.
The presence and activity of the manufacturer’s/ specifier’s representative
and/or Owner’s representative shall in no way relieve the contractor of
contract responsibilities or duties.
All materials, warranties and maintenance programs must be supplied by the
same manufacturer of the existing Windows/web - based roof information
management program in current use by the City of Carlsbad
Project meetings:
1. Mandatory Pre-Bid Conference:
E:
Will be held at place and time determined by owner.
Attendance:
(1) Roofing material manufacturer/specifier
(2) Contractor
(3) Owner.
C. Agenda:
(1) Review of specification.
(2) Walkover inspection.
2. Preconstruction conference:
a. Will be scheduled by Owner within fifteen (15) days after notice of
award.
b. Attendance:
(1) Roofing material supplier/specifier
(2) Contractor (3) Representative of Owner.
C. Agenda:
(1) Designation of responsible personnel.
(2) Walkover inspection.
(3) Manufacturer shall review Customer Satisfaction Survey form with
Owner and Contractor to assure all parties are aware of the
project objective; Ensure project is completed to Owner’s
satisfaction through a cooperative effort.
3. Final inspection:
a. Will be scheduled by roofing material manufacturer upon job
4
completion.
b. Attendance:
(1) Contractor.
(2) Roofing material manufacturer/specifier.
(3) Roofing material manufacturer/ technical service representative.
C. Minimum agenda:
(1) Walkover inspection.
(2) Identification of problems which may impede issuance of
warranty.
D. Random sampling:
1. Roofing material:
a. During wurse of work, Owner’s Representative may secure samples
according to ASTM D 140-98 of materials being used from containers at
job site and submit them to an independent laboratory for comparison
to specified material. b. Should test results prove that a material is not functionally equal to
specified material:
(1) Contractor shall pay for all testing.
(2) Roofing installed and found not to comply with the specifications
shall be removed and replaced at no change in the contract price.
E. Regulatory requirements:
1. UL Classified Fire Rating - UL 790.
Class A.
2. &TM E 108.
a. Class A.
3. UL Fire Resistance of Roof and Deck Construction - UL 1256.
F. Plans and specifications:
1. Contractor must notify Owner and specifier of any omissions, contradictions
or conflicts seven (7) days before bid date. Owner and specifier will provide
necessary corrections or additions to plans and specifications by addendum.
If Contractor does not so notify Owner and specifier of any such condition, it
will be assumed that the Contractor has included the necessary items in the
bid to complete this specification.
2. It is the intent that this be a completed project as far as the contract
documents set forth. It is not the intent that different phases of work on this
project be delegated to various trades and subcontractors by the contract
documents. Contractor must make own contracts with various subcontractors, setting forth the work these subcontractors will be held
responsible for. Contractor alone will be held responsible by the owner for the completed project.
3. If the Contractor feels a conflict exists between what is considered good
roofing practice and these specifications contractor shall state in writing all
5
4.
objections prior to submitting quotations.
It is the Contractor’s responsibility during the course of the work, to bring to
the attention of and notify the Owner’s representative first verbally, then in writing, of any defective membrane, insulation or deck discovered where not
previously identified.
1.04 REFERENCES
A. ASTM - American Society for Testing and Materials, West Conshohocken, PA.
B. NRCA - National Roofing Contractors Association, Chicago, IL.
C. SMACNA - Sheet Metal and Air Conditioning Contractors National Association,
Chantilly, VA.
D. TRC - Tremw Research Center, Tremw Inc., Cleveland, OH.
E. UL - Underwriters Laboratories, Northbrook, IL.
1.05 SUBMITTALS .-
A. Submit prior to scheduled bid date:
1. Roofing System Manufacturers Warranty:
a. Copy of warranty to be issued upon successful completion of roofing
project and final inspection.
2. UL Listing of Fire Resistance Rating:
a. Copy of UL Listing for the specified roof system from the current UL
Roofing Materials and Systems Directory or from letters issued by UL to
the manufacturer.
3. Product compatibility:
a. Written verification from roofing material manufacturer that major
roofing components, including (but not limited to) coatings, cold process
adhesives; roofing ply sheets; reinforcement fabric felts and mats;
mastics; and sealants are all compatible with each other.
4. Test reports: a. Written verification from roofing material manufacturer that roofing
system meets or exceeds regulatory agency/s requirements.
5. Product data:
a. Product data sheets. b. Material safety data sheets.
z. Samples of coatings, adhesives, and roofing ply sheets.
Shop drawings or samples of metal flashings, showing exact profile, lengths, joints, terminations, and methods of attachment.
6
_I.
e. List of 3 local projects where the specified roof system has been
installed. Provide location, contact name, and telephone number.
1.06 DELIVERY, STORAGE AND HANDLING
A. Delivery of materials:
1. Deliver materials to job-site in new, dry, unopened, and well-marked
containers showing product and manufacturer’s name.
2. Deliver materials in sufficient quantity to allow continuity of work.
3. Coordinate delivery with Owner.
6. Do not order project materials or start work before receiving Owner’s written
approval.
C. Storage of materials:
1. Store roll goods on ends only. Discard rolls which have been flattened,
creased, or othetise damaged. Place materials on pallets. Store roll goods
on level pallets. Do not stack pallets. 2. Store materials marked “KEEP FROM FREEZING” in areas where
temperatures will remain above 40°F (5%).
3. For insulation, remove plastic packaging shrouds. For felt rolls, slit the top of
the plastic shrink wrap only. Cover top and sides of all stored materials with
tarpaulin (not polyethylene). Secure tarpaulin.
4. Do not store materials in open or in contact with ground or roof surface.
5. Store all materials on a raised platform covered with secured canvas
tarpaulin (not polyethylene), top to bottom. Cover all materials when project is not in progress and maintain the ability at all times to cover the materials
when required, such as during an unanticipated rain shower.
6. Contractor shall assume full responsibility for the protection and safekeeping
of products stored on premises.
D. Material handling: 1. Handle materials to avoid bending, tearing, or other damage during
transportation and installation. 2. Material handling equipment shall be selected and operated so as not to
damage existing construction or applied roofing. Do not operate or situate
material handling equipment in locations that will hinder smooth flow of
vehicular or pedestrian traffic.
1.07 SITE CONDITIONS
-. A. Field measurements and material quantities:
1. Contractor shall have SOLE responsibility for accuracy of all measurements,
7
estimates of material quantities and sizes, and site conditions that will affect
wrk.
B. Existing conditions:
1. Building space directly under roof area covered by this specification will be
utilized by on-going operations. Do not interrupt Owner operations unless
prior written approval is received from Owner.
2. Access to roof shall be from exterior only.
3. Move air-conditioning units and other equipment as required to install roofing
materials complete and in accordance with plans and specifications. When
units and equipment are to be moved, they shall be carefully disconnected
and removed to a protected area so as not to damage any part or component
thereof. Reconnect units in such a way that they are restored to a prior work
operating condition. Take appropriate measures to prevent dust, vapors,
gases or odors from entering the building during roof removal, replacement
or repair.
4. All disconnection and reconnection shall be performed by a mechanical
an/or electrical company licensed to perform such work.
C. Asbestos:
1. Owner and Contractor agree to exonerate, indemnify, defend, and hold
harmless roofing material manufacturer from and against all claims,
demands, lawsuits, damages, expenses and losses incurred by Contractor’s
removal of asbestos-containing materials from Owner’s building and work
site. Contractor must conduct its operations according to applicable
requirements including but not limited to those established by:
E:
Occupation Safety and Health Administration (OSHA).
Environmental Protection Agency (EPA).
::
Department of Transportation (DOT).
State or Local Air Pollution Control Authorities/Agencies.
P*
State or Local Solid Waste or Hazardous Waste Authorities/Agencies.
State or Local Health Department(s).
it’
State or Local Building Code Authorities.
Other federal, state or local agencies or authorities.
2. Contractor or Owner shall perform appropriate inspections, surveys and file
timely notifications to proper authorities prior to starting roof renovation or
demolition activities. Inspectors, project planners, project managers,
contractors and workers involved in the roof project shall have appropriate
training, licenses and registrations. Contractor and Owner shall be
responsible for determining and implementing regulatory compliance
activities, including but not limited to work practices, engineering controls,
personal protection, air monitoring, testing, hazard communication, material
handling, record retention, and arranging for waste disposal/handling. 3. Contractor must file a Uniform Hazardous Waste Manifest from proper landfill
site for each load of asbestos containing material removed. Copies must be
8
D.
E.
F. -.
G.
sent to Owner and material manufacturer/ specifier. Transportation of waste
shall be in accordance with applicable Department of Transportation (DOT)
requirements.
Waste Disposal:
1. Do not re-use, recycle or dispose of material manufacturers product
containers except in accordance with all applicable regulations. The user of manufactured products is responsible for proper use and disposal of product
containers.
Safety requirements:
1. All application, material handling, and associated equipment shall conform to
and be operated in conformance with OSHA safety requirements.
2. Comply with federal, state, local and Owner fire and safety requirements.
3. Advise Owner whenever work is expected to be hazardous to Owner,
employees, and/or operators.
4. Maintain a crewman as a floor area guard whenever roof decking is being
repaired or replaced.
5. Maintain fire extinguisher within easy access whenever power tools, roofing
kettles, fuels, solvents, torches, and open flames are being used.
Environmental requirements:
1. Do not work in rain, snow, or in presence of water.
2. Do not install materials marked “KEEP FROM FREEZING” when daily
temperatures are scheduled to fall below 40°F (5°C).
3. Do not perform masonry work below 40°F (5°C).
4. Remove any work exposed to freezing.
5. Advise Owner when volatile materials are to be used near air ventilation
intakes so Owner can use some or all of the following methods to minimize
disruptions to building occupants and operations:
a. Divert air intake from work area by attaching scoops or temporary duct
work.
b. Temporarily shut down or block air intakes.
C. Provide make-up air or intake air from sources away from work area.
Security requirements:
1. Comply with Owner security requirements.
H. California Proposition 65:
1. Post all notices, make all communications and otherwise comply with
California Proposition 65 requirements concerning notification of those who
may be exposed to Prop 65 listed chemicals, as revised from time to time.
2. Comply with other requirements concerning the safe use and handling of
oofing materials, including preventing vapors from entering buildings.
9
..--- I. Temporary sanitary facilities:
1. Furnish, install, and maintain temporary sanitary facilities for employee
use during project. Remove on project completion.
2. Place portable toilets in conformance with applicable laws, codes, and
regulations.
1.08 SUBSTITUTIONS
A.
B.
C.
D.
.-.
When a particular make or trade name is specified, it shall be indicative of standard
required. Bidders proposing substitutes shall submit the following 7 days prior to
bid date to Owner:
1. Written application with explanation of why it should be considered.
2. Accredited testing laboratory certificate comparing substitute’s
physical/performance attributes to those specified.
Only substitutes approved in writing by Ovvner prior to scheduled bid date will be
considered.
Notification of approvals will be mailed at least 3 days before bid opening.
Owner reserves right to be final authority on acceptance or rejection of any
substitute.
1 .I0 UNIT PRICES
A. None.
1.11 WARRANTY/GUARANTEE
A. Guarantee:
1. Upon project completion and Owner acceptance, effective upon complete
payment, Contractor shall issue Owner a guarantee against defective
workmanship and materials for a period of two (2) years.
B. Warranty and Service Agreement:
1. Upon project completion, Tremw acceptance, and once complete payment
has been received by both Contractor and Tremw, Tremco shall deliver to
Owner a fifteen (15) year Tremw Roofing System Quality Assurance Plus
Warranty and Service Agreement. Tremw will, during the second, fifth and
tenth year of this warranty service agreement, provide the following for the
Tremw Roof System: a. Inspection by a Tremw Technical Service Representative and delivery
10
_- of a written inspection report documenting roof conditions. b. Preventive maintenance and necessary repairs, including splits, tears,
or breaks in the roof membrane system and flashings which threaten
the integrity of the roof system and are not exempt due to neglect,
negligence, vandalism, or some other exclusion.
C. General rooftop housekeeping and cleanup, subject to limits, but
generally including removal of incidental debris.
C. TremCare Maintenance and Warranty Service Agreement, which includes a TWO
(2)-YEAR CONTRACTORS AND TEN (IO)-YEAR MANUFACTURER COVERAGE:
1. New Roof Component Coverage: A single manufacturer shall provide
specified materials, warranties and performance of the maintenance
agreement. The Maintenance Program and Warranty must be provided by
the same provider as the existing Preventive Maintenance Program in place
at the City of Carlsbad. The manufacturer’s warranty must include labor and
material coverage against leakage on all components including those
manufactured by others. Included in the warranty coverage are the following:
E: Insulation materials, fasteners, and adhesives. All new and temporary roof membrane components and adhesives.
::
All metal edge components including cleat strips.
All tapered edge and cant strips.
Fe
All surface mastics, coatings, stripping, plies, etc.
All drain and scupper flashings.
9. Any roof leaks or other problems caused by substrate movement of any
component other than the deck shall not be excluded.
h. Any movement associated with metal edge joints or flanges causing
leaks.
i. Damages caused by wind speed up to 74 miles per hour.
j. Permanent tie-ins and/or control joints separating new and old roofing.
2. The contractor shall certify compliance with the above warranty requirements
by submitting a copy of the warranty as a submittal item upon request of the
Owner. The manufacturer will advise the customer in writing how to maintain
the warranty in the form of an Owner’s manual. The customer shall have the
option to renew this warranty at the end of ten (10) years per the renewal
agreement.
3. Service responsibilities of the Manufacturer to Owner:
a. Bi-Annual Housekeeping to include the following:
(1) Removal of debris from the roof membrane.
(2) Removal of debris from the roof drains, gutters, and scuppers.
(3) Disposal of debris in customer supplied waste containers. b. Storm Reports, Monitoring and Follow-Up:
(1) Roof inspection at customer request of roof areas after major
storm activity.
C. Annual Roof Inspection Report:
(1) Will provide an annual roof summary with condition photographs.
11
d. Bi-Annual Preventive Maintenance to include the following:
(1) Metal Edge Flashing Components.
(a) Tears, splits, and breaks in membrane flashings will be repaired with appropriate repair mastics and membranes.
(b) Open, split flashing strip-ins will be repaired with appropriate repair mastics and membranes.
(c) Loose metal edge cleats and clips will be resecured.
(d) Exposed fasteners will be sealed.
(2) Parapet Wall and Counterflashing Systems:
(a) Tears, splits, kick holes, and breaks in flashing membrane
will be repaired with appropriate repair mastics and
membranes.
(b) Breaks, tears, and splits in flashing strip-ins with appropriate
repair mastics and membranes.
(c) Exposed fasteners will be sealed.
(d) Voids in termination bars, counter-flashings and parapet cap
will be cleaned and sealed.
(3) Equipment / Projection Flashing Components: (a)
(b)
(c) (d) 03 (4) (a)
(W
(a
-Tears, splits, and breaks in flashing membrane will be
repaired with appropriate repair mastics and membranes.
Open, split flashing strip-ins will be repaired with appropriate
repair mastics and membranes.
Unsecured roof top equipment will be secured.
Exposed fasteners will be tightened.
Termination bar and counterflashings will be sealed.
Roof Membrane Maintenance and Repairs:
Tears, splits, and breaks in membrane flashings will be
repaired with appropriate repair mastics and membranes.
Open, split flashing strip-ins will be repaired with appropriate
repair mastics and membranes.
Splits and blisters which threaten the integrity of the roof
system will be cleaned, primed, and repaired with
appropriate repair mastics and membranes. Pitch pans will be refilled and topped off.
Metal projections (hoods and clamps) will be sealed.
4.
(5) Miscellaneous Maintenance Repairs:
(a) Dress up wind scoured wmers with appropriate repair
mastics and coatings.
(b) Dress up reflective coatings on flashings. (c) Re-caulking as needed.
Leak response responsibilities of the manufacturer to Owner:
a. In the event that a leak should occur:
(1) Provide toll free 800 number for Owner to call in leak report.
Number will be monitored twenty-four (24) hours a day, 365 days a year.
12
.- (2) Provide a response to Owner on all leak calls within twenty-four (24) hours of when the call is made.
(3) Provide a repair crew, at the building site, within two (2) business
days of the call.
(4) Provide follow-up inspection to ensure that repairs were made
properly.
(5) Monitor all leak events and response and provide a written quarterly summary if leaks have occurred. Deliver to Owner at the
end of each quarter when leaks have occurred.
13
/c” PART II - PRODUCTS
2.01 GENERAL
A. Comply with quality control, references, specifications, and manufacturer’s data.
Products containing asbestos are prohibited on this project. Use only asbestos-free
products.
B. Use products with personal protection. User must read container label and material
safety data sheets prior to use.
2.02 ACCEPTABLE MANUFACTURER
A. Tremco Inc., Cleveland, OH: 216/292-5000.
2.03 ROOF DECKING
A. Wood deck repair materials:
1. Plywood roof sheathing: APA C-D Rated Sheathing, Exposure 1, Structural
1, 32/16, 4/5 ply, PS l-63.
2. Puriins and subpurlins:
a. Free from warping and visible decay.
b. Design value equal to or greater than existing purlin/subpurlin design
value.
2.04 WOOD BLOCKING & CURBS
A. Wood blocking for perimeter:
1. None.
B. Lumber:
1. American Lumber Standard Committee (ALSC) No. 2 grade Southern Pine;
free from warping and visible decay; pressure-treated according to AWPA
Standard C2 for lumber and timber with CCA, ACA, ACQ-B, ACQ-D, ACZA,
or CC to a retention of 4.0 kg/m3 (0.25 pcf) for above ground use.
C. Wood cant: 4” x 4” (100 mm x 100 mm) cut on bias.
14
- 2.06 INSULATION
A. Crickets:
1. ASTM C 728-97, perlite, factory fabricated, 2 x 4 (610 mm x 1220 mm)
dimension. Slope shall be twice (2 times) the roof system slope, with a
minimum of l/2 inch per foot (41.6 mm per meter).
2.07 MECHANICAL FASTENERS
A. Wood to wood:
1. Galvanized, common, annular ring nail.
2. Length: Sufficient to penetrate underlay blocking l-1/4 inches (32 mm).
B. Wood to concrete: 1. Tapcon 114 inch (6.35 mm) diameter, Phillips flat head anchor by Buildex Div.
of ITW, Itasca, IL.
2. Length: Sufficient to provide minimum I-112 inches (38 mm) embedment.
C. Wood decking to wood purlins:
1. Type: Galvanized, common, annular ring nail. Length: Sufficient to
penetrate underlay blocking l-1/4 inches (32 mm).
2. Acceptable manufacturers:
a. Independent Nail, Inc., Bridgewater, MA.
b. W. H. Maze Co., Peru, IL.
C. National Nail Co., Grand Rapids, Ml.
d. Hillwood Manufacturing Co., Cleveland, OH.
D. Galvanized sheet steel to wood blocking:
1. FS FF-N-105B(3) Type II, Style 20, roofing nails; hot dipped galvanized steel
wire (ASTM A 792), flat head, diamond point, round, barbed shank.
2. Length: Sufficient to penetrate wood blocking 1 -l/4 inches (32 mm)
minimum.
E. Termination bar to masonry/concrete: 1. Lead masonry anchors.
2. Length: Sufficient to provide l-1/4 inches (32 mm) embedment minimum.
15
- 2.08 ROOFING MATERIALS
A. Adhesives:
1. Base ply adhesive:
a. POWERply Modified Hot Melt Adhesive by Tremw.
2. Modified bitumen membrane adhesive:
a. POWERply Modified Hot Melt Adhesive by Tremw.
3. Surfacing adhesive:
a. POWERply Modified Hot Melt Adhesive by Tremw.
B. Nailed base sheet to deck:
1. BURmastic Composite Ply by Tremw.
2. Sheathing paper:
a. ASTM D 549-74 (1982) rosin sheathing paper.
C. Base plies:
1. Two (2) plies Poly THERM heat stabilized polyester ply sheet by Tremw.
D. Modified bitumen roofing membrane:
1. POWERply Standard FR by Tremw.
E. Related materials:
.- 1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Asphalt mastic:
a. ELS by Tremw.
Reinforcing mesh:
a. BURmesh by Tremco.
Cant strip:
a. ASTM C 728-97, perlite
Flashing bitumen:
a. POWERply Modified Hot Melt Adhesive by Tremw.
Flashing membrane:
a. POWERply Standard FR by Tremw.
Flashing ply:
a. BURmastic Composite Ply by Tremco.
Pitch pan cement:
a. ASTM C 928-92a, rapid hardening non shrink grout.
Pitch pan mastic:
a. ELS by Tremw.
Roofing granules: a. ASTM D451-91, white, No. 11 grade.
Sealants:
a. Coping sealant:
(1) TremSEAL GP by Tremw.
Termination bar sealant:
a. TremSEAL GP by Tremco.
16
12. Stripping ply adhesive:
a. ELS by Tremco.
13. Stripping ply:
a. BURmastic Composite Ply by Tremw.
2.09 METAL FLASHINGS
A. Termination bar:
1. Galvanized steel bar with caulk tray:
a. 3/16 x 1 inch (4.8 x 25.4 mm).
B. Counterflashing:
1. Galvanized Steel: ASTM A 526-85, sheet steel with 1.25 oz./sq. (3.82 g/m*)
galvanized coating.
a. Gage: Twenty-four (24).
b. Solder: ASTM B 32-96, alloy grade 60A. Neutralize flux after
soldering.
C. Coping cap:
1. Galvanized Steel: ASTM A 526-85, sheet steel with 1.25 oz./sq. (3.82 g/m*)
70 % galvanized Kynar coating.
Z:
Gage: Twenty-four (24).
Solder: ASTM B 32-96, alloy grade 60A. Neutralize flux after
soldering.
D. Pitch pans with hood:
1. Galvanized Steel: ASTM A 526-85, sheet steel with 1.25 oz./sq. (3.82 g/m*)
galvanized coating.
a. Gage: Tvventy-four (24).
b. Solder: ASTM 832-89, alloy grade 60A. Neutralize flux after soldering.
E. Lead Flashings:
1. ASTM B 29-92( 1997), 4 lb. (1.82 kg) sheet lead.
F. Details not addressed in specification shall be in accordance with Architectural
Sheet Metal Manual, as issued by Sheet Metal and Air Conditioning Contractors’
National Association, Inc., (SMACNA).
2.10 MASONRY
A. Dampproofing:
1. Wall-Tite by Tremw.
2. Wall-Tite Primer by Tremw.
17
2.11 SYSTEM PERFORMANCE REQUIREMENTS:
A. BURMASTIC COMPOSITE PLY
Provertv Typical Value
Weight
Breaking strength
Pliability, 12.7 mm
(l/2“) radius bend
Mass of desaturated
polyester/glass
mat, min
Surfacing &
stabilizer max
Asphalt
Resistance to
puncture
1.5 kg/m*
(31 lb/l 00 f?)
600 N MD
(135 lbf/in.)
575 N XD
(130 Ibf/in.)
No failures
107 s/m*
(2.2 lb/l00 f?)
65%
485 g/m*
(10.0 lb/l00 f’?)
5340 N (120 lbf)
Test Method
ASTM D 228-90a
ASTM D 146-90
ASTM D 146-90
ASTM D 146-90
ASTM D 4601-91
ASTM D 228-90a
ASTM E 154-88
B. BURMESH
Property Tvpical Value Test Method
Weight
Moisture based on
net weight
Average tensile strength
Warp threads
Filling threads
Organic content
Weight
Type
65 g/m*
(1.32 lb/l00 ti)
None
ASTM D 146-90
ASTM D 146-90
@25”C (77°F)
289 N (65 Ibf)
311 N (70 Ibf)
18.7%
PVC/acrylic water-
based
ASTM D 146-90
ASTM D 146-90
ASTM D 579-90
18
F- C. ELS
Property Tvpical Value Test Method
Asbestos content
Viscosity @ 25°C
(77°F)
Density @ 25°C
(77°F)
Nonvolatile Matter
Behavior at 140” F
(Sag Resistance)
Moisture vapor tranmission rate
None ASTM D 276-87
480 - 1000 Pas ASTM D 2196-86
(480000-I 000000 cP) (1991)
1114 kg/m3 ASTM D 1475-90
(9.3 lb/gal)
80% ASTM D 4586-93 3.18 mm (I/8 in.) ASTM D 4586-93
1.55 - 6.2 g/m*/24 ASTM E 398-83 hrs. @J 0.51 mm
(0.10 - 0.40 g/l00
in.*/24 hrs @ 0.020 in.)
thickness
D. POLYTHERM
Propertv Tvpical Value Test Method
Breaking load @25”C
(77°F)
Elongation
Trapezoid tearing
strength
Bursting strength
Air permeability
Weight
Thickness
Puncture resistance
11.2 N/mm MD
(64 Ibf/in)
10.8 N/mm XD (62 Ibf/in)
40% MD
40% XMD
146 N (33 Ibf MD)
169 N (38 Ibf XMD)
1200 kPa (147 psi)
.0835 m3/m2s
(123 ft3/ft2*min)
170 g/m*
0.5 mm (0.020 in.)
470 N (99 Ibf)
ASTM D 4830-88
ASTM D 4830-95
ASTM D 4830-88
ASTM D 774-87
ASTM D 737-75 (1980)
ASTM D 3776-85
ASTM D 177764 (1975)
FTMS* 101 C-2031
(Modified)
*FTMS-Federal Test Method Specification
19
.a-- E. POWERply STANDARD FR
Prooertv Tvpical Value Test Method
Thickness
Tensile strength
@ -18°C (0°F)
Elongation @ -18°C
(0°F) Puncture Resistance
Tear strength @25”C
(77°F)
3 mm (0.120 in.)
21 kN/m MD
(120 Ibf/in.)
20 kN/m XD
(115 Ibf/in.)
2.6% MD
2.5% XD
310 N (70 Ibf)
310 N (70 Ibf) MD
350 N (80 Ibf) XD
ASTM D 5147-95
ASTM D 5147-95
ASTM D 5147-95
ASTM E 154-99
ASTM D 5147-95
F. TREMSEAL GP
Propertv Twical Value Test Method
Tensile strength
Ultimate elongation
Adhesion-in-peel
Weep & sag Staining
Weight-loss, cracking
& chalking after
heat aging
Hardness @ 25’ C
(77”F), 50% RH
(Shore A)
Durability
(Bond & Cohesion)
1241 kPa (180 psi)
550%
4.4 N/mm
(25 Ibf/in.)
Passes
Passes
Passes
25 ic 5
Passes
(On mortar,
granite, and
anodized aluminum
at f 25K movement)
ASTM D 412-87
ASTM D 412-87
ASTM C 794-80 (1986)
ASTM C 639-83
ASTM C 51 O-77 (1983)
ASTM C 792-75 (1987)
ASTM C 661-86
ASTM C 719-86
G. WALLTITE PRIMER
Propertv Typical Value Test Method
Nonvolatile Content
Viscosity
Density
59%
77 KU
1402 kg/m3
(11.7 lb/gal)
ASTM D 1644-75
ASTM D 2196-81
ASTM D 1475-85
20
.- H. WALL-TITE
Prooertv Typical Value Test Method
Nonvolatile content
Viscosity @ 25°C
(77°F)
Density @ 25°C
(77°F)
Tensile strength
@ 77°F (25°C)
Elongation @J 77°F
(25°C)
Hardness (Shore A)
Permeance procedure A
Dry time @ 77”F,
50% RH, 20 mils wet
(25°C 50% RH, 0.5mm
wet) Low temperature
Flexibility
70%
7,000 CP (7 Pa s)
11.8 lb/gal
(1414 kg/m3)
150 psi
(1,034 kPa)
220%
65 ASTM D 2240-86
2 perms ASTM E 96-92
2h ASTM D 711-89
~-10°F (-23°C)
ASTM D 1644-88
ASTM D 2196-86
ASTM D 1475-85
ASTM D 412-87
ASTM D 412-87
ASTM C 711-72
I. SEBS MODIFIED ASPHALT HOT MELT ADHESIVE
Property Typical Value Test Method
Softening point
Elongation @ 250C
(770F)
Density @ 250C
(770F)
Flash point, min
Equiviscous tem-
perature
@ 125 CP (0.125 Pans)
900C min
(195oF min)
300%
ASTM D 36-95
ASTM D 412-98a
982 kg/m3
(8.2 lb/gal)
274oC (525oF)
44OoF
(2260C)
ASTM D 70-97
ASTM D 92-85
ASTM D 4402-87 (2000)
21
- PART III - EXECUTION
3.01 EXAMINATION
A. Verify conditions as satisfactory to receive work.
B. Do not begin roofing until all unsatisfactory conditions are corrected. Beginning
work constitutes acceptance of conditions.
C. Verify that work of other trades penetrating roof deck or requiring men and equipment to traverse roof deck has been approved by Owner, manufacturer, and
roofing contractor.
D. Check projections, curbs, and deck for inadequate anchorage, foreign material,
moisture, or unevenness that would prevent quality and execution of new roofing
system.
3.02 GENERAL WORKMANSHIP
A. .-
B.
C.
D.
E.
F.
G.
H.
I.
J. _-
All work performed by Contractor shall conform to this specification.
The presence and activity of the manufacturer’s representative, architect’s
representative, and/or Owner’s representative shall in no way relieve Contractor of
contract responsibilities or duties.
Substrate: Free of foreign particles prior to laying roof membrane.
Provide additional fastening of mechanically attached base sheets in roof perimeter
and corner areas.
Phased application: Not permitted. All plies shall be completed each day.
Traffic and equipment: Kept off completed plies until adhesive has set.
Wrapper and packaging materials: Not to be included in roofing system.
Entrapped aggregate: Not permitted within new membrane. Its discovery is
sufficient cause for rejection.
Ply shall never touch ply, even at roof edges, laps, tapered edge strips, and cants.
Fit plies into roof drain rims; install lead flashing and finishing plies; secure clamping
collars; install domes.
22
-
K Extend roofing membrane to top edge of cant at wall and projection bases.
L. Cut out fishmouths/side laps which are not completely sealed; patch. Replace all
sheets which are not fully and continuously bonded.
M. Modified bitumen heating:
1. Use low burner flames during initial meltdowns, circulate modified bitumen
after initial meltdown.
a. Maximum bitumen temperature: 25°F (14°C) below the flash point.
2. Avoid prolonged heating of modified bitumen at high temperatures. Reduce
the modified bitumen temperature to below 500°F (260X) if the modified
bitumen is not being used for periods of 4 hours or more.
3. Kettle: Free of contaminants (asphalt or coal tar pitch).
4. Use separate kettle for asphalt bitumen heating. 5. Application rates: Bitumen quantities for waterstop/tie-offs, flashings,
miscellaneous detail applications, and minimum kettle capacity are not
included in application rates. To account for these factors, add
approximately 25 percent additional bitumen on a total-job average basis.
3.03 PREPARATION .-
A. Protection:
1.
2.
3.
4.
5.
6.
7.
6.
Contractor shall be responsible for protection of property during course of
work. Lawns, shrubbery, paved areas, and building shall be protected from
damage. Repair damage at no extra cost to Owner.
Provide at site prior to commencing removal of debris, a dumpster or dump
truck to be located adjacent to building where directed by Owner.
Roofing, flashings, membrane repairs, and insulation shall be installed and
sealed in a watertight manner on same day of installation or before arrival of
inclement weather.
At start of each work day drains within daily work area shall be plugged.
Plugs to be removed at end of each work day or before arrival of inclement
weather.
Preparation work shall be limited to those areas that can be covered with
installed roofing material on same day and before arrival of inclement
weather.
Arrange work sequence to avoid use of newly constructed roofing for
storage, walking surface, and equipment movement. Move equipment and
ground storage areas as work progresses.
At end of each working day, seal removal areas with water stops along
edges to prevent water entry.
Provide clean plywood walkways and take other precautions required to
prevent tracking of aggregate/debris from existing membrane into new \nrork
23
- area where aggregate/debris pieces can be trapped within new roofing
membrane. Contractor shall instruct and police workmen to ensure that
aggregate/debris is not tracked into new work areas on workmen’s shoes or
equipment wheels. Discovery of entrapped aggregate/debris within new
membrane is sufficient cause for its rejection.
9. Cover windows, metal, and vegetation with protective covering prior to
application of dampproofing materials.
10. Protect building surfaces at set-up areas with tarpaulin. Secure tarpaulin.
Remove dumpster from premises when full and empty at approved dumping
or refuse area. Deliver empty dumpster to site for further use. Upon job
completion, dumpster shall be removed from premises. Spilled or scattered
debris shall be cleaned-up immediately. Removed material to be disposed
from roof as it accumulates.
B. Surface preparation:
1. Repoint existing masonry walls.
a. Complete masonry work before installation of new roofing.
b. Clearly identify areas to be repaired.
i. Remove all chipped, broken, loose, and unsound mortar from the joint. Chisel or grind out all cracked and poorly adhered mortar on both sides
of the joint.
e. Rake back all crumbling and unsound mortar to a depth of 98 inch (16
mm) minimum or 2-I/2 times the joint width.
f. Identify damaged brick which must be replaced.
It:
Remove any exposed cavity tie back steel from surface and loose brick.
Clear dust and dirt from joint using oil free compressed air.
2. Prepare masonry surface so it is structurally sound, clean, dry, fully cured,
and free of dust, wring agents, form release agents, efflorescence, scale,
laitance, and other foreign materials.
a. Power wash the surface to be treated with water using pressure spray equipment at a pressure of 800 psi (5,500 kPa) minimum and a water
volume of 4 gpm (0.25 Usec) minimum. Allow the surface to dry a
minimum 72 hours at 70°F and 50°r6 RH. Longer drying times are
required at lower temperatures and higher humidities.
3. Remove all loosely adhered paint and coating. Thoroughly clean chalking
from previously coated surfaces.
4. Perform spot adhesion tests with new coating over previously coated
surfaces. If adhesion between coats is marginal or poor, remove existing
coating prior to application of new coating. 5. Remove: Existing roofing, insulation to roof deck.
a. Area: As determined at site meeting.
6. Sweep clean roof deck.
;:
Remove counterflashing.
Remove flashings to substrate.
9. Remove as directed by Owner:
24
a. Unused equipment.
3.04 CARPENTRY
A. Wood curb locations:
1. Install wood cants to blocking. Nail two (2) rows staggered to horizontal and
vertical substrates. Spacing in any one (1) row shall not exceed 24 inches
(610 mm).
B. Parapet wall coping cap locations:
1. Mechanically attach continuous wood blocking to top of parapet using %” (13
mm) diameter anchor bolts spaced 4 feet (1.22 mm) on center, with a
minimum of 2 fasteners per section of wood blocking. Decrease anchor bolt
spacing to two (2) feet (610 mm) on center in each direction 8 feet (2.44 mm)
from the comer. Countersink anchor bolts flush with blocking surface.
a. Blocking thickness: 2 inches (50 mm) nominal.
b. Blocking width: Flush with edges.
3.05 MASONRY
_I A. Mix Mortar.
1. Use paddle batch mixer.
2. Begin by mixing 3/4 of total water, all portland cement, all hydrated lime, and
112 of total sand. Mix for at least 3 minutes but no more than 5 minutes.
3. Gradually add remaining sand and water and mix to obtain uniform visula
and physical characteristics. The mixed consistency shall allow a ball of
mortar to be hand molded.
4. Use mortar after adding final water to bring to working consistency. If lime
putty is used, prehydrate per manufacturer’s recommendations.
5. Discard mortar not used within 2-l/2 hours of original mixing time.
6. Do not retemper mortar with additional water.
B. Tuck Pointing:
1. Dampen brickwork to be pointed.
2. Apply mortar into prepared joint, compress tightly. Fill joint in this manner
until joint is full and surface is slightly recessed from brick face.
3. When surface layer is thumbprint hard, tool joints. Match the surface
configuration of the existing mortar, or use a l/2 inch (13 mm) rounded
jointing tool to form a concave joint. Avoid tool bum or slicking.
4. Clean excess mortar from all surfaces. 5. Perform tuck-pointing according to Brick Institute of America, Technical
Notes ?F.
25
C. Apply Walltite masonry coating system to specified areas of bare wall.
1. Prime masonry with one (1) coat Walltite Primer.
a. Coverage rate: 1 gallon per 250 square feet.
2. Dampproof masonry with two (2) coats Walltite.
a. Coverage rate: 1 gallon per 100 square feet per gallon per coat.
b. Box Walltite batches to assure uniform color.
3.06 ROOF DECK REPAIRS
A. Wood roof deck repairs (as needed and pre-approved by the City of Carlsbad):
1. Reattach loose deck panels.
2. Reattach 6 inches (150 mm) O.C. at edges; 12 inches (305 mm) O.C. at intermediate supports.
3. Remove deteriorated deck panels. Examine joists for rot. If unsound,
contact Owner immediately for future action.
4. Attach new decking 6 inches (150 mm) O.C. at edges; 12 inches (305 mm)
O.C. at intermediate supports.
5. Provide l/8 inch (3.2 mm) gap between panels at panel edges.
3.08 BASE SHEET/ VAPOR RETARDER
A.
B.
C.
D.
Ensure deck is dry.
Contractor must immediately notify building owner, material manufacturer’s
representative and roof system specifier if the deck is not dry.
Lay 1 ply rosin sheathing paper perpendicular to slope direction over roof deck.
Sidelaps - 2 inches (50 mm); endlaps - 4 inches (100 mm). Nail to hold in place.
Install base sheet over sheathing paper. Lap 4 inches (100 mm) on sides and ends.
Nail 9 inches (230 mm) O.C. at lap; 2 rows staggered 18 inches (460 mm) o.c., 12
inches (300 mm) from each edge. Increase fastening density by 70% in roof
perimeter areas and by 160°h in roof comer areas. Obtain increased fastening
density by adding rows of fasteners or by adding additional fasteners along each
row.
3.09 THERMAL INSULATION
3.10 CRICKETS
A. Adhere Perlite crickets with hot melt adhesive to designated areas
26
.--- 1. 25 Ibs per square adhesive rate.
3.11 ROOF SYSTEM APPLICATION
A.
B.
C.
D.
E.
F.
G.
H.
I.
J. -c
Install the following prior to application of the roofing system:
::
Rosin and Base sheets
Cants at perimeter and around curbs.
Install two (2) plies polyester ply sheet, shingle fashion to roof and all wall, curb, and
projection bases in a uniform and wntinuousmopping of modified hot-melt
adhesive, applied within its Equiviswus Temperature (EVT) range.
Overlap starter strips 21-l/2 inches (550 mm) with first ply, then overlap each
succeeding ply 20-2/3 inches (525 mm). Place ply sheets to ensure water will flow
over or parallel to, but never against exposed edges.
Use 19-l/2 and 39 inch (495 and 990 mm) wide plies to start and finish roof
membrane along roof edges and terminations.
Apply adhesive no more than 10 feet (3 meter) ahead of each roll being embedded.
Broom ply before adhesive cools from unmopped side. Ensure complete and
continuous seal and contact between bitumen and ply sheets, including ends,
edges, and laps without wrinkles, fish mouths, or blisters. Broom width: 34 inches (660 mm) minimum. Avoid walking on plies until adhesive has set.
Roofing ply shall never touch roofing ply, even at roof edges, laps, tapered edge
strips, and cants. Cut out fishmouths/side laps which are not completely sealed;
patch. Replace all sheets which are not fully and continuously bonded.
Lap ply ends 4 inches (100 mm). Stagger end laps 3 feet (910 mm) minimum.
1. Adhesive application rate: 25 Ibs. per 100 sq. ft. (1.2 kg/m2) average,
tolerance f 20 percent.
2. The bitumen is applied within the EVT range.
Install one (1) ply modified bitumen roofing membrane over base, shingle fashion,
overlapping each membrane 4 inches (100 mm). Place roofing membrane in manner to ensure water flows over or parallel to, but never against exposed edges.
Offset roofing membrane laps from base sheet laps 6 inches (150 mm) minimum.
Use mop technique to ensure selvage receives hottest bitumen.
27
-. K.
L.
M.
N.
0.
Apply uniform and continuous pressure to selvage and end laps to ensure complete
adhesion.
Lap ply sheet ends 6 inches (150 mm). Stagger end laps 36 inches (910 mm)
minimum.
Apply adhesive no more than 10 feet (3 meter) ahead of each roll being embedded.
Under cool weather conditions or when wind gusts exceed 15 mph (24 km/h), apply
adhesive no more than 5 feet (1.5 meter) ahead of each roll.
Broom modified bitumen roofing membrane from the unmopped side before
adhesive cools. Ensure complete and continuous seal and contact betwleen
bitumen and modified bitumen membrane, including ends, edges, and laps without
wrinkles, fish mouths, or blisters. Broom width: 34 inches (660 mm) minimum. Avoid walking on membrane until adhesive has set.
Embed modified bitumen membrane in a uniform and continuous mopping of
modified hot-melt adhesive. The minimum temperature for the modified hot-melt
adhesive at the point of application is EVT or 400°F (204”C), whichever is greater.
1. lnterply mopping rate: 25 Ibs. per 100 sq. ft. (1.2 kg/m2) average, tolerance f
20 percent.
-c 3.12 DAILY WATERSTOPITIE-INS
A. None.
3.13 PERMANENT WATERSTOPTnE-INS
A. Phased construction is not permitted.
3.14 MEMBRANE REPAIRS
A. Unadhered felt edges or fishmouths:
1. Unadhered ply sheet within 2 inches (50 mm) or less from exposed edges:
a. Cut-away unadhered felts and remove dust and debris; dry.
b. Apply asphalt mastic to seal.
8. Unadhered ply sheet more than 2 inches (50 mm) in from the ply edge:
1. Cut away unbonded ply sheets until firmly laminated sheets are reached.
Clean; dry.
2. Reinforce and seal prepared area with reinforcing mesh embedded between alternate continuous applications of asphalt mastic.
28
C. All defects shall be repaired using at least one additional ply in area being repaired.
D. Use same membrane materials. Adhere repair materials in manner as specified for
original membrane. Install surfacing to match existing surrounding area.
3.15 FLASHINGS
A. General flashing requirements:
1. MB Flashing:
a. Adhere one (1) ply flashing ply to flashing substrate in a continuous
application of flashing bitumen. Remove wrinkles and voids. Overlap
sections 4 inches (100 mm).
b. Extend flashing ply 4 inches (100 mm) beyond toe of cant.
C. Cut modified bitumen flashing membrane in lengths not to exceed 10
feet (3.1 meter). Apply flashing bitumen to flashing ply in a continuous
l/l6 inch (1.6 mm) thick application. Adhere flashing membrane to
bitumen. Lap flashing membrane ends 4 inches (100 mm); extend
membrane 6 inches (150 mm) beyond toe of cant; press sheet firmly in
place. Ensure complete bond and continuity without wrinkles or voids.
Adhere laps with flashing bitumen. Seal vertical laps of flashing
membrane with reinforcing membrane embedded between alternate
continuous courses of flashing bitumen.
2. Base flashing height: a. Not less than 8 inches (200 mm), not higher than 12 inches (305 mm)
above finished roofing surface.
3. Two-Ply Stripping for metal flanges:
a. Set flange in asphalt mastic. Seal flange with two (2) stripping plies embedded between alternate applications of stripping
adhesive/bitumen. Extend first ply 4 inches (100 mm) beyond flange;
second ply 2 inches (50 mm) beyond first ply.
4. Two-ply stripping for base flashings:
a. Seal horizontal edge of flashing with two (2) stripping plies embedded
between alternate applications of stripping adhesive/bitumen. Extend
first ply 4 inches (100 mm) beyond flashing sheet; second ply 2 inches
(50 mm) beyond first ply.
B. At wall flashings:
1. Adhere cant strip to flashing base in a continuous application of flashing
bitumen/adhesive.
2. Install modified bitumen base flashing as described in general flashing
requirements section. 3. Where designated, wrap parapet walls with base sheet and modified bitumen
base flashing up vertical surface of the parapet wall and set in hot melt
adhesive or mastic. Mechanically terminate base flashing by wrapping over
the exposed face and edge of the blocking to the underside of the wood
29
blocking on parapet wall and fasten metal coping as described below.
a. Provide five-course seal/reinforcement at laps of flashing membrane.
1) Embed two (2) wurses reinforcing mesh in alternate continuous
applications of asphalt mastic; leave no voids. Cover reinforcing
mesh with a top wurse of asphalt mastic.
2) Coat laps with white elastomeric coating
4. In designated areas where a wunterflashing system is specified, secure top edge of flashing membrane to vertical substrate with termination bar with
caulk tray secured 8 inches (200 mm) O.C. maximum.
5. Provide five-course seal/reinforcement at top of flashing membrane.
a. Embed two (2) courses reinforcing mesh in alternate continuous
applications of asphalt mastic; leave no voids. Cover reinforcing mesh
with a top course of asphalt mastic.
6. Fabricate and install new wunterflashing on an even line throughout the
perimeter.
7. Install surface mount wunterflashing with flashing tape. Mechanically fasten
8 inches (200 mm) O.C. maximum.
8. Wipe clean metal surfaces of flashing joint with metal cleaner. Prime metal
joint surfaces with metal primer. Allow to dry.
9. Caulk flashing joint. Provide watershed. Tool neatly.
10. Install two (2) ply stripping for modified bitumen base flashing described in
general flashing requirements section.
C. At scupper locations:
1. Install cant strip up to scupper opening.
2. Install roofing to top edge of cant.
3. Fabricate and install metal scupper.
4. Install base flashings described in general flashing requirements section.
5. Fabricate and install new wunterflashing.
D. At wood curb flashings:
1. Remove mechanical equipment from curb.
2. Install new roofing to top edge of cant. Nail 8 inches (200 mm) O.C. with
spiral or annular nails, with a 1 inch (25 mm) cap.
3. Install modified bitumen base flashing as described in general flashing
requirements section.
4. Secure top edge of flashing to substrate with spiral or annular shank nails,
with a 1 inch (2.54 cm) cap, 8 inches (20.3 cm) O.C.
5. Provide five wurse seal/reinforcement at top of flashing membrane. a. Embed two (2) courses reinforcing mesh in alternate continuous
applications of asphalt mastic; leave no voids. Cover reinforcing mesh
with a top wurse of asphalt mastic.
b. Fabricate and install counter-flashing.
6. Reinstall mechanical equipment onto curb. Refasten.
30
E. At plumbing vents:
1. Wedge plumbing vent tight against deck.
2. Apply l/16 inch (1.6 mm) uniformly thick layer of asphalt mastic to surface receiving metal flange.
3. Fabricate and install plumbing vent flashing from lead. Flange: 4 inches (100
mm) wide minimum; extend completely around periphery of vent flashing.
Set flange into mastic. Neatly dress flange with wood block.
4. All through roof vents and pipes are to include contractor fabricated
umbrellas of galvanized steel or of a reinforced elastomeric membrane as
per Tremw warranty details.
5. Prime metal flange with asphalt primer.
a. Pipe outside diameter greater than 2 inches (50 mm): Bend lead inside
pipe 1 inch (25 mm) minimum with pliers or rubber/plastic mallet;
replace cracked lead.
b. Pipe outside diameter 2 inches (50 mm) or less: Cut lead at vent top;
fabricate and install integral lead cap.
C. Mechanically fasten plumbing vent to substrate, 3 inch (75 mm) O.C.
staggered.
6. Install two (2) ply stripping for metal flanges as described in general flashing
requirements section.
F. At copings:
1. Installation of light metal parapet cap.
a. Install wood blocking.
b. Install continuous bent cleat on outside edge of wood blocking. Cleat
shall be 1 gage heavier than coping cover. Lap ends 1 inch (25 mm).
Nail 16 inches (400 mm).
C. Install shims or beveled wood strips to provide inward slope to finished
coping cap.
d. Place a base sheet felt over top of parapet blocking. Extend down 2
inches (50 mm) minimum over edges.
e. Fabricate and install coping cover. Connect coping sections with l-1/4
inch (32 mm) high standing seam. Extend front and rear sides of wver
2 inches (50 mm) beyond wood blocking. Bend lower edges out 30
degrees maximum to form drip edge. Attach outside edge to
continuous cleat with 3/4 inch (19 mm) lock. Attach inside edge to
wood blocking 24 inches (610 mm) O.C. At comers, form standing seam
and miter. f. Terminate base flashing by wrapping over wood blocking exposed
surface and edge to the underside of the blocking.
G. At pitch pans:
1. Fabricate pitch pans, fitted with matching hood covers. Sides: 4 inches (100
mm) high, hemmed to outside at top edge. Flange: 4 inches (100 mm) wide,
completely around periphery. Clearance between projection and pitch pan: 2
31
.-
inches (50 mm). Set flange in mastic.
2. Pack gap between roof-penetrating element and deck with compressible
insulation. Seal with reinforcing membrane embedded between alternate
courses of asphalt mastic.
3. Nail flange to substrate 3 inches (75 mm) o.c., staggered.
4. Prime metal flange, projection, and pitch pan interior with asphalt primer.
5. Install two (2) ply stripping described in general flashing requirements
section.
6. Fill pitch pan to within 1 inch (25 mm) from top with non shrink grout. Allow to
set firm.
7. Fill pitch pan with asphalt mastic. Double fill if necessary.
8. Fabricate and install umbrella with drawband over pitch pan. Tighten
drawband.
9. Wipe clean top of umbrella and projection with metal cleaner. Prime surface
with metal primer.
10. Caulk stack/sheet metal interface. Provide watershed. Tool neatly.
H. At roof drains:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Install tapered edge strip around drain to create approximate 48 x 48 inch
(1220 x 1220 mm) sump. Miter comers. Seal toe of tapered edge to drain
rim with reinforcing membrane embedded between alternate courses of
asphalt mastic.
Install roofing system into sump and onto drain rim.
Plug drain to prevent water entry until service connection is completed.
Prime the bottom side of the lead flashing.
Apply l/16 inch (1.6 mm) uniformly thick layer of asphalt mastic to surface
receiving soft copper flashing.
Set single piece lead flashing in mastic centered over drain; extend lead 6
inches (150 mm) beyond drain rim. Neatly dress lead with wood block.
Clamp flashing collar to drain in bed of mastic.
Neatly cut lead/felts within drain at rim. Lead to extend 1 inch (25 mm) into
bowl.
Prime lead with asphalt primer.
Fabricate a I” x 4” (25 mm by 100 mm) gravel retainer in a 36” (0.914 m)
square around the drain bowl. Set gravel retainer in asphalt mastic.
Install two (2) ply stripping described in general flashing requirements
section. Stripping shall not extend under clamping ring.
For working drains, remove drain plug upon completion of work each day.
3.16 SURFACING TREATMENT ON FLASHINGS
A. Surfacing for Modified Bitumen Flashing Membrane.
1. None.
32
3.17 SURFACING APPLICATION
A. Roof surfacing:
1. Prior to application of surface treatment system, contractor shall inspect roof
with manufacturer’s representative.
2. Over entire roof surface apply uniform and continuous flood coat of hot-melt
modified bitumen at minimum rate of 50 Ibs. per 100 sq. ft. (2.4 kg/m2) f
20%.
3. Immediately broadcast minimum 60 Ibs./lOO sq. ft. (2.9 kg/m2) of new, clean
roofing granules. Cover flood coat material completely.
3.19 LIGHTNING PROTECTION SYSTEM
A. None.
3.20 PAINTING
A. All through roof penetrations to be painted with a silver reflective coating.
*--- B. All rooftop access hatches to be painted with silver reflective coating.
C. All air-handling units and ductwork to be sealed with mastic and mesh and painted
with silver reflective coating.
1. No “air-balling” will be acceptable
3.21 ADJUSTING AND CLEANING
A. Repair of deficiencies:
1. Installations of details noted as deficient during final inspection must be
repaired and corrected by applicator, and made ready for reinspection, within
five (5) working days.
B. Clean-up:
1. Immediately upon job completion, roof membrane and flashing surfaces shall be cleaned of debris.
2. Clean gutters and downspouts of debris.
33
STATEMENT OF ROOFING MANUFACTURER’S QUALIFICATIONS
Each bidder for the work included in the specifications and drawings and the contract documents ,, “-- ThaII submit with their bid the data requested in the following schedule of information. This data must
38 included in and made part of each bid document and contained in the sealed envelope. Failure to
comply with this instruction may be regarded as justification for rejecting the Contractors Proposal.
Submit one (1) copy of this statement.
1 .Name of bidder
2.Name of Material Supplier
3.Number of years manufacturing this roof system
4.Location of wholly owned and operated manufacturing facilities.
.-
Facility Facility
Product Product
Street Street
City City
State State
% of product used % of product used
mfg at this plant mfg at this plant
Facility Facility
Product Product
Street Street
City City
State State
% of product used Oh of product used
mfg at this plant mfg at this plant
S.Submit Material Safety Data Sheets on products to be used.
6.Submit current independent laboratory results on roofing system that is proposed, prior to award of
contract.
.The proposed roof system to be installed shall meet all local and state safety, health, fire and building code requirements.
34
Rep Name:
Phone/FAX:
DATE:
PROJECT:
CONTRACTOR:
PRE-FINAL INSPECTION CHECKLIST
The following items are to be checked and initialed by superintendent/foreman and the list the faxed
to manufacturer’s representative prior to calling for any PRE-SURFACING INSPECTION.
Termination Bar: Reinforced flashing is sandwiched with gasket tape between the wall and the
top edge of reinforced flashing. Termination bar is to be mechanically fastened 8
inches on center.
Round roof penetrations, i.e., pipes, supports, etc. Gasket tape, stainless steel clamps,
caulking, metal umbrellas are installed.
.I
Fan housings, exhaust units and equipment on small curbs have been secured with correct
screw fasteners and washers. Housings, duct work, and equipment have been cleaned
of all asphalt marks/overspray, or painted.
Roof Drains: New bolts are in placed and tight. Clamping rings and rim cleaned, drains tested,
dome wver in place. Sump installed.
Three (3) coursing is completed at all reinforced elastomeric flashing terminations to the roof
membrane. Five coursing or targets are completed at all metal flanges (gravel stops,
lead flanges, pitch pans, etc.). There shall be no reinforcing fabric or membrane showing through mastic.
All flanges properly secured to deck with appropriate fasteners nailed 3” on center and
staggered.
Caulk outside of the perimeter of thru-wall drains/scuppers.
Wood blocking and walkpads have been installed under all pipe and conduit runs on the roof,
including conduit clamps to blocking. Clamps to be loose fitting.
Mastic, asphalt, and/or adhesive is cleaned off all pipes, conduits, metal surfaces,
penetrations, perimeter metal and walls, or completely painted.
.I Gravel stop, coping, or perimeter metal has been properly butted and with wver plates,
interlocking laps, and metal fits tightly. The face of the gravel stop metal has been
cleaned or painted to match original if specified.
36
Gutters have been cleaned out and coated with rust prohibitive paint or coating (if specified).
Strainers have been installed at all downspout locations. Downspouts have been
“c- cleaned out and water flows through. Downspouts have be secured.
Gravel surface has been neatly dressed.
Sheet metal wrners installed and properly secured where metal flashing has been broken.
Walk pads have been installed at all service areas of roof top equipment, roof hatch, roof
ladders, doors, etc. and in areas required per specifications.
The grounds surrounding the building or project area and the setup areas have been cleaned
and all asphalt has been cleaned from grounds. All debris and ROOFING NAILS have
been cleaned up and disposed of.
The specifications, scope of work, and any special notes or applications have been reviewed
and completed to ensure all items have been addressed.
Pitch pans properly filled with grout, specified mastic, and sheet metal covers installed and sealed.
Field deficiencies have been repaired, such as dry laps, fishmouths, blisters, torn felts, etc.
All A/C duct seams sealed as specified.
‘-THANK YOU FOR YOUR COOPERATION!
FOREMAN
SUPERINTENDENT
NOTE: FINAL INSPECTION WILL BE SCHEDULED UPON COMPLETION OF FORM!!!
37