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2019-11-19; City Council; ; Contract with Commercial Waterproofing Systems, Inc. for the Faraday Center Roof Refurbishment, Capital Improvement Program (CIP) Project No. 4720.
CA Review /tl-13- ~ CITY COUNCIL ~ Staff Report Meeting Date: To: From: Staff Contact: Subject: Nov. 19,2019 Mayor and City Council Scott Chadwick, City Manager Steven Stewart, Municipal Projects Manager Steven.Stewart@carlsbadca.gov, 760-602-7543 John Maashoff, Public Works Manager John.Maashoff@carlsbadca.gov, 760-434-2856 Contract with Commercial Waterproofing Systems, Inc. for the Faraday Center Roof Refurbishment, Capital Improvement Program (CIP) Project No. 4720. Recommended Action Adopt a Resolution authorizing execution of a contract with Commercial Waterproofing Systems, Inc. for the Faraday Center Roof Refurbishment, Capital Improvement Program (CIP) Project No. 4720 (Project), for an amount not to exceed $521,355. Executive Summary On Dec. 11, 2018, City Council adopted Resolution No. 2018-211 approving the plans and specifications for the Faraday Center Heating, Ventilating and Air Conditioning (HVAC) and Roof Refurbishment, and authorizing the city clerk to advertise for bid solicitation. Bids were received on Jan. 31, 2019, and were found to significantly exceed the construction estimate for this work. Staff rejected the bids, reevaluated the scope of combined work and has used the approved documents to re-advertise for roof refurbishment work only. The HVAC work on the roof has been completed by city facilities staff, and the remaining HVAC work scope is under review by city facilities staff. Staff prepared and solicited a Request for Bid (RFB) and nine bids were received on Sept. 26, 2019. Staff evaluated the bids and recommends award of a contract to the lowest responsive and responsible bidder, Commercial Waterproofing Systems, Inc. (CWS), for an amount not to exceed $521,355. City Council authorization of this contract is required per Carlsbad Municipal Code (CMC) Section 3.28.080(E), as the estimated value of this work is greater than $200,000. Discussion The Faraday Center roof refurbishment, part of the Faraday Center Refurbishment, CIP Project No. 4720, was created in fiscal year (FY) 2014-15. The overall scope of work included exterior waterproofing, new entrance doors, interior lighting and re-carpeting, selective HVAC replacement and roof refurbishment work. Facilities staff started on the re-carpeting and lighting work in FY 2015-16. The HVAC and roof refurbishment scopes of work were combined in Nov. 19, 2019 Item #7 Page 1 of 250 FY 2017-18 due to their interrelation at the roof level. During the design for the new HVAC equipment to be installed, the architect requested building structural calculations from the city building division for the roof structure to verify its capacity for supporting the weight of the new HVAC equipment. The city building division did not have these structural records on file, so a requirement for the contractor to provide an evaluation of the roof structure was included in their scope of work. A partial structural evaluation was conducted by the architect's structural consultant but they declined to comment on the roof truss load capacity citing liability concerns. This additional evaluation was referred to a deferred truss submittal in the Staff Report last December. A RFB was advertised on Dec. 31, 2018, and two bids were received on Jan. 31, 2019. Staff met to evaluate the bids and rejected them based on their wide range of values, above the project budget. Staff believes inclusion of the deferred truss submittal was a factor contributing to the elevated bid values received. Following receipt of the bids, staff retained a structural engineering firm to evaluate the roof structure and prepare a report on its structural integrity and load capacity. The structural engineering firm retained by staff evaluated the building structure, roof trusses and several settlement cracks noted around the building. Their report, dated Aug. 5, 2019, concluded that the roof structure was adequate to support the weight of the current equipment on the roof. During the past year, most of the roof-top HVAC equipment designated for replacement has failed and has been replaced by city facilities staff. There is now very little interrelation between the remaining HVAC to be replaced and the roof refurbishment work, so staff prepared a RFB for the roof refurbishment work only and advertised this on the city website in late August 2019 . following consultation with the City Attorney's Office. In response to this bid solicitation, nine bids were received on Sept. 26, 2019. Staff collectively evaluated the bids received and verified prior work experience. Staff recommends execution of a contract with CWS for the Project, for an amount not to exceed $521,355. Staff also recommends that the city manager, or his designee, be authorized to approve construction change orders up to $52,136. City Council authorization ofthis contract is required per Carlsbad Municipal Code (CMC) Section 3.28.080(E), as the estimated value of this work is greater than $200,000. Fiscal Analysis The contract with CWS is for an amount not to exceed $521,355. Infrastructure Replacement Funding has been appropriated for the Project as shown in the table below: Nov. 19, 2019 Item #7 Page 2 of 250 FARADAY CENTER REFURBISHMENT, CIP PROJECT NO. 4720 Current Appropriation -Infrastructure Replacement Fund $3,154,380 Current Expenditures/Encumbrances -Infrastructure Replacement Fund ($704,865) TOTAL AVAILABLE, FARADAY CENTER REFURBISHMENT, CIP PROJECT NO. 4720 $2,449,515 FARADAY CENTER ROOF REFURBISHMENT, CIP PROJECT NO. 4720 Construction Contract $521,355 Construction Contingency $52,136 Construction Management, Inspection and Materials Testing (estimated) $195,137 TOTAL ESTMATED CONSTRUCTION COSTS $768,628 REMAINING BALANCE AFTER ROOF REFURBISHMENT PROJECT $1,680,887 ADDITIONAL APPROPRIATION NEEDED $0 Next Steps Once contract documents are fully executed and a purchase order is issued, staff will schedule a pre-construction meeting with CWS and issue a notice to proceed for construction of the Project. Environmental Evaluation (CEQA) The Project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301(d) -restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood. Public Notification and Outreach This item was noticed in accordance with the Ralph M. Brown Act and was available for public viewing at least 72 hours prior to the posting of the agenda. Exhibits 1. City Council Resolution 2. Site Map Nov. 19, 2019 Item #7 Page 3 of 250 RESOLUTION NO. 2019-236 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF A CONTRACT WITH COMMERCIAL WATERPROOFING SYSTEMS, INC. FOR THE FARADAY CENTER ROOF REFURBISHMENT, CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECT NO. 4720, FOR AN AMOUNT NOT TO EXCEED $S21,3SS. WHEREAS, City Council has determined that it is desirable and in the best interest of the city to maintain city infrastructure to prolong the useful life of city assets and maintain safety standards; and WHEREAS, staff has determined a scope of work to be completed for the Faraday Center Roof Refurbishment, CIP Project No. 4720 (Project); and WHEREAS, staff has solicited a Request for Bids (RFB) with architectural design drawings and technical specifications for the Project; and WHEREAS, staff has received and evaluated nine bids for the Project and has determined that Commercial Waterproofing Systems, Inc. (CWS), is the lowest responsive and responsible bidder; and WHEREAS, staff has prepared a contract for execution for an amount not to exceed $S21,3SS to provide construction services for the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the bid value of $521,355 submitted by CWS for the Project is hereby accepted. 3. That the mayor is hereby authorized and directed to execute the Contract with CWS for the Project, attached hereto as Attachment A. 4. That the city manager, or his designee, is hereby authorized to approve construction change orders up to $52,136. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of November 2019, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. ~± Jkcl« Go,rez, BARBARA ENGLESON, City Clerk (SEAL) Nov. 19, 2019 Item #7 Page 4 of 250 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS, GENERAL PROVISIONS AND TECHNICAL SPECIFICATIONS FOR FARADAY CENTER ROOF REPLACEMENT PROJECT CONTRACT NO. 4720 PWS20-880TRAN l' • ._, Revised 6/12/18 Contract No. 4720 Page 1 of 90 Pages Nov. 19, 2019 Item #7 Page 5 of 250 TABLE OF CONTENTS Item Page Notice Inviting Bids.................................................................................................................. 6 Contractor's Proposal............................................................................................................... 1 O Bid Security Form . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Bidder's Bond to Accompany Proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Guide for Completing the "Designation of Subcontractors" Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Designation of Subcontractor and Amount of Subcontractor's Bid Items . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . 19 Bidder's Statement of Technical Ability and Experience........................................................... 20 Bidder's Certificate of Insurance for General Liability, Employers' Liability, Automotive Liability and Workers' Compensation....................................................................................... 21 Bidder's Statement Re Debarment........................................................................................... 22 Bidder's Disclosure of Discipline Record . .. . . . . . . . .. .. .. .. .. .. .. .. . . . . . . . . . . . . . . . . . .. .. .. .. .. . . . . .. .. . .. .. .. .. . . 23 Noncollusion Declaration to Be Executed by Bidder and Submitted with Bid............................ 25 Contract Public Works.............................................................................................................. 26 Labor and Materials Bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Faithful Performance/Warranty Bond....................................................................................... 34 Optional Escrow Agreement for Surety Deposits In lieu of Retention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 l' •,;' Revised 6/12/18 Contract No. 4720 Page 2 of 90 Pages Nov. 19, 2019 Item #7 Page 6 of 250 Section 1 1-1 1-2 1-3 1-4 1-5 Section 2 2-1 2-2 2-3 2-4 2-5 2-6 2-7 2-8 2-9 Section 3 3-1 3-2 3-3 3-4 3-5 Section 4 4-1 4-2 Section 5 5-1 5-2 5-3 5-4 5-5 5-6 Section 6 6-1 6-2 6-3 6-4 6-5 6-6 6-7 6-8 6-9 6-10 GENERAL PROVISIONS Terms, Definitions Abbreviations and Symbols Terms.............................................................................................................. 39 Definitions.................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Abbreviations............................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Units of Measure.......................................... .................................................... 43 Symbols........................................................................................................... 43 Scope and Control of The Work Award and Execution of Contract................. .................................................... 44 Assignment.................................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Subcontracts................................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Contract Bonds............................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Plans and Specifications.............................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Work to be Done.......................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Right-of-Way................................................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Authority of Board and Engineer.................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 50 Inspection.................................................... .................................................... 50 Changes in Work Changes Requested by the Contractor........ .................................................... 51 Changes Initiated by the Agency.................. .................................................... 51 Extra Work................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Changed Conditions . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Disputed Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Control of Materials Materials and Workmanship......................... ..... ........................... ............... ..... 60 Materials Transportation, Handling and Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Utilities Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Removal.......................................................................................................... 64 Relocation.................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Delays.............................................................................................................. 65 Cooperation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Prosecution, Progress and Acceptance of the Work Construction Schedule and Commencement of Work....................................... 67 Prosecution of Work..................................... .................................................... 71 Suspension of Work..................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Default by Contractor................................... . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Termination of Contract................................ ......................... ..................... ...... 73 Delays and Extensions of Time.................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Time of Completion...................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Completion, Acceptance, and Warranty....... ...................... ..... ..... .. .. ................ 75 Liquidated Damages.................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Use of Improvement During Construction . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 l' •ii' Revised 6/12/18 Contract No. 4720 Page 3 of 90 Pages Nov. 19, 2019 Item #7 Page 7 of 250 Section 7 7-1 7-2 7-3 7-4 7-5 7-6 7-7 7-8 7-9 7-10 7-11 7-12 7-13 7-14 Section 8 8-1 8-2 8-3 8-4 Responsibilities of the Contractor Contractor's Equipment and Facilities.......... ................. ............... ... .. ............... 77 Labor............................................................................................................... 77 Liability Insurance........................................ .................................................... 77 Workers' Compensation Insurance.............. .................................................... 77 Permits............................................................................................................ 78 The Contractor's Representative.................. .................................................... 78 Cooperation and Collateral Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Project Site Maintenance . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Protection and Restoration of Existing Improvements....................................... 81 Public Convenience and Safety................... .................................................... 81 Patent Fees or Royalties.............................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Laws to be Observed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 83 Antitrust Claims............................................ .................................................... 83 Measurement and Payment Measurement of Quantities for Unit Price Work . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 84 Lump Sum Work.......................................... . . . .. . . . . . .. .. .. .. .. .. .. . .. . . . . . . . . . . . .. .. .. . . . . . . . . 84 Payment.......................................................................................................... 84 Bid Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 l' •,;' Revised 6/12/18 Contract No. 4720 Page 4 of 90 Pages Nov. 19, 2019 Item #7 Page 8 of 250 TECHNICAL SPECIFICATIONS DIVISION 01 EXISTING CONDITIONS 02 4100 Demolition DIVISION 05 METALS 05 5213 Pipe and Tube Railings DIVISION 06 WOOD, PLASTICS AND COMPONENTS 06 0573 06 1000 06 1500 Wood Treatment Rough Carpentry Wood Decking DIVISION 07 THERMAL AND MOISTURE PROTECTION 07 5110 07 6000 07 6200 07 7200 07 9200 DIVISION 8 08 6200 Rehabilitation of Built Up Roofing Flashing and Sheet Metal Sheet Metal Flashing and Trim Roof Accessories Joint Sealants OPENINGS Unit Skylights APPENDIX A -BASIS OF DESIGN PRODUCT DATA TREMCO, ALPHAGUARD BIO BASE COAT PRODUCT DATA TREMCO, ALPHAGUARD BIO TOP COAT PRODUCT DATA TREMCO, ALPHAGUARD BIO & MT FLUID APPLIED ROOFING SYSTEM, INSTALLATION GUIDE, 2018 UL FIRE RATING FOR TREMCO, ALPHAGUARD BIO BASE COAT AND TOP COAT APPENDIX B -CITY TWENTY (20) YEAR WARRANTY AND MAINTENANCE FORM l' •ff Revised 6/12/18 Contract No. 4720 Page 5 of 90 Pages Nov. 19, 2019 Item #7 Page 9 of 250 CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 2:00 p.m. on September 26, 2019, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first-floor lobby, at which time they will be opened and read, for performing the work as follows: FARADAY CENTER ROOF REPLACEMENT PROJECT CONTRACT NO. 4720 PWS20-880TRAN INSTRUCTIONS TO BIDDERS AND BID REQUIREMENTS This bid and the terms of the Contract Documents and General Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Con- tract. Section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. The work shall be performed in strict conformity with the plans, provisions, and specifications as ap- proved by the City Council of the City of Carlsbad on file with the Engineering Department. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. BID DOCUMENTS The bid documents comprise the following documents which must be completed and properly exe- cuted including notarization, where indicated. 1. Contractor's Proposal 2. Bidder's Bond 3. Noncollusion Declaration 4. Designation of Subcontractor and Amount of Subcontractor's Bid 5. Bidder's Statement of Technical Ability and Experience 6. Acknowledgement of Addendum(a) 7. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. ,, •ff Revised 6/12/18 Contract No. 4720 Page 6 of 90 Pages Nov. 19, 2019 Item #7 Page 10 of 250 8. Bidder's Statement Re Debarment 9. Bidder's Disclosure of Discipline Record 10. Escrow Agreement for Security Deposits - ( optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) ENGINEER'S ESTIMATE: All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are ap- proximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $496,000 (four hundred ninety-six thousand dollars). TIME OF COMPLETION: The contractor shall complete the Work within the time set in the contract as defined in the General Provisions Section 6-7. SPECIAL TY CONTRACTORS: ACCEPTABLE LICENSE TYPES Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a con- tractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. The contractor shall state their license number, expiration date and classifica- tion in the proposal, under penalty of perjury. This invitation to not involve federal funds. The following classifications are acceptable for this contract: Classification C-39 ESCROW AGREEMENT Description Roofing If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 5% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. OBTAINING PLANS AND SPECIFICATIONS Sets of plans, various supplemental provisions, and Contract documents may be obtained electroni- cally from the City's website: PlanetBids. INTENT OF PLANS AND SPECIFICATIONS Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, spec- ifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpreta- tion of any provision in the contract documents will be given by any agent, employee or con- tractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on direc- tions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. BIDDER'S INQUIRIES Questions on the bid documents during the bid period shall be submitted in writing, via email, solely to: l'\ •;; Revised 6/12/18 Eleida Felix Yackel, Senior Contract Administrator Eleida.felixyackel@carlsbadca.gov Contract No. 4720 Page 7 of 90 Pages Nov. 19, 2019 Item #7 Page 11 of 250 Questions shall be definite and certain and shall reference applicable drawing sheets, notes, details or specification sheets. The cutoff date to submit questions regarding this project is 5 p.m. September 19, 2019. No Questions will be entertained after this date. The answers to questions submitted during the bidding period will be published in an addendum and uploaded to PlanetBids no later than September 24, 2019. REJECTION OF BIDS The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. PREVAILING WAGE TO BE PAID 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 Subcon- tracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any con- tract for public work, unless currently registered and qualified to perform public work pursuant to Sec- tion 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Prime Contractor and all subcontractors shall comply with Section 1776 of the Labor Code, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and mak- ing them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. PRE BID MEETING A mandatory pre-bid meeting and tour of the project site will be held at 10 a.m. on September 10, 2019, at 1635 Faraday Avenue, Carlsbad, California 92008, Conference Room 174. UNIT PRICES AND COMPUTATION OF BIDS All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. l' •+;' Revised 6/12/18 Contract No. 4720 Page 8 of 90 Pages Nov. 19, 2019 Item #7 Page 12 of 250 ADDENDA Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. BOND AND INSURANCE REQUIREMENTS The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to one hundred percent (100%) of the total amount payable by the terms of the contract. 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 General Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, 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 1 0 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:VII 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 abo\le for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as de- scribed in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. BUSINESS LICENSE 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. 2018-211, adopted on the 11 th day of December 2018. August 26, 2019 Date Deputy Clerk l' •ff Revised 6/12/18 Contract No. 4720 Page 9 of 90 Pages Nov. 19, 2019 Item #7 Page 13 of 250 orrHEO, WITNESSED ANO RECORDED: CITY OF CARLSB~D , . of~ LL:f' ' DAiE S~l;;::G~7.NA~TU:-::f1.E~---- FARADAY CENTER ROOF REPLACEMENT PROJECT NO. 4720 PWS20-880TRAN CONTRACTOR'S PROPOSAL City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans, Specifications, General Provisions, Contract Documents, and ad- denda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. 4720 in accordance with the Plans, Specifications, General Provisions, Contract Documents, and addenda thereto and that he/she will take in full payment for the work the total bid value stipulated below in the Schedule(s) comprising the basis of award. Accordingly, the Schedule Items listed below will become the effective Schedule of Values for monthly progress payments. SCHEDULE "A" -FARADAY CENTER ROOF REPLACEMENT Item Description Approx. Quantity Unit Value A-1 General Conditions LS $10,000.00 $ 10,000.00 Ten Thousand Dollars (Price in Words) A-2 Clean roof/water control 42,000 sf $ 0.55 $ 23,100.00 Fiftv-Five Cents (Price in Words) A-3 Specified air intake filtration LS $ 9,200.00 $ 9,200.00 Nine Thoysand Two Hynd[~d DQlla[S (Price in Words) A-4 Seam I low spot repair 3,000 sf $ 6.40 $19,200.00 Six Dollars, Fortll Cents (Price in Words) A-5 New roofing system 42,000 sf $ 9.44 $ 396,480.00 Nine Dollars, Fo[!y-Four Cents ,, •;;' Revised 6/12/18 Contract No. 4720 Page 10 of 90 Pages Nov. 19, 2019 Item #7 Page 14 of 250 (Price in Words) Item Description Approx. Quantity Unit Value A-6 Flashing for roof penetrations LS $ 6,55Q,QQ $ 6,550.00 Six Thousand Five t:lu□dced Eift~□Qllacs (Price in Words) A-7 Perimeter counterflashing 750 LF $ 8.50 $ 6,375.00 Eight QQllars, Ei~ Ceots (Price in Words) A-8 Elastomeric coating -parapet 1,250 SF $ 2.~Q $ 3,000.00 wall above counterflashing Two Dollars, Fort:t Cents (Price in Words) A-9 Non-skid Walk Surface LS $ 6,300.00 $ 6,300.00 Six ThQ!.!§a□d Tbree Hyndred C!Qlla[§ (Price in Words) A-10 20-year City Roof Warranty 1 $ §10,000 $ §10,000 And Maintenance Form Per Appendix B (City Form) Ten ThQ!.!§a□d [2Qllar§ (Price in Words) A-11 Punchlist Completion LS $ §5,000 $ §5,000 Ei~e IbcLJsaad Dcllacs (Price in Words) SCHEDULE "B" -FARADAY CENTER ROOF REPLACEMENT-ADD ALTERNATE Item B-1 Description Replace acrylic skylights Sixteen Hyodred DQllar§ (Price in Words) ,, • ., Revised 6/12/18 Quantity 10EA Contract No. 4720 Page 4 of 4 Unit $1,600.00 Value $16,000.00 Page 11 of 90 Pages PWS20-880TRAN Addendum No. I Nov. 19, 2019 Item #7 Page 15 of 250 Item Description Quantity Unit Value B-2 Install Cal-OSHA approved, 10 EA $ 620.00 $ 6,200.00 non roof-penetrating skylight fall protection Six Hundred Twenty Dollars (Price in Words) B-3 Install Cal-OSHA approved, 1 EA $3,950.00 $ 3,950.00 non roof-penetrating roof hatch fall protection Total amount of bid in words for Schedule "A": _________________ _ Four Hundred Ninety-Five Thousand Two Hundred Five Dollars Total amount of bid in numbers for Schedule "A": $495 205.00 .......__....._ ______________ _ Total amount of bid in words for Additive Alternative Schedule "B": __________ _ Twenty Six Thousand One Hundred Fifty Dollars Total amount of bid in numbers for Additive Alternative Schedule "B": $ ___ 2...;.6 .... 1 ..... 5 ..... 0;..;. . .;;..00 ________ _ Total amount of bid in words for Schedule "A" and Additive Alternative Schedule "B": _____ _ Five Hundred Twenty-One Thousand Three Hundred Fifty-Five Dollars Total amount of bid in numbers for Schedule "A" and Additive Alternative Schedule "B": $521,355.00 The City shall determine the low bid based on Schedule "A" and Additive Alternative Schedule "B''. After the low Bid has been determined. The City may, at its sole discretion, award the Contract for Schedule "A" alone or for Schedule "A" and Additive Alternative Schedule "B". Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). __ ~1 _____ has/have been received and is/are included in this proposal. ('\ • .., Revised 6/12/18 Contract No. 4720 Page 12 of 90 Pages Nov. 19, 2019 Item #7 Page 16 of 250 The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary 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 781499 , classification A, B, C-39 which expires on 7/31/2020 , 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 § 7028.1 S(e}. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally inter- ested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no repre- sentation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is Bid Bond (Cash, Certified Check, Bond 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 com- mencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. ,., • ., Revised 6/12/18 Contract No. 4720 Page 13 of 90 Pages Nov. 19, 2019 Item #7 Page 17 of 250 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 NIA (Street and Number) City and State ___________________________ _ (4) Zip Code ________ Telephone No. _____________ _ (5) E-Mail __________________________ _ IF A PARTNERSHIP, SIGN HERE: (1) Name under which business is conducted ___ N_/A ______________ _ (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. ______________ _ (5) E-Mail __________________________ _ ,, • ., Revised 6/12/18 Contract No. 4720 Page 14 of 90 Pages Nov. 19, 2019 Item #7 Page 18 of 250 IF A CORPORATION, SIGN HERE: (1) Name under which business is conducted Commercial Waterproofing Systems, Inc. dba ERC Roofing & /4~ --°l /2sl2ct'7 (Signature) Garrett Clark, President (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of California -~~~~------ (4) Place of Business 1630 Palm Street (Street and Number) City and State Santa Ana CA (5) Zip Code ----"-9=2-'-7""""0-'-1 _____ Telephone No. (714) 667-6000 (6) E-Mail gclark@ercroofing.com 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: Garrett Clark, President, Secretary, Treasurer and Manager Thereof ,, • ., Revised 6/12/18 Contract No. 4720 Page 15 of 90 Pages Nov. 19, 2019 Item #7 Page 19 of 250 ,, h ,,,,,II j)( .,,, '-T \( "· '-<>\\ 1 I ".,11 '-1' ,, 1, '''"II Jl<.\11 '-T ... h ,,,,, I.I l"•"I '-r ,, h '""II 1,1.,11·, r \( h ,, '" I l)(.'\11''-"1 \I h ,1,\\ 1 I Ill•"', .• \( h. ,,,,,JI 111.,11·, I \t h ,,,,, I J 111.,11 '-I Califomia All-Purpose Certificate of Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of __ 0=---a....f2-_\l\--r\.'i __ b,_a._G'_,, _____ _ S.S. On 9120\ l°t before me, , lt){{t.W-Sc1~ 1 ~D~ ~b lLu fl Ao n ~ C 1 ,A ,/") 1 A personally appeared ------~-=--1.l-\-'-'C..,-'---' '---=-'--"--"-.J--_-Jf.~.;____~ ______ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JENNIFER SCHMALL COMM. #2233011 z Notary Public • California ~ Riverside County .... comm. Ex Ires Mar. 3, 2022 OPTIONAL INFORMATION ------------- Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of ________ _ lDfJtr/J\c:f-or '.s Pro posC{-1 containing_!::£__ pages, and dated °"I h .. >\ 2° l '1 The signer(s) capacity or authority is/are as: : lndividual(s) Attorney-in-fact (} 'f Corporate Officer(s) _.l'l'-'{2,;;;....;;.;£5:;....;...;f 0:::;..:::Q\.)::......;:;.....:..l _______ _ Guardian/Conservator Partner -Limited/General · Trustee(s) , Other: ________________ _ representing: _______________ _ l-·:· .:c,:.:: ... [ Method of Signer Identification I ! Proved to me on the basis of satisfactory evidence: i LJ form(s) of identification ;::::: credible witness(es) j I Notarial event is detailed in notary journal on: ! Page#__ Entry# __ Notary contact: ________ _ Other i I Additional Signer ) Signer(s) Thumbprints(s) 1-, ' I------------ i I ! --J \(, "' H. J"\i, "' I IL\ '-1\<, "' JC. l\4 "-'""I 11. '-T\< ,,.,, I H,_I Nov. 19, 2019 Item #7 Page 20 of 250 BID SECURITY FORM (Check to Accompany Bid) FARADAY CENTER ROOF REPLACEMENT PROJECT NO. 4720 PWS20-880TRAN (NOTE: The following form shall be used if check accompanies bid.) Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF CARLSBAD, in the sum of ________________________ _ _______________________ dollars($ ______ __,, this amount being ten percent (10%) of the total amount of the bid. The proceeds of this check shall become the property of the City provided this proposal shall be accepted by the City through action of its legally constituted contracting authorities and the undersigned shall fail to execute a contract and furnish the required Performance, Warranty and Payment Bonds and proof of insurance coverage within the stipulated time; otherwise, the check shall be returned to the undersigned. The proceeds of this check shall also become the property of the City if the undersigned shall withdraw his or her bid within the period of fifteen (15) days after the date set for the opening thereof, unless otherwise re- quired by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) l'\ •+' Revised 6/12/18 Contract No. 4720 Page 16 of 90 Pages Nov. 19, 2019 Item #7 Page 21 of 250 BIDDER'S BOND TO ACCOMPANY PROPOSAL FARADAY CENTER ROOF REPLACEMENT PROJECT NO. 4720 PWS20-880TRAN KNOW ALL PERSONS BY THESE PRESENTS: Commercial Waterproofing Systems Inc OBA That we, ERC Roofing and Waterproofing , as Principal, and United States Fire Insurance Company, as Surety 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) Ten Percent of 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: FARADAY CENTER ROOF REPLACEMENT PROJECT NO. 4720 PWS20-880TRAN 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. 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. SIGNED AND SEALED, this 19th day of September -----20 19 ' -- (SEAL) United States Fire Insurance Company ------'---"--~-----:----:~-----:----- BA ERC Roofing (SEAL) (q1\'2-\l.c'f, C..LMZU-, PC23 c i)t}'..)1 (Print Name/Title) (Surety) Ou· ~ ~<": /~ (Signature) Shawn Blume, Attorney-in-Fact (Print Name/Title) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY -ATTACH ATTORNEY-IN-FACT CERTIFICATE) APPROVED AS TO FORM: CELIA A. BREWER City Attorney ft \iJ Revised 6/12/18 Contract No. 4720 Page 17 of 90 Pages Nov. 19, 2019 Item #7 Page 22 of 250 ft ~, Revised 6/12/18 Contract No. 4720 Page 18 of 90 Pages Nov. 19, 2019 Item #7 Page 23 of 250 \< I~'-•'" 1 I IH, II ''I'\( h ·11\, LI IH ,\\\ 'T \< I '-1> , I I IH, I '-, 1 \I h.,., 1\, 1 l.J1,:.,11·,•1 \< I~,,,\, I I )H.,11 ,·1 \I h. ,, ,,, I I )H,'.\ll''"I' \( h'• '" I ll(,,11'''1' \I ...._,,\, f I IH,.\11 'T \< I ,1,\\ I JH ,\I ,,1 Califomia All-Purpose Certificate of Acknowledgment 1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the I document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. l __ _ State of California County of _~(\)~l?AN~_b_~-----S.S. On __ 9---'--L..\ z_:o_\,__2;__0 _17...,____ before me, \ lt:NN I felL:SOtn'\ AU.' No~ personally appeared ______ b---'-'-Pr_,__'2-J2_..-'---c;_J_)_\ _ ______,~-=c---'---'----=-------- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JENNIFllt SCHMALL COMM, #2233011 z Not1ry Public • California ~ Riverside County ... Comm, Ex Ires Mar, 3, 2022 OPTIONAL INFORMATION ------------- Description of Attached Document The preceding Certificate of Acknowledgment is attached to a ' document titled/for the purpose of 't>,~t)~'.s ~I\) D 'D Ac.c.. om£Prf'vL/ Bio po~'°' L containing ~ pages, and dated 9 I ,q / 20 I 9 The signer(s) capacity or authority is/are as: , lndividual(s) 1 Attorney-in-fact o_ ~ Corporate Officer(s) _....,rtzt5'----=---c .;;;..1)....;;8'1":;;___T-=---------- :_~ Guardian/Conservator -Partner -Limited/General Trustee(s) · . Other: ________________ _ representing: _______________ _ -_,._ •"·· . . ., . ~·l I_~-:;;.;·~~~-~··-· ~~-:_ .\ ~L~ \ Method of Signer Identification Proved to me on the basis of satisfactory evidence: 1 LJ form(s) of identification :::: credible witness(es) ' I Notarial event is detailed in notary journal on: Page#__ Entry# __ Notary contact: ________ _ , Other i i Additional Signer ': i Signer(s) Thumbprints(s) Nov. 19, 2019 Item #7 Page 24 of 250 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 ,. . - . -,. . -. -. . --... -. . ... ' -----_, - - -. --. ------... .; . --. -.._ ... -., . - . -. ---. --,---. --,-. -. . . . -: ·; ._ -;--·-··:·-··:·-·. -· .. _._,.·.-.. _:.: . _,_,_ -.. -. - - . -·· ... ·-·.,. ·;.·: ---._ .. _,_. ... _. . ...:-··.·-."-';·.·.·-"<-·. ·-. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the trnthfulness, accuracy, or validity of that document. State of California County of _O_r_a_n~g_e __________ _ On ___ q~\ ~' 9~+1 ~)-~ ____ before me, ______ N_a_t_a_ss_i_a_K_ir_k_-S_m_ith ______ , Notary Public, personally appeared Shawn Blume Name(s) of Signer(s) ,,ho proved to me on the basis of satisfactory evidence to be the pcrson(s) whose name(s) is/arc subscribed to the within instrnment and acknowledged to me that he/shefthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrnment the person(s), or the entity upon behalf of which the person(s) acted, executed the instrnment. NATASSIA KIRK-SMITH Notary Public -California orange County Commission 112253818 My Comm. Expires Aug 12, 2022 Place Notary Seal Above -------------------------------------- I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is trne and correct. OP'J10NAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this forn1 to another document. Description of Attached Document Type or Title of Document:-------------------------------- Document Date: _________________ _ Number of Pages: ___________ _ Signer(s) Other Than Named Above: ____________________________ _ Capacity(ies) Claimed by Signer(s) Capacity(ies) Claimed by Signer(s) Signer's Name: Shawn Blume Signer's Name: D Individual □ Individual □ Corporate Officer -Title(s): □ Corporate Officer -Title(s): □ Partner: □Limited D General □ Partner: □Limited D General ~ Attorney in Fact □ Attorney in Fact □ Trustee □ Trustee □ Guardian or Conservator □ Guardian or Conservator □ Other: □ Other: Signer Is Representing: __________ _ Signer Is Representing: ___________ _ -_,_ -.. ---,-.. --.. --.... --- -. ,_ ---..... -.,. . ---> . - --. . . -. -•. .--- • -,-.. - --> . :. -.. ·. -·. -.·. -. ----:-:-...... :-·:-· -:-·:->"->:·-:·-.:.-.-:-:<.::-.:-":···-:-::-::-:>·-.:.::-.'-::<-::-::-::-·:.:--:.-:...::.-.:.::-::..:.-..:·-'-.:->,:.":-::.:·-.:->>>::-:_<-::-·-:-.. -··-::-':-:..:-:.-:·-·::-::-:.-;.-:-·:.: <-··-·-·:-·-:-:--::-::-.:<-':-.'::--:-::-::.:. Rev. 1-15 Nov. 19, 2019 Item #7 Page 25 of 250 POWER OF ATTORNEY llNITED STATES FIRE l~SllRANCE COMPANY PRINCIPAL OFFICE-MORRISTOWN, NEW JERSEY 01016407319 KNOW ALL l\lEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware. has made, constituted and appointed. and does hereby make, constitute and appoint: Eric lowey, Mark Richardson, Shawn Blume, Vanessa Copeland, Kevin Cathcart each. its true and lawful Attorney(s)-ln-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected otlicers of United States Fire Insurance Company at its principal otlice, in amounts or penalties not exceeding: Seven l\lillion, Five Hundred Thousand Dollars ($7,500,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys-In-Fact named above and expires on January 31, 2020. This Power of Attorney is granted pursuant to Article IV of the By-Laws of United States Fire Insurance Company as now in full force and effect and consistent with Article III thereof~ which Articles provide, in pertinent part: Article IV. Execution of Instruments -Except as the Board of Directors may authorize by resolution. the Chairman of the Board, President, any Vice-President any Assistant Vice President, the Secretary. or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances. powers of attorney or revocations of any powers of attorney. stipulations, policies of insurance. deeds, leases, mortgages, releases, satisfactions and agency agreements: (b) to appoint. in writing. one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including atlixing the seal of the Corporation. Article Ill, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees. undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition. if and as authorized by the Board of Directors. dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or otlicers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or otlicers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. l'li WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate otlicer and its corporate seal hereunto affixed this 25th day of March, 2019. llNITED STA TFS FIRF INSI !RANCE COMPANY 4 / ) 07' ) . ,1 l ,f'\,, ~ ,-\ Anthony R. Slimowicz, Executive Vice President State of New Jersey} County of Morris } On this 25th day of March 20 I 9, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company, to me personally kno\,n to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. SONIA SCALA NOT ARY PUBLIC STATE OF NEW JERSEY N0.2163686 MY CO:\-IMISSION EXPIRESJ/25/2024 Sonia Scala (Notary Public) I. the undersigned otlicer of United States Fire Insurance Company. a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a fulL true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the 19th day ofS•ptember 2019 llNITED ST ATES FIRE INSURANCE COMPANY 1~Q_C~c-} · ¼-- ) Al Wright, Senior Vice President Nov. 19, 2019 Item #7 Page 26 of 250 GUIDE FOR COMPLETING THE "DESIGNATION OF SUBCONTRACTORS" FORM REFERENCES Prior to preparation of the following "Subcontractor Disclosure Form" Bidders are urged to review the definitions in section 1-2 of the General Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor'', "Contract Price", "Contract Unit Price", "Engineer'', "Own Or- ganization", "Subcontractor'', and "Work". Bidders are further urged to review sections 2-3 SUBCONTRACTS of the General Provisions. CAUTIONS This form will be used by the Agency to determine the percentage of work that the Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct information may result in rejection of the bid as non-responsive. Any bid that proposes performance of more than 50 percent of the work by subcontractors or otherwise to be performed by forces other than the Bid- der's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percent- age of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor whom the Bidder proposes to perform work or labor or render service in or about the work or improvement, and every subcontractor licensed as a contractor by the State of California whom the Bidder proposes to specially fabricate and install any portion of the work or improvement according to detailed drawings contained in the plans and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or, in the case of bids or offers for the construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of subcontractor(s) shall be set forth and included as an integral part of the bid offer. The Designation of Subcontractors 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. Suppliers of materials from sources outside the limits of work are not subcontractors. The value of materials and transport of materials from sources outside the limits of work, as shown on the plans, shall be assigned to the Contractor or the Subcontractor as the case may be, that the Bidder proposes as installer of said materials. The value of material incorporated in any Subcontractor-installed bid item that is supplied by the Bidder shall be included as a part of the work that the Bidder proposes to be performed by the Subcontractor installing said item. When a Subcontractor has a Carlsbad business license, the number must be entered on the proper form. If the Subcontractor does not have a valid business license, enter "NONE" in space on the form. When the Bidder proposes using a Subcontractor to construct or install less than 100 percent of a bid item, the Bidder shall attach an explanation sheet to the Designation of Subcontractor form. The ex- planation sheet shall clearly apprise the City of the specific facts that show the Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces. Determination of the subcontract amounts for purposes of award of the contract shall be determined by the City Council in conformance with the provisions of the contract documents and the various supplemental provisions. The decision of the City Council shall be final. Contractor is prohibited from performing any work on this project with a subcontractor who is ineligible to perform work on a public works project pursuant to Labor Code Sections 1771.1 or 1777. 7. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the required information. The page number and total number of additional form pages shall be entered in the location provided on each type of form so duplicated. ,, • ., Revised 6/12/18 Contract No. 4720 Page 19 of 90 Pages Nov. 19, 2019 Item #7 Page 27 of 250 DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS (To Accompany Proposal) FARADAY CENTER ROOF REPLACEMENT PROJECT NO. 4720 PWS20-880TRAN The Bidder certifies that it has used the sub-bid 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 this list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contract Code, "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of one-half of one percent (0.5%) of the Bidder's total bid, or in the case of bids or offers for construction of streets and highways, including bridges, in excess of one-half of one percent (0.5%) or ten thousand dollars ($10,000), whichever is greater, and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency. SUBCONTRACTOR'S BID ITEMS Amount of Subcontractor Name Phone No. DIR Subcontractor's Portion of and and Email Registration License No. and Work by Work Subcontractor Location of Business Address No. Classification in Dollars* Water Pollution So Cal Stormwater Runoff Solution (310) 343-8313 1000435627 $1 500.00 Control Services Inc. Clean Roof/ Weatherproofing Technologies, Inc (858) 531-5197 1000000766 274072 $23100.00 Water Control B C-39 Page _1_ of _1_ pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(3)(A) California Public Contract Code, receipt of the information preceded by an asterisk may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice Inviting Bids." l'\ •ti Revised 6/12/18 Contract No. 4720 Page 20 of 90 Pages Nov. 19, 2019 Item #7 Page 28 of 250 BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) FARADAY CENTER ROOF REPLACEMENT PROJECT NO. 4720 PWS20-880TRAN The Bidder is required to state what work of a similar character to that included in the proposed Con- tract he/she has successfully performed and give references, with telephone numbers, which will en- able the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Name and Address Name and Phone No. Amount Contract of the Employer of Person to Type of Work of Completed Contract Contract 8/23/2019 ABC Unified School Robert Kay-Fluid Applied Roofing $1,679,836.40 nic:trirt (562) 926-5566 x22455 C'. 8/16/2018 ABC Unified School Robert Kay-Fluid Applied Roofing $961,400.00 I nic:trirt (562) 926-5566 x22455 c-. ~ 7/28/2017 ABC Unified School Robert Kay-Fluid Applied Roofing $1,380,463.00 nic:trirt (562) 926-5566 x22455 C'. ~ 3/9/2015 Antelope Valley Union Matt Havens Fluid Applied Roofing $217,973.00 Hiah School District (661) 942-8496 C'. ·-~~. 2/10/2014 Antelope Valley Union Matt Havens Fluid Applied Roofing $247,555.00 Hinh ~rhnnl l"'lictrirt (661) 942-8496 Ir, 8/8/2013 Antelope Valley Union Matt Havens Ffuid Applied Roofing $534,000.00 Hiah ~rhnnl nic:trirt (661) 942 8496 ,,.. ,, •ti' Revised 6/12/18 Contract No. 4720 Page 21 of 90 Pages Nov. 19, 2019 Item #7 Page 29 of 250 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) FARADAY CENTER ROOF REPLACEMENT PROJECT NO. 4720 PWS20-880TRAN As a required part of the Bidder's proposal the Bidder must attach either of the following to this page. 1) Certificates of insurance showing conformance with the requirements herein for each of: □ Comprehensive General Liability □ Automobile Liability □ Workers Compensation D Employer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids and the General Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. ,, •ti' Revised 6/12/18 Contract No. 4720 Page 22 of 90 Pages Nov. 19, 2019 Item #7 Page 30 of 250 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 10/10/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LIC #0H79377 1-949-222-0444 CONTACT NAME: ISU Insurance Services -ERM Insurance Brokers wgN,;0 Extl: 949-222-0444 I FAX -(A/C Nol: 949-22_2_-0445 E-MAIL ADDRl;,l!~ _____ 3000 W. MacArthur Blvd., Suite #120 --- INSURER(Sl AFFORDING COVERAGE NAIC# Santa Ana, CA 92704 INSURER A: ASSOCIATED IND CORP 21865 ---·-··--·· -·--·------ INSURED INSURER B : AMERICAN FIRE & CAS CO 24066 Co11D11ercial Waterproofing Systems, Inc. -- INSURER C: Tokio Marine Specialty Ins Co 23850 dba ERC Roofing & Waterproofing STATE COMPENSATION INS FUND 35076 1630 Palm St. INSURERD: INSURERE: ----Santa Ana, CA 92701 INSURERF: COVERAGES CERTIFICATE NUMBER: 57547991 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR -·----ADDL SUBR POLICYEFF POLICY EXP - LTR TYPE OF INSURANCE ,.,.,n lwvn POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY X X AES119193900 10/05/19 10/05/20 EACH OCCURRENCE $ 1,000,000 ~ DAMAGE TO RENTED PREMISES /Ea occurrencel $ 100,000 ~ ==:J CLAIMS-MADE 0 OCCUR ·--- MED EXP (Any one person) $ 1,000 -------- PERSONAL & ADV INJURY $ 1,000,000 ,~ -- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 =--7 POLICY l x] r;riT DLoc ---- PRODUCTS -COMP/OP AGG $ 2,000,000 -- OTHER: $ B AUTOMOBILE LIABILITY X X BAA(19)56383946 11/21/18 11/21/19 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) -~ X ANY AUTO BODILY INJURY (Per person) $ --OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS --HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY /Per accident\ - $ C UMBRELLA LIAB M OCCUR PUB696597 10/05/19 10/05/20 EACH OCCURRENCE $ 5,000,000 X EXCESSLIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED 1 ·-r RETENTION$ $ WORKERS COMPENSATION 01/01/19 01/01/20 ~TUTE I I OTH-D AND EMPLOYERS" LIABILITY X 9223640-19 ER Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE ~ E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached II more space Is required) The certificate holder is additional insured per CG 2033 0704/CG2037 0704; primary/non-contributory wording per form NXGL009 0809; waiver of subrogation per CG2404 0509; auto additional insured per CA8810 0113 including waiver; workers compensation waiver of subrogation per 10217 re: Faraday Center Roof Replacement Project; Contract No. 4720, PWS20-880Tran Certificate holder/additional 30 day notice of cancellation CERTIFICATE HOLDER City of Carlsbad 1635 Faraday Ave. Carlsbad, CA 92008 I ACORD 25 (2016/03) terrierm 57547991 insured continued: City of Carlsbad, its officials, employees and volunteers except 10 days for non-payment of premium CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE USA c-· . --::::::. ~ --.J,. __ © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Nov. 19, 2019 Item #7 Page 31 of 250 Policy #BAA(19)56383946 COMMERCIAL AUTO CA 88 10 01 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 19 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 22 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 23 EXTRA EXPENSE -BROADENED COVERAGE 10 GLASS REPAIR -WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE (including employee hired auto and loss of use) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 ?ERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENlS 4 TOWING AND LABOR 7 TWO OR MORE DEDUCTIBLES 17 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 18 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 20 SECTION II -LIABILITY COVERAGE is amended as follows: 1. BROADFORMINSURED SECTION II -LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or {3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; © 2013 Liberty Mutual Insurance CA 8810 0113 Includes copyrighted material of Insurance Services Office. Inc., with its permission. Page 1 of 7 Nov. 19, 2019 Item #7 Page 32 of 250 (2} If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II -LIABILITY COVERAGE, paragraph A.1. · WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow, but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any "employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II -LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": {1} Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage'' caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II -LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4} All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II -LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION Ill· PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or © 2013 Liberty Mutual Insurance CA 8810 0113 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 Nov. 19, 2019 Item #7 Page 33 of 250 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V -DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION Ill -PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck'' or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks", we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a .. Coverage Extension of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amend- ed to provide a limit of $50 per day and a maximum limit of $1,500 © 2013 Liberty Mutual Insurance CA 8810 01 13 Includes copyrighted material of Insurance Services Office. Inc:;., with its permission. Page 3 of 7 Nov. 19, 2019 Item #7 Page 34 of 250 9. RENTAL REIMBURSEMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE· BROADENED COVERAGE Under SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V -DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL ANO DATA ELECTRONIC EQUIPMENT COVERAGE SECTION Ill -PHYSICAL DAMAGE COVERAGE, 8. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: © 2013 Liberty Mutual Insurance CA 8810 0113 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 7 Nov. 19, 2019 Item #7 Page 35 of 250 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN/ LEASE GAP COVERAGE A. Paragraph C .. LIMIT OF INSURANCE of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties assodated with those payments as of the date of the "loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V-DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. © 2013 Liberty Mutu;:il lnsur;:ince CA88100113 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 Nov. 19, 2019 Item #7 Page 36 of 250 15. GLASS REPAIR -WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Deel a rations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 17. TWO OR MORE DEDUCTIBLES Under SECTION Ill PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same accident, the following applies to paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller {or smallest) deductible it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible it will be reduced by the amount of the smaller (or smallest} deductible; or c. If the loss involves two or more Business Auto coverage forms or policies the smaller (or smallest) deductible will be waived. For the purpose of this endorsement company means any company that is part of the Liberty Mutual Group. SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows: 18. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph 8.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 19. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV -BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. ® 2013 Liberty Mutua I Insurance CA 88 10 0113 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 Nov. 19, 2019 Item #7 Page 37 of 250 To the extent possible, notice to us should include: (1) How, when and where the "accident" or "loss" took place; (2} The "insureds" name and address; and (3} The names and addresses of any injured persons and witnesses. 20. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV -BUSINESS AUTO CONDITIONS, paragraph A.5 .. Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 21. HIRED AUTO COVERAGE TERRITORY SECTION IV -BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V -DEFINITIONS is amended as follows: 22. BODILY INJURY REDEFINED Under SECTION V -DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 23. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. -CANCELLATION condition applies except as fol- lows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. © 2013 Liberty Mutual Insurance CA 88 10 0113 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of7 Nov. 19, 2019 Item #7 Page 38 of 250 Policy #AES 119193900 COMMERCIAL GENERAL LIABILITY CG 20 33 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured any person or or- ganization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or or- ganization is an additional insured only with re- spect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to: 1. "Bodily injury'', "property damage" or "personal and advertising injury'' arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying ser- vices, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifica- tions; or b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional in- sured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG 20 33 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Nov. 19, 2019 Item #7 Page 39 of 250 POLICY NUMBER: AES119193900 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Location and Description of Completed Organization(s}: Ooerations All persons or organizations where written contract with the Named Insured requires additional insured completed operations coverage. This form does not apply to your work on "residential orooertv". Information reauired to comolete this Schedule if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 □ Nov. 19, 2019 Item #7 Page 40 of 250 POLICY NUMBER: AES119193900 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations where required by written contract with the Named Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 D Nov. 19, 2019 Item #7 Page 41 of 250 POLICY NUMBER: AES119193900 COMMERCIAL GENERAL LIABILITY NX GL 009 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTING INSURANCE (THIRD-PARTY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Third Party: All persons or organizations where required by written contract with the Named Insured (Absence of a specifically named Third Party above means that the provisions of this endorsement apply as required by written contractual agreement with any Third Party for whom you are performing work.) Paragraph 4. of SECTION IV: COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced by the following: 4. Other Insurance: With respect to the Third Party shown above, this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. NX GL 009 08 09 Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission Nov. 19, 2019 Item #7 Page 42 of 250 STATE COMPENSATION INSURANCE FUNO HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC ST AND ARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS EFFECTIVE JANUARY 1, 2019 AT 12.01 A.M. AND EXPIRING JANUARY 1, 2020 AT 12.01 A.M. ERC ROOFING & WATERPROOFING 1630 PALM ST SANTA ANA, CA 92701 WE HAVE THE RIGHT TO RECOVER OUR PAYMENTS FROM ANYONE LIABLE FOR AN INJURY COVERED BY THIS POLICY. WE WILL NOT ENFORCE OUR RIGHT AGAINST THE PERSON OR ORGANIZATION NAMED IN THE SCHEDULE. THIS AGREEMENT APPLIES ONLY TO THE EXTENT THAT YOU PERFORM WORK UNDER A WRITTEN CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT FROM US. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS ABOVE STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS IN THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: ~!.~ DECEMBER 28, 2018 PRESIDENT AND CEO SCIF FORM 10217 (REV.4-2018) REP Dl 9223640-19 RENEWAL NA 4-60-87-7 PAGE l OF 2572 OLD DP 217 l Nov. 19, 2019 Item #7 Page 43 of 250 BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) FARADAY CENTER ROOF REPLACEMENT PROJECT NO. 4720 PWS20-880TRAN 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? X yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debar- ment(s)? Attach additional copies of this page to accommodate more than two debarments. NIA party debarred agency period of debarment BY CONTRACTOR: (sign here) Garrett Clark, President (print name/title) party debarred agency period of debarment Page _1 _ of _1_ pages of this Re Debarment form l' •;;' Revised 6/12/18 Contract No. 4720 Page 23 of 90 Pages Nov. 19, 2019 Item #7 Page 44 of 250 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) FARADAY CENTER ROOF REPLACEMENT PROJECT NO. 4720 PWS20-880TRAN Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License board, P.O. Box 26000, Sacramento, California 95826. 1) Have you ever had your contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 2) Has the suspension or revocation of your contractor's license ever been stayed? X -N/A yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their con- tractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? X yes no 4) Has the suspension or revocation of the license of any subcontractor's that you propose to perform any portion of the Work ever been stayed? X -N/A yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefore. NIA (If needed attach additional sheets to provide full disclosure.) Page _1_ of _2_ pages of this Disclosure of Discipline form ,, • ., Revised 6/12/18 Contract No. 4720 Page 24 of 90 Pages Nov. 19, 2019 Item #7 Page 45 of 250 BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) FARADAY CENTER ROOF REPLACEMENT PROJECT NO. 4720 PWS20-880TRAN 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. NIA (If needed attach additional sheets to provide full disclosure.) Garrett Clark, President (print name/title) Page _2_ of _2_ pages of this Disclosure of Discipline form ,, •+r Revised 6/12/18 Contract No. 4720 Page 25 of 90 Pages Nov. 19, 2019 Item #7 Page 46 of 250 NONCOLLUSION DECLARATION TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 FARADAY CENTER ROOF REPLACEMENT PROJECT NO. 4720 PWS20-880TRAN The undersigned declares: I am the President Commercial Waterproofing Systems, Inc of dba ERC Roofing & Waterproofin? the party making the foregoing bid. The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged infor- mation or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on September 2-3 , 20lll__ at Santa Ana [city], California [state]. ~e o~lark, President ,., •;;' Revised 6/12/18 Contract No. 4720 Page 26 of 90 Pages Nov. 19, 2019 Item #7 Page 47 of 250 California All-Purpose Certificate of Acknowledgment I A notary public or other officer completing this certificate verifies only the identity of the individual who signed the I document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. L ____________________________________________________ -----------------------. ---·------------. ----·. ---···--------~ State of California County of C>12A-NG E S.S. On g /2-~ { 2010, before me,~c.......,k~o"~tr-~Sc~hm~J~l-t-, +"-'i\-"'-'t>k-'-'--'----=l~-+R~u~b~Lcc_ personally appeared ______ ___,Q_r;.,__..A,_,__,_({'_-R.:_J-+-__ __,,Q_~~=''--"-V--_____ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JENNIFER SCHMALL COMM. #2233011 z Notary Public • California ~ Riverside County ... MJ Ggmm. Expires Mar. 3:., 2022 f OPTIONAL INFORMATION ------------ Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of NoAJ &LLU.S 10,,.J l)Qc,\ cwc1 hPv1 ±z, be-. uec.v -ke:1 \o "1 t.S I oo e12._ ~ ~\.l~¼-tJ.. ""~-I""' ~,o J I containing ____L_ pages, and dated 9 23 19 The signer(s) capacity or authority is/are as: , lndividual(s) J Attorney-in-fact n "1-Corporate Officer(s) __ _,.Vl__,_rz:_~____.;;;._1_,D::;;....;;EN_~I _____ _ --Guardian/Conservator ' Partner -Limited/General Trustee(s) , Other: ________________ _ representing: _______________ _ Method of Signer Identification Proved to me on the basis of satisfactory evidence: I_] form(s) of identification ;=: credible witness(es) Notarial event is detailed in notary journal on: Page#__ Entry# __ Notary contact: ________ _ Other 1 _] Additional Signer 1-J Signer(s) Thumbprints(s) [J ------------ Nov. 19, 2019 Item #7 Page 48 of 250 CITY OF CARLSBAD FARADAY CENTER ROOF REPLACEMENT PROJECT PWS20-880TRAN Addendum No. 1 From: Steven Stewart, Municipal Projects Manager Phone: (760) 602-7543 steven.stewart@carlsbadca.gov 1635 Faraday Ave Carlsbad.CA 92008 No. of Pages: 4 (including this page) Date: September 19, 2019 Bid Opening Date: September 26, 2019 -2:00 pm (remains the same) Notice: This Addendum forms a part of the Contract Documents for the above identified project and modifies portions of the original Contract Documents. Documents not specifically mentioned in this Addendum remain in full force. Contractor must acknowledge receipt of this Addendum by including the Addendum in the Bidding Documents at bidding time. Failure to do so may subject bidder to disqualification. I. Changes to Contract 1. Replace Contractor Proposal page 11 in RFB with revised Contractor Proposal page 11 attached to this Addendum No. 1. II. Changes to Plans and Specifications: 1. Replace: Technical Specification section 07 5510 Rehabilitation of Built Up Roofing, paragraph 1.02 D2 with the following paragraph 1.02 D2: 2-:-Meet with Owners Representative, Reef-System--MaoofasrureF'-s RepFesentative, GofltFaGter,G-ity, AFChitecture/Engineef,aREI third party-ReefiR§-mstallation Inspector. 2. Meet with Owners Representative, Roof System Manufacturer's Representative (or third-party Roofing Installation Inspector), Contractor, City, and Architecture/Engineer. Page 1 of 4 PWS20-880TRAN Addendum No. 1 Nov. 19, 2019 Item #7 Page 49 of 250 2. Replace: Technical Specification section 07 5510 Rehabilitation of Built Up Roofing, paragraph 2.01 M with the following paragraph 2.01 M: M. Provide samples of proposed system including wet samples (1 pint and third party Roofing Installation Inspector minimum) of eaoh fluid applied component and a 12" x 12" sured sample of proposed system. M. Provide samples of proposed system including wet samples (1 pint) of each fluid applied component and a 12" x 12" cured sample of proposed system. 3. Replace: Technical Specification section 07 551 0 Rehabilitation of Built Up Roofing, paragraph 3.07 A with the following paragraph 3.07 A: A. The Contraster shall retain a full time third party roofing system inspection service from a mutually agreed firm. The third party roofing system inspection firm (different from the manufacturer) and/or subcontractor shall provide the services as described in Appendix B. A The Contractor shall include in his bid price, periodic quality assurance inspections by a third-party roofing system inspection service or by a roofing manufacturer's representative, who shall agree to provide the warranty requirements stated in the City Roof Warranty (Appendix B.) Ill Summary Comments from Pre-Construction Meeting: 1. Roofing work is permitted to proceed during normal working hours based on city approved schedule, and in coordination with city's consultant construction manager. 2. Roofing material installation will involve roof material installation to underside of existing mechanical curb caps. 3. Per Contract General Provisions, paragraph 6-2 Prosecution of the Work, subparagraph 6-2.1 Scope of Work, no HVAC or truss reinforcement work has been included in this Request for Bid though this work is described in the drawings. 4. Per Contract General Provisions, paragraph 6-2 Prosecution of the Work, subparagraph 6-2.3 Construction Manager, the Contractor's personnel and subcontractors shall work in cooperation with city's consultant Construction Manager -SchneiderCM. 5. This project has a special city standard roof warranty, provided as Appendix B in the contract documents. Contactor and roofing manufacturer representative are advised to review the warranty language and inspection/maintenance requirements listed. IV. Questions and Answers: Q1: Can areas of the parking lot be used for ,staging? A 1: Yes, an area of 3 parking stalls can be coned/taped off in coordination with city's consultant construction manager, for storage of portable toilet and materials. Page 2 of 4 PWS20-880TRAN Addendum No. 1 Nov. 19, 2019 Item #7 Page 50 of 250 Q2: Can we spray roof coating? A2: Roofing products must be rolled on. Spray products may occur on weekends or afterhours when there are no vehicles parked in the vicinity of the building. Q3: What should we use as fill area square footage? A3: Please use 3,000 square feet of fill area per bid form and not square area shown on plans as circles. Q4: Will the segmented coping above the round skylight on curved parapet be replaced? A4: No, please terminate roof coating with skirt flashing with hemmed edge set in sealant. Q5: There are 11 locations where there is a notch at the parapet, and the flashing is interrupted, do we replicate what is existing? AS: Use 12/AS on both sides of notch. Q6: If you allow the roofing work to be performed during the week will you allow us to park our coating rig next to the building so our hoses will reach? A6: Yes, in coordination with approved schedule and city's consultant construction manager. Q7: How are we to access the roof? Roof hatch? Or are we to provide a stair tower? A7: Roof may be accessed via roof hatch on second floor of office building following installation of adequate protective materials on stair and corridor carpeting. Access must be coordinated with city's consultant construction manager. Page 3 of 4 PWS20-880TRAN Addendum No. 1 Nov. 19, 2019 Item #7 Page 51 of 250 CONTRACT PUBLIC WORKS This agreement is made this ?1>-¥vv day of Alo\k._\/V\.VJ=?.A: , 20j]_, by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City"), and Commercial Waterproofing Systems Inc. dba ERC Roofing and Waterproofing whose principal place of business is 1630 Palm Street, Santa Ana, California, 92701 (hereinafter called "Contractor"). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: FARADAY CENTER ROOF REPLACEMENT PROJECT NO. 4720 PWS20-880TRAN (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equip- ment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Noncollusion Declaration, Designation of Subcontractors, Tech- nical Ability and Experience, Bidder's Statement Re Debarment, Escrow Agreement, Release Form, the Plans and Specifications, the General Provisions, addendum(s) to said Plans and Specifications and General Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indi- cated, 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 City's decision relative to said intent will be final and binding. Failure of the Contractor to apprise subcontractors and materials suppliers of this condition of the Contract will not relieve responsibility of compliance. 4. Payment. For all compensation for Contractor's performance of work under this Contract, City shall make payment to the Contractor per section 9-3 PAYMENT of the General Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. The City shall withhold retention as required by Public Contract Code Section 9203. 5. Independent Investigation. Contractor has made an independent investigation of 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 conven- ience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied l' • ., Revised 6/12/18 Contract No. 4720 Page 27 of 90 Pages Nov. 19, 2019 Item #7 Page 52 of 250 with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (A) Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. (B) Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. (C) Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time re- quired for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to Cali- fornia Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. Contractor shall comply with California Labor Code, section 1776, which generally requires keeping accurate payroll records, verifying and certifying pay- roll records, and making them available for inspection. Contractor shall require all subcontractors to comply with Section 1776. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connec- tion with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other l' •,;' Revised 6/12/18 Contract No. 4720 Page 28 of 90 Pages Nov. 19, 2019 Item #7 Page 53 of 250 dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Con- tractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in City Council Policy# 70. (A) Coverages and Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Commercial General Liability (CGL) Insurance: Insurance written on an "occurrence" basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this projecUlocation or the general aggregate limit shall be twice the required oc- currence limit. b. Business Automobile Liability Insurance: $2,000,000 combined single limit per accident for bodily injury and property damage. In addition, the auto policy must cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. c. Workers' Compensation and Employers' Liability Insurance: Workers' compensation limits as required by the Labor Code of the State of California and Employers' Liability limits of $1,000,000 per incident. Workers' compensation offered by the State Compensation Insurance Fund is acceptable to the City. (B) Additional Provisions: Contractor shall ensure that the policies of insurance required under this agreement with the exception of Workers' Compensation and Business Automobile Liability Insurance contain, or are endorsed to contain, the following provisions. a. The City, its officials, employees and volunteers are to be covered as additional insured as re- spects: liability arising out of activities performed by or on behalf of the Contractor; products and com- pleted 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 doc- uments attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, em- ployees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. l'\ •+; Revised 6/12/18 Contract No. 4720 Page 29 of 90 Pages Nov. 19, 2019 Item #7 Page 54 of 250 (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after ten (10) days' prior written notice has been sent to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured reten- tion levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:VII. Insurers must also be authorized to transact the business of in- surance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by City Council Policy# 70. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by Contractor shall be resolved in accordance with Public Contract Code section 9204, which is incorporated by reference. A copy of Section 9204 is included in Section 3 of the General Provisions. In addition, all claims by Contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in Section 3 of the General Provisions. In the event of a conflict between Section 9204 and Article 1.5, Section 9204 shall apply. Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the l"\ •+' Revised 6/12/18 Contract No. 4720 Page 30 of 90 Pages Nov. 19, 2019 Item #7 Page 55 of 250 false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. {F) Carlsbad Municipal Code. The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028 pertaining to false claims are incorporated herein by reference. (G) Debarment from Other Jurisdictions. Contractor hereby acknowledges that debarment by an- other jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontractor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this ~is San Diego County, California. ~ .. I have read and understand all provisions of Section 11 above. init L init 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation estab- lished by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Unfair Business Practices. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties. 16. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and in- cluded herein, and if, through mistake or otherwise, any such provision is not inserted, or is not cor- rectly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 17. Additional Provisions. Any additional provisions of this agreement are set forth in the "Gen- eral Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. ('\ • ., Revised 6/12/18 Contract No. 4720 Page 31 of 90 Pages Nov. 19, 2019 Item #7 Page 56 of 250 NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED {CORPORA TE SEAL) (sign here) Garrett Clark, President & Secretary (print name and title) By: ___________ _ (sign here) (print name and title) CITY OF CARLSBAD a municipal corP.or ti the State of California President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER Ctty Attorney u By: . {2.._ / Deputy City Attorfjy ,, •ff Revised 6/12/18 Contract No. 4720 Page 32 of 90 Pages Nov. 19, 2019 Item #7 Page 57 of 250 California All-Purpose Certificate of Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ---------------~-·-··"·--·-··-·--·-· --------- State of California County of QgA-1\.)6-C S.S. On lo! 2.-1. \ L '1 before me.J E}.JN,f'8L SuJ:mA-LL, J DTl'll1!j ¼ew-; personally appeared ______ ___,,b~Pr~\2--\_R£7:T~-~--C-..,L~AA:~_\A-, _____ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JENNIFER SCHIIALL COMM. #2233011 z Not1ry Public • California ~ Riverside County - Comm. ires Mar. 3, 2022 OPTIONAL INFORMATION ------------ Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the pu~ose of tbi'J~"\ ~Q:>LLC l/D~S containing _J,g_ pages, and dated 1d1--tb V\ , The signer(s) capacity or authority is/are as: [] lndividual(s) [J Attorney-in-fact --:l.-c ~ (' __ [>( Corporate Officer(s) jJL.-t;Pf .I::>~ 1 ~ [J Guardian/Conservator C] Partner -Limited/General l ~] Trustee(s) U Other: _______________ _ representing: ______________ _ ~1,J&1tn:rr:m~~::'~ Method of Signer Identification Proved to me on the basis of satisfactory evidence: D form(s) of identification [J credible witness(es) Notarial event is detailed in notary journal on: Page#__ Entry# __ Notary contact: ________ _ Other D Additional Signer D Signer(s) Thumbprints(s) '□---------- Nov. 19, 2019 Item #7 Page 58 of 250 Bond No. 602-124735-6 LABOR AND MATERIALS BOND WHEREAS, the City of Carlsbad, State of California, has awarded to Commercial Waterproofing Systems lnc.dba ERC Roofing and Waterproofing (hereinafter designated as the "Principal"), a Contract for: FARADAY CENTER ROOF REPLACEMENT PROJECT NO. 4720 PWS20-880TRAN 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 perfor- mance 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, Commercial Waterproofing Systems Inc. dba ERC Roofing and Waterproofing , as Principal, (hereinafter designated as the "Contractor"), and United States Fire Insurance Company ----------------as Surety, are held firmly bound unto the City of Carlsbad in the sum of --------------------------------- ---------------> Five-Hundred Twenty-One Thousand, Three Hundred Fifty-Five Dollars ($ 521,355 ), said sum being an amount equal to: One hundred percent (100%) of the total amount payable under the terms of the contract by the City of Carlsbad, and 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 Contractor 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, consistent with California Civil Code section 9100, or for amounts due under the Unemployment In- surance Code with respect to the work or labor performed under this Contract, 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 Unem- ployment Insurance Code with respect to the work and labor, that the Surety will pay for the same, and, also, in case suit is brought upon the bond, reasonable attorney's fees, to be fixed by the court consistent with California Civil Code section 9554. This bond shall inure to the benefit of any of the persons named in California Civil Code section 9100, so as to give a right of action to those persons or their assigns in any suit brought upon the bond. 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 hereunder 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. ft ~, Revised 6/12/18 Contract No. 4720 Page 33 of 90 Pages Nov. 19, 2019 Item #7 Page 59 of 250 In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this __ 2-_( __ day of __ C)G_1-'b __ 5_~ ____ , 20_li_. CONTRACTOR: (sign here) c,;A-@2:C" C,,~ /print name here) Q~rt:£•'-'T isua~ (title and organization osignatory) By: ____________ _ (sign here) (print name here) (title and organization of signatory) Executed by SURETY this _1 s_th ____ day of October , 20_..1L. SURETY: United States Fire Insurance Company (name of Surety) 305 Madison Avenue, Morristown, NJ 07962 (address of Surety) Vanessa Copeland, Attorney-in-Fact (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (Proper notarial acknowledgment 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: CELIA A. BREWER City Attorney ~ By: C ~ !h ✓ Deputy City A~rney ~ Q Revised 6/12/18 Contract No. 4720 Page 34 of 90 Pages Nov. 19, 2019 Item #7 Page 60 of 250 Callfomia All-Purpose Certificate of Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ·----~-------~------· State of California County of LlZ-&1)6 ~ S.S. On __ 1 _o.,._/ 2____._t /_2o_1 'l __ before me,(; ~l ~ ~\m'\rQ.!.-) No~ e..o /)._ L, personally appeared ______ ___..:~=.i....:AQXL....:..:::::.....=;-=G::...,--=----· ...:,C;_· -<-\_J=~...:....::=-·------- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of _LA_..:...e.=..::"'2-...:___....:..flN-"---"'§):;___ MA-'T02.-l M-S:» containing ...2_ pages, and dated --"-/o__,_/_Zf_......ft_CJ_..__ __ _ The signer(s) capacity or authority is/are as: [] lndividual(s) [I Attorney-in-fact () / 1tJ Corporate Officer(s) q:12.,0:,1 ~"-t"" 1 8a;;,.g.£TA<?-tj □ Guardian/Conservator L:J Partner -Limited/General [ ~i Trustee(s) [J Other: ________________ _ representing: _______________ _ COMM. #2233011 z Notary Public -California ~ Riverside County .... Comm. Ex ires Mar. 3, 2022 Method of Signer Identification Proved to me on the basis of satisfactory evidence: D form(s) of identification D credible witness(es) Notarial event is detailed in notary journal on: Page#__ Entry# __ Notary contact: ________ _ Other [j Additional Signer [l Signer(s) Thumbprints(s) [] ------------ (, ....... \.( '-· o,, (,,\ ,..._I\( ,-.·o \"I. I(,\ ::-,. .\.t "· o ,-,I)(.,\ 1·,t h'.'.O \ .I: Ho.'I ·.-...r \.( 't.. O \" .IH0'.\I •. Nov. 19, 2019 Item #7 Page 61 of 250 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) -----'=------------- On l6}1~ I} q personally appeared before me, _______ N_a_ta_s_s_ia_K_ir_k-_S_m_ith ______ , Notary Public, Vanessa Copeland Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their-authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s-), or the entity upon behalf of which the person(sj acted, executed the instrument. Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. --------------------------OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document:-------------------------------- Document Date: Number of Pages: ----------------------------- Signer(s) Other Than Named Above: ___________________________ _ Capacity(ies) Claimed by Signer(s) Capacity(ies) Claimed by Signer(s) Signer's Name: Vanessa Copeland Signer's Name: D Individual D Individual □ Corporate Officer -Title(s): □ Corporate Officer -Title(s): □ Partner: □Limited D General □ Partner: □Limited D General ~ Attorney in Fact □ Attorney in Fact □ Trustee □ Trustee □ Guardian or Conservator □ Guardian or Conservator □ Other: □ Other: Signer Is Representing: __________ _ Signer Is Representing: __________ _ Rev. 1-15 Nov. 19, 2019 Item #7 Page 62 of 250 POWER OF A-fTORNEY UNITED ST A TES FIRE INSURANCE COMP ANY PRINCIPAL OFFICE -MORRISTOWN, NEW JERSEY 01016407319 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Eric lowey, Mark Richardson, Shawn Blume, Vanessa Copeland, Kevin Cathcart each. its true and lawful Attorney(s)-ln-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Seven Million, Five Hundred Thousand Dollars ($7,500,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attorney issued on behalf of the Attorneys-In-Fact named above and expires on January 31, 2020. This Power of Attorney is granted pursuant to Article IV of the By-Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments -Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice-President, any Assistant Vice President, the Secretary. or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds. guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases. satisfactions and agency agreements: (b) to appoint. in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. Il'i WITNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 25th day of March, 2019. UNITED STA TFS FrRF. INSI flU NCE COMPANY 1 /)?" /-1 K, lj \.-\ Anthony R. Slimowicz, Executive Vice President State ofNew Jersey} County of Morris } On this 25th day of March 2019, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. SONIA SCALA NOT ARY PUBLIC STATE OF NEW JERSEY NO. 2163686 MY COMMISSION EXPIRES 3/25/2024 Sonia Scala (Notary Public) I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the 18th day of October 2019 UNITED STATES FIRE INSURANCE COMPANY I \1/ C\ l-J) ~- / ) Al Wright, Senior Vice President Nov. 19, 2019 Item #7 Page 63 of 250 PREMIUM IS FOR THE CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE Bond No.602-124735-6 Premium: $8,579.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, has awarded to Commercial Waterproofing Systems Inc. dba ERC Roofing and Waterproofing , (hereinafter designated as the "Principal"), a Contract for: FARADAY CENTER ROOF REPLACEMENT PROJECT NO. 4720 PWS20-880TRAN in the City of Carlsbad, in strict conformity with the contract, the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad, all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE, Commercial Waterproofing Systems Inc. dba ERC Roofing and Waterproofin9 as Principal, (hereinafter designated as the "Contractor"), and United States Fire Insurance Company _____________ , as Surety, are held and firmly bound unto the City of Carlsbad, in the sum of ----------------------------------------------------------- >Five-Hundred Twenty-One Thousand, Three Hundred Fifty-Five Dollars ($ 521,355.00 ), 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 alter- ation 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 therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, in- curred 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 there under 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. ft ~, Revised 6/12/18 Contract No. 4720 Page 35 of 90 Pages Nov. 19, 2019 Item #7 Page 64 of 250 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 _Z_\ __ day of _ ____;:;_()_c.:_Tc:6 __ ~ ___ , 20~. CONTRACTOR: (sign here) By: (sign here) (print name here) (Title and Organization of signatory) Executed by SURETY this _1_8t_h ___ day of o_c_to_b_e_r ____________ ,20Jg__ SURETY: United States Fire Insurance Company (name of Surety) 305 Madison Avenue, Morristown, NJ 07962 (address of Surety) (973 )490-6600 Vanessa Copeland, Attorney-in-Fact (printed name of Attorney-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment 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 sec- retary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Deputy City Attorney O ft ~, Revised 6/12/18 Contract No. 4720 Page 36 of 90 Pages Nov. 19, 2019 Item #7 Page 65 of 250 Califomia All-Purpose Certificate of Acknowledgment 1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the j document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of __ ~Q~f2AN~_e_:::}_~---S.S. On _l.__o--+/--"'c}-'--,~/ .... 2-P--=-:...l _S~-before me, cJ ~~l P~2::x.-+±M l'o/l-~ 1 ~0~1 1'' . , ' ,, 1: 'ti. personally appeared ____ --={;;i=+'-A-12--(2_...........,--'--=c""""t'--l" __ UA{L_~'-'---K...,--------- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~ Je· 0 .... jEN.NIFER 0 SCHMALL O t -COMM. #2233011 z ~ •• Notary Public -California ~ z Riverside County ~ 1 • ' My S>m!'· SXP~es ,!-1a~ 3:., 2022 r OPTIONAL INFORMATION ------------ Description of Attached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of m-lDfn.JG ~~~CZ ( WA-tl..f2--~ty 'f5oNj) containing~ pages, and dated IO (,;)._, /2,01:, The signer(s) capacity or authority is/are as: u lndividual(s) . LJ Attorney-in-fact wa I ~ Corporate Officer(s) l O'EN1 ( 5~ :J Guardian/Conservator ;J Partner -Limited/General :_J Trustee(s) □ Other: ________________ _ representing: _______________ _ Metho.ct of Signer lcl_entification . Proved to me on the basis of satisfactory evidence: 0 form(s) of identification D credible witness(es) Notarial event is detailed in notary journal on: Page#__ Entry# __ Notary contact: ________ _ Other 0 Additional Signer D Signer(s) Thumbprints(s) □------------ Nov. 19, 2019 Item #7 Page 66 of 250 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189 A notary public or other officer completing this certificate verifies only the identity of the individual \vho signed the document to which this certificate is attached and not the tmthfulness, accuracy, or validity of that document. State of California County of _O_r_a_n-=g_e _________ _ On lO H<tl J &1 personally appeared before me, _______ N_a_ta_s_s_ia_K_ir_k-_S_m_ith ______ , Notary Public, Vanessa Copeland Name(s) of Signer(s) \vho proved to me on the basis of satisfactory evidence to be the person(-s) whose name(s) is/are subscribed to the within instmment and acknowledged to me that he/she/they executed the same in h~lher/t-hei-r-authorized capacity(ies), and that by Ins/her/their signature(s) on the instmment the person(&), or the entity upon behalf of which the person(s) acted, executed the instrnment. NATASSIA KIRK-SMITH Notary Public · California Oranee County ! Commission# 2253818 ''" ••' Hrf Comm. Expires Aug 12, 2022 Place Notary Seal Above ------------------------------------------- I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is trne and correct. OP'I'IONAL ----·----------------------Though the information below is not required by law, it may prove valuable to persons relying on the document and could present fraudulent and reattachment of this form to another document. Description of Attached Document Type or Title of Document:-------------------------------- Document Date: _________________ Number of Pages: ___________ _ Signer(s) Other Than Named Above: ____________________________ _ Capacity(ies) Claimed by Signer(s) Capacity(ies) Claimed by Signer(s) Signer's Name: Vanessa Copeland Signer's Name: D Individual D Individual □ Corporate Officer -Title(s): □ Corporate Officer -Title(s): □ Partner: □Limited D General □ Partner: □Limited D General ~ Attorney in Fact □ Attorney in Fact □ Trnstee □ Trnstee □ Guardian or Conservator □ Guardian or Conservator □ Other: □ Other: Signer Is Representing: __________ _ Signer Is Representing: __________ _ -.->-::-'-:-:.-;.· -·: .. -:-:--.::_ -:-.:.: ._ .•. -:.-::-:-·:-:-::-::-::::-·:.-::.:.-··-• :..::-.:-· -::-:.-:.:.-·:-::-::~::-::->·:-. -;.::-:-: · .. ->_::: : .. ·_ .. ::-··-~ ....... -, . . . . . --• -__ , ,_ -----• -•• ,. '-• --'-:: _, ----• ...., • -? • -.... - • --, ... -. ., -'--... - --. - • -• --• -.: -'-_,_ -,_ • ----• ,_ - • -,--•• - - • -.... Rev. 1-15 Nov. 19, 2019 Item #7 Page 67 of 250 POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE -MORRISTOWN, NEW JERSEY 01016407319 KNOW ALL MEN BY THESE PRESENTS: That United States Fire Insurance Company, a corporation duly organized and existing under the laws of the state of Delaware, has made, constituted and appointed, and does hereby make, constitute and appoint: Eric lowey, Mark Richardson, Shawn Blume, Vanessa Copeland, Kevin Cathcart each, its true and lawful Attorney(s)-ln-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver: Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require, and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office, in amounts or penalties not exceeding: Seven Million, Five Hundred Thousand Dollars ($7,500,000). This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous Powers of Attorney issued on behalfofthe Attorneys-In-Fact named above and expires on January 31, 2020. This Power of Attorney is granted pursuant to Article IV of the By-Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof, which Articles provide, in pertinent part: Article IV, Execution of Instruments -Except as the Board of Directors may authorize by resolution, the Chairman of the Board, President, any Vice-President, any Assistant Vice President, the Secretary, or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a), including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed, facsimile, lithographed or otherwise produced. In addition, if and as authorized by the Board of Directors, dividend warrants or checks, or other numerous instruments similar to one another in form, may be signed by the facsimile signature or signatures, lithographed or otherwise produced, of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. 11" WlTNESS WHEREOF, United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 25th day of March, 2019. UNITED ST A TFS FJRF. INS J fR A NCE COMP ANY ~ /) Q}' ) "'· ~ \.---\ Anthony R. Slimowicz, Executive Vice President State of New Jersey} County of Morris l On this 25th day of March 2019, before me, a Notary public of the State of New Jersey, came the above named officer of United States Fire Insurance Company, to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. SONIA SCALA NOT ARY PUBLIC ST ATE OF NEW JERSEY NO. 2163686 MY COMMISSION EXPIRES 3/25/2024 Sonia Scala (Notary Public) I, the undersigned officer of United States Fire Insurance Company, a Delaware corporation, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the18th day ofOctober 2019 UNITED ST A TES FIRE INSURANCE COMPANY 1\1/J\ l~,-/\A~ ) Al Wright, Senior Vice President Nov. 19, 2019 Item #7 Page 68 of 250 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 -------------------------------ca II e d "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to section 22300 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings re- quired to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor for FARADAY CENTER ROOF REPLACEMENT PROJECT NO. 4720 PWS20-880TRAN in the amount of ____________ dated ______ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the City and shall designate the Contractor as the beneficial owner. 2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the Escrow Agent directly. 4. The Contractor shall be responsible for paying all fees for the expenses incurred by the Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent. l' •+;' Revised 6/12/18 Contract No. 4720 Page 37 of 90 Pages Nov. 19, 2019 Item #7 Page 69 of 250 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City. 8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release, conversion and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: For City: For Contractor: For Escrow Agent: Title FINANCE DIRECTOR Name _________________ _ Signature _______________ _ Address 1635 Faraday Avenue, Carlsbad, CA 92008 Title Name _________________ _ Signature _______________ _ Address ________________ _ Title Name _________________ _ Signature _______________ _ Address ________________ _ At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. l' •+;' Revised 6/12/18 Contract No. 4720 Page 38 of 90 Pages Nov. 19, 2019 Item #7 Page 70 of 250 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City: For Contractor: For Escrow Agent: .~ . ~· •;;' Revised 6/12/18 Title MAYOR Name _________________ _ Signature _______________ _ Address 1200 Carlsbad Village Drive, Carlsbad, CA 92008 Title Name _________________ _ Signature _______________ _ Address ________________ _ Title _________________ _ Name _________________ _ Signature _______________ _ Address ________________ _ Contract No. 4720 Page 39 of 90 Pages Nov. 19, 2019 Item #7 Page 71 of 250 GENERAL PROVISIONS FOR FARADAY CENTER ROOF REPLACEMENT PROJECT NO. 4720 PWS20-880TRAN SECTION 1 --TERMS, DEFINITIONS, ABBREVIATIONS, AND SYMBOLS 1-1 Terms -Unless otherwise stated, the words directed, required, permitted, ordered, in- structed, designated, considered necessary, prescribed, approved, acceptable, satisfac- tory, or words of like meaning, refer to actions, expressions, and prerogatives of the En- gineer. 1-1.1 Reference to Drawings. Where words "shown", "indicated", "detailed", "noted", "scheduled", or words of similar import are used, it shall be understood that refer- ence is made to the drawings accompanying these provisions, unless stated oth- erwise. 1-1.2 Directions. Where words "directed", "designated", "selected", or words of similar import are used, it shall be understood that the direction, designation or selection of the Engineer is intended, unless stated otherwise. The word "required" and words of similar import shall be understood to mean "as required to properly com- plete the work as required and as approved by the Engineer," unless stated other- wise. 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equiva- lent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless oth- erwise 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. 1-1.4 Perform. The word "perform" shall be understood to mean that the Contractor, at its expense, shall perform all operations, labor, tools and equipment, and further, including the furnishing and installing of materials that are indicated, specified or required to mean that the Contractor, at its expense, shall furnish and install the work, complete in place and ready to use, including furnishing of necessary labor, materials, tools, equipment, and transportation. 1-2 Definitions. The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Addendum -Written or graphic instrument issued prior to the opening of Bids which clarifies, corrects, or changes the bidding or Contract Documents. The term Addendum shall include bulletins and all other types of written notices issued to potential bidders prior to opening of Bids. ('\ • ., Revised 6/12/18 Contract No. 4720 Page 40 of 90 Pages Nov. 19, 2019 Item #7 Page 72 of 250 Agency-The City of Carlsbad, California. Agreement -See Contract. Assessment Act Contract -A Contract financed by special assessments authorized under a State Act or procedural ordinance of a City or County. Base -A layer of specified material of planned thickness placed immediately below the pavement or surfacing. Bid -The offer or proposal of the Bidder submitted on the city's prescribed form -Con- tractor's Proposal," setting forth the prices for the Work. Bidder -Any individual, firm, partnership, corporation, or combination thereof, submitting a Bid for the Work, acting directly or through a duly authorized representative. Board -The officer or body constituting the awarding authority of the Agency, which is the City Council for the City of Carlsbad. Bond -Bid, performance, and payment bond or other instrument of security. City Council -the City Council of the City of Carlsbad. City Manager -the City Manager of the City of Carlsbad or his/her approved repre- sentative. Cash Contract -A Contract financed by means other than special assessments. Change Order -A written order to the Contractor signed by the Agency directing an ad- dition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract time issued after the effective date of the Contract. A Change Order may or may not also be signed by the Contractor. Code -The terms Government Code, Labor Code, etc., refer to codes of the State of California. Construction Manager-the 3rd party consultant retained by the city to oversee the Pro- ject and to serve as first level of appeal for informal dispute resolution. Contract -The written agreement between the Agency and the Contractor covering the Work. Contract Documents -Including but not limited to; the Contract, any Addendum (which pertain to the contract documents), Notice Inviting Bids, Instructions to Bidders; Bid (in- cluding documentation accompanying the Bid and any post-bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Contract, the Bonds, the General Provisions, permits from other agencies, the Technical Specifications, the Sup- plemental Provisions, Standard Specifications, Reference Specifications, and all Modifi- cations issued after the execution of the Contract. {' •+' Revised 6/12/18 Contract No. 4720 Page 41 of 90 Pages Nov. 19, 2019 Item #7 Page 73 of 250 Contractor-The individual, partnership, corporation, joint venture, or other legal entity having a Contract with the Agency to perform the Work. In the case of work being done under permit issued by the Agency, the permittee shall be constructed to be the Contrac- tor. The term "prime contractor" shall mean Contractor. · Contract Price -The total amount of money for which the Contract is awarded. Contract Unit Price -The amount stated in the Bid for a single unit of an item of work. County Sealer -The Sealer of Weights and Measures of the county in which the Con- tract is let. Days -Days shall mean consecutive calendar's days unless otherwise specified. Municipal Projects Manager -The Construction Manager's immediate supervisor and second level of appeal for informal dispute resolution. Dispute Board -Persons designated by the City Manager of the City of Carlsbad to hear and advise the City Manager on claims submitted by the Contractor. The City Man- ager for the City of Carlsbad is the last appeal level for informal dispute resolution. Engineer -The City Engineer of the City of Carlsbad or his/her approved representative. Engineering Manager, Construction Management & Inspection -The Municipal Pro- jects Manager's immediate supervisor and third level of appeal for informal dispute reso- lution. Geotextile -Synthetic fiber used in civil engineering applications, serving the primary functions of separation and filtration. House Connection Sewer - A sewer, within a public street or right-of-way, proposed to connect any parcel, lot, or part of a lot with a mainline sewer. Minor Bid Item - A single contract item constituting less than 1 O percent (10%) of the original Contract Price bid. Modification -Includes Change Orders and Supplemental Agreements. A Modification may only be used after the effective date of the Contract. Notice of Award -The written notice by the Agency to the successful Bidder stating that upon compliance by it with the required conditions, the Agency will execute the Contract. Notice of Completion -The notice date provided by the Engineer accepting the Work as being 100% complete including correction of any deficiencies previously noted by En- gineer, and all other features of the Work meet the requirements of all of the specifica- tions for the Work and all close out documents have been submitted and approved. The Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder once all Work has been completed. Notice to Proceed - A written notice given by the Agency to the Contractor fixing the date on which the Contract time will start. ,, •ff Revised 6/12/18 Contract No. 4720 Page 42 of 90 Pages Nov. 19, 2019 Item #7 Page 74 of 250 Own Organization -When used in Section 2-3.1 -Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insur- ance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equip- ment that is owner operated or leased equipment with an operator is not part of the Con- tractor's Own Organization and will not be included for the purpose of compliance with Section 2-3.1. Person -Any individual, firm, association, partnership, corporation, trust, joint venture, or other legal entity. Plans -Any drawings, profiles, cross sections, working drawings, and supplemental drawings, or reproductions thereof, approved by the Engineer, which show the location, character, dimensions, or details of the Work. Private Contract -Work subject to Agency inspection, control, and approval, involving private funds, not administered by the Agency. Proposal-See Bid. Reference Specifications -Those bulletins, standards, rules, methods of analysis or test, codes, and specifications of other agencies, engineering societies, or industrial as- sociations referred to in the Contract Documents. These refer to the latest edition, includ- ing amendments in effect and published at the time of advertising the project or issuing the permit, unless specifically referred to by edition, volume, or date. Roadway -The portion of a street reserved for vehicular use. Service Connection -Service connections are all or any portion of the conduit, cable, or duct, including meter, between a utility distribution line and an individual consumer. Sewer -Any conduit intended for the reception and transfer of sewage and fluid indus- trial waste. Specifications -General Provisions, Standard Specifications, Technical Specifications, Reference Specifications, Supplemental Provisions, and specifications in Supplemental Agreements between the Contractor and the Board. State -State of California. Storm Drain -Any conduit and appurtenances intended for the reception and transfer of storm water. Subcontractor -An individual, firm, or corporation having a direct contract with the Con- tractor or with any other Subcontractor for the performance of a part of the Work. Supervision -Supervision, where used to indicate supervision by the Engineer, shall mean the performance of obligations, and the exercise of rights, specifically imposed l'\ •+f Revised 6/12/18 Contract No. 4720 Page 43 of 90 Pages Nov. 19, 2019 Item #7 Page 75 of 250 upon and granted to the Agency in becoming a party to the Contract. Except as specifi- cally stated herein, supervision by the Agency shall not mean active and direct superin- tendence of details of the Work. Substantial Completion -The date of acceptance by the Engineer that all contract work has been substantially completed and warranties for the constructed work may begin. Supplemental Agreement-A written amendment of the Contract Documents signed by both parties. Supplemental Provisions -Additions and revisions to the Standard Specifications set- ting forth conditions and requirements peculiar to the work. Surety -Any individual, firm, or corporation, bound with and for the Contractor for the acceptable performance, execution, and completion of the Work, and for the satisfaction of all obligations incurred. Utility -Tracks, overhead or underground wires, pipeline, conduits, ducts, or structures, sewers, or storm drains owned, operated, or maintained in or across a public right of way or private easement. Work -That which is proposed to be constructed or done under the Contract or permit, including the furnishing of all labor, materials, equipment, and services. 1-3 ABBREVIATIONS 1-3.1 General. The abbreviation herein, together with others in general use, are appli- cable to these Standard Specifications and to other Contract Documents. 1-4 UNITS OF MEASURE. 1-4.1 General. U.S. Standard Measures, also called U.S. Customary System, are the principal measurement system in these specifications. However, certain material specifications and test requirements contained herein use SI units specifically and conversions to U.S. Standard Measures may or may not have been included in these circumstances. When U.S. Standard Measures are not included in pa- renthesis, then the SI units shall control. S.I. units and U.S. Standard Measures in parenthesis may or may not be exactly equivalent. 1-5 SYMBOLS-Not used. ,, •f' Revised 6/12/18 Contract No. 4720 Page 44 of 90 Pages Nov. 19, 2019 Item #7 Page 76 of 250 SECTION 2 -SCOPE AND CONTROL OF WORK 2-1 AWARD AND EXECUTION OF CONTRACT. Award and execution of Contract will be as provided for in the Specifications, Instruction to Bidders, or Notice Inviting Bids. 2-2 ASSIGNMENT. No Contract or portion thereof may be assigned without consent of the Board, except that the Contractor may assign money due or which will accrue to it under the Contract. If given written notice, such assignment will be recognized by the Board to the extent permitted by law. Any assignment of money shall be subject to all proper with- holdings in favor of the Agency and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by the Agency for completion of the Work, should the Contractor be in default. 2-3 SUBCONTRACTS. 2-3.1 General. Each Bidder shall comply with the Chapter of the Public Contract Code including Sections 4100 through 4113. The following excerpts or summaries of some of the requirements of this Chapter are included below for information: The Bidder shall set forth in the Bid, as provided in 4104: "(a) The name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvements, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabri- cates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid, or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater." "(b) The portion of the work which will be done by each such subcontractor under this act. The prime contractor shall list only one subcontractor for each such por- tion as is defined by the prime contractor in his bid." If the Contractor fails to specify a Subcontractor, or specifies more than one Sub- contractor for the same portion of the work to be performed under the Contract (in excess of one-half of 1 percent of the Contractor's total Bid}, the Contractor shall be qualified to perform that portion itself, and shall perform that portion itself, except as otherwise provided in the Code. As provided in Section 4107, no Contractor whose Bid is accepted shall substi- tute any person as Subcontractor in place of the Subcontractor listed in the origi- nal Bid, except for causes and by procedures established in Section 4107.5. This section provides procedures to correct a clerical error in the listing of a Subcon- tractor. Section 4110 provides that a Contractor violating any of the provisions of the Chapter violates the Contract and the Board may exercise the option either to ,, •;; Revised 6/12/18 Contract No. 4720 Page 45 of 90 Pages Nov. 19, 2019 Item #7 Page 77 of 250 cancel the Contract or assess the Contractor a penalty in an amount of not more than 10 percent of the subcontract involved, after a public hearing. Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or deduct an amount equal to 1 0 percent of the value of the work performed in excess of 50 percent of the con- tract price by other than the Contractor's own organization. The Board shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the Board and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-3.2 Additional Responsibility. The Contractor shall give personal attention to the fulfillment of the Contract and shall keep the Work under its control. The Contractor shall perform, with its own organization, Contract work amounting to at least 50 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract, and the amount of any such "Specialty Items" so performed may be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or Proposal. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer. Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted. 2-3.3 Status of Subcontractors. Subcontractors shall be considered employees of the Contractor, and the Contractor shall be responsible for their work. 2-4 CONTRACT BONDS. Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically re- jected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995.660 (a). The Bidder shall pay all bond premiums, costs, and incidentals. Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. The Contractor shall provide a faithful performance/warranty bond and payment bond (la- bor and materials bond) for this contract. The faithful performance/warranty bond shall be in a sum not less than one hundred percent of the total amount payable by the terms ('\ •f' Revised 6/12/18 Contract No. 4720 Page 46 of 90 Pages Nov. 19, 2019 Item #7 Page 78 of 250 of this contract. The Contractor shall provide bonds to secure payment of laborers and materials suppliers in a sum not less than one hundred percent of the total amount paya- ble by the terms of this contract. Both bonds shall extend in full force and effect and be retained by the Agency during this project until they are released according to the provisions of this section. The faithful performance/warranty bond will be reduced to 25 percent of the original amount 30 days after recordation of the Notice of Completion and will remain in full force and effect for the one year warranty period and until all warranty repairs are completed to the satisfaction of the Engineer. The bonds to secure payment of laborers and materials suppliers shall be released six months plus 30 days after recordation of the Notice of Completion if all claims have been paid. All bonds are to be placed with a surety insurance carrier admitted and authorized to trans- act 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 un-revoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do SO. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and lia- bilities of the insurer at the end of the quarter calendar year prior to 30 days next preced- ing 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 manager residing within the United States. Should any bond become insufficient, the Contractor shall renew the bond within 10 days after receiving notice from the Agency. Should any Surety at any time be unsatisfactory to the Board, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made un- der the contract until a new Surety shall qualify and be accepted by the Board. Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligations. Notice of such changes or ex- tensions shall be waived by the Surety. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General. The Contractor shall keep at the Work site a copy of the Specifications, to which the Engineer shall have access at all times. {'\ •ff Revised 6/12/18 Contract No. 4720 Page 47 of 90 Pages Nov. 19, 2019 Item #7 Page 79 of 250 The specifications for the work include the Contract Documents, General Provi- sions and Technical Specifications, as amended. The Specifications, and other Contract Documents shall govern the Work. The Contract Documents are intended to be complementary and cooperative. An- ything specified in one section and not shown in another, shall be as though refer- enced in both locations. Working drawings and shop drawings may be used as necessary to adequately control the Work. The Contractor shall ascertain the existence of any conditions affecting the cost of the Work through a reasonable examination of the Work site prior to submitting the Bid. Existing improvements visible at the Work site, for which no specific disposition is noted, but which interfere with the completion of the Work, shall be removed and disposed of by the Contractor. The Contractor shall, upon discovering any error or omission in the Specifica- tions, immediately call it to the attention of the Engineer. 2-5.2 Precedence of Contract Documents. If there is a conflict between Contract Documents, the document highest in prece- dence shall control. The precedence shall be the most recent edition of the fol- lowing documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Change orders, whichever occurs last. 3) Contract addenda, whichever occurs last. 4) Contract 5) Technical Specifications 6) Carlsbad General Provisions 7) Manufacturer's Installation Recommendations Change Orders, Supplemental Agreements and approved revisions to the Specifi- cations will take precedence over items 2) through 8) above. City-Approved de- tailed plans and plan views shall have precedence Specifications. 2-5.3 Submittals. 2-5.3.1 General. Submittals shall be provided, at the Contractor's expense, as required in 2-5.3.2, 2-5.3.3 and 2-5.3.4, when required by the General Provisions, or when requested by the Engineer. Materials shall neither be furnished nor fabricated, nor shall any work for which submittals are required by performed, before the required submit- tals have been reviewed and accepted by the Engineer. Neither review nor acceptance of submittals by the Engineer shall relieve the Contrac- tor from responsibility for errors, omissions, or deviations from the Con- tract Documents, unless such deviations were specifically called to the {'\ •;;' Revised 6/12/18 Contract No. 4720 Page 48 of 90 Pages Nov. 19, 2019 Item #7 Page 80 of 250 attention of the Engineer in the letter of transmittal. The Contractor shall be responsible for the correctness of the submittals. The Contractor shall allow a minimum of 10 working days for review of submittals unless otherwise specified in the General Provisions. Each submittal shall be accompanied by a letter of transmittal. Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascend- ing alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the Engineer). Each sheet of each submittal shall be consecutively numbered. Each set of shop drawings and submittals shall be accompanied by a letter of transmittal on the Contractor's letterhead. The Letter of Transmittal shall contain the following: 1) Project title and Agency contract number. 2) Number of complete sets. 3) Contractor's certification statement. 4) Specification section number(s) pertaining to material submitted for review. 5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for the same materials.) 6) Description of the contents of the submittal. 7) Identification of deviations from the contract documents. When submitted for the Engineer's review, Shop Drawings shall bear the Contractor's certification that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in conformance with the requirements of the Contract Documents. The Contractor shall sub- scribe to and shall place the following certification on all submittals: "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in com- pliance with the Contr t. ocuments, can be installed in the allocated spaces, and is s 1Jo1rn11ttarrfor approval." 2-5.3.2 Working Drawings. Working drawings are drawings showing special details which are required to be designed by the Contractor. Working drawings shall be of a size and scale to clearly show all necessary de- tails. Six copies and one reproducible shall be submitted. If no revisions are required, three of the copies will be returned to the Contractor. If re- visions are required, the Engineer will return one copy along with the re- producible for resubmission. Upon acceptance, the Engineer will return two of the copies to the Contractor and retain the remaining copies and the reproducible. l' •f' Revised 6/12/18 Contract No. 4720 Page 49 of 90 Pages Nov. 19, 2019 Item #7 Page 81 of 250 2-5.3.3 Shop Drawings. Shop drawings are drawings showing details of manu- factured or assembled products proposed to be incorporated into the Work. Shop drawings required shall be as specified in the General Provi- sions 2-5.3.4 Supporting Information. Supporting information is information required by the Specifications for the purposes of administration of the Contract, analysis for verification of conformance with the Specifications, the oper- ation and maintenance of a manufactured product or system to be con- structed as part of the Work, and other information as may be required by the Engineer. Six copies of the supporting information shall be submitted to the Engineer prior to the start of the Work unless otherwise specified in the General Provisions or directed by the Engineer. Supporting infor- mation for systems shall be bound together and include all manufactured items for the system. If resubmittal is not required, three copies will be returned to the Contractor. Supporting information shall consist of the fol- lowing and is required unless otherwise specified in the General Provi- sions: 1) List of Subcontractors per 2-3.2. 2) List of Materials per 4-1.4. 3) Certifications per 4-1.5. 4) Construction Schedule per 6-1. 5) Data, including, but not limited to, catalog sheets, manufacturer's bro- chures, technical bulletins, specifications, diagrams, product samples, and other information necessary to describe a system, product or item. This information is required for any product, manufactured item, or system. 2-5.4 RECORD DRAWINGS. The Contractor shall provide and keep up-to-date a com- plete "as-built" record set of blue-line prints, which shall be corrected in red daily and show every change from the original drawings and specifications and the exact "as-built" locations, sizes and kinds of equipment, underground piping, valves, and all other work not visible at surface grade. Prints for this purpose may be obtained from the Agency at cost. This set of drawings shall be kept on the job and shall be used only as a record set and shall be delivered to the Engineer within ten (10) days of completion of the work. Payment for performing the work required by Sec- tion 2~5.4 shall be included in the various bid items and no additional payment will be made therefore. 2-6 WORK TO BE DONE. The Contractor shall perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, the Contractor shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete the Work. 2-7 RIGHT-OF-WAY. Rights-of-way, easements, or rights-of-entry for the Work will be pro- vided by the Agency. Unless otherwise provided, the Contractor shall make arrange- ments, pay for, and assume all responsibility for acquiring, using, and disposing of addi- tional work areas and facilities temporarily required. The Contractor shall indemnify and hold the Agency harmless from all claims for damages caused by such actions. ,, •+' Revised 6/12/18 Contract No. 4720 Page 50 of 90 Pages Nov. 19, 2019 Item #7 Page 82 of 250 2-8 AUTHORITY OF ENGINEER. The Agency has the final authority in all matters affecting the Work. Within the scope of the Contract, the Engineer has the authority to enforce compliance with the Specifications. The Contractor shall promptly comply with instruc- tions from the Engineer or an authorized representative. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of material, equipment, or work; execution, progress or sequence of work; and interpretation of the Specifications, or other drawings. This shall be precedent to any payment under the Contract, unless otherwise ordered by the Agency. 2-8.1 Availability of Records, The Contractor shall, at no charge to the Agency, pro- vide copies of all records in the Contractor's or subcontractor's possession per- taining to the work that the Engineer may request. 2-8.2 Audit and Inspection, Contractor agrees to maintain and/or make available, to the Engineer, within San Diego County, accurate books and accounting records relative to all its activities and to contractually require all subcontractors to this Contract to do the same. The Engineer shall have the right to monitor, assess, and evaluate Contractor's and its subcontractors performance pursuant to this Agreement, said monitoring, assessments, and evaluations to include, but not be limited to, audits, inspection of premises, reports, contracts, subcontracts and in- terviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make availa- ble to the Engineer for examination, all of its, and all subcontractors to this con- tract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unrea- sonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. 2-9 INSPECTION. The Work is subject to inspection and approval by the Engineer and his/her delegates, including the Construction Manager. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Work shall be done only in the presence of the Engineer, unless otherwise authorized. Any work done without proper inspection will be subject to rejection. The Engineer and any authorized representatives shall at all times have access to the Work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasona- ble facility for ascertaining that the materials and workmanship are in accordance with these specifications. Inspection of the Work shall not relieve the Contractor of the obliga- tion to fulfill all conditions of the Contract. {'\ •+' Revised 6/12/18 Contract No. 4720 Page 51 of 90 Pages Nov. 19, 2019 Item #7 Page 83 of 250 SECTION 3 -CHANGES IN WORK 3-1 CHANGES REQUESTED BY THE CONTRACTOR 3-1.1 General. Changes in the Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the Agency, may be granted by the Engineer. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes. 3-1.2 Payment for Changes Requested by the Contractor. If such changes are granted, they shall be made at a reduction in cost or no additional cost to the Agency. 3-2 CHANGES INITIATED BY THE AGENCY 3-2.1 General. The Agency may change the Specifications, character of the work, or quantity of work provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract Price. Should it become necessary to exceed this limitation, the change shall be by writ- ten Supplemental Agreement between the Contractor and Agency, unless both parties agree to proceed with the change by Change Order. Change Orders shall be in writing and state the dollar value of the change or es- tablished method of payment, any adjustment in contract time of completion, and when negotiated prices are involved, shall provide for the Contractor's signature indicating acceptance. 3-2.2 Payment. 3-2.2.1 Contract Unit Prices. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that specified in the Specifications, then an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity and the Contract Unit Price. If the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Specifications varies from the Bid quantity by 50 percent or less, payment will be made at the Contract Unit Price. If the actual quantity of said item of work varies from the Bid quantity by more than 50 percent, payment will be made per Section 3- 2.2.2 or 3-2.2.3 as appropriate. If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the char- acter of the work from that specified in the Specifications, an adjustment in payment will be made per Section 3-2.4. l'\ •+f Revised 6/12/18 Contract No. 4720 Page 52 of 90 Pages Nov. 19, 2019 Item #7 Page 84 of 250 3-2.2.2 Increases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in con- formance with the Specifications, exceed the Bid quantity by more than 50 percent, payment for the quantity in excess of 150 percent of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the op- tion of the Engineer, on the basis of Extra Work per Section 3-3. The Ex- tra Work per Section 3-3, basis of payment, shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 100 percent of the Bid quantity at the Contract Unit Price. 3-2.2.3 Decreases of More Than 50 Percent. Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in con- formance with the Specifications, be less than 50 percent of the Bid quantity, an adjustment in payment will not be made unless so re- quested in writing by the Contractor. If the Contractor so requests, pay- ment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the Agency, or at the op- tion of the Engineer, on the basis of Extra Work per Section 3-3; how- ever, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for 50 percent of the Bid quantity at the Contract Unit Price. 3-2.3 Stipulated Unit Prices. Stipulated Unit Prices are unit prices established by the Agency in the Contract Documents as distinguished from Contract Unit Prices submitted by the Contractor. Stipulated Unit Prices may be used for the adjust- ment of Contract changes when so specified in the General Provisions. 3-2.4 Agreed Prices. Agreed Prices are prices for new or unforeseen work, or adjust- ments in Contract Unit Prices per Section 3-2.2, established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance per Section 3-3, except as otherwise specified in Sections 3-2.2.2 and 3-2.2.3. 3.2.4.1 Schedule of Values. The Contractor's Proposal will be used for estab- lishing a schedule of values for the purpose of progress payments. 3.2.5 Eliminated Items. Should any Bid item be eliminated in its entirety, payment will be made to the Contractor for its actual costs incurred in connection with the elim- inated item prior to notification in writing from the Engineer so stating its elimina- tion. If material conforming to the Specifications is ordered by the Contractor for use in the eliminated item prior to the date of notification of elimination by the En- gineer, and if the order for that material cannot be canceled, payment will be made to the Contractor for the actual cost of the material. In this case, the mate- rial shall become the property of the Agency. Payment will be made to the Con- tractor for its actual costs for any further handling. If the material is returnable, the material shall be returned and payment will be made to the Contractor for the ac- l'\ •+;' Revised 6/12/18 Contract No. 4720 Page 53 of 90 Pages Nov. 19, 2019 Item #7 Page 85 of 250 tual cost of charges made by the supplier for returning the material and for han- dling by the Contractor. Actual costs, as used herein, shall be computed on the basis of Extra Work per Section 3-3. 3-3 EXTRA WORK. 3-3.1 General. New or unforeseen work will be classified as "extra work" when the En- gineer determines that it is not covered by Contract Unit Prices or stipulated unit prices. 3-3.2 Payment. 3-3.2.1 General. When the price for the extra work cannot be agreed upon, the Agency will pay for the extra work based on the accumulation of costs as provided herein. 3-3.2.2 Basis for Establishing Costs. (a) Labor. The costs of labor will be the actual cost for wages of work- ers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by lawful collective bargain- ing agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the Contractor establishes the neces- sity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The labor cost for foremen shall be propor- tioned to all of their assigned work and only that applicable to extra work will be paid. Nondirect labor costs, including superintendence, shall be considered part of the markup of Section 3-3.2.3 (a). (b) Materials. The cost of materials reported shall be at invoice or low- est current price at which such materials are locally available and deliv- ered to the job site in the quantities involved, plus sales tax, freight, and delivery. The Agency reserves the right to approve materials and sources of sup- ply, or to supply materials to the Contractor if necessary for the progress of the Work. No markup shall be applied to any material provided by the Agency. (c) Tool and Equipment Rental. No payment will be made for the use of tools which have a replacement value of $200 or less. ,, •+;' Revised 6/12/18 Contract No. 4720 Page 54 of 90 Pages Nov. 19, 2019 Item #7 Page 86 of 250 The rental rates paid shall include the cost of fuel, oil, lubrication, sup- plies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Neces- sary loading and transportation costs for equipment used on the extra work shall be included. If equipment is used intermittently and, when not in use, could be re- turned to its rental source at less expense to the Agency than holding it at the Work site, it shall be returned, unless the Contractor elects to keep it at the Work site, at no expense to the Agency. All equipment shall be acceptable to the Engineer, in good working con- dition, and suitable for the purpose for which it is to be used. Manufac- turer's ratings and approved modifications shall be used to classify equipment and it shall be powered by a unit of at least the minimum rat- ing recommended by the manufacturer. The reported rental time for equipment already at the Work site shall be the duration of its use on the extra work. This time begins when equip- ment is first put into actual operation on the extra work, plus the time re- quired to move it from its previous site and back, or to a closer site. (d) Other Items. The Agency may authorize other items which may be required on the extra work, including labor, services, material, and equipment. These items must be different in their nature from those re- quired for the Work, and be of a type not ordinarily available from the Contractor or Subcontractors. (e) Invoices. Invoices covering all such items in detail shall be submit- ted with the request for payment. Vendors' invoices for material, equip- ment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report. 3-3.2.3 Markup. ,, •+;' Revised 6/12/18 (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor ................................... 20 2) Materials .. .. .. .. .. .. .. .. .. .. .. .. .. .. 15 3) Equipment Rental ................... 15 4) Other Items and Expenditures 15 To the sum of the costs and markups provided for in this section, 1 per- cent shall be added as compensation for bonding. (b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Section 3- 3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. Contract No. 4720 Page 55 of 90 Pages Nov. 19, 2019 Item #7 Page 87 of 250 A markup of 5 percent on the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor. When the price for the extra work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involved for that day, and other services and expendi- tures when authorized. Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. Failure to submit the daily report by the close of the next working day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagreement, pertinent notes shall be entered by each party to explain points which cannot be resolved immediately. Each party shall retain a signed copy of the report. Reports by Subcontractors or others shall be submitted through the Contractor. The report shall: 1.) Show names of workers, classifications, and hours worked. 2.) Describe and list quantities of materials used. 3.) Show type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable. 4.) Describe other services and expenditures in such detail as the Agency may require. 3-4 CHANGED CONDITIONS. The Contractor shall promptly notify the Engineer of the fol- lowing Work site conditions (hereinafter called changed conditions), in writing, upon their discovery and before they are disturbed: 1. Subsurface or latent physical conditions differing materially from those repre- sented in the Contract; 2. Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the char- acter being performed; and 3. Material differing from that represented in the Contract which the Contractor be- lieves may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class Ill disposal site in accordance with provisions of existing law. The Engineer will promptly investigate conditions which appear to be changed conditions. If the Engineer determines that conditions are changed conditions and they will materially affect performance time, the Contractor, upon submitting a writ- ten request, will be granted an extension of time subject to the provisions of 6-6. If the Engineer determines that the conditions do not justify an adjustment in com- pensation, the Contractor will be notified in writing. This notice will also advise the Contractor of its obligation to notify the Engineer in writing if the Contractor disa- grees. ,, •+' Revised 6/12/18 Contract No. 4720 Page 56 of 90 Pages Nov. 19, 2019 Item #7 Page 88 of 250 The Contractor's failure to give notice of changed conditions promptly upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall not be entitled to the payment of any additional compensa- tion for any act, or failure to act, by the Engineer, including failure or refusal to is- sue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have first given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this section shall not be required as a prerequisite to notice provisions in Section 6-7.3 Contract Time Accounting, nor to any claim that is based on differences in measurement or er- rors of computation as to contract quantities. The written notice of potential claim for changed conditions shall be submitted by the Contractor to the Engineer upon their discovery and prior to the time that the Contractor performs the work giving rise to the potential claim. The Contractor's failure to give written notice of poten- tial claim for changed conditions to the agency upon their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a de- scription of the circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and the na- ture of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. The potential claim shall include the following certification relative to the California False Claims Act, Government Code Sections 12650-12655. "The undersigned certifies that the above statements are made in full cognizance of the California False Claims Act, Government Code Sections 12650-12655. The undersigned further understands and agrees that this potential claim, unless resolved, must be res ted as a claim in response to the City's proposed final es- timate in order fo be further considered." By: 4. Title: President Garrett Clark ~ Date: 0 z,ft..7 ; Company Name: Commercial Waterproofing Systems, Inc. dba ERC Roofing & Waterproofing The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the affected work is completed. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim. [..,- It is the intention of this section that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters be settled, if possible, or other appropriate action promptly taken. l' •ii Revised 6/12/18 Contract No. 4720 Page 57 of 90 Pages Nov. 19, 2019 Item #7 Page 89 of 250 3-5 DISPUTED WORK. The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. If the contractor and the agency are unable to reach agreement on disputed work, the Agency may direct the contractor to proceed with the work. Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1 . Construction Manager 2. Municipal Projects Manager 3. Engineering Manager, Construction Management & Inspection The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 1 0 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 1 O working days of receipt of said additional information or Contractor's presenta- tion of its report. The Contractor may appeal each level's position up to the City Manager after which the Contractor may proceed under the provisions of the Public Contract Code. The authority within the dispute resolution chain of command is limited to recommending a resolution to a claim to the City Manager. Actual approval of the claim is subject to the change order provisions in the contract. All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (com- mencing with Section 20104) which is set forth below: ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS 20104. (a)(1) This article applies to all public works claims of three hundred seventy-five thou- sand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursu- ant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the lo- cal agency. ,, •+' Revised 6/12/18 Contract No. 4720 Page 58 of 90 Pages Nov. 19, 2019 Item #7 Page 90 of 250 (c) The provisions of this article or a summary thereof shall be set forth in the specifica- tions for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivi- sion is intended to extend the time limit or supersede notice requirements otherwise pro- vided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall re- spond in writing to any written claim within 45 days of receipt of the claim, or may re- quest, in writing, within 30 days of receipt of the claim, any additional documentation sup- porting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further docu- mented, shall be submitted to the claimant within 15 days after receipt of the further doc- umentation or within a period of time no greater than that taken by the claimant in pro- ducing the additional information, whichever is greater. (c)(1) 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 writ- ing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a pe- riod of time no greater than that taken by the claimant in producing the additional infor- mation or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writ- ing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and 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 dis- pute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. {"\ •+;' Revised 6/12/18 Contract No. 4720 Page 59 of 90 Pages Nov. 19, 2019 Item #7 Page 91 of 250 (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chap- ter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive plead- ings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the com- mencement 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 media- tor within the 15-day period, any party may petition the court to appoint the mediator. (b)(1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discov- ery 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 subdi- vision 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 par- ties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. 20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Although not to be construed as proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3. {'. •+;' Revised 6/12/18 Contract No. 4720 Page 60 of 90 Pages Nov. 19, 2019 Item #7 Page 92 of 250 SECTION 4 -CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP 4-1.1 General. All materials, parts, and equipment furnished by the Contractor in the Work shall be new, high grade, and free from defects. Quality of work shall be in accordance with the generally accepted standards. Material and work quality shall be subject to the Engineer's approval. Materials and work quality not conforming to the requirements of the Specifica- tions shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site by the Contractor, at its expense, when so directed by the Engineer. If the Contractor fails to replace any defective or damaged work or material after reasonable notice, the Engineer may cause such work or materials to be re- placed. The replacement expense will be deducted from the amount to be paid to the Contractor. Used or secondhand materials, parts, and equipment may be used only if permit- ted by the Specifications. 4-1.2 Protection of Work and Materials. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the Work. Stored materials shall be reason- ably accessible for inspection. The Contractor shall also adequately protect new and existing work and all items of equipment for the duration of the Contract. The Contractor shall not, without the Agency's consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or de- livered and which may be necessary for the completion of the Contract. 4-1.3 Inspection Requirements. 4-1.3.1 General. Unless otherwise specified, inspection is required at the source for such typical materials and fabricated items as metal fabrication, metal casting, welding, protective coating application, and similar shop or plant operations. The Contractor shall provide the Engineer free and safe access to any and all parts of work at any time. Such free and safe access shall include means of safe access and egress, ventilation, lighting, shoring, dewater- ing and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Con- struction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be neces- sary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or any portion of the work or materials incorporated in the work shall not re- lieve Contractor from any obligation to fulfill this Contract. {'\ •ff Revised 6/12/18 Contract No. 4720 Page 61 of 90 Pages Nov. 19, 2019 Item #7 Page 93 of 250 4-1.3.2 Inspection of Materials Not Locally Produced. When the Contractor intends to purchase materials, fabricated products, or equipment from sources located more than 50 miles outside the geographical limits of the Agency, an inspector or accredited testing laboratory (approved by the Engineer), shall be engaged by the Contractor at its expense, to inspect the materials, equipment or process. This approval shall be obtained be- fore producing any material or equipment. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the Specifications. The Contractor shall forward reports required by the Engineer. No material or equipment shall be shipped nor shall any pro- cessing, fabrication or treatment of such materials be done without proper inspection by the approved agent. Approval by said agent shall not relieve the Contractor of responsibility for complying with the Contract require- ments. 4-1.3.3 Inspection by the Agency. The Agency will provide all inspection and testing laboratory services within 50 miles of the geographical limits of the Agency. For private contracts, all costs of inspection at the source, includ- ing salaries and mileage costs, shall be paid by the permittee. 4-1.4 Test of Material. Before incorporation in the Work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the Agency. The Contractor, at its expense, shall deliver the materials for testing to the place and at the time designated by the Engineer. Unless otherwise provided, all initial test- ing will be performed under the direction of the Engineer, and at no expense to the Contractor. If the Contractor is to provide and pay for testing, it will be stated in the Specifications. For private contracts, the testing expense shall be borne by the permittee. The Contractor shall notify the Engineer in writing, at least 15 days in advance, of its intention to use materials for which tests are specified, to allow sufficient time to perform the tests. The notice shall name the proposed supplier and source of material. If the notice of intent to use material is sent before the materials are available for testing or inspection, or is sent so far in advance that the materials on hand at the time will not last but will be replaced by a new lot prior to use on the Work, it will be the Contractor's responsibility to notify the Engineer when samples which are representative may be obtained. Except as specified in these Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications, Technical Specification, and any Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials pro- posed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the {'\ •+;' Revised 6/12/18 Contract No. 4720 Page 62 of 90 Pages Nov. 19, 2019 Item #7 Page 94 of 250 product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves un- acceptable after improper storage, handling or for any other reason it shall be re- jected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. 4-1.5 Certification. The Engineer may waive materials testing requirements of the Specifications and accept the manufacturer's written certification that the materi- als to be supplied meet those requirements. Material test data may be required as part of the certification. 4-1.6 Trade Names or Equals. The Contractor may supply any of the materials speci- fied or offer an equivalent. The Engineer shall determine whether the material of- fered is equivalent to that specified. Adequate time shall be allowed for the Engi- neer to make this determination. Whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by name of manufacturer, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the words or equal. A listing of materials is not intended to be comprehensive, or in order of preference. The Contractor may offer any material, process, or equip- ment considered to be equivalent to that indicated. The substantiation of offers shall be submitted as provided in the contract documents. The Contractor shall, at its expense, furnish data concerning items offered by it as equivalent to those specified. The Contractor shall have the material tested as required by the Engineer to determine that the quality, strength, physical, chemi- cal, or other characteristics, including durability, finish, efficiency, dimensions, service, and suitability are such that the item will fulfill its intended function. Test methods shall be subject to the approval of the Engineer. Test results shall be reported promptly to the Engineer, who will evaluate the results and determine if the substitute item is equivalent. The Engineer's findings shall be final. Installation and use of a substitute item shall not be made until approved by the Engineer. If a substitute offered by the Contractor is not found to be equal to the specified material, the Contractor shall furnish and install the specified material. The specified Contract completion time shall not be affected by any circumstance developing from the provisions of this section. The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associ- ated items, availability of repair parts and suitability of application the Contractor shall remove the substituted item and replace it with the originally specified item at no cost to the Agency. 4-1. 7 Calibration of Testing Equipment. Testing equipment, such as, but not limited to pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency ('\ •;;' Revised 6/12/18 Contract No. 4720 Page 63 of 90 Pages Nov. 19, 2019 Item #7 Page 95 of 250 acceptable to the Engineer at intervals not to exceed 12 months and following re- pairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer. 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, remove and dispose excess of all materials used to accomplish the Work. Materials shall be delivered to the site of the work only during working hours, as defined in Section 6-7.2, and shall be accompanied by bills of lading that shall clearly state for each delivery: the name of the Contractor as consignee, the project name and number, address of delivery and name of consignor and a description of the material(s) shipped. Prior to storage of any materials which have been shipped to or by the Con- tractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage or deterioration of all stored materials shall be the Contractor's responsibility. Conform- ance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. l'. •+;' Revised 6/12/18 Contract No. 4720 Page 64 of 90 Pages Nov. 19, 2019 Item #7 Page 96 of 250 SECTION 5 -UTILITIES 5-1 LOCATION. The Agency and affected utility companies have, by a search of known rec- ords, endeavored to locate and indicate in the Contract Documents, all utilities which ex- ist within the limits of the work. However, the accuracy and/or completeness of the na- ture, size and/or location of utilities indicated is not guaranteed. Where underground main distribution conduits such as water, gas, sewer, electric power, telephone, or cable television are shown in the Contract Documents, the Contractor shall assume that every property parcel will be served by a service connection for each type of utility. As provided in Section 4216 of the California Government Code, at least 2 working days prior to commencing any excavation, the Contractor shall contact the regional notification center (Underground Service Alert of Southern California) and obtain an inquiry identifi- cation number. The California Department of Transportation is not required by Section 4216 to become a member of the regional notification center. The Contractor shall contact it for location of its subsurface installations. The Contractor shall determine the location and depth of all utilities, including service connections, which have been marked by the respective owners and which may affect or be affected by its operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 5-2 PROTECTION. The Contractor shall not interrupt the service function or disturb the sup- port of any utility without authority from the owner or order from the Agency. All valves, switches, vaults, and meters shall be maintained readily accessible for emergency shutoff. Where protection is required to ensure support of utilities located shown in the Contract Documents or in accordance with Section 5-1, the Contractor shall, unless otherwise pro- vided, furnish and place the necessary protection at its expense. Upon learning of the existence and location of any utility omitted from or shown incor- rectly in the Contract Documents, the Contractor shall immediately notify the Engineer in writing. When authorized by the Engineer, support or protection of the utility will be paid for as provided in Section 3-2.2.3 or 3-3. The Contractor shall immediately notify the Engineer and the utility owner if any utility is disturbed or damaged. The Contractor shall bear the costs of repair or replacement of any utility damaged if located as noted in Section 5-1. 5-3 REMOVAL. Unless otherwise specified, the Contractor shall remove all interfering por- tions of utilities shown in the Contract Documents or indicated in the Bid documents as "abandoned" or "to be abandoned in place". Before starting removal operations, the Con- tractor shall ascertain from the Agency whether the abandonment is complete, and the costs involved in the removal and disposal shall be included in the Bid for the items of work necessitating such removals. ,., •+' Revised 6/12/18 Contract No. 4720 Page 65 of 90 Pages Nov. 19, 2019 Item #7 Page 97 of 250 5-4 RELOCATION. When feasible, the owners responsible for utilities within the area af- fected by the Work will complete their necessary installations, relocations, repairs, or re- placements before commencement of work by the Contractor. When the Specifications indicate that a utility installation is to be relocated, altered, or constructed by others, the Agency will conduct all negotiations with the owners and work will be done at no cost to the Contractor. Utilities which are relocated in order to avoid interference shall be pro- tected in their position and the cost of such protection shall be included in the Bid for the items of work necessitating such relocation. After award of the Contract, portions of utilities which are found to interfere with the Work will be relocated, altered or reconstructed by the owners, or the Engineer may order changes in the Work to avoid interference. Such changes will be paid for in accordance with Section 3-2. When the Specifications provide for the Contractor to alter, relocate, or reconstruct a util- ity, all costs for such work shall be included in the Bid for the items of work necessitating such work. Temporary or permanent relocation or alteration of utilities requested by the Contractor for its convenience shall be its responsibility and it shall make all arrange- ments and bear all costs. The utility owner will relocate service connections as necessary within the limits of the Work or within temporary construction or slope easements. When directed by the Engi- neer, the Contractor shall arrange for the relocation of service connections as necessary between the meter and property line, or between a meter and the limits of temporary construction or slope easements. The relocation of such service connections will be paid for in accordance with provisions of Section 3-3. Payment will include the restoration of all existing improvements which may be affected thereby. The Contractor may agree with the owner of any utility to disconnect and reconnect interfering service connections. The Agency will not be involved in any such agreement. In conformance with Section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown in the Contract Documents and are noted as be- ing located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that in- terfere with the construction, the Contractor, upon the Engineer's approval, may be per- mitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's con- venience and no additional compensation will be allowed therefore or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. 5-5 DELAYS. The Contractor shall notify the Engineer of its construction schedule insofar as it affects the protection, removal, or relocation of utilities. Said notification shall be in- cluded as a part of the construction schedule required in Section 6-1. The Contractor ,, • ., Revised 6/12/18 Contract No. 4720 Page 66 of 90 Pages Nov. 19, 2019 Item #7 Page 98 of 250 shall notify the Engineer in writing of any subsequent changes in the construction sched- ule which will affect the time available for protection, removal, or relocation of utilities. The Contractor will not be entitled to damages or additional payment for delays attributa- ble to utility relocations or alterations if correctly located, noted, and completed in accord- ance with Section 5-1. The Contractor may be given an extension of time for unforeseen delays attributable to unreasonably protracted interference by utilities in performing work correctly shown in the Contract Documents. The Agency will assume responsibility for the timely removal, relocation, or protection of existing main or trunkline utility facilities within the area affected by the Work if such utili- ties are not identified in the Contract Documents. The Contractor will not be assessed liquidated damages for any delay caused by failure of Agency to provide for the timely removal, relocation, or protection of such existing facilities. If the Contractor sustains loss due to delays attributable to interferences, relocations, or alterations not covered by Section 5-1, which could not have been avoided by the judi- cious handling of forces, equipment, or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable and the Contractor may be granted an extension of time. 5-6 COOPERATION. When necessary, the Contractor shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work. ('\ •+' Revised 6/12/18 Contract No. 4720 Page 67 of 90 Pages Nov. 19, 2019 Item #7 Page 99 of 250 SECTION 6 -PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Except as other- wise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within _1Q_ calendar days after receipt of the "Notice to Proceed." 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the En- gineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, ad- ministration, and execution of the project is mandatory for the meeting to be con- vened. Failure of the Contractor to have the Contractor's responsible project per- sonnel attend the Preconstruction Meeting will be grounds for default by Contrac- tor per Section 6-4. No separate payment will be made for the Contractor's at- tendance at the meeting. The Notice to Proceed will only be issued after the completion of the preconstruction meeting. 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall sub- mit the Baseline Construction Schedule per the submittal requirements of Section 2-5.3 at the Pre-Construction Meeting. The submittal of the Baseline Construction Schedule shall include each item and element of Sections 6-1.2 through 6-1.2.8 and shall be on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media. 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Con- tractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan show- ing the sequence, duration, and interdependence of all activities required to rep- resent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the pro- jected date of issuance of the Notice to Proceed and conclude with the date of final completion per the contract duration. The Baseline Construction Schedule shall include detail of all project phasing, staging, and sequencing, including all milestones necessary to define beginning and ending of each phase or stage. 6-1.2.1 Bar Chart. As a part of the Baseline Construction Schedule the Contrac- tor shall prepare and submit to the Engineer a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.2.2 Schedule Software. The Contractor shall use commercially available software equal to the Project 2013 program by Microsoft Corporation or SureTrak Project Manager 3.0 by Primavera to prepare the Baseline Construction Schedule and all updates thereto. 6-1.2.3 Schedule Activities. Except for submittal activities, activity durations shall not be shorter than 1 working day nor longer than 15 working days, unless specifically and individually allowed by the Engineer. The num- ber of activities will be sufficient, in the judgment of the Engineer, to l' •+' Revised 6/12/18 Contract No. 4720 Page 68 of 90 Pages Nov. 19, 2019 Item #7 Page 100 of 250 communicate the Contractor's plan for project execution, to accurately describe the project work, and to allow monitoring and evaluation of pro- gress and of time impacts. Each activity's description shall accurately define the work planned for the activity and each activity shall have rec- ognizable beginning and end points. 6-1.2.4 Float. Float or slack time within the schedule is available without charge or compensation to whatever party or contingency first exhausts it. 6-1.2.5 Restraints to Activities. Any submittals, utility interfaces, or any fur- nishing of Agency supplied materials, equipment, or services, which may impact any activity's construction shall be shown as a restraint to those activities. Time periods to accommodate the review and correction of submittals shall be included in the schedule. 6-1.2.6 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be accepta- ble and will be grounds for determination of default by Contractor, per Section 6-4. 6-1.2.7 Early Completion. The Baseline Construction Schedule will show the Contractor's plan to support and maintain the project for the entire con- tractual time span of the project. Should the Contractor propose a pro- ject duration shorter than contract duration, a complete Baseline Con- struction Schedule must be submitted, reflecting the shorter duration, in complete accordance with all schedule requirements of Section 6-1. The Engineer may choose to accept the Contractor's proposal of a pro- ject duration shorter than the duration specified; provided the Agency is satisfied the shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public and private, which interface with the project are able to support the provisions of the shortened Baseline Construction Schedule. The Agency's acceptance of a short- ened duration project will be confirmed through the execution of a con- tract change order revising the project duration and implementing all contractual requirements including liquidated damages in accordance with the revised duration. 6-1.2.8 Engineer's Review. The Construction Schedule is subject to the review of the Engineer. The Engineer's determination that the Baseline Con- struction Schedule proposed by the Contractor complies with the re- quirements of these supplemental provisions shall be a condition prece- dent to issuance of the Notice to Proceed by the Engineer. If the Engi- neer determines that the Construction Schedule does not meet the re- quirements of these specifications the Contractor shall correct the Con- struction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the Contractor to obtain the Engineer's determina- tion that the initial Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions within thirty (30) working days after the date of the preconstruction meeting shall be grounds for termination of the contract per Section 6-4. Days ,, •+' Revised 6/12/18 Contract No. 4720 Page 69 of 90 Pages Nov. 19, 2019 Item #7 Page 101 of 250 used by the Engineer to review the initial Construction Schedule will not be included in the 30 working days. The Engineer will review and return to the Contractor, with any com- ments, the Baseline Construction Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned marked as per Sections 6-1.2.8.1 through 6-1.2.8.3. "Accepted." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. "Accepted with Comments." The Contractor may proceed with the project work upon issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the Engineer's comments prior to receipt of any payments. "Not Accepted." The Contractor must resubmit the schedule incorpo- rating the corrections and changes required by the Engineer's com- ments. The Notice to Proceed will not be issued by the Engineer if the changes or corrections noted by the Engineer's comments are not sub- mitted as required hereinbefore and marked "Accepted" or "Accepted with Comments" by the Engineer. The Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes or corrections noted by the Engineer's comments are not sub- mitted as required hereinbefore and marked "Accepted" by the Engi- neer. 6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the Engineer during the last week of each month to agree upon each activ- ity's schedule status and shall submit monthly updates of the Baseline Construc- tion Schedule confirming the agreements no later than the fifth working day of the following month. The monthly update will be submitted on hard (paper) copy and electronic media conforming to Section 6-1.3.3 Electronic Media per the submittal requirements of Section 2-5.3 and will include each item and element of Sections 6-1.2 through 6-1.2.9 and 6-1.3.1 through 6-1.3.7. 6-1.3.1 Actual Activity Dates. The actual dates each activity was started and/or completed during the month. After first reporting an actual date, the Contractor shall not change that actual date in later updates without specific notification to the Engineer with the update. 6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the Contractor shall report the percentage determined by the Engineer as complete for the activity. 6-1.3.3 Electronic Media. The electronic media shall simply be a clearly legible "pdf' email attachment. 6-1.3.4 List of Changes. A list of all changes made to the activities or to the in- terconnecting logic, with an explanation for each change. ,, • ., Revised 6/12/18 Contract No. 4720 Page 70 of 90 Pages Nov. 19, 2019 Item #7 Page 102 of 250 6-1.3.5 Change Orders. Each monthly update will include the addition of the network revisions reflecting the change orders approved in the previous month. The network revisions will be as agreed upon during the review and acceptance of the Contractor's change orders. 6-1.3.6 Bar Chart. Each monthly update will include a chart showing individual tasks and their durations arranged with the tasks on the vertical axis and duration on the horizontal axis. The bar chart shall use differing texture patterns or distinctive line types to show the critical path. 6-1.4 Engineer's Review of Updated Construction Schedule. The Engineer will re- view and return the Updated Construction Schedule to the Contractor, with any comments, within 5 working days of submittal. The Updated Construction Sched- ule will be returned marked as per Sections 6-1.4.1 through 6-1.4.3. Any Up- dated Construction Schedule marked "Accepted with Comments" or "Not Ac- cepted" by the Engineer will be returned to the Contractor for correction. Upon re- submittal the Engineer will review and return the resubmitted Updated Construc- tion Schedule to the Contractor, with any comments, within 5 working days. Fail- ure of the Contractor to submit a monthly updated construction schedule will in- voke the same consequences as the Engineer returning a monthly updated con- struction schedule marked "Not Accepted". "Accepted." The Contractor may proceed with the project work. "Accepted with Comments." The Contractor may proceed with the project work. The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's com- ments prior to receipt of current month's pay estimate. "Not Accepted." The Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the corrections and changes noted in the Engineer's comments prior to receipt of current month's pay estimate. The Con- tractor, at the sole option of the Engineer, may be considered as having defaulted the contract under the provisions of Section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments are not submitted and marked "Accepted" by the Engineer before the last day of the month in which the Updated Construction Schedule is due. If the Contractor fails to submit the corrected Updated Construc- tion Schedule as required herein the Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to proceed with the pro- ject, any resulting delay, impact, or disruption to the project will be the Contrac- tor's responsibility. 6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion or contractually required milestone date later than the properly ad- justed contract or milestone duration, the Agency may withhold Liquidated Dam- ages for the number of days late. Should a subsequent "Accepted" Schedule Up- date remove all or a portion of the delay, all or the allocated portion of the previ- ously held Liquidated Damages shall be released in the monthly payment to the Contractor immediately following the "Accepted" schedule. ('\ •ff Revised 6/12/18 Contract No. 4720 Page 71 of 90 Pages Nov. 19, 2019 Item #7 Page 103 of 250 6-1.6 Interim Revisions. Should the actual or projected progress of the work become substantially different from that depicted in the Project Schedule, independently of and prior to the next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list and explanation of each change made to the schedule. The Revised Construction Schedule will be submitted per the submittal requirements of Section 2-5.3 and per the schedule review and acceptance re- quirements of Section 6-1, including but not limited to the acceptance and pay- ment provisions. As used in this section "substantially different" means a time vari- ance greater than 5 percent of the number of days of duration for the project. 6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final sched- ule update when one hundred percent of the construction work is completed. The Contractor's Final Schedule Update must accurately represent the actual dates for all activities. The final schedule update shall be prepared and reviewed per Sections 6-1.3 Preparation of Schedule Updates and Revisions and 6-1. 4 Engi- neer's Review of Updated Construction Schedule. Acceptance of the final sched- ule update is required for completion of the project and release of any and all funds retained per Section 9-3.2. 6-1.8 Measurement and Payment of Construction Schedule. The Contractor's prep- aration, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefore. 6-2 PROSECUTION OF WORK. To minimize public inconvenience and possible hazard and to restore work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall dili- gently prosecute the Work to completion. If the Engineer determines that the Contractor is failing to prosecute the Work to the proper extent, the Contractor shall, upon orders from the Engineer, immediately take steps to remedy the situation. All costs of prosecut- ing the Work as described herein shall be included in the Contractor's Bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer, the Engineer may suspend the work in whole or part, until the Contractor takes said steps. As soon as possible under the provisions of the Specifications, the Contractor shall re- store to usefulness all improvements existing prior to the start of the Work. If Work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contrac- tor fails to properly provide for public safety, traffic, and protection of the Work during pe- riods of suspension, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such actions will not relieve the Contractor from liability. 6-2.1 Scope of Work. The work to be done shall consist of furnishing all labor, equip- ment and materials, and performing all operations necessary to complete the Pro- ject Work as shown in the Contract Documents. The work includes properly cleaning the roof surface, filling in of low spots as indicated on the drawings, rein- forcing weak roof areas with additional plies of roofing material, flashing and counterflashing installation at parapet wall, protection of existing heating, ventilat- ing and air conditioning (HVAC) equipment from damage and odor infiltration dur-,, •+;' Revised 6/12/18 Contract No. 4720 Page 72 of 90 Pages Nov. 19, 2019 Item #7 Page 104 of 250 ing roofing work, using carbon air filter media on HVAC unit air intakes to trap po- tential odors from roofing work, spray-applied roofing product meeting require- ments of technical specifications and applied in designated areas on roof and in- stallation of elastomeric coating above counterflashing, flashing at sight screen supports, installation of non-skid walk surface (3 foot width as indicated on draw- ings) from roof access hatch to services areas for HVAC units. City may also in- clude work of fall protection at roof access hatch and skylights and installation of new double-domed acrylic skylights. No HVAC or truss reinforcement work has been included in this Request for Bid, though this work is described in the drawings. NOTE: ALL MATERIAL HOISTING, EXCESSIVELY NOISY OR VIBRATORY WORK SHALL BE DONE ON AFTER HOURS AND ACCORDING TO APPROVED SCHEDULE FOR SUCH WORK. 6-2.2 Project Meetings. The Engineer will establish the time and location of weekly or bi-weekly Project Meetings as he/she determines necessary. The Contractor's Representative shall attend each Project Meeting. The Project Representative shall be the individual determined under Section 7-6, 'The Contractor's Repre- sentative". No separate payment for attendance of the Contractor, the Contrac- tor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. 6-2.3 Construction Manager. The Contractor's personnel and subcontractors shall work in cooperation with city's Construction Manager -SchneiderCM. The city's Construction Manager has not been retained to direct any work, but has the full authority of the city to oversee and help coordinate the Contractor's work with city representatives. Contractor is advised to work cooperatively with the city's Con- struction Manager to optimize the overall success of the project. 6-3 SUSPENSION OF WORK. 6-3.1 General. The Work may be suspended in whole or in part when determined by the Engineer that the suspension is necessary in the interest of the Agency. The Contractor shall comply immediately with any written order of the Engineer. Such suspension shall be without liability to the Contractor on the part of the Agency except as otherwise specified in Section 6-6.3. 6-4 DEFAULT BY CONTRACTOR. If the Contractor fails to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of deliv- ery of material, to execute the Work in the manner and at such locations as specified, or fails to maintain the Work schedule which will insure the Agency's interest, or, if the Con- tractor is not carrying out the intent of the Contract, the Agency may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satis- factory compliance with the Contract. The Contract may be canceled by the Board without liability for damage, when in the Board's opinion the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the Board's consent. In the event of such cancellation, the Contractor will be paid the actual amount due based on {'. •+;' Revised 6/12/18 Contract No. 4720 Page 73 of 90 Pages Nov. 19, 2019 Item #7 Page 105 of 250 Contract Unit Prices or lump sums bid and the quantity of the Work completed at the time of cancellation, less damages caused to the Agency by acts of the Contractor. The Con- tractor, in having tendered a Bid, shall be deemed to have waived any and all claims for damages because of cancellation of Contract for any such reason. If the Agency de- clares the Contract canceled for any of the above reasons, written notice to that effect shall be served upon the Surety. The Surety shall, within five (5) days, assume control and perform the Work as successor to the Contractor. If the Surety assumes any part of the Work, it shall take the Contractor's place in all re- spects for that part, and shall be paid by the Agency for all work performed by it in ac- cordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default shall be payable to the Surety as the Work pro- gresses, subject to the terms of the Contract. If the Surety does not assume control and perform the Work within 5 days after receiving notice of cancellation, or fails to continue to comply, the Agency may exclude the Surety from the premises. The Agency may then take possession of all material and equipment and complete the Work by Agency forces, by letting the unfinished Work to another Con- tractor, or by a combination of such methods. In any event, the cost of completing the Work shall be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the Agency. If the sums due under the Contract are insufficient for completion, the Contractor or Surety shall pay to the Agency within 5 days after the completion, all costs in excess of the sums due. The provisions of this section shall be in addition to all other rights and remedies availa- ble to the Agency under law. 6-5 TERMINATION OF CONTRACT. The Board may terminate the Contract at its own dis- cretion or when conditions encountered during the Work make it impossible or impracti- cable to proceed, or when the Agency is prevented from proceeding with the Contract by act of God, by law, or by official action of a public authority. 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.1 General. If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as pro- vided herein, but the Contractor will not be entitled to damages or additional pay- ment due to such delays, except as provided in 6-6.3. Such unforeseen events may include: war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating cessation of work, inability to obtain materials, labor or equipment, required extra work, or other specific events as may be further described in the Specifications. No extension of time will be granted for a delay caused by the Contractor's inabil- ity to obtain materials unless the Contractor furnishes to the Engineer documen- tary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by events other than those mentioned above, the Engineer may deem an extension of time to be in the best ('\ •,; Revised 6/12/18 Contract No. 4720 Page 74 of 90 Pages Nov. 19, 2019 Item #7 Page 106 of 250 interests of the Agency. The Contractor will not be entitled to damages or addi- tional payment due to such delays, except as provided in Section 6-6.3. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Section 6-6.2. 6-6.2 Extensions of Time. Extensions of time, when granted, will be based upon the effect of delays to the Work. They will not be granted for non-controlling delays to minor portions of the Work unless it can be shown that such delays did or will de- lay the progress of the Work. 6-6.3 Payment for Delays to Contractor. The Agency will not be liable for damages which the Contractor could have avoided by any reasonable means, such as judi- cious handling of forces, equipment, or plant. The determination of what damages the Contractor could have avoided will be made by the Engineer. 6-6.4 Written Notice and Report. The Contractor shall provide written notice to the En- gineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefore. 6-7 TIME OF COMPLETION. 6-7.1 General. The Contractor shall complete the Work within the time set forth in the Contract. The time of completion of the Contract shall be expressed in working days. The Contractor shall diligently prosecute the work to completion within four (4) months (87 working days) after the starting date specified in the Notice to Proceed, or as otherwise negotiated with the city's Municipal Projects Manager. 6-7.2 Working Day. A working day is any day within the period between the start of the Contract time as defined in Section 6-1 and the date provided for completion, or upon field acceptance by the Engineer for all work provided for in the Contract, whichever occurs first, other than: 1. Saturday, 2. Sunday, 3. any day designated as a holiday by the Agency, 4. any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor association, l'\ •;, Revised 6/12/18 Contract No. 4720 Page 75 of 90 Pages Nov. 19, 2019 Item #7 Page 107 of 250 5. any day the Contractor is prevented from working at the beginning of the work- day for cause as defined in Section 6-6.1, 6. any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as defined in Section 6-6.1. Unless otherwise approved in writing by the Engineer, the hours of unobtrusive (to building occupant) work shall be between the hours of 7:00 a.m. and 5:00 p.m. The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work performed during these outside hours. No work involving material hoisting, excessive noise or vibration shall be performed by the Contractor between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday. The Contractor shall incorporate the dates, areas and types of work prohibited in this section into the Construction Schedule required by Section 6.1. No additional payment, adjustment of bid prices or adjustment of contract time of completion will be allowed as a consequence of the prohibition of work being performed within the dates, areas and/or types of work prohibited in this section. 6-7.3 Contract Time Accounting. The Engineer will make a daily determination of each working day to be charged against the Contract time. These determinations will be discussed and the Contractor will be furnished a periodic statement show- ing allowable number of working days of Contract time, as adjusted, at the begin- ning of the reporting period. The statement will also indicate the number of work- ing days charged during the reporting period and the number of working days of Contract time remaining. If the Contractor does not agree with the statement, it shall file a written protest within 15 days after receipt, setting forth the facts of the protest. Otherwise, the statement will be deemed to have been accepted. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. The Work will be inspected by the Engineer for acceptance upon receipt of the Contractor's written assertion that the Work has been completed. Permanent use of roof system will initiate the start of the roof warranty period if, in the Engineer's judgment, the Work is "Substantially Complete." All work shall be guaranteed for two (2) years after the date the Engineer determines the work is "Substantially Com- plete" and any faulty work or materials discovered during the guaranty period shall be re- paired or replaced by the Contractor, at its expense. Twenty-five percent of the Faithful Performance Bond shall be retained as a warranty bond for the two-year guarantee period. The Contractor shall replace or repair any such defective work in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the Agency may perform this work and the Contractor's sureties shall be liable for the cost thereof. The Engineer will not accept the Work as being 100% complete until all Work is com- plete, all outstanding deficiencies that may exist are corrected by the Contractor, the En- gineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work and all close out ,, •+' Revised 6/12/18 Contract No. 4 720 Page 76 of 90 Pages Nov. 19, 2019 Item #7 Page 108 of 250 documents have been submitted and approved. Upon Engineer's acceptance of the completed Work, the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. 6-9 LIQUIDATED DAMAGES. Failure of the Contractor to complete the Work within the time allowed will result in damages being sustained by the Agency. For each consecutive cal- endar day in excess of the time specified for completion of Work, as adjusted in accord- ance with Section 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of two hundred and fifty ($250.00) dollars. Liquidated Damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs. Execution of the Contract shall constitute agreement by the Agency and Contractor that $250.00 per day is the minimum value of costs and actual damages caused by the Con- tractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. 6-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The Agency will be occupying all or part of the facility and adjacent parking lot during the work. ,, •+;' Revised 6/12/18 Contract No. 4720 Page 77 of 90 Pages Nov. 19, 2019 Item #7 Page 109 of 250 SECTION 7 -RESPONSIBILITIES OF THE CONTRACTOR 7-1 CONTRACTOR'S EQUIPMENT AND FACILITIES. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execu- tion and inspection of the Work. Such equipment and facilities shall meet all require- ments of applicable ordinances and laws. 7-2 LABOR. 7-2.1 General. Only competent workers shall be employed on the Work. Any person employed who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the site by the Contractor and not be reemployed on the Work of this project. Contractor shall immediately replace such removed workers with competent substitute personnel meeting the compe- tence and behavior performance stated above. 7-2.2 Laws. The Contractor, its agents, and employees shall be bound by and comply with applicable provisions of the Labor Code and Federal, State, and local laws related to labor. The Contractor shall strictly adhere to the provisions of the Labor Code regarding minimum wages; the 8-hour day and 40-hour week; overtime; Saturday, Sunday, and holiday work; and nondiscrimination because of race, color, national origin, sex, or religion. The Contractor shall forfeit to the Agency the penalties prescribed in the Labor Code for violations. In accordance with the Labor Code, the Agency has on file and will publish a schedule of prevailing wage rates for the types of work to be done under the Con- tract. The Contractor shall not pay less than these rates. Each worker shall be paid subsistence and travel as required by the collective bargaining agreement on file with the State of California Department of Industrial Relations. The Contractor's attention is directed to Section 1776 of the Labor Code which imposes responsibility upon the Contractor for the maintenance, certification, and availability for inspection of such records for all persons employed by the Con- tractor or Subcontractor in connection with the project. The Contractor shall agree through the Contract to comply with this Section and the remaining provisions of the Labor Code. 7-3 LIABILITY INSURANCE. Insurance shall be required as specified in section 10 of the Public Works Contract. The cost of this insurance shall be included in the Contractor's Bid. 7-4 WORKERS' COMPENSATION INSURANCE. Before execution of the Contract by the Board, the Contractor shall file with the Engineer the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which re- quire every employer to be insured against liability for workers' compensa- tion or to undertake self-insurance in accordance with the provisions of ,, •+' Revised 6/12/18 Contract No. 4720 Page 78 of 90 Pages Nov. 19, 2019 Item #7 Page 110 of 250 that code, and I will comply with such provisions before commencing the performance of the work of this contract." The Contractor shall also comply with Section 3800 of the Labor Code by securing, pay- ing for, and maintaining in full force and effect for the duration of the contract, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the En- gineer before execution of the Contract. The Agency, its officers, or employees, will not be responsible for any claims in law or equity occasioned by failure of the Contractor to comply with this paragraph. All compensation insurance policies shall bear an endorsement or shall have attached a rider whereby it is provided that, in the event of expiration or proposed cancellation of such policies for any reason whatsoever, the Agency shall be notified by registered mail not less than 30 days before expiration or cancellation is effective. 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 Depart- ment of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Except as specified herein the Contractor will obtain, at no cost to the Con- tractor all City of Carlsbad encroachment, right-of-way, grading and building permits nec- essary to perform work for this contract on Agency property, streets, or other rights-of- way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials re- moved from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefore. The Contractor shall obtain and pay for all costs incurred for permits necessitated by its oper- ations such as, but not limited to, those permits required for night work, overload, blast- ing, and demolition. For private contracts, the Contractor shall obtain all permits inci- dental to the Work or made necessary by its operations, and pay all costs incurred by the permit requirements. The Contractor shall pay all business taxes or license fees that are required for the work. 7-6 THE CONTRACTOR'S REPRESENTATIVE. Before starting work, the Contractor shall designate in writing a representative who shall have complete authority to act for it. An alternative representative may be designated as well. The representative or alternate shall be present at the Work site whenever work is in progress or whenever actions of the elements necessitate its presence to take measures necessary to protect the Work, persons, or property. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representa- tive and alternate. In the absence of the Contractor or its representative, instructions or directions may be given by the Engineer to the superintendent or person in charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or its representative. In order to communicate with the Agency, the Contractor's representative, superinten- dent, or person in charge of specific work shall be able to speak, read, and write the English language. All requirements of paragraph 7-2.1 above apply to the Contractor's representative. ,, •+' Revised 6/12/18 Contract No. 4720 Page 79 of 90 Pages Nov. 19, 2019 Item #7 Page 111 of 250 7-7 COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The Agency, its workers and contractors and others, shall have the right to oper- ate within or adjacent to the Work site during the performance of such work. The Agency, the Contractor, and each of such workers, contractors and others, shall co- ordinate their operations and cooperate to minimize interference. The Contractor shall include in its Bid all costs involved as a result of coordinating its work with others. The Contractor will not be entitled to additional compensation from the Agency for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the Contractor shall redeploy its work force to other parts of the Work. Should the Contractor be delayed by the Agency, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will determine the ex- tent of the delay, the effect on the project, and any extension of time. 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the Engineer, a delay is caused by the utility company. No additional compensation will be made to the Contractor for any such delay. 7-8 PROJECT SITE MAINTENANCE 7-8.1 Cleanup and Dust Control. Throughout all phases of construction, including suspension of work, and until the final acceptance, the Contractor shall keep the site clean and free from rubbish and debris. The Contractor shall also abate dust nuisance by cleaning, sweeping and sprinkling with water, or other means as necessary. The use of water resulting in mud on public streets will not be permit- ted as a substitute for sweeping or other methods. Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equip- ment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All cleanup costs shall be included in the Contractor's Bid. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Given that building will remain in use during construction, it is imperative that the site be clean by 8AM on Mondays following weekend work. Failure of the Con- tractor to comply with the Engineer's cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the health safety or wel- fare of the public. The Contractor shall conduct effective cleanup and dust con- trol throughout the duration of the Contract. The Engineer may require increased l". •+;' Revised 6/12/18 Contract No. 4720 Page 80 of 90 Pages Nov. 19, 2019 Item #7 Page 112 of 250 levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.2 Air Pollution Control. The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the reg- ulations of any legally constituted authority. 7-8.3 Vermin Control. At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin, and pests. Necessary exter- mination work shall be arranged and paid for by the Contractor as part of the Work within the Contract time, and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offen- sive odors resulting from extermination operations. 7-8.4 Sanitation. The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the Work. These accommodations shall be maintained in a neat and sanitary condition. They shall also comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation of dwellings and camps. Wastewater shall not be interrupted. Should the Contractor disrupt existing sewer facilities, sewage shall be conveyed in closed conduits and disposed of in a sani- tary sewer system. Sewage shall not be permitted to flow in trenches or be cov- ered by backfill. 7-8.5 Temporary Light, Power, and Water. The Contractor shall furnish, install, main- tain, and remove all temporary light, power, and water at its own expense. These include piping, wiring, lamps, and other equipment necessary for the Work. The Contractor shall not draw water from any fire hydrant (except to extinguish a fire}, without obtaining permission from the water agency concerned. The Contractor shall obtain a construction meter for water used for the construction, plant estab- lishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for re- quirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefore. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefore. 7-8.6 Water Pollution Control. The Contractor shall exercise every reasonable pre- caution to protect channels, storm drains, and bodies of water from pollution. It shall conduct and schedule operations so as to minimize or avoid muddying and silting of said channels, drains, and waters. Water pollution control work shall consist of constructing those facilities which may be required to provide preven- tion, control, and abatement of water pollution. See Specifications for project specifics. 7-8.7 Drainage Control. The Contractor shall maintain drainage within and through the work areas. Earth dams will not be permitted in paved areas. Temporary dams of {'\ •f' Revised 6/12/18 Contract No. 4720 Page 81 of 90 Pages Nov. 19, 2019 Item #7 Page 113 of 250 sandbags, asphaltic concrete, or other acceptable material will be permitted when necessary. Such dams shall be removed from the site as soon as their use is no longer necessary. 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 at- tention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.) which are damaged or removed as a result of its operations. When a portion of a sprinkler system within the right-of-way must be removed, the remaining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. All costs to the Contractor for protecting, removing, and restoring existing improvements shall be included in the Bid. 7-10 PUBLIC CONVENIENCE AND SAFETY 7-10.1 Traffic and Access. The Contractor's operations shall cause no unnecessary in- convenience. The access rights of the public shall be considered at all times. Un- less otherwise authorized, traffic shall be permitted to pass through the Work, or an approved detour shall be provided. Safe and adequate pedestrian and vehicular access shall be provided and main- tained to: fire hydrants; commercial and industrial establishments; churches, schools and parking lots; service stations and motels; hospitals; police and fire stations; and establishments of similar nature. Access to these facilities shall be continuous and unobstructed unless otherwise approved by the Engineer. Safe and adequate pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work at intervals not exceeding 90 m (300 feet}, shall be maintained unless otherwise approved by the Engineer. The contractor shall post no parking signs 72 hours in advance of work being per- formed. The no parking signs shall state the date and time of parking restriction for a duration not to exceed the time necessary to complete the work at that loca- tion. Failure of the contractor to meet the posted date requires re-posting the no parking signs 72 hours in advance of the rescheduled work. If the work is de- layed or rescheduled the no parking signs shall be removed and re-posted 72 hours in advance of the rescheduled work. The preparation, materials, printing and distribution of the notifications shall be included in the contract price bid for traffic control and the Contractor will not be entitled to any additional compensation for printing and distributing these notices. {'\ •+f Revised 6/12/18 Contract No. 4720 Page 82 of 90 Pages Nov. 19, 2019 Item #7 Page 114 of 250 The contractor shall replace all landscaping, hardscape and striping damaged by construction activities. The Contractor shall include in its Bid all costs for the above requirements. 7-10.2 Storage of Equipment and Materials in Public Streets. Not used. 7-10.3 Street Closures, Detours, Barricades. Not used. 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. 7-10.3.2 Maintaining Traffic. Not used. 7-10.3.3 Traffic Control System for Lane Closure. Not used. 7-10.4 Safety. 7-10.4.1 Safety Orders. The Contractor shall have at the Work site, copies of suitable extracts of: Construction Safety Orders, and General Industry Safety Orders issued by the State Division of Industrial Safety. The Con- tractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. Payment for performing all work necessary to provide safety measures shall be included in the prices bid for other items of work except where separate bid items for excavation safety are provided, or required by law. 7-10.4.2 Special Hazardous Substances and Processes. Materials that contain hazardous substances or mixtures may be required on the Work. A Ma- terial Safety Data Sheet as described in Section 5194 of the California Code of Regulations shall be requested by the Contractor from the man- ufacturer of any hazardous products used. Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label. The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions. 7-10.4.3 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Mu- nicipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary ,, •f' Revised 6/12/18 Contract No. 4720 Page 83 of 90 Pages Nov. 19, 2019 Item #7 Page 115 of 250 safeguards for the protection of workers and public, and shall use dan- ger signs warning against hazards created by such features of construc- tion as protruding nails, hoists, well holes, and falling materials. 7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in its Bid the patent fees or royalties on any patented article or process furnished or used in the Work. The Con- tractor shall indemnify and hold the Agency harmless from any legal action that may be brought for infringement of patents. 7-12 ADVERTISING. The names, addresses and specialties of Contractors, Subcontractors, architects, or engineers may be displayed on removable signs. The size and location shall be subject to the Engineer's approval. Commercial advertising matter shall not be attached to or painted on the surfaces of buildings, fences, canopies, or barricades. 7-13 LAWS TO BE OBSERVED. The Contractor shall keep fully informed of State and Na- tional laws and County and Municipal ordinances and regulations which in any manner affect those employed in the Work or the materials used in the Work or in any way affect the conduct of the Work. The Contractor shall at all times observe and comply with such laws, ordinances, and regulations. 7-14 ANTITRUST CLAIMS. Section 7103.5 of the Public Contract Code provides: "In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment of the parties." {'\ •+' Revised 6/12/18 Contract No. 4720 Page 84 of 90 Pages Nov. 19, 2019 Item #7 Page 116 of 250 SECTION 8-MEASUREMENT AND PAYMENT 8-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 8-1.1 General. Unless otherwise specified, quantities of work shall be determined from measurements or dimensions in horizontal planes. However, linear quantities of pipe, piling, fencing and timber shall be considered as being the true length measured along longitudinal axis. Unless otherwise provided in Specifications, volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimension. 8-1.2 Methods of Measurement. Materials and items of work which are to be paid for on basis of measurement shall be measured in accordance with methods stipu- lated in the particular sections involved. 8-1.3 Certified Weights. When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the En- gineer, on a completely automated weighing and recording system. The Contrac- tor shall furnish the Engineer with duplicate licensed weighmaster's certificates showing actual net weights. The Agency will accept the certificates as evidence of weights delivered. 8-1.4 Units of Measurement. The system of measure for this contract shall be the U.S. Standard Measures. 8-2 LUMP SUM WORK. Items for which quantities are indicated "Lump Sum", "L.S.", or "Job", shall be paid for at the price indicated in the Bid. Such payment shall be full com- pensation for the items of work and all work appurtenant thereto. 8-3 PAYMENT 8-3.1 General. The unit and lump sum prices to be paid shall be full compensation for the items of work and all appurtenant work, including furnishing all materials, la- bor, equipment, tools, and incidentals. Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed, and material placed outside of the Plan lines. No compensation will be allowed for disposing of rejected or ex- cess material. Payment for work performed or materials furnished under an Assessment Act Contract will be made as provided in particular proceedings or legislative act un- der which such contract was awarded. Whenever any portion of the Work is performed by the Agency at the Contractor's request, the cost thereof shall be charged against the Contractor, and may be de- ducted from any amount due or becoming due from the Agency. ('\ •+;' Revised 6/12/18 Contract No. 4720 Page 85 of 90 Pages Nov. 19, 2019 Item #7 Page 117 of 250 Whenever immediate action is required to prevent injury, death, or property dam- age, and precautions which are the Contractor's responsibility have not been taken and are not reasonably expected to be taken, the Agency may, after rea- sonable attempt to notify the Contractor, cause such precautions to be taken and shall charge the cost thereof against the Contractor, or may deduct such cost from any amount due or becoming due from the Agency. Agency action or inac- tion under such circumstances shall not be construed as relieving the Contractor or its Surety from liability. Payment shall not relieve the Contractor from its obligations under the Contract; nor shall such payment be construed to be acceptance of any of the Work. Pay- ment shall not be construed as the transfer of ownership of any equipment or ma- terials to the Agency. Responsibility of ownership shall remain with the Contractor who shall be obligated to store any fully or partially completed work or structure for which payment has been made; or replace any materials or equipment re- quired to be provided under the Contract which may be damaged, lost, stolen or otherwise degraded in any way prior to acceptance of the Work, except as pro- vided in Section 6-10. Guarantee periods shall not be affected by any payment but shall commence on the date of Substantial Completion as determined by the Engineer. If, within the time fixed by law, a properly executed notice to stop payment is filed with the Agency, due to the Contractor's failure to pay for labor or materials used in the Work, all money due for such labor or materials will be withheld from pay- ment to the Contractor in accordance with applicable laws. At the expiration of 35 days from the date of acceptance of the Work by the Board, or as prescribed by law, the amount deducted from the final estimate and retained by the Agency will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop pay- ment, or as may be authorized by the Contract to be further retained. 8-3.2 Partial and Final Payment. The Engineer will, after award of Contract, establish a closure date for the purpose of making monthly progress payments. The Con- tractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the Agency's pay- ment procedure. Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on contract unit prices, completed change order work and as provided for in Section 8-2 of these General Provisions. Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall com- plete the detailed progress pay estimate and submit it to the Contractor for the Contractor's information. Should the Contractor assert that additional payment is due, the Contractor shall within ten (10) days of receipt of the progress estimate, submit a supplemental payment request to the Engineer with adequate justification supporting the amount of supplemental payment request. Upon receipt of the sup- {'\ •+' Revised 6/12/18 Contract No. 4720 Page 86 of 90 Pages Nov. 19, 2019 Item #7 Page 118 of 250 plemental payment request, the Engineer shall, as soon as practicable after re- ceipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practica- ble, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supple- mental payment request was not proper. In conformance with Public Contract Code Section 20104.50, the City shall make payments within thirty (30) days after receipt of an undisputed and properly submitted supplemental payment request from the Contractor. If payment of the undisputed supplemental payment request is not made within thirty (30) days after receipt by the Engineer, then the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.01 0 of the Code of Civil Procedure. From each progress estimate, 1 0 percent will be deducted and retained by the Agency, and the remainder less the amount of all previous payments will be paid. No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9. As provided in Section 22300 of the California Public Contract Code, the Contrac- tor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract. After final inspection, the Engineer will develop a monetized punch list of deficient work to be corrected by the Contractor. This punch list will be in writing and shall reflect a minimum value to be retained by the Engineer un- til the Contractor has properly repaired any deficient work. The value of the monetized punch list will be based on the need to hire a secondary Con- tractor to repair the deficient work if the original Contractor elects not to within 15 calendar days. The original Contractor shall have 5 calendar days from receipt of this punch list to provide a written statement disputing any punch list work on the monetized punch list. The original Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the original Contractor fail to submit the statement and supporting documentation within the time speci- fied, or to properly repair all deficient work listed thereon, the original Contractor acknowledges that the monetized punch list is a fair valuation of deficient work to be repaired. The original Contractor will then create a credit change order against the Contact for the Engineer to sign, to fund the repair of any deficient work remaining to be done with a secondary Contractor. If the original Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 5 calendar days and make any appropriate adjustments on the monetized punch list. Re- maining disputed quantities or amounts not approved by the Engineer will be sub- ject to resolution as specified in Section 3-5, Disputed Work. The written statement filed by the original Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The l'\ •,r Revised 6/12/18 Contract No. 4720 Page 87 of 90 Pages Nov. 19, 2019 Item #7 Page 119 of 250 Engineer will consider the merits of the original Contractor's claims. It will be the re- sponsibility of the original Contractor to furnish within a reasonable time such fur- ther information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. Upon completion of the work, the Contractor shall submit a Final Pay Estimate. 8-3.2.1 Payment for Claims. Except for those final payment items disputed in the written statement required in Section 8-3.2 all claims of any dollar amount shall be submitted in a written statement by the Contractor no later than the date of receipt of the Final Payment Estimate. Those final payment items disputed in the written statement required in Section 8-3.2 shall be submitted no later than 5 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including Sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Ac- counting, unless the Contractor has complied with notice or protest re- quirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the re- sponsibility of the Contractor to furnish within a reasonable time such fur- ther information and details as may be required by the Engineer to deter- mine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying the claims. Payment for claims shall be processed within 30 calendar days of their resolution for those claims approved by the Engineer. The Contractor shall proceed with informal dispute resolution under Section 3-5, Disputed Work, for those claims remaining in dispute. 8-3.3 Delivered Materials. When provided for in the Specifications, and subject to the limitation and conditions therein, the cost of materials and equipment delivered but not incorporated into the Work will be included in the progress estimate. 8-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the work will not be included in the progress esti- mate. 8-3.4 Mobilization. When a bid item is included in the Proposal form for mobilization and subject to the conditions and limitations in the Specifications, the costs of work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate. When no such bid item is provided, payment for such costs will be considered to be included in the other items of work. ,, •ff Revised 6/12/18 Contract No. 4720 Page 88 of 90 Pages Nov. 19, 2019 Item #7 Page 120 of 250 8-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and pre- paratory Work will be included in the various items of work and no other payment will be made. 8-4 BID ITEMS. Payment for each Bid Item shall be made at the quantity and type as listed in the Contractor's Proposal. All work shown or mentioned in the Contract Documents, General Provisions or Technical Specifications shall be considered as included in the Bid Items. Contractor must protect existing utilities, improvements, landscaping, irrigation systems, and vegetation in place. If damaged during the work, Contractor is responsible to repair or replace any utilities, improvements, landscaping, irrigation systems, and veg- etation at his expense. ,, •+' Revised 6/12/18 Contract No. 4720 Page 89 of 90 Pages Nov. 19, 2019 Item #7 Page 121 of 250 PAGE INTENTIONALLY NOT USED Nov. 19, 2019 Item #7 Page 122 of 250 Nov. 19, 2019 Item #7 Page 123 of 250 ... .. EXISTING TYP. 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"%i* l&;1c] Nov. 19, 2019 Item #7 Page 151 of 250 Nov. 19, 2019 Item #7 Page 152 of 250 APPENDIX A BASIS OF DESIGN PRODUCT DATA Nov. 19, 2019 Item #7 Page 153 of 250 AlphaGuard® BIO Base Coat High Performance, Two-Part, Bio-Based Polyurethane Base Coat Composition: The AlphaGuard BIO Base Coat is a two-part, bio-based, polyurethane roof coating. AlphaGuard BIO Base Coat is used with fiberglass mat or polyester reinforcement. Basic Uses: The AlphaGuard BIO System can be used in a variety of projects, including roof restoration, approved recover and new construc- tion assemblies, IRMA and vegetative roof systems. Limitations: • Do not apply when ambient temperatures are below 45°F (7°C) • Do not apply when overnight temperature drops below 40°F (4°() • Do not adhere to expanded polystyrene or extruded polystyrene. • Do not apply directly to plywood, tongue and groove decks, wood decks, poured in place gypsum, lightweight insulating concrete decks, structural lightweight concrete and cementitious wood fiber decks. • Not for use over coal tar pitch, gravel BUR, corrugated metal roof systems, and silicone- based coatings and sealants. Packaging: Part A -5 gallon (18.9 L) container (3.2 gal total). Part B - 1 gallon (3.78 L) container (0.8 gal total). Each Part A & Part B kit yields 4 gallons Colors: Gray Product Advantages f'caturcs Bcncffts Bio Content • High bio content makes product sustainable and environmentally friendly Catalyzed Cure • Results in faster cure times than similar one- component products Versatile • Suitable for use over many substrates/roof types High Solids • 1 00% Solids LowVOC • Low Odor • Meets California VOC limits • Can be used in limited access areas Chemical Resistant • Resistant to a wide variety of harmful chemicals Grade: Brush/roller/squeegee. Pot Life: 20-25 minutes (77°F/50% RH) *Temperature dependent -Increasing temperature reduces expected pot-life Storage Life: 12 months in unopened containers. Recommended storage conditions are in an area sheltered from harsh weather conditions at tempera- tures ranging from 60-80°F (15-26°C) and low hu- midity. Storage temperatures must not exceed 1 l 0°F (43°C). Do not store in direct sunlight. APPLICATION: Preparation: Clean the substrate with a high pres- sure power wash of at least 2,000 psi. Prior to appli- cation the surface must be clean, dry, solid, and free of dirt, grease, oil, algae, and other debris. Mixing: Use a heavy duty power drill with Jiffy Mixer attachment. Cordless drills are not recommended and may not properly mix the materials. Mix Part A (Gray Label) for 1 minute before adding Part B (Gray Label). After adding Part B mix the combined materials for a minimum of 2 minutes moving the mix blade from top to bottom. Make sure to mix areas around side walls and bottom of pail. Improper mixing will result in non-curing mate- rial. Never fully invert empty pails in attempt to drain material will result in non-curing material. Do not break down kits into smaller quantities -MIX ENTIRE KIT. Repairs: If AlphaGuard BIO is being used over an existing roof system, all appropriate repairs should be made before applying the AlphaGuard BIO sys- tem. Allow suggested cure time of repairs before applying AlphaGuard BIO to the roof surface. Reinforcement: AlphaGuard BIO Base Coat re- quires full reinforcement with AlphaGuard Glass Mat or Permafab. Fully embed reinforcement into wet coating using a brush or roller until free of voids, wrinkles, air pockets, standing fibers, etc. ACCEPTABLE ROOF SURFACES/SUBSTRATES: Bituminous Roof Systems AlphaGuard BIO can be used over aged asphalt based roof products. When using over felt roof systems, repair any blisters and degraded felts. Roofing & Weatherproofing Peace of Mind™ Nov. 19, 2019 Item #7 Page 154 of 250 Concrete AlphaGuard BIO can be used directly over concrete with the appropriate primer. Any cracks should be repaired before coating is applied. Allow new concrete to fully cure for a minimum of 28 days (a concrete dryness test should be performed before application). Single Ply Systems AlphaGuard BIO can be used over select single ply systems, when used with the appropriate primer. Modified Bitumen Systems AlphaGuard BIO can be used over MB roof systems when used with the appropriate primer. Coverage Rate: Smooth BUR/MB, Concrete, Single-Ply surfaces: 3 gals/ SQ (48 wet mils) minimum Granule surfaced MB: 4 gals/ SQ (64 wet mils) minimum Clean Up: Before the product cures, clean surfaces and equipment with lsopropyl Alcohol. Precautions: Use Tremco AlphaGuard BIO System Coatings with adequate ventilation. Users must read container labels and Material Safety Data Sheets for health and safety precautions prior to use. Availability and Cost: Contact your local Tremco Roof- ing Representative for pricing and availability. For the name and number of your Representative, call the Roof- ing Division at 216-292-5000. Maintenance: Your local Tremco Roofing Representative can provide you with effective maintenance procedures which may vary, depending upon specific conditions. Periodic inspections, early repairs and preventative maintenance are all part of a sound roof program. Guarantee/Warranty: Tremco Inc. warrants Alpha- Guard BIO to be free of defects and to meet published physical properties when cured and tested according to ASTM and Tremco standards. Under this warranty, we will provide at no charge, AlphaGuard BIO in standard packaging to replace any AlphaGuard BIO proven to be defective when applied according to our written instruc- tions, and in applications recommended by us as suit- able for AlphaGuard BIO. THIS IS BUYER'S SOLE AND EXCLUSIVE REMEDY. All claims concerning product defects must be made in writing within (12) months of shipment. The absence of such claims in writing during this period will constitute a waiver of all claims with respect to such product. This warranty shall be IN LIEU OF any other warranty, ex- press or implied, including but not limited to, any implied warranty of MERCHANTABILITY OR FITNESS FOR A PARTIC- ULAR PURPOSE. AlphaGuard BIO can be used in a system configuration. Talk to your local Tremco Representative about system roof warranties. Technical Services: Your local Tremco Representative, working with the Technical Service Staff, can help analyze conditions and needs to develop recommendations for Physical Performance Characteristics AlphaGuard BIO Base Coat Property Test Method Typical Value Tensile Strength' ASTM D412 1,400 lb/in' Water Vapor Transmission' ASTM E96 0.19 perms Low Temperature Flexibility ASTM D522 Pass at -25'F (1 /2" mandrel bend) Tear Strength 1 ASTM D5147 309 lbf Water Absorption' ASTM D471 0.008 Indentation Hardness ASTM D2240 88 Shore A Dimensional Stability' ASTM D5147 <0.1% Volume Solids ASTM D 2697 100% Weight Solids ASTM D 1644 100% Volatile Organic Content ASTM D3960 1 g/L (A+B mix) Viscosity ASTM D 2196 2,500 -5,500 cp ' Data is for AlphaGuard BIO System Skin Iii Over-Coat Times Skin Time at: 77 °F/ 50% RH 3-4 hours Over-Coat Time at: 77 °F / 50% RH 6-7 hours NOTE-Both skin & overcoat times are temperature-dependent. Higher temperatures will result in reduced skin/overcoat times, lower temperaturesmay result in extended skin/overcoat times special applications. The services of the Tremco Re- search Center, which has earned a unique reputa- tion in weather-proofing technology, complement and extend the services of the Tremco Technical Service Staff. Statement of Policy and Responsibility: Tremco takes responsibility for furnishing quality materials and for providing specifications and rec- ommendations for their proper installation. As neither Tremco itself nor its Representatives practice architecture or engineering, Tremco offers no opinion on, and expressly disclaims any re- sponsibility for the soundness of any structure on which its products may be applied. If questions arise as to the soundness of a structure or its ability to support a planned installation properly, the Owner should obtain opinions of competent struc- tural engineers before proceeding. Tremco accepts no liability for any structural failure or for resultant damages, and no Tremco Representative is author- ized to vary this disclaimer. f'RIIIICO 3735 Green Road Beachwood, OH 44122 216-292-5000 220 Wlckstaed Ave Toronto, ONT M4H 1 G7 416-421-3300 6950 Rev. 8/16 Printed in USA Nov. 19, 2019 Item #7 Page 155 of 250 AlphaGuard® BIO Top Coat High Performance, Two-Part, Bio-Based Polyurethane Top Coat Composition: The AlphaGuard BIO Top Coat is a two-part, bio-based, polyurethane roof coating. Basic Uses: The AlphaGuard BIO Top Coat can be used in a variety of projects, including roof restoration, approved recover and new construction assemblies, IRMA and vegetative roof systems. AlphaGuard BIO Top Coat is used as a surfacing over AlphaGuard BIO Base Coat and reinforcement. Limitations: • Do not apply when ambient temperatures are below 45°F (7°C) • Do not apply when overnight temperature drops below 40°F (4°C) • Do not adhere to expanded polystyrene or extruded polystyrene. • Do not apply directly to plywood, tongue and groove decks, wood decks, poured in place gypsum, lightweight insulating concrete decks, structural lightweight concrete and cementitious wood fiber decks. • Not for use over coal tar pitch, gravel BUR, corrugated metal roof systems, and silicone- based coatings and sealants -- Features Product Advanla~es Benefits Bio Content Reflective Top Coat Catalyzed Cure Versatile High Solids LowVOC Chemical Resistant • High bio content makes product sustainable and environmentally friendly • Lower surface temperature • Potential Energy Savings • Results in faster cure times than similar one- component products • Suitable for use over many substrates/roof types • 1 00% Solids • Low Odor • Meets California voe limits • Can be used in limited access areas • Resistant to a wide variety of harmful chemicals Packaging: Part A - 5 gallon (18.9 L) container (2.2 gal total). Part B - 1 gallon (3.78 L) container (0.9 gal total). Each Part A & Part B kit yields 3.1 gallons. Colors: White Grade: Brush/roller/squeegee. Pot Life: 20-25 minutes (77°F/50% RH) *Temperature dependent -Increasing temper- ature significantly reduces expected pot-life Storage Life: 12 months in unopened containers. Recommended storage conditions are in an area sheltered from harsh weather conditions at temperatures ranging from 60-80°F (15-26°C) and low humidity. Storage temperatures must not exceed 110°F (43°C). Do not store in direct sunlight. APPLICATION: Preparation: AlphaGuard BIO Base Coat must be clean, dry, solid, and free of dirt, grease, oil, algae, and other debris. AlphaGuard BIO Base Coat should be top-coated within 72 hours of base coat application. Mixing: Use a heavy duty power drill with Jiffy Mixer attachment. Cordless drills are not recommended and may not properly mix the materials. Mix Part A (White Label) for 1 minute before adding Part B (White Label). After adding Part B mix the combined materials for a minimum of 2 minutes moving the mix blade from top to bottom. Make sure to mix areas around side walls and bottom of pail. Improper mixing will result in non-curing material. Never fully invert empty pails in attempt to drain material -will result in non-curing material. Do not break down kits into smaller quantities -MIX ENTIRE KIT. Repairs: If AlphaGuard BIO is being used over an existing roof system, all appropriate repairs should be made before applying the AlphaGuard BIO system. Allow suggested cure time of repairs before applying AlphaGuard BIO to the roof surface. ACCEPTABLE ROOF SURFACES/SUBSTRATES: Properly applied and cured AlphaGuard BIO Base Coat and reinforcement. Roofing & Weatherproofing Peace of Mind"' Nov. 19, 2019 Item #7 Page 156 of 250 Non-Skid Application: In areas where a slip-resistant surface is required, 20 -40 mesh silica sand can be broadcast at 10 -15 lbs/ SQ (0.5 -0.7 kg/m2) and back-rolled in an additional layer of Tremco AlphaGuard BIO Top Coat. Coverage Rate: Top Coat: 2 gals/ SQ (32 wet mils) Non-Skid Coat: 1.5 gals/ SQ (24 wet mils) Tremco Plain and Simple Warranty: 3 gals / SQ (48 wet mils) Clean Up: Before the product cures, clean surfaces and equipment with lsopropyl Alcohol. Precautions: Use Tremco AlphaGuard BIO System Coatings with adequate ventilation. Users must read container labels and Material Safety Data Sheets for health and safety precautions prior to use. Availability and Cost: Contact your local Tremco Roofing Representative for pricing and availability. For the name and number of your Representative, call the Roofing Division at 216-292-5000. Maintenance: Your local Tremco Roofing Representative can provide you with effective maintenance procedures which may vary, depending upon specific conditions. Periodic inspections, early repairs and preventative maintenance are all part of a sound roof program. Guarantee/Warranty: Tremco Inc. warrants Alpha- Guard BIO to be free of defects and to meet pub- lished physical properties when cured and tested according to ASTM and Tremco standards. Under this warranty, we will provide at no charge, Alpha- Guard BIO in standard packaging to replace any AlphaGuard BIO proven to be defective when applied according to our written instructions, and in applications recommended by us as suitable for AlphaGuard Bio. THIS IS BUYER'S SOLE AND EXCLUSIVE REMEDY. All claims concerning product defects must be made in writing within (12) months of shipment. The absence of such claims in writing during this period will constitute a waiver of all claims with respect to such producL This warranty shall be IN LIEU OF any other warranty, express or implied, including but not limited to, any implied warranty of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AlphaGuard BIO can be used in a system configuration. Talk to your local Tremco Representative about system roof warranties. Technical Services: Your local Tremco Representative, working with the Technical Service Staff, can help analyze conditions and needs to develop recommendations for special applications. The services of the Tremco Research Center, which has earned a unique reputation in weatherproofing technology, complement and extend the services of the Tremco Technical Service Staff. Physical Performance Characteristics AlphaGuard BIO Top Coat Property Test Method Typical Value Tensile Strength 1 ASTM D412 1,400 lb/in' Water Vapor Transmission' ASTM E96 0.19 perms Low Temperature Flexibility ASTM D522 Pass at -25°F (1 /2" mandrel bend) Tear Strength' ASTM D5147 309 lbf Water Absorption 1 ASTM D471 0.008 Indentation Hardness ASTM D2240 81 Shore A Dimensional Stability' ASTM D5147 <0.1% Reflectivity ASTM C1549 84% Emissivity ASTM C1371 87% SRI ASTM E1980 105 Volume Solids ASTM D 2697 100% Weight Solids ASTM D 1644 100% Volatile Organic Content ASTM D3960 < 6 g/L (A+B mix) Viscosity ASTM D 2196 2,500 -5,500 cp ' Data is for AlphaGuard BIO System Skin & Over-Coat Times Skin Time at: 77 °F/ 50% RH 2-3 hours Over-Coat Time at: 77 °F / 50% RH 7-8 hours NOTE-Both skin & overcoat times are temperature-dependent. Higher temperatures will result in reduced skin/overcoat times, lower temperaturesmay result in extended skin/overcoat times Statement of Policy and Responsibility: Tremco takes responsibility for furnishing quality materials and for providing specifications and recommendations for their proper installation. As neither Tremco itself nor its Representatives practice architecture or engineering, Tremco offers no opinion on, and expressly disclaims any responsibility for the soundness of any structure on which its products may be applied. If questions arise as to the soundness of a structure or its ability to support a planned installation properly, the Owner should obtain opinions of competent structural engineers before proceeding. Tremco accepts no liability for any structural failure or for resultant damages, and no Tremco Representative is authorized to vary this disclaimer. f'REIIICO 3735 Green Road Beachwood, OH 44122 216-292-5000 220 Wlcksteed Ave Toronto, ONT M4H 1 G7 416-421-3300 6951 Rev. 8/16 Printed in USA Nov. 19, 2019 Item #7 Page 157 of 250 INSTALLATION GUIDE . 1'REHICQ ROOFING & BUILDING MAINTENANCE Nov. 19, 2019 Item #7 Page 158 of 250 Table of Contents 4-5 GENERAL OVERVIEW II 6 STORAGE & HANDLING 111 7 WEATHER RESTRICTIONS IV 8 PERSONAL PROTECTION EQUIPMENT V 9 TOOLS & EQUIPMENT VI 10 PRODUCT LIST VII 11 PRIMER MATRIX VIII 12-13 SYSTEM QUALIFICATIONS IX 14-26 SURFACE PREPARATION X 27-29 APPLICATION & INSTALLATION XI 30 INSPECTION & REPAIRS XII 31-45 DETAILS Nov. 19, 2019 Item #7 Page 159 of 250 AlphaGuard Plus Roofing System ------AlphaGuard Top Coat AlphaGuard Reinforcement AlphaGuard Base Coat BURmastic Composite Ply BURmastic Adhesive SF ~---Approved Coverboard -----Polyisocyanurate Insulation ------Steel Deck (Pictured) or Concrete AlphaGuard Concrete Roofing System AlphaGuard Top Coat ri.-----AlphaGuard Reinforcement ,.._ _____ AlphaGuard Base Coat ~-----Concrete Deck AlphaGuard Restoration System AlphaGuard Top Coat 4 Nov. 19, 2019 Item #7 Page 160 of 250 General Overview AlphaGuard MT The AlphaGuard MT System is a liquid-applied, moisture triggered, aliphatic, polyurethane elastomeric roofing membrane that provides seamless waterproofing. The unique moisture triggered formula uses moisture from the air to begin the curing process, · but does not rely on moisture for the entire curing process. This differs from moisture cured urethanes, which needs the moisture for the entire curing process and is susceptible to carbon dioxide gassing and pin holing. This makes for a more stable, uniformed cure. This UV resistant, high solid, durable roofing system is low odor, low voe and is field-applied with one-part liquid waterproofing layers reinforced with fabric. AlphaGuard MT can be fully bonded to a variety of substrates as a maintenance and restoration system or as a new construction system. Fabric reinforcement is required to provide dimensional stability to the cured urethane waterproofing. Fabric reinforcement will prevent potential shrinkage, especially in high movement flashing areas. AlphaGuard BIO The AlphaGuard BIO System is a liquid-applied, bio-based, two-component, polyurethane roofing field and flashing elastomeric membrane that provides seamless waterproofing. The development of AlphaGuard BIO is derived from unique bio-based, polyurethane technology. The high bio-content makes for a sustainable, environmentally responsible roofing product while the polyurethane technology offers long-term waterproofing performance in the toughest conditions. AlphaGuard BIO is a low voe product with minimal to no odor, making it ideal for applications over occupied space causing little to no disruption to the building's occupants. The 100% solids, highly reflective, UV resistant product is a field applied two-component roofing system. The two-component technology has a catalyzed curing process which results in a faster dry times, a more uniform finished film, and negates the possiblity of blistering, gassing, pinholing, etc. AlphaGuard BIO can be installed to a variety of substrates as a maintenance and restoration system, as a liquid flashing membrane, or as a new construction system. Fabric reinforcement is required to provide dimensional stability to the cured urethane waterproofing. 5 Nov. 19, 2019 Item #7 Page 161 of 250 Storage & Handling All AlphaGuard components will be delivered to the site in original sealed containers. Store AlphaGuard components in cool, dry spaces outside of direct sunlight in accordance with local regulations. Store away from heat, open fire, or any ignition sources. In addition, store away from strong acids or bases. Rolls must be stored vertically to prevent contact with water and other contaminants. Optimum storage temperature is between 60°F and 90°F. Shelf life drops at temperatures above this range. In addition, resins risk self-polymerization when exposed to temperatures above 140°F. Do not smoke around Geogard Primer and keep product away from open flame, fire, or any ignition source. Geogard Primer, in particular, is flammable and harmful if inhaled, swallowed or absorbed through the skin. This can cause skin, eye, and respiratory irritation. 6 Nov. 19, 2019 Item #7 Page 162 of 250 Weather Restrictions AlphaGuard System installations cannot proceed when there is a threat of precipitation or condensation on the substrate exists. Applying AlphaGuard during or just before a precipitation event can cause the surface to become pitted or distorted. Application of AlphaGuard MT System is permitted when the ambient temperature is between 50°F (10°C) and 110°F (43°C) and the substrate temperature is a minimum of 5°F above the dew point. It is required that overnight temperatures be above 40°F (4.4°C). Application of AlphaGuard BIO System is permitted when the ambient temperature is between 45°F (7°C) and 110°F (43°C) and the substrate temperature is a minimum of 5°F above the dew point. It is required that overnight temperatures be above 40°F (4.4°C). 7 Nov. 19, 2019 Item #7 Page 163 of 250 Personal Protection Equipment Refer to the MSDS for each product for specific PPE information. Provide the following to installers: Safety Shoes & Overalls, suitable Hand, Eye, and Ear Protection, and hard hats & appropriate fall protection. Comply with requirements of OSHA, NIOSH or governing local authority regarding barricades, retaining ropes, and other safety elements (active / passive). Use AlphaGuard with adequate ventilation or respiratory protection as needed to keep exposure below TLV values within applications lacking sufficient natural air movements. Protect HVAC air intake ducts from infiltration into the building interior. Pre-existing eyes, skin, and respiratory issues may be aggravated by exposure, and may cause skin and respiratory sensitization. Geogard Primer is flammable and harmful if inhaled, swallowed or absorbed through the skin. This can cause skin, eye, and respiratory irritation. Do not smoke around Geogard Primer and keep product away from open flame, fire, or any ignition source. 8 Nov. 19, 2019 Item #7 Page 164 of 250 Tools & Equipment • • • • • • • Blower, Broom, or Vacuum Chalk Line Disposable Rubber Gloves Extension Cords Garbage Bags Generator Hand Grinder • Hand Sander • Masking Tape • Pail Heat Bands • Paint Brushes -4" • Paint Roller Cages -4" & 9" • Paint Roller Covers -4" & 9" -3/8-1 /2" nap • Paint Roller Extension Handles • Paint Trays • Power washer (3,000 psi max) • Rags • Scarifier (concrete substrates) • Scissors and/or Razor Knives • Screwdrivers • Shot Blaster (concrete substrates) • • • • • • • Sockets / Wrenches Squeegees -Flat Blade & ¼" Notched Tap Set Tape measure Tarps and/or Sheeting Wet Mil Gauge Water Source 9 Nov. 19, 2019 Item #7 Page 165 of 250 Fluid-Applied Membrane AlphaGuard MT Base Coat AlphaGuard MT Top Coat Product List AlphaGuard BIO Base Coat Kits (Part A & B) AlphaGuard BIO Top Coat Kits (Part A & B) Reinforcing Materials AlphaGuard Glass Mat Permafab (Polyester Reinforcement) Primers AlphaGuard C-Prime AlphaGuard M-Prime AlphaGuard WB Primer Geogard Primer Tremco Primer/Splice Wash Tremco Primer/Splice Wash L V Mastics Solargard Seam Sealer Base Sheets BURmastic Composite Ply BURmastic Composite Ply HT BURmastic Composite Ply Premium BURmastic Supreme Composite Ply Base Sheet Adhesive BURmastic Adhesive SF Insulation Adhesive Tremco Low Rise Foam Adhesive 10 Nov. 19, 2019 Item #7 Page 166 of 250 ROOFING & BUILDING MAINTENANCE AlphaGuard Primer Matrix --- Substrates Wood Metal Concrete Brick Stone Bituminous Surfaces MB Cap Sheets EPDM PVC/TPA TPO Hypalon Plastic/PVC Pipes Urethane Coated Surfaces *when using AlphaGuard WB Primer, a test patch must be utilized to ensure proper adhesion to the substrate. Chart 1 11 Nov. 19, 2019 Item #7 Page 167 of 250 System Qualifications Existing Warranties Notify warrantor of extent of work. Do not proceed with work that will diminish Owner's protection under existing warranties unless directed by Owner. Examination Examine existing roofing substrates, with Installer present, for compliance with requirements and for other conditions affecting application and performance of roof coatings. • For the record, prepare written report, endorsed by Installer, listing conditions detrimental to performance. • Verify compatibility with and suitability of substrates. • Verify that substrates are visibly dry and free of moisture. Conduct an IR scan on applicable roof assemblies to identify moisture within the existing roof system. • Verify that roofing membrane surfaces have adequately aged to enable proper bond with base coat. • Verify that roofing membrane is free of blisters, splits, open laps, indications of shrinkage, and puncture damage or other indications of impending roof system failure. • Application of fluid-applied membrane indicates acceptance of surfaces and conditions. Preparation Protect existing roofing system that is indicated not to receive fluid-applied roofing, and adjacent portions of building and building equipment. • Comply with warranty requirements of existing roof membrane manufacturer. • Limit traffic and material storage to areas of existing roofing membrane that have been protected. • Maintain temporary protection and leave in place until replacement roofing has been completed. Shut down air intake equipment in the vicinity of the Work in coordination with the Owner. Cover air intake louvers before proceeding with coating work that could affect indoor air quality or activate smoke detectors in the duct work. • Verify that rooftop utilities and service piping affected by the Work have been shut off before commencing Work. Maintain roof drains in functioning condition to ensure roof drainage at end of each workday. Prevent debris from entering or blocking roof drains and conductors. Use roof-drain plugs specifically designed for this purpose. Remove roof-drain plugs at end of each workday, when no work is taking place, or when rain is forecast. • Do not permit water to enter into or under existing membrane roofing system components that are to remain. 12 Nov. 19, 2019 Item #7 Page 168 of 250 System Qua I ifications Roof Coating Preparation Membrane Surface Preparation: • Remove aggregate ballast or pavers from roofing membrane. • Remove blisters, ridges, buckles and other substrate irregularities from existing roofing membrane that would inhibit application of uniform, waterproof coating. • Repair membrane at locations where irregularities have been removed. • Broom clean existing substrate. • Clean substrate of contaminants such as dirt, debris, oil, and grease that can affect adhesion of fluid-applied membrane by power washing at minimum 2,000 psi. Remove existing coatings if any. Allow to dry thoroughly. • Verify that existing substrate is dry before proceeding with application of fluid-applied roofing. Spot check substrates with an electrical capacitance moisture-detection meter. Roof Coating Preparation Roof Patching: Notify Owner each day of extent of roof tear-off proposed and obtain authorization to proceed. • Build-up isolated low spots on existing roofing membrane with fluid-applied manufacturer's recommended products to alleviate ponding. • Limited Roof Tear-Off: Where indicated, remove existing roofing membrane and other membrane roofing system components down to the deck. Fill in the tear-off areas to match existing membrane roofing system construction. • During removal operations, have sufficient and suitable materials on-site to facilitate rapid installation of temporary protection in the event of unexpected rain. Existing Flashings Remove or repair existing base flashings around parapets, curbs, walls, and penetrations. • Clean substrates of contaminants such as asphalt, sheet materials, dirt, and debris. • Do not damage metal counterflashings that are to remain. Replace damaged counterflashings with counterflashings of like metal, weight/ thickness and finish. • Repair flashings with like materials. • Repair gravel stops, copings and other roof related sheet metal and trip elements Reseal joints, replace loose or missing fasteners, and replace components where required to create a watertight condition. 13 Nov. 19, 2019 Item #7 Page 169 of 250 Surface Preparation Before beginning the project, consider the substrates that are present on your project and refer to the primer matrix (see Chart 1) to select the proper primer. The substrate in which you will be roofing must be clean and dry. All surfaces should be cleaned with a power washer (min. 2,000 psi) and a cleaning solution that is appropriate for the substrate. Any existing roof system should have a thermal IR scan performed. This will ensure that all areas of concern will be addressed and wet insulation will be removed. ASPHALT BUR/MB SYSTEMS When restoring asphalt based roof systems, make all necessary repairs using Solargard Seam Sealer and Permafab. Once all repairs have been made, allow to cure for a minimum of 24 hours before applying the AlphaGuard System. All surfaces to have AlphaGuard applied, should be power washed (min. 2,000 psi) and all debris removed from roof. Once roof is clean and dry, prime all surfaces that are to be treated. Refer to the primer matrix (see chart 1) for the appropriate primer for this substrate. For modified bitumen and cap sheet roofs, end laps and side laps must be treated with AlphaGuard base coat or Solargard Seam Sealer at a rate of 50 linear feet/gallon. CONCRETE DECKS When applying AlphaGuard to a concrete substrate, always refer to the International Concrete Repair Institute (/CR/) manual for Selecting and Specifying Concrete Surface Preparation for Sealers, Coating, and Polymer Overlays no. 03732-1. In order to use AlphaGuard over a concrete substrate, the surface must be prepared to accept the roofing system. All grease, oils, asphalt remnants, buildup and debris must be removed. The surface must be repaired prior to applying AlphaGuard. All cracks larger than ¼" must be repaired using a rapid set, self-leveling concrete repair mixture. Allow to properly set and dry before proceeding. Areas that are raised more than ¼", must be leveled or ground down. This will allow for a level and sound substrate for AlphaGuard. The surface must be shot blasted or scarified to achieve a CSP 3-6 profile (ICRI 03732-1 ). This will allow the AlphaGuard system to properly adhere to the substrate. For new concrete substrates, allow a minimum of 28 days, and always test the moisture in the concrete before proceeding with installation of AlphaGuard. EXISTING URETHANE COATINGS Existing urethane coatings should power washed (min. 2,000 psi) and allowed to dry before any AlphaGuard is applied. Refer to the primer matrix (see chart 1) for the appropriate primer for this substrate. Allow primer to fully dry before applying AlphaGuard to the substrate. 14 Nov. 19, 2019 Item #7 Page 170 of 250 SINGLE PLY SYSTEMS The substrate must be inspected for loose flashings, popped fasteners and tearing of the membrane. All single ply substrates must be clean and dry before any AlphaGuard is applied. The surface must be power washed (min. 2,000 psi) and cleaned with a mild detergent (wax free). Remove any walkway pads and make all necessary repairs before priming the surface. Refer to the primer matrix (see chart 1) for the appropriate primer for this substrate. (Fig. 1) (Fig. 2) Wrinkles in EPDM will telegraph through the AlphaGuard system. It is necessary to make these repairs before applying AlphaGuard. Holes and tears in membranes must be repaired before AlphaGuard is applied. \ White single ply roof, cleaned and ready to be coated with AlphaGuard. 15 Nov. 19, 2019 Item #7 Page 171 of 250 METAL SURFACES When coating a metal surface, all rusted or oxidized areas must be ground to a bright metal surface. Any painted surfaces should be tested to verify adhesion, either by a small test area or sending a small sample into our lab. Refer to the primer matrix (see chart 1) for the appropriate primer for this substrate. WOOD SURFACES AlphaGuard can be applied directly to small wooden details and walls of wood construction. If a wood deck is being utilized, insulation and /or a base sheet must be used. Consult Tremco Technical Service for the recommendations on your project. BRICK OR STONE SURFACES When coating or flashing brick or stone, power wash the surfaces and remove any loose mortar or protruding surfaces. Refer to the primer matrix (see chart 1) for the appropriate primer for this substrate. Metal substrates must be clean and primed with M-Prime. 16 Nov. 19, 2019 Item #7 Page 172 of 250 AlphaGuard Application On Concrete Decks Minimum deck thickness for structural concrete is4". Only poured-in-place concrete that provides bottom side drying is acceptable. Structural Concrete Deck must be structurally sound, dry, and free of grease, oils, coatings, dust, curing compounds and other contaminants. Surface laitance must be removed. The surface must be scarified, shot blasted or pressure washed with high/ultra high pressure. Remove oil, grease smear and asphalt residue with trisodium phosphate or a strong detergent. For oil contaminated surfaces, use steam cleaning in conjunction with a strong emulsifying detergent. Rinse thoroughly with potable water. Properly prepared concrete substrate Remove defective concrete, honeycombs, cavities, joint cracks, voids and other defects by routing to sound material. Smooth precast and formed concrete surfaces must be cleaned , roughened and made absorptive by mechanical abrasion. Surface profile should be equal to CSP 3-6 in accordance with ICRI Guideline 310.2. If it is not possible to mechanically abrade, acid etch with a 15% Hydrochloric acid solution. After etching, pressure wash or flush the surface with copious amounts of water to neutralize the surface. Care must be taken to ensure that all salts and residue from the reaction have been removed. The pH of the surface should be checked, as per ASTM D 4262, following acid etching. Following surface preparation, apply AlphaGuard MT to the cleaned surface in a small area. An Elcometer Pull Off Adhesion tester or similar (ASTM D 4541 ) must be used to test the trial area for proper adhesion. Before application of the coating, use the "Visqueen test" (ASTM D 4263) to evaluate moisture level in concrete. Allow new structural concrete to cure for a minimum of 28 days. Remove any surface hardener or curing compounds by using the recommended mechanical methods for surface preparation. Patch all unsound or defective concrete with repair mortar acceptable to material manufacturer. Prevent dust, vapors, gases, and odors from entering into the building during roof installation. When shutting down or blocking air intakes, provide makeup air or additional intake air from sources away from the work area. Coordinate these procedures with owner's Representative. Maintain roof drains in functioning condition to ensure roof drainage at end of each workday. Prevent debris from entering or blocking roof drains and conductors. Use roof-drain plugs specifically designed for this purpose. Remove roof-drain plugs at the end of each workday, when no work is taking place, or when rain is forecast. Do not permit water to enter into or under existing membrane roofing system components that are to remain. 17 Nov. 19, 2019 Item #7 Page 173 of 250 CSP 1 (Acid Etched) CSP4 (Light Scarification) CSP7 (Heavy Abrasive Blast) ICRI Surface Profiles CSP2 (Grinding) 1CSP 5 (Medium Shot blasting) CSP8 (Scabbled) CSP3 (Light Shot blasting) CSP6 (Medium Scarification) ..;~• .. -.. ,·,• ... t:. .~,.. ~"'' '. . "\";.~ . .,_; ·: ,•::,{:~-.... '",,., ·. J .., ___ -·,,,.,, ~----··•--~· . . ; _...,,. \. ~. , _., CSP9 (Heavy Scarification) Surface profiles are provided by the International Concrete Repair Institute {ICRI). Molded replicas of these profiles can be purchased from ICRI at www.lCRl.org. 18 Nov. 19, 2019 Item #7 Page 174 of 250 GENERAL INSTALLATION REQUIREMENTS Use products with personal protection equipment. User must read container label and material safety data sheets prior to use. Store all materials prior to application at temperatures between 60°F and 90°F Use with adequate ventilation. Protect HVAC air intake ducts from infiltration into the building's interior. Application T em peratu res: AlphaGuard BIO: 45°F -110°F AlphaGuard MT: 50°F -110°F * Cure times are extended below 50°F Prevent materials from penetrating substrate joints, entering building, or damaging roofing system components or adjacent building construction. Painters tape shall be used to mask detail areas and metal flashings. Remove tape while AlphaGuard remains wet. All flashings shall be installed first, before the field of the roof is covered. After base coat and fiberglass reinforcement have been installed, and before the top coat is installed, a thorough inspection of the surface must be conducted by the manufacturer's technical representative. The fiberglass reinforcement must be completely encapsulated by the base coat, with no pinholes or voids, at the end of each work day. Coverage rates of base coat and top coat must be continuously verified for proper wet film thickness with a wet mil gauge. Coverage rate of base coat may vary depending on surface conditions. Raised or exposed fiberglass reinforcement shall be sanded smooth prior to application of top coat. ALPHAGUARD C-PRIME INSTALLATION Mixing: Use clean containers and mixing equipment. Using a low speed "Jiffy" type mixer, mix the A & B components separately for approximately one minute. Combine one part by volume Part A with one part by volume "B". Mix the components thoroughly for three to five minutes. Scrape the bottom and sides of the m1xmg container at least once. Do not mix air into the blend. Mix only enough material that can be used within the working life. Application: The ambient and surface temperature must be between 50°F to 90°F (10°C to 32.2°C). Apply to concrete using a short nap roller, squeegee, or brush. Coverage rates may vary depending on concrete surface conditions. Surface temperature, porosity and texture will determine actual material quantities. Ensure primer does not puddle and substrate has complete coverage. AlphaGuard base coat can be applied as soon as the primer has become tack free. ALPHAGUARD BIO MIXING INSTRUCTIONS Using a low speed "Jiffy" type mixer, mix AlphaGuard BIO Part A for one minute. Combine Part B with Part A in its entirety. Do not breakdown kits into smaller quantities. Mix the components thoroughly until completely blended (typically 2 minutes). Mix only enough material that can be used within the pot life (20-25 minutes). 19 Nov. 19, 2019 Item #7 Page 175 of 250 FLASHING AND STRIPPING INSTALLATION Base coat and fiberglass reinforcement must be installed on all curbs, penetrations, and drains before moving to installation in the field. Install masking tape or similar along the top edge of flashings where base coat will terminate. Prime all metal surfaces with AlphaGuard M- Prime prior to installing flashings. Install base coat to flashing surfaces according to manufacturer's written instructions. Extend coating up vertical surfaces a minimum of 8" and out onto horizontal surfaces 4". Back roll to achieve a minimum wet mil coating thickness as required by the manufacturer. Install fiberglass reinforcement immediately into wet base coat. Extend reinforcement up vertical surfaces a minimum of 8" and out onto horizontal surfaces 4". Install according to manufacturers written instructions. Lap adjacent flashing pieces of fiberglass no less than 3". Roll the surface of the fiberglass to completely embed it into the wet base coat. Tape all edges to provide a straight line for all flashing details. Prime all metal surfaces with M-Prime. The fiberglass reinforcement must be backrolled to ensure material saturates through the reinforcement. Fiberglass must be fully encapsulated in base coat without pin holes, voids, or openings. 20 Nov. 19, 2019 Item #7 Page 176 of 250 ROOF DRAINS Remove drain strainer and clamping ring. Remove all rust and debris from the surface of drain bowl. If necessary use a grinder to sand metal surfaces down to clean, bare, metal. I ALPHAGUARD I ,.... DRAIN DETAIL -CONCRETE ALPHAGUARD Prime metal surfaces with AlphaGuard M-Prime. Install base coat onto surrounding concrete deck and metal drain bowl flange. Install a target piece of reinforcement immediately into the wet base coat and roll to fully embed/saturate the material. After top coat has been installed re-install drain clamping ring and strainer. Replace broken drain ring clamping bolts if necessary. ALPHAGUARD MEMBRANE APPLICATION Base Coat Application: Install base coat directly onto primed concrete surface and spread coating evenly according to manufacturer's written instructions. Back roll to achieve the desired minimum wet mil thickness. Install reinforcement immediately into wet base coat. Using a wet roller, fully embed the reinforcement into the wet base coat. Roll until fully saturated. Reinforcement must be fully encapsulated in base coat and not contain pin holes, voids, or openings. Lap adjacent rolls no less than 3". End laps shall be no less than 6". Lap onto flashing no less than 3". Allow base coat to cure a before installing top coat. Top Coat Application: Apply top coat over cured base coat beginning with flashings then install top coat directly over field base coat and spread coating evenly according to manufacturer's written instructions. Back roll to achieve a minimum thickness of 32 wet mils on both flashings and field. Priming of the base coat with Geogard Primer may be required if top coat is not applied within 72 hours of the base coat application. Avoid foot traffic on new fluid-applied membrane for a minimum of 24 hours. WALKWAY INSTALLATION Non-Skid Walkway Application: 1. Identify walkway areas as indicated, or as directed by Owner. 2. Apply additional application of top coat to taped walkway area at 1 ¼ gals / SQ (20 wet mils). 3. Broadcast approximately 20-30 lbs. per 100 sq.ft. of 20-40 mesh silica sand or quartz in the wet top coat material. 4. Immediately back roll sand and top coat, creating an even dispersal of sand. 5. Remove tape outlining walkway immediately. * If walkway application is not applied within 72 hours of the top coat application the top coat shall be primed with Geogard Primer. 21 Nov. 19, 2019 Item #7 Page 177 of 250 FLASHING DETAILS All details are to be completed before the field of the roof. Apply the basecoat to the walls, penetrations and curbs before the field of the roof. After the field of the roof has been completed with basecoat, apply the topcoat to the walls, penetrations and curbs, followed by the field of the roof. Parapet Walls & Coping Walls: Before flashing a wall, be sure that the wall is properly cleaned and primed as appropriate. Ensure that the wall is of sound construction before flashing. Once substrates are appropriately cleaned and prepared, apply base coat to the substrate, at the required mil thickness. The base coat should only be applied to the area that you intend to embed the reinforcement into at any given time. Using a roller or brush, fully saturate the reinforcement, working from the center outwards. The AlphaGuard material should extend 8" above the roof substrate, per NRCA recommendations. The toe of the flashing should extend 4" onto the roof substrate, allowing for an adequate surface to lap the AlphaGuard field base coat onto the roof substrate, per NRCA recommendations. The toe of the flashing must extend a minimum 4" onto the roof substrate, allowing for adequate surface for the AlphaGuard field base coat to lap. When encountering a corner, the reinforcement should wrap by 3-4" and be fully embedded into the AlphaGuard base coat. Using a brush, work the reinforcement into the corner. It may be necessary to make relief cuts to form tightly. Inspect the wall and corners for any pinholes or unsaturated areas. If any areas exist, reapply a small amount of AlphaGuard base coat until areas are fully saturated. 1W. fJILI m. ALPHAGUARD PLUS PARAPET WALL DETAIL ALPHAGUARD PARAPET WALL DETAIL 22 Nov. 19, 2019 Item #7 Page 178 of 250 """9&TUNER INSTALLED DRY O'D ...... ATTM>i NM.ER TO WAU.11£FE110 FACl'OltY MUTUAL '-,~;~~~,~============DATA SHEET 1-48 Ill: l\l[CIWM[GASK£1ED FASltMJt 24• O.C. CON11NUOUS a.EAT fASlDIO) , •• o.c. fAidl!11J. .....,l!ON CONCRE:TE ROOF' O[a( ~----NAUR""""' ....... ALPHAGUARO PLUS COPING CAP TO D[O( •/ .........,.,. fASlENERS, 2 ROWS s:fMlOERED"'°' ROW 24" O.C. ..... ""' Wood or Solid Curbs: Once substrates are appropriately cleaned and prepared, apply AlphaGuard base coat to the substrate, at the required mil thickness. The base coat should only be applied to the area that you intend to embed the reinforcement into at any given time. Using a roller or brush, fully saturate the reinforcement, working from the center outwards. The AlphaGuard material should extend 8" above the roof substrate, per NRCA recommendations. Tl;le toe of the flashing should extend 4" onto the roof substrate, allowing for an adequate surface to lap the AlphaGuard field base coat to lap. When encountering a corner, the reinforcement should wrap by 3-4" and be fully embedded into the AlphaGuard base coat. Using a brush, work the reinforcement into the corner. It may be necessary to make relief cuts to form tightly. Inspect the curb and corners for any pinholes or unsaturated areas. If any areas exist, reapply a small amount of AlphaGuard base coat until areas are fully saturated. Insulated Curbs: Before flashing an insulated curb with AlphaGuard, one ply of BURmastic Composite ply must be set in BURmastic SF over the curb wall and onto the field of the roof. Remove excess BURmastic SF at laps and allow to cure overnight. Once the BURmastic SF has cured, AlphaGuard can be applied directly to the BURmastic Composite ply. The AlphaGuard material should extend above the BURmastic Composite ply by at least 1 ". The toe of the flashing should extend 4" onto the roof substrate, allowing for an adequate surface to lap the AlphaGuard field base coat. When encountering a corner, the reinforcement should wrap by 3-4" and be fully embedded into the AlphaGuard base coat. Using a brush, work the reinforcement into the corner. It may be necessary to make relief cuts to form tightly. Inspect the curb and corners for any pinholes or unsaturated areas. If any areas exist, reapply a small amount of AlphaGuard basecoat until areas are fully saturated. APPROVED BASE PLY ROOF DECK fH au. ....... ALPHAGUARO PLUS WOOD CURB 23 Nov. 19, 2019 Item #7 Page 179 of 250 Soil Stacks, Pipe Penetrations and Pitch Pockets: All penetrations should be properly prepared by grinding metal surfaces to a bright metal, removing asphalt residue and priming with the appropriate primers (see chart 1 ). Once a penetration has been properly prepared, mark them at least 8" above the roof deck. Tape along these marks to ensure you have a clean, straight line. On round penetrations, cut pieces to sizes that are manageable and tear the bottom edge, 2-3" from the edge. This will allow the reinforcement to conform to the pipe. Apply the AlphaGuard base coat and fully embed the reinforcement. The field base coat should extend over the toe of the flashing, to the base of the pipe. Once cured, the AlphaGuard top coat can be applied , followed by the field top coat. On square penetrations, cut pieces that are manageable. Cut the pieces to go 8" above the field of the roof and 4" onto the field of the roof. Apply the AlphaGuard base coat and fully embed the reinforcement. The field base coat should extend over the toe of the flashing, to the base of the pipe. Once cured, the AlphaGuard top coat can be applied, followed by the field top coat. AlphaGuard as a flashing solution, is compatible with a variety of roofing systems. Flashing pipes and stands are easy and seamless. Penetrations on MB roof systems can be flashed with AlphaGuard as well. 24 Nov. 19, 2019 Item #7 Page 180 of 250 Internal Roof Drains: Prior to applying AlphaGuard to a roof drain detail, inspect the drain bowl for cracks and holes. Grind the bowl to remove any residual roofing products or asphalt residue. The drain should have a clean, rust free surface. For insulated roof systems, a base sheet of· BURmastic Composite ply adhered in BURmastic SF should extend onto the drain bowl to the inside edge of the bowl. The transition from the insulation board to the drain bowl should be within 1 /8" vertically and 1 /8" horizontally. A tight fit is necessary at the areas. For concrete decks, make sure that the gap between the deck and the drain bowl is 1/8" or less. For gaps greater than 1/8", a urethane sealant should be used to fill the void. Once the drain is prepared properly, the field base coat and reinforcement should be extended into the drain past where the ring meets the bowl and down into the bowl, followed by the top coat. Reinstall the drain bowl and basket once the material is completely cured. When flashing a drain, AlphaGuard will conform to the drain bowl, eliminating areas where water can penetrate. For restoration projects, make all necessary repairs to the existing drain detail. Ensure that the existing roofing material is adhered tightly to the drain bowl and abutting insulation. Once the drain is prepared properly, the field base coat and reinforcement should be extended into the drain past where the ring meets the bowl, followed by the top coat. Reinstall the drain b_owl and basket once the material is completely cured. r. For concrete and insulated systems, extend AlphaGuard into the drain bowl. Ensure that the drain bowl is prepared per requirements. Completed drain detail. 25 Nov. 19, 2019 Item #7 Page 181 of 250 Gutters & Metal Edge Details: For pre-manufactured metal edge systems, such as Tremlock EES, Tremlock Fascia and Tremlock Coping, follow the requirements of the detail drawings below. For shop fabricated details, the metal edge or gutter should be installed after the base layer of AlphaGuard is applied. The metal edge should then be flashed in with a base coat of AlphaGuard with reinforcement embedded followed by a top coat of AlphaGuard. The AlphaGuard should extend the full length of the flange along with the reinforcement. ,..,,_ /2-=::/,:~· ~D BASE COAT W/ ~FORCEMENT "'5E SHtIT GRAVELSTOP EDGE Al ---ALl"HAGUARD WI REINFORCEMENT TREMLOCK EES FASCIA W/ ALPHAGUARD PLUS Expansion Joints: Expansion joints would be flashed in the same manner as a wood curb. Once substrates are appropriately cleaned and prepared, apply AlphaGuard base coat to the substrate, at the required mil thickness. The base coat should only be applied to the area that you intend to embed the reinforcement into at any given time. Using a roller or brush, fully saturate the reinforcement, working from the center outwards. The AlphaGuard material should extend 8" above the roof substrate, per NRCA recommendations. The toe of the flashing should extend 4" onto the roof substrate, allowing for an adequate surface to lap the AlphaGuard field base coat to lap. When encountering a corner, the reinforcement should wrap by 3-4" and be fully embedded into the AlphaGuard base coat. Using a brush, work the reinforcement into the corner. It may be necessary to make relief cuts to form tightly. Inspect the expansion joint and corners for any pinholes or unsaturated areas. If any areas exist, reapply a small amount of AlphaGuard base coat until areas are fully saturated. Once the AlphaGuard flashings are installed, a stainless steel or copper cap would be installed per Tremco specifications. men,. Al.PHAGUARO PLUS STAHl)Hr,jG SEAM EXPANSION JOINT 26 Nov. 19, 2019 Item #7 Page 182 of 250 ALPHAGUARD APPLICATION DIRECT TO CONCRETE Base coat and fiberglass reinforcement installation: • • • • • • • • Install base coat directly onto primed concrete surface and spread coating evenly according to Tremco's written instructions. Back roll to achieve a minimum wet mil thickness according to Tremco's written instructions. Install fiberglass reinforcement immediately into wet base coat. Roll surface of fiberglass to fully embed into wet base coat. Roll until fully saturated. Lap adjacent rolls of glass mat no less than 3". End laps shall be no less than 6". Lap onto flashing no less than 3". Roll the surface of the fiberglass to completely embed into the wet base coat. Allow base coat to cure a before installing top coat. Fiberglass reinforcement must be fully encapsulated in base coat and not contain pin holes, voids, or openings. Top coat installation for field of roof and flashings: • Priming of the base coat may be required if top coat is not applied within 72 hours of the base coat application. The base coat shall be lightly primed with manufacturer's recommended primer. • Install top coat on flashings first. Extend coating up vertical surfaces a minimum of 8 " and out onto horizontal surfaces. • Install top coat directly over field base coat and spread coating evenly according to manufacturer's written instructions. • Back roll to achieve a minimum wet mil thickness according to manufacturer's written instructions. • Avoid foot traffic on new fluid-applied membrane for a minimum of 24 hours. WALKWAY INSTALLATION Install walkways following application of top coat. Locate as indicated, or as directed by Owner. • If walkway application is not applied within 72 hours of the top coat application the top coat shall be primed with manufacturer's recommended primer. • Apply additional application of top coat to taped walkway area according to manufacturer's written instructions. • Broadcast approximately 20-30 lbs. per 100 sq. ft. of 20-40 mesh silica sand or quartz in the wet top coat material. • Immediately back roll sand and top coat, creating an even dispersal of sand. Remove tape outlining walkway immediately . 27 Nov. 19, 2019 Item #7 Page 183 of 250 ALPHAGUARD PLUS APPLICATION INSULATED SYSTEMS BURmastic Roof System Installation: • Install roof insulation. • Plan placement of SF BURmastic Roofing System to ensure that water flows over or along, but not against exposed edges. • Starting at the low point of the roof, embed approved ply sheets in a uniform, continuous application of BURmastic Adhesive SF. • Ply shall never touch ply. • Apply BURmastic Adhesive SF at a rate of 2 Gal/100 sf. Base coat and fiberglass reinforcement installation: • • • • • • • • Install base coat directly onto approved ply sheet and spread coating evenlyaccording to Tremco's written instructions. Back roll to achieve a minimum wet mil thickness according to Tremco's written instructions. Install fiberglass reinforcement immediately into wet base coat. Roll surface of fiberglass to fully embed into wet base coat. Roll until fully saturated. Lap adjacent rolls of glass mat no less than 3". End laps shall be no less than 6". Lap onto flashing no less than 3". Roll the surface of the fiberglass to completely embed into the wet base coat. Allow base coat to cure before installing top coat. Fiberglass reinforcement must be fully encapsulated in base coat and not contain pin holes, voids, or openings. Top coat installation for field of roof and flashings: • • • • • Priming of the base coat is required if top coat is not applied within 72 hours of the base coat application. The base coat shall be lightly primed with manufacturer's recommended primer. Install top coat on flashings first. Extend coating up vertical surfaces a minimum of 8 " and out onto horizontal surfaces. Install top coat directly over field base coat and spread coating evenly according to manufacturer's written instructions. Back roll to achieve a minimum wet mil thickness according to manufacturer's written instructions. Avoid foot traffic on new fluid-applied membrane for a minimum of 24 hours. WALKWAY INSTALLATION Install walkways following application of top coat. Locate as indicated, or as directed by Owner. • If walkway application is not applied within 72 hours of the top coat application the top coat shall be primed with manufacturer's recommended primer. • Apply additional application of top coat to taped walkway area according to manufacturer's written instructions. • Broadcast approximately 20-30 lbs. per 100 sq. ft. of 20-40 mesh silica sand or quartz in the wet top coat material. • Immediately back roll sand and top coat, creating an even dispersal of sand. Remove tape outlining walkway immediately. 28 Nov. 19, 2019 Item #7 Page 184 of 250 ALPHAGUARD APPLICATION RESTORATION Base coat and fiberglass reinforcement installation: • • • • • • • • Prime with required primer (see chart 1) and install base coat onto approved substrate, spread coating evenlyaccording to Tremco's written instructions. Back roll to achieve a minimum wet mil thickness according to Tremco's written instructions. Install fiberglass reinforcement immediately into wet base coat. Roll surface of fiberglass to fully embed into wet base coat. Roll until fully saturated. Lap adjacent rolls of glass mat no less than 3". End laps shall be no less than 6". Lap onto flashing no less than 3" . Roll the surface of the fiberglass to completely embed into the wet base coat. Allow base coat to cure a before installing top coat. Fiberglass reinforcement must be fully encapsulated in base coat and not contain pin holes, voids, or openings. Top coat installation for field of roof and flashings: • Priming of the base coat is required if top coat is not applied within 72 hours of the base coat application. The base coat shall be lightly primed with manufacturer's recommended primer. • Install top coat on flashings first. Extend coating up vertical surfaces a minimum of 8 " and out onto horizontal surfaces. • Install top coat directly over field base coat and spread coating evenly according to manufacturer's written instructions. • Back roll to achieve a minimum wet mil thickness according to manufacturer's written instructions. • Avoid foot traffic on new fluid-applied membrane for a minimum of 24 hours. WALKWAY INSTALLATION Install walkways following application of top coat. Locate as indicated, or as directed by Owner. • If walkway application is not applied within 72 hours of the top coat application the top coat shall be primed with manufacturer's recommended primer. • Apply additional application of top coat to taped walkway area according to manufacturer's written instructions. • Broadcast approximately 20-30 lbs. per 100 sq. ft. of 20-40 mesh silica sand or quartz in the wet top coat material. • Immediately back roll sand and top coat, creating an even dispersal of sand. Remove tape outlining walkway immediately. 29 Nov. 19, 2019 Item #7 Page 185 of 250 INSPECTION & REPAIR Final Inspection Arrange for roofing system manufacturer's technical personnel to inspect the fluid-applied membrane on completion. Prior to manufacturer's final inspection the contractor shall examine the completed work for the following deficiencies: Inspect completed Top Coat installation for pin holes, voids, exposed base coat, exposed reinforcement, rough fiberglass, blisters, un- adhered material or any other deficiencies that could compromise waterproofing integrity and long term performance. Correct deficiencies as follows: Pin holes/voids/exposed base coat or reinforcement: 1. Install Geogard Primer over Top Coat at a coverage rate of 1 gal/500 sf. Allow to dry. 2. Install new Top Coat at a coverage rate of 2 gal/100 sf. Rough fiberglass reinforcement: 1. Sand or grind fiberglass reinforcement down flush to surrounding Base Coat surface. 2. Install Geogard Primer over area at a coverage rate of 1 gal/600 sf. Allow to dry. 3. Install new Top Coat at a coverage rate of 2 gal/100 sf. Blisters/un-adhered Top Coat: 1. Cut out and remove loose coating. 2. Remove moisture if present. 3. Install Geogard Primer over area at a coverage rate of 1 gal/500 sf. Allow to dry. 4. Install new Top Coat at a coverage rate of 2 gal/100 sf. Repair & Maintenance The fluid-applied membrane does not require additional surfacing or coatings for the duration of the warranty service life. However, the following preventive maintenance and general rooftop housekeeping procedures should be performed on a regular basis: Inspect the fluid-applied membrane for physical damage such as punctures, splits, or tears. Inspect flashing components and details for openings that could allow moisture entry. Inspect rooftop for debris on the membrane and around drains. Remove debris and ensure all drain strainers are clear. Dirt and debris that has accumulated on the roof surface can be removed to preserve the surfaces solar reflectivity. Remove dirt and debris with a solution of soap and water. Dispose of rinse water according to local environmental regulations. Repair & Maintenance If inspection reveals that repairs are needed in the membrane or flashings follow these general guidelines: Punctures/splits/tears: 1. Clean surface of membrane with soap and water. Let dry. 2. Install Geogard Primer over defective area at a coverage rate of 1 gal/500 sf. 3. Install Base Coat over defect at a coverage rate of 3 gal/100 sf and install reinforcement into wet material. 4. Ensure that reinforcement is completely saturated and does not contain pin holes or voids. 5. Once Base Coat is dry install Top Coat at a coverage rate of 2 gal/100 sf. 30 Nov. 19, 2019 Item #7 Page 186 of 250 Detail Drawings 31 Nov. 19, 2019 Item #7 Page 187 of 250 CONCRETE DECK MAKE SURE ALL GAPS ARE FILLED WHERE THE DRAIN MEETS THE DECK ALPHAGUARD MT DRAIN DETAIL -CONCRETE I . 1. I .. ' ~-·· .. ~-.. ~--· .. ··~ ALPHAGUARD Nov. 19, 2019 Item #7 Page 188 of 250 _---BASE SHEET LINER INSTALLED DRY OVER NAILER -----ATTACH NAILER TO WALL REFER TO FACTORY MUlUAL DATA SHEET 1-49 c:::a.-9--t------------------NEOPRENE GASKETED L-i;:::::;::::;::....J~____::;::;::;;::r1T1 FASTENER 24" O.C. rv7r-11-t77,;tt------------------CONTINUOUS CLEAT FASTENED 16" O.C. ------------------BASE FLASHING AS SPECIFIED ALPHAGUARD --------------------FLASHING ----ALPHAGUARD W/ REINFORCEMENT BASE PLY ~--IN SULA 11ON '-----CONCRETE ROOF DECK '-----------WOOD NAILER SECURED TO DECK w/ APPROPROIA TE FASTENERS, 2 ROWS STAGGERED EACH ROW 24" O.C. SHEET llllE: ALPHAGUARD PLUS COPING CAP SCALE: NTS DRAWING No.: 33 Nov. 19, 2019 Item #7 Page 189 of 250 ALPHAGUARD TOP COAT ALPHAGUARD BASE COAT W/ REINFORCEMENT APPROVED COVER BOARD BASE SHEET RIGID INSULATION ALPHAGUARD PLUS DRAIN DETAIL-RIGID INSULATION Drain Pan ALPHAGUARD Nov. 19, 2019 Item #7 Page 190 of 250 FLEXIBLE IMPERVIOUS ------,. MEMBRANE ADHERED TO VAPOR RETARDER FLEXIBLE VAPOR RETARDER TO SERVE AS INSULATION RETAINER CHAMFER EACH --..... SIDE OF WOOD CURB TO DRAIN . . _.,. ... ·.• WOOD NAILER SECURED TO DECK w/ APPROPRIATE FASTENERS, 2 ROWS STAGGERED EACH ROW 24" O.C. INORGANIC ____ ...., COMPRESSIBLE INSULATION --- .. . ·. .. ~--FASTENERS B" O.C. BOTH SIDES ~--FASTEN 18" O.C. w/ NEOPRENE GASKETED FASTENERS r ALPHAGUARD W/ REINFORCEMENT APPROVED BASE SHEET INSULATION ....._ ___ CONCRETE ROOF DECK ALPHAGUARD PLUS STANDING SEAM EXPANSION JOINT SCALE: NTS DRAWING No.: 35 Nov. 19, 2019 Item #7 Page 191 of 250 . ,,. GRAVELSTOP EDGE W/ CLIP ALPHAGUARD TOP COAT ALPHAGUARD BASE COAT W/ REINFORCEMENT ·;,,i .. , . ,1/1 • • • • • • ,1/1 .. .-. GRAVELSTOP EDGE DETAIL 36 Nov. 19, 2019 Item #7 Page 192 of 250 NOTES: 1. SLOPE GUTTER TO DOWNSPOUTS 1/4"PER 1' MINIMUM. ALPHAGUARD TOP COAT ALPHAGUARD BASE COAT W/ REINFORCEMENT ,,. ... .. . ALPHAGUARD PLUS GUTTER EDGE DETAIL 37 Nov. 19, 2019 Item #7 Page 193 of 250 -· .l\ <I .4 :~ TREMSEAL D COUNTERFLASHING PER SPEC ~-------Jr--ALPHAGUARD TOP COAT ___,~-ALPHAGUARD BASE COAT W/ REINFORCEMENT . . .4 d <I ·. : .. · . :~ ... · . . ... . · ..• ·-· ... '4. · .•. <I .ll . . . .. . . . ·. ~ .. : .. -. •.A~ . . • ..... .. · ... ; . --~~ ; .. ~-----4~-~--:>-~:-: -•-~:_-1·. : . •.-.. -~ <I CONCRETE DECK . <1 . ALPHAGUARD PARAPET WALL DETAIL 38 Nov. 19, 2019 Item #7 Page 194 of 250 .. LI <I .4 :_4 . . .4 <I ·. 4 <I .4 ~ .,, 4 I . <I . TREMSEAL D COUNTERFLASHING PER SPEC ALPHAGUARD TOP COAT ALPHAGUARD BASE COAT W/ REINFORCEMENT BASE SHEET INSULATION CONCRETE ROOF DECK ALPHAGUARD PLUS PARAPET WALL DETAIL 39 Nov. 19, 2019 Item #7 Page 195 of 250 / ~.. --~_-I· .. :_· • .;._~ ~ ":_ ... · ... ,d r.:-- ..... ·.•· .. ·:•·.: .. : .~... . . . 4 .... : ... ... .. ·· ... ~ -~ . ~ ... ·. _. .,~.. . ·. .... . . .. ·. •• ,d· •• •. • ~-. .. .. :· •' ' . . -4,· ALPHA GUARD Min. 8" -- -----REMOVE ANY RUST OR LOOSE DEBRIS BEFORE APPL YING ALPHAGUARD PRIME METAL STACK WITH M-PRIME. ----ALPHAGUARD FLASHING FULLY ADHERED TO PROPERLY PREPARED SURFACE. ./ ALPHAGUARD ROOFING MEMBRANE / \ CONCRETE DECK PRIMED W/ , \ POL YROOF C PRIME ROOF PENETRATION -FULLY ADHERED TO CONCRETE DECK 40 Nov. 19, 2019 Item #7 Page 196 of 250 Min.8" 4" ALPHA GUARD ----REMOVE ANY RUST OR LOOSE DEBRIS AND PRIME WITH M-PRIME BEFORE APPL YING ALPHAGUARD •-----ALPHAGUARD W/ REINFORCEMENT APPROVED BASE PLY RIGID INSULATION ROOF PENETRATION -METAL DECK W/ RIGID INSULATION 41 Nov. 19, 2019 Item #7 Page 197 of 250 ALPHAGUARD TC ALPHAGUARD BC W/ REINFORCEMENT . . "" . ;. ,, ~-· .. . · .. ·:··· . "" . ,,. . . "" .... . .. SHEET llllE: SPECIFIED DRAWBAND AND SEALANT METAL PITCH PAN MINIMUM 4" HEIGHT w/ METAL HOOD FILL TO TOP OF PAN w/ SPECIFIED MASTIC ,,. .... . •· . . ,i . r ,....._ ____ CONCRETE ROOF DECK SCALE: NTS ALPHAGUARD PITCH POCKET DRAWING No.: 42 Nov. 19, 2019 Item #7 Page 198 of 250 I !: l'I ~ .. ~ .. :z: ' C, w iii u ,c :z: I&, A w II u w ,c C, I&, = w > 0 u r 3 1 /2" 7 2 1/4'" 1/2'" FORMED FASCIA COVER 10' LENGTHS & CONCEALED 4" WIDE SPLICE PLATES RETAINER SPLICE GASKET (6" LONG) ,032 RETAINER SPLICE (6" LONG) BLOCKING & MECHANICAL FASTENERS BY CONTRACTOR #10 x 1 1/2" S.S. SCREW@ 12" O.C. BYTREMCO EXTRUDED ALUMINUM RETAINER ALPHAGUARD W/ REINFORCEMENT TREMLOCK EES FASCIA W/ ALPHAGUARD PLUS Nov. 19, 2019 Item #7 Page 199 of 250 * 1-* :r:N c., [jJ <( I w u ~ 0 co " LO TREMLOCK FASCIA -10' LENGTHS W/ CONCEALED 4" WIDE JOINT SPLICE PLATE CONTINUOUS GALVANIZED RETAINER 1 o• LENGTHS CONTINUOUS GALVANIZED WATERDAM 1 O' LENGTHS ------ALPHAGUARD SYSTEM W / REINFORCEMENT \_BLOCKING & MECHANICAL FASTENERS BY CONTRACTOR 1 1 /2" RING SHANK NAILS @ 12" o.c. *NOTE: DIMENSION SHOWN WILL VARY DEPENDING UPON THE NUMBER OF ROOFING PLYS USED. THE DIMENSION SHOWN IS BASED UPON 1 PLY OF ROOFING. SHEET 1111.E: SCALE: NTS TREMLOCK FASCl~L~ ALPHAGUARD DRAWING No.: 44 Nov. 19, 2019 Item #7 Page 200 of 250 SHEET METAL CAP ALPHAGUARD W/ REINFORCEMENT APPROVED BASE PLY RIGID INSULATION ROOF DECK SHEET Till£: ALPHAGUARD PLUS WOOD CURB SCALE: NTS DRAWING No.: 45 Nov. 19, 2019 Item #7 Page 201 of 250 ROOFING & BUILDING MAINTENANCE 3735 Green Road• Beachwood, OH• 44122 • 216-292-5000 50 Beth Nealson Drive• Toronto, ON• M4H 1M6 • 216-292-5000 Nov. 19, 2019 Item #7 Page 202 of 250 See General Information for Roofing Systems TREMCO INC Roofing & Building Maintenance 3735 Green Rd Beachwood, OH 44122 USA TGFU.R6692 Roofing Systems Roofing Systems Page Bottom R6692 "AlphaGuard Bio Base Coat or "AG Bio Base Coat"/AlphaGuard Bio Top Coat" coating and "AlpheGuard MT Base COat/AlphaGuard MT Top coat" systems are Interchangeable in any Certification. 23. Deck: C-15/32 Incline: 1 Existing Roof System: -(To maintain existing Certifications) -Any ClassA, B or C, uncoated, Insulated or uninsulated, smooth surfaced BUR or modified bitumen roofing system to retain the existing Certification covered with: Primer (Optional): -"Single Ply Primer" (not UL Certified), 0.33-gal/100-ft.2• Base Coat: -"AlphaGuard MT Base Coat" or "AlphaGuard MT Top Coat -Winter Grade", applied at 3-gal/100-ft.2• Reinforcement (Optional): -One ply, 0.33-oz/ft.2 "Permafab Mat" (not UL Certified) or one ply 0.75-oz/ft.2 "AlphaGuard Glass Mat"(not UL Certified). Top Coat: -"AlphaGuard MT Top Coat" or "AlphaGuard MT Top Coat -Winter Grade", applied at 2-gal/100-ft.2• Nov. 19, 2019 Item #7 Page 203 of 250 CITY WARRANTY FORM FOR EXECUTION BY MANUFACTURER AND CONTRACTOR FARADAY CENTER ROOF WARRANTY CONTRACT NO. 4720 Separate from the Contractor's Guarantee Form, the City has developed a Warranty Form for execution and submission by the Roofing Materials Manufacturer and the Roofing Contractor. This document is to be signed, notarized and returned to the City upon completion of the contract work. The contract work will not be determined "Complete" until this form has been executed and accepted by the City. An alternate version of this form may be submitted providing that the language on this City Form is replicated in its entirety and not contradicted on such alternate form. Warranty No: ________ Building Owner: The City of Carlsbad, California Building Name: FARADAY CENTER Address: 1635 Faraday Avenue, Carlsbad, CA 92008 Contractor: Date of Project Substantial Completion (SC): ____ Date of Final Roof Inspection: ___ _ Roof Area Warranted _____ square feet This Warranty is effective for twenty (20) years; from ______ through _____ _ (SC Date) Manufacturer and Type of Roofing System Installed: ---------------- _____________ ,("Manufacturer") warrants to the City of Carlsbad ("City"), that subject to the terms, conditions, and limitations stated herein, Manufacturer will cause to be repaired, any leaks originating in the roof system (the "System") indicated above as applied to the building which are caused by defects in the materials supplied by Manufacturer or defects in workmanship by a Manufacturer's Authorized Applicator for a period of twenty (20) years commencing with the date of Substantial Completion provided by the city for the installation of the System with no monetary limit with respect to System repair costs. TERMS, CONDITIONS, LIMITATIONS 1. City is required to notify Manufacturer on the first business day immediately following the discovery of each leak in the System and confinn in writing within one (1) week. 2. If on Manufacturer's inspection, Manufacturer determines that the leak is caused by a defect in the Manufacturer's material supplied by Manufacturer to the Manufacturer's Authorized Applicator for this building or the workmanship of the Manufacturer's Authorized Applicator, except as provided in the following paragraph four (4) below, Manufacturer's liability shall be Nov. 19, 2019 Item #7 Page 204 of 250 limited to Manufacturer's repair of the System, including membrane, insulation and cover board, and the replacement of materials in the System or the substrate under the system, which are determined by Manufacturer and City to be damaged by the leak. 3. Manufacturer shall not be responsible for the removal or cost of removal and/or reinstallation of any components/ materials installed over the Manufacturer's System, including but not limited to, insulation, drainage mat, filter fabric, growing medium, plant life, pavers, gravel, concrete or walkways. 4. This warranty does not apply and may be null and void if any of the following occur: a. The System is damaged by a natural disaster, including without limitation, earthquake, lightning, hail, windstorm, hurricane, tornado, winds in excess of 60 mph or flood; or b. The System is damaged by any act of negligence, accident, or misuse including but not limited to, vandalism, falling objects, civil disobedience, or act of war; or c. The System is damaged by the use of materials not supplied by or approved of in writing by Manufacturer; or d. A deficient pre-existing condition or equipment is causing water entry; or e. There are any alterations or repairs made on or through the completed System, or objects such as but not limited to fixtures, equipment or structures are placed on or attached to the completed System without first obtaining written authorization from Manufacturer; or f. Failure by City to use reasonable care in maintaining the System; or g. Loss of integrity of the building envelope and/or structure including, but not limited to, partial or complete loss of decking, wall siding, windows, doors or other envelope components, or from damage by windblown objects; or h. The System is damaged by structural failures, including without limitation, settling or shifting of the building or movement or cracking or deflection of the roof deck and/or roof structure; or i. The System is damaged by chemical conditions, animals, insects, or other conditions not disclosed in writing to Manufacturer prior to the date of this Warranty; or j. Deficient design applied to the System such as contact with incompatible materials and/or substrates. 5. During the period of the Warranty, Manufacturer, its agents and employees, agree to request and coordinate escorted building access through the City Facilities Maintenance Department during regular business hours. Inspections and maintenance {including removal of debris from roof membranes and cleaning of drains and scuppers) will be performed at years 2, 5, 10 and 15 of the twenty (20) year warranty period. 6. Should the System be concealed, the cost of exposure of the System for purposes of Manufacturer's investigation and/or repair, shall be City's responsibility. Cost of removal and replacement of gravel surface shall be the Manufacturer's responsibility. Nov. 19, 2019 Item #7 Page 205 of 250 7. City's failure at any time to enforce any of the terms or conditions stated herein shall not be construed to be a waiver of such provision. 8. City is responsible to Manufacturer for all costs attributed to work performed as the result of service calls for items not covered under this Warranty. 9. This Warranty may only be transferred to a subsequent owner of the building within the applicable original warranty period. Under no circumstances, including but not limited to a warranty transfer, shall the original warranty period be deemed extended for any reason. 10. This Warranty shall not become effective unless and until signed by ________ _ (Manufacturer's Authorized Applicator) and Manufacturer ___________ _ 11. Manufacturer shall not be responsible or liable for any consequential or incidental damages caused as a result an any leaks to areas below the roof substrate and its support framing, including other elements of the building structure or contents, loss of use of the structure or any component thereof, or damage to any personal property or persons. 12. This Warranty shall be governed by the laws of the State of California. Manufacturer: (Company name) Authorized Representative of Manufacturer Contact Phone Number Contractor: (Company name) Authorized Representative of Manufacturer Contact Phone Number Nov. 19, 2019 Item #7 Page 206 of 250 Client#· 1330878 303GOODROO ACORD™ CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) 5/21/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER ijJ;:IJi~cT Marie Guerard McGriff Insurance Services wgNrio, Ext): 619 231-1010 l[ivc,No): 6192369134 750 B Street Suite 2400 E-MAIL ADDRESS: San Diego, CA 92101 INSURER(S) AFFORDING COVERAGE NAIC# 619 231-1010 INSURER A : Navigators Specialty Insurance Company 36056 INSURED INSURER B : State Compensation Ins. Fund of CA 35076 A Good Roofer Inc INSURER C : Nationwide Mutual Insurance Company 23787 11651 Riverside Dr #145 Lakeside, CA 92040 INSURERD: INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLl1~ 11:Wcl~ LIMITS LTR INSR WVD !MM/DD A X COMMERCIAL GENERAL LIABILITY SF19CGLZ01FW91C (15/19/2019 05/19/2020 EACH OCCURRENCE $1,000 000 ~ =:J CLAIMS-MADE [!] OCCUR DAMAj?,E TO RENTED f--PREMI ES TEa occurrence) $100,000 X Bl/PD Ded:2,500 MED EXP (Any one person) s5,000 f-- PERSONAL & ADV INJURY s1,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 R [!)PRO-□LOC PRODUCTS -COMP/OP AGG s2,000,000 POLICY JECT OTHER: $ C AUTOMOBILE LIABILITY ACP7890415688 05/19/2019 05/19/2020 COMBINED SINGLE LIMIT s1,000,000 /Ea accident\ ~ X ANY AUTO BODILY INJURY (Per person) $ ~ OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X HIRED X NON-OWNED rt:.7~afd"Z.t~AMAGE $ AUTOS ONLY AUTOS ONLY $ A UMBRELLA LIAB ~ OCCUR E19EXCZO1G6AIC 05/19/2019 05/19/2020 EACH OCCURRENCE sS.000.000 - X EXCESSLIAB CLAIMS-MADE AGGREGATE s5,000,000 DED I I RETENTION$ $ B WORKERS COMPENSATION 92540602019 05/19/2019 05/19/2020 X IPER I IOTH- AND EMPLOYERS' LIABILITY y / N STATIITF ER ANY PROPRIETOR/PARTNER/EXECUTIVE□ E.L. EACH ACCIDENT $1,000 000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE s1,000,000 If yes, describe under E.L. DISEASE -POLICY LIMIT s1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Certificate is subject to policy limits, conditions and exclusions. This certificate has been issued as Evidence of Insurance Coverage only and is not to be reproduced. CERTIFICATE HOLDER CANCELLATION Evidence of Insurance SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I 9'°'--d~ /.?;_ ~ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S23601191/M23576923 7AR Nov. 19, 2019 Item #7 Page 207 of 250 TECHNICAL SPECIFICATIONS DIVISION 02 EXISTING CONDITIONS 02 4100 SELECTIVE DEMOLITION DIVISION 05 METALS 05 5213 PIPE AND TUBE RAILINGS DIVISION 06 WOOD, PLASTICS, AND COMPOSITES 06 0573 06 1000 06 1500 WOOD TREATMENT ROUGH CARPENTRY WOOD DECKING DIVISION 07 THERMAL AND MOISTURE PROTECTION 07 5110 07 6000 07 6200 07 7200 07 9200 REHABILITATION OF BUILT UP ROOFING FLASHING AND SHEET METAL SHEET METAL FLASHING AND TRIM ROOF ACCESSORIES JOINT SEALANTS DIVISION 08 OPENINGS 08 6200 UNIT SKYLIGHTS APPENDIX A-BASIS OF DESIGN PRODUCT DATA TREMCO, ALPHAGUARD BIO BASE COAT PRODUCT DATA TREMCO, ALPHAGUARD BIO TOP COAT PRODUCT DATA TREMCO, ALPHAGUARD BIO & MT FLUID APPLIED ROOFING SYSTEM, INTALLATION GUIDE, 2018 UL FIRE RATING FOR TREMCO, ALPHAGUARD BIO BASE COAT AND TOP COAT 4720 Faraday Center Roof Replacement TABLE OF CONTENTS Page 1 Nov. 19, 2019 Item #7 Page 208 of 250 PART1 GENERAL 1.01 SECTION INCLUDES SECTION 02 4100 SELECTIVE DEMOLITION A. Selective demolition of built site elements. B. Selective demolition of building elements for alteration purposes. 1.02 REFERENCE STANDARDS A. 29 CFR 1926 -U.S. Occupational Safety and Health Standards; current edition. B. NFPA 241 -Standard for Safeguarding Construction, Alteration, and Demolition Operations; 2013. 1.03 SUBMITTALS A. See Section 01 3000 -Administrative Requirements, for submittal procedures. B. Site Plan: Showing: 1. Areas for temporary construction and field offices. C. Demolition Plan: Submit demolition plan as specified by OSHA and local authorities. 1. Indicate extent of demolition, removal sequence, bracing and shoring, and location and construction of barricades and fences. 2. Identify demolition firm and submit qualifications. 3. Include a summary of safety procedures. 1.04 QUALITY ASSURANCE A. Demolition Firm Qualifications: Company specializing in the type of work required. 1. Minimum of 5 years of documented experience. PART 2 PRODUCTS -NOT USED PART 3 EXECUTION 3.01 SCOPE A. Construction to be phased per Contractor's recommendations, building to be fully occupied and functional, coordinate demo and renovation phasing with City Project Manager. B. Occupants must be moved to other areas of building to remain fully operational. C. Occupants may be moved to conference rooms. Contractor to present phasing plan to City Project Manager. D. Contents of cubicles may be relocated or covered. Obtain from City Project Manager method to protect or relocate cubicles and contents of cubicles if such relocation is necessary for the work. E. The Contractor is responsible for returning cubicles and contents of cubicles back to existing condition. 4720 Faraday Center Roof Replacement 02 4100 - 1 DEMOLITION Nov. 19, 2019 Item #7 Page 209 of 250 F. Items to be protected or relocated include computers and other equipment Coordinate with City/Building IT manager if disconnection and reconnection is necessary. 3.02 GENERAL PROCEDURES AND PROJECT CONDITIONS A. Comply with applicable codes and regulations for demolition operations and safety of adjacent structures and the public. 1. Obtain required permits. 2. Comply with applicable requirements of NFPA 241. 3. Take precautions to prevent catastrophic or uncontrolled collapse of structures to be removed; do not allow worker or public access within range of potential collapse of unstable structures. 4. Provide, erect, and maintain temporary barriers and security devices. 5. Conduct operations to minimize effects on and interference with adjacent structures and occupants. 6. Do not close or obstruct roadways or sidewalks without permit. 7. Conduct operations to minimize obstruction of public and private entrances and exits; do not obstruct required exits at any time; protect persons using entrances and exits from removal operations. 8. Obtain written permission from owners of adjacent properties when demolition equipment will traverse, infringe upon or limit access to their property. 8. Do not begin removal until receipt of notification to proceed from City. C. Protect existing structures and other elements that are not to be removed. 1. Provide bracing and shoring. 2. Prevent movement or settlement of adjacent structures. 3. Stop work immediately if adjacent structures appear to be in danger. 4. Protect City Equipment, documents, and furniture from dust and damage. Obtain from City Project Manager approval for the method for which this will be achieved such as drop cloths or protective paper or film prior to commencement of work. D. If hazardous materials are discovered during removal operations, stop work and notify Architect and City; hazardous materials include regulated asbestos containing materials, lead, PCB's, and mercury. 3.03 EXISTING UTILITIES A. Coordinate work with utility companies; notify before starting work and comply with their requirements; obtain required permits. 8. Protect existing utilities to remain from damage. C. Do not disrupt public utilities without permit from authority having jurisdiction. D. Do not close, shut off, or disrupt existing life safety systems that are in use without at least 7 days prior written notification to City. E. Do not close, shut off, or disrupt existing utility branches or take-offs that are in use without at least 3 days prior written notification to City. F. Locate and mark utilities to remain; mark using highly visible tags or flags, with identification of utility type; protect from damage due to subsequent construction, using substantial barricades if necessary. G. Remove exposed piping, valves, meters, equipment, supports, and foundations of disconnected and abandoned utilities. 4720 Faraday Center Roof Replacement 02 4100 - 2 DEMOLITION Nov. 19, 2019 Item #7 Page 210 of 250 3.04 SELECTIVE DEMOLITION FOR ALTERATIONS A. Drawings showing existing construction and utilities are based on casual field observation and existing record documents only. 1. Verify that construction and utility arrangements are as indicated. 2. Report discrepancies to Architect before disturbing existing installation. 3. Beginning of demolition work constitutes acceptance of existing conditions that would be apparent upon examination prior to starting demolition. B. Separate areas in which demolition is being conducted from other areas that are still occupied. 1. Provide, erect, and maintain temporary dustproof partitions. C. Remove existing work as indicated and as required to accomplish new work. 1. Remove items indicated on drawings. D. Services (Including but not limited to HVAC, Plumbing, Fire Protection, Electrical, Telecommunications, and any other systems): 1. Maintain existing active systems that are to remain in operation; maintain access to equipment and operational components. 2. Where existing active systems serve occupied facilities but are to be replaced with new services, maintain existing systems in service until new systems are complete and ready for service. 3. Verify that abandoned services serve only abandoned facilities before removal. 4. Remove abandoned pipe, ducts, conduits, and equipment, including those above accessible ceilings; remove back to source of supply where possible, otherwise cap stub and tag with identification. E. Protect existing work to remain. 1 . Prevent movement of structure; provide shoring and bracing if necessary. F. Perform cutting to accomplish removals neatly and as specified for cutting new work. 1. Repair adjacent construction and finishes damaged during removal work. 2. Patch as specified for patching new work. 3.05 DEBRIS AND WASTE REMOVAL A. Remove debris, junk, and trash from site. B. Leave site in clean condition, ready for subsequent work. C. Clean up spillage and wind-blown debris from public and private lands. END OF SECTION 4720 Faraday Center Roof Replacement 02 4100 - 3 DEMOLITION Nov. 19, 2019 Item #7 Page 211 of 250 PART1 GENERAL 1.01 SECTION INCLUDES SECTION 05 5213 PIPE AND TUBE RAILINGS A. Balcony railings and guardrails. 1.02 REFERENCE STANDARDS A. AAMA 611 -Voluntary Specification for Anodized Architectural Aluminum; 2014 (2015 Errata). B. AAMA 2603 -Voluntary Specification, Performance Requirements and Test Procedures for Pigmented Organic Coatings on Aluminum Extrusions and Panels (with Coil Coating Appendix); 2017a. C. ASTM B241 /B241 M -Standard Specification for Aluminum and Aluminum-Alloy Seamless Pipe and Seamless Extruded Tube; 2016. D. ASTM B429/B429M -Standard Specification for Aluminum-Alloy Extruded Structural Pipe and Tube; 2010e1. E. ASTM B483/B483M -Standard Specification for Aluminum and Aluminum-Alloy Drawn Tubes for General Purpose Applications; 2013, with Editorial Revision (2014). F. ASTM E935 -Standard Test Methods for Performance of Permanent Metal Railing Systems and Rails for Buildings; 2013, with Editorial Revision. G. ASTM E985 -Standard Specification for Permanent Metal Railing Systems and Rails for Buildings; 2000 (Reapproved 2006). H. OSHA 1.03 SUBMITTALS A. Shop Drawings: Indicate profiles, sizes, connection attachments, anchorage, size and type of fasteners, and accessories. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Handrails and Railings (Roof Hatch guardrail and safety pole): 1. Babcock Davis Model BSRC or equal. https://www.babcockdavis.com/products/fall-protection/roof-hatch-safety-railing . OSHA Compliant, gate type not chain type. 2. Bilco Bilguard 2.0 or equal. Provide Ladder UP safety pole or equal. https://www.bilco.com/category237/Safety_&_Security_Products 3. All substitutions must be approved by City Project Manager. B. Non-Weld Pipe Fittings: 1. Kee Safety, Inc; Kee Klamp (steel): www.keesafety.com. 4720 Faraday Center Roof Replacement 055213-2 PIPE AND TUBE RAILINGS Nov. 19, 2019 Item #7 Page 212 of 250 2.02 RAILINGS -GENERAL REQUIREMENTS A. Design, fabricate, and test railing assemblies in accordance with the most stringent requirements of ASTM E985 and applicable local code. B. Distributed Loads: Design railing assembly, wall rails, and attachments to resist distributed force of 50 pounds per linear foot (730 N/m) applied to the top of the assembly and in any direction, without damage or permanent set. Test in accordance with ASTM E935. C. Concentrated Loads: Design railing assembly, wall rails, and attachments to resist a concentrated force of 200 pounds (890 N) applied at any point on the top of the assembly and in any direction, without damage or permanent set. Test in accordance with ASTM E935. D. Allow for expansion and contraction of members and building movement without damage to connections or members. E. Dimensions: See drawings for configurations and heights. F. Provide anchors and other components as required to attach to structure, made of same materials as railing components unless otherwise indicated; where exposed fasteners are unavoidable provide flush countersunk fasteners. G. Provide mechanical and welding fittings where indicated to join lengths, seal open ends, and conceal exposed mounting bolts and nuts, including but not limited to elbows, T-shapes, splice connectors, flanges, escutcheons, and wall brackets. 2.03 ALUMINUM MATERIALS A. Aluminum Tube: Minimum wall thickness of 0.127 inch (3.2 mm); ASTM B429/B429M, ASTM B241/B241M, or ASTM B483/8483M. Aluminum Alloy:T6061. B. Welding Fittings: No exposed fasteners; cast aluminum. C. Straight Splice Connectors: Concealed spigot; cast aluminum. D. Exposed Fasteners: Flush countersunk screws or bolts; consistent with design of railing. 2.04 FABRICATION A. Accurately form components to suit specific project conditions and for proper connection to building structure. B. Fit and shop assemble components in largest practical sizes for delivery to site. C. Fabricate components with joints tightly fitted and secured. Provide spigots and sleeves to accommodate site assembly and installation. D. Welded Joints: 1. Exterior Components: Continuously seal joined pieces by intermittent welds and plastic filler. Drill condensate drainage holes at bottom of members at locations that will not encourage water intrusion. 2. Interior Components: Continuously seal joined pieces by intermittent welds and plastic filler. 3. Grind exposed joints flush and smooth with adjacent finish surface. Make exposed joints butt tight, flush, and hairline. Ease exposed edges to small uniform radius. 4720 Faraday Center Roof Replacement 055213-3 PIPE AND TUBE RAILINGS Nov. 19, 2019 Item #7 Page 213 of 250 2.05 ALUMINUM FINISHES A. Color: To be selected by Architect from manufacturer's standard line. B. Touch-Up Materials: As recommended by coating manufacturer for field application. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that field conditions are acceptable and are ready to receive work. 3.02 PREPARATION A. Apply one coat of bituminous paint to concealed aluminum surfaces that will be in contact with cementitious or dissimilar materials. 3.03 INSTALLATION A. Install in accordance with manufacturer's instructions. B. Install components plumb and level, accurately fitted, free from distortion or defects, with tight joints. C. Install railings in compliance with ADA Standards for accessible design at applicable locations. D. Anchor railings securely to structure. E. Conceal anchor bolts and screws whenever possible. Where not concealed, use flush countersunk fastenings. END OF SECTION 4720 Faraday Center Roof Replacement 055213-4 PIPE AND TUBE RAILINGS Nov. 19, 2019 Item #7 Page 214 of 250 PART1 GENERAL 1.01 SECTION INCLUDES SECTION 06 0573 WOOD TREATMENT A. Site applied termiticide for wood materials. B. Site applied mildicide for wood materials. 1.02 SUBMITTALS A. See Section 01 3000 -Administrative Requirements, for submittal procedures. B. Product Data: Provide technical data on insulated sheathing, wood preservative materials, and application instructions. 1.03 DELIVERY, STORAGE, AND HANDLING A. General: Cover wood products to protect against moisture. Support stacked products to prevent deformation and to allow air circulation. B. Fire Retardant Treated Wood: Prevent exposure to precipitation during shipping, storage, or installation. PART 2 PRODUCTS 2.01 SITE APPLIED WOOD TREATMENT A. Manufacturers: 1. Nisus Corporation: www.nisuscorp.com. 2. Substitutions: See Section 01 6000 -Product Requirements. B. Site Applied Termiticide and Mildicide: Borate mineral salt based, spray applied termiticide, mildicide and mold growth preventative. 1. Products: a. Nisus Corporation; Product QNAP5: www.nisuscorp.com. b. Substitutions: See Section 01 6000 -Product Requirements. PART 3 EXECUTION 3.01 PREPARATION A. Remove dust, dirt and other contaminants from treatment surfaces. Remove tarpaulins, drop cloths, strippable protective films, etc., from areas to be treated Move equipment and stored materials that block or prevent product application. 3.02 INSTALLATION-GENERAL A. Provide temporary ventilation during and immediately after installation sufficient to remove indoor air contaminants. 4720 Faraday Center Roof Replacement 055213-1 PIPE AND TUBE RAILINGS Nov. 19, 2019 Item #7 Page 215 of 250 3.03 SITE APPLIED WOOD TREATMENT A. Comply with manufacturers written mixing and installation instructions. B. Termiticide: Apply to foundations, structure and other items as listed. C. All structural wood and sill plates within 24 inches (610 mm), minimum, of point of contact with foundation. D. All wood, wood based and cellulosic sheathing within 24 inches (610 mm), minimum, of point of contact with foundation. E. Concrete foundations 2 inches (51 mm), minimum, from sill plate. F. All pipe and plumbing penetrations up to 24 inches (305 mm), minimum, above slab and slab surface within 6 inches (152 mm), minimum, of pipe or penetration. END OF SECTION 4720 Faraday Center Roof Replacement 06 0573 - 2 WOOD TREATMENT Nov. 19, 2019 Item #7 Page 216 of 250 PART1 GENERAL 1.01 SECTION INCLUDES SECTION 06 1000 ROUGH CARPENTRY A. Rough opening framing for doors, windows, and roof openings. B. Roof-mounted curbs. C. Preservative treated wood materials. D. Fire retardant treated wood materials. E. Concealed wood blocking, nailers, and supports. 1.02 REFERENCE STANDARDS A. ASTM A153/A153M -Standard Specification for Zinc Coating (Hot-Dip) on Iron and Steel Hardware; 2016a. B. ASTM A653/A653M -Standard Specification for Steel Sheet, Zinc-Coated (Galvanized} or Zinc-Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process; 2015, with Editorial Revision (2016). C. AWPA U1 -Use Category System: User Specification for Treated Wood; 2017. D. PS 20 -American Softwood Lumber Standard; 2015. 1.03 SUBMITTALS A. See Section 01 3000 -Administrative Requirements, for submittal procedures. B. Product Data: Provide technical data on insulated sheathing, wood preservative materials, and application instructions. C. Manufacturer's Certificate: Certify that wood products supplied for rough carpentry meet or exceed specified requirements. 1.04 DELIVERY, STORAGE, AND HANDLING A. General: Cover wood products to protect against moisture. Support stacked products to prevent deformation and to allow air circulation. B. Fire Retardant Treated Wood: Prevent exposure to precipitation during shipping, storage, or installation. PART 2 PRODUCTS 2.01 GENERAL REQUIREMENTS A. Dimension Lumber: Comply with PS 20 and requirements of specified grading agencies. 4720 Faraday Center Roof Replacement 06 1000 -1 ROUGH CARPENTRY Nov. 19, 2019 Item #7 Page 217 of 250 1. If no species is specified, provide any species graded by the agency specified; if no grading agency is specified, provide lumber graded by any grading agency meeting the specified requirements. 2. Grading Agency: Any grading agency whose rules are approved by the Board of Review, American Lumber Standard Committee (www.alsc.org) and who provides grading service for the species and grade specified; provide lumber stamped with grade mark unless otherwise indicated. B. Lumber fabricated from old growth timber is not permitted. 2.02 DIMENSION LUMBER FOR CONCEALED APPLICATIONS A. Sizes: Nominal sizes as indicated on drawings, S4S. B. Moisture Content: S-dry or MC19. C. Miscellaneous Framing, Blocking, Nailers, Grounds, and Furring: 1. Lumber: S4S, No. 2 or Standard Grade. 2. Boards: Standard or No. 3. 2.03 ACCESSORIES A. Fasteners and Anchors: 1. Metal and Finish: Hot-dipped galvanized steel complying with ASTM A 153/A 153M for high humidity and preservative-treated wood locations, unfinished steel elsewhere. B. Joist Hangers: Hot dipped galvanized steel, sized to suit framing conditions. 1. For contact with preservative treated wood in exposed locations, provide minimum G185 (Z550) galvanizing complying with ASTM A653/A653M. 2.04 FACTORY WOOD TREATMENT A. Treated Lumber and Plywood: Comply with requirements of AWPA U1 -Use Category System for wood treatments determined by use categories, expected service conditions, and specific applications. 1. Fire-Retardant Treated Wood: Mark each piece of wood with producer's stamp indicating compliance with specified requirements. 2. Preservative-Treated Wood: Provide lumber and plywood marked or stamped by an ALSC-accredited testing agency, certifying level and type of treatment in accordance with AWPA standards. B. Fire Retardant Treatment: 1. Manufacturers: a. Viance, LLC; D-Blaze: www.treatedwood.com/#sle. b. Substitutions: See Section 01 6000 -Product Requirements. C. Preservative Treatment: 1. Manufacturers: a. Viance, LLC; Preserve ACQ: www.treatedwood.com/#sle. b. Substitutions: See Section 01 6000 -Product Requirements. 2. Preservative Pressure Treatment of Lumber Above Grade: AWPA U1, Use Category UC3B, Commodity Specification A using waterborne preservative. a. Kiln dry lumber after treatment to maximum moisture content of 19 percent. b. Treat lumber exposed to weather. c. Treat lumber in contact with roofing, flashing, or waterproofing. 4720 Faraday Center Roof Replacement 06 1000 - 2 ROUGH CARPENTRY Nov. 19, 2019 Item #7 Page 218 of 250 PART 3 EXECUTION 3.01 INSTALLATION -GENERAL A. Select material sizes to minimize waste. B. Reuse scrap to the greatest extent possible; clearly separate scrap for use on site as accessory components, including: shims, bracing, and blocking. C. Where treated wood is used on interior, provide temporary ventilation during and immediately after installation sufficient to remove indoor air contaminants. 3.02 BLOCKING, NAILERS, AND SUPPORTS A. Provide framing and blocking members as indicated or as required to support finishes, fixtures, specialty items, and trim. B. In framed assemblies that have concealed spaces, provide solid wood fireblocking as required by applicable local code, to close concealed draft openings between floors and between top story and roof/attic space; other material acceptable to code authorities may be used in lieu of solid wood blocking C. In metal stud walls, provide continuous blocking around door and window openings for anchorage of frames, securely attached to stud framing. D. In walls, provide blocking attached to studs as backing and support for wall-mounted items, unless item can be securely fastened to two or more studs or other method of support is explicitly indicated. E. Where ceiling-mounting is indicated, provide blocking and supplementary supports above ceiling, unless other method of support is explicitly indicated. 3.03 ROOF-RELATED CARPENTRY A. Coordinate installation of roofing carpentry with deck construction, framing of roof openings, and roofing assembly installation. B. Provide wood curb at all roof openings except where specifically indicated otherwise. Form corners by alternating lapping side members. 3.04 TOLERANCES A. Framing Members: 1/4 inch (6 mm) from true position, maximum. B. Surface Flatness of Floor: 1/8 inch in 10 feet (1 mm/m) maximum, and 1/4 inch in 30 feet (7 mm in 10 m) maximum. C. Variation from Plane (Other than Floors): 1/4 inch in 10 feet (2 mm/m) maximum, and 1/4 inch in 30 feet (7 mm in 10 m) maximum. 3.05 FIELD QUALITY CONTROL A. See Section 01 4000 -Quality Requirements, for additional requirements. 3.05 CLEANING A. Waste Disposal: Comply with the requirements of Section 01 7 419 -Construction 4720 Faraday Center Roof Replacement 06 1000 - 3 ROUGH CARPENTRY Nov. 19, 2019 Item #7 Page 219 of 250 Waste Management and Disposal. 1. Comply with applicable regulations. 2. Do not burn scrap on project site. 3. Do not burn scraps that have been pressure treated. 4. Do not send materials treated with pentachlorophenol, CCA, or ACA to co-generation facilities or "waste-to-energy" facilities. B. Do not leave any wood, shavings, sawdust, etc. on the ground or buried in fill. C. Prevent sawdust and wood shavings from entering the storm drainage system. END OF SECTION 4720 Faraday Center Roof Replacement 06 1000 - 4 ROUGH CARPENTRY Nov. 19, 2019 Item #7 Page 220 of 250 PART1 GENERAL 1.01 SECTION INCLUDES SECTION 06 1500 WOOD DECKING A. Plywood structural wood decking. 1.02 RELATED REQUIREMENTS A. Section 06 1000 -Rough Carpentry: Bearing support. 1.03 REFERENCE STANDARDS A. AITC 111 -Recommended Practice for Protection of Structural Glued Laminated Timber During Transit, Storage and Erection; 2005. B. ASTM 01761 -Standard Test Methods for Mechanical Fasteners in Wood; 2012. C. AWPA U1 -Use Category System: User Specification for Treated Wood; 2017. D. PS 1 -Structural Plywood; 2009. 1.05 SYSTEM DESCRIPTION A. Design roof live load: 20 psf (equivalent kPa) with deflection limited to 1/240 of span. 1.06 SUBMITTALS A. See Section 01 3000 -Administrative Requirements, for submittal procedures. 1.07 DELIVERY, STORAGE, AND HANDLING A. Protect glue laminated members in accordance with AITC 111 requirements for unwrapped material. B. Fire Retardant Treated Wood: Prevent exposure to precipitation during shipping, storage, or installation. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Plywood Decking: 1. Boise Cascade, LLC: www.bc.com. 2. Georgia-Pacific Corporation: www.buildgp.com. 3. Weyerhaeuser Co: www.weyerhaeuser.com. 4. Substitutions: See Section 01 6000 -Product Requirements. 2.02 WOOD MATERIALS A. Wood fabricated from old growth timber is not permitted. B. Plywood Decking: PS 1 veneer plywood; APA Rated Sheathing, Span Rating 48/24; Exterior grade;1 A interior veneer appearance grade; sanded. 4720 Faraday Center Roof Replacement 06 1500 - 1 WOOD DECKING Nov. 19, 2019 Item #7 Page 221 of 250 2.03 ACCESSORIES A. Fasteners and Anchors: 1. Fastener Type and Finish: Hot-dipped galvanized steel for high humidity and preservative-treated wood locations, unfinished steel elsewhere. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that support framing is ready to receive decking. 3.02 PREPARATION A. Coordinate placement of bearing items. 3.03 INSTALLATION -PLYWOOD DECKING A. Install decking perpendicular to framing members with ends staggered over firm bearing. On sloped surfaces, lay decking with tongue upward. B. Engage plywood tongue and groove edges. C. Allow expansion space at edges and ends. END OF SECTION 4720 Faraday Center Roof Replacement 06 1500 - 2 WOOD DECKING Nov. 19, 2019 Item #7 Page 222 of 250 SECTION 07 5110 REHABILITIATION OF BUILT UP ROOFING PART 1 -GENERAL 1.01 SCOPE OF WORK (based on Tremco basis of design) A. Thoroughly clean roof of all dirt, dust, debris and loose granules/ coating with RoofTec cleaning system or approved equal including proper reclaiming and disposal of all runoff. B. Build up designated low areas marked on roof with leveling coat consisting of a 50/50mixture of Alphaguard bio base coat and #2/16 Cemex lapis lustre sand. Bid shall include all areas marked on roof as well as what is shown in Sheet A4 "Fill Low Area and Cricket Roof Plan". C. Reinforce perimeter and projection flashings with Alphaguard bio base coat @ 3 gallons per square, embed permafab polyester reinforcing membrane and then coat with Alphaguard bio top coat at 2 gallons per square. Designated ridges in roof to receive a detail coat of alpha- guard bio base coat and polyester membrane, 6" wide, bid shall be based on 750 lineal feet. D. Install detail coat of Alphaguard bio base coat over side and end laps, then install at 4 gallons per square over entire roof. Immediately embed permafab polyester membrane into base coat per warranty detail requirements. E. After proper cure of base coat (6-10 hours). Install Alphaguard bio top coat at 2 gallons per square. After proper cure of top coat (6-10 hours) install slip resistant surface in designated walkway areas consisting of 20-40 mesh silica sand broadcast @ 10-15 lbs / square and back- rolled into additional layer of Alphaguard top coat at 1.5 gallons per square. Base bid shall be for 600 lineal feet of nonskid walk surface 3 feet wide. F. Remove and replace perimeter counterflashing with new surface mounted 24 gage Kynar counterflashing set in butyl tape, secured 12" on center with appropriate fasteners and caulked with Tremseal D. G. Coat inside/ top of parapet wall above counterflashing with Solarguard masonry primer@ 1 gallon per 200 square feet and 2 coats of Solarguard hy-build elastomeric wall coating @ 1.25 gallons per square per coat. H. Clean sight screen support trays and seal fasteners through tray with Solarguard acrylic seam sealer. I. Remove and replace skylights, see Section 08 6200 Unit Skylights. J. Install new Cal-OSHA approved safety rail/ gate at roof access hatch. K. Remove and replace all service line support blocks with Durablocks. L. Provide add price for CAL-OSHA approved non-penetrating safety rails at all skylights. M. Provide City with 2-year contractor guarantee for defects in workmanship and 20-year manufacturer system warranty. 1.02 QUALITY CONTROL A. Contractor shall be experienced in fluid applied roofing: 1. Five (5) years minimum. 2. Be acceptable to City. 4720 Faraday Center Roof Replacement 075510-1 REHABILITATION OF BUil T UP ROOFING Nov. 19, 2019 Item #7 Page 223 of 250 3. Be a manufacturer Approved Contractor. 4. Has not been in Chapter 7 during the last ten (10) years. 5. Provide a list of at least five (5) projects available for inspection employing similar system within a 75-mile radius of City. B. Roofing material manufacturer shall: 1. Be an Associate Member in good standing with the National Roofing Contractors' Association (NRCA) for at least five (5) years. a. Be nationally recognized in roofing, waterproofing, and moisture survey industry. b. Be approved by the City. c. Not have been in Chapter 11 during the last five (5) years d. Provide a Project Close-out Report upon delivery of the project warranty. This report shall include the following sections: 1.) Project Specifications 2.) Project Summary 3.) Project reports as a result of roof inspections. 4.) Job progress photos. 5.) Warranty document. 6.) Owner's Manual describing maintenance and emergency repair. 7.) Inspection Report to be completed by the roofing material manufacturer on an annual basis. C. The roofing material manufacturer will be ISO 9001 Certified or be able to demonstrate levels of quality assurance. 1. Employ full-time Field Technical Services Representative to make daily site visits, report work quality, verify material coverage rates and job progress. Provide City with daily inspection reports with progress photos for the entire project duration. 2. Provide list of at least ten (10) projects available for inspection employing 3. Similar system within 75-mile radius of city. 4. The presence and activity of the manufacturer's/specifier's representative and/or City's representative shall in no way relieve the contractor of contractual responsibilities of duties. D. Project meetings: 1. Pre-Installation Conference: Conduct conference at Project site. Review methods and procedures related to roofing system installation including but not limited to the following: 2. Meet with Owners Representative, Roof System Manufacturer's Representative, Contractor, City, Architecture/Engineer, and third-party Roofing Installation Inspector. 3. Review methods and procedures related to roofing installation, including manufacturer's written instructions. 4. Review and finalize construction schedule and verify availability of materials, contractor personnel, equipment and facilities needed to complete project. 5. Review odor control procedures to be implemented around roof top air intakes. 6. Final Inspection will be scheduled by City upon job completion. Attendees to include: a. Contractor. b. Roofing material manufacturer. c. City representative(s). d. Minimum agenda: 1.) Walkover inspection. 2.) Identification of problems which may impede issuance of warranty. E. Random sampling: 1. Roofing material: a. During course of work, City's Representative may secure samples according to ASTM D140-93 of materials being used from containers at job site and submit them to an independent laboratory for comparison to specified material. b. Should test results prove that a material is not functionally equal to specified material: 1.) Contractor shall pay for all testing. 4720 Faraday Center Roof Replacement 075510-2 REHABILITATION OF BUil T UP ROOFING Nov. 19, 2019 Item #7 Page 224 of 250 2.) Roofing installed and found not to comply with the specifications shall be removed and replaced at no change in the contract price. 2. Regulatory requirements -Uniform Building Code. a. UL 790 Class A Fire Rating. b. CA Title 24 compliant. F. Plans and Specifications: 1. Contractor shall notify the City of any omissions, contradictions, or conflicts seven (7) days before bid date. The City shall provide necessary corrections or additions to plans and specifications by addendum. If Contractor does not so notify the City of any such condition, it will be assumed that the Contractor has included the necessary items in the bid to complete this specification. 2. It is the intent that this be a completed project as far as the contract documents set forth. It is not the intent that different phases of work on this project be delegated to various trades and subcontractors by the contract documents. Contractor must make own contracts with various subcontractors, setting forth the work these subcontractors will be held responsible for. The Contractor alone will be held responsible by the City for the completed project. a. If the Contractor feels a conflict exists between what is considered good roofing practice and these specifications, contractor shall state in writing all objections prior to submitting quotations. b. It is the Contractor's responsibility during the course of the work to bring to the attention of the City's representative any defective membrane, or deck discovered where not previously identified. 1.03 DELIVERY, STORAGE, AND HANDLING A. Delivery of materials: 1. Deliver materials to job site in new, dry, unopened, and well-marked containers showing product and manufacturer's name. 2. Deliver materials in sufficient quantity to allow continuity of work. 3. Coordinate delivery with the City. B. Do not order project materials or start work before receiving written approval from the City. C. Storage of materials: 1. Store roll goods on ends only. Discard rolls which have been flattened, creased, or otherwise damaged. Place materials on pallets. Do not stack pallets. 2. For felt rolls, slit the top of the plastic shrink wrap only. Cover top and sides of all stored materials with tarpaulin (not polyethylene). Secure tarpaulin. 3. Rooftop storage: Disperse material to avoid concentrated loading. 4. No materials may be stored in open or in contact with ground or roof surface. 5. Should Contractor be required to quickly cover material temporarily, such as during an unanticipated rain shower, all materials shall be stored on a raised platform covered with secured canvas tarpaulin (not polyethylene), top to bottom. 6. Contractor shall assume full responsibility for the protection and safekeeping of products stored on premises. D. Material handling: 1. Handle materials to avoid bending, tearing, or damage during transportation and installation. 2. Material handling equipment shall be selected and operated so as not to damage existing construction or applied roofing. Do not operate or situate material handling equipment in locations that will hinder smooth flow of vehicular or ped_estrian traffic. 1.04 SITE CONDITIONS A. Field measurements and material quantities: 4720 Faraday Center Roof Replacement 075510-3 REHABILITATION OF BUil T UP ROOFING Nov. 19, 2019 Item #7 Page 225 of 250 1. Contractor shall have SOLE responsibility for accuracy of all measurements, estimates of material quantities and sizes, and site conditions that affect work B. Existing conditions: 1. Building space directly under roof area covered by this specification will be utilized by ongoing operations. Do not interrupt City operations unless prior written approval is received from the City. a. Use care to prevent generation of unnecessary noise and keep noise levels to the minimum possible. When ordered by the City, immediately discontinue such methods that produce noise disruptive or harmful to Facility functions and occupants, and employ unobjectionable methods. Equip. air compressors, tractors, cranes, hoists, vehicles, and other internal combustion engine equipment with "residential" grade mufflers, and muffle the unloading cycle of compressors. Limit use of impact tools to times and locations as approved. Remove from the site any equipment producing objectionable noise as determined by City. C. Safety requirements: 1 . All application, material handling, and associated equipment shall conform to and be operated in conformance with OSHA safety requirements. 2. Comply with federal, state, local, and City fire and safety requirements. 3. Advise the City whenever work is expected to be hazardous to any persons of the City community, employees, and/or operators. 4. Maintain a crewman as a floor area guard whenever roof decking is being repaired or replaced. D. Waste disposal: 1. Do not re-use, re-cycle or dispose of material manufacturers product containers except in accordance with all applicable regulations. The user of manufactured products is responsible for proper use and disposal of product containers E. Environmental requirements: 1. Do not work in rain, or in presence of water. F. Security requirements: 1. Comply with City security requirements. 2. Provide City with current list of persons on the job site. 1.05 PAYMENT SECURITY A. Progress payments: 1. Contractor shall establish with the City procedures for progress payments, retainages, and final payment prior to commencement of work on this project. 2. Partial or progress payments shall not relieve Contractor of performance obligations under this contract, nor shall such payments be viewed as approval or acceptance of work performed. 3. Final payment shall be withheld until all provisions of the specifications are met. 1.06 WARRANTY/GUARANTEE A. Guarantee 1. Upon project completion and City acceptance, effective upon complete payment, Contractor shall issue the City a guarantee against defective workmanship and materials for a period of two (2) years. B. Warranty 1. Upon project completion, Manufacturer acceptance, and once complete payment has been received, by both Contractor and Manufacturer, Manufacturer shall deliver to the City a 4720 Faraday Center Roof Replacement 075510-4 REHABILITATION OF BUILT UP ROOFING Nov. 19, 2019 Item #7 Page 226 of 250 twenty (20) year manufacturer Roofing System Quality Assurance Warranty. Manufacturer will perform special inspections at year 2, year 5, year 10 and year 15 of the warranty period. 2. Roofing System Quality Assurance Warranty requirements: a. Warranty Coverage is for Labor and Material and Includes: 1.) The Roof Membrane. 2.) The Flashings. 3.) Edge components 4.) Metal Components 5.) Warranty/Maintenance Service (At Year's 2, 5, 10 & 15) Housekeeping and minor maintenance including removal of debris from roof membranes and cleaning of drain areas. 3. Maintain Online Database: Manufacturer to maintain online database of completed roof with roof system data including CAD drawing of roof and photos to provide historical data for roof. Inspection data to be updated with photos/ reports after each inspection. City shall be provided full access to online report and updates. 4. Warranty shall be an entire system warranty and include roof insulation, membrane, surfacing, flashing, and sheet metal terminations. At the end of twenty (20) years, warranty may be renewed in five (5)-year increments following manufacturer's standard warranty renewal process. PART 2 -PRODUCTS 2.01 GENERAL A. Comply with quality control, references, specifications, and manufacturer's data. Products containing asbestos are prohibited on this project. Use only asbestos-free products. B. Use all products with appropriate personal protection. User must read container label and material safety data sheets prior to use. C. Referenced eco-friendly Rooffec system is the basis of design for roof cleaning/ roof preparation. Traditional power washing is not an approved method. D. Referenced materials from Tremco Alphaguard Bio System provided for minimum standard of utility. Single component urethanes will not be considered. E. Water based systems will not be considered. a. Total cured (dry) system thickness: (base coat and top coat): Minimum 96 mils. B. Requests for or "equal" products must include the following and be submitted to the City no later than 48 hours after the pre-bid meeting. City will notify contractors of any approved equals no less than 3 days before bid date. C. Specific product name and manufacturer as well as product literature demonstrating how this product meets or exceeds the mil thickness requirement and meets the performance requirements of the specifications. D. Product Data Sheets I. Safety Data Sheets J. Copy of manufacturer's actual warranty K. Submit name and product literature of proposed roof cleaning system and comparison to environmental and performance requirements of specified method. Including but not limited to 4720 Faraday Center Roof Replacement 075510-5 REHABILITATION OF BUil T UP ROOFING Nov. 19, 2019 Item #7 Page 227 of 250 reduced water usage, non-detergent, Ecologo certified cleaner, and proper recapture, filtering and disposal of runoff. L. Provide project specific letter, on the applicable roofing manufacturer's letterhead that states specific roof cleaning system is approved by manufacturer and meets performance requirements of specifications. M. Provide samples of proposed system including wet samples (1 pint and third-party Roofing Installation Inspector minimum) of each fluid applied component and a 12" x 12" cured sample of proposed system. 2.02 ROOFING MATERIALS A. Adhesive: Rock-It WB Title 24 Surfacing Adhesive by Tremco Inc. or approved equal. 1. voe limit: 50 g/L or SCAQMD and Building Code Requirements, whichever is more restrictive. 2. White, highly reflective, asbestos-free, poly-meric low volatile, extreme low odor, surfacing adhesive. B. Primers: Tremco or approved equal. C. Metal: Alphaguard M Prime by Tremco or approved equal. 1. Cured coating: Geoguard Primer by Tremco or approved equal. 2. Base Coat: Tremco or approved equal. Two-part, bio-based, low odor polyurethane coating. 3. Bio-Based Content: Not less than 20 percent. a. Volatile Organic Compounds (VOC), maximum ASTM D 3960 6g/L b. Percent Solids, by weight, minimum ASTM D1644: 100 percent. c. Percent Solids, by volume minimum ASTM D 2697: 100 percent. d. Water Vapor Transmission, ASTM E96 (system) 0.19 perms. D. Reinforcing Membrane: Permafab polyester membrane by Tremco or approved equal. E. Top Coat: 1. Alphaguard Bio Top Coat by Tremco or approved equal. Two-part, bio-based, low odor polyurethane coating. Bio-Based Content: Not less than 20 percent. 2. Volatile Organic Compounds (VOC), maximum ASTM D 3960 6g/L 3. Percent Solids, by weight, minimum ASTM D1644: 100 percent. 4. Percent Solids, by volume minimum ASTM D 2697: 100 percent. a. E. Water Vapor Transmission, ASTM E96 (system) 0.19 perms. b. F. Tensile Strength ASTM D412 (system) 1,400 lb/in2 c. H. Solar Reflectance Index (SRI} (White), ASTM E 1980: Not less than 104 F. Reflective Coating: Base Flashing/Exposed Mastic: Solarguard 6083 Coating or equal. G. Vinyl-Coated, Fiberglass Mesh: ELS Mastic or approved equal. H. Repair Mastic: ELS Mastic or approved equal. I. Aggregate (non-skid): 20-40 mesh silica sand. 1. Build up low areas: Mixture Alphaguard Bio Base coat and #2/16 Cemex Lapis Lustre Sand or approved equal. See Drawing Sheet A4. 2. Sealant -perimeter counterflashing: Tremseal D or approved equal. 3. Sight screen lags -Solarguard acrylic seam sealer or approved equal. 4. Parapet wall coating system: Solarguard Masonry Primer and Solarguard Hy-Build 4720 Faraday Center Roof Replacement 07 5510 - 6 REHABILITATION OF BUil T UP ROOFING Nov. 19, 2019 Item #7 Page 228 of 250 Coating or approved equal. 5. Butyl Tape: TF Tape by Tremco or approved equal. 6. Service line support blocks: Durablock or approved equal. 2.03 METAL FLASHINGS A. Edge flashing -Install new 24 gage Kynar surface mounted metal counterflashing with hemmed drip edge at perimeter parapet wall detail. B. Install 24 gage galvanized skirt metal at AC units/ curbs with hemmed drip edge. C. Work shall be in accordance with Architectural Sheet Metal Manual, as issued by Sheet Metal and Air Conditioning Contractor's National Association, Inc. (SMACNA). D. See Division 07 6000 Flashing and Sheet Metal and Division 07 6200 Sheet Metal Flashing and Trim. 2.04 ROOF PREPARATION A. Rooffec by Tremco or approved equal. 1. Water usage: 60% less than power washing. 2. Cleaner: UL ECOLOGO Certified, detergent free. 3. 100% water recapture for filtering/ proper disposal. 4. Power Head: 2500 RPM 5. Pressure: 2000 PSI 6. Temperature: 120 degrees F PART 3 -EXECUTION 3.01 EXAMINATION A. Verify conditions as satisfactory to receive work. B. Do not begin roofing until all unsatisfactory conditions are corrected. Beginning work constitutes acceptance of conditions. C. Verify that work of other trades penetrating roof deck or requiring men and equipment to traverse roof deck has been approved by the City, manufacturer, and roofing contractor. D. Check projections, curbs, and deck for inadequate anchorage, foreign material, moisture or unevenness that would prevent quality and execution of new roofing system. 3.02 GENERAL WORKMANSHIP A. Substrate shall be free of foreign particles prior to laying roof membrane. B. Phased application is not permitted. All plies shall be completed each day. C. Traffic and equipment shall be kept off completed plies until adhesive has set. D. Wrapper and packaging materials shall not be included in roofing system. E. Fit plies into roof drain rims; install lead flashing and finishing plies; secure clamping collars; and install domes. F. Extend roofing membrane to top edge of cant at wall and projection bases. 4720 Faraday Center Roof Replacement 07 5510 - 7 REHABILITATION OF BUILT UP ROOFING Nov. 19, 2019 Item #7 Page 229 of 250 G. Cut out fishmouths at side laps which are not completely sealed and patch. Replace all sheets which are not fully and continuously bonded. H. Store all materials prior to application at temperatures between 60 and 80 deg F. I. Apply coatings within range of ambient and substrate temperatures recommended by manufacturer, do not apply materials when air temperature is below 50 or above 110 deg F. Do not apply in snow, rain, fog or mist. 3.03 PREPARATION A. Protection: 1. Contractor shall be responsible for protection of property during course of work. Lawns, shrubbery, pavement areas, and buildings shall be protected from damage. Repair damage at no extra cost to the City. 2. Prior to commencing removal of debris, provide at the site, a dumpster or dump truck to be located adjacent to building as directed by the City. 3. Roofing, flashings, membrane repairs, and installation shall be installed and sealed in a watertight manner on same day of installation or before arrival of inclement weather. 4. At start of each work day, drains within daily work area shall be plugged. Plugs to be removed at end of each work day or before arrival of inclement weather. 5. Preparation work shall be limited to those areas that can be covered with installed roofing material on same day and before arrival of inclement weather. 6. Arrange work sequence to avoid use of newly constructed roofing for storage, walking surface, and equipment movement. Move equipment and ground storage areas as work progresses. 7. Protect building surfaces at set-up areas with tarpaulin. Secure tarpaulin. Remove dumpster from premises when full and empty at approved dumping or refuse area. Deliver empty dumpster to site for further use. Upon job completion, dumpster shall be removed from premises. Spilled or scattered debris shall be cleaned up immediately. Removed material to be disposed from roof as it accumulates. 8. Provide and install charcoal pre-filters at all fresh air intakes, properly secure per owner requirements when working in close proximity to fresh air intakes. Filters must be maintained and changed on a regular basis for the duration of the project. 3.04 SURFACE PREPARATION: A. Thoroughly clean roof with RoofTec cleaning system including proper recapturing/ filtering and disposal of all runoff. No runoff may enter storm drains. B. Verify that existing roofing membrane is free of blisters, loose coating, splits, open laps, indications of shrinkage, and puncture damage. Commencing application of fluid-applied re- coating membrane indicates acceptance of surfaces and conditions. C. Verify adhesion of new coating system with test patch before commencement of work. D. Maintain roof drains in functioning condition to ensure roof drainage at end of each workday. E. Install leveling coat in designated low areas as shown on Sheet A4, assume 2 feet beyond ovals shown, to raise flush with surrounding roof/ provide positive slope to drain, trowel apply mixture of Alphaguard base coat and #2/16 aggregate. Roof manufacturer shall approve completed leveling coat areas before any additional coating work is installed. 3.05 FLASHINGS/ FIELD MEMBRANE A. General flashing requirements: 4720 Faraday Center Roof Replacement 075510-8 REHABILITATION OF BUil T UP ROOFING Nov. 19, 2019 Item #7 Page 230 of 250 1. Complete primer, base coat, fabric reinforcement and top coat at all parapets, curbs, penetrations and drains prior to application in field of fluid-applied membrane. Apply in accordance with manufacturer's warranty detail requirements. 2. Extend coating to cover all flashing surfaces and a minimum of 4 inches onto horizontal surfaces. 3. Back roll to achieve minimum wet mil thickness of 48 mils of base coat on flashing's unless otherwise recommended by manufacturer; verify thickness of base coat as work progresses. 4. Embed fabric reinforcement into wet base coat, lap adjacent flashing pieces of fabric 3 inches along edges and 6 inches at end laps. 5. Roll surface of fabric reinforcing to completely embed and saturate fabric. Leave finished base coat with fabric free of pine holes, voids, or openings. 6. Roof drains: Install base coat onto surrounding membrane surface and metal drain bowl flange. Install target piece of fabric reinforcement immediately into wet base coat and roll to fully embed and saturate fabric. Reinstall clamping ring and strainer following application of top coat. Replace any broken drain rings or clamping bolts. 7. FIELD MEMBRANE a. Install detail coat of base coat at all side and end laps. b. Install 1 layer polyester reinforcing membrane (6" wide) set in Alphaguard bio base coat installed at 3 gallons per square over designated ridges in roof membrane. (650 lineal feet) broom membrane into place and top coat with another 3 gallons per square of base coat. c. Install base coat at 4 gallons square (64 wet mils) back roll to achieve wet mil coating thickness. d. Embed fabric reinforcement into wet base coat. Lap adjacent pieces of fabric minimum 3 inches along edges and 6 inches at end laps. e. Roll surface of fabric reinforcing to completely embed and saturate fabric. Leave finished base coat with fabric free of pin holes, voids, or openings. f. Allow base coat to cure prior to application of top coat. g. Apply top coat to field of membrane and flashings uniformly in a complete, continuous application at a rate of 2 gallons per square (32 wet mils). (Note: base coat must be re- primed before install of top coat if exposed more than 72 hours) h. Avoid foot traffic on new fluid-applied membrane for a minimum of 24 hours. 8. WALKWAY/ NON-SKID a. Mask walkway location with tape. b. Apply additional layer of top coat @ 1.5 gallon per square, back roll, broadcast 20-30 lbs per 100 square feet of slip resistant top coat aggregate in wet top coat. Back roll sand and top coat creating even dispersal of sand. Remove masking immediately. Bid shall include 600 lineal feet of Non-skid walkway surface 3' wide in owner designated areas. 9. SIGHT SCREEN SUPPORTS a. Clean existing trays of any loose paint/ coating, remove sealant/ mastic from lag supports, prime and reseal with Solaguard acrylic seam sealer. 10. SKYLIGHTS a. Remove and replace existing skylights with new specified curb mounted skylights per Section 086200 Unit Skylights. Use appropriate fall protection at all times and schedule skylight replacement during hours approved by City. 11. PERIMETER PARAPET WALL a. Remove and replace perimeter counterflashing metal with new 24 gage Kynar surface mounted counterflashing set in TF tape and use appropriate fasteners 12" on center, seal top of counterflashing with Tremseal D, tool sealant to provide complete and continuous seal. Coat inside and top of parapet wall with Solarguard masonry primer and 2 coats of Solarguard hy-build coating at manufacturer's required coverage rates. 3.06 ADJUSTING AND CLEANING A. Repair of deficiencies: 4720 Faraday Center Roof Replacement 075510-9 REHABILITATION OF BUILT UP ROOFING Nov. 19, 2019 Item #7 Page 231 of 250 1. Installations of details noted as deficient during final inspection must be repaired and corrected by applicator and made ready for re-inspection within five (5) working days. B. Clean-up: 1. Immediately upon completion, roof membrane and flashing surfaces shall be cleaned of debris, whether or not the result of construction activities. 2. Clean gutters and downspouts of debris, whether or not the result of construction activities. 3. Vacuum / sweep loose and remove excessive aggregate in walkway areas. 3.07 INSPECTION A. The Contractor shall retain a full time third-party roofing system inspection service from a mutually agreed firm. The third-party roofing system inspection firm (different from the manufacturer) and/or subcontractor shall provide at a minimum, weekly quality assurance work roof inspections. END OF SECTION 4720 Faraday Center Roof Replacement 07 5510 -10 REHABILITATION OF BUil T UP ROOFING Nov. 19, 2019 Item #7 Page 232 of 250 PART 1 -GENERAL 1.01 SUMMARY SECTION 07 6000 FLASHING AND SHEET METAL A. This Section includes the following: 1 . Metal counterflashing and base flashing. 2. Metal wall flashing and expansion joints. 3. Built-in metal valley, gutters, and scuppers. 4. Gutters and downspouts. 5. Exposed metal trim/fascia units. 6. Miscellaneous sheet metal accessories. 7. Laminated and composition flashing. 8. Elastic flashing. 9. Sheet metal ducts. B. Roofing accessories installed integral with roofing membrane are specified in this section and installed in coordination with roofing work. 1.02 PROJECT CONDITIONS A. Coordinate work of this section with interfacing and adjoining work for proper sequencing of each installation. Ensure best possible weather resistance and durability of work and protection of materials and finishes. PART 2-PRODUCTS 2.01 SHEET METAL FLASHING AND TRIM MATERIALS A. Galvanized Steel: Commercial quality 24 gage. B. Lead: ASTM B 749, Type L51121, copper-bearing sheet lead, minimum 4 lbs./sq. ft. (0.0625- inch thick) except not less than 6 lbs/sq. ft. (0.0937-inch thick) for burning (welding) unless otherwise indicated. 2.02 MISCELLANEOUS COMPONENTS A. Fasteners: Same metal as flashing/sheet metal or other non-corrosive metal as recommended by sheet manufacturer. Match finish of exposed heads with material being fastened. B. Bituminous Coating: SSPC -Paint 12, solvent-type bituminous mastic, nominally free of sulfur, compounded for 15-mil dry film thickness per coat. C. Elastomeric Sealant: Generic type recommended by manufacturer of metal and fabricator of components being sealed and complying with requirements for joint sealants indicated. D. Adhesives: Type recommended by flashing sheet manufacturer for waterproof/weather- resistant seaming and adhesive application of flashing sheet. E. Paper Slip Sheet: 5-lb. rosin-sized building paper. F. Polyethylene Underlayment: Minimum 6-mil carbonated polyethylene film resistant to decay when tested in accordance with ASTM E 154. · 4720 Faraday Center Roof Replacement 07 6000 - 1 FLASHING AND SHEET METAL Nov. 19, 2019 Item #7 Page 233 of 250 G. Metal Accessories: Provide sheet metal clips, straps, anchoring devices, and similar accessory units as required for installation of work, matching or compatible with material being installed, non-corrosive, size and gauge required for performance. H. Elastic Flashing Filler: Closed-cell polyethylene or other soft closed-cell material recommended by elastic flashing manufacturer as filler under flashing loops to ensure movement with minimum stress on flashing sheet. I. Roofing Cement: ASTM D 2822, asphaltic. 2.03 FABRICATED UNITS A. General Metal Fabrication: Shop-fabricate work to greatest extent possible. Comply with details shown and with applicable requirements of SMACNA "Architectural Sheet Metal Manual" and other recognized industry practices. Fabricate for waterproof and weather-resistant performance, with expansion provisions for running work, sufficient to permanently prevent leakage, damage, or deterioration of the work. Form work to fit substrates. Comply with material manufacturer instructions and recommendations for forming material. Form exposed sheet metal work without excessive oil-canning, buckling, and tool marks, true to line and levels indicated, with exposed edges folded back to form hems. B. Seams: Fabricate non-moving seams in sheet metal with flat-lock seams. For metal other than aluminum, tin edges to be seamed, form seams, and solder. Form aluminum seams with epoxy seam sealer; rivet joints for additional strength where required. C. Expansion Provisions: Where lapped or bayonet-type expansion provisions in work cannot be used or would not be sufficiently water/weatherproof, form expansion joints of intermeshing hooked flanges, not less than 1 inch deep, filled with mastic sealant (concealed within joints). D. Sealant Joints: Where movable, non-expansion type joints are indicated or required for proper performance of work, form metal to provide for proper installation of elastomeric sealant, in compliance with SMACNA standards. E. Separations: Provide for separation of metal from non-compatible metal or corrosive substrates by coating concealed surfaces at locations of contact, with bituminous coating or other permanent separation as recommended by manufacturer/fabricator. F. Shop Finish, Rain Drainage: Remove oil and debris from all copper rain drainage units (gutters, downspouts, and similar exposed units); clean as needed to provide installation of uniform, clean, shiny, and neat appearance. PART 3 -EXECUTION 3.01 INSTALLATION REQUIREMENTS A. General: Except as otherwise indicated, comply with manufacturer's installation instructions and recommendations and with SMACNA "Architectural Sheet Metal Manual." Anchor units of work securely in place by methods indicated, providing for thermal expansion of metal units; conceal fasteners where possible, and set units true to line and level as indicated. Install work with laps, joints, and seams that will be permanently watertight and weatherproof. 3.02 CLEANING AND PROTECTION A. Clean exposed metal surfaces, removing substances that might cause corrosion of metal or deterioration of finishes. 4720 Faraday Center Roof Replacement END OF SECTION 07 6000 - 2 FLASHING AND SHEET METAL Nov. 19, 2019 Item #7 Page 234 of 250 SECTION 07 6200 SHEET METAL FLASHING AND TRIM PART 1 -GENERAL 1.01 RELATED DOCUMENTS 1.02 SUMMARY A. Section Includes: A. Sheet metal flashing B. Manufactured reglets with counterflashing. 1.03 COORDINATION A. Coordinate sheet metal flashing and trim layout and seams with sizes and locations of penetrations to be flashed, and joints and seams in adjacent materials. B. Coordinate sheet metal flashing and trim installation with adjoining roofing and wall materials, joints, and seams to provide leakproof, secure, and noncorrosive installation. 1.04 PREINSTALLATION MEETINGS A. Pre-installation Conference: Conduct conference at Project site and coordinate with roofing pre-installation meeting. 1. Review construction schedule. Verify availability of materials, Installer's personnel, equipment, and facilities needed to make progress and avoid delays. 2. Review special roof details, roof drainage, roof-penetration flashing, equipment curbs, and conditions of other construction that affect sheet metal flashing and trim. 3. Review requirements for insurance and certificates if applicable. 4. Review sheet metal flashing observation and repair procedures after flashing installation. 1.05 ACTION SUBMITTALS A. Product Data: For each type of product. 1. Include construction details, material descriptions, dimensions of individual components and profiles, and finishes for each manufactured product and accessory. B. Shop Drawings: For sheet metal flashing and trim. 1. Include plans, elevations, sections, and attachment details. 2. Detail fabrication and installation layouts, expansion-joint locations, and keyed details. Distinguish between shop-and field-assembled work. 3. Include identification of material, thickness, weight, and finish for each item and location in Project. 4. Include details for forming, including profiles, shapes, seams, and dimensions. 5. Include details for joining, supporting, and securing, including layout and spacing of fasteners, cleats, clips, and other attachments. Include pattern of seams. 6. Include details of termination points and assemblies. 7. Include details of roof-penetration flashing. 8. Include details of special conditions. 9. Include details of connections to adjoining work. 10. Detail formed flashing and trim at scale of not less than 3 inches per 12 inches. 1.06 INFORMATIONAL SUBMITTALS A. Qualification Data: For fabricator. 4720 Faraday Center Roof Replacement 07 6200 - 1 SHEET METAL FLASHING AND TRIM Nov. 19, 2019 Item #7 Page 235 of 250 8. Product Test Reports: For each product, for tests performed by a qualified testing agency. C. Sample Warranty: For special warranty. 1.07 CLOSEOUT SUBMITTALS A. Maintenance Data: For sheet metal flashing and trim and its accessories, to include in maintenance manuals. 1.08 QUALITY ASSURANCE A. Fabricator Qualifications: Employs skilled workers who custom fabricate sheet metal flashing and trim similar to that required for this Project and whose products have a record of successful in-service performance. 1.09 DELIVERY, STORAGE, AND HANDLING A. Do not store sheet metal flashing and trim materials in contact with other materials that might cause staining, denting, or other surface damage. Store sheet metal flashing and trim materials away from uncured concrete and masonry. 8. Protect strippable protective covering on sheet metal flashing and trim from exposure to sunlight and high humidity, except to extent necessary for period of sheet metal flashing and trim installation. PART 2 -PRODUCTS 2.01 PERFORMANCE REQUIREMENTS A. General: Sheet metal flashing and trim assemblies shall withstand wind loads, structural movement, thermally induced movement, and exposure to weather without failure due to defective manufacture, fabrication, installation, or other defects in construction. Completed sheet metal flashing and trim shall not rattle, leak, or loosen, and shall remain watertight. B. Sheet Metal Standard for Flashing and Trim: Comply with NRCA's "The NRCA Roofing Manual" and SMACNA's "Architectural Sheet Metal Manual" requirements for dimensions and profiles shown unless more stringent requirements are indicated. C. Thermal Movements: Allow for thermal movements from ambient and surface temperature changes to prevent buckling, opening of joints, overstressing of components, failure of joint sealants, failure of connections, and other detrimental effects. Base calculations on surface temperatures of materials due to both solar heat gain and nighttime-sky heat loss. 1. Temperature Change: 120 deg F, ambient; 180 deg F, material surfaces. 2.02 SHEET METALS A. General: Protect mechanical and other finishes on exposed surfaces from damage by applying strippable, temporary protective film before shipping. 8. Metallic-Coated Steel Sheet: Provide zinc-coated (galvanized) steel sheet according to ASTM A 653/A 653M, G90 coating designation; pre-painted by coil-coating process to comply with ASTM A 755/A 755M. 1. Surface: Factory finish white or primed and painted white glossy for metal for visible sheet metal flashing. Follow paint manufacturer's instructions for exterior paint for metal substrate. 4720 Faraday Center Roof Replacement 07 6200 - 2 SHEET METAL FLASHING AND TRIM Nov. 19, 2019 Item #7 Page 236 of 250 2.03 UNDERLAYMENT MATERIALS A. Felt: ASTM D 226/D 226M, Type II (No. 30), asphalt-saturated organic felt; nonperforated. B. Self-Adhering, High-Temperature Sheet: Minimum 30 mils thick, consisting of a slip- resistant polyethylene-or polypropylene-film top surface laminated to a layer of butyl-or SBS-modified asphalt adhesive, with release-paper backing; specifically designed to withstand high metal temperatures beneath metal roofing. Provide primer according to written recommendations of underlayment manufacturer. 1. Products <http://www.specagent.com/LookUp/?ulid=5148&mf=04&src=wd>: Subject to compliance with requirements, available products that may be incorporated into the Work include, but are not limited to, the following: 2. Tremco <http://www.specagent.com/LookUp/?uid= 123456801048&mf=04&src=wd>; ExoAir HTF or equal. Thermal Stability: ASTM D 1970; stable after testing at 240 deg F or higher. 3. Low-Temperature Flexibility: ASTM D 1970; passes after testing at minus 20 deg F or lower. C. Slip Sheet: Rosin-sized building paper, 3 lbs/100 sq. ft. minimum. 2.04 MISCELLANEOUS MATERIALS A. General: Provide materials and types of fasteners, solder, protective coatings, sealants, and other miscellaneous items as required for complete sheet metal flashing and trim installation and as recommended by manufacturer of primary sheet metal or manufactured item unless otherwise indicated. B. Fasteners: Wood screws, annular threaded nails, self-tapping screws, self-locking rivets and bolts, and other suitable fasteners designed to withstand design loads and recommended by manufacturer of primary sheet metal or manufactured item. 1. General: Blind fasteners or self-drilling screws, gasketed, with hex-washer head. a. Exposed Fasteners: Heads matching color of sheet metal using plastic caps or factory-applied coating. Provide metal-backed EPDM or PVC sealing washers under heads of exposed fasteners bearing on weather side of metal. b. Blind Fasteners: High-strength aluminum or stainless-steel rivets suitable for metal being fastened. c. Spikes and Ferrules: Same material as gutter; with spike with ferrule matching internal gutter width. 2. Fasteners for Zinc-Coated (Galvanized) Steel Sheet: Series 300 stainless steel or hot-dip galvanized steel according to ASTM A 153/A 153M or ASTM F 2329. C. Solder: 1. For Zinc-Coated (Galvanized) Steel: ASTM B 32, Grade Sn50, 50 percent tin and 50 percent lead or Grade Sn60, 60 percent tin and 40 percent lead with maximum lead content of 0.2 percent. D. Sealant Tape: Pressure-sensitive, 100 percent solids, polyisobutylene compound sealant tape with release-paper backing. Provide permanently elastic, nonsag, nontoxic, nonstaining tape 1/2-inch-wide and 1/8 inch thick. E. Elastomeric Sealant: ASTM C 920, elastomeric polyurethane polymer sealant; of type, grade, class, and use classifications required to seal joints in sheet metal flashing and trim and remain watertight. F. Butyl Sealant: ASTM C 1311, single-component, solvent-release butyl rubber sealant; polyisobutylene plasticized; heavy bodied for hooked-type expansion joints with limited movement. 4720 Faraday Center Roof Replacement 07 6200 - 3 SHEET METAL FLASHING AND TRIM Nov. 19, 2019 Item #7 Page 237 of 250 G. Bituminous Coating: Cold-applied asphalt emulsion according to ASTM D 1187. H. Asphalt Roofing Cement: ASTM D 4586, asbestos free, of consistency required for application. I. Foam Tape: PVC closed cell foam tape, 3/4-inch-wide minimum, 1/2-inch-thick minimum. 2.05 MANUFACTURED SHEET METAL FLASHING AND TRIM A. If reglets need to be replaced: Reglets: Units of type, material, and profile required, formed to provide secure interlocking of separate reglet and counterflashing pieces, and compatible with flashing indicated with factory-mitered and -welded corners and junctions and with interlocking counterflashing on exterior face, of same metal as reglet. Match same manufacturer as existing condition. 2.06 FABRICATION, GENERAL A. General: Custom fabricate sheet metal flashing and trim to comply with details shown and recommendations in cited sheet metal standard that apply to design, dimensions, geometry, metal thickness, and other characteristics of item required. Fabricate sheet metal flashing and trim in shop to greatest extent possible. 1. Fabricate sheet metal flashing and trim in thickness or weight needed to comply with performance requirements, but not less than that specified for each application and metal. 2. Obtain field measurements for accurate fit before shop fabrication. 3. Form sheet metal flashing and trim to fit substrates without excessive oil canning, buckling, and tool marks; true to line, levels, and slopes; and with exposed edges folded back to form hems. 4. Conceal fasteners and expansion provisions where possible. Do not use exposed fasteners on faces exposed to view. B. Expansion Provisions: Form metal for thermal expansion of exposed flashing and trim. 1. Use lapped expansion joints only where indicated on Drawings. C. Sealant Joints: Where movable, nonexpansion-type joints are required, form metal to provide for proper installation of elastomeric sealant according to cited sheet metal standard. D. Fabricate cleats and attachment devices from same material as accessory being anchored or from compatible, noncorrosive metal. E. Seams: Fabricate nonmoving seams with flat-lock seams. Form seams and seal with elastomeric sealant unless otherwise recommended by sealant manufacturer for intended use. F. Do not use graphite pencils to mark metal surfaces. 2.07 LOW-SLOPE ROOF SHEET METAL FABRICATIONS A. Counterflashing: Shop fabricate interior and exterior corners. Fabricate from the following materials: 1. Galvanized Steel: 0.022-inch-thick, minimum. B. Equipment Cap: Fully soldered. Fabricate from the following materials: 1. Galvanized Steel: 0.030-inch-thick, minimum. C. Scupper: Fully soldered. Fabricate from the following materials: 1. Galvanized Steel: 0.030-inch-thick, minimum. 4720 Faraday Center Roof Replacement 07 6200 - 4 SHEET METAL FLASHING AND TRIM Nov. 19, 2019 Item #7 Page 238 of 250 PART 3-EXECUTION 3.01 EXAMINATION A. Examine substrates, areas, and conditions, with Installer present, for compliance with requirements for installation tolerances, substrate, and other conditions affecting performance of the Work. 1. Verify compliance with requirements for installation tolerances of substrates. 2. Verify that substrate is sound, dry, smooth, clean, sloped for drainage, and securely anchored. B. Proceed with installation only after inspection and unsatisfactory conditions have been corrected. 3.02 UNDERLAYMENT INSTALLATION A. Felt Underlayment: Install felt underlayment, wrinkle free, using adhesive to minimize use of mechanical fasteners under sheet metal flashing and trim. Apply in shingle fashion to shed water, with lapped joints of not less than 2 inches. 8. Self-Adhering Sheet Underlayment: Install self-adhering sheet underlayment, wrinkle free. Prime substrate if recommended by underlayment manufacturer. Comply with temperature restrictions of underlayment manufacturer for installation; use primer for installing underlayment at low temperatures. Apply in shingle fashion to shed water, with end laps of not less than 6 inches staggered 24 inches between courses. Overlap side edges not less than 3-1/2 inches. Roll laps and edges with roller. Cover underlayment within 14 days. C. Apply slip sheet, wrinkle free, over underlayment before installing sheet metal flashing and trim. 3.03 INSTALLATION, GENERAL A. General: Anchor sheet metal flashing and trim and other components of the Work securely in place, with provisions for thermal and structural movement. Use fasteners, solder, protective coatings, separators, sealants, and other miscellaneous items as required to complete sheet metal flashing and trim system. 1. Install sheet metal flashing and trim true to line, levels, and slopes. Provide uniform, neat seams with minimum exposure of solder, welds, and sealant. 2. Install sheet metal flashing and trim to fit substrates and to result in watertight performance. Verify shapes and dimensions of surfaces to be covered before fabricating sheet metal. 3. Space cleats not more than 12 inches apart. Attach each cleat with at least two fasteners. Bend tabs over fasteners. 4. Install exposed sheet metal flashing and trim without oil canning, and free of buckling and tool marks. 5. Torch cutting of sheet metal flashing and trim is not permitted. 6. Do not use graphite pencils to mark metal surfaces. B. Metal Protection: Where dissimilar metals contact each other, or where metal contacts pressure-treated wood or other corrosive substrates, protect against galvanic action or corrosion by painting contact surfaces with bituminous coating or by other permanent separation as recommended by sheet metal manufacturer or cited sheet metal standard. 1. Underlayment: Where installing sheet metal flashing and trim directly on cementitious or wood substrates, install underlayment and cover with slip sheet. C. Expansion Provisions: Provide for thermal expansion of exposed flashing and trim. Space movement joints at maximum of 10 feet with no joints within 24 inches of corner or intersection. 1. Use lapped expansion joints only where indicated on Drawings. 4720 Faraday Center Roof Replacement 07 6200 - 5 SHEET METAL FLASHING AND TRIM Nov. 19, 2019 Item #7 Page 239 of 250 D. Fasteners: Use fastener sizes that penetrate wood blocking or sheathing not less than 1-1/4 inches for nails and not less than 3/4 inch for wood screws. E. Conceal fasteners and expansion provisions where possible in exposed work and locate to minimize possibility of leakage. Cover and seal fasteners and anchors as required for a tight installation. F. Seal joints as required for watertight construction. 1. Use sealant-filled joints unless otherwise indicated. Embed hooked flanges of joint members not less than 1 inch into sealant. Form joints to completely conceal sealant. When ambient temperature at time of installation is between 40 and 70 deg F, set joint members for 50 percent movement each way. Adjust setting proportionately for installation at higher ambient temperatures. Do not install sealant-type joints at temperatures below 40 deg F. G. Soldered Joints: Clean surfaces to be soldered, removing oils and foreign matter. Pre-tin edges of sheets with solder to width of 1-1 /2 inches; however, reduce pre-tinning where pre~tinned surface would show in completed Work. 1. Do not use torches for soldering. 2. Heat surfaces to receive solder, and flow solder into joint. Fill joint completely. Completely remove flux and spatter from exposed surfaces. H. Rivets: Rivet joints where necessary for strength. 3.04 ROOF FLASHING INSTALLATION A. General: Install sheet metal flashing and trim to comply with performance requirements and cited sheet metal standard. Provide concealed fasteners where possible, and set units true to line, levels, and slopes. Install work with laps, joints, and seams that are permanently watertight and weather resistant. B. Pipe or Post Counterflashing: Install counterflashing umbrella with close-fitting collar with top edge flared for elastomeric sealant, extending minimum of 4 inches over base flashing. Install stainless-steel draw band and tighten. C. Counterflashing: Coordinate installation of counterflashing with installation of base flashing. Insert counterflashing in reglets or receivers and fit tightly to base flashing. Extend counterflashing 4 inches over base flashing. Lap counterflashing joints minimum of 4 inches. Secure in waterproof manner by means of snap-in installation and sealant or lead wedges and sealant, interlocking folded seam or blind rivets and sealant, or anchor and washer at 36-inch centers unless otherwise indicated. D. Roof-Penetration Flashing: Coordinate installation of roof-penetration flashing with installation of roofing and other items penetrating roof. Seal with elastomeric sealant and clamp flashing to pipes where indicated. 3.05 CLEANING AND PROTECTION A. Clean exposed metal surfaces of substances that interfere with uniform oxidation and weathering. B. Clean and neutralize flux materials. Clean off excess solder. C. Clean off excess sealants. D. Remove temporary protective coverings and strippable films as sheet metal flashing and trim are installed unless otherwise indicated in manufacturer's written installation instructions. On 4720 Faraday Center Roof Replacement 07 6200 - 6 SHEET METAL FLASHING AND TRIM Nov. 19, 2019 Item #7 Page 240 of 250 completion of sheet metal flashing and trim installation, remove unused materials and clean finished surfaces as recommended by sheet metal flashing and trim manufacturer. Maintain sheet metal flashing and trim in clean condition during construction. E. Replace sheet metal flashing and trim that have been damaged or that have deteriorated beyond successful repair by finish touchup or similar minor repair procedures. 3.06 WARRANTY A. Manufacturer's Warranty: 1. Written warranty, signed by manufacturer and Installer, including a. Repair or replace waterproofing or sheet flashings that do not comply with requirements; that do not remain watertight; that fail in adhesion, cohesion, or general durability; or that deteriorate in manner not clearly specified by submitted waterproofing manufacturer's data as inherent quality of material for application indicated. b. Removal and reinstallation of protection course, drainage panels, insulation and any materials necessary to repair. Warranty includes replacing materials as necessary. 2. Warranty Period: 10 years after Substantial Completion date. B. Installer's Warranty: 1. Written warranty, signed by Installer, including: a. Repair or replace flashing that do not comply with requirements; that do not remain watertight; that fail in adhesion, cohesion, or general durability; or that deteriorate in manner not clearly specified by submitted waterproofing manufacturer's data as inherent quality of material for application indicated. b. Removal and reinstallation of protection board, drainage panels, and insulation. Warranty includes replacing materials as necessary. c. Repair or replacement, to satisfaction of Owner, of other work or items which may have been displaced or damaged as consequence of defective work. d. Make immediate emergency repairs within 48 hours of notice of leakage. 2. Warranty Period: 2 years after Substantial Completion date. END OF SECTION 4720 Faraday Center Roof Replacement 07 6200 -7 SHEET METAL FLASHING AND TRIM Nov. 19, 2019 Item #7 Page 241 of 250 PART 1 GENERAL 1.01 SECTION INCLUDES A. Curbs. B. Safety rails. SECTION 07 7200 ROOF ACCESSORIES C. Roof penetrations mounting curbs. 1.02 REFERENCE STANDARDS A. 29 CFR 1910.23 -Ladders; current edition. B. ASTM A653/A653M -Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or Zinc- Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process; 2015, with Editorial Revision (2016). 1.03 SUBM ITT ALS A. Product Data: Manufacturer's data sheets on each product to be used. 1. Preparation instructions and recommendations. 2. Storage and handling requirements and recommendations. 3. Installation methods. 4. Maintenance requirements. B. Shop Drawings: Submit detailed layout developed for this project and provide dimensioned location and number for each type of roof accessory. PART 2 PRODUCTS 2.01 ROOF CURBS A. Roof Curbs Mounting Assemblies: Factory fabricated hollow sheet metal construction, internally reinforced, and capable of supporting superimposed live and dead loads and designated equipment load with fully mitered and sealed corner joints welded or mechanically fastened, and integral counterflashing with top and edges formed to shed water. 1. Roof Curb Mounting Substrate: Curb substrate consists of standing seam metal roof panel system. 2. Sheet Metal Material: a. Galvanized Steel: Hot-dip zinc coated steel sheet complying with ASTM A653/A653M, SS Grade 33 (230); G60 (Z180) coating designation; 18 gauge, 0.048 inch (1.21 mm) thick. 3. Fabricate curb bottom and mounting flanges for installation directly on metal roof panel system to match slope and configuration of system. a. Extend side flange to next adjacent roof panel seam and conform to seam configurations and seal connection, providing at least 6-inch (152 mm) clearance between curb and metal roof panel flange allowing water to properly flow past curb. b. Where side of curb aligns with metal roof panel flange, attach fasteners on upper slope of flange to curb connection allowing water to flow past below fasteners, and seal connection. c. Maintain at least 12-inch (305 mm) clearance from curb, and lap upper curb flange on underside of down sloping metal roof panel, and seal connection. d. Lap lower curb flange overtop of down sloping metal roof panel and seal connection. 4720 Faraday Center Roof Replacement 07 7200 - 1 ROOF ACCESSORIES Nov. 19, 2019 Item #7 Page 242 of 250 4. Provide for layouts and configurations as indicated on drawings. 2.02 ROOF HATCHES AND SKYLIGHT OSHA SAFETY RAIL A. OSHA railing for Roof Hatch and skylights mounted at curb: 1. See Section 05 5213 -Pipe and Tube Railings. B. Frames and Curbs: One-piece curb and frame with integral cap flashing to receive roof flashings; extended bottom flange to suit mounting. 1. Insulation: Manufacturer's standard; 1 inch (25 mm) rigid glass fiber, located on outside face of curb. 2. Curb Height: 12 inches (305 mm) from finished surface of roof, minimum. C. Safety Railing System: Manufacturer's standard accessory safety rail system mounted directly to curb. See Section 05 5213 -Pipe and Tube Railings. 1. Comply with 29 CFR 1910.23, with a safety factor of two. D. Hardware: Steel, zinc coated and chromate sealed, unless otherwise indicated or required by manufacturer. 1. Lifting Mechanisms: Compression or torsion spring operator with shock absorbers that automatically opens upon release of latch; capable of lifting covers despite 10 psf (475 kPa) load. 2. Hinges: Heavy duty pintle type. 3. Hold open arm with vinyl-coated handle for manual release. 4. Latch: Upon closing, engage latch automatically and reset manual release. 5. Manual Release: Pull handle on interior. 6. Locking: Padlock hasp on interior. PART 3 EXECUTION 3.01 EXAMINATION A. Do not begin installation until substrates have been properly prepared. Mechanical Contractor must approve curbs and pads for mechanical equipment. B. If substrate preparation is the responsibility of another installer, notify Architect of unsatisfactory preparation before proceeding. 3.02 INSTALLATION A. Install in accordance with manufacturer's instructions, in manner that maintains roofing system weather-tight integrity. END OF SECTION 4720 Faraday Center Roof Replacement 07 7200 - 2 ROOF ACCESSORIES Nov. 19, 2019 Item #7 Page 243 of 250 PART 1 GENERAL 1.01 SECTION INCLUDES A. Nonsag gunnable joint sealants. SECTION 07 9200 JOINT SEALANTS B. Self-leveling pourable joint sealants. C. Joint backings and accessories. 1.02 REFERENCE STANDARDS A. ASTM C661 -Standard Test Method for Indentation Hardness of Elastomeric-Type Sealants by Means of a Durometer; 2015. B. ASTM C920 -Standard Specification for Elastomeric Joint Sealants; 2018. C. ASTM C1193 -Standard Guide for Use of Joint Sealants; 2016. D. ASTM C1521 -Standard Practice for Evaluating Adhesion of Installed Weatherproofing Sealant Joints; 2013. E. ASTM D412 -Standard Test Methods for Vulcanized Rubber and Thermoplastic Elastomers- Tension; 2016. F. SCAQMD 1168 -South Coast Air Quality Management District Rule No.1168; current edition. 1.03 SUBMITTALS A. Product Data for Sealants: Submit manufacturer's technical data sheets for each product to Be used, that includes the following. 1. Physical characteristics, including movement capability, VOC content, hardness, cure time, and color availability. 2. List of backing materials approved for use with the specific product. 3. Substrates that product is known to satisfactorily adhere to and with which it is compatible. 4. Substrates the product should not be used on. B. Field Quality Control Plan: Submit at least two weeks prior to start of installation. C. Installation Log: Submit filled out log for each length or instance of sealant installed. 1.04 QUALITY ASSURANCE A. Manufacturer Qualifications: Company specializing in manufacturing the products specified in this section with minimum three years documented experience. B. Installer Qualifications: Company specializing in performing the work of this section and with at least three years of documented experience. C. Testing Agency Qualifications: Independent firm specializing in performing testing and inspections of the type specified in this section. D. Field Quality Control Plan: 4720 Faraday Center Roof Replacement 07 9200 - 1 JOINT SEALANTS Nov. 19, 2019 Item #7 Page 244 of 250 1. Field testing agency's qualifications. 2. Field Quality Control Log Form: Show same data fields as on Pre-installation Field Adhesion Test Log, with known information filled out and lines for multiple tests per sealant/substrate combinations; include visual inspection and specified field testing; allow for possibility that more tests than minimum specified may be necessary. 1.05 WARRANTY A. Correct defective work within a five-year period after Date of Substantial Completion. B. Warranty: Include coverage for installed sealants and accessories that fail to achieve watertight seal, exhibit loss of adhesion or cohesion, or do not cure. PART 2 PRODUCTS 2.01 MANUFACTURERS A. Non-Sag Sealants: Permits application in joints on vertical surfaces without sagging or slumping. 1. Bostik Inc: www.bostik-us.com. 2. Fortifiber Building Systems Group: www.fortifiber.com/#sle. 3. Hilti, Inc: www.us.hilti.com/#sle. 4. Sika Corporation: www.usa-sika.com/#sle. 5. Tremco Commercial Sealants & Waterproofing: www.tremcosealants.com/#sle. 2.02 JOINT SEALANT APPLICATIONS A. Scope: 1. Exterior Joints: Seal open joints, whether or not the joint is indicated on drawings, unless specifically indicated not to be sealed. Exterior joints to be sealed include, but are not limited to, the following items: a. Wall expansion and-control joints. b. Joints between door, window, and other frames and adjacent construction. c. Joints between different exposed materials. d. Openings below ledge angles in masonry. e. Other joints indicated below. 2. Interior Joints: Do not seal interior joints unless specifically indicated to be sealed. Interior joints to be sealed include, but are not limited to, the following items. a. Joints between door, window, and other frames and adjacent construction. b. Other joints indicated below. 3. Do not seal the following types of joints: a. Intentional weepholes in masonry. b. Joints indicated to be treated with manufactured expansion joint cover or some other type of sealing device. c. Joints where sealant is specified to be provided by manufacturer of product to be sealed. d. Joints where installation of sealant is specified in another section. e. Joints between suspended panel ceilings/grid and walls. 4. Type 1 -Exterior Joints: Use non-sag non-staining silicone sealant, unless otherwise indicated. 2.03 JOINT SEALANTS -GENERAL A. Sealants and Primers: Provide products having lower volatile organic compound (VOC) content than indicated in SCAQMD 1168. 4720 Faraday Center Roof Replacement 07 9200 - 2 JOINT SEALANTS Nov. 19, 2019 Item #7 Page 245 of 250 2.04 NONSAG JOINT SEALANTS A. Type 1 -Non-Staining Silicone Sealant: ASTM C920, Grade NS, Uses M and A; not expected to withstand continuous water immersion or traffic. 1. Dirt Pick-Up: Reduced dirt pick-up compared to other silicone sealants. 2. Hardness Range: 15 to 35, Shore A, when tested in accordance with ASTM C661. 3. Color: Match adjacent finished surfaces. 4. Manufacturers: a. Tremco Commercial Sealants & Waterproofing; Spectrem 1: www.tremcosealants.com/#sle. b. Tremco Commercial Sealants & Waterproofing; Spectrem 2: www.tremcosealants.com/#sle. c. Tremco Commercial Sealants & Waterproofing; Spectrem 3: www.tremcosealants.com/#sle. d. Tremco Commercial Sealants & Waterproofing; Spectrem 4-TS: www.tremcosealants.com/#sle. e. Tremco Commercial Sealants & Waterproofing; Tremsil 200: www.tremcosealants.com/#sle. f. Tremco Commercial Sealants & Waterproofing; Tremsil 400: www.tremcosealants.com/#sle. g. Provide per roofing manufacturer's recommendations, if adjacent to roofing. 2.05 SELF-LEVELING SEALANTS A. Type 2 -Self-Leveling Silicone Sealant: ASTM C920, Grade P, Uses Mand A; single or multicomponent, explicitly approved by manufacturer for traffic exposure when recessed below traffic surface; not expected to withstand continuous water immersion. 1. Movement Capability: Plus 100 percent, minus 50 percent, minimum. 2. Manufacturers: a. Tremco Commercial Sealants & Waterproofing; Spectrem 900SL: www.tremcosealants.com/#sle. b. Coordinate with manufacturer/roofing manufacturer's recommendations. 2.06 ACCESSORIES A. Backer Rod: Cylindrical cellular foam rod with surface that sealant will not adhere to, compatible with specific sealant used, and recommended by backing and sealant manufacturers for specific application. 1. Manufacturers: a. Nomaco, Inc; HBR: www.nomaco.com/#sle. B. Backing Tape: Self-adhesive polyethylene tape with surface that sealant will not adhere to and recommended by tape and sealant manufacturers for specific application. C. Primers: Type recommended by sealant manufacturer to suit application; non-staining. PART 3 EXECUTION 3.01 EXAMINATION A. Verify that joints are ready to receive work. B. Verify that backing materials are compatible with sealants. C. Verify that backer rods are of the correct size. 4720 Faraday Center Roof Replacement 07 9200 - 3 JOINT SEALANTS Nov. 19, 2019 Item #7 Page 246 of 250 3.02 PREPARATION A. Remove loose materials and foreign matter that could impair adhesion of sealant. B. Clean joints, and prime as necessary, in accordance with manufacturer's instructions. C. Perform preparation in accordance with manufacturer's instructions and ASTM C1193. D. Mask elements and surfaces adjacent to joints from damage and disfigurement due to sealant work; be aware that sealant drips and smears may not be completely removable. 3.03 INSTALLATION A. Perform work in accordance with sealant manufacturer's requirements for preparation of surfaces and material installation instructions. B. Perform installation in accordance with ASTM C1193. C. Install bond breaker backing tape where backer rod cannot be used. D. Install sealant free of air pockets, foreign embedded matter, ridges, and sags, and without getting sealant on adjacent surfaces. E. Do not install sealant when ambient temperature is outside manufacturer's recommended temperature range, or will be outside that range during the entire curing period, unless manufacturer's approval is obtained and instructions are followed. F. Nonsag Sealants: Tool surface concave, unless otherwise indicated; remove masking tape immediately after tooling sealant surface. 3.04 FIELD QUALITY CONTROL A. Remove and replace failed portions of sealants using same materials and procedures as indicated for original installation. END OF SECTION 4720 Faraday Center Roof Replacement 07 9200 - 4 JOINT SEALANTS Nov. 19, 2019 Item #7 Page 247 of 250 PART1 GENERAL 1.01 SECTION INCLUDES SECTION 08 6200 UNIT SKYLIGHTS A. Thermoformed plastic skylights with integral frame. 1.02 REFERENCE STANDARDS A. MMA/WDMA/CSA 101/I.S.2/A440 -North American Fenestration Standard/Specification for windows, doors, and skylights; 2017. B. ASCE 7 -Minimum Design Loads and Associated Criteria for Buildings and Other Structures; 2016. C. ASHRAE Std 90.1 I-P -Energy Standard for Buildings Except Low-Rise Residential Buildings; 2013, Including All Amendments and Errata. D. ASTM B209 -Standard Specification for Aluminum and Aluminum-Alloy Sheet and Plate; 2014. E. ASTM E2112 -Standard Practice for Installation of Exterior Windows, Doors and Skylights; 2007 (Reapproved 2016). F. UL (DIR) -Online Certifications Directory; current listings atdatabase.ul.com. 1.03 SUBMITTALS A. See General Provisions, for submittal procedures. B. Product Data: Provide structural, thermal, and daylighting performance values. C. Shop Drawings: Indicate configurations, dimensions, locations, fastening methods, and installation details. D. Grade Substantiation: Prior to submitting shop drawings or starting fabrication, submit one of the following showing compliance with specified grade: 1. Evidence of MMA Certification. 2. Evidence of WDMA Certification. 3. Evidence of CSA Certification. 4. Test report(s) by independent testing agency itemizing compliance and acceptable to authorities having jurisdiction. 1.04 QUALITY ASSURANCE A. Manufacturer Qualifications: Company specializing in manufacturing the products specified in this section with not less than three years documented experience. B. Installer Qualifications: Company specializing in performing work of the type specified and with at least three years documented experience. 1.05 WARRANTY A. Provide five-year manufacturer warranty, including coverage for leakage due to defective skylight materials or construction. 4720 Faraday Center Roof Replacement 08 6200 - 1 UNIT SKYLIGHTS Nov. 19, 2019 Item #7 Page 248 of 250 PART 2 PRODUCTS 2.01 MANUFACTURERS A. Unit Skylights: 1. Wasco Products Inc; Curb Mount Unit: www.wascoskylights.com/sle. 2.02 UNIT SKYLIGHTS A. Unit Skylights: Factory-assembled glazing in aluminum frame, free of visual distortion, and weathertight. 1. Shape: per plan. 2.03 PERFORMANCE REQUIREMENTS A. Provide unit skylights that comply with the following: 1. Grade: AAMA/WDMA/CSA 101/1.S.2/A440 requirements for specific skylighttype: 2. Allow for expansion and contraction within system components caused by a cycling surface temperature range of 170 degrees F (95 degrees C) without causing detrimental effects to system or components. 3. For Plastic curb mounted skylights, the skylight must meet or exceed the following: Max U factor must be 0.88, Area weighted performance rating 0.64 and maximum SRR% shall be5%. 2.04 ACCESSORIES A. Anchorage Devices: Type recommended by manufacturer, exposed to view. B. Counterflashings: Same metal type and finish as skylight frame. C. Protective Back Coating: Zinc molybdate alkyd. D. Sealant: Elastomeric, silicone or polyurethane, compatible with material being sealed. PART 3 EXECUTION 3.01 INSTALLATION A. Install skylight units and mount securely to curb assembly; install counterflashing as required. B. Apply sealant to achieve watertight assembly. 3.02 CLEANING A. Remove protective material from prefinished aluminum surfaces. B. Wash down exposed surfaces; wipe surfaces clean. C. Remove excess sealant. END OF SECTION 4720 Faraday Center Roof Replacement 08 6200 - 2 UNIT SKYLIGHTS Nov. 19, 2019 Item #7 Page 249 of 250