HomeMy WebLinkAboutRoejack Roofing Inc; 1996-09-30; CS 96-21
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND SPECIAL PROVISIONS
FOR
COMMUNITY DEVELOPMENT BUILDING
1 REROOF
CONTRACT CS96-2
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June IO, 1996
ADDENDUM NO. I
BID/PROJECT NO. CS96-2 - COMMUNllY DEVELOPMENT REROOF
Please include the attached addendum in the Notice to BiddedRequest 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.
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RUTH FLETCHER
Purchasing Officer
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Attachment
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I ACKNOWLEDGE RECEIPT OF ADDENDUM NO.
Mitchell Roe, ?resident
Koej ack Roofing Inc . *
1200 Carlsbad Village Drive Carisbad, CA 92008-1 989 (61 9) 434-2803 FAX (61 9) 434-1 987
**
ADDENDUM NO. 2
BIDIPROJECT NO. COMMUNITY DEVELOPMENT RE-ROOFING
PROJECT NO. CS 96-2
Please include the attached addendum in the Notice to BiddedRequest 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.
**r&
RUTH FLETCHER
Purchasing Officer
RF:jlk
Attachment 0
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
Bidder's Signature
Mitchell Roe, President
Iioejack Roofing Inc.
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1200 Carlsbad Village Drive Carlsbad, CA 92008-1 989 (61 9) 434-2803 FAX (61 9) 434-1 987
TABLE OF CONTENTS item Paae
NOTICE INVITING BIDS 1
CONTRACTOR’SPROPOSAL ............................................. 5
BIDDER’S BOND TO ACCOMPANY PROPOSAL ............................... 11
DESIGNATION OF SUBCONTRACTORS .................................... 15
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY ........................ 17
BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE ................ 18
BIDDER’S CERTIFICATE OF INSURANCE ................................... 19
BIDDER’S STATEMENT OF DEBARMENT ................................... 2C
0 .................................................
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID .................................... 21
CONTRACT - PUBLIC WORKS ........................................... 22
LABOR AND MATERIALS BOND .......................................... 31
PERFORMANCE BOND ................................................. 33
PRESENTATION AND CERTIFICATION ..................................... 35
ESCROW AGREEMENT FOR SURETY
DEPOSITS IN LIEU OF RETENTION ........................................ 3E
RELEASEFORM ...................................................... 35
SPECIAL PROWS IONS
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I . SUPPLEMENTARY GENERAL PROVISIONS TO STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION ...................................... 41
II SPECIAL PROVISIONS TO CONSTRUCTION SPECIFICATIONS 54 . .................
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CITY OF CARLSBAD, CALIFORNIA
NOTICE INVlTlNG BIDS
Sealed bids will be received at the Office of the Purchasing Officer, City Hall, 1200 Carlsba
Village Drive (formerly Elm Avenue), Carlsbad, California, until 4:OO P.M. on the 11 th day c
July , 1996, at which time they will be opened and read, for performing the work as follows:
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COMMUNITY DEVELOPMENT BUILDING REROOF
CONTRACT NO. CS96-2
The work shall be performed in strict conformity with the specifications as approved by the Cit
Council of the City of Carlsbad on file with the Community Services Department. Thc
specifications for the work include the Standard Specifications for Public Works Construction
(SSPWC), 1994 Edition, and the latest supplement, hereinafter designated "SSPWC", as issuec
by the Southern California Chapter of the American Public Works Association and as amende(
by the special provisions sections of this contract. Reference is hereby made to thc
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 an(
contractors to utilize recycled and recyclable materials when available and where appropriate.
The City of Carlsbad may disqualrfy a contractor or subcontractor from participating in biddin!
when a contractor or subcontractor has been debarred by another jurisdiction in California as ai e irresponsible bidder.
No bid will be received unless it is made on a proposal form furnished by the Purchasins
Department. Each bid must be accompanied by security in a form and amount required by law
The bidder's security of the second and third next lowest responsive bidders may be withhelc
until the Contract has been fully executed.. The security submitted by all other unsuccessfu
bidders shall be returned to them, or deemed void, within ten (10) days after the Contract i:
awarded. Pursuant to the provisions of law (Public Contract Code Section 10263), appropriatc
securities may be substituted for any obligation required by this notice or for any monies withhelc
by the City to ensure performance under this Contract. Section 10263 of the Public Contrac
Code requires monies or securities to be deposited with the City or a state or federally charterec
bank in California as the escrow agent. The escrow agent shall maintain insurance to cove
negligent acts and omissions of the agent in connection with the handling of retentions under thi5
section in an amount not less than $100,000 per contract.
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The documents which must be completed, properly executed, and notarized are:
1. Contractor’s Proposal 8. Bidder’s Statement of Technical
2. Bidder’s Bond Ability and Experience
3. Non-Collusion Affidavit 9. Certificate of Insurance
4. Contract 10. Bidder’s Statement of Debarment
5. Designation of Subcontractors 11, Purchasing Department
6. Amount of Subcontractors’ Bid Representation and Certification
7. Bidder’s Statement of Financial 12. Escrow Agreement for Security
*
Responsibility Deposits (optional)
All bids will be compared on the basis of the Engineer’s Estimate. The estimated quantities arc
approximate and serve solely as a basis for the comparison of bids. The Engineer’s Estimatr
is $1 10,000.
No bid shall be accepted from a contractor who is not licensed in accordance with the
provisions of California state law. The contractor shall state their license number, expiration date
and classification in the proposal, under penalty of perjury. The following classifications are
acceptable for this contract: C-39 in accordance with the provisions of state law.
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 latei
date.
Sets of plans, special provisions, and Contract documents may be obtained at the Purchasing
Department, City Hall, 1200 Carlsbad Village Drive (formerly Elm Avenue), Carlsbad, California,
for a non-refundable fee of $5.00 per set. If plans and specifications are to be mailed, the cost
for postage should be added.
The City of Carlsbad reserves the right to relect any or all bids and to waive any minor
irregularity or informality in such bids.
The general prevailing rate of wages for each craft or type of worker needed to execute the
Contract shall be those as determined by the Director of Industrial Relations pursuant to the
Sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to Section 1773.2 of the Labor
Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The
Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing
rates of wages to all workers employed by him or her in the execution of the Contract.
The Prime Contractor shall be responsible for insuring compliance with provisions of Section
1777.5 of the Labor Code and Section 4100 et seq. of the Public Contracts Code, “Subletting
and Subcontracting Fair Practices Act.” The City Engineer is the City’s “duly authorized officer“
for the purposes of Section 4107 and 4107.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with Section 1720 shall
apply to the Contract for work.
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A mandatory pre-bid meeting and tour of the project site will be held at 2075 Las Palma
Avenue on Wednesday, June 26,1996 at 8:OO A.M.
All bids are to be computed on the basis of the given estimated quantities of work, as indicate1
in this proposal, times the unit price as submitted by the bidder. In case of a discrepanc
between words and figures, the words shall prevail. In case of an error in the extension of a un
price, the corrected extension shall be calculated and the bids will be computed as indicate1
above and compared on the basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and type<
or written in with ink and must be initialed in ink by a person authorized to sign for tht
Contractor.
Bidders are advised to verify the issuance of al! addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejectior
of bid.
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Bonds to secure faithful performance and warranty of the work and payment of laborers and
materials suppliers, in an amount equal to one hundred percent (100%) and fifty percent (50%),
respectively, of the Contract price will be required for work on this project. 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 Special Provisions
section of this contract. All bonds are to be placed with a surety insurance carrier admitted and
authorized to transact the business of insurance in California and whose assets exceed their
liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to
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 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 have (1) a rating in the most recent Best’s Key
Rating Guide of at least A-:V, and (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 and (2) cover anv vehicle used in the performance of the contract, used
onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled.
The auto insurance certificate must state the coverage is for “any auto” and cannot be limited
in any manner.
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Workers’ compensation insurance required under this contract must be offered by a cornpan)
meeting the above standards with the exception that the Best’s rating condition is waived. The
City does accept policies issued by the State compensation Fund meeting the requirement foi
workers’ compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days. 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 securiiy of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution
NO. 96-107 , adopted on the 21ST day of MAY , 1996 .
I.
cy 22 /99& LlJkOLd4 62S& Date Aletha L. Rautenkranz, City Clerk /
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5A 0 CITY OF CARLSBAD
CONTRACT NO. CS96-2
CONTRACTOR’S PROPOSAL
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
The undersigned declares he/she has%arefully examined the location of the work, read the
Notice Inviting Bids, examined the Plans and Specifications, and hereby proposes to furnish all
labor, materials, equipment, transportation, and services required to do all the work to complete
Contract No. CS96-2 in accordance with the Plans and Specifications of the City of Carlsbad,
and the Special Provisions and that he/she will take in full payment therefor the following unit
prices for each item complete, to wit:
Approximate
Item Quantity Unit No. Description -- and Unit Price TotaJ
1 Provide all labor, 0
material and equipment
to reroof Community Development Building $ 9491
QUOTE UNIT PRICES FOR THE FOLLOWING: (Not included in base bid)
Per sq. meter Per sq. ft.
Deck replacement :§ $ 12.60
Deck repair $ $ 18.00
Unit removal (per unit) !§
Additional costs of project as a result of the presence of asbestos-containing
roofing materials $ 4 ~ 832. oo/total
Total amount of bid in words: Ninety four thousand six hundred seventy seven dol
Total amount of bid in numbers: $ 94.677 .oo o..-/ 0 &dL .d hdqd
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6A a Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). 1, 2 hadhave been received and is/are included in this
proposal.
The Undersigned has checked carefully all of the above figures and understands that the City
will not be responsible for any error or omission on the part of the Undersigned in preparing this
bid.
The Undersigned agrees that in case of default in executing the required Contract with necessary
bonds and insurance policies within twenty (20) days from the date of award of Contract by the
City Council of the City of CARLSBAD, the City may administratively authorize award of the
contract to the second or third lowest bidder and the bid security of the lowest bidder may be
forfeited.
The Undersigned bidder declares, under penalty of perjury, that the undersigned is licensed to
do business or act in the capacity of a contractor within the State of California, validly licensed
under license number 375265 , classification C-39 which expires
on 05-31-97 , and that this statement is true and correct and has the legal effect
of an affidavit.
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the
Business and Professions Code shall be considered nonresponsive and shall be rejected by the
City. 5 7028.1 5(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. 0
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However, at the time the contract is awarded, the contractor shall be properly licensed. Public
Contract Code 9 20104.
The Undersigned bidder hereby represents as follows: *
1. That no Council member, officer agent, or employee of the City of Carlsbad is personally
interested, directly or indirectly, in this Contract, or the compensation to be paid
hereunder; that no representation, oral or in writing, of the City Council, its officers,
agents, or employees has inducted him/her to enter into this Contract, excepting only
those contained in this form of Contract and the papers made a part hereof by its terms;
and
2. That this bid is made without connection with any person, firm, or corporation making
a bid for the same work, and is in all respects fair and without collusion or fraud.
Accompanying this proposal is
or Cashier’s Check) for ten percent (10%) of the amount bid.
The Undersigned is aware of the provisions of Section 3700 of the Labor Code which requires
every employer to be insured against liability for workers’ compensation or to undertake self-
insurance in accordance with the provisions of that code, and agrees to comply with such
provisions before commencing the performance of the work of this Contract and continue to
comply until the contract is complete.
The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2,
relative to the general prevailing rate of wages for each craft or type of worker needed to
execute the Contract and agrees to comply with its provisions.
(Cash, Certified Check, Bond
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IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Ca 1 if orn ia
Countyof San Dieno
On July 11, 1996 before me, Michelle M. Adams, Notary Public ,
personally appeared Mitchell Roe I
IB personally known to me - OR - 0 proved to me on thle basis of satisfactory evidence to be the person(s)
whose name@) idare 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,
execuied the instrument.
Date Name and Title of Officer (e g , "Jane Doe, Notary Public")
Name($ of Signer(s)
Though the mformatron 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 ths form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: July 11, 1996 Number of Pages: Five (5)
Signer(s) Other Than Named Above:
Bid Proposal
None
Capacity(ies) Claimed by Signer@)
Signer's Name: Mitchell Roe
0 Individual U Individual $9 Corporate Officer cl Corporate Officer
[I Partner - 0 Limited General
Pres id en t Title (s) :
0 Attorney-in-Fact [3 Attorney-in-Fact
0 Guardian or Conservator [J Guardian or Conservator
Signer Is Representing: Signer Is Representing:
Roej ack Roofing Inc .
0 1994 National Notary Association * 8236 Remmet Ave , P 0 Box 71 84 Canoga Park, CA 91 309-71 84 Prod No 5907 Reorder Call Toll-Free 1-800.
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IF A PARTNERSHIP, SIGN HERE: co (1) Name under which business is conducted
(2) Signature (given and surname and character of partner) (Note: Signature must be made
by a general partner)
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted Roej ack Roofing Inc .
\
-- Mitchell Roe, €'resident
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Title
Impress Corporeite Seal here
(3) Incorporated under the laws of the State of
(4) Place of Business
Ca1if Ornia
1107 Petree Street
(Street and Number)
El Cajon CA City and State
(5) Zip Code 92020 Telephone No. (619)440-5600
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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:
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Mitchell Roe, President
- -1 Richard Roe, Vice President
Pattie Agbunag, SecfTres. -
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INSURANCE COMPANY OF THE WEST
P. 0. BOX 85563 - SAN DIEGO, CALIFORNIA 92138-5563
1311) OK PROPOSAL BOND
KNOW ALL MEN BY THESE PRESENTS:
That we, Roejack Roofing, Inc.
(hereinafter called the principal), and INSURANCE COMPANY OF THE WEST, a corporation organized and doing bus1
and by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing or becoming
upon bonds or undertakings required or authorized by the laws of the State of
as Surety, are held and firmly bound unto
California
City Of Carlsbad (hereinafter called t
in the just and full sum of
ollars (S 10% of bid
Ten Percent of bid amount
1 lawful mmey of the United States of America, for the payment of which, well and
eade, we hereby bind ourselves and our and each of our successors and assigns, jointly and severally, firmly by these presents
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden principal as aforesaid, is about
and submit to the obligee a bid or proposal dated 7/11/96 for Community Development bldg i5 reroof
in accordance with the plans and specifications filed in the office of the obligee and under the notice inviting proposals theref
NOW, THEREFORE, if the bid or proposal of said principal shall be accepted, and the contract for such work be awari
principal thereupon by the said obligee, and said principal shall enter into a contract and bond for the completion of sa
required by law, then this obligation to be null and void, otherwise to be and remain in full force and effect.
IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 2nd
96 day of Ju1Y ,I9
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ICW CAL 120
.I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ..
Slate of California
County of sari Diego 0
before me, - Gloria S. Russell. Yotarv Public
DATE NAME. iITLE OF OFnCER - TG.. 'JANE WE. NOTARY WEUC'
personally appeared Kerry E. Peterson
VAME(S) OF SIGNERIS)
@ personaily known to me - OR - a proved to me on the basis of satisfactory evidenc:
to be the person(s) whose narne(s) is/ai
subscribed to the within instrument and a
knowledged to me that he/she/they execute
the same in hIs/her/their authorize
capacity(ies), and that by his/her/the
signature(s) on the instrument the person(:
or the entity upon behalf of which tt
person(s) acted, executed the instrumer
0
Though the data below IS not required by law, it may prove valuable to persons relying on the document and could preu
fraudulent reattachment of this form.
DESCRIPTION OF AITACHED DOCUMEN' CAPACITY CLAIMED BY SIGNER
TITLE OR TYPE OF DOCUMENT mLE1-3)
&d ATTORNEY-IN-FACT NUMBER OF PAGES
a GuARDiAwcONSERVATOR
DATE OF DOCUMENT
SlGNER IS REPRESENTING: WE OF W?SO%(S) OR BJllWIEsI
SiGNER(S) OTHER THAN NAMED ABOVE Insurance Company of the West e
ICW G? 616
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Insurance Company of the lt'est
HOME GfFICE. SIN DIEGO. CIUMFiNlA .,
POWER OF ATTORNEY e
KNOW ALL MEN BY THESE PRESENTS. That INSLJRANCE Z3MPANY OF THE WEST. a Calltornia Corooration. does hereoy aoi
KERRY E- PETERSON
its Irue and lawful Attorney(s)-tn-Fact, with full oower and authority, to execute. on benalf of the Comoany. fidelity and surety oonas. und
and otner contracrs of suretysmo of a similar nature.
This Power of Attorney IS granted and is signed ana sealed by fauimiln under the authority of the following Resoiution aaooted 3y
of Oirecrors on tne 22nd aav of Novemoer. 1994. wnicn said Resolution nas not been amended or resanded and of wnicn Uie iollc
true cooy:
"aESOLVED. that the Chairman of the Board. the President. an Executive Vice President or a Senior Vice President of the
and eacn ot them. is hereoy authonzed to execute Powers of Artorney qualifying the atrorney named in the given Power of Attorney t
on Denalt at the Company. fidelity and surely bonds. undertakings. or other contracls of suretyshio of a similar nature; and to anal
the seal or the Comoany: provided however, that the absence of the seal Shall not alfecr the validity of the instrument.
CURTHEil RESOLVE9. tnat the signatures of such officers and the seal of the Company, and the signatures of any witne
signatures and seal of any notary. and the signatures ot any orficers certilying the validity of the ?owe?. of Attorney. may be affixed by
IN vVlTNESS WHEREOF. INSURANCE COMPANY Of THE WEST has caused these presents to be signed by its auly authorized
:his 28th day of March 1995.
(0 I ,&fi-Va
*a*, 4
+Sam*
INSURANCE COMf ANY OF THE WEST
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STATE OF CALIFORNIA ss:
COUNTY OF SAN OIEGO
March 28th, 1995 On this before me oersonally aooeared Jonn L Hannum, Senior Vice Prestaent of IN!
COMPANY OF THE WEST. personally known to me to 5e the maiviawal and officer wno executed the wlthin instrument. anu ackr
to me that he executed the same in his official caoacity and that by his signature on the instrument the corooration on oenalt ot
acred. axecuted the insrrumenr.
WITNESS my hand and ortiual seal.
&iflQM,i DdPh
Notary Public
CERTlF ICATE.
I, E Harned Oavis. Vice President of INSURANCE COMPANY Of THE WEST. do hereoy carnty mat the original POWEFl CF A1
of which Me foregoing IS a true copy, is snll in full force and erfec!. and that this cemficate may be ugned by fauirnlle under thi
ot me above quoted resoluuon.
IN WITNESS WHEREOF. I have subscrrbed my name as Vice Prestdent. on this 2nd day of
July 19 96.
INSURANCE COMPANY OF THE WEST f=J) z ,.co--r* f
, *& 4 I, - F ed/4*
*
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+.au E Harned Oavis. vice Presrdent
IC" 37
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BID SECURITY FORM
(Check to Accompany Bid)
(NOTE: The following form shall be used if check accompanies bid.)
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Accompanying this proposal is a *Certified 'Cashiers check payable to the order of CITY
OF CARLSBAD, in the sum of
dollars
($A *
this amount being ten percent (1 0%) 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 authoriiies and the undersigned shall fail to
execute a contract and furnish the required Performance, Warranty and Payment Bonds and
proof of insurance coverage within the stipulated time; otherwise, the check shall be returned
to the undersigned. The proceeds of this check shall also become the property of the City if the
undersigned shall withdraw his bid within the period of fifteen (1 5) days after the date set for the
opening thereof, unless otherwise required by law, and notwithstanding the award of the
contract to another bidder. e
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.) ,
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BIDDER’S BOND TO ACCOMPANY PROPOSAL
e KNOW ALL PERSONS BY THESE PRESENTS:
That we, , as Principal, and 9 as Surev are held and firmly bound unto the City of Carlsbad, California, in an amount as follows: (must be at least ten percent (10%) of the bid amount)
for which payment, well and truly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that if the proposal of the above-bounden Principal for:
in the City of Carlsbad, is accepted by the City Council, and if the Principal shall duly enter
into and execute a Contract including required bonds and insurance policies within twenty
(20) days from the date of award of Contract by the City Council of the City of Carlsbad,
being duly notified of said award, then this obligation shall become null and void; otherwise,
it shall be and remain in full force and effect, and the amount specified herein shall be
forfeited to the said City.
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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 Executed by SURETY this
day of I day of
19-. 19-.
0
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PRINCIPAL: SURETY:
(name of Principal) (name of Surety)
By:
(sign here) (address of Surety)
(print name here) (telephone number of Surety)
By:
(Title and Organization of Signatory) (signature of Attorney-in-Fact)
By:
(sign here) (printed name of Attorney-in-Fact)
(print name here) (Attach corporate resolution showing
current power of attorney.)
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(title and organization of signatory)
(Proper notarial acknowledge of execution by PRlNClPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations.
If only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
JANE MOBALDI
Deputy City Attorney
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GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTOR & AMOUNT OF
SUBCONTRACTOR'S BID" AND "DESIGNATION OF OWNER OPERATORS & AMOUNT
OF OWNER OPERATOR WORK" FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner Operator
disclosure forms Bidders are urged to review the definitions in Section
1-2 SSPWC especially, "Bid," "Bidder," "Contract,' "Contractor,"
"Contract Price," "Contract Unit Price," "Engineer," "Subcontractor" and
"Work" and the definitions in Section 1-2 of the Special Provisions
especially "Own Organizalion" and "Owner Operator/Lessee." Bidders
are further urged to review the following sections of the Special
Provisions 2-3.1 'General," 2-3.3 "Subcontractor Items of Work,' 2-3.4
"Owner Operators" and 2-35 "Penatties and Remedies.'
Bidders are cautioned that failure to provide complete and correct
information may result in rejection of the bid as non-responsive. Bids
that propose performance of more than 50 percent of the work by
other than the Contractor's own organization will be rejected as non-
responsive.
Bidders shall use separate disclosure forms for each Subcontractor or
Owner Operator (O+O)/Lease of manpower and equipment that is
proposed to be used to complete the Work.
All items of information must be completely filled out.
Where the bid item will be installed by more than one Subcontractor or
Owner Operator/Lessee the percentage of the bid item installed by the
Subcontractor or Owner C)perator/Lessee being listed in the line of the
form must be entered under the column "O/O of Item by Sub" or "O/O of
Item by O+O" as applicable. If a Subcontractor or Owner
Operator/Lessee installs or constructs any portion of a bid item the
entire amount of the Contract Unit Price shall be multiplied by the
Quantity of the bid item that the Subcontractor or Owner
Operator/Lessee installed.
Suppliers of materials from sources outside the limits of work are not
subcontractors. The value of materials and transport for materials from
sources outside the limits of work, as shown on the plans, shall be
assigned to the Contractor or to the Subcontractor, as the case may
be, installing them.
The item number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets)
shall be entered in the "Bid Item No." column.
When a Subcontractor 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.
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CAUTIONS
INSTRUCTIONS
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Bidders shall make any additional copies of the disclosure forms as
may be necessary to provide the required information. The number of
additional form pages shall be entered on the first form page of each e type so duplicated.
Bidder may, at its option, combine bid items on a single row in the
chart on the disclosure forms. If using this option the Bidder must
indicate the bid item numbers to which the information in the row
pertains. This option may not be used where the subcontractor or
owner operator is constructing or installing less than 100 percent of a
bid item. The percentages and dollar amounts may be the sums of the
bid items listed in that row.
When the Bidder proposes using a subcontractor or owner
operator/lessee to construct or install less than 100 percent of a bid
item the Bidder must attach an explanation sheet to the designation of
subcontractor or designation of owner operator/lessee forms as
applicable. The explanation sheet must clearly apprise the Agency of
the specific tasks, materirnls and/or equipment that are proposed to be
so supplied.
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DESIGNATION OF SUBCONTRACTOR & AMOUNT OF SUBCONTRACTOR’S BID
The Bidder MUST complete each information field on this form for each subcontractor that it
proposes to use. Additional copies of this form may be attached if required. This form must
be submitted as a part of the Bidder’s sealed bid. Failure to provide complete and correct
information may resutt in rejection of the bid as non-responsive.
The Bidder certifies that it has used the sub-bicl of the following listed subcontractors in
preparing this bid for the Work and that the listed subcontractors will be used to perform the
portions of the Work as designated in 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 and that no changes in the
subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name: Pacific Disposal
Complete Address:
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199 1/2 Mace Street
Chula Vista CA 91911 Street
city State Zip
Telephone Number plus Area Code: (619)221-8060 I I California State Contractors License NO. & Classification: N/*
Carlsbad Business License No.: None
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DESIGNATION OF OWNER OPERATORS & AMOUNT OF OWNER OPERATOR WORK
The Bidder MUST complete each information field on this form for each owner operator/or
lessee (O+O) that it proposes to use to perforrn any portion of the Work, in an amount in
excess of 0.5 percent of the Prime Contractor’s bid. Additional copies of this form may be
attached if required. This form must be submitted as a part of the Bidder’s sealed bid.
Failure to provide complete and correct information may result in rejection of the bid as non-
responsive. Except for the individuals listed below the Bidder certifies that no owner
operator/lessee will be allowed to perform any portion of the Work. The Bidder further
certifies that no changes in the owner operator listed work will be made except upon the
prior approval of the Engineer. Provide a separate sheet for each Owner Operator/Lessee.
See section 1-2 of the Special Provisions for definition of Owner Operator/Lessee.
Full Owner Operator/Lessee Name:
Complete Address:
Street
city State Zip
Telephone Number plus Area Code:
OWNER OPERATOR WORK ITEMS
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BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal) I
Copies of the iatest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked “CONF~IDENTIAL.”
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Latest annual review submitted with a prior bid. I
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BIDDER’S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
.* The Bidder is required to state what work of a similar character to that included in the
proposed Contract he/she has successfully petformed and give references, with telephone
numbers, which will enable the City to judge his/her responsibility, experience and skill. An
attachment can be used.
Name and Address
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ROEJACK RO'OFING, INC.
11 07 PETREE STREET
EL CAJON, CALIFORNIA 92020-2407
(61 9) 440-5600 FAX (61 9) 440-8802 0
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I 19
- BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’
LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS’ COMPENSATION
(To Accompany Proposal)
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Please see attached insurance certificates (2)
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1 /29/96 -1 . CNTg6007.FM @
CBRTXl'IC&T6 HULDBR. THXS cgRTIPICAT8 -6 looT m
E COV~~RK~E AFFOWBD ay THE POLICIBS e&. bater3: EBerenPaSd e cmins Del. Rie
AwIRTCAN INT'L SPECIALTY LIMBS XN
NATIONAL =ON BXRE INSViUWqE CO.
ROWACX RWFXNG XNC. 1189 H"-E 8rnh E% ~WI a- 93038-2407
xou xmxCk-fED. wmx~m Am RpwI
u- I r I
$ I aBloBRAL LZABILJTY 1
gCr, I TYPE OF INSURANU3 I POLICY mER IPoLICr SPF DATEIPOLHX BXP DATE1 LIMITS '
%LTR 1 1 I Im/dd/yy) 1 (m/dd/wl /
I (myone firel I IWUl Paymeme. IS . 5*(
1 i IWIV,WllrE LIMXLIZY i I I IC*inSd IS liI I I 1 t I [ 1 AnyAuto
ISinglS Limit I
I I I Saheih'led Autos I I I I t~erpertw) I i I 1 I All Omod Autos 1 I I I 1 1 m
ni I I 1 I 1 i - P
'Taw7
I f 1 Hir& Aut08 I I I I-- E I 1 llbn - orad Wtae I I I 1 i [ 1 aaruge Liability i I I ii B[J
8 I Ex 8 LIn..SLITY I 1 I ioach Oocurrc& 2,000, t 1 &.I I~UmbrelLa Form I BZ8181979 I 01/19/96 1 01/01/97 ~mrcgatt IS 2;000,( 1 I $ I mhar Than Wrdh FOV! I 1 1- --- --- r
g 1 lipprLoy&R'8 LImxLlTY I I I SI 1 I I
I, 1. lBodily Injury 16 I [Par accident) 1
1 1 E~;CILP..~ cv@msnTron I I I[ 1 8tmtutor)r I n @I m I8407034 I OXJOI/g6 I O%/Of/S7 Igacit midant It e IDircmrc-MI Linltl$lb 000 e
lDi6~r0o~EaCh Eapll$l* 0001
icies be cancda&l &fop
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---
5J5CY mnt Sl81965 CmmaCllrr. GuquAL LIna
mxs 1~tw11a- cmms TUE POII~CU. PLEASE RSAD IT cmcpIfuy.
I i 1 I AVDITXONAL INSWRED .. ow#IIcRs, LBSSlEPS OR 1 -OM (FORMB) I i 1 I I k
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?ban erKhrssrllmt medifim inmruncc provided undo* the ~ollowing:
OIWZRCI?UJ ObWRWnL LIABILITY COVWVGE PART.
SCUEDUUK
S(am of Pereon or Orv6nixatlon: 69 6XTY BAI)
amLs E DRIVE 9H;wsSs law
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(If m entry am0rr.s above, tnformation rewired to complete this endorsemwrt rlll be ObOu fn the Declrradione
%a upplrccble to thu en&o?emt.)
#Ho IS AN IPJBURED {section 111 $8 amended to include us en insured the person or org.nlsatlw, shown in the
Bc:fra6ululr, but only with reopcct to liability arieinq out of "your work" for that inauECd by or fos YOU.
0 INSURANCE COVERAGE IS PRIWY AS RESPECTS ".E CITY, ITS WICIALSt EMPLUYES Am VOLUNTEERS.
OFFICIALSr BlPLOYEZS OR VOLUNTEERS SHALL BE IN EXCESS OF THE CCNlRACWR'S
IXSYWXE WD SBALL Mcfi COiV'ZRIwITe; WITH IT.
ANY INsuIpANcE OR SELF INSURANCE MAINTAINED BY "HE CITY, ITS
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20 10 11 85 the QWIX APP C-aayr ir e
TOTFlL P. 02
P.d. Box 577
. __.____._ ______
Roe j kick Roofing , hlc.
-~
1x07 Petree Street
ER’S & CONTRACTOR’S PROT
ALL OWNED AUTOS
SCHEDULED ALITOS
HIRED AUTOS
NCIN-OWNED AUTOS
BA 604689
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L’5:SCElPTiCIN CF (PP~R~~tJN~CCA~ONSNEHICLESlSPECIAL ITEMS ,
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city OE Carisbad
Carlsbad, (24 92008-1_989
.. .-._ ....-.-... -. ................... .......... .. ........ .............. I I ._
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BIDDER’S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS’
LIABILITY, AUTOMOTWE LIABILITY AND WORKERS’ COMPENSATION
I) (To Accompany Proposal)
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BIDDER’S STATEMENT RE DEBARMENT
(To Accompany Proposal)
1. Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California?
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Yes no
2. If yes, what was the name of the agency and what was the period of debarment?
Not app 1 icab le
party debarred
agency
period of debarment
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NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
State of California 1
County of San Diego 1
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Mitchell Roe , being first duly sworn, deposes
(Name of Bidder)
c and says that he or she is President
(Title)
of Roejack Roofing Inc.
(Name of Firm)
the party making the foregoing bid that the bid is not made in the interest of, or on behalf of,
any undisclosed person, partnership, company, association, organization, or corporation; that
the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly
induced or solicited any other bidder to put in a false or sham bid, and has not directly or
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a
sham bid, or that anyone shall refrain from biddling; that the bidder has not in any manner,
directly or indirectly, sought by agreement, communication, or conference with anyone to fix the
bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the
bid price, or of that of any other bidder, or to secure any advantage against the public body
awarding the contract of anyone interested in the proposed contract; that all statements
contained in the bid are true; and, further, that the bidder has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation,
partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
I declare under penalty of perjury that the foregoing is true and correct and that this affidavii was
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executed on the 11th day of July ,192.
-
MitchelIL Roe, President
Subscribed and sworn to before me on the 11 rh day of Juiv ,19%.
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(NOTARY SEAL) - .;,&k?f@ /
43 [
Signate of Notary MichellLe M. Adam
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& STATXMENT OF RWFXHU WFACTCIRER’S QUA3tIFICATIONET
Each bidder Lor the work included in the specifications and
drawings and the contract documents shall submit with their bid
the data requested in the following schedule of information.
This data must be included in and mad.e part of each bid document
and contained In the sealed envelope.
this instruction may be regarded as justification for rejecting
the Contractor’s Proposal. Submit one (I) copy of this
statement-
1. Name of bidder ROWCK ROOFLNG
2. Name of Material Supplier Treao Ins;.
3. Number of years manufacturing this roo€ systen 22
4. Location of wholly owned and operated manufacturing
facilities.
*
Failure to comply with
Facility TmM CQ INC.
ProductXrems ime N,B. Product THERM
Street 39 60 E. 44th Street Street 3361 E. 80EH STREKT
city-on City CLEmLm
Fa c i 1 i t y.mQfNC. Bumastic L.V., E.L.S. BWWASTIC GLASS,
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State Om0
% of product used mfg at this plant 60%
Facility TREK0 Facility “XI LTD,
% of pxoduct used mfg at this plant 10%
POLYROOF L.V.,
Pro du c t.t ProductTREMSER& G . P p
T BLVD. 30X u 23 Street 220 WICKS TEED AYE. Street TRWHAUF
city TONNTo
State QNTAMO
% of product used 0 mfg at this plant.-.
2
CONTRACT- PU 6 LIC WORKS
0 This agreement is made this &a day of m , I&, by anc
between the City of Carlsbad, California, a municipal &!orporation, (hereinafter called "City"), anc
whose principal place o ROEJACK ROOFING INC.
business is 1107 PFT~ s TREET EL CAJON CA 92020 (hereinafter called "Contractor".)
City and Contractor agree as follows:
1. DescriDtion of Work. Contractor shall perform all work specified in the Contract documents
for: COMMUNITY DEVELOPMENT BUILDING REROOF, CONTRACT NO. CS96-2.
(hereinafter called "project")
Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents.
Contract Documents. The Contract Docuinents consist of this Contract, Notice Inviting
Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Bidder's
Statements of Financial Responsibility, Technical Ability and Re Debarment, Non-collusion
Affidavit, Escrow Agreement, Release Forlm, the Plans and Specifications, the Special
Provisions, and all proper amendments and changes made thereto in accordance with this
Contract or the Plans and Specifications, iand all bonds for the project; all of which are
incorporated herein by this reference.
Contractor, her/his subcontractors, and materials suppliers shall provide and install the work
as indicated, specified, and implied by the! Contract Documents. Any items of work not
indicated or specified, but which are essential to the completion of the work, shall be
provided at the Contractor's expense to fulfill the intent of said documents. In all instances
through the life of the Contract, the City will be the interpreter of the intent of the Contract
Documents, and the Crty'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 coimpliance.
Pavment. For all compensation for Contractor's performance of work under this Contract,
City shall make payment to the Contractor per Section 9-3 of the Standard Specifications
for Public Works Construction (SSPWC) 1994 Edition, and the latest supplement, hereinafter
designated "SSPWC", as issued by the Southern California Chapter of the American Public
Works Association, and as amended by the Special Provisions section of this contract.
The closure date for each monthly invoice will be the 30th of each month. Invoices from
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the Contractor shall be submitted according to the required City format to the City':
assigned project manager no later than the 5th day of each month. Payments will bc
delayed if invoices are received after the 5th of each month. The final retention amoun
shall not be released until the expiration off thirty-five (35) days following the recording o
the Notice of Completion pursuant to California Civil Code Section 3184.
Public Contract Code section 20104.50 requires a summary of its contents to be set fortt
in the terms of the contract. Below is such a summary. However, contractor should refe
to Public Contract Code section 201 04.50 for a complete statement of the law.
The city shall make progress payments within 30 days after receipt of an undisputed and
properly submitted payment request from a contractor on a construction contract, Ii
payment is not made within 30 days after receipt of an undisputed and properly submitted
payment request, then the city shall pay interest to the contractor equivalent to the legal
rate set forth in subdivision (a) of section 685.010 of the Code of Civil Procedure.
Upon receipt of a payment request, the city shall, as soon as practicable after receipt,
determine whether the payment request is a proper payment request. If the c'ity determines
that the 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 settirrg forth in writing the reasons why the paymeni
request was not proper.
If the city fails to return the denied request within the seven (7) day time limit, then the
number of days available to the city to make payment without incurring interest shall be
reduced by the number of days by which the city exceeds the seven (7) day return
requirement.
"Progress payment" includes all payments due contractors except that portion of the final
payment designated by the contract as "relention earnings".
A completed and executed release form in ,the form described in this contract (hereinafter
"Release Form") shall be submitted prior to approval of each progress payment. The
contractor shall list ail disputed claims or potentially disputed claims which arise during the
pay period. The purpose of the Release Forin is to bring timely attention to areas of dispute
or potential dispute between the contractor and the City for the pay period. Failure of the
contractor to submit a completed and executed Release Form shall constitute the
contractor's acknowledgment that no disputes of any type have arisen that pay period or
remain from previous pay periods and the contractor waives all future rights in making
claims for disputes arising in those pay periods. All previous and new disputed claims or
potentially disputed claims shall be listed on the Release Form until such time as the
disputed claims are resolved. The contractor shall not mod@ the Release Form in any way.
Independent Investiaation. Contractor has made an independent investigation of the
jobsite, the soil conditions at the jobsite, and all other conditions that might affect the
progress of the work, and is aware of those conditions. The Contract price includes
payment for all work that may be done by Contractor, whether anticipated or not, in order
to overcome underground conditions. Any information that may have been furnished to
Contractor by City about underground conditions or other job conditions is for Contractor's
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convenience only, and City does not warrant that the conditions are as thus indicated
Contractor is satisfied with all job conditions, including underground conditions and has noi
relied on information furnished by City.
Contractor Responsible for Unforeseen Conditions. Contractor shall be responsible for a1
loss or damage arising out of the nature of the work or from the action of the elements 01
from any unforeseen difficulties which may arise or be encountered in the prosecution o
the work until its acceptance by the City. Contractor shall also be responsible for expense:
incurred in the suspension or discontinuance of the work. However, Contractor shall noi
be responsible for reasonable delays in the completion of the work caused by acts of God,
stormy weather, extra work, or matters which the specifications expressly stipulate will be
borne by City.
Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches
or other excavations that extend deeper thisn four feet below the surface Contractor shall
promptly, and before the following conditions are disturbed, notify City, in writing, of any:
A. 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. Subsurface or latent physical condition!; at the site differing from those indicated.
C. Unknown physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of the
character provided for in the contract.
6.
aD
7.
City shall promptly investigate the conditions, and if it finds that the conditions do materially
so differ, or do involve hazardous waste, and cause a decrease or increase in contractor’s
costs of, or the time required for, performance of any part of the work shall issue a change
order under the procedures described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions
materially differ, or involve hazardous waste, or cause a decrease or increase in the
contractor’s cost of, or time required for, performance of any part of the work, contractor
shall not be excused from any scheduled completion date provided for by the contract, but
.shall proceed with all work to be performed under the contract. Contractor shall retain any
and all rights provided either by contract or by law which pertain to the resolution of
disputes and protests between the contracting parties.
Chanae Orders. City may, without affecting the validity of the Contract, order changes,
modifications and extra work by issuance of wriien change orders. Contractor shall make
no change in the work without the issuance of a wriien change order, and Contractor shall
not be entitled to compensation for any extra work performed unless the City has issued
a written change order designating in advance the amount of additional compensation to
be paid for the work. If a change order deletes any work, the Contract price shall be
reduced by a fair and reasonable amount. If the parties are unable to agree on the amount
of reduction, the work shall nevertheless proceed and the amount shall be determined by
litigation. The only person authorized to order changes or extra work is the Project
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Manager. The written change order must be executed by the City Manager or the Cq
Council pursuant to Carlsbad Municipal Code Section 3.28.1 72.
Immigration Reform and Control Act. Contractor certifies he is aware of the requirement:
of the Immigration Reform and Control Act of 1986 (8 USC Sections 1101-1525) and ha:
complied and will comply with these requirements, including, but not limited to, verifyins
the eligibilrty for employment of all agents, employees, subcontractors, and consultants tha
are included in this Contract.
10. Prevailing Waae. Pursuant to the California Labor Code, the director of the Department o
Industrial Relations has determined the general prevailing rate of per diem wages ir
accordance with California Labor Code, Section 1773 and a copy of a schedule of saic
general prevailing wage rates is on file in the office of the Crty Engineer, and is incorporatea
by reference herein. Pursuant to California llabor Code, Section 1775, Contractor shall pay
prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job
site.
11. 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 Contractor 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; except for loss or damage which
was caused solely by the active negligence of the Clty; and from any and all claims, loss,
damages, injury and liability, howsoever the same may be caused, resutting directly or
indirectly from the nature of the work covered by the Contract, unless the loss or damage
was caused solely by the active negligence of the City. The expenses of defense include
all costs and expenses including attorneys fees for litigation, arbitration, or other dispute
resolution method.
Contractor shall also defend and indemnw the City against any challenges to the award
of the contract to Contractor, and Contractor will pay all costs, including defense costs for
the City. Defense costs include the cost of separate counsel for City, if City requests
separate counsel.
12. 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 agents,
representatives, employees or subcontractors. Said insurance shall meet the City's policy
for insurance as stated in Resolution No. 91-403.
(A) COVERAGES AND UMITS - Contractor shall maintain the types of coverages and minimum limits indicted herein:
1. Comprehensive General Liabilitv Insurance:
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$1,000,000 combined single limit per occurrence for bodily injury and property
damage. If the policy has an aggregate limit, a separate aggregate in the amounts
specified shall be established for the risks for which the City or its agents, officers
or employees are additional insured. '
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2. Automobile Liabilitv Insurance:
$1,000,000 combined single limit per accident for bodily injury and propeq
damage. In addition, the auto policy must cover anv vehicle used in thc
performance of the contract, used Ionsite or offsite, whether owned, non-owned 01
hired, and whether scheduled or non-scheduled. The auto insurance certificatc
must state the coverage is for "any auton and cannot be limited in any manner.
3. Workers' Compensation and Employers' Liabilitv Insurance:
Workers' compensation limits as required by the Labor Code of the State o
California and Employers' Liability limits of $1,000,000 per incident. Workers
compensation offered by the State lCompensation Insurance Fund is acceptable tc
the City.
e
(B) ADDITIONAL PROVISIONS - Contractor shall ensure that the policies of insurance required under this agreement contain, or are endorsed to contain, the following
provisions. General Liability, Employers' Liability and Automobile Liability Coverages:
1. The City, its officials, employees and volunteers are to be covered as additional
insured as respects: liability arising out of activities performed by or on behatf of
the Contractor; products and completed operations of the contractor; premises
owned, leased, hired or borrowed by the contractor. The coverage shall contain
no special limitations on the scope of protection afforded to the City, its officials,
employees or volunteers. All additional insured endorsements must be evidenced
using separate documents attached to the certificate of insurance; one for each
company affording general liability, employers' liability and auto liability coverage.
2. The Contractor's insurance coverage shall be primary insurance as respects the
City, its officials, employees and volunteers. Any insurance or setf-insurance
maintained by the City, its officials, employees or volunteers shall be in excess of
the contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting provisions of the policies shall not affect
coverage provided to the City, its officials, employees or volunteers.
4. Coverage shall state that the contractor's insurance shall apply separately to each
insured against whom claim is macle or suit is brought, except with respect to the
limits of the insurer's liability.
0
(C) "CLAIMS MADE" POLICIES - If the insurance is provided on a "claims made" basis,
coverage shall be maintained for a period of three years following the date of
completion of the work.
(D) NOTICE OF CANCELLATION -Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided,
canceled, or reduced in coverage or limits except after thirty (30) days' prior written
notice has been given to the City by certified mail, return receipt requested.
CNTG6007.FM 1 /29/96
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2
(E) DEDUCTIBLES AND SELF-INSURED FIETENTION (S.I.R.) LEVELS - Any deductibles or self-insured retention levels must bat 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.
(F) WAIVER OF SUBROGATION -All polic4es of insurance required under this agreemenl 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.
(G) SUBCONTRACTORS - Contractor shall include all subcontractors as insured undei its policies or shall furnish separate certificates and endorsements for each
subcontractor. Coverages for subcontractors shall be subject to all of the requirements
stated herein.
0
(H) ACCEPTABILITY OF INSURERS - Insurance is to be placed with insurers that have a
rating in Best’s Key Rating Guide of at least A-:V. Insurers must also be authorized to
transact the business of insurance by the State of California Insurance Commissioner
as admitted carriers as evidenced by a listing in the official publication of the
Department of Insurance of the State of California and/or under the standards specified
by the City Council in Resolution No. 91-403.
VERIFICATION OF COVERAGE - Contractor shall furnish the City with certificates of
insurance and original endorsements affecting coverage required by this clause. The
certificates and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificates and
endorsements are to be in forms approved by the City and are to be received and
approved by the City before work commences.
(J) COST OF INSURANCE -The Cost of all insurance required under this agreement shall
be included in the Contractor’s bid.
(I)
e
13. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in
accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1,
Article 1.5 (commencing with section 201 04.) which are incorporated by reference. A copy
of Article 1.5 is included in the Special Prcwisions 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 201 04.2(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 Califoirnia Government Code) for any claim or cause
of action for money or damages prior to filiing any lawsuit for breach of this agreement.
(A) 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.
1 /29/96 CNTG6007.FM
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r L
(8) Contractor acknowledges that if a false claim is submitted to the City, it may bc considered fraud and the Contractor may be subject to criminal prosecution.
(C) Contractor acknowledges that California Government Code sections 12650 et seq., thc
False Claims Act, provides for civil penatties where a person knowingly submits a falsc
claim to a public entity. These provisions include false claims made with deliberatc
ignorance of the false information or in reckless disregard of the truth or falsity of tht
information.
(D) If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, h
is entitled to recover its litigation cost!;, including attorney’s fees.
(E) 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) The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 anc
3.32.028 pertaining to false claims are incorporated herein by reference.
0
(G) Contractor hereby acknowledges that debarment by another jurisdiction is grounds foi
the City of Carlsbad to disqualdy the Contractor or subcontractor from participating ir
contract bidding.
I have read and understand all provisions of Section 13 above.
Initial
14. Maintenance of Records. Contractor shall maintain and make available at no cost to the
City, upon request, records in accordance !with Sections 1776 and 181 2 of Part 7, Chapter
1, Article 2, of the Labor Code. If the (Contractor does not maintain the records at
Contractor’s principal place of business as specified above, Contractor shall so inform the
City by certified letter accompanying the return of this Contract. Contractor shall notify the
City by certified mail of any change of address of such records.
4D
15. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with Section
1720 of the Labor Code are incorporated herein by reference.
16. Securiv. Securities in the form of cash, cashier’s check, or certified check may be
substituted for any monies withheld by the City to secure performance of this contract for
any obligation established by this contract. Any other security that is mutually agreed to
by the Contractor and the City may be substituted for monies withheld to ensure
performance under this Contract.
17. Provisions Required bv 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.
CNT96007 FM 1 /29/9E
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E
18. Additional Provisions. Any additional provisions of this agreement are set forth in thc
"General Provisions" or "Special Provisions" attached hereto and made a part hereof.
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
AlTACHED
0
(CORPORATE SEAL)
CONTRACTOR:
Roejack Roofing Inc.
ATTEST:
Mitchell Roe, President
By: e
(print narne/title)
President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under the corporate seal erripowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
puty City Attorney
CNTgB007.FM 1 /29/96 @
I)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Countyof Sari Diego
On August 23, 1996 before me, Michelle M. Adams, Notary Public J
personally appeared
mpersonally known to me - OR - 0 proved to me on thle 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.
Date Name and Title of Officer (e g , “Jane Doe, Notary Public”)
Mitchell Roe and Pattie Agbunag , Name@) of Signer($
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: August 23, 1996 Number of Pages: Eight (8)
Signer(s) Other Than Named Above: None
Capacity(ies) Claimed by Signer(s)
signer’s N~~~: Mitchell Roe Pattie Agbunag Signer’s Name:
0 Individual Individual Q Corporate Officer
Tit[e(s) : Title(s): Pres id en t
0 Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Guardian or Conservator 0 Guardian or Conservator
Pi Corporate Officer S ec /Tr es .
Signer Is Representing: Signer Is Representing:
Roejack Roofing Inc. Roejack Roofing Inc.
Reorder Call Toll-Free 1-8 0 1994 National Notary Association * 8236 Remmet Ave , PO Box 7184 * Canoga Park, CA 91309-71114 Prod No 5907
CITY OF CARLSBAD a municipal
corporation of the State of California
By:
Mayor
4B
ATTEST:
City Clerk
President or vice-president and secretary or assistant secretary must sign for corporations. I1
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under the corporate seal empowering that officer to bind the corporation.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
JANE MOBALDI 0 Deputy City Attorney
1 /29/9i CNT98007.FM 49 1)
Bond Number: 148 54 18 LABOR AND MATERIALS BOND
Premium: Incl. w/ Performance bond. db WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution
NO. 96-275 , adopted AUGUST 13, 1996 , has awarded to
designated as the "Principal"), a Contract for:
in the City of Carlsbad, in strict conformity with the drawings and specifications, and other
Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all
of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms
thereof require the furnishing of a bond, providing that if Principal or any of their
subcontractors shall fail to pay for any materials, provisions, provender or other supplies or
teams used in, upon or about the performance of the work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, WE, ROEJACK ROOFING INC. ,
as Principal, (hereinafter designated as the "Contractof), and Insurance Company of the
as Surety, are held firmly bound unto the City of Carlsbad in the sum oftorty Seven ''OU
501100 ' ''&timated amount payable by the City of darlsbad under the terms of the Contract, for whict
payment well and truly to be made we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly rand 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 performance of the work contracted to be done, or for any other
work or labor thereon of any kind, or for amounts due under the Unemployment Insurance
Code with respect to such work or labor, or for. any amounts required to be deducted,
withheld, and paid over to the Employment Development Department from the wages of
employees of the contractor and subcontractors pursuant to Section 13020 of the
Unemployment Insurance Code with respect to such work and labor that the Surety will 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 attorney'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). Surety stipulates and agrees that no change, extension of time, alteration
or addition to the terns of the Contract, or to tlhe work to be performed thereunder or the
specifications accompanying the same shall affect its obligations on this bond, and it does
hereby waive notice of any change, extension of time, alterations or addition to the terms of
the contract or to the work or to the specifications.
ROEJACK ROOFING INC. (hereinafte
COMMUNITY DEVELOPMENT REROOF
hundred thirty eight Qollars ($ 47,338-50 , said sum being fifty percent (50%) of the
0
CNTM007.FM 1 /29/91
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c c
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 23rd
day of August ,1996. day of August I
CONTRACTOR:
@ Executed by SURETY this 22nd
1996.
SURETY: Roejack Roofing Inc.
(name of Contractor) Insurance Company of the West
(name of Surety)
By: 5725 Kearny Villa Road, Suite R
San Diego, CA 92123
(address of Surety)
:,jitchell Roe, President 619-279-3800 - ;print name here)
(telephone number of Surety)
President
- (title and organization of signatory) By:
aL Kerry E. Peterson
(printed name of Attorney-in-Fact)
By: 4?L&!Lum (sign here) B d
Pattie Agbunag
(print name here)
(attach corporate resolution showing
0
Sec/Tres. current power of attorney)
(title and organization of signatory)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be
attached.)
;; resident or vice-president and secretary or assistant secretary must sign for corporations.
If only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
CNTQ6007.FM 1/29/96
@ 0
Insurance Company of the lt'est
HOME GFFICE. SAN OIEGO. CAlIFG2NiA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS. That INSIJRANCE Z3MPANY Of THE WEST. a Cnbtornta Corooration. does hereoy aoi
0
KCZRY E- PETERSON
I& true and lawful Attorney(s)-tn-Gacx. with full oower and autnority. to execute. on benalf of the Comoany. fidelity and surety oonas. und
and otner contracts at surecysnio of a similar nature.
This Power of Attorney IS granted and is signed ana sealed by facsimilrt under the authority of the foliowing Aesolulion aaooted 3y
of Oirectors on me 22nd aav of Novemoer. 1994. wnicn said Resolution has not been amended or resanded and of wnicn tne tollc
true cooy:
'SESOLVED. thaf the Chairman of the 8oard. :he President, an ::xecutlve Vice Prestdent or a Senior Vice President ot the
and eacn of them. is hereoy authonred to execute Powers of Attorney qualifying the anornay named in tne given Pow0r of Anorney t
on Denalt ot the Company. fidnlity and surety Sonds. undertakings. or other contracts of sureiyshio of a similar nature: ana IO anal
the seal of the Comoany: provided however, that the absance of the seal shall not altect the validity of the instrument.
FURTHE8 RESOLVED. fnaf the signatures ot such officers and the seal of the Company. and the signatures of any witne
signatures and seal of any notary, and tne signatures of any orficers certifying the validity of the Power of Atlorney. may be affixed by f
IN V"NESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents 10 be signed by its auly aurnorizsd
this 28th day of March 1995.
(Q) %o.H*
INSURANCE COMPANY OF TilE WEST
: ,&.amm?t@ *:,
49, 7s- // rw&- STATE OF CXUFORNIA ss:
COUNTY OF SAN OIEGO
a
,i John L Hannum. Senior Vice Presiaent G'
March 28th, 1995 On this Serore me personally aweared John L Hannum. Senior Vice Presiaent of INS
COMPANY OF TrlE WEST. personally known to me to oe the tnaivlarral and orticer wno executed :ne within instrument. ana awn
to me thaf he executed the same in his olfiual capacity and tnat by his signature on the instrument ;ne coroorauon on benalf ot
acred. axecuted the instrument.
WITNESS my hand and orfiaal seal.
KhO%?& P' JhA?.i?
Norary Public cow. dG526r1l
CEFITIFICATE:
I. E. Harned Oavis, Vica President of INSURANCE COMPANY OF l%E WEST. do hereay cernfy mat the onginal POWE8 CF AT
of which the foregoing IS a true copy, IS still in full force and effect, and that this cernficate may be signed by facsimile under the
of the above quoted resoluuon.
IN WITNESS WHEREOF, I have subscrtbed my name as Vice President, on this 22nd day of
August 19 96.
INSURANCE COMPANY OF THE WEST
*~~'*'-w " f ,c*-'*?* 2 (Q) id4d/ 6iAq '
0
"arc.&
+rprr & Harnea Oavis. Vice Ptesldent
IC& 37
CALl FQRN IA ALL-PURPOSE ACKNOWLEDGMENT
State of California a
personally appeared
@ personally known to me - OR - a proved to me on the basis of satisfactory eviden
to be the person(s) whose name(s) is/a
subscribed to the within instrument and 2
knowledged to me that he/she/they execut
the same in his/her/their authorizi
capacity(ies), and that by his/her/tht
signature(s) on the instrument the person(
or the entity upon behalf of which tl
person(s) acted, executed the instrumel
NAMEISI OF SlGNWS)
0 /,
Though the data below IS not required by law, it may prove valuable to persons relying on the document and could pre
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEN
TmE OR TYPE OF DOCUMENT
NUMBER OF PAGES
@ GUARDIANICONSERVATOR
DATE OF DOCUMENT
SlGNER IS REPRESENTING: NME OF pFFIsoN(s) OR €MllY(IEs)
SiGNER(S) OTHER THAN NAMED ABOVE a
ICW GP 416
r’s Name: Mi tcheI-1 Roe
r? indi.Jidv;c;l Ff ~orporate Officer
U Pariner - iz3 Limited 0 General
U Atttorney-i! I- fac t
0 Trustee
0 Guardian or Conservator
0 Other:
~itl~(~): President -
___ ---_-_- ___
Signer Is Representing:
Roej ack Roofing Inc.
---_.-----__
-__-_.--- _____
Pattie Agbunag Signer’s Name:
U Individual 13 Corporate Officer
Tit le( s) :
ci Partner - 0 Limited 0 General
U Attorney-in-Fact
U Trustee
0 Guardian or Conservator
Other:
Sec/Tres.
Signer Is Representing:
Roej aclc Roofing Inc .
-
. Bond Number: 148 54 18
Premium: $1,420.00 3
FAITHFUL PERFORMAMCE/WARRANTY BOND * WHEREAS, the City Council of the Cit of Carlsbad, State of California, by Resolution No, 96-275 adopted AUCYST 13, 1996
designated as the "Principal"), a Contract for:
in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications,
and other Contract Documents now on file in the Office of the City Clerk of the City of
Carlsbad, all of which are incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute said Contract and the terms
thereof require the furnishing of a bond for the faithful performance and warranty of said
Contract ;
NOW, THEREFORE, WE, ROEJACK ROOFING INC- , as Principal, (hereinafter designated as the "Contractof), and
held and firmly bound unto the City of Carlsbad in the sum of NINETY FOU R THOUSANI:
said sum being equal to one hundred percent (100%) of the estimated amount of the
Contract, to be paid to City or its certain attorney, its successors and assigns; for which
payment, well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounden Contractor, their
heirs, executors, administrators, successors or assigns, shall in all things stand to and abide
by, and well and truly keep and perform the covenants, conditions, and agreements in the
Contract and any alteration thereof made as therein provided on their part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to
their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its
officers, employees and agents, as therein stipulated, then this obligation shall become null
and void; otherwise it shall remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified
therefor, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all
to be taxed as costs and included in any judgment rendered.
Surety stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Contract, or to the work to be performed thereunder or the specifications
accompanying the same shall affect its obligatioins on this bond, and it does hereby waive
notice of any change, extension of time, alterations or addition to the terms of the contract or
to the work or to the specifications. 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.
, has awarded to
, (hereinafter RO-ING INC.
COMMUNITY DEVELOPMENT REROOF
, as Surety, are Insurance Company of the West
HUNDRED SEVENTY SEVEN AND 00/100 D-
0
.
CNT96007.FM 1 /29/96 *@
<
Executed by CONTRACTOR this 23rd
day of August , 19 96 . Executed by SURETY this 22nd
day of August I
CONTRACTOR: 192.
Roejack Roofing Inc. SURETY:
0
(name of Contractor)
Insurance Company of the West
(name of Surety)
By:
5725 Kearny Villa Road, Suite R
Mitchell Roe (address of Surety) San Diego, CA
(print name here) 92123
619-279-3800
President - (Title and Organization of Signatory)
By:
By:
Kerry E. Peterson
Patt ie Agbunag - (printed name of Attorney-in-Fact)
(print name here)
SecITres. (Attach corporate resolution showing 0 (Title and Organization of signatory) current power of attorney.)
(Proper notarial acknowledge of execution by CONTRACTOR and SURETY must be
attached .)
(President or vice-president and secretary or assistant secretary must sign for corporations.
If only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
CNTG6007.FM 1 /29/98
@ a
Insurance Company of the !Vest
*OM€ CFFiCE. SAN OIEGO. CILIiGANIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESZ PRESENTS: That INSlJRANCE Z3MPANY OF THE WEST. a Calitornia Corooration. does hereoy ao
a
KEWY E. PETERSON
its true and lawful ARorney(s)-in.Faa. with full oower and authority, to execute. on benalf of the Cotnoany. fidelity and surety bonas. unc
and otner contracrs of surecyshto of a similar narure.
This Power of Attorney IS granted and is signed ana Sealed by facsimilo under the authority of the following ilesolution adoored 3y
of Oirecrors on ihe 22nd aav of Novemoer. 1994, wnicn said Resolution nas not been amended or resanded and of wnicn tne tollc
true copy:
“QESOLVED. that the Chairman of the 8oard. :ne President. an Lixecutive Vice President of a Senior Vica President of the (
and eacn of them. is hereby auinonzed to execute Powers of Attorney qualifying the anorney named in the given Power of Anorney t
on benalt ot the Cornoany. fidelity and surefy bonds. unaeftakrngs. of other contracis of sureryshio of a simtiaf nature; and 10 anac
the seal of the Comoaoy: provided however, mat the absance of the soal shall not affect the validity of the instrument.
FURTHE3 RESOLVED. tnat the signatures of such officers and the seal of the Company, and the signatures of any witne
signatures and seal of any notary. and the signatures of any oificers canifying the validity of the Power of ARorney. may be affixed by I
IN ‘WITNESS WHEREOF. INSURANCE COMPANY OF THE WEST has caused these presents 10 be signed by its duly autnorizsd
this 28th day of March 1995.
((2J ; +0*m.rt*\
*%I 1.4-
CWam*
INSURANCE COMPANY OF TiiE WEST
-
STATE OF CXLJFQRNIA ss:
COUNTY OF SAN DIEGO
e
March 28th, 1995 On this miore me personally aooeared Jonn L Hannum. Senior Vice Presiaent ot INS
COMPANY OF THE WEST. personally known to me to oe the inoiviaual and ofticer wno executed the wltkin tnstrument. and adn
to me that he executed the same in his oftiaal caoactry ana tnat by 1’11s signature on ihe Instrument the corporaurn on benaif of
acred. axecuted the ~nstrument.
WITNESS my hand and orticral seal.
,-
-wm Yh&?zdj 0’ .J42&
Notary Puoric
SAN OEGO co(?”
CERTIFICATE:
I. E. Harned Davis. Vice President of INSURANCE COMPANY OF ’WE WEST. do hereby can@ that the original POWE3 CF Ail
of which the foregoing IS a true copy. is still in full tor- and effea. and that this cemficate may be signed by facsimiie under the
of the above quoted rasoruuon.
IN WtTNESS WHEREOF. I have subscribed my name as Vice President. on this 22nd day of
August 19 96.
INSURANCE COMPANY OF THE WEST
i.cso*”.* J* ,i ,,io-*’?* 2 0 (c$j4/ -kc. ad*/ ’
a
“**,.*@
c.cl%M E. fiarned Oavrs, Vice ?rewent
ICW 37
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
County of Sari Diego
NAME. rmE OF OFnCER - i.G . ‘JANE WE. NOTARY PUBLIC
personally appeared Kerry E. Peterson
NAMEIS) OF SIGNER(S) a personally known to me - OR - a proved to me on the basis of satisfactory eviden
to be the person(s) whose namefs) is/a
subscribed to the within instrument and E
knowledged to me that he/she/they executl
the same in his/her/their authorizc
capacity(ies), and that by his/her/tht
signaturefs) on the instrument the person(
or the entity upon behalf of which t
person(s) acted, executed the instrume
Though the data below IS not required by law, it may prove valuable to persons relying on the document and could pre frauduient reamchment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEh
TITLE OR TYPE OF DOCUMENT Ws)
NUMBER OF PAGES
OATE OF DOCUMENT
StGNER IS REPRESENTING: NAHEOF PERsoN(s) OR EMTlY(IEs)
SIGNER(S) OTHER THAN NAMED ABOVE
ICW GI? 416
ski ~~,~~~~~~~~~~ ACKtWOWbEDGiMENB
4 4 Z.c.43.5 c.<::*~-;.r.ZB~Z.-,"- ry..rv-.e-,-v.,
__- State of California
County of Sari Diego
On August 23, 1996 before me, 2.chelle M. Adams, Notary Public I
personally appeared Mitchell Roe and Pattie Agbunag 3
Bpersonally known lo me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) idare subscribed to the within instrument
and acknowledged to me that he/she/they executed the
sarne 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.
Date Name and Title of Officer (e.g., "Jane Doe, Notary Public")
Name@) of Signer@)
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: - City of Carlsbad Faithful Performance/Warranty Bond
August 23, 1996 Two (2)
--
Number of Pages: - Document Date:
Signer@) Qther Than Named Above: None
Capa:ity(ii~s) Claimed by Signer@)
Pattie Agbunag Sigr.,etr's Narn1e: . ' Nitchell Roe
& Corporate Cjgiset-
Ll Partner - 3 Limited U General 0. Partner - 0 Limited 0 General
0 Attorney-in-FaczZ 0 Attorney-in-Fact
0 Guardian or Conservator 0 Guardian or Conservator
''rit!e(s): __ President
Signer Is Representing: Signer is Representing:
Roej ack Roofing Inc e ________
~~____-__
?zizzEz-
0 1394 E'cBcra! No?arj ASsoc.ia:ion * 11236 Rcnme! Aw., P.0. Rax 7184 * Canoga Park. CA 91309.7184 Prod. No. 5907 Reorder: Call Toll-Free 1-80
CXIMPANIES AFFORDING COVERAGE
AMERICAN INT'L SPECIALTY LIN
Co'~ny AMERICAN INT'L SPECIALTY LINl
AMERICAN INT'L SPECIALTY LINl
ROEJACK ROOFING INC.
EL CAJON, CA. 92020-2407 1107 PETREE STREET
ERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED
NONCONTRIBUTING WITH ANY OTHER
m~m~~Bu8m~u~u~a g#&mmg@jB~.. .. .. OF CARLSBAD CARLSBAD VILLAGE DRIVE uuu6mm%i! SBAD CA 92008-1989
POLICY NUMBER Mxx80628548 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLKY, PLEASE READ IT CAREFULLY.
0
ADDITIONAL INSURED - OWNERS, ILESSEES OR CONTRACTORS
FOlZM B
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
NAME OF PERSON OR ORGANIZATION:
CITY OF CARLSBAD ALL OPERATIONS
1200 CARLSBAD VILLAGE DRIVE
CAIUSBAD, CA 92008-1989
SCHEDULE
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to
this endorsement)
WHO 1s AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the
Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.
0
CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1981 0
7-1 2-1 996 d : 36PM FROM JEJACK FOG;; i1d5 INC. 1 6 I9 dd@ ,,@2 P
EXHDBrrA a
CIT;' OF CARLSBAD SUULUS LINE BROKER AFFIDAVIT
Broker Name: N /c/?&e/ L/qrev,fc/c4, &1.-/.l?afiy
Address: 26 55 Q~Lrntiw /6-e/ io fi[ePx ~#.ZO)
Gty/Stare/Zip: 3@* rS,eqL cn 92/04 -
Dare: - 7l/s-/96
Project Name:
Type of Insurance:
I cew hr /~~c/~\sel Eht-eflkfd c~ is the Broker of Record for /Gff-. 1 AC k. _e__ /&-#
("Connacror') who is required IO provide insurance under rhe specificanom
of tie above conuacr- I further cerri'r hi as Eroker of Record for Contracror, 1 have conracrcd
he insurance companies lisred below, all cf whom mea rhe Cirjs requirements included in
aesoiuuon NO. y/- L/O 3 and all of whom have rcrfused to write the required policy due to the
rype of xisk iwolved.
Insurance Carrier:
/ci// C\+G--- ' rrA-A&w
L! e h7 C<A~ L- i-0-h i 1l.b
@
/Z//-e ,m on 5 FLW c~
Name of Conract: A&,d ~JcP4
Address: , /75YZ EGc./- /7'7- &d-T-exk
Dare: 7- /A/%
/b K-Lj t . /dr/ f< CAR j-?mCli775
Besfs fiaring /-3 X\/ risted by :;rate Insurance L Yes
Reason for Refusal!
Codssioner (YWNo)
Insurance Carrier: 50- 6eCd /fl Scw-0~ ~x fimfiWL
Name of Contact: Jcre cAxsf;,c5ciz,
Address: /b/S /%~/7hy c/%ye, & dG/S
Reason for Rchsal: . h?d,&L c/t.lss 06 hM,l-
@ Date: lo? /cis
yea Zest's Ranng & f-/ x ' ' Gted by Srate Insurance
Cornmissloner (Yes/No)
-. VI_ --- ----
I -
0 hsurar,ce Cor?.;er: ZT.7- /+&-tf%-IZ<
Narnc of Conracr: A4nIS-e \I br7LL7
Address: i+cx .3GLI.,+A /h~'G~-/-et?~~ A (onv#qd
Dace: /;7/5s
Reason for Refusai: / /?<f/Q,&c c ifiS5 06 /%S,,~c.yt
Sesr's Raring B* YV isr re^ ~y sr4re fnsciance -. Ya
Co&.Gner (Yes/No)
f A& /f?S 0 Ccnmcror is requ-&g thar fie city acce?rh/ G 5p C i G- _. to pay wr~l:o Is a siupius
Lie c&ey haviyg an A-:Voi betrer ~&i~g in rhe most meni issue of fiest's k5f@ Guide arid
who has En office within &e Stare of C&.fonb .x &e ,ColIow%g address LI order to &ea senk
of process.
Name of Surplus
&e Ctm'er:
Address:
.
/?/7:erlcot, J,"1k"f7c;.-&&J 5-p< (iLA& q /M
c io rn G LCfl I u-5 L4&s /+j c/.'7c3/ ~ [tlG
lfart>crs/c(e /?;?G.~ct;~d cCAh/- q6 i/3lqXci @ ciry/s tate/rip : Jr rcjr \r fib, &J 0'7311
AiLcess to eifecr SerJice of Process W~&TT h State sf Caiiomia.
NErne: p4 I c c_ izcie f Eh,-?rv/-e 1 d Cln.y'uy
Ad dress: JGS brnI/Q - /LC/ /Zk Nr+-L.ft.w8 -
CiryISta tee/zip: 5h DlCq3 C& Yziq
Signed: ww j-=L-y I O.qc/74
I cem under penalty of perjury &.a the fortgchng fects zre me zzd conect
Dated: Q/Y4q&2
3ioker of Record
a
.+ * 4 Et. 3 ' L L
* Hal Rakowski Ins. Agency ONLY AND CONFERS NO RIGHTS UPON THE CER ' HOLDER. THIS CERTIFICATE DOES NOT AMEND, EX
COMPANIES AFFORDING COVERAGE-_
9727 Los Coches Rd. j - ALTER THE COVERAGE AFFORDED BY THE POLICIES
- ___~__ ___~~- -~-
COMPANY
;. P.O.Box 577
I 1107 Petree St. C
i
! Lakeside, Ca. 92040 ~----~ ~ ~~- _____ A ~__ UnUard. I1?Surance_:o,-p_
I Roejack Roofing, Inc. L_ ~ ~ - -~--~ ~~ ~ -~ -~__
COMPANY i INSURED
B
COMPANY
1 El Cajon, Ca. 92020 COMPANY
__ ._ --_____ ____ -.___ __ ____ __~-~ ____
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WH CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
1 1 #I -
I
LIMITS POLICY EFFECTIVE POLICY EXPIRATION
DATE (MMIDDIYY) DATE (MMIDDNY) TYPE OF INSURANCE POLICY NUMBER 1 co ' j LT!i -
GENERAL AGGREGATE I 5 _
MERCIAL GENERtLIABILITY PRODUCTS - COMPIOP AGG 5 -
CLAIMSMADE __ OCCUR PERSONAL & ADV INJURY , $ ___
I- -- \ ~ GENERALLIABILITY
___ EACHOCCURRENCE $_ NER'S &CONTRACTOR'S PROT
I FIRE DAMAGE (Any one fire) I 5 -~
MED EXP (Any one person)
COMBINED SINGLE LIMIT
' 5 __
$1 c __________ _--L
' l/l/g 6 l/llg 7 BODILY INJURY '$ ' BA 604689
I (Per person)
BODILY INJURY (Per accident)
-~ __
I
/5 ________ ____ 1
PROPERTY DAMAGE $
AUTO ONLY - EA ACCIDENT
OT
1 ____ ____ - ~-~~ 1 GARAGE LIABILITY
- ANY AUTO
I EACH ACCIDENT 5
AGGREGATE $
EACH OCCURRENCE 5
AGGREGATE
i I-_- ______ ______~-~- !- __________^_ , ___ - EXCESS LIABILITY -
5 --. . .__ UMBRELLA FORM -
~-~ __ b OTHER THAN UMBRELLA FORM
I WC STATU- - ____- TORY LIMITS-
EL EACH ACCIDENT
k-' WORKERS COMPENSATION AND EMPLOYERS LIABILITY
i ' THE PROPRIETOW EL DISEASE - POLICY LIMIT $
1- OTHER
__~____________ I __ !I
1
1 ~
- ~-~
EL DISEASE - EA EMPLOYEE $ - ___--- - 1 OFFICERSARE PARTNERWEXECUTIVE -4 ;;LL;
~
- _- ! t 1 DESCRIPTION OF OPERATIONS/LOCATIONSNEHlCLES/SPEClAL ITEMS
; Community Development Building Reroof. .
t
I City Of Carlsbad EXPIRATION EREOF, THE ISSUING COMPANY WILL im 200 Carlsbad Village Dr.
I Carlsbad, Ca. 92008-1989 E
'.I
Policy Number BA 604689
z:LDOKS1"MENT - ADDI'SIO!llit XNSUF-ED
e
This hdorsement Changes The IjoliCjf. Please Read It Carefuliy.
This endorsement modifies Insurance prov.ideci wder the following:
BUSI~SS AUTO covz2~i;s r'OFd4
S CHEIJULE
same of Bersor, cr 0rganlza:ion:
City Of Carlsbad
Eescripcj.cn 05 Contract:
Community Development Building Reroof.
h-0 IS 1Ns~T.29 is changed 20 include as im "insured" the person or OrganizatioI rsamed abcue for "bodily injcry" or "~rop~srcy damage" arising out of rrhe USE of
covered iia~tlc" while tile covered "auto" :is ;
1. On preiiiises owried 32- leasea $7 th.i person 01 organization; or
2. Eelrig used pui-cuanL to a contract 5eocribed in &he schedule.
HDsever, the perscn or organ:zaL<an named above is an "ir.surer!ll oniy for "bodi]
injury" or "property damace" resul tilig f ilon tile BCLS or oniissions of :
1. You;
2. &q)r of your err-plcyaes or sgezts; or
3. ~ny per-so:;, except <ne mp2cyee or agezit of tbe pzrson or c--yanizarion same
0.
absve, ogeratLn.;: a covered "auL0"'W~t;n the perniLssion of any of Lhe above.
1)
ii3'71075 Z5. 10-87 Page 1 of 1
CITY OF CAFitLSBAD
Purchasing Department
1200 Carlsbad Village Drive
Carlsbad CA 92008
REPRESENTATION ANID CERTIFICATION
\r
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= The following representation and certification should be completed, signed and returned to City of Carlsbad.
REPRESENTATIONS: Mark all applicable blanks. This offeror represents as part of this offer that the ownership, YES NO X
operation and control of the business, in accordance with
the specific definitions listed below is: Certification #: Not applicable
(Check appropriate Ethnic Ownership Type)
Are you currently certified by CALTRANS?
CERTIFICATION OF BUSINESS REPRESENTATION(
Mark all applicable blanks. This offeror represents as a
of this offer that:
This firm is-, is not x This firm is-. is not? a woman-owned business.
WOMAN-OWNED BUSINESS: A woman-owned busi-r
is a business of which at least 51 percent is owned,
controlled and operated by a woman or women. Contrl
is defined as exercising the power to make policy deck
Operation is defined as actually involved in the day-to-d
management.
FIRM’S PRIMARY PRODUCTS OR SERVICE:
a minority business.
Native-American
- DEFINITIONS:
MINORITY BUSINESS ENTERPRISE: ”Minority Business” efined as a business, at least 51 percent of which is
members, or in the case of publicly owned businesses, at
least 51 percent of which is owned, operated and controlled
by minority group members. The Small Business
Administration defines the socially and economically
disadvantaged (minorities) as Black American, Hispanic
American, Native Americans (Le. American Indian, Eskimos,
Aleuts and Native Hawaiians), and Asian-Pacific Americans
(Le., US. Citizens whose origins are from Japan, China, the
Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust
Cambodia and Taiwan).
CERTl FI CATI ON :
The information furnished is certified to be factual and correct as of the date submitted.
Rneinrk Rndinp hc. Mitchell Roe, COMPANY NAME PRINTED NAME
1107 Petree Street
ADDRESS
El Cajon CA 92020
CIN, STATE AND ZIP
(619)440-5600 July 11, 1996
TELEPHONE NUMBER DATE
Roofing Contractor a ed, operated and controlled by minority group
CONSTRUCTION CONTRACTOR:
ClASSlFICATION(S): C-39. ASB
LICENSE NUMBER: 376265
Territories of the Pacific, Northern Marianas, Laos, TAXPAYERS 1.D. NO. 94-2527219
\
‘e CNT86007.FM 1 /29/96 49
I 1
r, \
OPTIONAL
ESCROW AGREEMENT FOR SECURITY
DEPOSITS IN LIEU OF RETENTION
This Escrow Agreement is made and entered into by and between the City of Carlsbad
whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called
City" and whose
address is hereinafter
called "Contractor" and whose
address is
hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as
follows:
a
1. Pursuant to Sections 22300 and 10263 of tlhe Public Contract Code of the State of
California, the contractor has the option to deposit securities with the Escrow Agent as a
substitute for retention earnings required to be withheld by the City pursuant to the
Construction Contract entered into between the City and Contractor for
dated
request of the contractor, the City shall make payments of the retention earnings directly
to the escrow agent. When the Contractor deposits the securities as a substitute for
Contract earnings, the Escrow Agent shall notrfy the Ctty 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 equd to the cash amount then required to be
withheld as retention under the terms of the contract between the City and Contractor.
Securities shall be held in the name of the , and
shall designate the Contractor as the beneiicial owner.
in the amount of
(hereinafter referred to as ,the "Contract"). Alternatively, on written
0
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 benefti 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 pairties shall be equally applicable and binding
when the City pays the escrow agent directly.
4. The contractor shall be responsible for paying all fees for the expenses incurred by the
Escrow Agent in administering the Escrow Account and all expenses of the City. These
expenses and payment terms shall be determined by the City, Contractor and Escrow
Agent.
CNTQ6007.FM 1 /29/96
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5. The interest earned on the securities or the money market accounts held in escrow and
all interest earned on that interest shall be ffor the sole account of Contractor and shall bc
subject to withdrawal by Contractor at any time and from time to time without notice to
the City.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow
Account 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.
a
7. The City shall have a right to draw upon the securities in the event of default by the
Contractor. Upon seven days’ written notice to the Escrow Agent from the City of the
default, the Escrow Agent shall immediately convert the securities to cash and shall
distribute the cash as instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and
complete and that the Contractor has complied with all requirements and procedures
applicable to the Contract, the Escrow Agent shall release to Contractor all securiiies and
interest on deposit less escrow fees and charges of the Escrow Account. The escrow
shall be closed immediately upon disbursement of all moneys and securities on deposit
and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the contractor
pursuant to Sections (1) to (8), inclusive, of this agreement and the City and Contractor
shall hold Escrow Agent harmless from Escrow Agent’s release, conversion and
disbursement of the secuiities and interest iRS set forth above.
@ 10. The names of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of Contractor in connection with the
foregoing, and exemplars of their respective signatures are as follows:
For City: Title
Narne
Signature
Addlress
For Contractor: Title!
Name
Signature
Address
1/29/96 CNTB6007.FM 43 0
3
For Escrow Agent: Title
Name e 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.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers
on the date first set forth above.
For City: Title
Narne
Signature
Address
For Contractor: Title
Narne
Signature
Address
0
For Escrow Agent: Title!
Name
Signature
Addlress
1 /29/96 CNTO6007 FM
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3
RELEASE FORM
THIS FORM SHALL BE SUBMllTED PRIOR TO APPROVAL OF MONTHLY PROGRESS * PAYMENTS.
NAME OF CONTRACTOR:
PROJECT DESCRIPTION:
PERIOD WORK PERFORMED:
RETENTION AMOUNT FOR THIS PERIOD: $ -
DISPUTED WORWCLAIMS
DESCRIPTION OF DISPUTED WORWCLAIM AMOUNT CLAIMED
/OR ESTIMATE)
e
Contractor further expressly waives and releases any claim Contractor may have, of whatever
type or nature, for the period specified which is not shown as disputed work/claim on this
form. This release and waiver has been made voluntarily by Contractor without any fraud,
duress or undue influence by any person or entity. Contractor is referred to paragraph 4 of
the Public Works Contract.
Contractor acknowledges full cognizance of the California False Claims Act Government
Code Sections 12650-1 2655 and Carlsbad Municipal Code Sections 3.32.025 to 3.32.028
CNTQ0007 FM 1 /29/9€ 49 *
1
implementing the California False Claims Act and certifies that all claims submitted to the
City shall be subject to the provisions of said codes and regulations.
Contractor further certifies, warrants, and represents that all bills for labor, materials, and
work due Subcontractors for the specified period will be paid according to Public Contract
Code Section 20104.50 and Business and Professions Code Section 7108.5 and that the
parties signing below on behalf of Contractor have express authority to execute this release.
a
DATED: _. PRINT NAME OF CONTRACTOR
- DEiSCRl BE ENTITY (Partnership, Corporation,
etc.)
By:
Title:
By:
Title:
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CNTO6007 FM 1 /29/96
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*
SPECIAL PROW SlONS
1. SUPPLEMENTARY GENERAL PROVISIONS
TO STANDARD SPECIFICATIONS
FOR PUBWC WORKS CONSTRUCTlON
e
1-1 TERMS
To Section 1-1, add:
A. Reference to Drawings:
Where words "shown," "indicated," "detailed," "noted," "scheduled," or words of similar impor
are used, it shall be understood that reference is made to the plans accompanying these
provisions, unless stated otherwise.
B. Directions:
Where words "directed," "designated,' "selected," or words of similar import are used, it shall
be understood that the direction, designation or selection of the Engineer is intended, unles:
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 City
Engineer," unless stated otherwise.
C. 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 o
the Engineer,' unless otherwise stated. Where the words 'approved,' 'approval,"
"acceptance,' or words of similar import are used, it shall be understood that the approval,
acceptance, or similar import of the Engineer is intended.
D. Perform and Provide:
The word 'perform" shall be understood to mean that the Contractor, at her/his expense,
shall perform all operations, labor, tools and squipment, and further, including the furnishing
and installing of materials that are indicated, specified or required to mean that the
Contractor, at her/his expense, shall furnish arid install the work, complete in place and
ready to use, including furnishing of necessaty labor, materials, tools, equipment, and
transportation.
e
1-2 DEFINITIONS
Modify Section 1-2 as follows:
Agency -the City of Carlsbad, California
Engineer - the Project Manager for the City of Carlsbad or his approved representative
CNT08007 FM 1 /29/91 6B 0
2-4 CONTRACT BONDS
Delete the third sentence of the first paragraph having to do with a surety being listed in tt
latest revision of U.S. Department of Treasury Circular 570.
Modify Paragraphs three and four to read:
The Contractor shall provide a faithful performance/warranty bond and payment bond (labc
and materials bond) for this contract. The faithful performance/warranty bond shall be in t
amount of 100 percent of the contract price and the payment bond shall be in the amount
50 percent of the contract price. Both bonds shall extend in full force and effect and be
retained by the city during the course of this project until they are released according to tt-
provisions of this section.
The faithful performance/warranty bond will be reduced to 25 percent of the original amoui
35 days after recordation of the Notice of Completion and will remain in full force and effec
for the one year warranty period and until all warranty repairs are completed to the
satisfaction of the city engineer.
The payment bond shall be released six months plus 35 days after recordation of the Notic
of Completion if all claims have been paid.
Add the following:
All bonds are to be placed with a surety insurance carrier admitted and authorized to
transact the business of insurance in California and whose assets exceed their liabilities in 1
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.
A certified copy of the certificate of authority of the insurer issued by the insurance
commissioner. 2)
If the bid is accepted, the City may require a financial statement of the assets and liabilities
of the insurer at the end of the quarter calendar year prior to 30 days next preceding the
date of the execution of the bond. The financial statement shall be made by an officer’s
certificate as defined in Section 173 of the Corporations Code. In the case of a foreign
insurer, the financial statement may be verified by the oath of the principal officer or managc
residing within the United States.
2-5 PLANS AND SPECIFICATIONS
To Section 2-5.1, General, add:
The specifications for the work include the Standard Specifications for Public Works
Construction, (SSPWC), 1994 Edition, and the latest supplement, hereinafter designated
CNT-007 FM 1 /29/E
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"SSPWC", as issued by the Southern California Chapter of the American Public Works
Association, and as amended by the Special Provisions section of this contract.
The Construction Plans consist of N/A sheet@) designated as City of Carlsbad Drawing
No.N/A. The standard drawings utilized for this project are the latest edition of the San Diec
Area Reqional Standard Drawinqs, hereinafter designated SDRS, as issued by the San Dieg
County Department of Public Works, together with the City of Carlsbad Supplemental
Standard Drawings. Copies of pertinent standard drawings are enclosed with these
documents.
All plans and specifications, including a Traffic Control Plan if applicable, shall be approved
by the City as a condition precedent to issuance of a Notice to Proceed.
To Section 2-5.3, Shop Drawings, add:
Where installation of work is required in accordance with the product manufacturer's
direction, the Contractor shall obtain and distribute the necessary copies of such instruction
including two (2) copies to the City.
To Section 2-5, add:
2-5.4 Record Drawinas:
The Contractor shall provide and keep up-to-date a complete 'as-buitt" record set of
transparent sepias, which shall be corrected daily and show every change from the original
drawings and specifications and the exact "as-buitt' 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 City 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 upon
completion of the work.
e
a
3-5 DISPUTED WORK
All claims by the contractor for $375,000 or less shall be resolved in accordance with the
procedures in the Public Contract Code, Divisiton 2, Part 3, Chapter 1, Article 1.5
(commencing with Section 20104) which is selt forth below:
Article 1.5 Resolution of Construction Claims
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five
thousand dollars ($375,000) or less which arise between a Contractor and a local agency.
(2) This article shall not apply to any claims resutting from a contract between a contractoi
and a public agency when the public agency has elected to resolve any disputes pursuant tc
Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2.
Code, except that 'public work' does not include any work or improvement contracted for by
the state or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B)
payment of money or damages arising from work done by, or'on behalf of, the contractor
pursuant to the cantract for a public work and payment of which is not otherwise expressly
CNTW007 FM 1/29/91
(b)(l) 'Public work" has the same meaning iE1S in Sections 3100 and 3106 of the Civil
@ a
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.
201 04.2 For any claim subject to this article, the following requirements apply:
(2) The claim shall be in writing and include the documents necessary to substantiate 1
claim. Claims must be filed on or before the date of final payment. Nothing in this subdivi
is intended to extend the time limit or supersede notice requirements otherwise provided I
contract for the filing of claims.
(b)(l) For claims of less than fifty thousand dollars ($50,000), the local agency shall
respond in wriiing to any wriien claim within 45 days of receipt of the claim, or may requc
in writing, within 30 days of receipt of the claim, any additional documentation supporting
claim or relating to defenses to the claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided
pursuant to this subdivision, upon mutual agreement of the local agency and the claimant
(3) The local agency’s written response to the claim, as further documented, shall be
submitted to the claimant within 15 days after receipt of the further documentation or withi1
period of time no greater than that taken by the claimant in producing the additional
information, whichever is greater.
(c)(i) 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 wriitin!
to all written claims within 60 days of receipt of the claim, or may request, in writing, withir
30 days of receipt of the claim, any additional documentation supporting the claim or relat
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 withi
a period of time no greater than that taken by the claimant in producing the additional
information or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency’s written response, or the local agency fails
respond within the time prescribed, the claimant may so not@ the local agency, in writing,
either within 15 days of receipt of the local agency’s response or within 15 days of the locs
agency’s failure to respond within the time prescribed, respectively, and demand an inform,
conference to meet and confer for settlement of the issues in dispute. Upon a demand, the
local agency shall schedule a meet and confer conference within 30 days for settlement of
the dispute.
.(e) Following the meet and confer conference, if the claim or any portion remains in
dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section
900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title i of thc
Government Code. For purposes of those provisions, the running of the period of time with
which a claim must be filed shall be tolled from the time the claimant submits his or her
written claim pursuant to subdivision (a) until the time that claim is denied as a result of the
meet and confer process, including any period of time utilized by the meet and confer
process. (9 This article does not apply to tort claims and nothing in this article is intended nor sha
be construed to change the time periods for filing tort claims or actions specified by Chaptc
1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 (
Division 3.6 of Title 1 of the Government Code.
CNTW007 FM 11291
43
201 04.4. 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 clays, following the filing or responsive
pleadings, the court shall submit the matter to nonbinding mediation unless waived by
mutual stipulation of both parties. The mediation process shall provide for the selection
within 15 days by both parties of a disinterested third person as mediator, shall be
commenced within 30 days of the submittal, and shall be concluded within 15 days from thc
commencement of the mediation unless a time requirement is extended upon a good cause
showing to the court or by stipulation of both parties. If the parties fail to select a mediator
within the 15-day period, any party may petition the court to appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration
pursuant to Chapter 2.5 (commencing with Section 11 41 .lo) of Title 3 of Part 3 of the Code
of Civil Procedure, notwithstanding Section 1141.1 1 of that code. The Civil Discovery Act of
1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code
of Civil procedure) shall apply to any proceeding brought under the subdivision consistent
with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators
appointed for purposes of this article shall be experienced in construction law, and, upon
stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable
hourly rates of pay not to exceed their custorrlary rate, and such fees and expenses shall bs
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 thl
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.
*
Il)r
4-1 MATERIALS AND WORKMANSHIP
To Section 4-1.3.1, Inspection Requirements, General, add:
All work shall be under the observation of the E%gineer or his appointed representative. The
Engineer shall have free access to any or all ptnrts of work at any time. Contractor shall
furnish Engineer with such information as may be necessary to keep her/him fully informed
regarding progress and manner of work and character of materials. Inspection of work shall
not relieve Contractor from any obligation to fulfill this Contract.
Mod@ Section 4-1.4, Test of Materials, as follows:
Except as specified in these Special Provisions, the Agency will bear the cost of testing
materials and/or workmanship where the results of such tests meet or exceed the
1/29/96 CNT00007 FM
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requirements indicated in the Standard Specifications and the Special Provisions. The co
of all other tests shall be borne by the Contractors.
At the option of the Engineer, the source of supply of each of he materials shall be appro
by him 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 trial, it is found that sources (
supply which have been approved do not furnish a uniform product, or if the product fron
any source proves unacceptable at any time, the Contractor shall furnish approved mater1
from other approved sources. Material that fails to meet specifications after-improper storz
handling or any other reason shall be rejected.
All back-fill and subgrade shall be compacted in accordance with the notes on the plans a
the SSPWC. Compaction tests may be made by the City and all costs for tests that meet
exceed the requirements of the specifications shall be borne by the City.
Said tests may be made at any place along the work as deemed necessary by the Engine
The costs of any retests made necessary by noncompliance with the specifications shall b
borne by the Contractor.
Add the following section:
4-1.7 Nonconformina Work
The contractor shall remove and replace any work not conforming to the plans or
specifications upon wriien order by the Engineer. Any cost caused by reason of this
nonconforming work shall be borne by the Contractor.
5-1 LOCATION
Add the following:
The City of Carlsbad 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 tt
work. However, the accuracy of completeness of the utilities indicated on the Plans is not
guaranteed.
5-4 RELOCATION
Add:
The temporary or permanent relocation or alteration of utilities, including service connectioi
desired by the Contractor for his/her own convenience shall be the Contractor’s own
responsibilrty, and he/she shall make all arrangements regarding such work at no cost to tl
City. If delays occur due to utilities relocations which were not shown on the Plans, it will t
solely the Ctty’s option to extend the completion date.
In order to minimize delays to the Contractor caused by the failure of other parties to
relocate utilities which interfere with the construction, the Contractor, upon request to the City, may be permitted to temporarily omit the portion of work affected by the utility. The
CNTW007 FM 1 /29, @
portion thus omitted shall be constructed by the Contractor immediately following the
relocation of the utility involved unless otherwise directed by the City.
6-1 CONSTRUCTION SCHEDULE
Modify this section as follows:
A construction schedule is to be submitted by the Contractor per the following:
a
1. The prime contractor is required to prepare in advance and submit at the time
of the project preconstruction meeting a detailed critical path method (CPM)
project schedule. This schedule is subject to the review and approval of the
Clty and such approval shall be a condition precedent to issuance of the
Notice to Proceed by City.
The schedule shall show a complete sequence of construction activities,
identrfying work for the complete project in addition to work requiring separate
stages, as well as any other logically grouped activities. The schedule shall
indicate the early and late start, early and late finish, 50% and 90%
completion, and any other major construction milestones, materials and
equipment manufacture and delivery, logic ties, float dates, and duration,
The prime contractor shall revise and resubmit for approval the schedule as
required by City when progress is not in compliance with the original
schedule. The prime contractor shall submit revised project schedules with
each and every application for monthly progress payment identdying changes
since the previous version of the schedule.
The schedule shall indicate estimated percentage of completion for each item
of work at each and every submission.
The failure of the prime contractor to submit, maintain, or revise the
aforementioned schedule (s) shall enable City, at its sole election, to withhold
up to 10% of the monthly progress payment otherwise due and payable to the
contractor until the schedule has been submitted by the prime contractor and
approved by Crty as to completeness and conformance with the
aforementioned provisions.
2.
3.
4. e
5.
No changes shall be made to the construction schedule without the prior written approval of
the Engineer. Any progress payments made after the scheduled completion date shall not
constitute a waiver of this paragraph or any damages.
Coordination with the respective utility company for removal or relocation of conflicting
utilities shall be requirements prior to commencement of work by the Contractor.
6-5 TERMINATION OF CONTRACT
Grounds for termination of the contract by the City include failure of the City or Contractor to
obtain necessary permits from other governmelntal agencies, or unreasonable delay caused
CNTW007 F M 1 /29/91
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by enforcement of laws and regulations by other public agencies, including but not limitec
to, enforcement of the Endangered Species Act and other similar laws.
6-6.3 PAYMENT FOR DELAYS TO CONTRACTOR
The City shall not be liable for delay caused by the enforcement of laws and regulations b
other public agencies, including but not limited to, enforcement of the Endangered Specie
Act and other similar laws.
6-5 TERMINATION OF CONTRACT
Grounds for termination of the contract by the City include failure of the City or Contractor
obtain necessary permits from other governmental agencies, or unreasonable delay cause
by enforcement of laws and regulations by other public agencies, including but not limited
to, enforcement of the Endangered Species Act and other similar laws.
PAYMENT FOR DELAYS TO CONTRACTOR
The City shall not be liable for delay caused by the enforcement of laws and regulations b)
other public agencies, including but not limited to, enforcement of the Endangered species
Act and other similar laws.
6-7 TIME OF COMPLETION
The Contractor shall begin work within 30 calendar days after receipt of the "Notice to
Proceed" and shall diligently prosecute the work to completion within 60 consecutive days
after the date of the Notice to Proceed.
To Section 6-7.2, Working Day, add:
Hours of work - All work shall normally be performed between the hours of 7:OO a.m. and
sunset, from Mondays through Fridays. The contractor shall obtain the approval of the
Engineer if he/she desires to work outside the hours state herein.
Contractor may work during Saturdays and holidays only with the written permission of the
Engineer. This written permission must be obtained at least 48 hours prior to such work.
The Contractor shall pay the inspection costs of such work.
6-8 COMPLETION AND ACCEPTANCE
Add the following:
All work shall be guaranteed for one (1) year after the filing of a "Notice of Completion" and
any faulty work or materials discovered during the guarantee period shall be repaired or
replaced by the Contractor, at his 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 this section as follows:
CNTOd007 FM 1 /29/9
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If the completion date is not met, the contraclor will be assessed the sum of $250 per day
for each day beyond the completion date as liquidated damages for the delay. Any
progress payments made after the specified completion date shall not constitute a waiver oi
this paragraph or of any damages.
73 LIABILITY INSURANCE
Add the following:
All insurance is to be placed with insurers that have a rating in Best’s Key Rating Guide of a
least A-:V and are admitted and authorized to conduct business in the state of California ant
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.
dB
7-5 PERMITS
Modify the first sentence to read:
The agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading,
and building permits necessary to perform work for this contract on City property, in streets,
highways (except State highway right-of-way), railways or other rights-of-way.
Add the following:
Contractor shall not begin work until all permits incidental to the work are obtained.
7-8 PROJECT AND SITE MANAGEMENT
To Section 7-8.1, Cleanup and Dust Control, add:
Cleanup and dust control shall be executed even on weekends and other non-working days
at the Crty’s request.
Add the following to Section 7-8:
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 City Noise Control Ordinanct
No. 31 09, Carlsbad Municipal Code, Chapter €1.48.
0
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7-10 PUBLIC CONVENIENCE AND SAFETY
Add the following to Section 7-1 0.4, Public Safety:
7-10.4.4 Safetv and Protection of Workers and Public
The Contractor shall take all necessary precautions for the safety of employees on the wo
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. He/she shall erect and properly maintain at time, 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 which affect this work include Chapter 11.06. Excavation and Gradin!
If this notice specifies locations or possible materials, such as borrow pits or gravel beds, 1
use in the proposed construction project which would be subject to Section 1601 or Sectic
1603 of the Fish and Game Code, such conditions or modifications established pursuant tc
Section 1601 of the Fish and Game Code shall become conditions of the contract.
8 FACILITIES FOR AGENCY PERSONNEL
Delete this section.
93 PAYMENT
Modify Section 9-3.2, Partial and Final Payment, as follows:
Delete the second sentence of the third paragraph having to do with reductions in amount I
retention.
10 SURVEYING
Contractor shall employ a licensed land surveyor or registered civil engineer to perform necessary surveying for this project. Requirements of the Contractor pertaining to this item
are set forth in Section 2-9.5 of the SSPWC. Contractor shall include cost of surveying
service within appropriate items of proposal. No separate payment will be made.
Survey stakes shall be set and stationed by the Contractor’s surveyor for curbs at 50’
intervals (25’ intervals for curves), curb returns at BCR, 1/4, 1/2, 3/4, and ECR, headers, sewers, storm drains, and structures (4 corners min.). Rough grade as required to satisfy
cut of fill to finished grade (or flowline) as indicated on a grade sheet.
CNTW007 FM 1 /29/<
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Contractor shall transfer grade hubs for construction and inspection purposes to crown line
base grade of streets as required by Engineer.
Contractor shall protect in place or replace all1 obliterated sutvey monuments as per Sectior
8771 of the Business and Professional Code.
Contractor shall provide Engineer with 2 copies of survey cut sheets prior to commencing
construction of surveyed item.
11 WATER FOR CONSTRUCTION
The Contractor shall obtain a construction meter for water utilized during the construction
under this contract. The Contractor shall contact the appropriate water agency for
requirements. The contractor shall include the cost of water and meter rental within
appropriate items of the proposal. No separate payment will be made.
e
0
CNT08007 FM 112919
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II. SPECIAL PROVISIONS
TO CONSTRUCTION SPEClFlCATlONS
ROOF REPLACEMENT SPECIFICATIONS
City of Carlsbad
405 Oak Avenue
Carlsbad, California 92008
COMMUNITY DEVELOPMENT BUILDING
1996
PART I - GENERAL
1.01 RELATED DOCUMENTS
A. The attached are components of this section:
1. General Conditions
2. Bid Form
3.
1.02 SCOPE OF WORK
*
Statement of Roofing Material Manufacturers Qualifications
A. Furnish and install specified roofing and related components to the City of Carlsbad
Community Development Center totaliing approximately 23,000 square feet.
8. Work includes:
1.
2.
3.
4. Localized deck reattachment/repair/replacement
5. Installation of the following:
Removal and replacement of designated roofing
Removal of City designated equipment and equipment supports
Removal of existing flashings and counterflashings
a. Loose laid resin paper
b. One layer roof insulation
c.
d. Gravel surfaced
e. Specified flashings and accessories
f. New metal counterflashing
g. h. New copper roof drains
Cold process built-up roofing1 system
Re-caulking of tilt-up joints on parapet wall
1.03 QUALITY CONTROL
e
A. Contractor shall:
1.
2. Be acceptable by City
3.
4.
Be experienced in cold process built-up roofing.
a. Three years minimum
Be a Manufacturer Certified Contractor
Be approved by manufacturer. The contractor shall be required to acquire full-tir,
inspection days utilizing manufacturer’s technical inspectors. The minimum nurr
of technical service full time inspection days will be three (3) days.
Not have been in Chapter 7 during the last ten (10) years.
Provide list of at least five projects available for inspection employing same systt
within 50 mile radius of City.
5.
6.
B. Roofing material manufacturer shall:
1.
2.
Be Associate Member in good standing with National Roofing Contractors’
Association (NRCA) for at least five (5) years
Be nationally recognized in roofing, waterproofing, and moisture survey industry
CNTOB007.FM 1 /29/91
49 I)
strength of suppliers are a requirement of the building owner, proof of such I
be shown. To this end, the following information is required by the building
a. The manufacturer must present to the building owner a certificate of inst
for product liability with minimum limits of $100 million.
b. The. manufacturer must have a current net worth equivalent to 25% of yc
sales and demonstrate such with a financial statement supported by an
from a corporate officer.
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 on
manufacturing company in order to insure consistent quality. The material
manufacturer supplying material for the building owner’s roofs must manufac
least 70% of the materials, they supply, in facilities actually owned or solely I(
by said manufacturer. The material manufacturer shall submit verification of 1
foregoing by affidavit of corporate officer.
Building owner, to assure that the manufacturer can consistently deliver quali
materials, requires the Manufacturer to provide evidence of twenty (20) quartc
continuous plant inspections of roofing manufacturing sites over the past five
years by an independent Nationally Recognized Testing Laboratory (NRTL) a:
defined in 29 CFR Ch. XVII (7-1-93 Edition) from the Occupational Safety and
Ad ministration (OS HA).
Provide a Project Closeout Report upon delivery of the project warranty.
report shall include the following sections:
a. Project specifications
b. Project summary
c.
d. Job progress photos
e. Warranty document
f.
g.
The roofing material manufacturer will be IS0 9001 Certified.
a.
b.
c.
6.
7.
8.
Progress reports as a result of roof inspections
Owner’s Manual describing maintenance and emergency repair
Inspection report to be completed by the roofing material manufactur two years from project completion.
Manufacturer will provide proof of IS0 9001 Certification by submitting a (
of the Certificate of Registration.
Manufacturer’s products will be produced per specifications developed ur l
design control procedures per IS0 9001 requirements.
The assessment body providing certification 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 cred
assessment of the manufacturer‘s quality system.
9.
10. Provide Cii names of at least four qualified applicators
1 1. Employ full-time Field Technical Setvices Representative available for final roof
inspect ion
12. Provide local Field Representative to make periodic site visits, report work qual
and job progress
13. Provide list of at least 10 projects available for inspection employing same roof
system within 25 mile radius of City.
14. The presence and activity of the manufacturer’s/ specifier’s representative and/
City’s representative shall in no way relieve the contractor of contractual
responsibilities or duties.
CNTM007 FM 11291
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C. Project meetings:
1. Pre-Bid Conference:
a.
b. Attendance:
Will be held at place and time determined by city.
1) Roofing material manufacturer/specifier
2) Contractor
3) city.
*
c. Agenda:
1) Review of specification.
2) Walkover inspection.
Will be scheduled by City within fifteen (15) days after notice of award.
1) Roofing material supplier/specifier
2) Contractor
3) Representative of City.
1) Walkover inspection.
Will be scheduled by City as required.
1 )
2. Pre-constniction conference:
a.
b. Attendance:
c. Agenda:
3. Progress meetings:
a.
b. Attendance:
Roofing material manufacture r/s pecifie r/ contractor.
2) clty.
c. Minimum agenda:
1) Review of work progress.
2) Maintenance of progress schedule.
3) 4. Final inspection:
a. Will be scheduled by roofing material manufacturer upon job completion.
b. Attendance:
1) Contractor.
2) Roofing material manufat:turer/specifier.
1) Walkover inspection.
2)
Maintenance of qualrty aind work standards. a
c. Minimum agenda:
Identification of problems; which may impede issuance of warranty.
D. Random sampling:
1. Roofing material:
a. During course of work, Crty’s Representative may secure samples according
ASTM Dl40-93 of materials being used from containers at job site and subn
them to an independent laboratory for comparison to specified material.
Should test resutts prove that a material is not functionally equal to specifiec
material:
1)
2)
b.
Contractor shall pay for ell1 testing.
Roofing installed and found not to comply with the specifications shall k
removed and replaced at no change in the contract price.
CNTQ6007 FM 1 /29/96
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E. Regulatory requirements:
1. Uniform Building Code
2.
3.
UL Classified Fire Rating - UL 790
a. Class A
UL Classified Wind Uplift Resistance - UL 1897
F. Plans and specifications:
1. Contractor must notify City and specifier of any omissions, contradictions or
conflicts seven (7) days before bid date. City and specifier will provide neces:
corrections or additions to plans and specifications by addendum. If Contract)
does not so not@ Crty and specifier of any such condition, it will be assumed
the Contractor has included the necessary items in the bid to complete this
specification.
It is the intent that this be a completed project as far as the contract documenl
forth. It is not the intent that different phases of work on this project be delegaf
various trades and subcontractors by the contract documents. Contractor mu$
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 City for the completed project.
If the Contractor feels a conflict exists between what is considered good roofin!
practice and these specifications contractor shall state in writing all objections 1
to submitting quotations.
It is the Contractor’s responsibilrty during the course of the work to bring to the
attention of the Crty‘s representative any defective membrane, insulation or dec
discovered where not previously identified.
2.
3.
4.
1.06 DELIVERY, STORAGE AND HANDLING
A. Delivery of materials:
1.
2.
3. Coordinate delivery with City.
Do not order project materials or start work before receiving City’s wriien approval.
Deliver materials to job-site in new, dry, unopened, and well-marked containers
showing product anal manufacturer’s name.
Deliver materials in sufficient quantity to allow continuity of work.
B.
C. Storage of materials:
1.
2.
Store roll goods on ends only. Discard rolls which have been flattened, creased
otherwise damaged. Place materials on pallets. Do not stack pallets.
For insulation, remove plastic packaging shrouds. For felt rolls, slit the top of thc
plastic shrink wrap only. Cover top and sides of all stored materials with tarpauli
(not polyethylene). Secure tarpaulin.
No materials may be stored in open or in contact with ground or roof surface.
Should Contractor be required to quickly cover material temporarily, such as dur
an unanticipated rain shower, all materials shall be stored on a raised platform
covered with secured canvas tarpaulin (not polyethylene), top to bottom.
3. Rooftop storage: Disperse material to avoid concentrated loading.
4.
5.
CNT06007 FM 1 f 29/96 43
6. Contractor shall assume full responsibility for the protection and safekeeping o
products stored on premises.
D. Material handling:
1.
2.
Handle materials to avoid bending, tearing, or other damage during transportal and installation.
Material handling equipment shall be selected and operated so as not to dame
existing construction or applied roofing. Do not operate or situate material har
equipment in locations that will hinder smooth flow of vehicular or pedestrian tr
a
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 wc
B. Existing conditions:
1. Building space directly under roof area covered by this specification will be utili
by on-going operations. Do not iinternrpt City operations unless prior wriien
approval is received from City.
Access to roof shall be from exterior only. 2.
C. Asbestos:
1. Contractor agrees to exonerate, indemnify, defend, and hold harmless roofing
material manufacturer and City from and against all claims, demands, lawsuits,
damages, expenses and losses incurred by Contractor’s removal of asbestos-
containing materials from Crty’s building and work site. Contractor must condu
operations according to applicablle requirements including but not limited to thc
established by:
a.
b. Environmental Protection Agency (EPA)
c. Department of Transportatiorr (DOT)
d. State or Local Air Pollution Control authorities/agencies
e. State or Local Solid Waste oir Hazardous Waste authorities/agencies
f. State or Local Health Department(s)
g. State or Local Building Code authorities
h. Other federal, state or local agencies or authorities
Contractor or Crty shall perform appropriate inspections, surveys and file timely
notifications to proper authorities prior to starting roof renovation or demolition
activities. Inspectors, project planners, project managers, contractors and work
involved in the roof project shall have appropriate training, licenses and
registrations. Contractor and City shall be responsible for determining and
implementing regulatory compliarice activities, including but not limited to work
practices, engineering controls, personal protection, air monitoring, testing, hazg
communication, material handlingi, record retention, and arranging for waste
disposal/handling.
e
Occupation Safety and Health Administration (OSHA)
2.
CNTO8007.FM 112915
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3. Contractor must file a Uniform Hazardous Waste Manifest from proper landfill
for each load of asbestos-containing material removed. Copies must be sent
and material manufacturer/specifier. Transportation of waste shall be in accc
with applicable Department of Transportation (DOT) requirements.
D. Safety requirements:
1.
2.
3.
4.
5.
All application, material handling, and associated equipment shall conform to
be operated in conformance with OSHA safety requirements.
Comply with federal, state, local and City fire and safety requirements.
Advise City whenever work is expected to be hazardous to City, employees, I
operators.
Maintain a crewman as a floor area guard whenever roof decking is being reF
or replaced.
Maintain fire extinguisher within easy access whenever power tools, roofing kl
and torches are being used.
E. Waste Disposal:
1. Do not re-use, re-cycle or dispose of material manufacturer’s product contain6
except in accordance with all applicable regulations. The user of manufacture
products is responsible for proper use and disposal of product containers.
F. California Proposition 65: Contractor will post all notices, make all communication
otherwise comply with California Proposition 65 requirements concerning notificatic
those who may be exposed to Proposition 65 listed chemicals, as revised from tirn
time. Contractor will also comply with other requirements concerning the safe use
handling of roofing materials, including preventing vapors from entering buildings.
G. Environmental requirements:
1.
2.
Do not work in rain, or in presence of water.
Advise City when volatile materials are to be used near air ventilation intakes s
they can be shut down or blocked as city requires.
1.08 SuBsnnmoNs
A. When a particular make or trade name is specified, it shall be indicative of standard
required. Bidders proposing substitutes shall submit the following seven days prior
bid date to City:
1.
2.
Written application with explanation of why it should be considered
Accredited testing laboratory certificate comparing substitute’s physical/perforn
attributes to those specified.
6. Only substitutes approved in writing by City prior to scheduled bid date will be
considered.
Notification of approvals will be mailed at least three days before bid opening.
Crty reserves right to be final authonty on acceptance or rejection of any substitute.
C.
D.
1.09 PAYMENT SECURITY
CNT06007 FM 1 /29/<
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A. Any of the following:
1. Payment & Performance Bonds: Contractor purchases payment and performar
bonds for benefit of City and material supplier. Bonding company/surety shall I
rated B+ or better in current Key Rating Guide as issued by A. M. Best Co., 0 Oldwick, NJ.
6. Progress payments:
1.
2.
Contractor shall establish with City, City’s procedure for payment and retainage
prior to commencement of work on this project.
Partial or progress payments shall not relieve Contractor of performance obliga
under this contract, nor shall suclh payments be viewed as approval or acceptat
of work performed.
Final payment shall be withheld until all provisions of the specifications are met. 3.
1.1 0 UNIT PRICES
A. Quote unit prices on:
1. Deck replacement - $/sq. ft.
1 .ll WARRANTYiGUARANTEE
A. Guarantee:
Upon project completion and Clty acceptance, effective upon complete paymen
Contractor shall issue City a guarantee against defective workmanship and
materials for a period of two (2) years.
6. Warranty:
1. Upon project completion, Manufacturer acceptance, and once complete paymei
has been received by both Contractor and Manufacturer, Manufacturer shall del
to City a ten (10) year manufacturer Roofing System Quality Assurance Warrant!
and Owner’s Manual. Manufacturar will, during the second and fifth year of this
warranty, inspect and provide a written Executive Summary.
0
CNT06007 FM 1/29/9
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PART II - PRODUCTS
2.01 GENERAL
A. Comply with quality control, references, specifications, and manufacturer's data.
Products containing asbestos are prohibited on this project. Use only asbestos-f
products.
Use products with personal protection. User must read container label and mater
safety data sheets prior to use.
8.
2.02 ACCEPTABLE MANUFACTURERS
A.
B. Or City's pre-approved equal.
Tremco Inc., Vernon, California 90058
2.03 ROOF DECKING
A. Wood deck repair materials:
1.
2. Purlins and subpurlins:
Plywood roof sheathing: APA C-D Rated Sheathing, Exposure 1, Structural 1,
32/16, 4/5 ply, PS 1-83.
a.
b.
Free from warping and visible decay.
Design value equal to or greater than existing purlin/subpurlin design vali
2.04 WOOD BLOCKING & CURBS
A. Lumber:
1. Douglas Fir, Treated.
2.06 INSULATION
A. Single layer:
1.
2.
FS HH-I-1972/2(1), Class 1, isocyanurate.
Black, glass fiber reinforced, non-asphattic facer.
6. Single layer thickness: 4' x 8' x 1.5'.
2.07 MECHANICAL FASTENERS
A. Base sheet to wood deck:
1.
2. Acceptable manufacturers:
Nails: Spiral or annular ring shank, twelve (1 2) gage minimum, with integral 1 it
cap (25.4 mm).
a.
b.
National Nail Corp., Grand Rapids, MI.
Simplex Nails, Inc., Americus, GA.
CNTQ6007.FM 1 /29/!
blp
B. Insulation to wood deck:
1.
2.
3.
4.
5.
6.
Deckfast #12 screw, plastic disc or metal plate by Construction Fasteners, lnc. Wyomissing, PA.
Insul-Fixx #12, plastic disc or metal plate by SFS Stadler, Brunswick, OH.
Insul-Tite #12, plastic disc or metal plate; Burlington Mfg. Corp., Archbold, OH.
Olympic Fastener #12-10, plastic: or metal plate by Olympic Manufacturing Grol Agawam, MA.
Raw1 Deck #12 Deck Screw, plastic or metal plate by The Rawlplug Co., Inc., F
Rochelle, NY.
ROOFGRIP, plastic disc or metal plate by ITW Buildex, Itasca, IL.
e
C. Wood to wood:
1.
2.
Galvanized, common, annular ring nail.
Length: Sufficient to penetrate underlay blocking 1-1/4 inches (32 mm).
Kwik-Bolt 3/8 inch (9.53 mm) diameter countersunk stud anchors by Hilti Faster
Systems, Tulsa, OK.
Length: Sufficient to provide minimum 1-1/2 inches (38 mm) embedment.
D. Wood to concrete:
1.
2.
Wood decking to wood purlins:
1.
2. Acceptable manufacturers:
E.
Type: Galvanized, common, annular ring nail. Length: Sufficient to penetrate
underlay blocking 1-1/4 inches (32 mm).
a. Independent Nail, Inc., Bridgewater, Maine
b. W. H. Maze Co., Pew, Illinois;
c. National Nail Co., Grand Rapids, Michigan
d. Hillwood Manufacturing Co., Cleveland, Ohio
F. Galvanized sheet steel to wood blocking:
1. FS FF-N-1056(3) Type 11, Style 20, roofing nails; galvanized steel wire, flat head,
diamond point, round, barbed shrank.
2. Length: Sufficient to penetrate wood blocking 1-1/4 inches (32 mm) minimum.
*
G. Drawband:
1.
2.
Gold Seal stainless steel worm gaar clamp by Murray Corporation, Cockeysville,
Maryland.
Power-Seal stainless steel worm drive clamps by Breeze Clamp Company,
Saltsburg, Pennsylvania.
2.08 ROOFING MATERIALS
A. Adhesives:
1. interply adhesive:
2. Surfacing adhesive:
a. BURmastic LV. by Tremco.
a. BURmastic LV. by Tremco.
6. Nailed resin sheet to deck:
1. Sheathing paper:
CNT08007 FM 1/29/91
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a. ASTM D 549-74 (1982), rosin sheathing paper,
C. Base Sheet:
a. Burmastic Composite Ply by Tremco.
D. Ply sheet:
2. ASTM D 4601, Type II
E. Related materials:
3. Asphatt mastic:
a. ELS by Tremco.
4. Cant strip:
a.
5. Flashing adhesive:
a. ELS by Tremco.
6. Flashing membrane:
a.
7. Flashing ply:
a.
8. Pitch pan cement:
a.
9. Pitch pan mastic:
a. ELS by Tremco.
10. Roofing aggregate:
a.
b.
ASTM C 208-94, coated fiberboard.
THERM MB 4PFR by Tremco.
ASTM D 4601-91, Type II.
ASTM C 928-92a, rapid hardening non shrink grout.
Hard, durable, opaque; double washed free of clay, loam, sand or other f(
substances.
Do not use: Crushed gravel, white dolomite (marble chips), Joplin chats,
scoria, limestone, volcanic rock, cnrshed oyster and clam shells, crushed
tile, or cinders.
ASTM D 1863-93, site six (6).
Orawband sealant, Reglet Joint Sealant.
1) TremSEAL GP by Tremco.
1) TremSEAL HP by Tremco
3 ft. x 5 ft. (91 5 mm x 1530 mm), granule surfaced, fiberglass reinforced
asphattic pad.
c.
a.
b. Tilt-Up Joint Sealant:
1 1. Sealants:
12. Walkway panels:
a.
2.09 METAL FLASHINGS
A. Edge flashing:
1. Galvanized, pre-painted: Twenty-four (24) gage minimum, galvanized steel;
commercial quality, Fed. Spec. QQ-S-775, Type I, Class D or ASTM A 526 or
lockforming quality ASTM A 527, G90 coating in accordance with ASTM A 525.
sheet metal to be pre-painted.
a. Paint finish at exposed side: Factory applied baked-on two (2) coat syster
comprised of one (1) coat of full 70% resin fluorocarbon (polyvinylidene flu1
PVF2) by Kynar 500 or accepted substitute over a smooth coat of corrosio
resistant epoxy-based primer. Color as selected by city.
CNTD6007 FM 1 /29/!
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b.
c.
Finish at underside shall be a washcoat over a coat of corrosion-resistant
epoxy-based primer.
Repaint existing sheet metal scheduled for reuse; two (2) coats of Alkyd SC
gloss Enamel over one (1) coat of galvanized steel primer. Ameritone, Kell
Moore, Miller, Rodda or accepted substitute.
2.
Counterflashing (new reglet mounted counterflashing):
1.
Fascia width: 3 inch minimum. e
6.
Galvanized Steel: ASTM A 526-85, sheet steel with 1.25 oz./sq. (3.82 g/m?
galvanized coating.
a. Gage: Twenty-four (24).
b. Solder: ASTM 832-89, alloy grade 60A. Neutralize flux after soldering.
Galvanized Steel: ASTM A 526-8!5, sheet steel with 1.25 oz./sq. (3.82 g/m?
galvanized coating.
a. Gage: Twenty-four (24).
b.
D. Lead Flashings:
C. Pitch pans with hood:
1.
Solder: ASTM 832-89, alloy grade 60A. Neutralize flux after soldering.
1.
Work shall be in accordance with Architectural Sheet Metal Manual, as issued by Sh
Metal and Air Conditioning Contractor!:’ National Association, Inc., (SMACNA).
ASTM B 29-79(1984), 4 Ib. (1.82 kg) sheet lead.
E.
e
CNTQ6007 FM 112919
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2.1 1 SYSTEM PERFORMANCE REQUIREMENTS:
A. COLD PROCESS INTERPLY AND SURFACING ADHESIVE
PropertV Tvpical Value Test Method
Asbestos content
Viscosity @ 25°C None ASTM D 276-87
ASTM D 2196-86
Density @ 25°C 970 kg/m3 ASTM D 1475-90
Nonvolatile Matter 67% ASTM D 4479-93 Asphalt content, min 42% ASTM D 4479-93 Flash point > 37°C (1 00°F) ASTM D 93-94
80 - 200 Pas
(80000-200000 cP) (1 991)
(8.1 IbJgaI.)
ASTM D 4479-93 Uniformity & Pass
Consistency
B. BURMASTIC ADHESIVE L.V.
Property Tvpical Value Test Method
Asbestos content None ASTM D276-87 Viscosity @ 25°C 80 - 200 Pa5 ASTM D2196-86
(80000-200000 cP) (1 991) Density @ 25" C 982 kg/m3 ASTM Dl47590
(8.2 Ib./gal.)
Nonvolatile Matter 75% ASTM 04479-93
Flash point > 37°C (1 00°F) ASTM 093-94 Uniformrty & con-
voc* 240 g/L ASTM D3960-93 * Volatile Organic Compound
Asphatt content, min 45% ASTM 04479-93
sistency Pass ASTM 04479-93
CNTW007 FM 1 /29/5 @
C. ASTM D 4601-86, TYPE II FIBERGLASS BASE SHEET
Propertv Tvpical \/alue Test Method
Weight 1 .6 1 kg/m2 ASTM D 228-90a (33 Ib/l010 ft')
Breaking strength 15.7 N/mm MD ASTM D 146-90
e
(90 Ibf/in.)
12.3 N/rnm XD
(70 Ibf/in.)
Pliability, 12.7 mm No failures ASTM D 146-90
Mass of desaturated 83 g/m2 ASTM D 146-90
Surfacing and stabi- 65% ASTM D 16-90
(1 /2") radius
glass mat, min
lizer, max
(1.7 Ib/lOO ft2)
Asphalt 488 g/m2 ASTM D 228-90a (10 lb/1010 ft2)
Ash (glass mat only) 70 - 88% ASTM D 146-90
D. BURMASTIC 100 SYSTEM (3 Ply Burmastic Glass Ply/Burmastic)
ProDertv Typical Value Test Method
Impact resistance @ 0 (Ave.) ASTM D 3746-85 -18°C (0°F)
Thermal shock factor 424°C (795°F) MD NBS BSS No. 55
349°C (660oF) XD e
Tensile strength @ MD ASTM D 2523-78 (1 984)
-18°C (0°F) (382 Ibf/in.)
XD
(348 Ibf/in.)
Elongation @ -18°C 2.7% MD ASTM D 2523-78 (1 984)
(0°F) 2.5% XD
Coefficient of linear 1.9E-05 in/in/oF MD ASTM C 426 (Modified)
thermal expansion 2.2E-05 in/in/oF X0
CNTBB007 FM 1 /29/!
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E. ELS
ProDertV TvDical Value Test Method
Asbestos content None ASTM D 276-87 Viscosity @ 25°C 480 - 1000 Pas ASTM D 2196-86
Density @ 25°C 1 1 14 kg/m3 ASTM D 1475-90
Nonvolatile Matter 80% ASTM D 4586-93 Behavior at 140" F ASTM D 4586-93
(77°F) (480000-1 000000 CP) (1 991)
(770- (9.3 Ib/gal)
3.18 mm (1/8 in.) (Sag Resistance)
tranmission rate
Moisture vapor 1.55 - 6.2 g/m2/24 ASTM E 398-83
hrs. @ 0.51 mm
in.2/24 hrs @ 0.020 in.)
thickness
(0.10 - 0.40 g/l 00
F. THERM MB 4PFR
ProDertv TvDical Value Test Method
Thickness 0.160 in (4.0mm) ASTM D 51 47-91
Tensile Strength 148 Ibf/in MD ASTM D 5147-91 @ 0°F (-1 8°C) (25.9 kN/m)
122 Ibf/in XD
(21.4 kN/m)
Elongation 58% MD ASTM D 5147-91
Low temperature -15°F (-26%) ASTM D 5147-91
@ 0°F (-18%) 55% XD
flexibilrty
CNTW007 FM 1 /29/E
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G. TREMSEALGP
TvDical Value Test Method Property
Tensile strength 1241 kPa (180 psi) ASTM D 412-87 Ultimate elongation 550% ASTM D 412-87 Ad hesion-in-peel 4.4 N/mm ASTM C 794-80 (1 986) (25 Ibf/in.)
0
Weep & sag Passes ASTM C 639-83
Weight-loss, cracking Passes ASTM C 792-75 (1 987)
Staining Passes ASTM C 510-77 (1983)
& chalking after
heat aging
(77"F), 50% RH
(Shore A)
(Bond & Cohesion) (On mortar,
granite, and
anodized aluminum
at f 25% movement)
Hardness @ 25°C 25 -+ 5 ASTM C 661-86
Du rabil ty Passes ASTM C 719-86
e
CNT06007 FM 1 /29/<
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L
PART 111 - EXECUTION
3.01 EXAMINATION
A.
8.
Veri conditions as satisfactory to receive work.
Do not begin roofing until all unsatisfactory conditions are corrected. 8eginning vi
constitutes acceptance of conditions.
Veri that work of other trades penetrating roof deck or requiring men and equipn
traverse roof deck has been approved by City, manufacturer, and roofing contract
Check projections, curbs, and deck for inadequate anchorage, foreign material,
moisture, or unevenness that would prevent quality and execution of new roofing
system.
C.
D.
3.02 GENERAL WORKMANSHIP
A.
B.
C.
0.
E.
F. Entrapped aggregate: Mot permitted within new membrane. Its discovery is sufficic
All work performed by the CONTRACTOR shall conform to this specification.
Substrate: Free of foreign particles prior to laying roof membrane,
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.
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 clampin(
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 SI
which are not fully and continuously bonded.
Plies: Prior to placement, cut ply sheets in 18 - 20 ft. (5.5 - 6.1 meter) lengths. Allc lengths to relax at least 30 minutes, 55°F (13°C) or above; 60 minutes, below 55°F
(13°C). Stack lengths. Do not reroll.
G.
H.
I.
J.
K.
L. Cold process adhesive heating:
1. An in-line heat exchange unit may be used to facilitate application.
a. Maximum adhesive temperature: 100°F (38%). Do not exceed the flast
point of the adhesive.
CNT06007 FM 1 /29/E
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2.
3,
Heat exchange unit: Filled with heat transfer oil approved by equipment
manufacturer.
Follow operation procedures as recommended by equipment manufacturer.
3.03 PREPARATION
A. Protection:
a
1. Contractor shall be responsible flor 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 City.
Provide at site prior to commencing removal of debris, a dumpster or dump tru
be located adjacent to building where directed by City.
Roofing, flashings, membrane repairs, and insulation shall be installed and seal
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
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 install
roofing material on same day anti 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 store
areas as work progresses.
7. Protect building surfaces at set-up areas with tarpaulin. Secure tarpaulin. Rem
dumpster from premises when full and empty at approved dumping or refuse e
Deliver empty dumpster to site for further use. Upon job completion, dumpster
shall be removed from premises. Spilled or scattered debris shall be cleaned-u
immediately. Removed material to be disposed from roof as it accumulates.
At end of each working day, removal areas shall be sealed with water stops aloi
edges to prevent water entry.
Provide clean plywood walkways and take other precautions required to prevenl
tracking of aggregate/debris from existing membrane into new work area where
aggregate/debris pieces can be trapped within new roofing membrane. Contrac
shall instruct and police workmen1 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.
2.
3.
4.
5.
6.
8.
9.
0
8. Surface preparation:
1. Remove: Existing roofing, insulation to roof deck.
2. Sweep clean roof deck.
3.
4.
Remove flashings and counterflashings to substrate.
Remove as directed by City:
a. Unused equipment.
3.04 CARPENTRY
A. Wood curb locations:
CNTQf3007 FM 1 /29/9
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1.
2.
Mechanically attach wood blocking to deck at all wood curb locations. Minim
fasteners per section.
Offset blocking layers 12 inches (300 mm), weave corners.
a. Blocking thickness: Equal to final insulation thickness.
b.
Install wood cants to blocking. Nail two (2) rows staggered to horizontal and
vertical substrates. Spacing in any one (1) row shall not exceed 24 inches (6
mm) .
Blocking width: 4 inches (100 mm) nominal.
3.
B. Pitch pocket locations:
1.
2.
3.
4.
Mechanically attach wood blocking to stmctural deck at all pitch pan location3
minimum 2 fasteners per section.
Offset blocking layers 12 inches (300 mm); weave corners.
Blocking thickness: Equal to final insulation thickness including tapered edge.
Width: 4 inches (100 mm), nominal
C. Wood blocking fastening pattern:
X X X X X X 1
X X X X X X
D. Light metal parapet cap locations (along front windows):
1. Mechanically attach wood blocking to top of parapet with 3/8 inch (9.5 mm)
diameter wedge anchors 4 feet o.c., minimum 2 fasteners per section of blocki
Countersink anchors flush with blocking surface.
a.
b.
Blocking thickness: 2 inches (50 mm) nominal.
Blocking width: Flush with edges.
3.06 ROOF DECK REPAIRS
1. 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.
2. Plywood deck replacement:
a. Remove deteriorated deck panels. Examine joists for rot. If unsound, COI
City immediately for future action.
b. Attach new decking 6 inches (150 mm) O.C. at edges; 12 inches (305 mm)
at intermediate supports.
c. Provide 1/8 inch (3.2 mm) gap between panels at panel edges.
3.08 RESIN SHEET
CNTW007 FM 1 /29/E
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A. Ensure deck is dry.
8. 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.
3.09 THERMAL INSULATION
e
A. Mechanically attach insulation to deck.
1.
Install additional fasteners to ensure insulation is firm under foot.
Drive mechanical fasteners flush to top surface.
Filler insulation requires 2 fasteners per piece minimum.
Fastener density: 1 every 2 sq. ft. (1 every 0.1 9 sq. meter.)
B.
C.
D.
3.1 1 ROOF SYSTEM APPLICATlON
A. Base Sheet Installation: Over new roof insulation, Install Composite Base sheet in
uniform and continuous application of
Interply Adhesive applied at a rate of 2 - 2 V2 gallons per 100 square feet. Ply shall
never touch ply. Side laps: 2", End bps: 6' minimum and staggered. Lightly brooi
roll base sheet to assure complete contact. Extend base sheet to top edges of all (
and cut off evenly. Install base sheet to ensure water will flow over or parallel to, b
never against exposed edges.
Ply Installation: Install two (2) plies of precut, relaxed ply sheet, shingle fashion o
base ply. Overlap starter strips 19 inches with first ply, then overlap each succeedii
ply 18-2/3 inches. Place ply sheets to ensure water will flow over or parallel to, but
never against exposed edges.
Use 18 & 36 inch wide plies to start and finish roof membrane along roof edges anc
terminations.
Immediately after installation, broom and/or roll ply sheet. Ensure complete and
continuous seal and contact between adhesive and felts, including ends, edges anc
without wrinkles, fish mouths, or blisters. Broom/roller width: 34 inches minimum.
Apply uniform and continuous pressuire to exposed edge and end laps to ensure
complete adhesion.
Avoid walking on plies until adhesive has set.
Overlap previous day's work 24 inches (610 mm).
Lap ply membrane ends 4 inches (100 mm). Stagger end laps 3 feet (910 mm)
minimum.
Embed each ply in a uniform and continuous application of cold process interply
adhesive. lnterpiy application rate: 3 gallons per 100 sq. ft. (1.2 4m2).
B. e
A.
B.
C.
D.
E.
F.
G.
CNTQ6007 FM 1 /29/!
@
a
3.12 DAILY WATERSTOP/TIE-INS
A. Remove embedded gravel/debris from top ply of fett along termination.
1.
Adhere 12 and 18 inch (305 and 460 mm) wide ply sheets from exposed deck to
existing roofing with a continuous 1/16 inch (1.6 mm) thick application of tie-off m;
Glaze cut-off with surfacing mastic. Extend 18 inch (460 mm) wide felt 3 inches (E
either side 12 inch (305 mm) felt.
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 embeddec
between atternate courses of tie-off mastic.
At beginning of next day’s work remove temporary connection by cutting felts wet
along edge of existing roof system.
Width: 18 inches (460 mm).
B.
C.
0.
3.1 5 FLASHINGS
A. General flashing requirements:
1. MB Flashing:
a. Adhere one (1) ply flashing ply to flashing substrate in a continuous
application of asphalt mastic. Remove wrinkles and voids. Overlap sect
four inches.
Extend flashing ply 4 inches (100 mm) beyond toe of cant.
Cut modified bitumen flashing membrane in lengths not to exceed 10 fes
meter). Apply asphalt mastic to flashing ply in a continuous 1/16 inch (1.
mm) thick application. Adhere flashing membrane to mastic. Lap flashin
membrane ends 4 inches (100 mm); extend membrane 6 inches (150 mn
beyond toe of cant; press sheet firmly in place. Ensure complete bond a
continurty without wrinkles or voids. Adhere laps with asphatt mastic. SE
vertical laps of flashing membrane with reinforcing membrane embedded
between atternate continuous courses of asphatt mastic. Allow sufficient t
time (3 weeks), then coat with Polarcoat. At perimeter walls, 3 course tor
edge of Modified flashing before installing counterflashing.
b.
e.
2. Base flashing height:
a. Not less than 8 inches (200 mm), not higher than 12 inches (305 mm) ab(
finished roofing surface.
Two-ply Stripping for metal flanges:
a. Set flange in asphalt mastic. Seal flange with two (2) stripping plies
embedded between atternate applications of stripping ad hesive/bitumen.
Extend first ply 4 inches (100 mm) beyond flange; second ply 2 inches (5C
mm) beyond first ply.
3,
B. At perimeter parapet: (Installation of new reglet mounted counterflashing).
1. Saw cut reglet joint into parapet wall a minimum of 8” above completed roof
surface.
CNT-007 FM 1 J29JS 49
2.
3.
Install modified bitumen base flashing as described in general flashing requirer
section.
Install new reglet mounted 24 gage galvanized metal counterflashing.
Counterflashing shall extend a minimum of 4" below reglet joint. Caulk reglet j(
with Tremseal G.P.
6. At wood curb flashings:
e
1.
2.
3.
4.
5.
Raise existing equipment if necessary.
Install new roofing to top edge of cant. Nail 8 inches (200 mm) O.C. with spiral
annular nails, with a 1 inch (25 mm) cap.
Install modified bitumen base flashing as described in genera! flashing requiren
section.
Secure top edge of flashing to substrate with spiral or annular shank nails, with
inch (2.54 cm) cap, 8 inches (20.3 cm) O.C.
Install new 24 gage galvanized tucker flashing to all sheet metal pans. Caulk
fasteners with Tremseal G.P.
D. At plumbing vents:
1.
2.
3.
Wedge plumbing vent tight against deck.
Apply 1/16 inch (1.6 mm) uniformly thick layer of asphatt mastic to surface rec~
metal flange.
Fabricate and install plumbing vent flashing from lead. Flange: 4 inches (100 n
wide minimum; extend completely around periphery of vent flashing. Set flangt
into mastic. Neatly dress flange with wood block.
Prime metal flange with asphalt primer.
a. Pipe outside diameter greater than 2 inches (50 mm): Bend lead inside p
inch (25 mm) minimum with pliers or rubber/plastic mallet; replace crackec
lead.
Pipe outside diameter 2 inches (50 mm) or less: Cut lead at vent top:
fabricate and install integral lead cap.
4.
b.
Fabricate and install plumbing vent flashing from copper. Flange: 4 inches (lo(
mm) wide minimum; extend completely around periphery of vent flashing. Prim
metal flange with asphalt primer. Set flange into mastic. Fabricate and install
integral copper capat vent top.
a. Mechanically fasten plumbing vent to substrate, 3 inch (75 mm) O.C.
staggered.
Install two (2) ply stripping for metal flanges as described in general flashing
requirements section.
At copings (along windows only)
1. Installation of light metal parapet cap.
a. Install wood blocking.
b.
0
5.
6.
E.
Install continuous bent cleat on outside edge of wood blocking. Cleat she
1 gage heavier than coping cover. Lap ends 1 inch (25 mm). Nail 16 incl
(400 mm). Install shims or beveled wood strips to provide inward slope to finished co
cap.
c.
CNTW007 FM 1 /29/5
@ a
d.
e.
Place a base sheet fett over top of parapet blocking. Extend down 2 ir
(50 mm) minimum over edges.
Fabricate and install coping cover. Connect coping sections with 1-1/4
(32 mm) high standing seam. Extend front and rear sides of cover 2 ir
(50 mm) beyond wood blocking. Bend lower edges out 30 degrees m,
to form drip edge. Attach outside edge to continuous cleat with 3/4 in(
mm) lock. Attach inside edge to wood blocking 24 inches (610 mm) 0.
corners, form standing seam and miter.
F. At pitch pans:
1. Fabricate pitch pans. Sides: 4 inches (100 mm) high, hemmed to outside at
edge. Flange: 4 inches (100 mm) wide, completely around periphery. Clea
between projection and pitch pan: 2 inches (50 mm). Set flange in mastic.
Pack gap between roof-penetrating element and deck with compressible insu
Seal with reinforcing membrane embedded between alternate courses of asp
mastic.
3. Nail flange to wood blocking 3 inches (75 mm) o.c., staggered.
4. Prime metal flange, projection, and pitch pan interior with asphalt primer.
5. Install two (2) ply stripping described in general flashing requirements sectior
6. Fill pitch pan to within 1 inch (25 mm) from top with non shrink grout. Allow tc
firm.
7. Fill pitch pan with asphalt mastic. Double fill if necessary.
8. Fabricate and install umbrella with drawband over pitch pan. Tighten drawbai
9. Wipe clean top of umbrella and projection with metal cleaner. Prime surface \
metal primer.
10. Caulk stacwsheet metal interface. Provide watershed. Tool neatly.
At roof drains: (Installation of new copper drains)
1.
2.
G.
Install tapered edge strip around drain to create approximate 48 x 48 inch (1 2:
1220 mm) sump. Miter comers. Seal toe of tapered edge to drain rim with
reinforcing membrane embedded between atternate courses of asphatt mastic
Replace existing plastic drains with new Thunderbird copper drains. Size to rn
existing.
Plug drain to prevent water entry until service connection is completed.
Apply 1/16 inch (1.6 mm) uniformly thick layer of asphatt mastic to flange on c
drains.
Install two (2) ply stripping described in general flashing requirements section.
Drains shall be immediately replaced and connected on the same day so I
not to prevent a potential safety hazard from backed up roof drains and 81
load capacity for the roof deck.
2.
3.
4.
5.
6.
H. Recaulklng of Tllt Up Joints:
1, Clean out joints from outside top edge of parapet wall, to roof deck on inside c
parapet wall.
CNT06007 FM 1/29!
€B
2. Install round, closed cell polyethylene, non-bleeding neoprene or butyl rod unc
30% compression into joint. Do not install more joint-backing than can be sea
during same day.
Prime joints with Primer #1 evenly applied in two consecutive coats completel!
covering inside face of joint. Primer must be tack-free before installing sealant
After thoroughly mixing sealant according to directions on container, apply set
with conventional caulking equipment. Fill joint completely.
Immediately after application, tool sealant to ensure firm, full contact with joint
interfaces. Tooling agents may be utilized.
Cure rate: Initial set 16-24 hours at 75 degrees. Tack-free- 2-3 days.
Immediately remove excess sealant adjacent to joint with mineral spirits.
3.
4.
5.
6.
7.
a
1. Replacement of T-top vents,
1. Replace existing "T-top" vents with new 24 gage galvanized china caps. Vent
flanges shall be stripped in according to general flashings requirements.
3.1 7 SURFACING APPLICATION
A. Flood coat:
1.
2.
Prior to application of surface treatment system, contractor shall inspect roof w
manufacturer's representative.
Over entire roof surface spray apply uniform and continuous flood coat of
BURmastic LV.
a. Coverage rate: 5 gallons per 100 sq. ft. & '/z gallon per 100 sq. ft. (2.0 ut
0.20 urn',.
Immediately broadcast minimum 500 Ibs./l00 sq. ft. (24.5 kg/m2) of new, clean
roofing gravel. Cover flood coat material completely.
3.
0 3.18 WALKWAYS
A. Install walkway panels according to attached plan.
1. Adhere walkway panels to roofing in a spot application of asphatt mastic.
3.21 ADJUSTING AND CLEANING
A. Repair of deficiencies:
1. Installations of details noted as deficient during final inspection must be repairec
and corrected by applicator, and made ready for reinspection, within five (5)
working days.
8. Clean-up:
1.
2.
lmmedlately upon job completionl, roof membrane and flashing surfaces shall b
cleaned of debris.
Clean gutters and downspouts 01 debris.
STAEMENT OF ROOFlNG MANUFACTURER'S QUALIFICATIONS
Each bidder for the work included in the specifications and drawings and the contract
documents shall submit with their bid the data, requested in the following schedule of
information. This data must be included in and made part of each bid document and
contained in the sealed envelope. Failure to comply with this instruction may be regarded a
justification for rejecting the Contractor's Proposal. Submit one (1) copy of this statement.
1. Name of bidder
2. Name of material supplier
a
3.
4.
Number of years manufacturing this roof system
Location of wholly owned and operated manufacturing facilities.
Facility Facilrty
Product Product
Street Street
cny city
State State
% of product used
mfg at this plant
Facility Facility
Product Product
Street Street
% of product used
mfg at this plant
city city
State State
% of product used
mfg at this plant
% of product used
mfg at this plant
5.
6.
Submit Material Safety Data Sheets on products to be used.
Submit current independent laboratory resutts on roofing system that is proposed, prio
to award of contract.
The proposed roof system to be installed shall meet all local and state safety, heatth,
fire and building code requirements.
7.
CNTW007 FM 1 /29/!
@
Recording requested by: iD
CITY OF CARLSBAD
-T "T$; FEC@'gS LvFlii I..
When recorded mail to:
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad CA 92008
City Clerk $9' h re- *-iiy" PE~TDEP" DTFTi Jabj JIrbil l&!114 i \ d'fi ' J -r i GREG^^) ~fijTH (I [Ql&T'f EEI:D@E& 1084 FEES :
- - Space above for Recorder's use
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner of iiiierest or estate stated below in the property nereinafter 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 October 29, 1991
6. The name of the contractor, if any, for such work of improvement is Roejack Roofing, Inc.
7. The property on which said work of improvement was completed is in the City of Carlsbad, Count
San Diego, State of California, and is described as follows:
8. The street address of said property is:
COMMUNITY DEVELOPMENT REROOF Contract No. CS96-2
Carlsbad Community Development, 2075 Las Palmas Drive, Carlsbad CA 92009
CITY OF CARLSBAD
Pr4ddJAJ
Charles Walden
Facilities Superintendent
VERIFICATION OF CITY CLERK
I, the undersigned say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad CA 92008; the Cit
Council of said City on March 18, 1997, accepted the above work as complete and ordered that a Nc
Completion be filed.
I declare under penalty of perjury that the foregoing is, true and correct.
Executed on April 2 , 1997 at Carlsbad, California
CITY OF CARLSBAD
Aletha L. Rautenkranz, City Clerk J