HomeMy WebLinkAboutNelson Roofing Inc; 2000-05-10; FAC01-01CITY OF CARLSBAD
San Diego County
, California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS
FOR
FURNISHING AND
INSTALLING NEW ROOF
AT
STAGECOACH & CALAVERA
COMMUNITY CENTERS
CONTRACT NO. FACOl-01
MaylO,
511 o/o0 Contract No. FAC 01-01 Page 1 of 62 Pages
TABLE OF CONTENTS
Page
Notice Inviting Bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Contractor’s Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Bid Security Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Bidder’s Bond To Accompany Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..*.................................................... 13
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Designation Of Subcontractor and Amount Of Subcontractors Bid Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Designation Of Owner Operator/Lessor and Amount Of Owner Operator/Lessor Work . . . . . . . . . . . . 18
Bidder’s Statement Of Financial Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..~.......................... 19
Bidder’s Statement Of Technical Ability And Experience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..~.......................... 20
,--
Bidder’s Certificate Of Insurance For General Liability, Employers’ Liability, Automotive
Liability And Workers’ Compensation . . . . . . . . ..~............................................................................... 21
Bidder’s Statement Of Re Debarment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s . . . . . . . . . . . . . . . . . 22
Bidder’s Disclosure Of Discipline Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Contract Public Works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Labor And Materials Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Faithful Performance/Warranty Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
SUPPLEMENTAL PROVISIONS
Part 1 General Provisions
Section 1
l-l l-2
l-3
Terms, Definitions Abbreviations And Symbols
Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..~.................................................... 39
Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Abbreviations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Section 2
2-3
2-4 2-5
Scope And Control Of The Work
Subcontracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Contract Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Plans And Specifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
em
w 5/10/00 Contract No. FAC 01-01 Page 2 of 62 Pages
2-10
Section 3
3-2
3-3
3-4
3-5
Section 4 Control Of Materials
4-1 Materials And Workmanship . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s . . . . . . . . . . . . . . . . . . . . . . . . . .
4-2 Materials Transportation, Handling and Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
Authority Of Board And Engineer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Changes In Work
Changes Initiated by the Agency ..........................................................................
Extra Work ............................................................................................................
Changed Conditions .............................................................................................
Disputed Work ......................................................................................................
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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5/l o/o0 Contract No. FAC 01-01 Page 3 of 62 Pages
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Sealed bids shall be deposited in the Bid Box located in the first floor lobby of the Faraday Center
located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, until 4:00 P.M. on the e day
of Auqust 2000, at which time they will be opened and read, for performing the work as follows:
CONTRACT NO. FACOl-01
Furnishing and Installing New Roof at
Stagecoach & Calavera Community Centers
This bid and the terms of the Contract Documents and Supplemental Provisions constitute an ir-
revocable 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 of Public
Works. The specifications for the work include the Standard Specifications for Public Works Con-
struction, 1997 Edition, and the 1998 and 1999 suuplements 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 Engi-
neer.
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 Depart-
ment. Each bid must be accompanied by security in a form and amount required by law. The bid-
der’s security of the second and third next lowest responsive bidders may be withheld until the Con-
tract has been fully executed. The security submitted by all other unsuccessful bidders shall be re-
turned 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 perform-
ance 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:
5/l o/o0 Contract No. FAC 01-01 Page 4 of 62 Pages
o-+- 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 Responsi-
bility
7. Bidder’s Statement of Technical Ability and
Experience
8. Acknowledgement of Addendum(a) 9. Certificate of Insurance. The riders cover-
ing 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.
lO.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 Engineer’s Estimate. The estimated quantities are ap-
proximate and serve solely as a basis for the comparison of bids. The Engineer’s Estimate is
$130.000.
-
Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a wn-
tractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall
be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be
invalidated by the failure of the bidder to be licensed in accordance with California law. Where fed-
eral 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 fol-
lowing 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 Engineer a written request for clarification or correction. Any
response will be made only by a written addendum duly issued by the Engineer a copy of which will
be mailed or delivered to each person receiving a set of the contract documents. No oral response
will be made to such inquiry. Prior to the award of the contract, no addition to, modification of
or interpretation of any provision in the contract documents will be given by any agent, em-
ployee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except
as hereinbefore specified.
The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids.
q b 5/10/00 Contract No. FAC 01-01 Page 5 of 62 Pages
F- The general prevailing rate of wages for each craft or type of worker needed to execute the Contract
shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy
of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the
Contract is awarded shall not pay less than the said specified prevailing rates of wages to all work-
ers 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 Subcon-
tracting Fair Practices Act.” The City Engineer is the City’s “duly authorized officer” for the purposes
of section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A pre-bid meeting and tour of the project site will not be held.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in
this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the
corrected extension shall be calculated and the bids will be computed as indicated above and wm-
pared 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.
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 ($1 O,OOO,OOO).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the wn-
tract exceeds ten million dollars ($lO,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 Supple- mental 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 ex-
ceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to
be accompanied by the following documents:
1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or
other instrument entitling or authorizing the person who executed the bond to do so.
2) A certified copy of the certificate of authority of the insurer issued by the insurance wmmis- sioner.
5/l o/o0 Contract No. FAC 01-01 Page 6 of 62 Pages
If the bid is accepted, the City may require copies of the insurer’s most recent annual statement and
quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of
the insurer’s receipt of a request to submit the statements.
Insurance is to be placed with insurers that:
1) Have a rating in the most recent Best’s Key Rating Guide of at least A-:V
2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner.
Auto policies offered to meet the specification of this contract must:
1) Meet the conditions stated above for all insurance companies.
2) Cover 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 cer- tificate 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 meet-
ing 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’ wm-
pensation 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 re-
- quired 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 Carls-
bad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2000-213,
adopted on the 2 day of Julv, 2000.
y- /2?-dd
Date RAINF M. WOOD, City Clerk
v3 5/10/00 Contract No. FAC 01-01 Page 7 of 62 Pages
,
- City of Carlsbad
July 20, 2000
ADDENDUM NO. 1
RE: FURNISH AND INSTALL A NEW ROOF AT STAGECOACH AND CALAVERA
COMMUNITY CENTERS, Contract No. FACOI-01
Please include the attached addendum in the Notice to Bidder/Request for Bids you
have for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal Form/Bid
when your bid is submitted.
RUTH FLETCHER
Purchasing Officer
RF:jlk
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
1635 Faraday Avenue - Carlsbad, CA 92008-7314 l (760) 602-2460 - FAX (760) 602-8556 a9
City of Carlsbad
August 4,200O
ADDENDUM NO. 2
RE: FURNISH AND INSTALL A NEW ROOF AT STAGECOACH AND CALAVERA
COMMUNITY CENTERS, Contract No. FACOI-01
Please include the attached addendum in the Notice to Bidder/Request for Bids you
have for the above project.
This addendum--receipt acknowledged--must be attached to your Proposal Form/Bid
when your bid is submitted.
If you missed the pre-bid meeting of August 2, 2000 (see Addendum No. 1) and you
would like to visit the site, please contact Glen Boodry at 760-434-2944.
RUTH+LETCHER
Purchasing Officer
RF:jlk
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2
1635 Faraday Avenue * Carlsbad, CA 92008-7314 - (760) 602-2460 l FAX (760) 602-8556
City of Carlsbad ’
August 8,2000
ADDENDUM NO. 3
RE: FURNISH AND INSTALL A NEW ROOF AT STAGECOACH AND CALAVERA
COMMUNITY CENTERS, Contract No. FACOI-OI
Please include the attached addendum in the Notice to Bidder/Request for Bids you
have for the above project.
This addendum--receipt acknowledged-must be attached to your Proposal Form/Bid
when your bid is submitted.
RUTHFLETCHER
Purchasing Officer
RF:jlk
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 3
Bidder’s Sig’nature
--
1635 Faraday Avenue l Carlsbad, CA 92008-7314 - (760) 602-2460 - FAX (760) 602-8556
CITY OF CARLSBAD
_--
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CONTRACT NO. FACOl-01
Furnishing and Installing New Roof at
Stagecoach & Calavera Community Centers
CONTRACTOR’S PROPOSAL
O?ENED, WiTNESSED AND RECQRXD:
City Council
City of Carlsbad 1200 Carlsbad Village Drive
Carlsbad, California 92008
. f+-&ePe3 &
DATE Sj~-T,jr\~li:‘.;.,
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 01-01 in accordance with the Plans, Specifications,
Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the
following unit prices for each item complete, to wit:
SCHEDULE “A” Roof at Stagecoach & Calavera Community Centers
Approximate Item Quantity Unit
No. DescriDtion and Unit Price Total
A-l Furnish all materials and la- 2 8 8 LS $ 5.047 $&145&64.~0
bor to install specified roofing
and related components at
Stagecoach and Calavera
Community Centers
Total amount of bid in words for Schedule “A”: ONE HUNDRED FORTY FIVE THOUSAND THREE HUNDRED SIXTY AND OO/lOO
Total amount of bid in numbers for Schedule “A”: $ 145,360.OO
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). 1- 2 -3 has/have been received and is/are included ‘in this
proposal.
The Undersigned has carefully checked all of the above figures and understands that the City will not - be responsible for any error or omission on the part of the Undersigned in preparing this bid.
- The Undersigned agrees that in case of default in executing the required Contract with necessary
-
Contract No. FAC 01-01 Page 8 of 62 Pages
.- bonds and insurance policies within twenty (20) days from the date of award of Contract by the City
Council of the City of Car&bad, 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.
-
c-
--
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to do
business or act in the capacity
J”
f a contractor within the State of Califomip P alidly licensed under
license number 208345 , classification c-39
l/31/02 J
which expires on
, an that this statement is true and correct and has the legal effect of an affidavit. ‘J
f+ A bid submitted to the City by a ontractor who is not licensed as a contractor pursuant to the Busi- ness and Professions Code shall be considered nonresponsive and shall be rejected by the City §
7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated
by the failure of the bidder to be licensed in accordance with California law. However, at the time
the contract is awarded, the contractor shall be properly licensed. Public Contract Code 3 20104.
The Undersigned bidder hereby represents as follows:
1. That no Council member, officer agent, or employee of the City of Carlsbad is personally inter-
ested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no rep- resentation, 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 RClNl3 or Cashier’s Check) for ten percent (10%) of the amount bid.
(Cash, Certified Check, Bond
The Undersigned is aware of the provisions of section 3700 of the Labor Code which requires every
employer to be insured against liability for workers’ compensation or to undertake self-insurance in
accordance with the provisions of that code, and agrees to comply with such provisions before com-
mencing the performance of the work of this Contract and continue to comply until the contract is
complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative
to the general prevailing rate of wages for each craft or type of worker needed to execute the Con-
tract and agrees to comply with its provisions.
b 3 5/l o/o0 Contract No. FAC 01-01 Page 9 of 62 Pages
--
-
-
--
-
c
4-
(1) Name under whit
(2) Signature (given
(3) Place of Business
IF A PARTNEWHERE:
(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 NELSON ROOFING INCORPORATED
(Signature)
(Title)
Impress Corporate Seal here
. . .
. . .
. . .
. . .
. . .
S/l o/o0 Contract No. FAC 01-01 Page 10 of 62 Pages
%.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of SAN DIEGO , I
On beforeme, MARIA CHAMBERS (notary public) , {hc&o
Name and Tille of Officer (e.g.. *Jane Doe, Notary Publif)
personally appeared RONALD CHAMBERS 8
Name(s) of Signer(s)
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.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:
Cl Individual
0 Corporate Officer e
Title(s):
0 Partner - 0 Limited 0 General
Cl Attorney-in-Fact
Cl Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Cl Individual
Cl Corporate Officer
Title(s):
0 Partner - 0 Limited Cl General
Cl Attorney-in-Fact
0 Trustee
•i Guardian or Conservator
0 Other:
Signer Is Representing:
“.’
0 lQQ6 National Notary Association * 8236 Remmet Ave., P.O. Box 7164 * Canoga Park, CAQ1309-7164 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6627
.-
c- (3)
(4)
.-
--
Incorporated under the laws of the State of C!AT,TFORNTA
Place of Business 747 ENTERPRISE STREET (Street and Number)
City and State ESCONDIDO, CALIFORNIA
(5) Zip Code 92029 Telephone No. (760) 738-1050
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
ATTACHED
--
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:
R.D. REDFEARN PRESIDENT
- WARREN NELSON SEC/TREAS.
NORMAN NELSON VICE PRESIDENT
RON CHAMBERS GENERAL MANAGER
.‘”
-
Q @s 511 o/o0 Contract No. FAC 01-01 Page 11 of 62 Pages
BID SECURITY FORM
(Check to Accompany Bid)
CONTRACT NO. FACOI -01
Furnishing and Installing New Roof at
Stagecoach & Calavera Community Centers
(NOTE: The following form shall be used if check accompanies bid.)
Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
dollars ($ ),
this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall
become the property of the City provided this proposal shall be accepted by the City through action
of its legally constituted contracting authorities and the undersigned shall fail to execute a contract
and furnish the required Performance, Warranty and Payment Bonds and proof of insurance cover-
age within the stipulated time; otherwise, the check shall be returned to the undersigned. The pro-
ceeds 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 oth-
F-- erwise required by law, and notwithstanding the award of the contract to another bidder.
BIDDER
*Delete the inapplicable word.
(Note: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages
shall be executed--the sum of this bond shall be not less than ten percent (10%) of the total amount
of the bid.)
@% SW 5/10/00 Contract No. FAC 01-01 Page 12 of 62 Pages
: >. . . _-
BIDDER’S BOND TO ACCOMPANY PROPOSAL
CONTRACT NO. FACOl-01
Furnishing and fnstalling New Roof at
Stagecoach & Caiavera Community Centers
KNOW ALL PERSONS BY THESE PRESENTS: United States Fidelity
That we, Nelson Rwfingr Inc. as Principal, and and Guaranty Corcp?any
as Surety are held and firmfy bouno unto the City of Carlsbad, California. in an amoynt as foilows~
(must be.at least ten Rercent (?O%) -of the bid amount) Ten Percent of ~~~ B1d 7or which
payment, well and trul$ made, we bind ourselves, our heirs, executors and administrators, succes-
sors or assigns, jointly qnd severally, firmiy by these presents,
THE CONDITION OF THE FOREGOING OBLlGATlON IS SUCH that if the proposal of the above- bounden Principal for:
Furnishing and Installing New Roof at Stagecoach & Calavera Community Centers - FAC 07-01
in the City of Carlsbad, is accepted by the City Council. and if the Principal shall duly enter into and
execute a Contract including required bonds and insurance policies within twenty (20) days from the
date of award of Contract by the City Council of the City of Carlsbad, being duly notified of said
award. then this obligatibn shall become null and void; &hen&e, it shall be and remain in full force
and effect, and the amount specified herein shall be forfeited to the said City.
In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall
not exonerate the Surety from its obligations under this bond.
Executed by PRINCIPAL this 8th day of Auqust ,20~.
PRINCIFAL: Nelson Roofina, Inc.
(siGn here) R.D. REDFEARN (print name here)
PRESIDENT NELSON ROOFING INC.
(Title and Organization of Signatory)
By:
(sign here)
WARREN NELSON Nanette Mariella-Myers
(print name here) (printed name of Attorney-in-Fact)
Executed by SURETY this 8th day of
ec+ ( 20&.
SUREN; United States Fidelity and Guawtv Comwany (name of Surety) 500 South Kraemer Blvd., Suite 220 Brea, California 92821 -~- (address of Surety)
(714) 9934430
(telephone number of Surety)
By: a-*=+&
(signature of Attorney-in-Fact)
WC./TREAS. NELSON ROOFING INC. We and organization of signatory) (Attach corporate resolution showing current
power of attorney.)
?G 5/l cl:00 Contract No. FAC 01-01 me-.. 1.. . -- -
I
I I
(Proper notarial ack q owledgment of execution by PRINCIPAL and SUREW must be attached.)
(President or vice-p$sident and secretary or assistant secretary must sign for corporations. If only
one officer signs, th corporation must attach a resolution certified by the secretary or assistant Sec-
retary under corpora 1 e seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL /
?3 5/ld/OO Contract No. FAC 01-01 Page 14 of 62 Pages
. . :s a’
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of California
County of Orange
On B/she
’ DATE
personally appeared
before me, Rhoda C. Abel, Notary Public ,
NAME, llTLE OF OFFICER - E.G.. “JANE DOE, NOTARY PUBLIC’
Nanette Mariella-Myers I
NAME(S) OF SIGNER(S) q personally known to me - OR - q proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
wT,,,ESS ,,,.. L---I --A -SE-:-I me-1 seal. -
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AlTACHED DOCUMENT
0 INDIVIDUAL q CORPORATE OFFICER
TITLE(S)
0 PARTNER(S)
El
LIMITED
GENERAL q ATTORNEY-IN-FACT q TRUSTEE(S)
B ~;;$ANICONSERVATOR
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S) OR ENTIN(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
S-40671GEEF 2!98 0 1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-71s
- -... ~. . _ i
p : :
:AliIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
,. County of SAN DIEGO . .
On / v ta
personally appeared
before me, MARIA CHAMBERS (NOTARY PUBLIC)
Name and Title of Officer (e.g., “Jane Doe, Notary Public’) ‘. R.D. REDFEARN , Name(s) of Signer(s) ’
[XJ personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official,seal. d$QThN /
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: t
Document Date: Number of Pages:
Signer(s) Other i’han Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
0 Individual
q Corporate Officer
Title(s):
Cl Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
C Other:
Signer Is Representing:
L
Signer’s Name:
Cl Individual
q Corporate Officer
Title(s):
0 Partner - 0 Limited q General
0 Attorney-in-Fact
0 Trustee
Cl Guardian or Conservator
Cl Other:
Signer Is Representing:
0 1996 National Notar/ Association - 62-6 Remmet Ave., P.O. Box 7184 * Canoga Park, CA 91309-7164 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6827
!
AL‘IFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of ,CALIFORNIA
County of __ SAN DIEGO
On 8/16/00 before me, MARIA CHAMBERS (notary public) , me Name and litle of Officer (e.g., ‘Jane Doe, Notary Public’)
personally appeared WARREN NELSON _ ~___~.~ _ I
Name(s) of Signer(s)
personally known to me
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
f
acted, executed the instrument.
WITNESS my hand and official seal. _
Slgnature%f Notary Public
OPTIONAL
Though the information below is not required by law, it may prove va/uab/e to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
Cl Individual
Cl Corporate Officer r
Title(s):
Cl Partner - q Limited Cl General
0 Attorney-in-Fact
0 Trustee
Cl Guardian or Conservator 0 Other:
Signer Is Repmsenting:
Signer’s Name:
q Individual
Cl Corporate Officer
Title(s):
0 Partner - Cl Limited 0 General
- Imb here
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator 0 Other: Top of thu
,
Signer Is Representing: .:.
:
0 1996 National Not?ry &so&lion * 6236 Remmet Ave.. P.O. Box 7164 - Canoga Park, CA 91309-7164 Prod. No. 5907 Reorder: Call Toll-Free l-600-676-6627
4
POWER OF ATTORNEY .
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
United States Fidelity and Guaranty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Power of Attorney No. 20300 Certificate No. 1637r38
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that
St. Paul Fire. and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collecrively called the “Companies”), and that the Companies do
hereby make, constitute and appoint
James A. Schaller, Stanley C. Lynn, Rhonda C. Abel, Jane Kepner and Nanette Mariella-Myers
of the City of Costa Mesa , State California , their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertaking y actions or proceedings allowed by law.
day of December 1999 .-.
State of Maryland
City of Baltimore
s Fidelity and Guaranty Company
Guaranty Insurance Company
Guaranty Insurance Underwriters, Inc. .
E;z”t
. t l .
MICHAEL R. MCKIBBEN, Assistant Secretary
On this 1st day of December , 1999 ( before me, the undersigned officer, personally appeared John F. Phinney and
Michael R. McKibben, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and
Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duly autborized officers.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 13th day of July, 2002.
REBECCA EASLEY-ONOKALA, Notary Public
86203 Rev. 11-99 Printed in U.S.A.
.-
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 dis-
closure 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”, “Con-
tract Price”, “Contract Unit Price”, ” Engineer”, “Subcontractor” and “Work” and the definitions in sec-
tion 1-2 of the Supplemental Provisions especially “Own Organization” and “Owner Opera-
tor/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 in-
formation 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/lessors or otherwise to be
performed by forces other than the Bidder’s own organization will be rejected as non-responsive.
Specialty items of work that may be so designated by the Engineer on the “Contractor’s Proposal”
are not included in computing the percentage of work proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor 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 li-
censed 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 thou-
sand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontrao tar(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 Contractor’s 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 Bidder’s own forces (as Contractor) nor the
Bidder’s overhead and profit for subcontracted items of the work is included to compute the percent-
age 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 Opera-
tor/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 Subcon- tractor’s Overhead & Profir’ or ” Amount of Owner Operator/Lessor Bid Item Including Owner Opera-
tor/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 in-
stalls 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 Subcontrac-
tor or Owner Operator/Lessor installs to compute the amount of work so installed.
?3 5/10/00 Contract No. FAC 01-01 Page 15 of 62 Pages
*I-- 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.
r‘ 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.
5/l o/o0 Contract No. FAC 01-01 Page 16 of 62 Pages
.-. DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR’S BID ITEMS
CONTRACT NO. FACOI-01
Furnishing and Installing New Roof at
Stagecoach & Calavera Community Centers
.“_
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: ‘inir Lb
Subcontractor’s Location of Business I
Street Address
City State
*Subcontractor’s Telephone Number including Area Code: I 1
*Subcontractor’s California State Contractors License No. and Classification:
l Subwntractor’s Carlsbad Business License No.:
Zip
m
Yumn 1 - Bid Item No. from the bid proposal, pages through , inclusive. >lumn 2 - The dollar amount of the item to be perfced by the Subcontractor. slumn 3 - The dollar amount of the item tc be performed by Contractor’s own forces. E Dlumn 4 -- Tt re dollar amount of the Contractor’s overhead and profit for work done by both the Contractor’s and the Sub- contractors 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
l Pursuant to secticn 4104 (a)(2)(A) Califcmla Pub&c Contrsct Code, receipt of the pcrticns of the infonnatien preceded by an asterisk required on this document may be submittad by the Bidder up to 24 hours altar the deadline for submitting bids contained in the ‘No- tice Inviting Bids.”
SUBCONTRACTOR’S BID ITEMS
mianation:
?3 5/10/00 Contract No. FAC 01-01 Page 17 of 62 Pages
-
DESIGNATION OF OWNER OPERATOR/LESSOR AND
AMOUNT OF OWNER OPERATOR/LESSOR WORK
CONTRACT NO. FACOI-01
Furnishing and Installing New Roof at
Stagecoach & Calavera Community Centers
The Bidder certifies that it has used the sub-bid of the following listed Owner Operator/Lessor in pre- paring 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 specifi- cations 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 Busi-
_.-
Street Address
City State Zip
*Owner Operator/Lessor Telephone Number including Area Code: 1 1 m
*Owner Operator/Lessor City of Carlsbad Business License No.:
--
--
OWNER OPERATOR/LESSOR WORK ITEMS
Item Performed by Con- Overhead 8 Profit In Bid
tractor Excluding Over-
head & Profit
ExDlanation: Column 1 - Bid Item No. from the bid proposal, pages _ through _, inclusive. Column ? - The dollar amount of the item to be performed by the Owner Operator/Lessor. Column 3 - The dollar amount of the item to be pelformed by Contractor’s own forces. Column 4 - The dollar amount of the Contractor’s overhead and profti 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 tha 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) Caliiia Public Contract Code, receipt of the portions of the information 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 ‘NO tice Inviting Bids.”
5/10/00 Contract No. FAC 01-01 Page 18 of 62 Pages
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
CONTRACT NO. FACOI -01
Furnishing and Installing New Roof at
Stagecoach & Calavera Community Centers
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submit-
ted under separate cover marked CONFIDENTIAL.
@s % 5/10/00 Contract No. FAC 01-01 Page 19 of 62 Pages
-
_-
-
L_
,-
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BIDDER’S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
CONTRACT NO. FACOI -01
Furnishing and Installing New Roof at
Stagecoach & Calavera Community Centers
The Bidder is required to state what work of a similar character to that included in the proposed Con-
tract he/she has successfully performed and give references, with telephone numbers, which will en- able the City to judge his/her responsibility, experience and skill. An attachment can be used.
Date Contract Name and Address Name and Phone No. of Person Type of
Amount
I of
to Contract 1 work I Contract "RAZIER I
. - (IOU) 757-2560 ROOFING 4
9/98 CITY OF HEMET MIKE UNDERWOOD (909) 765-2330 ROOFING 27,500.
7/20/98 SAN DIEGO 8 AS BOB TEMPLETON & ELECTRI (8581621-8867 ROOFING 153,500
Q @% 5/l o/o0 Contract No. FAC 01-01 Page 20 of 62 Pages
NELSON
ROOFING INCORPORATED
STATE LICENSE 208345
REFERENCE LIST
,-
KAISER PERMANENTE SAN DIEGUITO H.S. DISTRICT
10992 San Diego Mission Road 7 10 Encinitas Blvd.
San Diego, California Encinitas, CA 92024
Mr. Warren Gross ATTN: Harvey Raul
(6 19) 5285563 (760) 753-0179
SOLAR TURBINES
4200 Ruffin Road
San Diego, CA 92123
Mr. Alex McGaughran
(619) 694-6647
ESCONDIDO UNION HIGH SCHOOL
DISTRICT
1789 Broadway
Escondido, CA 92025
Mr. Gary Ostrem
(760) 480-3004
KYOCERA AMERICA
8611 Balboa Avenue
San Diego, CA 92109
Mr. Thomas Roske
(619)576-2600
VAN CAN INC.
9045 Carroll Way
San Diego, CA 92109
(619) 566-2141
SDG&E
9965 Carroll Canyon Rd.
San Diego, CA 92131
Mr. Robert Templeton
(858) 621-8867
PALOMAR MEDICAL
Valley Parkway
Escondido, CA 92025
Mr. John Schreiber
(760) 739-3 170
San Marcos Unified School
District
1 Civic Center Drive
San Marcos, CA 92069
Mr. Steve Brizeno
(760)752-1218
TRI CITY MEDICAL CENTER
4002 Vista Way
Oceanside, CA 92056
Mr. Carl Riecke
(760) 940-3435
Temecula Valley Unified
School District
31350 Ranch0 Vista Rd.
Ms. Janet Dixon
(909) 695-7387
Vista Unified School District
1234 Arcadia Avenue
Vista, Ca. 92083
Mr. Herb Eckhert
(760) 726-2170
Oceanside Unified School District
2111 Mission Avenue
Oceanside, CA 92054
Mr. Tony Frazier
f7hf-n 757-75m
City Of Hemet
450 E. Latham Avenue
Hemet, CA 92543
Mike Underwood
,909l 7hC7.7?0
747 ENTERPRISE STREET, ESCONDIDO, CA 92029 l 760-738-1050 l FAX-738-1054
I
Sent By: Pat McRae Ins ; 9492521410; Sep.13-00 1:50PM; Page II2
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__ PAT&K MCRAE 1NSURANCE SVCS. 2400:;$. KATELLA AVE # 1030 ANAHEXM, CA 92806 714-9~9-2063
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NELSO& ROOFING, INC 1849 :RESERVOIR DRIVE W LONG.@ACH, CA 90804
ONLY AND CONF HOLDER. TtilS CE ALTER THE COW
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ISURED NAMED ABOVE FOff fl41i POLICY PERIOD
‘HER OOCUMENT WITH RESPECT TO WHICH THlS
:RlBED HEREIN IS ,WBJECT TO ALL THE TERMS.
,,, . .,l......_ _. THIS IS T$’ CERTIFY THAT THE POLICIES Of INSURANCE LISTED BELOW HAVE BEEN tB$UED TO THE
INDICATE& NOTWlTHStANDlNG ANY REQUIREMENT, TERM OR CONDlTtQN OF ANY CONTRACT OR I
CERTIFICA;TE MAY BE ISSUED OR MAY PERfAIN, THE INSURANCE AFFORDED BY THE POLICIES DE
EXCLUS!O&S AN5’CONDlTlONS OF SUCH POLICIES. LlMlTS,~,HOWN MAY t .,,.- .._
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RCLEBWEUAL rrEMS
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EWDWTI~N OS ~wSRATIONSIIOCAT~CN~N
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Sent By: Pat McRae Ins ;
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POL J(3Y NUMBEK: CP30075422 F$FECrTm DATIZ: 3-15-00 / 3-15-01
NAM&D INSUEUD: NELSON KOOE’LNG,
ADDlTIONAL INSURED -QWMRS, I.ESSPES OR
CONTRACTORS (FORM B)
TmS EWIRSEWT MODWES JNSURANCR l=ROVIDED 1 ‘I’HE FOI_;LOWNG:
COMMERCIAL m?‘0?&4L UABlUI’y CrlV~4GE PART .
SCHEDULE: CTTY OF CARLSBA~ 1
Name of Person Or Organizathn:
Cib Of Carlsbad
1635 Faraday Avenue
Carlsbad CA 92008
WHO IS AN lNSI.J@D (SECIWN rr) is amended to include as an i:
organizttioh shoti in the’ Schedule, but only with respects to liabilit)
for that insured by or for you.
Upon your notification to us, we will issue a separate endorsement fo which this coverapes applies.
lred the person&r ,ising out of yaw work
1~11 atiitional insured to
The insurance provided by this tcndorsement for the Additional Insured{ s prixnaly an@ any
other insurance maintained by the Additional Insured(s) is excess only is non-contribubry
with, lhe insurance provided herein.
.- BIDDER’S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS’ LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS’ COMPENSATION
(To Accompany Proposal) CONTRACT NO. FACOI -01
Furnishing and Installing New Roof at
. Stagecoach & Calavera Community Centers
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 Employers
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 com-
pany 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 cer-
tificate must state the coverage is for “any auto” and cannot be limited in any manner.
q Q 5/10/00 Contract No. FAC 01-01 Page 21 of 62 Pages
.-
--
--
-
BIDDER’S STATEMENT RE DEBARMENT
(To Accompany Proposal)
CONTRACT NO. FACOI -04
Furnishing and Installing New Roof at
Stagecoach & Calavera Community Centers
1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by an- other jurisdiction in the State of California?
yes
d&L- no
2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debar-
ment(s)? Attach additional copies of this page to accommodate more than two debarments.
party debarred party debarred
agency agency
period of debarment period of debarment
-
BY CONTRACTOR:
RON CHAMBERS GENERAL MANAGER
(print name/title)
Page -Of- pages of this Re Debarment form
b @% 5/l o/o0 Contract No. FAC 01-01 Page 22 of 62 Pages
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
CONTRACT NO. FACOI -01
Furnishing and Installing New Roof at
Stagecoach & Calavera Community Centers
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 re-
garding 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 Regis-
trar, Contractors’ State License board, P.O. Box 26000, Sacramento, California 95826.
1) Have you ever had your contractor’s license suspended or revoked by the California Contractors’
State license Board two or more times within an eight year period?
yes no
2) Has the suspension or revocation of your contractors license ever been stayed?
Yes no
_-
3) Have any subcontractors that you propose to perform any portion of the Work ever had their con- tractor’s license suspended or revoked by the California Contractors’ State license Board two or
more times within an eight year period?
k
yes no
4) Has the suspension or revocation of the license of any subcontractor’s that you propose to per-
form any portion of the Wprk ever been stayed?
>(
yes no
5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party dis- ciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the
- violation and the disciplinary action taken therefor.
(If needed attach additional sheets to provide full disclosure.)
Page- - of pages of this Disclosure of Discipline form
Contract No. FAC 01-01 Page 23 of 62 Pages
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal) CONTRACT NO. FACOI -01
Furnishing and Installing New Roof at
Stagecoach & Calavera Community Centers
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, de- scribe 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:
RON CHAMBERS GENERALsMANAGER (print name/title)
Page of pages of this Disclosure of Discipline form
b q 5/l o/o0 Contract No. FAC 01-01 Page 24 of 62 Pages
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
CONTRACT NO. FACOI -01
Furnishing and Installing New Roof at
Stagecoach & Calavera Community Centers
State of California )
) ss. County of SAN DIEGO )
NELSON ROOFING INCORPORATED
(Name of Bidder)
, being first duly sworn, deposes
and says that he or she is GENERAL MANAGER
(Title)
of NELSON ROOFING INCORPORATED
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any un-
disclosed 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, di-
rectly 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 th F- day of AUGUST ,20 00.
Subscribed and sworn to before me on the 14th day of AUGUST ,280 .
5/I o/o0 Contract No. FAC 01-01 Page 25 of 62 Pages
CONTRACT
PUBLIC WORKS
This agreement is made this day of 920 1 by and be-
tween the City of Carlsbad, California, a municipal corporation, (hereinafter called “City”),
and NELSON ROOFING, INC. whose principal place of business is
747 ENTERPRISE STREET, ESCONDIDO, CA 92029 (hereinafter
called “Contractor”).
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for: Furnishing and Installing New Roof at
Stagecoach & Calavera Community Centers
FAC 01-01
(hereinafter called “project”)
2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids,
Contractor’s Proposal, Bidder’s Bond, Designation of Subcontractors, Designation of Owner Opera-
tor/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 Pro-
visions, 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 indi- cated, specified, and implied by the Contract Documents. Any items of work not indicated or speci-
fied, but which are essential to the completion of the work, shall be provided at the Contractor’s ex-
pense 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 Contractor’s performance of work under this Contract, City
shall make payment to the Contractor per section 9-3 PAYMENT of the Standard Specifications for
Public Works Construction (SSPWC) 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 Engineer will close the estimate of work completed for progress payments on the last working
day of each month.
5. Independent Investigation. Contractor has made an independent investigation of the job-
q % 5/10/00 Contract No. FAC 01-01 Page 26 of 62 Pages
7 I
site, the soil conditions at the jobsite, and all other conditions that might affect the progress of the
work, and is aware of those conditions. The Contract price includes payment for all work that may
be done by Contractor, whether anticipated or not, in order to overcome underground conditions.
Any information that may have been furnished to Contractor by City about underground conditions
or other job conditions is for Contractor’s convenience only, and City does not warrant that the condi-
tions are as thus indicated. Contractor is satisfied with all job conditions, including underground con-
ditions 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 Ill 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 na-
ture, 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 proce-
dures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions materially dif-
fer, 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 sched-
uled 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-I 525) and has complied
and will comply with these requirements, including, but not limited to, verifying the eligibility for em-
ployment of all agents, employees, subcontractors, and consultants that are included in this Con-
tract.
8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of
Industrial Relations has determined the general prevailing rate of per diem wages in accordance with
California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates
is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to Cali-
fornia Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies
of all applicable prevailing wages on the job site.
f-
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 ex-
5/l 0100 Contract No. FAC 01-01 Page 27 of 62 Pages
,f-
loss or damage caused by the sole or active negligence or willful misconduct of the City. The ex-
penses 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 wn-
tract 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 wn-
tract 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 sepa- rate 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. 91403.
(A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein:
a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occur-
rence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggre-
gate in the amounts specified shall be established for the risks for which the City or its agents, offi-
cers or employees are additional insured.
/r‘ b. Business Automobile Liability Insurance: $1 ,OOO,OOO combined single limit per accident for
bodily injury and property damage. In addition, the auto policy must wver 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
ii required by the Labor Code of the State of California and Employers’ Liability limits of $1 ,OOO,OOO
per incident. Workers’ compensation offered by the State Compensation Insurance Fund is accept-
able 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 In-
surance 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 re- spects: 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 wntrac-
tor. 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.
?3 5/10/00 Contract No. FAC 01-01 Page 28 of 62 Pages
r
b. The Contractor’s insurance coverage shall be primary insurance as respects the City, its offi-
cials, employees and volunteers. Any insurance or self-insurance maintained by the City, its offi-
cials, employees or volunteers shall be in excess of the contractor’s insurance and shall not contrib- ute with it.
C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to the City, its officials, employees or volunteers.
d. Coverage shall state that the contractor’s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liabil-
ity.
(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 cover-
age 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 re-
tention 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 subcon-
tractors 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 in-
surance 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 endorse-
ments for each insurance policy are to be signed by a person authorized by that insurer to bind cov-
erage 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.
II. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in ac-
cordance 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 in-
cluded 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 Gov-
ernment Code) for any claim or cause of action for money or damages prior to filing any lawsuit for
breach of this agreement.
?3 5/10/00 Contract No. FAC 01-01 Page 29 of 62 Pages
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City
- must be asserted as part of the contract process as set forth in this agreement and not in anticipation
of litigation or in conjunction with litigation.
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate ignorance of
the false information or in reckless disregard of the truth or falsity of the information.
(D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorney’s fees.
(E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim
may subject the Contractor to an administrative debarment proceeding wherein the Contractor may
be prevented from further bidding on public contracts for a period of up to five years.
(F) Carisbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference.
(G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by
another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac- tor from participating in future contract bidding.
(H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County,
California.
I have read and understand ail provisions of Section 11 above. (w- p ‘j;
(Initial) 6 (Ini al)
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, Ar-
ticle 2, of the Labor Code. If the Contractor does not maintain the records at Contractor’s princi-
pal place of business as specified above, Contractor shall so inform the City by certified letter ac-
companying 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 es- tablished 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.
F--
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.
b @B 5/l o/00 Contract No. FAC 01-01 Page 30 of 62 Pages
16. Additional Provisions. Any additional provisions of this agreement are s orth in the “Gen- eral Provisions” or “Supplemental Provisions” attached hereto and made a part he of.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
AlTACHED
(CORPORATE SEAL)
CONTRACTOR:
NELSON ROOFING INCORPORATED
(name of Contractor)
By: &cl
(sign bed
ROBERT REDFEARN PRESIDENT
(print name and titje)
By: ict/'&\,~ O./H
(sign here)
Al-TEST: 9
0%4w-Q&&
LO@& INE M. WOOD, City @rk
Janice Breitenfeld, Deputy City Clerk
WARREN NELSON SEC./TREAS.
(print name and title)
r 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 sec-
retary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
i
p3 5/10/00 Contract No. FAC 01-01 Page 31 of 62 Pages
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of SAN DIEGO
On Thi[&‘L’ beforeme, MARIA dHAMBERS 9notary public)
Name and T-US Of Oftker (e.g., ‘Jane Doe, No&u)’ Publk’)
personally appeared WARREN NELSON , ,Name(s) df Signer(s)
Q personally known to me ’ ,’ !,,
Cl proved to me on the basis of satisfactory evidence ‘. ‘.:, I
MARIA CHAMBER!3
Commission # lI16&lO
Notary Public - Califotnb
to be the person(s) whose name(s) is/are~subscrib& to.,the
within instrument and acknowledged to me that he/she/they
executed’the same i&s/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument.the
person(s), or the entity upon behalf of which the’person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this tOrm to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
.*
‘I ,. ’ :o
” t Number of Pages:
” I’ ;, :, I
Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:
0 Individual
Cl Corporate Officer
Title(s):
Cl Partner - Cl Limited 0 General
0 Attorney-in-Fact
Cl Trustee
0 Guardian or Conservator
lJ”Other:
Signer Is Representing:
Id
q Individual
Cl Corporate Officer
Title(s):
Cl Partner - q Limited 0 General
cl Attornev-in-Fact
0 Trustee
Cl Guardian or Conservator
0 Other:
I 3’
Signer ,ls Representing:
, 1 ’ ,,I; ‘, ‘, ‘,
.”
0 1996 NatIonal Notary Association * 8236 Remmet Ave.. P.O. 60x 7184 * Cancga Park, CA 91309-7184 Prod. No. 5907 Reord?l @II Toll-Free l-800-876-6827
I
State of CALIFORNIA
County of SAN DIEGO I I ,.
On q!%?,y/$?@?? before me, L MkRIA CHAMBERS / Dale (NOTAILY PUBLIC)
Name and Title of Officer (e.g.. “Jane Doe. Notary Public”) ‘.
personally appeared R.D. REDFEARN 1
Name(s) of Signer(s)
ix1 personally known to me
0 proved to me .on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS mv,hand and official seat.
/ ’ -
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:
0 Individual
0 Corporate Officer
Title(s):
q Partner - 0 Limited •i General
q Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other: .-
Signer Is Representing:
1 I
Cl Individual
•i Corporate Officer
Title(s):
•i Partner - Cl Limited q General
0 Attorney-in-Fact
0 Trustee 0 Guardian or Conservator
0 Other:
Signer Is Representing:
I ,I I I I I
0 1996 National Notaly Association l 9236 Remmet Ave., P.O. Box 7184. Canoga Park, CAQlSOQ-7194 Prod. No. 5907 Reorder: Call Toll-Free
. 5
LABOR AND MATERIALS BOND
Bond No. KF1852 F WHEREAS, the City Council of the City of Carisbad, State of California, by Resolution No. 2606-292 , adopted SEPTEMBER 26, 2000 , has awarded to
Nelson Roofing, Inc.
(hereinafter designated as the “Principal”), a Contract for: Furnishing land Installing New Roof at
Stagecoach & Cadavera Community Centers - Contract No. FAC bl=Ol
-. in the City of Carlsbad, in strict conformity with the drawings and spslcifrcations, and other Contract
Documents now on file In the Office of the Ctty Clerk of the City of C&&bad and all of which are in-
corporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof re-
quire the furnishing of a bond. providing that if Principal or any of their subcontractors shall fail to pay
for any materials, provisions, provender or other supplies or teams u&d in, upon or about the per-
formance of the work agreed to be done, or for any work or labor done thereon of any kind, the
Surety on this bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, WE, Nelson Roofing, Inc. 1
as Principal, (hereinafter designated as the “Contractor”), and Unit@ States Fidelity and Guaranty
company as Surety, are held firmly bound unto the City of Carlsbad in the sum of One Hundred FortY Five
Thousand Three Hundred sixty and No/100 - - - - - - - Dollars
rC ($145,360.00 - - - ) said sum being an amount equal to:
One hundred percent (100$‘0) of the total estimated amount payable under said contract by the Cii of Carlsbad under the terms of the contract when the total amount payable does not exceed five mil-
lion dollars ($S,OOO,OOO) or,
Fifty percent (50%) of th8 total estimated amount payable under said contract by the City of Carfsbad
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 ($10,000,000) or,
Twenty-five percent (25%) of the total estimated amount payable under said contract by the City of
Carlsbad under the terms of the contract if th8 contract exceeds ten million dollars ($lO,OOO,OOO)
and for which payment well and truly to be mad8 we bind ourselves, our heirs, executors and admin-
istrators, successors, or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the person or his/her subcontractors fail to
pay for any materials, provisions, provender, supplies, or teams used in, upon, for, or about the per-
formance 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 respect to ,such work or labor, or for any
amounts required to be deducted, withheld, and paid over to the Emplbyment Development Depart-
ment from the wages of employees of the contractor and subcontractdrs pursuant to section 13020
of the Unemployment Insurance Code with respect to such work and labor that the Surety wilf pay for
the same, not to exceed the sum specified in the bond, and, also, in case suit is brought upon the
bond, costs and reasonable expenses and-fees, including reasonable Momey’s fees, to be fixed by the court, as required by the provisions of section 3248 of the California Civil Code.
This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file
claims under Title 15 of Part 4 of Division 3 of the Civil Code (commencing with section 3082).
/-
5/l o/00 Contract No. EAC 01-01 Page 32 of 62 Pages
Surety stipulates and agrees that no change, extension of time, aIter&ion or addition to the terms of
the Contract, or to the work to be performed thereunder or the s&cifications accompanying the
same shall affect its obligationS on this bond, and it does hereby wai\(e notfce of any change, exten- sion of time, alterations or addition to the terms of the contract or to th& work or to the specifications.
in the event that Contractor is an individual, it Is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond.
.-
. .
Executed by CONTdACTOR this 28th
day of SEPTEMBER ,20 00.
CONTRACTOR:
Nelson Roofing, Inc.
(name of Contractor)
By: no*
(sigHhere)
ROBERT REDFEARN (print name here)
PRESIDENT
(title and organization of Fignatory)
By: / ,&L1Q J&&&q I - - (sigri Here)
EN l$EJnSON (print name here)
Executed by Sl&TY this 28th day
Of September; ,200o -
SURETY: United States Fidelity and Guaranty Company
(hame of Surety) 500 South Kraemer Blvd., Suite 200 Brea, Califorpia 92821
(address of Surety)
(714) 993-4430
(telephdne number of Surety) .
By:
(signatuie of Attorney-in-fact)
Nanette Mdriella-Mvers
(printed ndme of Attorney-in-Fact)
(attach corporatd resolution showing current power of attorney)
SF.C _ /TRFIAS _ (title a;d drganization of signatory)
(Proper notarial acknowledgment of execution by CONTRACTOR and $URETY 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 tll e secretary or assistant sec-
retary under corporate seal empowering that officer to bind the corporafion.)
APPROVED AS TO FORM:
RONALD R.QALL
City Attorney
c
By: -l&3-
5/l o/o0 Contract No. FAC 01-01
i
Pa@ 33 of 62 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
,-
State of California
County of Orange
On 9~vbo
DATE
personally appeared
before me, Jane Kepner, Notary Public I
NAME. TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC”
Nanette Mariella-Myers I
NAME(S) OF SIGNER(S)
[xl personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
Comm. #1135534
behalf of which the person(s) acted, executed the instrument.
WlTNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S)
[7 PARTNER(S)
El
LIMITED
GENERAL q ATTORNEY-IN-FACT q TRUSTEE(S)
B GUARDIAN/CONSERVATOR
OTHER:
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
S-40671GEEF 2/96 Q 1993 NATIONAL NOTARY ASSOCIATION * 6236 Remmet Ave., P.O. Box 7164 * Canoga Park, CA 91309-716
.
ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ----- -------- ---- - ---- --- -------- -- --- _.___-- - -
State of CALIFORNIA
County of SAN DIEGO
On / Date/
personally appeared
before me, MARIA CHAMBERS 9notary public),
Name and Title of Off!ar (o.Q., ‘Jane Doe, Notay PublW
WARREN NELSON _.- I ,Name(s) of Signer(s)
Xl personally known to me ’ ‘I: (,,’
Cl proved id me on the basis of satisfactory evidence. ‘. ‘. ‘I,, ,I,
to be the per&n(s) whose name(s) ‘is/are subs&b& to,,the
within instrument and acknowledged to me that ~he/stie/they
executed’the same inhis/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. /$g/&u . . . . . .
Signature of No&$ Public
OPTIONAL
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fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name:
Cl Individual
Cl Corporate Officer
Title(s):
Cl Partner - 0 Limited Cl General
Cl Attorney-in-Fact
’ / ‘. 3 I ., ) :1;
“, Number of Pages: ” “I ‘,
‘I ‘, I’ ’ ‘: /’ ‘. I I ,.I ,I ‘8 _
,’ ,., ‘, .: 0 ,:,
Signer’s Name: ’
Cl Individual
0 Corporate Officer
Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
Cl Trustee-
Cl Guardian or Conservator
q “Other:
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: Sigher ,ls Representing:
I *
“.
‘,I, ,,
0 lQG6 National Nolary Association l 8236 Remmet Ave., P.0. Box 7184 s Canoga Park, CA g1309-71&l Prod. NO. 5007 Reordyi C$ ToC,Frw l-800-876-6
(>‘, , ; il !I
State of CALIFORNIA
. County of SAN DIEGO . .
On before me, MARIA CHAMBERS (NOTARY PTJSLIC) Name and Title of O!fJcm (e.g., “Jane Doe, Notary Public’)
personally appeared R.D. REDFEARN I Name(s) of Signer(s)
15J personally known to me
q proved to me on the basis of satisfactory evidence
whose namew is@% subscribed to the
within instrumen acknowledged to me that he/sae/theq
executed the same in his/heI#%ir authorized capacrty@@,
and that by his//%r/tHeir signature& on the instrument the
persona, or the entity upon behalf of which the persow
acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notaly Public
OPTIONAL
Though the information below is nof required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:
Cl Individual
q Corporate Officer
Title(s):
•i Partner - 0 Limited q General
0 Attorney-in-Fact
0 Trustee
Cl Guardian or Conservator 0 Other:
Signer Is Representing: I I
Cl Individual
Cl Corporate Officer
Title(s):
0 Partner - 0 Limited Cl General
IJ Attorney-in-Fact
0 Trustee 0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1996 National Notary Association l 8236 Remmet Ave.. P.O. BOX 7184 - Canoga Park, CA 91309-7184 Prod. NO. 5907 Reorder: Call Toll-Free 1-900-876-6827
* ‘* t’ ! .
-
FAITHFUL PERFORMANCElMIARRANTY 80ND
F- Bond No. ml852
WHEREAS, the City Council of the City of Carisbad, State of California, by Resolution
No. 2000-292 , adopted SEPTEMBER 26, 2000 : , has awarded to
Nelson Roofinq, Inc. I f (hereinafter
designated as the “Principal”), a Contract for: Fumlshing and Inatalllhg New Roof at Stagecoach & Calavera Communlty Centers - Contract No. FAG 0191
.- in the City of Carlsbad, in strict conformity with the contract, the drdwings and spacifrcations. and other Contract Documents now on file In the Offlce of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference.
CV’ WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof re-
quit-s the furnishing of a bond for the faithful performance and warran@ of said Contract;
- NOW. THEREFORE, WE, Nelson Roofing, Inc. , as Principal,
(hereinafter designated as the “Contractor” >, and hny
_-. , as Surety, are held and firmly bound unto the City of Cartsbad,
in the sum of One Hundred Forty Five ?)%%?&?%?~%e! ~i~~%~ sum being equal to
one hundred percent (100%) of the estimated amount of the Contract, ito be paid to City or its certain
attorney, its successors and assigns; for which payment, well and ttily to’be made:we bind our- selves, our heirs, executors and administrators, succassors or assigns, jointly and severally, firmly
-. by these presents.
.-
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above b@unden Contractor, their heirs, executors. administrators, successars or assigns, shall in alt things s nd to and abide by, and well
$ and truly keep and perform the covenants, conditions, and agreemen in the Contract and any al- teration thereof made as therein provided on their part, to ba kept and performed at the time and in the manner therein specified, and in all respects according to their trueiintent and meaning, and shall
indemnify and save harmless the City of Cartsbad, Its officers, emplbyeas and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. -.
..-
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including rbasonable attorney’s fees, in- curred by the City in successfully enforcing such obligation, all to be @xed as costs and included in any judgment rendered.
.- Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract. or to the work to be performed thereunder or the specifications accompanying the
same shall affect its obligations on this bond. and it does hereby waive1 notice of any change, exten- sion of time, alterations or addition to the terms of the wntract or to the work or to the specifications.
5/l o/o0 Contrecr No. FAC 01-01 Pa& 34 of 62 Pages
In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from Its obligations under this bond.
Executed by CONTRACTOR this 2 8 th
day of September ,200o .
CONTRACTOR:
Nelson Roofing, Inc.
(name of Contractor)
By: v 0
(sigr/here)
ROBERT REDFEARN (7141 9934430 I (print name here) (telephone nbmber of Surety)
PRESIDENT
(Title and Organization of Signatory)
(sign here) .-
.
(Title and Organization of signatory)
Executed by SUR$W this 28th day of
September ,200o .
SURETY: uhited States Fidelity and Guaranty
company
(name4 of Surety)
500 South Kraemer Blvd., Suite 200 Brea, California 92821
(addresk of Surety)
By: (signature of kttomey-in-fact) I
Nanette Matiiella-Myers
(prii\ted name df Attorney-in-Fact)
(Attach corporate resolution showing current
poker of attorney.) j
(Proper notarlal acknowledgment of execution by CONTRACTOR and $lJRETY must be attached.)
(President or vice-president and secretary or assistant secretary mu&sign for corporations. If only
one officer signs, the corporation must at&h a resolution certified by the secretary or assistant sec- retary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM: RONALD R. BALk
Contract No. FAC 07 -01 PaQe 35 of 62 Pages
. r
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 59b7
State of California
County of Orange
On s/a before me, Jane Kepner, Notary Public
DATE NAME, TITLE OF OFFICER - E.G., “JANE DOE, NOTARY PUBLIC”
personally appeared Nanette Mariella-Myers I
NAME(S) OF SIGNER(S) q personally known to me - OR - q proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
cl INDIVIDUAL
0 CORPORATE OFFICER
TITLE(S)
TITLE OR TYPE OF DOCUMENT
[7 PARTNER(S)
El
LIMITED
GENERAL
0 ATTORNEY-IN-FACT q TRUSTEE(S)
B EU$;;IAN/CONSERVATOR NUMBER OF PAGES
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067lGEEF 2J96 Q 1993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 * Canoga Park, CA 91309-716
State of CALIFORNIA
County of SAN DIE'ul> 'I
On before me, MARIA CHAMBERS (NOTARY PUBLIC)
Name and Title of Officer (e.g., “Jane Doe, Notary Public”) ‘.
personally appeared R.D. REDFEARN I
Name(s) of Signer(s)
IXI personally known to me
Cl proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer’s Name: Signer’s Name:
q Individual
q Corporate Officer
Title(s):
Cl Partner - 0 Limited 0 General
Cl Attorney-in-Fact
q Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
Cl Individual
Cl Corporate Officer
Title(s):
0 Partner - Cl Limited 0 General
Cl Attorney-in-Fact
0 Trustee-
0 Guardian or Conservator
q Other:
Signer Is Representing:
I I I I I I
0 1996 National Notary Awxiatii l 8236 Remmet Ave., P.O. Box 71.94 l Canoga Park, CA gl?,gg-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
State of CALIFORNIA
County of SAN DIEGO
On (??b[f!? beforeme, MARIA dHAMBERS 9notary public)
Name and Title of Wcer (e.g., ‘Jane DC+, Notary Publltf)
personally appeared
Notuy 1
WARREN NELSON -, I ,Name(s) of Signer(s)
Xl personally known to me ,’ I.,’
•i proved to me on the’basis of satisfactory evidence. ‘,., ,,
1 to be the personr whose name&,~af$subscribed #the
1 within instrument and acknowledged to me that .hemt’h@
executed’ the same I capacity(+5),
the instrument. the
which the’person F
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
I ’ ‘, ‘, “, Number of Pages:
‘. ,a ’ .:.. ,’ ‘I I ,,‘I . Capacity(ies) Claimed by Signer(s)
Signer’s Name:
Cl Individual
Cl Corporate Officer
Title(s):
Cl Partner - 0 Limited Cl General
Cl Attorney-in-Fact
” .“.,,. I,
.,,
Signer’s Name:
Cl Individual
0 Corporate Officer
Title(s):
0 Partner - q Limited 0 General
0 Attorney-in-Fact
Cl Trustee
Cl Guardian or Conservator
q l”Other: -.-._I--
Cl Trustee
Cl Guardian or Conservator
Cl Other:
Signer Is Representing:
I
Signer ,ls Representing:
., ‘, ‘,
/,
Q 1996 Nallonal Notary Association - 8236 Remmet Ave.. P.O. Box 7194 * Canoga Park, CA 91309-7184 Prod. No. 5907 Reords$ Cd Toll-Free l-800-876-6827
I, I’
POWER OF ATTORNEY i
Seaboard Surety Company United States Fidelity and Guaranty Company
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Power of Attorney No. 20300 Certificate No. 163711
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and tha
St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized unde
the laws of the State of Minnesota, qd that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, ant
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively culled the “Companies”), and that the Companies dc
hereby make, constitute and appoint
James A. Schaller, Stanley C. Lynn, Honda C. Abel, Jane Kepner and Nanette Mariella-Myers
of the City of Costa Mesa , State California , their true and lawful Attorney(s)-in-Fact
each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertaking y actions or proceedings allowed by law.
IN WITNESS WHEREOF, the Companies have caused this instrume ,-
y and Guaranty Company
St. Paul Fii and ty Insurance Company
St. Paul Guardia ty Insurance Underwriters, Inc.
JOHN F. PHINNEY, Vice P&den
State of Maryland
City of Baltimore
w Pa WWN
MICHAEL R. MCKIBBEN, Assistant Secretary
On this 1st day of December , 1999 , before me, the undersigned officer, personally appeared John F. Pbinney am
Michael R. McKibben, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire am
Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity am
Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals o
said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of tbt
corporations by themselves as duly authorized officers.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 13th day of July, 2002.
86203 Rev. 11-99 Printed in U.S.A.
REBECCA EASLEY-ONOKALA, Notary Publi
/-- 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 ad-
dress 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 10263 of the Public Contract Code of the State of California,
the contractor has the option to deposit securities with the Escrow Agent as a substitute for retention
earnings required to be withheld by the City pursuant to the Construction Contract entered into be-
tween the City and Contractor for: Furnishing and Installing New Roof at Stagecoach & Calav- era Community Centers - Contract No. FAC 01-01 in the amount of
dated (hereinafter referred to as the “Con-
tract”). Alternatively, on written request of the contractor, the City shall make payments of the reten-
tion earnings directly to the escrow agent. When the Contractor deposits the securities as a substi-
tute 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
1 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 pay- ment 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 inter-
/- est earned on that interest shall be for the sole account of Contractor and shall be subject to with- drawal by Contractor at any time and from time to time without notice to the City.
5/10/00 Contract No. FAC 01-01 Page 36 of 62 Pages
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor.
Upon seven days’ written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Con-
tract, 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 disburse- ment 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
Address
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.
Contract No. FAC 01-01 Page 37 of 62 Pages
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City:
For Contractor:
For Escrow Agent:
Title
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
h @B 5/10/00 Contract No. FAC 01-01 Page 38 of 62 Pages
SUPPLEMENTAL PROVISIONS
FOR
Furnishing and installing New Roof at
Stagecoach & Calavera Community Centers
Contract No. FAC 01-01
SUPPLEMENTAL PROVISIONS TO
STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1, GENERAL PROVISIONS
SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS
I-1 TERMS
Add the following section:
l-l .I 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 ac-
companying these provisions, unless stated otherwise.
Add the following section: l-l .2 Directions. Where words “directed”, “designated”, *I selected”, or words of similar import are
used, it shall be understood that the direction, designation or selection of the Engineer is intended,
unless stated otherwise. The word “required” and words of similar import shall be understood to
mean “as required to properly complete the work as required and as approved by the Engineer,” un-
less 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 Engineer”, unless otherwise stated. Where the words “approved”, “approval”,
“acceptance”, or words of similar import are used, it shall be understood that the approval, accep-
tance, or similar import of the Engineer is intended.
Add the following section:
l-l.4 Perform. The word “perform” shall be understood to mean that the Contractor, at its ex-
pense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its
expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation.
1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively
defined by the definitions assigned to them herein.
/- Agency - the City of Carlsbad, California.
q tc 5/10/00 Contract No. FAC 01-01 Page 39 of 62 Pages
City Council -the City Council of the City of Carlsbad.
/--
City Manager - the City Manager of the City of Carlsbad or his/her approved representative.
Dispute Board - persons designated by the City Manager to hear and advise the City Manager on
claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute
resolution.
Engineer - the Public Works Director of the City of Carlsbad or his/her approved representative.
The Engineer is the third level of appeal for informal dispute resolution.
Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Con-
tract Price bid.
Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, di-
rected, 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 Fed-
eral 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.
.r”
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 Engineer’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.
I-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
E ............................................. Electric ............................................. Gas gal.. ......................................... Gallon and Gallons
Contract No. FAC 01-01 Page 40 of 62 Pages
*--
Gar ....................................... ..Garag e 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
23 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 Con-
tractor’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 per-
formance/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 they are released according to the provisions of this section.
G 5/10/00 Contract No. FAC 01-01 Page 41 of 62 Pages
The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days /- after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The
bonds to secure payment of laborers and materials suppliers shall be released six months plus 30
days after recordation of the Notice of Completion if all claims have been paid.
Add the following: All bonds are to be placed with a surety insurance carrier admitted and author-
ized 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 execu-
tion of the bond. The financial statement shall be made by an officers certificate as defined in Sec-
tion 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 Specifica-
tions for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 AND 1999 supplements
thereto, hereinafter designated “SSPWC”, as written and promulgated by Joint Cooperative Commit-
tee of the Southern California Chapter American Public Works Association and Southern California
/-- Districts Associated General Contractors of California, and as amended by the Supplemental Provi-
sions section of this contract.
2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Re-
submittals shall be labeled with the number of the original submittal followed by an ascending alpha-
betical designation (e.g. The label ‘4-C’ would indicate the third instance that the fourth submittal had
been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each
set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contrac-
tor’s letterhead. The Letter of transmittal shall contain the following:
1) Project title and Agency contract number.
2) Number of complete sets.
3) Contractor’s certification statement.
4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for
the same materials.)
6) Description of the contents of the submittal.
7) Identification of deviations from the contract documents.
When submitted for the Engineer’s review, Shop Drawings shall bear the Contractor’s certification
that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in
conformance with the requirements of the Contract Documents. The Contractor shall subscribe to
and shall place the following certification on all submittals:
;-
“I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to
be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval.”
GC 5/10/00 @B Contract No. FAC 01-01 Page 42 of 62 Pages
r- By: Title:
Date:
Company Name:
Add the following:
2-5.4 Record Drawings, The Contractor shall provide and keep up-to-date a complete “as-built’
record set of blue-line prints, which shall be corrected in red daily and show every change from the
original drawings and specifications and the exact “as-built” locations, sizes and kinds of equipment,
underground piping, valves, and all other work not visible at surface grade. Prints for this purpose
may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be
used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by section 2-5.4 shall be included in the vari-
ous bid items and no additional payment will be made therefor.
2-10 AUTHORITY OF BOARD AND ENGINEER.
Add the following section:
2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies
of all records in the Contractor’s or subcontractor’s possession pertaining to the work that the Engi-
neer may request.
.-
Add the following section:
2-10.2 Audit And Inspection, Contractor agrees to maintain and/or make available, to the Engi-
neer, within San Diego County, accurate books and accounting records relative to all its activities
and to contractually require all subcontractors to this Contract to do the same. The Engineer shall
have the right to monitor, assess, and evaluate Contractor’s and its subcontractors performance pur-
suant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and interviews of Contractor’s
staff and the staff of all subcontractors to this contract. At any time during normal business hours
and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor
shall make available to the Engineer for examination, all of its, and all subcontractors to this contract,
records with respect to all matters covered by this Contract and will permit the Engineer to audit, ex-
amine, 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 unreasona-
bly 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 Unlt prices, add the following: In the case of an increase or decrease in quan-
tity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract
unit price for such items will be limited to that portion of the change in excess of 25 percent of the
.- original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work.
?3 5/10/00 Contract No. FAC 01-01 Page 43 of 62 Pages
3-3 EXTRA WORK.
,f- 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of
ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs
shall be the edition of the, “Labor Surcharge and Equipment Rental Rates” published by CALTRANS,
current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein
shall be used as multipliers of the rental rates for determining the value of costs for delay to the Con-
tractor 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 com-
pensation for bonding.
W Work by Subcontractor. When all or any part of the extra work is performed by a Subcon-
tractor, 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 ex-
tra 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.
f- 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for
extra work will not be made until such time that the Contractor submits completed daily reports and
all supporting documents to the Engineer.
3-4 CHANGED CONDITIONS.
Delete the second sentence of paragraph three, delete paragraph five (5), and add the following:
The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happen-
ing of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the
Engineer due written notice of potential claim as hereinafter specified. Compliance with this section
shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Account-
ing, nor to any claim that is based on differences in measurement or errors of computation as to wn-
tract quantities. The written notice of potential claim for changed conditions shall be submitted by the
Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the
work giving rise to the potential claim. The Contractor’s failure to give written notice of potential
claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a description of the particu- lar circumstances giving rise to the potential claim, the reasons for which the Contractor believes ad-
ditional 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. F-
The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-l 2655.
q b 5/10/00 Contract No. FAC 01-01 Page 44 of 62 Pages
.- “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 Engineer within 20 working days after the af-
fected work is completed. Failure to do so shall be sufficient cause for denial of any claim subse-
quently filed on the basis of said notice of potential claim.
It is the intention of this section that differences between the parties arising under and by virtue of the
contract be brought to the attention of the Engineer at the earliest possible time in order that such
matters be settled, if possible, or other appropriate action promptly taken.
3-5 DISPUTED WORK.
Add the following: The Contractor shall give the agency written notice of potential claim prior to
commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in
connection therewith.
r 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 at-
tempt 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 dis-
puted work stating its position on the claim, the contractual basis for the claim, along with all docu-
mentation 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 Con-
tractor’s presentation of its report. The Contractor may appeal each level’s position up to the City
Manager after which the Contractor may proceed under the provisions of the Public Contract Code.
The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions
in the contract.
F-- 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:
tc q 5/l o/o0 Contract No. FAC 01-01 Page 45 of 62 Pages
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 Re-
gents 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 con-
tract 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.
-
r-
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writ-
ing 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 de-
fenses 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 docu-
mentation, 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 re- spond within the time prescribed, respectively, and demand an informal conference to meet and wn-
fer 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 pur-
poses of those provisions, the running of the period of time within which a claim must be filed shall
ti @B 5/l o/o0 Contract No. FAC 01-01 Page 46 of 62 Pages
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 con-
strued to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing
with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of
the Government Code.
20104.4. The following procedures are established for all civil actions filed to resolve claims subject
to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to 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 disinter-
ested 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 ex-
tended 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 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 1141 .I 1 of that code. The Civil Discovery Act of 1986 (Article 3 (commenc- ing 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 arbitra- tion.
(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 par-
ties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to ex-
ceed 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.
SECTION 4 - CONTROL OF MATERIALS
4-l MATERIALS AND WORKMANSHIP.
4-1.3.1 General, add the following: The Contractor shall provide the Engineer free and safe ac- cess 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, In-
dustrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Or-
ders and such other safety regulations as may apply. Contractor shall furnish Engineer with such
information as may be necessary to keep the Engineer fully informed regarding progress and man-
@B Ew 5/10/00 Contract No. FAC 01-01 Page 47 of 62 Pages
rc- ner 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 Supplemen-
tal Provisions. The cost of all other tests shall be borne by the Contractor.
At the option of the Engineer, the source of supply of each of the materials shall be approved by the
Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is
found that sources of supply that have been approved do not furnish a uniform product, or if the
product from any source proves unacceptable at any time, the Contractor shall furnish approved ma-
terial from other approved sources. If any product proves unacceptable after improper storage, han-
dling or for any other reason it shall be rejected, not incorporated into the work and shall be removed
from the project site all at the Contractor’s expense.
Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the re-
quirements of the specifications shall be borne by the Agency. Said tests may be made at any place
along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor.
I’ 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfac-
tory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is de-
termined to be unsatisfactory in performance, appearance, durability, compatibility with associated
items, availability of repair parts and suitability of application the Contractor shall remove the substi-
tuted item and replace it with the originally specified item at no cost to the Agency.
Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE.
The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the
quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, re-
move and dispose excess of all materials used to accomplish the Work. Materials shall be deliv-
ered to the site of the work only during working hours, as defined in section 6-7.2, and shall be ac-
companied by bills of lading that shall clearly state for each delivery: the name of the Contractor as
consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to
or by the Contractor to any location within the Agency’s boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored
and shall provide for the removal of the materials and restoration of the storage site within the time
allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the
materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractors responsibility. Conformance to the requirements of this section, both within and outside the limits of
work are a part of the Work. The Engineer shall have the right to verify the suitability of materials
and their proper storage at any time during the Work.
Ec 3 5/l o/o0 Contract No. FAC 01-01 Page 48 of 62 Pages
SECTION 5 -- UTILITIES
5-I LOCATION.
Delete the first paragraph and substitute the following: The Agency and affected utility companies
have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities
which exist within the limits of the work. However, the accuracy and/or completeness of the nature,
size and/or location of utilities indicated on the Plans is not guaranteed.
5-4 RELOCATION.
.-
Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with
utility agencies and companies. Prior to the installation of any and all utility structures within the lim-
its of work by any utility agency or company, or its contractor, the Contractor shall place all curb or
curb and gutter that is a part of the work and adjacent to the location where such utility structures are
shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate
utilities that interfere with the construction, the Contractor, upon the Engineer’s approval, may be
permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is
’ approved by the Engineer the Contractor shall place survey or other physical control markers sufft-
cient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such
temporary omission shall be for the Contractor’s convenience and no additional compensation will be allowed therefor or for additional work, materials or delay associated with the temporary omission.
The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer.
SECTION 6 -- PROSECUTION, PROGRESS AND
ACCEPTANCE OF THE WORK
6-1 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
Add the following section: 6-l .I Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will
set the time and location for the Preconstruction Meeting. Attendance of the Contractor’s manage-
ment 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 re-
sponsible project personnel attend the Preconstruction Meeting will be grounds for default by Con- tractor 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-l .I .I Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Base- /^ line Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9
and shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media.
5/l o/o0 Contract No. FAC 01-01 Page 49 of 62 Pages
Add the following section:
64.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall
prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the prece-
dence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a
workable plan showing the sequence, duration, and interdependence of all activities required to rep-
resent the complete performance of all project work as well as periods where work is precluded. The
Baseline Construction Schedule shall begin with the projected date of issuance of the notice to pro-
ceed and conclude with the date of final completion per the contract duration. The Baseline Con-
struction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage.
Add the following section:
6-l .2.1 Time-Scaled Network Diagram. As a part of the Baseline Construction Schedule the
Contractor shall prepare and submit to the Engineer a complete time-scaled network diagram show-
ing all of the activities, logic relationships, and milestones comprising the schedule.
Add the following section:
6-l .2.2 Tabular Listing. As a part of the Baseline Construction Schedule the Contractor shall
prepare and submit to the Engineer a tabular listing of all of the activities, showing for each activity
the identification number, the description, the duration, the early start, the early finish, the late start,
the late finish, the total float, and all predecessor and successor activities for the activity described.
Add the following section:
6-1.2.3 Bar Chart. As a part of the Baseline Construction Schedule the Contractor shall prepare
and submit to the Engineer a chart showing individual tasks and their durations arranged with the
tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture
patterns or distinctive line types to show the critical path.
Add the following section:
6-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 Engineer. The Baseline Construction Schedule shall include between 100 and 500 activities,
including submittals, interfaces between utility companies and other agencies, project milestones
and equipment and material deliveries. The number of activities will be sufficient, in the judgment of
the Engineer, to communicate the Contractor’s plan for project execution, to accurately describe the
project work, and to allow monitoring and evaluation of progress and of time impacts. Each activity’s
description shall accurately define the work planned for the activity and each activity shall have rec-
ognizable beginning and end points.
Add the following section:
6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation
to whatever party or contingency first exhausts it.
Add the following section:
6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency supplied materials, equipment, or services, which may impact any activity’s construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule.
Contract No. FAC 01-01 Page 50 of 62 Pages a
f- Add the following section:
6-1.2.6 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:
6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to
support and maintain the project for the entire contractual time span of the project. Should the Con-
tractor 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 sched-
ule requirements of section 6-1. The Engineer may choose to accept the Contractor’s proposal of a
project duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and pri-
vate, 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.
Add the following section:
6-l .2.10 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer.
The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor
complies with the requirements of these supplemental provisions shall be a condition precedent to
issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction
Schedule does not meet the requirements of these specifications the Contractor shall correct the
Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the
F Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by
the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the
contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will
not be included in the 30 working days.
The Engineer will review and return to the Contractor, with any comments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned
marked as per sections 6-1.2.10.1 through 6-1.2.10.3.
Add the following section:
6-l .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-l .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-I .2.10.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the correc- tions 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 Engineer if the changes of the comments are not submitted as re-
quired hereinbefore and marked “Accepted” or “Accepted with Comments” by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract
under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted as required hereinbefore and marked “Accepted” by the Engineer.
5/l o/o0 Contract No. FAC 01-01 Page 51 of 62 Pages
l
Add the following section: F- 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the En-
gineer during the last week of each month to agree upon each activity’s schedule status and shall submit monthly updates of the Baseline Construction Schedule confirming the agreements no later
than the fifth working day of the following month. The monthly update will be submitted on hard (pa-
per) copy and electronic media conforming to section 6-1.3.3 Electronic Media per the submittal re-
quirements of section 2-5.3 and will include each item and element of sections 6-1.2 through 6-l .2.9
and 6-l .3.1 through 6-l .3.7.
Add the following section:
6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed dur-
ing the month. After first reporting an actual date, the Contractor shall not change that actual date in
later updates without specific notification to the Engineer with the update.
Add the following section:
6-l .3.2 Activity Percent Complete. For each activity undemay at the end of the month, the Con-
tractor shall report the percentage determined by the Engineer 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:
6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as
/c^ agreed upon during the review and acceptance of the Contractor’s change orders.
Add the following section:
6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their du-
rations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart
shall use differing texture patterns or distinctive line types to show the critical path.
Add the following section:
6-1. 4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working
days of submittal. The Updated Construction Schedule will be returned marked as per sections 6-
1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Comments” or
“Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resubmittal the Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor,
with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated
construction schedule will invoke the same consequences as the Engineer returning a monthly up-
dated 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-I .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 Engineer incorporating the cor- rections and changes noted in the Engineer’s comments prior to receipt of payment per section
6-1.8.2.
q % 5/10/00 Contract No. FAC 01-01 Page 52 of 62 Pages
Add the following section:
6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to
the Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be
considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked “Accepted” by the
Engineer before the last day of the month in which the Updated Construction Schedule is due. If the
Contractor fails to submit the corrected Updated Construction Schedule as required herein the Con-
tractor may elect to proceed with the project at its own risk. Should the Contractor elect not to pro-
ceed 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 dura-
tion, the Agency may withhold Liquidated Damages for the number of days late. Should a subse-
quent “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: 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substan-
tially 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 sub-
,--- mitted 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-I. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update
when one hundred percent of the construction work is completed. The Contractor’s Final Schedule
Update must accurately represent the actual dates for all activities. The final schedule update shall
be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and
6-1. 4 Engineer’s Review of Updated Construction Schedule. Acceptance of the final schedule up-
date 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 Construc- tion Schedule for each monthly Construction Schedule, updated as required herein, that the Engi-
neer 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 sched- ule that is not marked “Accepted” by the Engineer on or before the twentieth working day of the
month such monthly updated construction schedule is due per section 6-I .3 Preparation of Sched-
ule Updates and Revisions. The sum of the amounts paid for Construction Schedule during the ini- tial and subsequent payment periods, or extensions to the contract, shall not exceed the stipulated
lump sum price for Construction Schedule.
pa 5/10/00 Contract No. FAC 01-01 Page 53 of 62 Pages
Add the following section: P 6-l .l 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 ma-
terials, and performing all operations necessary to complete the Project Work as shown on the Pro-
ject Plans and as specified in the Specifications. The work includes furnishing and installing new
roof at Stagecoach and Calavera Community Centers.
6-2.3 Project Meetings. The Engineer will establish the time and location of bi-weekly Project
Meetings. Each Project Meeting shall be attended by the Contractor’s Representative. The Project
Representative shall be the individual determined under section 7-6, “The Contractor’s Representa-
tive”, SSPWC. No separate payment for attendance of the Contractor, the Contractor’s Representa-
tive or any other employee or subcontractor or subcontractor’s 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 Engineer within two hours of the beginning of any period that the Contractor has placed any
workers or equipment on standby for any reason that the Contractor has determined to be caused by
the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor
shall provide continuing daily written notice to the Engineer, each working day, throughout the dura- tion 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 45 working days after the starting date specified in the Notice to Pro-
ceed.
6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fri-
days, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if
the Contractor desires to work outside said hours or at any time during weekends and/or holidays.
This written permission must be obtained at least 48 hours prior to such work The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work
conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work.
?3 5/10/00 Contract No. FAC 01-01 Page 54 of 62 Pages
6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following:
The Engineer will not accept the Work or any portion of the Work before all of the Work is com- pleted and all outstanding deficiencies that may exist are corrected by the Contractor and the Engi-
neer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all,
or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer’s judgment,
the Work has been completed and is ready for acceptance the Engineer will so certify to the Board.
Upon such certification by the Engineer the Board may accept the completed Work. Upon the
Board’s acceptance of the Work the Engineer will cause a “Notice of Completion” to be filed in the
office of the San Diego County Recorder. The date of rewrdation shall be the date of completion of
the Work.
Delete the first sentence of the third paragraph and substitute the following two sentences: All
work shall be warranted for one (1) year after recordation of the “Notice of Completion” and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the
Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained
as a warranty bond for the one year warranty period.
6-9 LIQUIDATED DAMAGES.
Modify the last sentence of the first paragraph and the first sentence of the second paragraph and
add the following: For each consecutive calendar day in excess of the time specified for completion
of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld
monies due it, the sum of FIVE HUNDRED Dollars ($500.00)
F- 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 caused by the Contractor to complete the
Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages.
SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR
7-3 LIABILITY INSURANCE.
Modify as follows: All insurance is to be placed with insurers that have a rating in Best’s Key Rating
Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California.
74 WORKERS’ COMPENSATION INSURANCE.
Add the following: All insurance is to be placed with insurers that are admitted and authorized to
conduct business in the state of California and are listed in the official publication of the Department
of Insurance of the State of California. Policies issued by the State Compensation Fund meet the
requirement for workers’ compensation insurance.
7-5 PERMITS.
Delete the first sentence and add the following four sentences: Except as specified herein the
agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource
<- agency and building permits necessary to perform work for this contract on Agency property, 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
c3 5/10/00 Contract No. FAC 01-01 Page 55 of 62 Pages
,- permit(s) shall be included in the price bid for the appropriate bid item and no additional compensa-
tion 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 Engineer, a delay is caused by the utility company. No additional compensa-
tion will be made to the Contractor for any such delay.
7-8 PROJECT SITE MAINTENANCE.
7-8.1 Cleanup and Dust Control. Add the following: Cleanup and dust control required herein
shall 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 con-
trol throughout the duration of the Contract. The Engineer may require increased levels of cleanup
and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and wel- fare of the public. Cleanup and dust control shall be considered incidental to the items of work that
they are associated with and no additional payment will be made therefor.
.-
7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a
construction meter for water used for the construction, plant establishment, maintenance, cleanup,
testing and all other work requiring water related to this contract. The Contractor shall contact the
appropriate water agency for requirements. The Contractor shall pay all costs of temporary light,
power and water including hookup, service, meter and any, and all, other charges, deposits and/or
fees therefor. Said costs shall be considered incidental to the items of work that they are associated
with and no additional payment will be made therefor.
7-8.6 Water Pollution Control. ..Add the following The Contractor shall comply with all require-
ments 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 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY.
740.1 Traffic and Access. add the following: The Contractor shall schedule the work so as to
prevent damage by all traffic, including but not limited to mail delivery. The Contractor shall not
schedule work so as to conflict with trash pickup. The trash hauling schedule can be obtained by calling the City’s contracted waste disposal company, Coast Waste Management at 929-9417.
Seventy two hours prior to the start of any construction in the public right-of-way that affects vehicu-
lar traffic and/or parking or pedestrian routes, the Contractor shall give written notification of the im-
pending disruption. For a full street closure, all residences and/or businesses on the affected street P or alley shall be notified. For partial street closures, or curb, sidewalk and driveway repairs, the resi- dences and/or businesses directly affected by the work shall be notified.
q k 5/10/00 Contract No. FAC 01-01 Page 56 of 62 Pages
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 telephone 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 Engineer for ap-
proval. Notices shall not be distributed until approved by the Engineer.
For residences, the notification shall be precut in a manner that enables it to be affixed to a door-
knob 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 the 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 48 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 exceed the time necessary to complete the work at that location. Failure of the con-
tractor to meet the posted date requires re-posting the no parking signs 48 hours in advance of the
rescheduled work. If the work is delayed or rescheduled the no parking signs shall be removed and
re-posted 48 hours in advance of the rescheduled work.
The preparation, materials, printing and distribution of the notifications shall be included in the con-
tract price bid for traffic control and the Contractor will not be entitled to any additional compensation
- for printing and distributing these notices.
7-10.3 Street Closures, Detours, Barricades. Add the following: Traffic controls shall be in ac-
cordance 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 condi-
tion or replace said component and shall restore the component to its original location. In the event
that the Contractor fails to install and/or maintain barricades or such other traffic signs, markings,
delineation or devices as may be required herein, the Engineer may, at his/her sole option, install the
traffic signs, markings, delineation or devices and charge the Contractor twenty dollars ($25.00) per
day per traffic sign or device, or the actual cost of providing such traffic control facility, whichever is
the greater.
,F--
Add the following section:
7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and wn-
trol 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 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 210-I .6for materials and section 310-5 et seq. For workmanship. Warn-
ing and advisory signs, lights and devices installed or placed to provide traffic control, direction
and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Sta-
tionary signs that warn of non-existent conditions shall be removed from the traveled way and from
5/l o/o0 Contract No. FAC 01-01 Page 57 of 62 Pages
,- 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 sta- tionary construction area signs shall be performed by hand methods without the use of power
equipment. Warning and advisory signs that are used only during working hours may be portable
signs. Portable signs shall be removed from the traveled way and shielded from the view of the
travelling public during non-working hours. During the hours of darkness, as defined in Division 1,
Section 280, of the California Vehicle Code, portable signs shall be illuminated or, at the option of the
Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic
wnes 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 Contrac-
tor’s vehicles or equipment are parked on the shoulder within 1.8 m (6’) of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in ad-
vance of the parked vehicles or equipment and along the edge of the pavement at not less than 7.6
m (25’) intervals to a point not less than 7.6 m (25’) past the last vehicle or piece of equipment. A
minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work
Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or
telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the En-
gineer.
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 travelled way. The Contractor shall have TCP pre-
pared 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 Engineer’s
review in conformance with the requirements of section 2-5.3, et seq. and obtain the Engineers ap-
proval of the TCP prior to implementing them. The minimum 20 day review period specified in set- . tion 2-5.3.1 for shop drawings and submittals shall pertain to each submittal of TCP, new, modified
or added to, for the Engineers 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 travelled surface differs from the finished pavement elevation vertical curves
must also be shown. Such modifications, supplements and/or new design of TCP shall meet the re- quirements of the Engineer and of the “MANUAL OF TRAFFIC CONTROLS”, 1996 Edition as pub-
lished by the State of California Department of Transportation. Such modification, addition, supple- ment, and/or new design of TCP shall be prepared by a registered professional engineer appropri-
ately registered in the State of California. The Engineer shall be the sole judge of the suitability and quality of any such modifications, supplements, and/or new designs to TCP. The Engineer may ap-
prove any such modifications, supplements, and/or new designs to the TCP when, in the Engineer’s
sole opinion, such modifications, supplements, and/or new designs to the TCP prepared by the reg-
istered professional engineer 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 ap-
proved by the Engineer. The preparation of such modification, addition, supplement, and/or new de- signs 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 wn-
form to the requirements of section 2-5.3 Shop Drawings and Submittals.
Q @s 5/l o/00 Contract No. FAC 01-01 Page 58 of 62 Pages
r Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary
precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons
on, about, or adjacent to the premises where the work is being performed. The Contractor shall
erect and properly maintain at all times, as required by the conditions and progress of the work, all
necessary safeguards for the protection of workers and public, and shall use danger signs warning
against hazards created by such features of construction as protruding nails, hoists, well holes, and
falling materials.
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 materi-
als, such as borrow pits or gravel beds, for use in the proposed construction project which would be
subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pur-
suant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract.
SECTION 9 -- MEASUREMENT and PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK
9-I .4 Units of Measurement, modify as follows: The system of measure for this contract shall be
the U.S. Standard Measures.
9-3 PAYMENT.
9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods
shall not be affected by any payment but shall commence on the date of recordation of the “Notice of Completion”
9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following:
Each month, the Engineer will make an approximate measurement of the work performed to the
closure date as basis for making monthly progress payments. The estimated value will be based on
contract unit prices, completed change order work and as provided for in Section 9-2 of the Stan-
dard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar
days after the closure date. Five (5) working days following the closure date, the Engineer shall
complete the detailed progress pay estimate and submit it to the Contractor for the Contractor’s in-
formation. Should the Contractor assert that additional payment is due, the Contractor shall within
ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the
Engineer with adequate justification supporting the amount of supplemental payment request.
Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after
receipt, determine whether the supplemental payment request is a proper payment request. If the
Engineer determines that the supplemental payment request is not proper, then the request shall be
returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt.
The returned request shall be accompanied by a document setting forth in writing the reasons why
the supplemental payment request was not proper. In conformance with Public Contract Code Sec-
tion 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 un-
disputed supplemental payment request is not made within thirty (30) days after receipt by the En- gineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in sub- division (a) of Section 685.010 of the Code of Civil Procedure.
43 5/10/00 Contract No. FAC 01-01 Page 59 of 62 Pages
i- Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment
Estimate and process a corresponding payment. This estimate will be in writing and shall be for the
total amount owed the Contractor as determined by the Engineer and shall be itemized by the con-
tract bid item and change order item with quantities and payment amounts and shall show all deduc-
tions 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 Pay-
ment Estimate.
The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make writ-
ten statement disputing any bid item or change order item quantity or payment amount. The Con-
tractor shall provide all documentation at the time of submitting the statement supporting its position.
Should the Contractor fail to submit the statement and supporting documentation within the time
specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items.
If the Contractor submits a written statement with documentation in the aforementioned time, the En-
gineer will review the disputed item within 30 calendar days and make any appropriate adjustments
on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will
be subject to resolution as specified in subsection 3-5, Disputed Work.
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the
Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time
such further information and details as may be required by the Engineer to determine the facts or
contentions involved in its claims. Failure to submit such information and details will be sufficient
F cause for denying payment for the disputed items.
g-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in
the written statement required in subsection 9-3.2 all claims of any dollar amount shall be submitted
in a written statement by the Contractor no later than the date of receipt of the final payment esti-
mate. 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 wn-
sidered that was not included in this written statement, nor will any claim be allowed for which written
notice or protest is required under any provision of this contract including sections 3-4 Changed
Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and
Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements.
The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the
basis and amount of said claims. The Engineer will consider and determine the Contractor’s claims
and it will be the responsibility of the Contractor to furnish within a reasonable time such further in-
formation and details as may be required by the Engineer to determine the facts or contentions in-
volved in its claims. Failure to submit such information and details will be sufficient cause for deny-
ing the claims.
Payment for claims shall be processed within 30 calendar days of their resolution for those claims
approved by the Engineer. The Contractor shall proceed with informal dispute resolution under sub-
section 3-5, Disputed Work, for those claims remaining in dispute.
r 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.
@B % 5/10/00 Contract No. FAC 01-01 Page 60 of 62 Pages
r Add the following section:
9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will
be included in the various items of work and no other payment will be made.
.-
@S fc 5/10/00 Contract No. FAC 01-01 Page 61 of 62 Pages
APPENDIX “A”
RESIDENT NOTIFICATION EXAMPLE
r
ROAD WORK
ABC CONTRACTORS
OFFICE # (76U)XXX-XxXx
FIELD # (76O)XWWXWf
Dear resident:
As a part of the City of Carlsbad’s ongoing program to maintain its
streets, your street will be resurfaced with a layer of asphalt con-
crete over the existing roadway surface. This construction will re-
quire the closing of your street to through traffic for one day. Your
street, from XYZ St. to XM Ave. will be closed to through traffic
and resurfaced on:
MON. TUE. WED. THU. FRI.
DATE:
from 7:OOA.M. to 5:00 P.M.
If you don’t plan to leave your home by 7:00 A.M. on the
above date please park your car on an adjacent street in your
neighborhood that will not be resurfaced. Streets scheduled for
resurfacing can be determined by calling either the Contractor or
the City of Carlsbad Engineering Inspection Department. When
walking to and from your car, remember not to walk on the newly
overlaid street or you will have black residue on the bottom of your
shoes. Please do not drive, walk on, walk pets, play, or skate on
the newly overlaid asphalt. Also, please refrain from watering your
lawns, washing cars, etc., approximately 6-8 hours after the as-
phalt is laid as running water will cause damage to the new sur- face.
ABC is the Contractor that will be performing the resurfacing
work for the city and you may call them at
(760)xXx-XXXX if you have any questions regarding the project.
Resurfacing of your street will not occur on the day your trash is collected. Mail delivery may be delayed if the postman cannot
reach the mailbox that day. If you have a moving company
scheduled for that day please call and inform the Contractor of the date. If you have any concerns which cannot be addressed by the
Contractor, you may call the City’s Engineering Inspection De-
partment at 438-l 161 x4323. Thank you for your cooperation as we work to make a better
City of Carlsbad.
Contract No. FAC 01-01 Page 62 of 62 Pages
BID SPECIFICATIONS
for
The City of Carlsbad
Stagecoach Park
Community Center
&
Calavera Community
Center
Index
1. General
2.
1.01 Related Documents
1.02 Scope of Work
1.03 Quality Control
1.05 Prior Approvals
1.06 Delivery, Storage and Handling
1.07 Site Conditions
1.08 Substitutions
1.09 Payment Security
1.10 Unit Prices
1.11 Warranty/Guarantee
Products
2.01 General
2.02 Acceptable Manufacturer
2.03 Roof Decking
2.04 Wood Blocking and Curbs
2.06 Insulation
2.07 Mechanical Fasteners
2.08 Roofing Materials
2.09 Metal Flashings
2.11 System Performance Requirements
3. Execution
3.01 Examination
3.02 General Workmanship
3.03 Preparation
3.06 Roof Deck Repairs
3.08 Base Sheet/ Rosin Sheet
3.10 Crickets
3.11 Roof System Application
3.12 Daily Water stops/Tie-Ins
3.15 Flashings
3.18 Walk Ways
3.21 Adjusting and Cleaning
Specifications
General Conditions
Special Conditions
Pre - Final tnspection Checklist
,f-- PART I - GENERAL
1.01 RELATED DOCUMENTS
/c
A. The attached are components of this section:
:: General Conditions. Supplemental Conditions.
:: Notice to Bidders and Specifications for Roofing Bidding Requirements. Pre-final inspection checklist for Contractor.
1.02 SCOPE OF WORK
A. Furnish and install specified roofing and related components to The City of Carlsbad at the following sites:
Stagecoach Park Community Center 3420 Camino De Las Caches Carlsbad, CA 92009
Approx. 14,000 sq. ft.
Calavefa Community Center 2997 Glasgow Dr. Carlsbad, CA 92008
Approx. 17,500 s9. ft.
B. Work includes:
::
s 5:
Removal and replacement of designated roofing. Removal of Owner designated equipment and equipment supports. Removal of existing flashings. Localized deck reattachment/repair/replacement. Installation of the following: a. Mechanically fastened base sheet and rosin sheet. b. Crickets installed in designated areas.
ti: Hot applied modified bitumen roofing system. Granule surfaced. e. Specified flashings and accessories including new 2 piece reglet mounted counterflashing system on block parapet wall on gymnasium roof%. Exposed block wall above counterflashing on gymnasium roofs to receive High Build Reflective Coating applied at 2 l/r gallons per square.
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.
:* 5:
6.
7. 8.
Be experienced in hot modified bitumen roofing. a. 5 years minimum. Be acceptable by Owner. Be a Manufacturer Certified Contractor. Utilizing material manufacturer’s technical inspectors, Contractor will acquire minimum number of inspection services days as required by material manufacturer and/or Owner. Be Approved by manufacturer. The contractor shall be required to acquire inspection days utilizing manufacturer’s technical inspectors. The minimum number of Technical Service full time inspection days will be three (3) for a project of 200 squares (1858 m*) or less. The number of days will days
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.
:- Be approved by Owner.
5: Has not been in Chapter 11 during the last five (5) years. 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
9.
10.
11.
12.
E:
15.
16.
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. 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 Recognized Testing Laboratory (NRTL) as defined in 29 CFR Ch. XVII (7-l -93 Edition) from the Occupational Safety and Health Administration (OSHA). Provide a Project Closeout Report upon delivery of the project warranty. This report shall include the following sections:
E: Project Specifications. Project Summary.
z: Progress reports as a result of roof inspections. Job progress photos.
F- Warranty document. Owner’s Manual describing maintenance and emergency repair.
cl* Inspection Report to be completed by the roofing material manufacturer 2 years from project completion. 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 recognized agency with sufficient knowledge and experience in the manufacturer’s industry to permit a credible assessment of the manufacturer’s quality system. 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. Provide Owner names of at least 4 qualified applicators. Employ Field Technical Services Representatives available for monitoring project work on a periodic basis. 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.
3
-
17. Provide list of at least 10 projects available for inspection employing ‘same roofing system. Project must be within 50 mile radius of Owner’s building. 18. ?he 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.
C. I;roject meetings: 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. Pre-construction 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. Progress meetings:
2 Will be scheduled by Owner weekly. Attendance:
1)
a
Ro;fFrg material manufacturer/specifier/ contractor.
C. Minimum agenda:
1) Review of work progress. 2) Maintenance of progress schedule. 3) 4. Coordination of projected progress. Final inspection: a. Will be scheduled by roofing material manufacturer upon job completion. b. Attendance:
1) Contractor. 2) 3) Roofing material manufacturer/specifier. Roofing material manufacturer/ technical service representative. 4) Owner.
C. Minimum agenda: 1) Walkover inspection.
2) Identification of problems which may impede issuance of warranty.
.-
D. Fndom sampling: Roofing material: a. During course of work, Owner’s Representative may secure samples
4
f-
/-
according to ASTM D140-93 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:
:: Uniform l+ildi?g Cod! (ICBO). UL Clara;I Fire Rating - UL 790. a.
:: UL Classified Wind Uplift Resistance - UL 1897. FM 4470. a. All Products must be FM Listed and Approved.
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 objections prior to submitting quotations. 4. 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.
1.05 PRIOR APPROVALS
A. Submit 7 days prior to bid due date for consideration of alternate materials: Roofing System Manufacturer’s 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.
f- 3.
4.
5.
6.
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. Test reports: a. Written verification from roofing material manufacturer that roofing system meets or exceeds regulatory agency/s requirements. Red label products: a. Written verification from roofing material manufacturer that cold process coatings are not flammable (red label). Product data:
ii: Product data sheets. Material safety data sheets.
z: Samples of coatings, adhesives,. and roofing ply sheets. Samples of each material specrfred, properly labeled.
? Sample of each fastener type. List of 5 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.
B. 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 otherwise damaged. Place materials on pallets. Store roll goods on level pallets. Do not stack pallets. 2. 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.
:* Rooftop storage: Disperse material to avoid concentrated loading.
5: Do not store materials in open or in contact with ground or roof surface. 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.
6
D. Material handling:
1.
2.
Handle materials to avoid bending, tearing, or other damage during transportation and installation. 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, estimates of material quantities and sizes, and site conditions that will affect work.
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.
:: Access to roof shall be from exterior only. 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 re-connection shall be performed by a mechanical an/or electrical company licensed to perform such work.
C. 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.
D. Safety requirements:
1.
::
4.
5.
All application, material handling, and associated equipment shall conform to and be operated in conformance with OSHA safety requirements. Comply with federal, state, local and Owner fire and safety requirements. Advise Owner whenever work is expected to be hazardous to Owner, employees, and/or operators. Maintain a crewman as a floor area guard whenever roof decking is being repaired or replaced. Maintain fire extinguisher within easy access whenever power tools, roofing kettles, fuels, solvents, torches, and open flames are being used.
7
/s- E. California Proposition 65:
1.
2.
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. Comply with other requirements concerning the safe use and handling of roofing materials, including preventing vapors from entering buildings.
F. Environmental requirements:
::
3.
Do not work in rain, or in presence of water. 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: Divert air intake from work area by attaching scoops or temporary duct work.
i: Temporarily shut down or block air intakes. Provide make-up air or intake air from sources away from work area.
G. 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.
.F- I 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:
:: Written application with explanation of why it should be considered. Accredited testing laboratory certificate comparing substitute’s physical/performance attributes to those specified.
Only substitutes approved in writing by Owner 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.
1.09 PAYMENT SECURITY
A. Progress payments: 1. Contractor shall establish with Owner, Owner’s procedure for payment and retainages prior to commencement of work on this project.
8
2.
3.
Partial or progress payments shall not relieve Contractor of performance obligations under this contract, nor shall such payments be viewed as approval or acceptance of work performed. Final payment shall be withheld until all provisions of the specifications are met.
1.10 UNIT PRICES
A. Tuote unit prices on: Deck replacement - $/sq. ft.
1 .I1 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, Manufacturer acceptance, and once complete payment has been received by both Contractor and Manufacturer, Manufacturer shall deliver to Owner a fifteen (15) year Manufacturer Roofing System Quality Assurance Plus Warranty and Service Agreement. Manufacturer will, during the second and fifth year of this warranty service agreement, provide the following for the Manufacturer Roof System: 1) Inspection by a Manufacturer Technical Service Representative and delivery of a written inspection report documenting roof conditions.
2) 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. 3) General rooftop housekeeping and cleanup, subject to limits, but generally including removal of incidental debris.
9
r- PART II - PRODUCTS
/f-
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., Vernon , CA 90058
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 1-83. 2. Purlins 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. Lumber: 1. Douglass Fir; free from warping and visible decay; pressure-treated with chromated copper arsenate (CCA) to meet AWPB, LP-22, 0.40 retention, and marked.
2.06 INSULATION
A. Cricket adhesive: 1. Premium IV Asphalt by Tremco.
2.07 MECHANICAL FASTENERS
A. Base sheet to wood deck: 1. Nails: Spiral or annular ring shank, twelve (12) gage minimum, with integral
2. 1 inch cap (25.4 mm). Acceptable manufacturers: a. National Nail Corp., Grand Rapids, Ml.
10
r
/-
b. Simplex Nails, Inc., Americus, GA.
B. Wood to wood:
:: Galvanized, common, annular ring nail. Length: Sufficient to penetrate underlay blocking 1 -l/4 inches (32 mm).
C. Wood decking to wood purlins: 1. Type: Galvanized, common, annular ring nail. Length: Sufficient to penetrate underlay blocking l-l 14 inches (32 mm). 2. Acceptable manufacturers:
Z: Independent Nail, Inc., Bridgewater, MA. W. H. Maze Co., Peru, IL.
:: National Nail Co., Grand Rapids, Ml. Hillwood Manufacturing Co., Cleveland, OH.
D. Talvanized sheet steel to wood blocking: FS FF-N-105B(3) Type II, Style 20, roofing nails; galvanized steel wire, flat head, diamond point, round, barbed shank. 2. Length: Sufficient to penetrate wood blocking l-1/4 inches (32 mm) minimum.
E. Termination bar to masonry/concrete:
:: Lead masonry anchors. Length: Sufficient to provide l-1/4 inches (32 mm) embedment minimum.
F. Drawband: 1. Gold Seal stainless steel worm gear clamp by Murray Corporation, Cockeysville, MD. 2. Power-Seal stainless steel worm drive clamps by Breeze Clamp Company, Saltsburg, PA.
2.08 ROOFING MATERIALS
A. Adhesives: 1. Base ply adhesive: Premium IV Asphalt by Tremco 2. hodified bitumen membrane adhesive: a. Premium IV Asphalt by Tremco.
B. Nailed base sheet to deck:
:: BURmastic Composite Ply by Tremco. Sheathing paper: a. ASTM D 549-74 (1982) rosin sheathing paper.
C. Base plies: 1. Two (2) plies Powerply Type VI by Tremco.
D. Modified bitumen roofing sheet: 1. Powerply Standard F.R. by Tremco.
11
E. Related materials:
-- ,
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Asphalt mastic: a. ELS by Tremco. Cant strip: a. ASTM C 208-94, coated fiberboard. Cant strip adhesive: a. Premium IV Asphalt. Flashing bitumen: a. Premium IV Asphalt. Flashing membrane: a. Powerply Standard F. R. Flashing ply: a. Poly THERM Ply Sheet by Tremco. Pitch pan cement: a. ASTM C 928-92a, rapid hardening non shrink grout. Pitch pan mastic: a. ELS by Tremco. Sealants:
,“’ Copin sealant: (1) ?remSEAL GP by Tremco. Drawband sealant: (1) TremSEAL GP. Termination bar sealant: TremSEAL GP by Tremco. &ripping bitumen for metal flanges: Premium IV Asphalt. &ripping ply: Poly THERM Ply Sheet. salkway panels: a. 3 ft. x 4 ft. (914 mm x 1219 mm), granule surfaced, fiberglass reinforced asphaltic pad.
2.09 METAL FLASHINGS
A. Termination bar: 1. ASTM B 221-93 - aluminum bar: a. l/8 x 1 inch (3.2 x 25.4 mm).
B. younterflashing: Galvanrzed Steel: ASTM A 526-85, sheet steel with 1.25 oz./sq. (3.82 g/m2) galvanized coating. a. Gage: Twenty-four (24). b. Solder: ASTM 832-89, alloy grade 60A. Neutralize flux after soldering.
C. Pitch pans with hood: 1. Galvanized Steel: ASTM A 526-85, sheet steel with 1.25 oz./sq. (3.82 g/m2) galvanized coating.
12
:- E: Gage: Twenty-four (24). Solder: ASTM 832-89, alloy grade 60A. Neutralize flux after soldering.
D. Lead Flashings: 1. ASTM B 29-79(1984), 4 lb. (1.82 kg) sheet lead.
E. 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).
,-
r-
13
r
2.11 SYSTEM PERFORMANCE REQUIREMENTS:
A, BURMASTIC COMPOSITE PLY
r B.
Property
Weight
Breaking strength
Pliability, 12.7 mm (Z’) radius bend Mass of desaturated polyester/glass mat, min Surfacing & stabilizer max Asphalt
Resistance to puncture
POLYTHERM Property
Breaking load @25”C (77°F)
Trapezoid tearing strength Bursting strength Air permeability
Weight Thickness Puncture resistance
Typical Value
1.5 kg/m2 (31 lb/l 00 ft2) 600 N MD (135 Ibf/in.) 575 N XD (130 IbWin.) No failures
107 g/m2 (2.2 lb/l 00 f?)
65%
485 g/m2 (10.0 lb/l00 rt2) 5340 N (120 I bf)
Typical Value
11.2 N/mm MD (64 I bf/in) 10.8 N/mm XD (62 Ibf/in) 146 N (33 Ibf MD) 169 N (38 Ibf XMD) 1200 kPa (147 psi) .0835 m3/m2s (123 ft3/ft2.min)
170 g/m2 0.5 mm (0.020 in.) 470 N (99 Ibf)
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
Test Method
ASTM D 4830-88
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
14
C.
D.
*..-
E.
PREMIUM IV ASPHALT Property
Softening point
Penetration @ 77°F (25°C) Flash point,min Ductility @ 77°F (25°C) Equiviscous temperature range @ 125 CP (0.125 Pas)
POWERPLY STANDARD F.R. Property
Thickness Tensile strength @ -18°C (0°F)
Elongation @ -18°C (0°F) Puncture Resistance Tear strength @25”C (77°F)
POWERPLY VI Property
Net dry mass of asphalt impreg- nated glass felt, individual rolls Moisture at point of manufacture Mass of desaturated glass felt Bituminous saturant
gWpW
Breaking strength
Pliability, 12.7 mm (x in.) radius bend
Typical Value
215-225°F
‘1~0;;~~~’
425475°F (218-246°C)
Typical Value
3 mm (0.120 in.) 19 kN/m MD (110 Ibf/in.) 17 kN/m XD ‘11:; lt.$.)
I:84 XD 310 N (70 Ibf) 311 N (70 Ibf) MD 350 N (80 Ibf) XD
Typical Value
585 g/m2 (12 lb/l00 ft2)
0.15%
117 g/m2 (2.4 lb/l 00 fi2) 400 k/m2 $8& lb/l 00 f?)
0
(85 Ibf/in.) MD
(85 Ibf/in.) XD No failures
Test Method
ASTM D 36-95
ASTM D 5-95
ASTM D 92-90 ASTM D 113-86 (1992)
ASTM D 4402-87 (1991)
Test Method
ASTM D 751-89 ASTM D 2523-78 (1989)
ASTM D 2523-78 (1989)
ASTM E 154-88 ASTM D 4073-81
Test Method
ASTM D 146-78a (1986)
ASTM D 146-78a (1986)
ASTM D 146-78a (1986)
ASTM D 146-78a (1986)
ASTM D 146-78a (1986) ASTM D 146-78a (1986)
ASTM D 146-78a (1986)
15
r F. TREMSEAL GP Property
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)
Typical Value
1241 kPa (180 psi) 550% 4.4 N/mm r25Jfn.)
Passes Passes
25*5
Passes (On mortar, granite, and anodized aluminum at f 25% movement)
Test Method
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
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/- PART Ill - 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.
P B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L. F--
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.
Extend roofing membrane to top edge of cant at wall and projection bases.
Cut out fishmouths/side laps which are not completely sealed; patch. Replace all
17
M.
N.
0.
sheets which are not fully and continuously bonded.
Asphalt heating: 1. Use low burner flames during initial melt-downs, circulate asphalt after initial melt-down.
2.
::
Maximum asphalt temperature: 25°F (14°C) below the flash point. 2void prolonged heating of asphalt at high temperatures. Reduce the asphalt temperature to below 500°F (260°C) if asphalt is not being used for periods of 4 hours or more. Kettle: Free of contaminants. Application rates: Bitumen quantities for waterstopjtie-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.
Cold weather/high wind bitumen mopping techniques. 1. When ambient temperatures are below 45°F (7°C) or when wind speeds exceed 15 mph (24 km/h), use the following techniques: a. Use insulated bitumen handling and storage equipment. b. Do not apply the bitumen more than 5 feet (0.30 m) ahead of the roofing roll.
:: Immediately set and broom the roll in the bitumen. Return materials to heated storage if they become stiff or unworkable.
Backnailing on slopes. 1. For roof slopes between 2: 12 (16.6%) and 3: 12 (25%): a. Mechanically attach wood blocking to the deck 20 foot (6 m) O.C. perpendicular to the slope. b. Apply roof membrane parallel to the slope.
C. During application, backnail each roofing ply to the wood blocking staggered 3 inches (75 mm) O.C. on the back edge of the ply (the ;;ctron covered by the overlapping ply).. Fasteners shall be covered by a minimum of two plies. 2. For roof slopes of 3:12 (25%) and greater: a. Mechanically attach wood blocking to the deck 4 foot (1220 mm) O.C. perpendicular to the slope. b. Apply roof membrane parallel to the slope.
C. During application, backnail each roofing ply to the wood blocking staggered 3 inches (75 mm) O.C. on the back edge of the ply (the ;ytion covered by the overlapping ply).. Fasteners shall be covered by a minimum of two plies.
3.03 PREPARATION
A. Protection: 1. 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. 2. Provide at site prior to commencing removal of debris, a dumpster or dump
3. truck to be located adjacent to building where directed by Owner. Roofing, flashings, membrane repairs, and insulation shall be installed and
18
4.
5.
6.
7.
8.
9.
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. 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. 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 work 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.
B. Surface preparation:
2: Remove: Existing roofing, insulation to roof deck. Sweep clean roof deck.
:’ Remove counterflashing.
5: Remove flashings to substrate. Remove as directed by Owner: a. Unused equipment.
3.06 ROOF DECK REPAIRS
1.
2.
Wood roof deck repairs: a. Reattach loose deck panels. b. Reattach 6 inches (150 mm) O.C. at edges; 12 inches (305 mm) O.C. at intermediate supports. Plywood deck replacement: a. Remove deteriorated deck panels. Examine joists for rot. If unsound, contact Owner immediately for future action. b. Attach new decking 6 inches (150 mm) O.C. at edges; 12 inches (305 mm) O.C. at intermediate supports.
C. Provide l/8 inch (3.2 mm) gap between panels at panel edges.
19
f- 3.08 BASE SHEET/ ROSIN SHEET
A. Ensure deck is dry.
B. 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.
C. 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% in roof corner areas. Obtain increased fastening density by adding rows of fasteners or by adding additional fasteners along each row.
3.10 CRICKETS
A. Install premanufactured crickets in areas designated during pre-bid walkthrough.
8. Adhere crickets to substrate with hot applied asphalt adhesive.
3.11 ROOF SYSTEM APPLICATION
A.
B.
C.
D.
E.
F.
G.
H.
Mop two (2) base plies shingle fashion to substrate and all wall, curb, and projection bases in a uniform and continuous mopping of premium asphalt.
Overlap starter strips 20 inches (510 mm) with first ply, then overlap each succeeding ply 19 inches (480 mm). Place ply sheets to ensure water will flow over or parallel to, but never against exposed edges.
Use 18 and 36 inch (460 and 910 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 (860 mm) minimum. Avoid walking on plies until adhesive has set.
Roofing membrane shall never touch roofing membrane, 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 membrane 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,
20
I.
J.
K.
L.
M.
N.
0.
P.
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.
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 between bitumen and modified bitumen membrane, including ends, edges, and laps without wrinkles, fish mouths, or blisters. Broom width: 34 inches (860 mm) minimum. Avoid walking on membrane until adhesive has set.
Embed modified bitumen membrane in a uniform and continuous mopping of premium steep asphalt. The minimum temperature for the premium steep asphalt 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. 2. lnterply mopping rate: 25 Ibs. per 100 sq. ft. (1.2 kg/m2) average, tolerance f 20 percent.
3.12 DAILY WATERSTOPITIE-INS
A.
B.
C.
D.
Remove embedded gravel/debris from top ply of felt along termination. 1. Width: 18 inches (460 mm).
Adhere 12 and 18 inch (305 and 460 mm) wide ply sheets from exposed deck to existing roofing with a continuous l/16 inch (1.6 mm) thickapplication of tie-off mastic. Glaze cut-off with surfacing mastic. Extend 18 inch (460 mm) wide felt 3 inches (80 mm) either side 12 inch (305 mm) felt.
Install “deadman” insulation filler at insulation staggers.
Extend roofing system at least 12 inches (305 mm onto prepared area of adjacent roofing. Seal edge with 6 inches (150 mm) wide reinforcing membrane embedded between alternate courses of tie-off mastic.
21
/-- E. At beginning of next day’s work remove temporary connection by cutting felts evenly along edge of existing roof system. Remove “deadman” insulation fillers.
3.15 FLASHINGS
i-
A. General flashing requirements: 1. MB Flashing: a. Adhere one (1) ply flashing ply to flashing substrate iti 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.
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. Secure top edge of flashing membrane to vertical substratewith termination bar secured 8 inches (200 mm) O.C. maximum.
4. 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.
C. Tt scupper !ocations:
2:
Fabncate and install metal scupper. Install base flashings described in general flashing requirements section,
3. Fabricate and install new counterflashing.
D. At wood curb flashings:
:: Remove mechanical equipment from curb. 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.
22
-
Ic- I
4. Secure top edge of flashing to substrate with termination bar; mechanically fasten 8 inches (20.3 cm) 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. b. Fabricate and install counterflashing. 6. Reinstall mechanical equipment onto curb. Refasten.
E. At plumbing vents:
:: Wedge plumbing vent tight against deck. Apply l/l6 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. 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. 5. Install two (2) ply stripping for metal flanges as described in general flashing requirements section.
F. ? wpings:* Coping Repair a. Remove loose and improperly bonded mortar, mastics, and sealants from all joints. b. Clean joint surfaces of all debris and residue. Install 24 gage galvanized
coping joint covers over all coping joints. Secure joint covers with appropriate fasteners to inside edge of coping metal, and if necessary to outside edge, fastening through the top of the coping will not be permitted.
C. Caulk edges of joint covers with Tremseal G.P. Tool sealant to provide clean and neat finish. d. Prime and paint joint covers to match existing coping metal color scheme.
G. At pitch pans:
1.
2.
i’ 5:
Fabricate pitch pans. 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 inches (50 mm). Set flange in mastic. Pack gap between roof-penetrating element and deck with compressible insulation. Seal with reinforcing membrane embedded between alternate courses of asphalt mastic. Nail flange to substrate 3 inches (75 mm) o.c., staggered. Prime metal flange, projection, and pitch pan interior with asphalt primer. Install two (2) ply stripping described in general flashing requirements section.
23
- c
.-
6.
it
9.
::I
Fill pitch pan to within 1 inch (25 mm) from top with non shrink grout. Allow to set firm. Fill pitch pan with asphalt mastic. Double fill if necessary. Fabricate and install umbrella with drawband over pitch pan. Tighten drawband. Wipe clean top of umbrella and projection with metal cleaner. Prime surface with metal primer. Caulk stack/sheet metal interface. Provide watershed. Tool neatly. As an alternate detail for conduit penetrations, split lead flashings will be acceptable. Lead shall be field soldered, secured with a drawband, caulked, and receive a storm collar per manufacturer’s warranty detail requirements. Stripping plies shall be done per general flashing requirements of specifications.
H. At metal sleeve and storm collar(s):
. 1. Apply l/16 inch (1.6 mm) uniformly thick layer of asphalt mastic to surface receiving metal flange. 2. Fabricate and install sleeve flashing. Height: 8 inches (200 mm). Flange width: 4 inches (100 mm). Flange to extend completely around flashing periphery. Solder all joints. Double solder vertical joints.
:: Nail flange to substrate 3 inches (75 mm) o.c., staggered. Prime flange with asphalt primer.
2: Install two (2) ply stripping described in general flashing requirements section. Fabricate storm collar with bolted connection. Cover sleeve flashing 3 inches (75 mm) minimum. Tighten bolts. 7. Wipe clean top of storm collar and projection with metal cleaner. Prime surface with metal primer. Caulk projection/sheet metal interface. Provide watershed. Tool neatly.
I. At roof drains:
1.
Z' 4:
5.
6. 7.
::
10.
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 lead 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. 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.
24
3.18 WALKWAYS
A. l,nstall walkway panels according to attached plan. Adhere walkway panels to roofing in a spot application of asphalt mastic.
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.
25
/ SPECIFICATIONS
GENERAL CONDITIONS
By executing the contract, the Contractor represents that he has visited the site, familiarized himself with all conditions under which the work is to be performed, and correlated his observations with the requirements of the contract.
The Contractor shall not commence work until he has obtained all insurance required and such insurance has been approved by the City of Carlsbad. The Contractor shall take out and maintain during the life of the contract such public liability, property damage, and compensation insurance as shall protect him, the City and any subcontractor, from claims and damages for personal injury, including accidental death, and property damages which may arise from operations of this contract.
The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the work specified. Permits and licenses necessary for the execution of the work shall be paid for by the Contractor.
The Contractor shall at all times enforce proper conduct among his employees and shall not employ on the project any unfit person or any workman not skilled in the task assigned to him.
.- The material Manufacturer’s Representative shall be present during the critical stages of the work, as required by the specifications, for the purpose of monitoring the installation of materials. The Contractor shall cooperate with the Manufacturer’s Representative, correcting any deficiencies he brings to the Contractor’s attention, and affording him ample opportunity and time to check the work as it progresses. This shall not relieve Contractor of its sole responsibility for proper workmanship.
The Contractor will be held responsible for determining if weather conditions on any given day will permit successful completion of work started on that day. Where removal of existing roof is required, the Contractor will remove no more roof area than can be replaced on the same day, carrying the newwork to a point where a glaze coat has been applied. Building interiors must be kept dry at all times.
The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by his operations. On completion of the work, he shall remove all waste materials and rubbish from and about the project, as well as all tools, equipment and surplus materials.
Upon completion of the work, a final inspection will be conducted by the City of Carlsbad representative and the materials manufacturer representative. After satisfactory correction of any deficiencies found during final inspection, the City of Carlsbad will issue a written acceptance of the work, the date of such acceptance to establish the date of completion.
Any details or practices not covered by these specifications or other contract documents shall be in full compliance with current NRCA Roofing manual, good roofing practice, and with acceptable fire insurance requirements and/or local building codes.
26
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.
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 cover 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.
Gravel stop, coping, or perimeter metal has been properly butted and with cover plates, interlocking laps, and metal fits tightly. The face of the gravel stop metal has been cleaned or painted to match original if specified.
Gutters have been cleaned out and coated with rust prohibitive paint or coating (if specified). Strainers have been installed at all down spout locations. Downpours have been cleaned out and water flows through. Downpours have be secured.
Gravel surface has been neatly dressed.
;Ek;tnmetal comers installed and properly secured where metal flashing has been
27
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 F
DATE
NOTE: FINAL INSPECTION WILL BE SCHEDULED UPON COMPLETION OF FORM!!!
28
CITY OF CARLSBAD
BUSINESS LICENSE
1635 FARADAY AVE
CARLSBAD CA 92008-7314
(760) 602-2495
WORKSHEET FOR BUSINESS LICENSE FEES
BUSINESS LIC. NUMBER a- 12oq IFI
BUSINESS NAME
BUSINESS LOCATION
YEARQG -o\ YEAR
/
FLATE RATE FEE
50% PENALTY +
J TOTAL DUE TOTA@iJE
FLAT RATE FEE
“I .-.
@&l .: : ,:: :,, “‘?‘; ., . .,
/
SUMMARY OF DELINQUENT FEES:
YEAR
YEAR
TOTAL DUE 6O.m
SIGNATURE _ [&
DATE 1
-
J CITY OF CARLSBAD
1635 FARADAY AVENUE CARLSBAD, CALIFORNIA 92008
(760) 602-2401
DATE 9-29-ti I -. w
.I
ACCOUNT NO. DESCRIPTION I AIiOUNT
RECEIPT NO. ~~~~~
@ Printed on recycled paper.
NOT VALID UNLESS VALIDATED BY
CASH REGISTER
TOTAL 1 6s i I- I
KEEP FOR YOUR RECORDS
BUSINESS TAX RECEIPT
Bus. NO. 1209119
DATE PAID
1 l/10/1999
1 TOTAL 0.00
TAXES PAID IN ACCORDANCE (MM GIN BUSINESSTAX ORDlNANCE
CITY OF CARLSBAD
TYPE OF BUSINESS c4pf-t I I I
TvtFL 12. --
PROVIDE THE FOLLOWING WHERE APPLICABLE:
A c77 ;z /so 9.3 3 CA DRIVERS LICENSE
STATE I SALES TAX NUMBER -
~oa.3 i/s c -.39 FEDERAL TAX I.D. NUMBER
STATE CONTRACTOR /C2-/39’p8-- 6 SOCIAL SECURfTY NUMBER -
CLASS LICENSE NUMBER STATE EMPLOYER
IDENTIFICATION NWBER NUMBER
STS LlCQ$JE FLAT FEE lc.1~
QROSS RECEIPTS
TAX RATE (per each $1000)
SUE TOTAL
BASE FEE +
SUBTOTAL
LATE PENALTY (25% lo 50%)
TOTAL:
X
dz AMOUNT 60
ADDITIONAL TRUCKS 8 3/5 EA a
LATE PENALTY (25% \o So%)
TOTAL:
MAKE CHECKS PAYABLE TO: CITY OF CARLSBAD AND R&URN WITH APPLICATION
EXECUTED THIS 1 t+--’ -DAYOF (IOWW~,l@ ct4 . I, K’w Dbnnfi GUS.& (Monlh)
DECLARE UNDER PENALTY OF
(Year) (Print
ERJURY THAT THE FOREGOING IS TRUE AND CORRECT,
lull name)
SIGNATURE TITLE . 4 -5vhKcLt&
d
License #
Date Issued
QFFICE UJ ONI y
SIC Y
Ordinance
Expirallon Date Restrictinn* TOTRL P.02
5446 DOG # 2001-0221302
Recording requested by:
CITY OF CARLSBAD
When recorded mail to:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad CA 92008
CSPR lib 2001 x1:27 fwl
InICIhL tmRDs SAH DIEGU CoulTy IECUtDER’S MICE
cREmzy ikFnlg @Ko= : .
l~l~lul~ll~llliYYlllYlYsUlllllliiYlllillllll 2001-0221302
Space. above for Recorder’s use
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 92008.
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 January 8,
2001.
6. The name of the contractor, if any, for such work of improvement is Nelson Roofing, Inc.
7. The property on which said work of improvement was completed is in the City of Carlsbad,
County of San Diego, State of California, and is described as follows: Furnish and Install a New Roof at Stagecoach and Calavera Community Centers -
Contract No. FACOl-01
8. The street address of said property is:
Calavera Community Center - 1997 Glasgow Drive, Carlsbad, California 92008
Stagecoach Community Center - 3420 Camino de 10s Caches, Carlsbad, California 92008
I, the undersigned say:
VERIFICATION OF CITY CLERK
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad CA 92008; the
City Council of said City on April 3 2001 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 April 4 , 2001 at Carlsbad, California
CITY OF CARLSBAD
ORRAINE M.
City Clerk
f% lb, 137 ‘l-3-w