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Home My WebLink AboutCommercial & Industrial Roofing Co Inc; 2006-06-13; PWS06-25FACRECORDED REQUESTED BY CITY OF CARLSBAD AND WHEN RECORDED PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DOC# 2006-0888199 DEC 14, 2006 3:47 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 R Y J. S MIT H, CO U N TY R E CO Fl D E R FEES: 0.00 PAGES: 1 Space above this line for Recorder's use. PARCEL NO: 1561646300 & 1671542000 2033530600 & 2051402900 NOTICE OF COMPLETION Notice is hereby given that: 1. The undersigned is owner of the interest or estate stated below in the property hereinafter described. 2. The full name of the undersigned is City of Carlsbad, a municipal corporation. 3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008. 4. The nature of the title of the undersigned is: In fee. 5. A work or improvement on the property hereinafter described was completed on November 16, 2006. 6. The name of the contractor for such work or improvement is Commercial and Industrial Roofing, Inc. 7. The property on which said work or improvement was completed is in the City of Carlsbad, County of San Diego, State of California, and is described as follows: Furnish and Install Four New Roofs at Multiple City Structures, Contract Number PWS06-25FAC. 8. The street addresses of said property are 2955 Elmwood Street, 3701 Catalina Drive, 3906 Harding Street & 3401 Monroe Street. CITY OF CARLSBAD Greg Clavier Public Works Manager VERIFICATION OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad, California, 92008; the City Manager of said City on December 5 , 20 06 . accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 5 2006 , at Carlsbad, California. CITY OF CARLSBAD LORRAINE M. WOOD %? * f^N '"MllOyN is\Notice of Completion (City)3/9/98 CITY OF CARLSBAD San Diego County California CONTRACT DOCUMENTS AND SUPPLEMENTAL PROVISIONS FOR Furnishing & Installing Four New Roofs at Multiple City Structures CONTRACT NO. PWGS192 BID NO. PWS06-25FAC ^•^ Revised 10/CJ8/&8 Contract No.PWGS192 Page 1 of 114 Pages TABLE OF CONTENTS Item Page Notice Inviting Bids 4 Contractor's Proposal 8 Bid Security Form 12 Bidder's Bond To Accompany Proposal 13 Guide For Completing The "Designation Of Subcontractors" Form 15 Designation Of Subcontractor and Amount Of Subcontractor's Bid Items 17 Bidder's Statement Of Financial Responsibility 18 Bidder's Statement Of Technical Ability And Experience 19 Bidder's Certificate Of Insurance For General Liability, Employers' Liability, Automotive Liability And Workers' Compensation 20 Bidder's Statement Of Re Debarment 21 Bidder's Disclosure Of Discipline Record 22 Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid 24 Contract Public Works 25 Labor And Materials Bond 31 Faithful Performance/Warranty Bond 33 Optional Escrow Agreement For Surety Deposits In Lieu Of Retention 35 SUPPLEMENTAL PROVISIONS Part 1 General Provisions Section 1 Terms, Definitions Abbreviations And Symbols 1-1 Terms 38 1-2 Definitions 39 1-3 Abbreviations 39 Section 2 Scope And Control Of The Work 2-3 Subcontracts 40 2-4 Contract Bonds 40 2-5 Plans And Specifications 41 2-10 Authority Of Board And Engineer 43 Section 3 Changes In Work ORevised 10/08/03 Contract No.PWGS192 Page 2 of 113 Pages 3-2 Changes Initiated by the Agency 43 3-3 Extra Work 44 3-4 Changed Conditions 44 3-5 Disputed Work 45 Section 4 Control Of Materials 4-1 Materials And Workmanship 48 4-2 Materials Transportation, Handling and Storage 49 Section 5 Utilities 5-1 Location 50 5-4 Relocation 50 Section 6 Prosecution, Progress And Acceptance Of The Work 6-1 Construction Schedule And Commencement Of Work 50 6-2 Prosecution Of Work 51 6-6 Delays And Extensions Of Time 52 6-7 Time of Completion 52 6-8 Completion And Acceptance 52 6-9 Liquidated Damages 52 Section 7 Responsibilities Of The Contractor 7-3 Liability Insurance 53 7-4 Workers' Compensation Insurance 53 7-5 Permits 53 7-7 Cooperation and Collateral Work 53 7-8 Project Site Maintenance 53 7-10 Public Convenience And Safety 54 7-13 Laws To Be Observed 55 Section 9 Measurement and Payment 9-1 Measurement Of Quantities For Unit Price Work 55 9-3 Payment 55 TECHNICAL SPECIFICATIONS 58 Revised 10/08/03 Contract No.PWGSI 92 Page 3 of 113 Pages CITY OF CARLSBAD, CALIFORNIA NOTICE INVITING BIDS Until 2:00 P.M. on April 12, 2006, the City shall accept sealed bids, clearly marked as such, at the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-7314, Attn: Purchasing Officer, by mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they will be opened and read, for performing the work as follows: Furnishing and installing new roofs at the Cultural Arts Center, Fire Station #3, Heritage Hall, and the Swim Complex. CONTRACT NO. PWGS192 Furnishing & Installing Four New Roofs at Multiple City Structures Bid No. PWS06-25FAC This bid and the terms of the Contract Documents and Supplemental Provisions constitute an irrevocable offer that shall remain valid and in full force for a period of 90 days and such additional time as may be mutually agreed upon by the City of Carlsbad and the Bidder. The work shall be performed in strict conformity with the plans and specifications as approved by the City Council of the City of Carlsbad on file with the General Services Department of Public Works. _The specifications for the work include the Standard Specifications for Public Works Construction, 2003 Edition, and the 2004 supplement thereto, all hereinafter designated "SSPWC" as issued by the Southern California Chapter of the American Public Works Association and as amended by the supplemental provisions sections of this contract. Reference is hereby made to the plans and specifications for full particulars and description of the work. The City of Carlsbad encourages the participation of minority and women-owned businesses. The City of Carlsbad encourages all bidders, suppliers, manufacturers, fabricators and contractors to utilize recycled and recyclable materials when available, appropriate and approved by the Engineer. The City of Carlsbad may disqualify a contractor or subcontractor from participating in bidding when a contractor or subcontractor has been debarred by the City of Carlsbad or another jurisdiction in the State of California as an irresponsible bidder. No bid will be received unless it is made on a proposal form furnished by the Purchasing Department. Each bid must be accompanied by security in a form and amount required by law. The bidder's security of the second and third next lowest responsive bidders may be withheld until the Contract has been fully executed. The security submitted by all other unsuccessful bidders shall be returned to them, or deemed void, within ten (10) days after the Contract is awarded. Pursuant to the provisions of law (Public Contract Code section 10263), appropriate securities may be substituted for any obligation required by this notice or for any monies withheld by the City to ensure performance under this Contract, section 10263 of the Public Contract Code requires monies or securities to be deposited with the City or a state or federally chartered bank in California as the escrow agent. The escrow agent shall maintain insurance to cover negligent acts and omissions of the agent in connection with the handling of retentions under this section in an amount not less than $100,000 per contract. Revised 10/08/03 Contract No. PWGS192 Page 4 of 114 Pages The documents which comprise the Bidder's proposal and that must be completed and properly executed including notarization where indicated are: 1. Contractor's Proposal 2. Bidder's Bond 3. Non-Collusion Affidavit 4. Designation of Subcontractors and Amount of Subcontractor Bid 5. Designation of Owner Operator/Lessors & Amount of Owner Operator/Lessor Work 6. Bidder's Statement of Financial Responsibility 7. Bidder's Statement of Technical Ability and Experience 8. Acknowledgement of Addendum(a) 9. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers may be omitted at the time of bid submittal but shall be provided by the Bidder prior to award of this contract. 10. Bidder' s Statement Re Debarment 11. Bidder's Disclosure Of Discipline Record 12. Escrow Agreement for Security Deposits - (optional, must be completed if the Bidder wishes to use the Escrow Agreement for Security) All bids will be compared on the basis of the Engineer's Estimate. The estimated quantities are approximate and serve solely as a basis for the comparison of bids. The Engineer's Estimate is $115.000. Except as provided herein a bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the Business and Professions Code shall be considered nonresponsive and shall be rejected by the City. In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. Where federal funds are involved the contractor shall be properly licensed at the time the contract is awarded. In all other cases the contractor shall state their license number, expiration date and classification in the proposal, under penalty of perjury. This invitation to bid does not involve federal funds. The following classifications are acceptable for this contract: A, B or C-39 If the Contractor intends to utilize the escrow agreement included in the contract documents in lieu of the usual 10% retention from each payment, these documents must be completed and submitted with the signed contract. The escrow agreement may not be substituted at a later date. Sets of plans, supplemental provisions, and Contract documents may be obtained at the Cashier's Counter of the Faraday Center located at 1635 Faraday Avenue, Carlsbad, California 92008-7314, for a non-refundable fee of $15.00 per set. If plans and specifications are to be mailed, the cost for postage should be added. Any prospective bidder who is in doubt as to the intended meaning of any part of the drawings, specifications or other contract documents, or finds discrepancies in or omissions from the drawings and specifications may submit to the Engineer a written request for clarification or correction. Any response will be made only by a written addendum duly issued by the Engineer a copy of which will be mailed or delivered to each person receiving a set of the contract documents. No oral response will be made to such inquiry. Prior to the award of the contract, no addition to, modification of or interpretation of any provision in the contract documents will be given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. No bidder may rely on directions given by any agent, employee or contractor of the City of Carlsbad except as hereinbefore specified. Revised 10/08/03 Contract No. PWGS192 Page 5 of 114 Pages The City of Carlsbad reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. The general prevailing rate of wages for each craft or type of worker needed to execute the Contract shall be those as determined by the Director of Industrial Relations pursuant to the sections 1770, 1773, and 1773.1 of the Labor Code. Pursuant to section 1773.2 of the Labor Code, a current copy of applicable wage rates is on file in the Office of the City Engineer. The Contractor to whom the Contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers employed by him or her in the execution of the Contract. The Prime Contractor shall be responsible for insuring compliance with provisions of section 1777.5 of the Labor Code and section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act." The City Engineer is the City's "duly authorized officer" for the purposes of section 4107 and 4107.5. The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to the Contract for work. A MANDATORY pre-bid meeting and tour of the project sites will be held at 9:00 am on Wednesday, March 22 at the Swim Complex located at 3401 Monroe Street. All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected extension shall be calculated and the bids will be computed as indicated above and compared on the basis of the corrected totals. All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or written in with ink and must be initialed in ink by a person authorized to sign for the Contractor. Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid. The Contractor shall provide bonds to secure faithful performance and warranty of the work in an amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). 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 Revised 10/08/03 Contract No.PWGS192 Page 6 of 114 Pages Supplemental Provisions section of this contract. All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to be accompanied by the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the City may require copies of the insurer's most recent annual statement and quarterly statement filed with the Department of Insurance pursuant to Article 10 (commencing with section 900) of Chapter 1 of Part 2 of Division 1 of the Insurance Code, within 10 calendar days of the insurer's receipt of a request to submit the statements. Insurance is to be placed with insurers that: 1) Have a rating in the most recent Best's Key Rating Guide of at least A-:V 2) Are admitted and authorized to transact the business of insurance in the State of California by the Insurance Commissioner. Auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated above for all insurance companies. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Workers' compensation insurance required under this contract must be offered by a company meeting the above standards with the exception that the Best's rating condition is waived. The City does accept policies issued by the State Compensation Fund meeting the requirement for workers' compensation insurance. The Contractor shall be required to maintain insurance as specified in the Contract. Any additional cost of said insurance shall be included in the bid price. The award of the contract by the City Council is contingent upon the Contractor submitting the required bonds and insurance, as described in the contract, within twenty days of bid opening. If the Contractor fails to comply with these requirements, the City may award the contract to the second or third lowest bidder and the bid security of the lowest bidder may be forfeited. The prime contractor and all subcontractors are required to have and maintain a valid City of Carlsbad Business License for the duration of the contract. Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2004-024, adopted on the 7th day of February 2006. March 7. 2006 Date SHEILA R. COBIAN, Deputy City Clerk Publish Date: March 10, 2006 Revised 10/08/03 Contract No.PWGSI92 Page 7 of 114 Pages CITY OF CARLSBAD CONTRACT NO. PWGS192 Furnishing & Installing Four New Roofs at Multiple City Structures CONTRACTOR'S PROPOSE, WITNESSED AND RECORDED: City Council City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 DATE SIGNATURE The undersigned declares he/she has carefully examined the location of the work, read the Notice Inviting Bids, examined the Plans,. Specifications, Supplemental Provisions and addenda thereto, and hereby proposes to furnish all labor, materials, equipment, transportation, and services required to do all the work to complete Contract No. PWGS192 in accordance with the Plans, Specifications, Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the following unit prices for each item complete, to wit: SCHEDULE"A" Roof Project at the City of Carlsbad Item No. Description A-1 Furnish all materials and labor to install specified roofing and related components at Cultural Arts Center A-2 Furnish all materials and labor to install specified roofing and related components at Fire Station #3 A-3 Furnish all materials and labor to install specified roofing and related components at Heritage Hall Furnish all materials and A-4 labor to install specified roofing and related components at Swim Complex Approximate Quantity and Unit LS Unit Price $ 13,367.00 Total $ 13,367.00 LS $ 22,621.00 $ 22,621.00 LS $ 14,119.00 $ 14,119.00 LS $ 47,388.00 $ 47,388.00 Revised 10/08/03 Contract No.PWGSI92 Page 8 of 113 Pages Total amount of bid in words for Schedule "A": Ninoi-y s^v^n Thousand Four Hundred Ninety Five Dollars oo/lOO. Total amount of bid in numbers for Schedule "A": $ 97/495.00 Price(s) given above are firm for 90 days after date of bid opening. Addendum(a) No(s). l & ? has/have been received and is/are included in this proposal. The Undersigned has carefully checked all of the above figures and understands that the City will not be responsible for any error or omission on the part of the Undersigned in preparing this bid. The Undersigned agrees that in case of default in executing the required Contract with necessary 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 542724 , classification CQ39 which expires on 9/30/2006 , 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 § 7028.15(e). In all contracts where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with California law. However, at the time the contract is awarded, the contractor shall be properly licensed. Public Contract Code § 20104. The Undersigned bidder hereby represents as follows: 1. That no Council member, officer agent, or employee of the City of Carlsbad is personally interested, directly or indirectly, in this Contract, or the compensation to be paid hereunder; that no representation, oral or in writing, of the City Council, its officers, agents, or employees has inducted him/her to enter into this Contract, excepting only those contained in this form of Contract and the papers made a part hereof by its terms; and 2. That this bid is made without connection with any person, firm, or corporation making a bid for the same work, and is in all respects fair and without collusion or fraud. Accompanying this proposal is 10% BID RONP (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 commencing the performance of the work of this Contract and continue to comply until the contract is complete. The Undersigned is aware of the provisions of the Labor Code, Part 7, Chapter 1, Article 2, relative to the general prevailing rate of wages for each craft or type of worker needed to execute the Contract and agrees to comply with its provisions. oRevised 10/08/03 Contract No.PWGSI 92 Page 9 of 113 Pages License Detail Page 1 of2 Wednesday. April 12,2006 License Detail Contractor License # 542724 CALIFORNIA CONTRACTORS STATE LICENSE BOARD DISCLAIMER A license status check provides information taken from the CSLB license data base. Before relying on this information, you should be aware of the following limitations: . CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or button to obtain complaint and/or legal action information. . Per B&P 7071.17. only construction related civil judgments reported to the CSLB are disclosed. . Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. . Due to workload, there may be relevant information that has not yet been entered onto the Board's license data base. Extract Date: 04/12/2006 * * * Business Information * * * COMMERCIAL & INDUSTRIAL ROOFING CO INC 9239 OLIVE DRIVE SPRING VALLEY, CA 91977 Business Phone Number: (619) 465-3737 Entity: Corporation Issue Date: 09/29/1988 Expire Date: 09/30/2006 * * * License Status * * * This license is current and active. All information below should be reviewed. * * * Classifications * * * [class | Description C39 [ROOFING Cert Certifications' Description |ASB lASBESTOS - Check POSH Registration * * * Bonding Information * * * CONTRACTOR'S BOND: This license filed Contractor's Bond number 9033064 in the amount of $10,000 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 01/01/2004 Contractor's Bonding History BOND OF QUALIFYING INDIVIDUAL^): The Responsible Managing Officer (RMO) BARRY LEE TURNOUR certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Effective Date: 03/14/1996 http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 04/12/2006 License Detail Page 2 of 2 * * * Workers Compensation Information * * * This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 285-0001753 Effective Date: 07/01/1998 Expire Date: 01/01/2007 Workers Compensation History Personnel listed on this license (current or disassociated) are listed on other licenses. Personnel List Other Licenses License Number Contractor Name Personnel Name Request Request Request SaUgperson Revest © 2006 State of California. Conditions of Use Privacy Policy http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 04/12/2006 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 City and State (4) Zip Code Telephone No. (5) E-Mail ___ (Street and Number) IF A PARTNERSHIP. SIGN HERE: (1) Name under which business is conducted_ (2) Signature (given and surname and character of partner) (Note: Signature must be made by a general partner) (3) Place of Business City and State (4) Zip Code (5) E-Mail (Street and Number) Telephone No. oRevised 10/08/03 Contract No.PWGSI92 Page 10 of 113 Pages IF A CORPORATION. SIGN HERE: (1) Name under which business is conducted COMMERCIAL & TNPURTRTAT. RnnPTMr: co. / INC , (Signature) Barry L. Turnotfr President (Title) Impress Corporate Seal here (3) Incorporated under the laws of the State of California _ (4) Place of Business Q?^Q m-ive rri (Street and Number) City and State _ Spring Valley. Ca. (5) Zip Code 91977-2306 Telephone No. (619) 465-3737 (6) E-Mail _ fi^amOciir'nnf i rig . rom _ 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: Barry L -Tii-mom-, Pyoajrignt: and Traaauror Neal J. Riley/ Vice-President and Secretary Revised 10/08/03 Contract No.PWGS192 Page 11 of 113 Pages All Purpose California Acknowledgement State of California County of San Diego ss. On April 7. 2006 . before me, Rebecca L. Trebil. Notary Public (Date) (Notary) personally appeared Barry L. Tumour personally known to me (or proved to mo on tho baoio of oatiofactory ovidonco) to be the person(s) whose name(es) is/a*e subscribed to the within instrument and acknowledged to me that he/oho/thoy executed the same in his/hor/thoir authorized capacity(tes), and that by his/hor/thoir signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Rebecca L. Trebil, Notary Public COMM.NO.1387413 MY COMM.EXP.NOV 26,2006 (Affix seal in the above blank space) Company Profile Page 1 of 2 Company Profile INSURANCE COMPANY OF THE WEST PO BOX 85563 SAN DIEGO, CA 92186-5563 800-877-1111 Agent for Service of Process JAMES III W. AUSTIN, 11455 EL CAMINO REAL SAN DIEGO, CA 92130-2045 Unable to Locate the Agent for Service of Process? Reference Information NAIC #: 27847 NAIC Group #: 0922 California Company ID #: 2071 -9 Date authorized in California: May 17,1972 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty State of Domicile: CALIFORNIA Lines of Insurance Authorized to Transact ,.„ company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossa AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION Company Complaint Information Company Enforcement Action Documents http://cdinswww.insurance.ca.gov/pls/wu_co_lines/idb_co_prof_utl.get_co... 04/12/2006 Company Profile Page 2 of 2 Company Performance & Comparison Data Composite Complaint Studies Want More? Help Me Find a Company Representative in My Area Financial Rating Organizations Last Revised - December 13, 2005 09:17 PM Copyright © California Department of Insurance Disclaimer http://cdinswww.insurance.ca.gov/pls/wu_co_lines/idb_co_prof_utLget_co... 04/12/2006 BID SECURITY FORM (Check to Accompany Bid) CONTRACT NO. PWGS192 Furnishing & Installing Four New Roofs at Multiple City Structures (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 required by law, and notwithstanding the award of the contract to another bidder. BIDDER *Delete the inapplicable word. (NOTE: If the Bidder desires to use a bond instead of check, the Bid Bond form on the following pages shall be executed-the sum of this bond shall be not less than ten percent (10%) of the total amount of the bid.) Revised 10/08/03 Contract No.PWGS192 Page 12 of 113 Pages I BIDDER'S BOND TO ACCOMPANY PROPOSAL CONTRACT NO. PWGS192 Furnishing & Installing Four New Roofs at Multiple City Structures I i i KNOW ALL PERSONS BY THESE PRESENTS: * . as Principal, and Insurance Company **That we, 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) $15.000.00 _ 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: CONTRACT NO. PWGS192 to Furnish & Install Four Roofs at Multiple City Structures f 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. •'' * Roofing Co. /Inc. • • • ** of the West Revised 10/08/03 Contract No.PWGSI 92 Page 13 of 113 Pages I [ In the event Principal executed this bond as an individual, it is agreed that the death of Principal shall not exonerate the Surety from its obligations under this bond. Executed by PRINCIPAL this 24th PRINCIPAL: day of March _, 20 06 . Industrial Roofing Co. / Inc. Executed by SURETY this 24 (sigrrhere) t.. Tumour (print name here) President (Title and Org (sign here) Neal J. Rilev (print name here) Secretary of March .- 20 06. day SURETY: Insurance Company Of The West (name of Surety) 11455 El Camino Real San Diego/ (address of Surety) CA 92130 (858-j 3 50-2 400 _ (telephone number of Surety) (title and organization of signatory) (signature Kiki Velasquez (printed name of Attomey-in-Fact) (Attach corporate resolution showing current power of attorney.) (Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.) (President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney oRevised 10/08/03 Contract No.PWGS192 Page 14 of 113 Pages Ail Purpose California Acknowledgement State of California County of San Diego ss. On 4/7/2006 before me, Rebecca L. Trebil. Notary Public (Date) (Notary) personally appeared Barry L. Tumour personally known to me (or proved to mo on tho basis of oatiofactory ovidonco) to be the person(s) whose name(es) is/a^e subscribed to the within instrument and acknowledged to me that he/oho/thoy executed the same in his/hor/thoir authorized capacity (ies), and that by his/hor/thoir signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OFFICIAL SEAL I REBECCA L. TREBIL " ^rn rf> . -HJXVL u ^^m^^fiiS^SS^ Rebecca L. Trebil, Notary Public .VtiBX/ ^gfflggg^SW j (Affix seal in the above blank space) All Purpose California Acknowledgement State of California County of San Diego ss. On 4/7/2006 (Date) personally appeared before me, Rebecca L. Trebil. Notary Public (Notary) Neal J. Rilev _ personally known to me (or proved to mo on the booio of oatiofactory ovidonco) to be the person(s) whose name(es) isfe^e subscribed to the within instrument and acknowledged to me that he/oho/thoy executed the same in his/hor/thoir authorized capacity(ies), and that by his/hor/thoir signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 0 —Ti. JA Rebecca L. Trebil, Notary Public OFFICIAL SEAL REBECCA L. TREBIL , I * SAN DliQO COUNTY | MY COMM. EXP. NQV &, 2006 j (Affix seal in the above blank space) State of California County of San Diego On O_ personal before me, Beverly J. Oliver, Notary Public, y appeared Kiki Velasquez, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. CommMon* 1442674 Nolans PUMc-CaMomta tan Otogo County MyComm.1 Description of document: _ Capacity claimed by signer: Attorney-in-Fact No. 0004150 1CW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint MARK RUBIN, KIKI VELASQUEZ their true and lawful Attorney(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001 . INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President State of California County of San Diego SS. On August 29, 2005, before me, Francis Fafaul, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. FRANCIS FAFAUL I f Francis Fafaul, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: 'lhat the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty ?nd Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resoU'ac.iis ws.-e duly adopted by the respective Boards of Directors of the Companies, and are now in fall force. 24 davof March , 2006 .IN WITNESS WHEREOF, I have set my hand this John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1 -800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. 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 SSPWC ("Greenbook") and in the Supplemental Provisions to this Contract, especially, "Bid", "Bidder", "Contract", "Contractor", "Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in section 1-2 of the Supplemental Provisions especially "Own Organization." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the Greenbook and section 2-3.1 of these Supplemental 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 preformed by forces other than the Bidder's own organization will be rejected as non-responsive. Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal" are not included in computing the percentage of work proposed to be performed by the Bidder. INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every subcontractor 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 the appropriate space. 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 explanation 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 Supplemental Provisions. The decision of the City Council shall be final. 0Revised 10/08/03 Contract No.PWGSI 92 Page 15 of 113 Pages 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. A•^ Revised 10/08/03 Contract No.PWGSI 92 Page 16 of 113 Pages DESIGNATION OF SUBCONTRACTOR AND AMOUNT OF SUBCONTRACTOR'S BID ITEMS CONTRACT NO. PWGS192 Furnish & Install Four New Roofs at Multiple City Structures 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 Portion of Work* NONE Subcontractor Name and Location of Business Amount of Work by Subcontractor in Dollars* Subcontractor's License No.* 542724 Page pages of this Subcontractor Designation form * Pursuant to section 4104 (a)(2)(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." Revised 10/08/03 Contract No.PWGSI92 Page 17 of 113 Pages BIDDER'S STATEMENT OF FINANCIAL RESPONSIBILITY (To Accompany Proposal) CONTRACT NO. PWGS192 Furnish & Install Four New Roofs at Multiple City Structures Copies of the latest Annual Report, audited financial statements or Balance Sheets may be submitted under separate cover marked CONFIDENTIAL. Will provide if we are the apparent low bidder and upon Request. Revised 10/08/03 Contract No.PWGS192 Page 18 of 113 Pages BIDDER'S STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE (To Accompany Proposal) CONTRACT NO. PWGS192 Furnishing & Installing Four New Roofs at Multiple City Structures The Bidder is required to state what work of a similar character to that included in the proposed Contract he/she has successfully performed and give references, with telephone numbers, which will enable the City to judge his/her responsibility, experience and skill. An attachment can be used. Date Contract Completed Name and Address of the Employer Name and Phone No. of Person to Contract Type of Work Amount of Contract Revised 10/08/03 Contract No.PWGSI 92 Page 19 of 113 Pages o us m £ r c i a I»S is a it s I r i a i c e n s e d insured 9239 OLIVE DRIVE • SPRING VALLEY, CA 91977 PH. 619. 465. 3737 • FAX. 619. 465. 8578 • ST. LICENSE #542724 SCHOOL REFERENCES Cajon Valley Union School District Avocado Elementary School Ballantyne Elementary School Ballantyne Elementary School Ballantyne Elementary School Cuyamaca Elementary School Cuyamaca Elementary School Emerald Middle School Fuerte Elementary School Greenfield Middle School Johnson Elementary School Johnson Elementary School Lexington Elementary School Madison Elementary School Magnolia Elementary School Magnolia Elementary School Meridian Elementary School Meridian Elementary School Montgomery Middle School Sevick School Vista Grande Elementary School Vista Grande Elementary School Vista Grande Elementary School WD Hall Elementary School District Office Karl Bradley 12/1996 04/1998 07/1998 07/1999 08/1995 08/1999 08/2001 08/1999 08/1999 08/1995 07/1998 08/1995 07/1997 08/1995 07/1998 08/1998 08/1999 07/1997 08/1998 07/1998 07/1999 04/2000 04/1996 08/1998 (619)588-3651 Carlsbad Unified School District Carlsbad High School Cultural Arts Center Valley Junior High School Cultural Arts Center Chula Vista School District Hilltop Elementary School Sunnyside School Coast Community College District Golden West College Nancy Powers 06/1994 07/1994 08/1992 12/2003 Dave Dow 08/1992 08/1989 Ardith Richey 09/1998 (760)434-0649 (619)425-9600 (714)438-4673 Del Mar Union School District Del Mar District Office Del Mar Heights Elementary School Del Mar Heights Elementary School Del Mar Hills Elementary School El Centro Unified School District Central Union High School (Castillo Construction) DeAnza Elementary School Desert Gardens Elementary School Encinitas Union School District Capri Elementary School Olivenhain Pioneer Elementary School Park Dale Lane Elementary School Escondido Union High School District Escondido High School Orange Glen High School San Pasqual High School Escondido Union School District Central School Del Dios Middle School Del Dios Middle School Del Dios Middle School Grant Middle School Grant Middle School Maintenance Building Oak Hill School Orange Glen Elementary School Fallbrook Union School District Fallbrook High School (C & S Doctor) Porter Junior High School Ivy School Grossmont/Cuyamaca Community College District Grossmont College Buildings 600A, 600B & 200G Grossmont College PE Facilities (General Air Conditioning Service) Portable Classroom Bldgs. Stewart Seaward 07/1994 08/1992 08/1994 08/1994 Kim Dessert 10/1999 08/1997 08/1997 Bill Reinstra 10/2000 07/1997 10/1992 Colin Dawson 10/1990 10/1990 06/1993 Janay Greenlee 07/1994 08/1994 08/2001 08/2002 07/1994 08/2002 08/2001 07/1994 08/2000 Bill Haider 11/1999 08/1992 09/2003 Jim Barr 10/1997 07/2000 01/2004 (619)755-9367 (760)352-5712 (760)728-9809 (760)480-3000 (760)432-2400 (760)723-7000 (619)697-9090 Grossmont Union High School District Chaparral High School El Cajon Valley High School El Cajon Valley High School El Cajon Valley High School El Capitan High School El Capitan High School Granite Hills High School Granite Hills High School Grossmont High School Grossmont High School Grossmont High School Grossmont High School Grossmont High School Helix High School Steele Canyon High School (Douglas Barnhart) Valhalla High School Valhalla High School District Warehouse Lakeside School District Lakeside Education Center Lakeside Farms Elementary School Lakesdie Farms Elementary School Lindo Lake School Tierra Del Sol Middle School Tierra Del Sol Middle School Lakeside Farms Elementary School La Mesa/Spring Valley School District Casa De Oro Elementary School La Presa Elementary School La Presa Middle School (General A/C Service) Loma Elementary School Murdock Elementary School Spring Valley Elementary School Parkway Middle School Maryland Avenue School 4 Sites, Portables Lemon Grove School District Golden Avenue Elementary School Golden Avenue Elementary School Golden Avenue Elementary School Golden Avenue Elementary School JimLangford (619)465-3131 08/1999 08/1989 01/1997 12/1997 04/1998 08/1999 09/1993 08/1998 07/1989 08/1994 08/1996 08/1998 07/1999 08/1989 04/2000 04/1996 04/1998 07/1998 Norman Lumpkin (619)390-2682 10/1995 09/1993 08/2002 09/1993 10/1993 08/2001 Current project 6/2004 Jerry Ross 09/1992 07/1994 10/1999 07/1994 11/1990 01/1991 08/2003 Current project 6/2004 Current project 6/2004 (619)469-6171 Ken Fine 07/1994 09/1995 08/1996 09/1996 (619)825-5600 Golden Avenue Elementary School Lemon Grove Middle School Lemon Grove Middle School Lemon Grove Middle School Monterey Heights Elementary School Monterey Heights Elementary School Monterey Heights Elementary School Mt. Vemon Elementary School Mt. Vernon Elementary School Palm Middle School Palm Middle School San Altos Elementary School San Altos Elementary School (Echo Pacific) San Miguel Elementary School San Miguel Elementary School San Miguel Elementary School San Miguel Elementary School San Miguel Elementary School (Echo Pacific) Vista La Mesa Elementary School Vista La Mesa Elementary School Vista La Mesa Elementary School Maintenance Shop Palm,Montgomery Heights, & Mt. Vernon San Alto & Palm Middle School National City School District El Toyan Elementary School Kimball Elementary School Palmer Way School Administration Buildings Oceanside Unified School District Garrison Elementary School Jefferson Middle School Jefferson Middle School Jefferson Middle School Laurel Elementary School Libby Elementary School Lincoln Middle School Mission/Burgener Elementary School San Luis Rey Elementary School Santa Margarita Elementary School South Oceanside Elementary School Warehouse 04/1998 08/1993 08/1996 04/1998 08/1993 07/1994 08/1995 08/1993 08/1995 08/1996 04/1998 08/1993 09/2001 08/1993 07/1994 08/1995 04/1998 09/2001 09/1993 08/1995 04/1998 04/1998 08/2003 04/2004 for Echo Pacific Jim Rothschild 08/1990 04/1990 07/1990 01/1990 Tony Frazier 09/1998 07/1998 05/1999 09/1999 07/1998 08/1998 07/1998 08/1998 08/1998 07/1998 07/1998 09/1998 (619)477-2306 (760)757-2560 Palm Springs Unified School District Carol (760)416-8309 Edward Wenzlaff Elementary School Palm Springs High School Point Loma Nazarene College Admissions Center Poway Unified School District Black Mountain Middle School Black Mountain Middle School Midland Elementary School Mt. Carmel Elementary School Pomerado Elementary School Pomerado Elementary School Poway High School Twin Peaks Middle School Twin Peaks Middle School Valley Elementary School Education Center Superintendents Office Transportation Office Ramona School District Montecito High School Library Mt. Woodson Elementary School Mt. Woodson Elementary School Mt. Woodson Elementary School Ramona Elementary School Ramona High School Ramona High School Gym San Diego County Office of Education Building 400, 500 & 600 San Diego Community College District Building 200 - Mesa College Mesa College, Bldg. H200 & H300 San Diego State University Aztec Center Engineering Building Petersen Gymnasium San Diego Unified School District Barnard Elementary School Bayview Child Development Center Bird Rock Elementary School 01/1998 01/1998 Richard Schult 05/2004 Don Neilson 07/1997 12/1998 08/1998 07/1988 07/1988 08/1997 09/1997 07/1988 08/1997 08/1993 1987 1987 1987 Billie Horton 08/1999 07/1998 08/1998 08/1998 08/1998 08/1998 06/1999 Bill Carpenter 10/2001 (619)849-2571 (619)586-7505 (760)789-9660 (858)569-5334 Bryan Adams 08/2002 Current project 6/2004 (619)388-6546 Jean Myers 04/1999 05/1999 05/1999 Sam Strong 08/1996 05/1995 (619)594-5243 (619)293-8282 (T.B. Penick & Sons) 09/2000 Brooklyn Elementary School 05/1993 Carson Elementary School 04/1999 Correia Junior High School 09/1994 Correia Junior High School 08/1995 Doris Miller Elementary School 04/1988 Edison Elementary School 10/2001 Euclid Child Development Center 05/1993 Farb Middle School 01/1995 Foster Marvin Elem. (Echo Pacific) 11/2002 Fremont Elementary School 07/2000 Fulton Elementary School 07/2000 Gompers Secondary School 09/1994 Hancock Elementary School 1987 Hardy Elementary School 01 /2001 Hardy Elementary School (Erickson Hall) 11 /2001 Hawthorne Elementary School 1211999 Hoover High School 05/1993 Horace Mann Middle School 02/1994 Horace Mann Middle School 08/1995 Horton Elementary School 04/1996 Jackson Elementary School 12/1993 Jackson Elementary School 04/2001 Keamy High School 12/1995 Kearny High School (Echo Pacific) 11/2000 Keiller Middle School 07/1994 Kennedy Child Development Center 06/1995 Knox Elementary School 12/1991 Knox Elementary School (Westcoast Nielsen) 02/1999 Kroc Middle School (DM. Erickson) 09/1997 Kroc Middle School 08/2001 Lewis Junior High School 05/1995 Lincoln High School 04/1995 Logan Elementary School 06/1998 Los Altos Child Development Center 06/1995 Marcy Elementary School 08/1996 Marvin Elementary School (Greer Construction) 08/2001 Memorial Junior High School 01/1993 Memorial Junior High School 04/1995 Mission Beach/Fairhaven School 04/2000 Montezuma Child Development Center 06/1995 Morse High School 02/2000 Muirlands Middle School (D.M. Erickson) 09/1997 O'Farrell Community School 04/1992 O'Farrell Community School (Shea Homes) 10/1997 Oak Park Elementary School 12/1998 Pacific Beach Elementary School 07/1999 Pacific Beach Middle School 10/1995 Pacific Beach Middle School 01/1997 Paradise Hills Elementary School (Westcoast Nielsen) 03/1999 Patrick Henry High School (Echo Pacific) 08/2001 Portable Classrooms Various Sites 1996 Portable Classrooms Various Sites 01/2000 Portable Classrooms & Restrooms (Echo Pacific) 06/2001 Roosevelt Junior High School (Shea Homes) Roosevelt Junior High School (Echo Pacific) Samuel Morris High School San Diego High School San Diego High School Sessions Elementary School (T.B. Penick & Sons) Standley Middle School Sunset View Elementary School Tierrasanta Elementary School Tubman Elementary School (Peterbuilt) Twain Jr/Sr.Hi. School Mod.#2(Erickson-Hall) Valencia Park Elementary School Walker Child Development Center Wangenheim Junior High School Wedgeforth Elementary School Whittier Child Development Center Memorial Academy & Morse High Schools San Dieguito Union High School District Dieguito Middle School La Costa Canyon High School Oakcrest Middle School 3 Maintenance Buildings San Marcos Unified School District Paloma Elementary School San Marcos High School Twin Oaks High School 10/1997 09/2000 01/1993 1987 08/1995 08/2000 08/1995 01/2001 1987 12/2001 05/2003 07/1999 10/1994 1987 01/2002 06/1995 Current project 6/04. 10/2001 10/2001 08/2001 10/2002 (760)753-6491 Steve Brizeno 01/2001 12/1990 Current project 6/2004 (760)744-4776 San Ysidro School District La Mirada Elementary School San Ysidro Education Center Smythe Elementary School Portables - District Office Manula Durazo (619)428-4476 x3045 04/1998 05/1998 04/1998 09/2003 Santee School District Sharon Racicot (619)258-2300 Cajon Park Elementary School Pepper Drive Elementary School Prospect Avenue Elementary School Santee Elementary School Santee Elementary School Sycamore Canyon Elementary School Sycamore Canyon School Southwestern Community College District Southwestern Community College Southwestern Community College (Lemon Grove Sheet Metal Works) Southwestern Community College Child Dvlp.Center for Soltek Pacific Sweetwater Union High School District Administration Center Bonita Vista Junior High School Bonita Vista Junior High School Bldg.600 Chula Vista Adult School Chula Vista Junior High School Chula Vista Junior High School Chula Vista High School Granger Junior High School Hilltop High School Mar Vista High School Mar Vista High School Mar Vista High School Montgomery High School National City Junior High School Palomar High School Southwest High School Sweetwater High School Montgomery High School University of California, San Diego SOM Modular Building Buildings T-40,41,42,43 Marfec Buildings 1 & 3 SIO Cooling Tower - Hubbs Hall (Collier Norwood Corporation) Hubbs Hall University of San Diego Bahia Ix>ma Apartments 6th College, Bldg. #704 07/1998 07/2000 07/1998 07/2000 07/2001 07/2001 08/2003 Joseph Conte 07/1998 01/2000 05/2001 04/2004 Dean Brown 08/2000 1987 07/2002 06/2001 01/1992 08/1999 11/1991 08/1999 09/1988 11/1991 08/1997 06/2001 10/2001 08/1990 07/1999 10/2001 08/1995 08/2003 Frank Goldsten 08/1998 10/1998 10/1998 05/1999 10/1999 Jim Heck 06/1998 06/2003 (619)421-6700 (619)421-6840 (619)691-5540 (619)534-2881 (619)260-4680 Revelle College,Plaza Dining Room Vista Unified School District Alta Vista Middle School Beaumont Elementary School Beaumont Elementary School Bobier Elementary School Bobier Elementary School Casita Elementary School Crestview Elementary School Grapevine Elementary School Lincoln Middle School Lincoln Middle School Lincoln Middle School Monte Vista Elementary School Olive Elementary School Rancho Buena Vista High School Sierra Vista High School Vista High School Vista High School Vista High School Washington Middle School Washington Middle School UPDATED: 6/18/04 07/2003 Herb Eckert 01/1992 04/1991 03/1994 07/1995 10/1996 09/1996 04/1991 1987 06/1993 12/1993 10/1996 09/1996 09/1996 01/2003 07/1995 07/1993 07/1995 09/1996 01/1992 09/1996 (760)726-2170 BIDDER'S CERTIFICATE OF INSURANCE FOR GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE LIABILITY AND WORKERS' COMPENSATION (To Accompany Proposal) CONTRACT NO. PWGS192 Furnishing & Installing Four New Roofs at Multiple City Structures 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 Q^ Automobile Liability CXWorkers Compensation QxEmployer's Liability 2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's Liability in conformance with the requirements herein and Certificates of insurance to the Agency showing conformance with the requirements herein. All certificates of insurance and statements of willingness to issue insurance for auto policies offered to meet the specification of this contract must: 1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public Works Construction and the Supplemental Provisions for this project for each insurance company that the Contractor proposes. 2) Cover any vehicle used in the performance of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. Revised 10/08/03 Contract No.PWGS192 Page 20 of 113 Pages 05/23/2006 09:06 8586259093 ALL COMMERCIAL INS PAGE 01/03 ACORD CERTIFICATE OF I IABI PRODUCER mans: (BSfi) S42-OZDO fat BS8/S42-0205 ALL COMMERCIAL INSURANCE SERVICES, LLC. 6790 TOP GUN STREET #3 SAN DIEGO CA 92121 Afl«MVLIfl*:«*(S5S INSURED COMMERCIAL & INDUSTRIAL ROOFING 9239 OLIVE DRIVE SPRING VALLEY CA 91977 LITY INSURANCE DATE (MM/DD/YYYY) 0915/2006 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND ORALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NSURERA: ADMIRAL INSURANCE COMPANY INSURER B; ALLSTATE INSURANCE COMPANY INSURER C: AXIS SURPLUS INS. CO. USURER D: NSURER E' NAICff COVERAGES 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 18 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRlAQOL LTfl (iNSRD A B C WOR EMPL ANVP OFFIC 'J& TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE fx"] OCCUR GEN L AGGREGATE LJMIT APPLIES PER: POLICY | | JECT ( JLOC AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAOE LIABILITY ANY AUTO EXCESS 1 UMBRELLA LIABILITY X [ OCCUR | | CLAIMS MADE 1 DEDUCTIBLE ~X| RETENTIONS 10,000 KERS COMPENSATION AND OVERS' UAHUTY lOPMETGWPAKTNER/EXECIfflVgDUMEMBWI 8XCLUKD? Awtrlbi umhr OTHER; POUCY NUMBER CA000004221-06 048781261 ELU7204$eOl2006 KXlCr EFFECTIVEMTI fflMlHlpiyTl 06/01/09 05/01/06 05/01/06 KUCrExnwnaN 06/01/07 OS/01/07 OS/01/07 LIMITS EACH OCCURRENCE MIMOETDREHTID MED. EXP (Any ana ponon) PERSONAL K ADV INJURY GENERAL AGGREGATE PRODUCTS-COMPADP AGO, COMBINED SINGLE LIMIT (EaaccKMnl) BODILY INJURY (Perperaon) BODILY INJURY (Paracddont) PROPERTY DAMAGE (Ptraccwant) AUTO ONLY - EA ACCIDENT OTHER THAN EAACCAUTO ONLY: flSB\ EACH OCCURRENCE AGGREGATE a 1,000,000 t 100,000 * EXCLUDED t 1,000,000 $ 2,000.000 t 1,000,000 t 1,000,000 s $ t $ *s I 5,000.000 $ $.000.000 s t t we 8TATV- I aiuw E.L EACH ACCIDENT E.L DISEASE-EA EMPLOYEE E.L DISEASE-POLICY LIMIT 9 t * DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY. PRIMARY AND NON CONTIBUTORY INCLUDED AS REQUIRED BY WRITTEN CONTRACT WITH RESPECTS TO GENERAL LIABILITY *10 DAY NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM. RE: CITY STRUCTURES CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD 163S FARADAY AVENUE CARLSBAD, CA 92008 Attention: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 90 8HALL IMPOSE HO OBLIGATION OH LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE S ^4L*^~ACORD 25 (2001/08)Certificate # 50567 ©ACORD CORPORATION 1988 05/23/2005 09:06 858G259093 ALL COMMERCIAL INS PAGE 02/83 Policy Number: CAOQOOM221-Qe CC 30 37 07 04 £fl!fcctive Date: 05/01/2006 THIS ENDOR5E\flNT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LlABILflTY COVERAGE PART SCHEDULE Name Of Additional Insured Par5ou(s) Or Ortanfeattoiits) As required by written contract in advance of the "ocMrrence" or toss. Locattea And Description Of Completed OtteratioM *- R 1 |All eenstrucqoB operations except wort on or related to ffagie-femily dwellings, Haiti-family dwellings, apartments, condonuninrra, tow»hou$es, co-opt, tnwBhomes, resWen<J»l care CacillHcs Information required to soirglete this Schedule, if not shown above, will be shown at the Declarations. Section II - Wh» It An Insured is amended to include a an additional insured the person(i) or organization^} shown in the Schedule, but only with respect to liability for "bodily injury* or ''property damage" caused, in whole or in. part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products' completed operations hazard". CG 21137 07 04 S ISO Prr.perries, be,, 2004 Pigs I of 1 Q 05/23/2006 09:06 8586259093 ALL COMMERCIAL INS PAGE 03/03 Policy Number: CA000004221 -06 AD 06 57 12 03 Effective Date: 05/01/2006 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NON-CONTRIBUTING INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE It is agreed that Commercial General Liability Coverage Form CG 00 01 Section IV paragraphs 4,b. and 4.c. do not apply with respect to other valid and collectible Commercial General Liabil- ity insurance, whether primary or excess, avail- able to the person or organization shown in the Schedule and: I) Who is an insured under an Additional Insured- Owners, Lessees or Contractors endorsement at- tached to this policy; and 2) Who requires by specific written contract that this insurance is to be primary and/or non-contributory to other valid and col- lectible insurance available to that person or organization. This endorsement does not change the scope of coverage provided to the person or organization by any Additional Insured endorsement. All other terms and conditions remain unchanged. AD 06 57 12 03 Page 1 of 1 05/23/2006 09:48 8586259093 ALL COMMERCIAL INS PAGE 01/01 CERTHOLDER COPY SD P.O, BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE Of WORKERS' COMPENSATION INSURANCE COMPENSATION INSURANCE FUND ISSUE DATE: 05-12-2006 CROUP; 000285 POLICY NUMBER: 0001753-2QOB CERTIFICATE ID: 2907 CERTIFICATE EXPIRES: 01-O1-4007 01-01-2006/01-01-2007 CITY OF CARLSBAD SD 1B36 FARADAY AVE CARLSBAD CA 92008-7314 This is to certify that we Nave issued a valid Workers' Compensation insurance policy In a form improved by the California Insurance Commissioner to the employer named below for the policy period Indicated. This policy Is not subject to cancellation by the Fund except upon 30 days advance written notice to *e employer, We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not in insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement term or condition of any contract or other documentwith respect to which this certificate of insurance may. be issued or to which it may pertain, the insurance by the policy described herein is subject to all the terms, exclusions, end conditions, of such policy. THORIZED REPRESENTATIVE^ PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2002 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ENDORSEMENT #2001 ASBESTOS CERTIFICATION EFFECTIVE 01-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER COMMERCIAL ft INDUSTRIAL ROOFING CO INC SD 9239 OLIVE OR SPRING VALLEY CA 91977 (REV. 2-05) JB14.SD] PRINTED : 05-12-200B BIDDER'S STATEMENT RE DEBARMENT (To Accompany Proposal) CONTRACT NO. PWGS192 Furnishing & Installing Four New Roofs at Multiple City Structures 1) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by another jurisdiction in the State of California? yes no 2) If yes, what was/were the name(s) of the agency(ies) and what was/were the period(s) of debarment(s)? Attach additional copies of this page to accommodate more than two debarments. party debarred party debarred agency agency period of debarment period of debarment BY CONTRACTOR: INDUSTRIAL ROOFING CO., INC. larne of Contractor) (sign here) Barry L. Turnour. (print name/title) Page.of pages of this Re Debarment form Revised 10/08/03 Contract No.PWGS192 Page 21 of 113 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (To Accompany Proposal) CONTRACT NO. PWGS192 Furnishing & installing Four New Roofs at Multiple City Structures 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 contractors license ever been stayed? yes no 3) Have any subcontractors that you propose to perform any portion of the Work ever had their contractor's license suspended or revoked by the California Contractors' State license Board two or more times within an eight year period? 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? yes no 5) If the answer to either of 1. or 3. above is yes fully identify, in each and every case, the party disciplined, the date of and violation that the disciplinary action pertain to, describe the nature of the violation and the disciplinary action taken therefor. (If needed attach additional sheets to provide full disclosure.) Page 1 of 2 pages of this Disclosure of Discipline form Revised 10/08/03 Contract No.PWGSI 92 Page 22 of 113 Pages BIDDER'S DISCLOSURE OF DISCIPLINE RECORD (CONTINUED) (To Accompany Proposal) CONTRACT NO. PWGS192 Furnishing & Installing Four New Roofs at Multiple City Structures 6) If the answer to either of 2. or 4. above is yes fully identify, in each and every case, the party who's discipline was stayed, the date of the violation that the disciplinary action pertains to, describe the nature of the violation and the condition (if any) upon which the disciplinary action was stayed. (If needed attach additional sheets to provide full disclosure.) BY CONTRACTOR: COMM#RCIAl/ & INDUSTRMfcLROOFING CO.,INC. Contractor) (sign here) Barry L. Tumour/ President (print name/title) Page 2 of 2 pages of this Disclosure of Discipline form Revised 10/08/03 Contract No.PWGSI92 Page 23 of 113 Pages NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID PUBLIC CONTRACT CODE SECTION 7106 CONTRACT NO. PWGS192 Furnishing & Installing Four New Roofs at Multiple City Structures ) ss. State of California County of San Diego ) Barry L. Turnour (Name of Bidder) ., being first duly sworn, deposes and says that he or she is President of (Title) COMMERCIAL & INDUSTRIAT. RODFTMr: m..TNP. (Name of Firm) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was executed on the , llth day of A^ril . 20Q6 . ignature of Bidder Barry L. Turnour Subscribed and sworn to before me on the llth day of.APRIL _, 20 06 . (NOTARY SEAL) Signature of NotaryOFFICIAL SEAL REBECCA L TREBIL Revised 10/08/03 Contract No.PWGSI92 Page 24 of 113 Pages CONTRACT PUBLIC WORKS PWGS192 This agreement is made this day of by and between the City of Carlsbad, California, a municipal corporation, (hereinafter called "City), and _ COMMERCIAL & INDUSTRIAL ROOFING CO INC _ whose principal place of business is _ 9239 OLIVE DRIVE SPRING VALLEY CA 91977 _ (hereinafter called "Contractor). City and Contractor agree as follows: 1. Description of Work. Contractor shall perform all work specified in the Contract documents for: PWGS192 - Furnishing & Installing Four New Roofs at Multiple City Structures (hereinafter called "project") 2. Provisions of Labor and Materials. Contractor shall provide all labor, materials, tools, equipment, and personnel to perform the work specified by the Contract Documents. 3. Contract Documents. The Contract Documents consist of this Contract, Notice Inviting Bids, Contractor's Proposal, Bidder's Bond, Designation of Subcontractors, Designation of Owner Operator/Lessors, Bidder's Statements of Financial Responsibility, Technical Ability and Experience, Re Debarment, Non-collusion Affidavit, Escrow Agreement, Release Form, the Plans and Specifications, the Supplemental Provisions, addendum(s) to said Plans and Specifications and Supplemental Provisions, and all proper amendments and changes made thereto in accordance with this Contract or the Plans and Specifications, and all bonds for the project; all of which are incorporated herein by this reference. Contractor, her/his subcontractors, and materials suppliers shall provide and install the work as indicated, specified, and implied by the Contract Documents. Any items of work not indicated or specified, but which are essential to the completion of the work, shall be provided at the Contractor's expense to 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 Standard Specifications for Public Works Construction (SSPWC) 1997 Edition, and the 1998 and 1999 supplements thereto, hereinafter designated "SSPWC", as issued by the Southern California Chapter of the American Public Works Association, and as amended by the Supplemental Provisions section of this contract. The Engineer will close the estimate of work completed for progress payments on the last working day of each month. 5. Independent Investigation. Contractor has made an independent investigation of the jobsite, the soil conditions at the jobsite, and all other conditions that might affect the progress of the work, and is aware of those conditions. The Contract price includes payment for all work that may be Revised 10/08/03 Contract No.PWGS192 Page 25 of 113 Pages done by Contractor, whether anticipated or not, in order to overcome underground conditions. Any information that may have been furnished to Contractor by City about underground conditions or other job conditions is for Contractor's convenience only, and City does not warrant that the conditions are as thus indicated. Contractor is satisfied with all job conditions, including underground conditions and has not relied on information furnished by City. 6. Hazardous Waste or Other Unusual Conditions. If the contract involves digging trenches or other excavations that extend deeper than four feet below the surface Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: A. Hazardous Waste. Material that Contractor believes may be material that is hazardous waste, as defined in section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in this contract. In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time required for, performance of any part of the work, contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. 7. Immigration Reform and Control Act. Contractor certifies it is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC sections 1101-1525) and has complied and will comply with these requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors, and consultants that are included in this Contract. 8. Prevailing Wage. Pursuant to the California Labor Code, the director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages in accordance with California Labor Code, section 1773 and a copy of a schedule of said general prevailing wage rates is on file in the office of the City Engineer, and is incorporated by reference herein. Pursuant to California Labor Code, section 1775, Contractor shall pay prevailing wages. Contractor shall post copies of all applicable prevailing wages on the job site. 9. Indemnification. Contractor shall assume the defense of, pay all expenses of defense, and indemnify and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and liability of every kind, nature and description, directly or indirectly arising from or in connection with the performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with any applicable law, rules or regulations including those relating to safety and health; and from any and all claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the sole or active negligence or willful misconduct of the City. The Revised 10/08/03 Contract No.PWGSI92 Page 26 of 113 Pages expenses of defense include all costs and expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. Contractor shall also defend and indemnify the City against any challenges to the award of the contract to Contractor, arising in whole or in part from alleged inaccuracies or misrepresentation by the Contractor, whether intentional or otherwise, and Contractor will pay all costs, including defense costs for the City. Defense costs include the cost of separate counsel for City, if City requests separate counsel. 10. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his or her agents, representatives, employees or subcontractors. Said insurance shall meet the City's policy for insurance as stated in Resolution No. 91-403. (A) Coverages And Limits Contractor shall maintain the types of coverages and minimum limits indicted herein: a. Comprehensive General Liability Insurance: $1,000,000 combined single limit per occurrence for bodily injury and property damage. If the policy has an aggregate limit, a separate aggregate in the amounts specified shall be established for the risks for which the City or its agents, officers or employees are additional insured. b. Business Automobile Liability Insurance: $1,000,000 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. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner. 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 respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the contractor; premises owned, leased, hired or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees or volunteers. All additional insured endorsements must be evidenced using separate documents attached to the certificate of insurance; one for each company affording general liability, and employers' liability coverage. b. The Contractor's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be in excess of the contractor's insurance and shall not contribute with it. Revised 10/08/03 Contract No.PWGSI 92 Page 27 of 113 Pages c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees or volunteers. d. Coverage shall state that the contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (C) Notice Of Cancellation. Each insurance policy required by this agreement shall be endorsed to state that coverage shall not be nonrenewed, suspended, voided, canceled, or reduced in coverage or limits except after thirty (30) days' prior written notice has been given to the City by certified mail, return receipt requested. (D) Deductibles And Self-Insured Retention (S.I.R.) Levels. Any deductibles or self-insured retention levels must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention levels as respects the City, its officials and employees; or the contractor shall procure a bond guaranteeing payment of losses and related investigation, claim administration and defense expenses. (E) Waiver Of Subrogation. All policies of insurance required under this agreement shall contain a waiver of all rights of subrogation the insurer may have or may acquire against the City or any of its officials or employees. (F) Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Coverages for subcontractors shall be subject to all of the requirements stated herein. (G) Acceptability Of Insurers. Insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V. Insurers must also be authorized to transact the business of insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a listing in the official publication of the Department of Insurance of the State of California and/or under the standards specified by the City Council in Resolution No. 91-403. (H) Verification Of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements affecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be in forms approved by the City and are to be received and approved by the City before the Contract is executed by the City. (I) Cost Of Insurance. The Cost of all insurance required under this agreement shall be included in the Contractor's bid. 11. Claims and Lawsuits. All claims by contractor for $375,000 or less shall be resolved in accordance with the provisions in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with section 20104) which are incorporated by reference. A copy of Article 1.5 is included in the Supplemental Provisions I section. The contractor shall initially submit all claims over $375,000 to the City using the informal dispute resolution process described in Public Contract Code subsections 20104.2(a), (c), (d). Notwithstanding the provisions of this section of the contract, all claims shall comply with the Government Tort Claim Act (section 900 et seq., of the California Government Code) for any claim or cause of action for money or damages prior to filing any lawsuit for breach of this agreement. Revised 10/08/03 Contract No.PWGS192 Page 28 of 113 Pages (A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation or in conjunction with litigation. (B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and the Contractor may be subject to criminal prosecution. (C) Government Code. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. (D) Penalty Recovery. If the City of Carlsbad seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. (E) Debarment for False Claims. Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an administrative debarment proceeding wherein the Contractor may be prevented from further bidding on public contracts for a period of up to five years. (F) 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 another jurisdiction is grounds for the City of Carlsbad to disqualify the Contractor or subcontrac- tor from participating in future contract bidding. (H) Jurisdiction. Contractor agrees and hereby stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this agreement is San Diego County, California. I have read and understand all provisions of Section 11 above. 12. Maintenance of Records. Contractor shall maintain and make available at no cost to the City, upon request, records in accordance with sections 1776 and 1812 of Part 7, Chapter 1, Article 2, of the Labor Code. If the Contractor does not maintain the records at Contractor's principal place of business as specified above, Contractor shall so inform the City by certified letter accompanying the return of this Contract. Contractor shall notify the City by certified mail of any change of address of such records. 13. Labor Code Provisions. The provisions of Part 7, Chapter 1, commencing with section 1720 of the Labor Code are incorporated herein by reference. 14. Security. Securities in the form of cash, cashier's check, or certified check may be substituted for any monies withheld by the City to secure performance of this contract for any obligation established by this contract. Any other security that is mutually agreed to by the Contractor and the City may be substituted for monies withheld to ensure performance under this Contract. 15. Provisions Required by Law Deemed Inserted. Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein and included herein, and if, through mistake or otherwise, any such provision is not inserted, or is not correctly inserted, then upon application of either party, the Contract shall forthwith be physically amended to make such insertion or correction. 16. Additional Provisions. Any additional provisions of this agreement are set forth in the Revised 10/08/03 Contract No.PWGS192 Page 29 of 113 Pages "General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof. NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE ATTACHED (CORPORATE SEAL) CONTRACTOR: COMMERCIAL & INDUSTRIAL ROOFING CO..INC. (narrj^of Contractor) icipal corporation of (sign here) Barry L. Turn/pur/ Pre (rfrint nafrr/ie and sicjn here) /^ J. Riley/ Secretary/ and Vice-President (print name and title) President or vice-president and secretary or assistant secretary must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under the corporate seal empowering that officer to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney Revised 10/08/03 Contract No.PWGSI 92 Page 30 of 113 Pages Ali Purpose California Acknowledgement State of California County of San Diego f ss. On May 22. 2006 l before me, Rebecca L. Trebil. Notary Public (Date) (Notary) personally appeared Barry L. Tumour personally known to me (or proved to mo on tho baoio of oatiofactory ovidonco) to be the person(s) whose name(es) is/a*e subscribed to the within instrument and acknowledged to me that he/oho/thoy executed the same in his/hor/thoir authorized capacity(ies), and that by his/hor/thoir signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Rebecca L. Trebil, Notary Public " 4r^3& RFRcrr?^!" SToLc-i ntDtL/C»A L. THcnlL NOTARY PUBLIC-CALIFORNIA' COMM. NO. 1387413 SAN DIEGO COUNTY • MYCOMM.EXP.NQV26.2006 | (Affix seal in the above blank space) All Purpose California Acknowledgement State of California County of San Diego ss. On May 22. 2006 l before me, Rebecca L. Trebil. Notary Public (Date) (Notary) personally appeared Neal J. Rilev , personally known to me (or proved to mo on tho basic of ootiofactory ovidonco) to be the person(s) whose name(es) is/a*e subscribed to the within instrument and acknowledged to me that he/sho/thoy executed the same in his/hor/thoir authorized capacity(ies), and that by his/hor/thoir signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OFFICIAL SEAL I REBECCA L. TREBIL s (Affix seal in the above blank space) Bond Number: 217 19 36 Premium Included in Premium Charged for Performance Bond LABOR AND MATERIALS BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2006-105, adopted APRIL 25. 2006 . has awarded to COMMERCIAL & INDUSTRIAL ROOFING CO INC (hereinafter designated as the "Principal"), a Contract for: PWGS192 - Furnishing & Installing Four New Roofs at Multiple City Structures (hereinafter called "project") in the City of Carlsbad, in strict conformity with the drawings and specifications, and other Contract Documents now on file in the Office of the City Clerk of the City of Carlsbad and all of which are incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute said Contract and the terms thereof require the furnishing of a bond, providing that if Principal or any of their subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon or about the performance of the work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, WE. COMMERCIAL & INDUSTRIAL ROOFING CO INC as Principal, (hereinafter designated as the "Contractor"), and Insurance Company of the West as Surety, are held firmly bound unto the City of Carlsbad in the sum of NINETY SEVEN THOUSAND FOUR HUNDRED NINETY FIVE Dollars ($97,495.00), 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 3181, or for amounts due under the Unemployment Insurance 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 Unemployment 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 3248. This bond shall inure to the benefit of any of the persons named in California Civil Code section 3181, 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 thereunder or the specifications accompanying the same shall affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alterations or addition to the terms of the contract or to the work or to the specifications. 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. Revised 10/08/03 Contract No.PWGS192 Page 31 of 113 Pages Executed by CONTRACTOR this 16th day of _ May _ , 20 nfi . CONTRACTOR: COMMERCIAL & INDUSTRIAL ROQflING CO. ,INC. _ Executed by SURETY this 1 5 day of May • 20 pg. SURETY: Insurance Company nf i-he* wogt-! of Surety) (sign here) Barry L. Turnour (name 11455 El Camino Real San Diego,CA (address of Surety) 92130 858-350-2400 (print name here) -i r^ont- (telephone number of Surety) jt[e ajajd organization By: here Neal J. Riley (print name here) Secretar (signature ToOfttorttey^jn-Fact) __ (printed name of Attorney-in-Fact) (attach corporate resolution showing current power of attorney) (title and organization of signatory) (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: RONALD R. BALL City Attorne; By: Deputy City Attorney Revised 10/08/03 Contract No.PWGS192 Page 32 of 113 Pages All Purpose California Acknowledgement State of California County of San Diego ss. On May 17. 2006 (Date) personally appeared before me, Rebecca L. Trebil. Notary Public (Notary) Barry L. Tumour personally known to me (or provod to mo on tho baoio of oatiofactory ovidonco) to be the person(s) whose name(es) is&fe subscribed to the within instrument and acknowledged to me that he/oho/thoy executed the same in his/hor/thoir authorized capacity(4es), and that by his/hor/thoir signature(s) on the instrument the person(e), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. l, Notary Public OFFICIAL SEAL I , REBECCA L. TREBIL J NOTARY PUBLIC-CALIFORNIAS>1 COMM. NO. 1387413 rSAN DIEGO COUNTY • MY COMM. EXP. NOV 26,2006 I (Affix seal in the above blank space) All Purpose California Acknowledgement State of California County of San Diego ss. On May 1 7. 2006 (Date) personally appeared before me, Rebecca L. Trebil. Notary Public (Notary) Neal J. Rilev personally known to me (or proved to mo on tho baoio of oatiofoctory ovidonco) to be the person(s) whose name(«s) isfefe subscribed to the within instrument and acknowledged to me that he/oho/thoy executed the same in his/hor/thoir authorized capacity(ies), and that by his/hor/thoir signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. OFFICIAL SEAL I REBECCA L TREBIL JINOTARY PUBLIC-CALIFORNIAR1 COMM. NO. 1387413 5- SAN DIEGO COUNTY • MY COMM. EXP. MOV 26,2006 I Rebecca L. Trebil, Notary Public (Affix seal in the above blank space) No. 0004150 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint MARK RUBIN, KIKI VELASQUEZ their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President State of California County of San Diego ss. On August 29, 2005, before me, Francis Fafaul, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. FRANCIS FAFAUL I£SAN u u/> Francis Fafaul, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE I, the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty art: Surety Company, do hereby certify that the foregoing Power of Attorney is in full force and effect, and has not been revoked, and that the above resoJatkms wers duly adopted by the respective Boards of Directors of the Companies, and are now in rail force. IN WITNESS WHEREOF, 1 have set my hand this 1 5 day of _May John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1 -800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individuals) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Cammo Real, San Diego, CA 92130-2045 or call (858) 350-2400. State of California County of San Diego On before me, Beverly J. Oliver, Notary Public, personally appeared Kiki Velasquez, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. BEVERLY J. OLIVER Commission # 1442674 Notary PubSc - CoWomta Son Otogo County MyComm.6cp*wSep30.2007 Description of document: Labor JHoAfr l Capacity claimed by signer: Attorney-in-Fact Bond Number: 217 19 36 Bond Premium: $878.00 FAITHFUL PERFORMANCE/WARRANTY BOND WHEREAS, the City Council of the City of Carlsbad, State of California, by Resolution No. 2006-105, adopted APRIL 25. 2006 . has awarded to COMMERCIAL & INDUSTRIAL ROOFING CO INC (hereinafter designated as the "Principal"), a Contract for: PWGS192 - Furnishing & Installing Four New Roofs at Multiple City Structures (hereinafter called "project") 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 for the faithful performance and warranty of said Contract; NOW, THEREFORE, WE. COMMERCIAL & INDUSTRIAL ROOFING CO INC as Principal, (hereinafter designated as the "Contractor"), and Insurance Company of the West as Surety, are held firmly bound unto the City of Carlsbad in the sum of NINETY SEVEN THOUSAND FOUR HUNDRED NINETY FIVE Dollars ($97,495.00), 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 above bounden Contractor, their heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof made as therein provided on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Carlsbad, its officers, employees and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall remain in full force and effect. As a part of the obligation secured hereby and in addition to the lace amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall affect its 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. Revised 10/08/03 Contract No.PWGS192 Page 33 of 113 Pages In the event that Contractor is an individual, it is agreed that the death of any such Contractor shall not exonerate the Surety from its obligations under this bond. Executed by CONTRACTOR this 16th day of May , 20 06 . CONTRACTOR: COMMERCIAL & INDUSTRIAL ROOFING CO./INC. ''(name of Contractor) (sign here) j T. . Tnynonv (print name here) (Title and Organization of Signatory) (sign here) 1 ,T . Pi 1 oy (print name here) Secretary Executed by SURETY this day of ., 20_oj5_ SURETY: fompany nf i~hp (name of Surety) 11455 El Camino Real San Diego, CA (address of Surety) 858-350-2400 92130 (telephone number of Surety) B^OJCL OlOf&J^-x^ (signature ofA&orneyyn-Fact) Kiki (printed name of Attomey-in-Fact) (Attach corporate resolution showing current power of attorney.) (Title and Organization of signatory) (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: RONALD R. BALL City Attorney By: Deputy City Attorne Revised 10/08/03 Contract No.PWGSI92 Page 34 of 113 Pages All Purpose California Acknowledgement State of California County of San Diego ss. On May 17. 2006 (Date) personally appeared before me, Rebecca L. Trebil. Notary Public (Notary) Barry L. Tumour personally known to me (or provod to mo on tho baoio of oatiofaotory ovidonoo) to be the person(s) whose name(es) is^e subscribed to the within instrument and acknowledged to me that he/oho/thoy executed the same in his/hor/thoir authorized capacity(*es), and that by his/hor/thoir signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Rebecca L. TrebTT, Notary^ublic OFFICIAL SEALREBEC^AL^REBIL^ SAN^DIEGO COUNTY MYCOMM.EXP.NOV 26,2006 (Affix seal in the above blank space) All Purpose California Acknowledgement State of California County of San Diego ss. On May 17. 2006 (Date) personally appeared before me, Rebecca L. Trebil. Notary Public (Notary) Neal J. Rilev personally known to me (or proved to mo on tho baoio of oatiofactory ovidonco) to be the person(s) whose name(es) \stefe subscribed to the within instrument and acknowledged to me that he/oho/thoy executed the same in his/hor/thoir authorized capacity(i«s), and that by his/hor/thoir signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Rebecca L. Trebil, Notary Public OFFICIAL SEAL REBECCA L. TREBIL (Affix seal in the above blank space) No. 0004150 ICW GROUP Power of Attorney Insurance Company of the West The Explorer Insurance Company Independence Casualty and Surety Company KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West, a Corporation duly organized under the laws of the State of California, The Explorer Insurance Company, a Corporation duly organized under the laws of the State of Arizona, and Independence Casualty and Surety Company, a Corporation duly organized under the laws of the State of Texas, (collectively referred to as the "Companies"), do hereby appoint MARK RUBIN, KIKI VELASQUEZ their true and lawful Attomey(s)-in-Fact with authority to date, execute, sign, seal, and deliver on behalf of the Companies, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. In witness whereof, the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January, 2001. INSURANCE COMPANY OF THE WEST THE EXPLORER INSURANCE COMPANY INDEPENDENCE CASUALTY AND SURETY COMPANY John H. Craig, Assistant Secretary John L. Hannum, Executive Vice President State of California County of San Diego ss. On August 29, 2005, before me, Francis Fafaul, Notary Public, personally appeared John L. Hannum and John H. Craig, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the entity upon behalf of which the persons acted, executed the instrument. FRANCIS FAFAUL I Witness my hand and official seal. Francis Fafaul, Notary Public RESOLUTIONS This Power of Attorney is granted and is signed, sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the respective Boards of Directors of each of the Companies: "RESOLVED: That the President, an Executive or Senior Vice President of the Company, together with the Secretary or any Assistant Secretary, are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attomey(s)-in-Fact to date, execute, sign, seal, and deliver on behalf of the Company, fidelity and surety bonds, undertakings, and other similar contracts of suretyship, and any related documents. RESOLVED FURTHER: That the signatures of the officers making the appointment, and the signature of any officer certifying the validity and current status of the appointment, may be facsimile representations of those signatures; and the signature and seal of any notary, and the seal of the Company, may be facsimile representations of those signatures and seals, and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping, printing, typing, or photocopying." CERTIFICATE L the undersigned, Assistant Secretary of Insurance Company of the West, The Explorer Insurance Company, and Independence Casualty and Surety Company, do hereby certify that the foregoing Power of Attorney is in fiill force and effect, and has not been revoked, and that the above resolutions were duly adopted by the respective Boards of Directors of the Companies, and are now in full force. 15IN WITNESS WHEREOF, I have set my hand this day of May 2QQ6 John H. Craig, Assistant Secretary To verify the authenticity of this Power of Attorney you may call 1 -800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number, the above named individual(s) and details of the bond to which the power is attached. For information or filing claims, please contact Surety Claims, ICW Group, 11455 El Camino Real, San Diego, CA 92130-2045 or call (858) 350-2400. State of California County of San Diego On before me, Beverly J. Oliver, Notary Public, personally appeared Kiki Velasquez, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. BEVERLY J. OLIVER Commission # 1442674 Notary Public -Coltomta Son Dtego Courtly MyCornm.ExplmiS«p30.2007 Description of document: r£f OfmoriCg. Capacity claimed by signer: Attorney-in-Fact r OPTIONAL ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the City of Carlsbad whose address is 1200 Carlsbad Village Drive, Carlsbad, California, 92008, hereinafter called "City" and whose address is hereinafter called "Contractor" and whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the City, Contractor and Escrow Agent agree as follows: 1. Pursuant to sections 22300 and 10263 of the Public Contract Code of the State of California, the Contractor has the option to deposit securities with the Escrow Agent as a substitute for retention earnings required to be withheld by the City pursuant to the Construction Contract entered into between the City and Contractor PWGS192 - Furnishing & Installing Four New Roofs at Multiple City Structures in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the /""~ securities as a substitute for Contract earnings, the Escrow Agent shall notify the City within 10 days of the deposit. The Escrow Agent shall maintain insurance to cover negligent acts and omissions of the Escrow Agent in connection with the handling of retentions under these sections in an amount not less than $100,000 per contract. The market value of the securities at the time of the substitution shall be a least equal to the cash amount then required to be withheld as retention under the terms of the contract between the City and Contractor. Securities shall be held in the name of the 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. 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. Revised 10/08/03 Contract No.PWGS192 Page 35 of 113 Pages r 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: Title FINANCE DIRECTOR Name Signature Address _ For Contractor: Title Name Signature Address _ For Escrow Agent: Title Name Signature Address At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Revised 10/08/03 Contract No.PWGS192 Page 36 of 113 Pages IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. For City:Title Name Signature Address MAYOR For Contractor:Title Name Signature Address For Escrow Agent:Title Name Signature Address Revised 10/08/03 Contract No.PWGSI 92 Page 37 of 113 Pages City of Carlsbad Public Works March 20, 2006 ADDENDUM NO. 1 RE: FURNISHING & INSTALLING FOUR NEW ROOFS AT MULTIPLE CITY STRUCTURES BID NO. PWS06-25FAC, CONTRACT NO. Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum-receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Buyer KD:rh Attachment I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1 COMMERCIAL & INDUSTRIAL ROOFING CO.,INC, esident Bidder's Signature Barry L. Turnour 1635 Faraday Avenue • Carlsbad, CA 92OO8-7314 • (76O) 6O2-273O • F^AX (760) 602-8562 ADDENDUM No. 1 March 16, 2006 BID NO.: PWS06-25FAC PROJECT NO: PWGS192 PROJECT NAME: PROVIDE & INSTALL FOUR NEW ROOFS AT MULTIPLE CITY STRUCTURES 1. ADD: Pages 85-113 Original document was incomplete.: A. Asphalt Primer: ASTMD41. B. Cold-Applied Adhesive: Roofing system manufacturer's standard asphalt-based, 1-part asbestos-free, cold-applied adhesive specially formulated for compatibility and use with built-up roofing membranes and flashings. Each container labeled with UL and FM logos indicating material was manufactured under the specified UL and FM quality assurance programs. 1. Asbestos Content ASTM D 276 None 2. Viscosity ASTM D 2196 80,000-200,000 cP 3. Density: ASTM D1475 8.1 Ib/gal 4. VOC ASTM D 3960 Compliant with local building codes 3.6 AUXILIARY ROOFING MEMBRANE MATERIALS A. General: Auxiliary materials recommended by roofing system manufacturer for intended use and compatible with built-up roofing. B. Asphalt Roofing Cement: ASTM D 4586, asbestos free, of consistency required by roofing system manufacturer for application. C. Fasteners: Factory-coated steel fasteners and metal or plastic plates meeting corrosion-resistance provisions in FM 4470; designed for fastening roofing membrane components to substrate; tested by manufacturer for required pullout strength; and acceptable to roofing system manufacturer. D. Miscellaneous Accessories: Provide miscellaneous accessories recommended by roofing system manufacturer. E. Provide preformed saddles, crickets, tapered edge strips, and other insulation shapes where indicated for sloping to drain. Fabricate to slopes indicated. 1. Provide positive drainage through entire valley areas. 2. Polyisocyanurate cricket material with 1/2 inch thick cellulosic-fiber cover board. PART 4 - EXECUTION 4.1 EXAMINATION A. Examine substrates, areas, and conditions, with Installer present, for compliance with the following requirements and other conditions affecting performance of roofing system: 1. Verify that roof openings and penetrations are in place and set and braced and that roof drains are securely clamped in place. 2. Verify that wood cants, blocking, curbs, and nailers are securely anchored to roof deck at penetrations and terminations and that nailers match thicknesses of insulation. Revised 03/16/06 Contract No.PWGSI92 Page 85 of 113 Pages 3. Verify that deck is securely fastened with no projecting fasteners and with no adjacent units in excess of 1/16 inch (1.6 mm) out of plane relative to adjoining deck. 4. Proceed with installation only after unsatisfactory conditions have been corrected. 4.2 PREPARATION A. Clean substrate of dust, debris, moisture, and other substances detrimental to roofing installation according to roofing system manufacturer's written instructions. Remove sharp projections. B. Prevent materials from entering and clogging roof drains and conductors and from spilling or migrating onto surfaces of other construction. Remove roof-drain plugs when no work is taking place or when rain is forecast. 4.3 ROOFING MEMBRANE INSTALLATION, GENERAL A. Install roofing system in accordance with manufacturer's recommendations. B. Install roofing membrane, base flashings, and component materials in compliance with requirements in FMG 4450 and FMG 4470 as part of a membrane roofing system as listed in FMG's "Approval Guide" for fire/windstorm classification indicated. Comply with recommendations in FMG Loss Prevention Data Sheet 1-49. C. Install roofing system in accordance with the following NRCA Manual Plates and NRCA recommendations; modify as required to comply with requirements of FMG references above: 1. Metal Parapet Cap (Coping) and Base Flashing: Plates BUR-1 and BUR-1 S. 2. Embedded Edge Metal Flashing: Plates BUR-3 and BUR-3S. 3. Surface-mount Counter flashing: Plates BUR-4 and BUR-4S. 4. Base Flashing for Wall Supported Deck: Plates BUR-5 and BUR-5S. 5. Base Flashing for Vented Base Sheet: Plates BUR-5A and BUR-5AS. 6. Expansion Joint with Metal Cover: Plates BUR-7 and BUR-7S. 7. Expansion Joint with Pre-Manufactured Cover: Plates BUR-7A and BUR-7 AS. 8. Equipment Support Curb: Plates BUR-9 and BUR-9S. 9. Equipment Support Stand with Typical Rain Collar: Plates BUR-11 and BUR- 11S. 10. Raised Curb Detail: Plates BUR-13 and BUR-13S. 11. Skylight, Scuttle, and Smoke Vent: Plates BUR-14 and BUR 14S. 12. Isolated Stack Flashing: Plates BUR-17A and BUR-17AS. 13. Plumbing Vent: Plates BUR-18 and BUR-18S. 14. Penetration Pocket: BUR-19 and BUR-19S. 15. Roof Drain: BUR-20 and BUR-20S. 16. Gutter: BUR-22 and BUR-22S. D. Start installation of built-up roofing membrane in presence of roofing system manufacturer's technical personnel. Revised 03/16/06 Contract No.PWGS192 Page 86 of 113 Pages E. Where roof slope exceeds 2 inch per 12 inches (1:12), install sheets of built-up roofing membrane parallel with slope. 1. Backnail roofing membrane sheets to substrate according to roofing system manufacturer's written instructions. F. Cooperate with testing and inspecting agencies engaged or required to perform services for installing built-up roofing system. G. Coordinate installing roofing system components so insulation and roofing membrane sheets are not exposed to precipitation or left exposed at the end of the workday or when rain is forecast. 1. Provide tie-offs at end of each day's work to cover exposed roofing membrane sheets and insulation with a course of coated felt set in roofing cement or hot roofing asphalt with joints and edges sealed. 2. Complete terminations and base flashings and provide temporary seals to prevent water from entering completed sections of roofing system. 3. Remove and discard temporary seals before beginning work on adjoining roofing. H. Cold Process Asphalt Heating PRODUCT DATA SHEET 1 - An in-line heat exchange unit may be used to facilitate application 1. Do not exceed maximum adhesive temperature of 100° F. 2. Heat exchange unit: Use heat transfer oil approved by heating equipment manufacturer. 3. Follow operation procedures recommended by heating equipment manufacturer. A. Substrate-Joint Penetrations: Prevent roofing asphalt from penetrating substrate joints, entering building, or damaging roofing system components or adjacent building construction. 4.2 ROOFING MEMBRANE INSTALLATION A. Loosely lay one course of sheathing paper, lapping edges and ends a minimum of 2 inches and 6 inches, respectively. B. Install one lapped course of ply sheet, extending sheet over and terminating beyond cants. Attach ply sheet as follows: 1. Mechanically fasten to substrate according to FM 1-49 requirements. C. Install one lapped course of roofing membrane ply sheet, extending sheet over and terminating beyond cants. 1. Adhere ply sheet in a solid coating of cold applied adhesive at a rate required by manufacturer. Revised 03/16/06 Contract No.PWGSI 92 Page 87 of 113 Pages D. Cap Sheet: Install lapped granulated cap sheet starting at low point of roofing system. Offset laps from laps of preceding ply sheets and align cap sheet without stretching. Lap in direction to shed water. Extend cap sheet over and terminate beyond cants. 1. Adhere to substrate in a solid coating of cold applied adhesive at a rate required by manufacturer. 4.3 FLASHING AND STRIPPING INSTALLATION A. Install base flashing over cant strips and other sloping and vertical surfaces, at roof edges, and at penetrations through roof, and secure to substrates according to roofing system manufacturer's written instructions and as follows: 1. Prime substrates with asphalt primer if required by roofing system manufacturer. 2. Flashing Sheet Application: Adhere to backer sheet in flashing adhesive. B. Extend base flashing up walls a minimum of 8 inches above roofing membrane and 6 inches onto field of roofing membrane. C. Mechanically fasten top of base flashing securely at terminations and perimeter of roofing. 1. At parapets walls, extend flashing sheet up entire wall and mechanically fasten at outside edge of nailer below coping cap. 2. At high parapet walls, extend flashing sheet up wall 8-12 inches above roofing membrane and secure edge with sealant tape and termination bar fastened at 8 inches O/C. 3. Install 24 ga. galvanized metal counter flashing at all vertically terminated base flashings. D. Install 4 inch and 6 inch stripping plies where metal flanges and edgings are set on built-up roofing. 1. Set in flashing adhesive. E. Install all edge metal, metal counter flashing, and metal coping according to NRCA details and industry standards. F. Pipe penetrations: Install split lead flashing and strip in edges same as metal edges. G. Irregular penetrations: Use Chem Curb flashing component system. H. Roof Drains: Set 30-by-30-inch (760-by-760-mm) 4 Ib. lead flashing in bed of asphalt roofing cement on completed roofing membrane. Cover metal flashing with stripping and extend a minimum of 4 inches (100 mm) beyond edge of metal flashing onto field of roofing membrane. Clamp roofing membrane, metal flashing, and stripping into roof-drain clamping ring. 1. Install stripping of not less than two roofing membrane ply sheets, each set in a continuous coating of asphalt roofing cement. 4.4 FIELD QUALITY CONTROL Revised 03/16/06 Contract No.PWGSI 92 Page 88 of 113 Pages A. Final Roof Inspection: Arrange for roofing system manufacturer's technical personnel to inspect roofing installation on completion and submit report to Architect or Owner. 1. Notify Architect or Owner 48 hours in advance of date and time of inspection. B. Repair or remove and replace components of roofing system where test results or inspections indicate that they do not comply with specified requirements. C. Additional testing and inspecting, at Contractor's expense, will be performed to determine compliance of replaced or additional work with specified requirements. 4.5 PROTECTING AND CLEANING A. Protect roofing system from damage and wear during remainder of construction period. When remaining construction will not affect or endanger roofing, inspect roofing for deterioration and damage, describing its nature and extent in a written report, with copies to Architect and Owner. B. Correct deficiencies in or remove roofing system that does not comply with requirements, repair substrates, and repair or reinstall roofing system to a condition free of damage and deterioration at time of Substantial Completion and according to warranty requirements. C. Clean over spray and spillage from adjacent construction using cleaning agents and procedures recommended by manufacturer of affected construction. 4.6 SUBSTITUTION REQUEST QUESTIONNAIRE STATEMENT: It is the intent of the City of Carlsbad to provide the students, faculty and taxpayers with long-term roof assemblies installed by qualified applicators. We prefer to consider roof systems that have proven records of satisfactory performance in the Southwestern Coastal climate. We consider only complete waterproofing systems to limit potential warranty problems. The preferred standard is to have roofing contractors who are certified by the roof system manufacturer under an ISO 9001 Quality Assurance Program and who have ample past experience installing the specified roof systems. Acceptable substitution item(s) will be covered by an Addendum issued to all Bidders. Submit the following information with this form: 1. A sample copy of the Warranty. 2. A proposal for Field Reports listing information on inspections, cost (if any) of ser- vices, and a proposed schedule for site visits (include a sample Warranty Inspection report). 3. A complete set of specifications and detail drawings for each roof area, or roof areas (specify or climactic region), for alternate system(s). Specification should include ma- terial installation methods for roof membrane and substrate insulation, and all ancil- lary work including but not limited to sheet metal flashing and counter flashing, car- pentry, and plumbing. 4. MSDS sheets, Data sheets, UL ratings and related samples for all materials pro- Revised 03/16/06 Contract No.PWGSI 92 Page 89 of 113 Pages posed for use in the alternate system including but not limited to all insulation, sheet goods, insulation, adhesives, flashing, mastics, coatings and surfacing materials. The following questions are designed to assist us in evaluating the total system(s) proposed or the roofing contractor installing the system(s). Please Note: All data requested must be to Saddleback Valley USD before the deadlines stated in the specification but no later than 96 hours prior to bid closing. Provide a complete but concise description of the proposed system, which includes all product names and application rates for all insulation, adhesives, felts, mastics, coatings, and flashings. Provide Spec Data Sheets on all products. (Example: 1.5@ iso and 2@ six side coated fiber board mechanically attached @ 16 fast. Per board, 2 plies Brand X polyfelt polyester ply sheet, set in Brand X type IV asphalt at ## Ib per 100 sq.ft., 2 plies Brand X glassfelt type VI fiberglass ply sheet, set in Brand X type IV asphalt at ## Ib per 100 sq.ft., with glaze coat of Brand X type IV asphalt at ## Ib per 100 sq.ft., surfaced with Brand X adhesive @ ## gal per 100 sq.ft. and gravel. Flashing material Brand X flash ply flashing sheet set in Brand F FlashStick flashing adhesive @ ##gal 7100 sq.ft.. Flashing surfaced with Brand X ReflectoCoat reflective coating @ ## gal per 100 sq.ft. Stripping mastic: Brand X Mastic, Stripping Ply : Brand X StrippingPly) THE SYSTEM List 4 projects on similar facilities at least 5 years old, that have the same system, components and materials as is being proposed. Buildings must be within 50 miles of the project and be available for inspection by the City/architect: Project Contact Phone Sq Ft RoofSd FtCore? 1. 2. 3. 4. (Y/N) Y/N Y/NY/N Does the installation of the proposed system require open flames? (Y/N) Is the proposed system listed in the UL Fire Rating book? (Y/N) If yes: Year Page Number If no, attach copy of certified fire rating. (Note: Non- fire rated systems will NOT be considered) Is the proposed system approved by Factory Mutual? (Y/N) Revised 03/16/06 Contract No.PWGSI 92 Page 90 of 113 Pages Do any of the products proposed contain Asbestos? (Y/N) If yes, list those products: Who is the Warranting Manufacturer for the proposed system: If different from specified approved manufacturer fill out the "WARRANTING MANUFACTURER" section ) What is the warranty period for the proposed roof system? Years Does the warranty include failure of: Yes No Membrane Base flashing Insulation Fasteners Adhesive Caulking Metal penetration flashing Sheet metal counter flashing Perimeter metal flashing Metal copping Metal Wall Panels Metal Reglets Does the Warranty include cost of repairs resulting from: Yes No Inferior labor Material failure Movement of insulation Moisture infiltration into system Winds Up to what speed: mph Are the following services included in the warranty: Yes No Maintenance and repair of roof system Periodic roof inspections Periodic house keeping of roof areas Periodic roof condition reports 24 hour leak reporting hot line Revised 03/16/06 Contract No.PWGS192 Page 91 of 113 Pages Is there a dollar limit on the warranty? (Y/N) If so, what $ Does the manufacturer's warranty include a 15-Year bi-annual Preventive Maintenance program with 24 hour leak response? (Y/N) At what charge per leak visit? $ Does warranty cover all roof related materials & accessories not manufactured by the warranting Company? (Y/N) If no, what materials in the proposed system will not be covered? 1. 2. 3. 4. 5. List all warranty exclusions: 1. 2. 3. 4. 5. Is this warranty: (check one) Segmented into conditional renewable warranty periods or Continuous coverage with no conditions CONTRACTOR REQUEST Name of Company: Address: Phone: Website: How long has this company been installing the proposed type of roofing systems? Year Does the warranting manufacturer to install the proposed roofing system certify your company? (Y/N) If yes, year of initial certification: Revised 03/16/06 Contract No.PWGSI 92 Page 92 of 113 Pages Has this company ever declared bankruptcy or filed for debt protection in any state or federal court? (Y/N) If yes: Year: Location: Do any of the officers, financial partners or employees of this company have vested interests in any other construction related companies? (Y/N) If yes: list names and address of companies: Have your company's employees received instruction/training from certifying manufacturer related to installation techniques for proposed system? (Y/N) If yes, date of training: List Three (3) completed roof projects installed by your company with the same products and configuration as the proposed system. The systems must be within 75 miles, and must be available for inspected by the 's representative. Facility Name and Location Contact Person/Phone Size Date 1. 2. 3. List three 3 problem jobs and contact person: Job 1: Problem: Age of roof: Company: Person to Contact: Phone Number:, Corrective Meaures: Revised 03/16/06 Contract No.PWGS192 Page 93 of 113 Pages Job 2: Problem: Age of roof: Company: Person to Contact: Phone Number:, Corrective Meaures: Job 3: Problem: Age of roof: Company: Person to Contact: Phone Number: Corrective measures: WARRANTING MANUFACTURER Name of Company: Address: Phone: Website: Company's Local Representative: Name: Address: Years with Company: Years How long has this company manufactured roofing systems? Years Who monitors the installation of warranted roof systems for this company? (check all that apply) Local Sales Rep. Company's Technical Services Rep. Other Revised 03/16/06 Contract No.PWGSI 92 Page 94 of 113 Pages Is there a structured contractor training program to educate workers on techniques for applying their systems? (Y/N) If yes: is the training mandatory for approved/certified contractors (Y/N) Has this company ever declared bankruptcy or filed for debt protection in any state or federal court? (Y/N) If yes: Year: Location: What is the Dollar amount of your companies Product Liability insurance? $ Does the company supply and warrant ALL the products (including deck, insulations, fasteners, adhesives, felts, coatings, flashing, and counter flashing) required to install the proposed roof system? (Y/N) If no, list items by others including manufacturer: 1. 2. 3. 4. 5. Does the manufacturer offer a segmented warranty period? (Y/N) (vs. continuous coverage) If yes, what length are the segments: Years List the conditions and customer responsibilities for renewal at each segment: Is the owner required to re-apply for additional warranty periods? (Y/N) If yes, how many times over the course of the submitted warranty period? Every Years List terms & coverage of the manufacturer's Preventive Maintenance program: Does the Preventive Maintenance program include 24-hour leak response? (Y/N) At what cost per leak visit? $ Revised 03/16/06 Contract No.PWGSI 92 Page 95 of 113 Pages List 4 contractors with 5 years minimum experience that are certified to install your roof systems that would be willing to work in this area: Contractor Address Phone Years Certified Submitted By: Contractor: Address: By: Title: Signed: Date: SECTION 07520 -ASPHALT COMPOSITION SHINGLES* *(This section applies to the Cultural Arts Center, Fire Station #3, and Heritage Hall) PART 1 - GENERAL 1 .01 Description of Work A. Scope: 1. The extent of the Asphalt Shingle Roofing system work is indicated by the provi- sions of this Section and is specified elsewhere in this manual as follows; a. All Division 1 specifications shall form a part of this and all other sections of these specifications. b. Section 07600 Sheet Metal Components c. Section 06100 Associated Rough Carpentry Revised 03/1 6/06 Contract No.PWGSI 92 Page 96 of 1 1 3 Pages B. System Description: 1. The new roof shall consist of a SPECIAL ULTRA STRONG underlayment sheet (non-perforated), dimensional 40 year warranted asphalt shingle roof system. The shingle underlayment shall be applied over the substrate as indicated in this Sec- tion. 2. Related products and systems are specified in Section 07520, Part 2 - Products, Materials. 3. The base bid shall include all work as specified in Section 07520, Part 2, Prod- ucts, 2.01. PART 2 - PRODUCTS 2.01 Acceptable Manufacturers A. The following roofing and flashing specifications are based on the Celotex Corporation, Presidential 40 year warranted shingle, roofing and flashing systems, or approved alternate manufacturers materials equal in quality. 1. Primary Asphalt Shingle: a. GAF, Timberline, 40 year warranty b. Or approved equal. 2. Base Sheet: a. Tremco Incorporated Matt Fugmann, 760-271.5622 2.02 Sheet Materials A. High tensile, tear and U.V resistant modified bituminous base sheet BURMASTIC MODIFIED SUPREME COMPOSITE PLY. Mechanically fastened to the deck as rec- ommended by manufacturer's specification. Call Manufacturer for availability B. Smooth roll roofing, as manufactured by Celotex Corporation or approved equal, 36" wide rolls, 2.03 Bituminous Materials A. Plastic Roof Cement ASTM D-4586-86. 2.04 Fasteners A. Barbed hot dip zinc or galvanized roofing nails driven through one inch diameter tin caps, large head manufactured by Simplex or equal, nails to be applied in accordance with Revised 03/16/06 Contract No.PWGS192 Page 97 of 113 Pages manufacturers recommended spacing and installation specification for undertayment installation. B. Barbed hot dip zinc or galvanized roofing nails may be used for shingle attachment, mechanical attachment methods may be used only with the approval of the City of Carlsbad. ABSOLUTELY NO STAPLES MAY BE USED ON ANY PART OF THIS PROJECT. PART 3 - EXECUTION 3.01 Roof Preparation A. The work includes but is not limited to complete removal of the existing roof system, base flashings, underlayment, flanged metal, etc. down to the bare deck. A complete removal is specified in this manual all materials shall be removed, the deck shall be inspected for any rotted lumber, structural members or any other deficiencies in the roof substrate. B. Prior to commencement of the new roofing material installation, the Contractor shall ensure the Owner that the substrate is ready to accept the new roofing materials in accordance with the specifications, and the Contractor can comply with the Contract Documents. If any deficiencies are noted at the time of removal, the Contractor shall notify the Owner, prior to installation of new roofing materials. Proceeding without the consent of the Owner shall be the responsibility of the Contractor. Material installed prior to the Owner approval on substrates which are damaged, rotted or otherwise unaccept- able, may be deemed as non-compliance with the Contract Documents and be removed and replaced after proper deck and substrate corrections have bee completed at the expense of the Contractor. C. The Contractor shall make a site inspection prior to removal of the existing roofing materials, to ensure a clean, safe removal operation. Any damages to the exterior of the building or finished surfaces which are not documented by the Contractor prior to the removal of the existing roofing materials shall become the responsibility of the Contrac- tor, and shall be corrected at the Contractor's expense. D. The Contractor shall remove only as much of the existing waterproofing and roofing materials each day, which can be replaced, prior to leaving the job site each day. The Contractor shall maintain a waterproof condition each day of the completion period. E. The Contractor shall be responsible or shall coordinate the removal as agreed with the Owner, relocate, raise or otherwise facilitate the work, all mechanical, electrical, plumb- ing, ventilation, decorative materials, decks, or any obstructions, which may prevent completion of the work as specified. All mechanical, electrical, plumbing, ventilation, decorative materials, decks shall be replaced to their original place, in substantially the same condition as pre-commencement condition. F. The Contractor shall examine the existing heater vents to assure the proper removal of the roofing material and the protection of the interior of the buildings as a result of roofing material, dirt, dust that may damage the interior during removal. The Contractor shall notify the Owner prior to completing the work. Any gutter or downspout or drain which becomes filled with and roofing debris whatsoever shall be cleaned and repaired by the Revised 03/16/06 Contract No. PWGS192 Page 98 of 113 Pages City of Carlsbad October 2005 Contractor at no additional cost to the Owner. In the event gutter or downspouts shall be removed during the tear off, such gutter and downspout shall be re-installed with proper slope to allow drainage. The gutter assemblies shall be inspected prior to commencement of the roofing work. Any damage to the gutters not noted prior to commencement of the work shall be determined to be the result of damage caused during installation or removal of the existing roof and shall be repaired at the sole expense of the Contractor. All joints shall be sealed with approved sealant and all hangers or spikes shall be installed to restore gutters and downspouts to their original condition. 3.03 Installation of Felt Underlayment A. Beginning on the low, drip edge of the roof the felt shall overhang the drip edge approximately 3/8". Nail underlayment minimum 24" O.C with approved fasteners. If roofing felt is to be left as the primary waterproofing overnight, nail 18" O.C with approved fasteners. No felt underlayment shall be left exposed for more than 48 hours. If damage occurs to felt left exposed due to wind or other conditions which cause tears, splits the felt shall be removed and replaced with a minimum of 24" overlap over existing felt which is undamaged. B. Standard hot dip zinc roofing nails through tin caps or 1" minimum large head Simplex type fasteners shall be used to secure felt underlayment sheet to the deck. C. To minimize wrinkles in the felt underlayment sheet application, the felt shall be pulled tight and placed in position prior to nailing to prevent any wrinkles, fishmouths to provide a smooth surface for shingle application. Overlap each course of felt underlayment minimum 2" in shingle fashion over preceding course or as recommended by manufac- turer. D. The roof deck shall be free of any protrusion, which may cause voids between the roof deck and the felt underlayment sheet application. All nails, uneven deck joints shall be secured and leveled prior to application of the base sheet. 3.04 Application of Starter Course A. Beginning at the lowest point of the rake, apply the 22" base roll and nail every 6" in a row 4" with the left rake and project 3/8" beyond the eave. Continue with full length rolls nailing all rolls in a line 6' above the eave edge starting with a nail 2" from the end and placed on 6" centers. If more than one roll of starter is needed, trim back the first roll so that the seam will be covered by a shingle tab and butt the second roll up to it and continue across the eave of the roof. B. Starter plies should be cut to dimensions so as to preclude coincident side laps to the felt underlayment. 3.05 Application of Asphalt Shingles A. Beginning on the lowest point of the roof over the starter course, nail shingles with approved fasteners. Start shingle application to the left and fill in to the right to establish shingle pattern. City of Carlsbad October 2005 B. Each shingle shall be placed adjacent to the preceding shingle to allow proper alignment with the off-sets, the shingles shall be installed in a straight line with (5) nails per shingle on the nailing guide markings. C. Absolutely no nails shall be nailed to exposed surfaces, drain slots or edges of the shingles. 3.06 Valley Installation A. All valley installation shall be "Closed Cut" style. Install 26 gauge galvanized valley metal to extend approximately 2 1/2" beyond the lowest point of the valley to allow adequate drip edge drainage into gutter or open drainage. Shingle one side of the valley extending shingles up the opposite side of the valley roof surface 12" minimum. Shingle opposite side of the valley and overlap shingles. Trim shingle edges 45 degrees to allow drainage into the valley. Seal both sides of the shingle underside to the valley metal with minimum 3" bed of continuous roofing cement to seal shingle to valley metal. 3.07 Hips and Ridges A. Use CELOTEX CORPORATION "Cap it Al" Hip and Ridge shingles for all hip and ridge applications. Install the ridge shingles, blind nailing with approved fasteners, nailing 1" from each side of the counter flashed shingle 5 1/2" from the exposed end. 3.08 Flashing Installation A. General Flashing Specification: 1. All flashings must be completed daily. 2. All flashings no specifically detailed herein will be applied in accordance with the manufacturer's specifications. B. Contractor shall install flashing at vertical wall , chimney and associated surfaces which abut the roof system in the following manner: 1. All flashings shall be replaced with the exception of the flashing which has been embedded in stucco on the wall surfaces. 2. Pipe flashings and associated vents shall be replaced as specified in Section 07620 of this manual. 3.07 Safety Measures A. The Contractor shall be responsible for exercising reasonable care and shall follow all state, federal or local safety regulations. City of Carlsbad October 2005 PART 4 WARRANTY 4.01 Manufacturers Limited Warranty A. The Contactor shall provide necessary coordination with the manufacturers representative to obtain the 40 YEAR LIMITED MATERIAL WARRANTY. 4.02 Contractors Limited Installation Warranty A. The Contractor shall provide his written two (2) year limited installation warranty to the City of Carlsbad when submitting the Contractor Qualification Statement, which is attached hereto. The City of Carlsbad must approve the terms and conditions of such warranties prior to acceptance of the Contractors bid. Upon acceptance and approval of the Owners, such a warranty shall be issued to the Owner upon completion and accep- tance of the work specified herein. END OF SECTION City of Carlsbad October 2005 SECTION 07600 SHEET METAL COMPONENTS* *(This section applies to The Cultural Arts Center, Fire Station #3, and Heritage Hall) PART 1-GENERAL 1.01 Description of Work A. Work Included: 1. Sheet Metal Edge Flashing 2. Sheet Metal Gutter Components 3. Sheet Metal Downspout 4. Sheet Metal Vent Covers 5. Pipe Flashing B. Related Work Specified Elsewhere: 1. All Division 1 specifications and Contract Conditions apply to the work of this section as fully as though repeated herein. 2. Section 07520 Asphalt Composition Shingles C. Sheet metal components are to be replaced to match existing sheet metal components. Gutter and downspouts shall be replaced to match existing on build- ings which are to receive totally new roofs. For buildings specified for repair and maintenance shall have existing sheet metal repaired as necessary. 1.02 Quality Control A. Refer to Division 1, Section 01400 for general requirements pertaining to quality control. B. Applicator shall be company specializing in sheet metal flashing work with at least 5 years experience. C. All sheet metal and HVAC work shall be performed by a qualified State-licensed contractor for sheet metal. No contractor shall reserve the right to perform any work for which they are not licensed or qualified, and do not perform regularly. D. Contractor's personnel or subcontractor who will be performing metal work shall attend the pre-application conference. E. The City of Carlsbad may retain the services of a licensed quality control inspec- tor to inspect the work included in this Section and Section 07520. City of Carlsbad October 2005 1.03 Submittals A. Refer to Division 1, Section 01300 for general submittal requirements. B. Submit shop drawings as needed to describe any proposed changes to details included herewith. C. Submit schedule of metal components and accessories showing each item, its use, quantity, type of metal and gauge. D. Submit manufacturers literature, specifications in the required number of copies as stipulated in Section 01300. 1.04 References A. American Society for testing and materials (ASTM) A525-Steel Sheet, Zinc Coated (Galvanized) by the Hot-Dip Process. B. SMACNA-Architectural Sheet Metal Manual. C. Factory Mutual-Loss Prevention Data Sheet 1-49. 1.05 Product Handling A. Store products under applicable provisions of Section 07520. B. Stack preformed material to prevent twisting, bending, or abrasion, and to provide ventilation. C. Prevent contact with materials during storage which may cause discoloration, staining, or damage. 1.06 Protection A. Exercise care when working on or about roof surfaces to avoid damaging or puncturing membrane or flexible flashings. 1.07 Guarantee A. Work of this section shall be covered under Contractor's warranty specified in Section 07520. City, of Carlsbad October 2005 Part 2-Products 2.01 Sheet Materials A. Galvanized Steel: ASTM A526-80 sheet steel with paint-lock or bonderized galvanized coating. Minimum thickness to be 24 gauge unless otherwise speci- fied or detailed. B. Sheet Lead Flashing: Hard type conforming to Federal Specification QQ-L-201; 4 Ibs. per square foot for pipe sleeves requiring field soldering, 2-1/2 Ibs. min. per square foot for prefabricated pipe sleeves. C. Sheet Lead (for drains): Hard type conforming to Federal Specification QQ-L-201; 4 Ibs. per square foot. 2.02 Accessories A. Fasteners 1. Metal to wood (unexposed): 3/8" head roofing nails, 11-gauge ring shank sufficient to penetrate 1" into wood, galvanized. 2. Metal to wood (exposed); Buildex-9-8X1-1/2HWH Trugrip with neoprene washer. 3. Rivets: ASTM B315, alloy 110, 5052, 5056, or 6061; appropriate temper, unless temper is specified. 4. Metal to concrete or masonry: Buildex Tapcon or Rawl Zamac Nailin stainless pin, sufficient for 120-pound lineal foot withdrawal resistance. 5. Sheet metal to sheet metal(exposed): Stainless steel, Buildex scots head 300 series 1/4-14X3/4" HWH TRAX/1 4 with neoprene washer. B. Metal Primer; ASTM D 41 asphalt primer. C. Sealants 1. Butyl Tape: Preformed polyisobutylene Cushion Lock 550 non-hardening, self-adhering tape. 2. Elastomeric Sealant: One part urethane sealant complying with Fed Spec TT-S-00230C, Type II, Class A ASTM C-920, Type S, Class 25, Grade NS, low modulus. D. Flashing Cement: ASTM D 4586. E. Solder and Flux: Solder ASTM B32 Type recommended for materials being used; flux FS O-F-506C, Type I, Form A or B, 50/50 or better. City-of Carlsbad October 2005 F. Paint for galvanized or paint-lock metal: 1. Primer: Pratt & Lambert Tech-Gard Latex Metal Primer. 2. Paint: Pratt & Lambert Tech-Gard Maintenance Gloss Enamel. 3. Color: As selected by The City of Carlsbad to match existing. G. Expansion Joint 1. "Expando Flash" metal clad, galvanized iron, with neoprene bellows as manufactured by JM Corporation or approved equal. 2.03 Fabrication A. Form sections true to shape, accurate in size, square, and free from distortion or defects. B. Form sections in 10 foot lengths. Make allowances for expansion at joints. C. Hem exposed edges on underside 1/2 inch; miter and seam corners. D. Form material with flat lock seam, unless otherwise specified or detailed. F. Fabricate corner pieces 12" in each direction from a corner, mitered, riveted, soldered, and sealed as one piece. G. Fabricate vertical faces with bottom edge formed outward 1/4 inch and hemmed to form drip. H. Fabricate flanged flashings to allow flanges to extend at least 4 inches over roofing. Provide full soldered corners. I. Shop fabricate work to greatest extent possible. Comply with details shown and/or with applicable requirements of SMACNA "Architectural Sheet Metal" and other rec- ognized industry practices. J. Form work to fit and match substrates and angles. 2.04 Fabrication A. All new metal flashing shall be cleaned, prepared and painted with a color to be determined. It is recommended the drip edge "undersides" to be painted prior to in- stallation. B. Cleaning may require a light vinegar/water wash rinsing. City'of Carlsbad October 2005 C. After dry, apply primer at a rate indicated to achieve a 5 mil finish and allow to dry. D. Apply paint in two coats, allowing to dry in accordance with manufacturer recommen- dations for method and finished coverage of 1 mil. E. Painted surfaces shall be free of defects such brush marks, heavy spots, peeling, curling and cracking. F. Back paint flashings with bituminous paint where expected to be in contact with cementitious materials or dissimilar metals. City.of Carlsbad October 2005 Part 3-EXECUTION 3.01 General A. Verify all finish dimensions in the field prior to fabrication and then expediently fabricate and install. B. Verify roof openings, curbs, pipes, sleeves, ducts, or vents through roof are solidly set, cant strips and reglets in place, and nailing strips located. C. Verify membrane termination and base flashings are in place, sealed, sealed, secure. D. Beginning of installation means acceptance of existing conditions. 3.02 Preparation A. Field measure site conditions prior to fabricating work. B. Seam and seal all joints. C. Set flanges in a bed of roof cement over finished roof plies prior to surfacing. D. Fit flashings tight in place. Make corner square, surfaces true and straight in planes, and lines accurate to profiles. E. Solder metal and lead joints watertight for full metal surface contact. After soldering, wash metal clean with neutralizing solution and rinse with water. 3.03 Installation A. Any proposed changes to details shall be submitted to City of Carlsbad for approval prior to commencement. B. Pipe Flashing: 1. Open vent stacks shall be sealed using lead sleeves with the top edge crimped carefully back down into the pipe at least one inch, or with separate crimped collars. 2. At electrical or gas lines and pipes which cannot be disassembled, solder lead sleeve and flange together in the field, maintaining minimum 6" sleeve height (8" where possible). Place duct or masking tape at the top of the pipe flashing sleeve to be sealed. If asphalt or other contaminant occurs at this area, it shall be cleaned thoroughly to insure positive bonding of the sealant. Then seal the top edge of sleeves using one of the following methods . City of Carlsbad October 2005 a. Option 1-Apply 1" bond-breaker tape at the top of the sleeve and then wrap tightly with minimum 3" wide butyl seal tape. Insure that tape is bonded securely to both surfaces. b. Option 2-Clamp within 1/2" of the top of the lead sleeve using a stainless steel screw clamp. Flare out the top edge of the lead sleeve above the clamp to act as a receiver for sealant. Fill receiver with one part urethane sealant making sure to tool the sealant so that no mois- ture can be held. 3. At tall pipes where height precludes tucking-in, construct 8" high lead sleeve and seal the top edge as outlined above. C. Metal curb caps shall be installed at all terminated skylights. Measure for caps after installation of roofing to assure proper fit. Allow maximum VI overhang on all sides of cap. D. Refer to Section 07520 and Roof Details for additional installation requirements. 3.04 Clean Up A. Contractor Shall remove bituminous or other markings from finished surfaces. He is to keep the roof and premises clean and free from accumulations of waste materials and rubbish at all times. He shall remove all debris, scrap, and rubbish from the work area daily. Surplus materials and all equipment shall be promptly removed from the site upon completion of the work. Prior to final acceptance, the Contractor shall restore all areas affected by his work to their original state of cleanliness and repair all damage done to the premises, by his workman and equipment. END OF SECTION City of Carlsbad October 2005 SECTION 09900 - PAINTING* *(This section applies to Fire Station #3) PARTS 1 - GENERAL 1.01 SUMMARY A. Section Includes: Painting and finishing of all exterior items and surfaces, unless otherwise indicated or listed under exclusion below: 1. Paint all exposed, fascia, sheet metal roof edge, flashings visible metal, and replaced wood members. 2. Include concrete wall panels exclude exposed aggregate wall surfaces. 3. Prepare and paint exposed structural wood members. 4. Prepare and paint brick masonry surfaces. B. Work Not Included: 1. Pre-finished items including finished hardware. 2. Surfaces of concealed areas, including for piping, equipment, and other such items within concealed spaces. 3. Finished metals such as anodized aluminum, stainless steel, chromium plat- ing, copper, and brass. 4. Concrete floors, pavements or slabs, and ceramic tile. 5. Shop priming of ferrous metal items and fabricated components. 6. Glass. 7. Electrical fixtures and receptacles. 8. Code required labels, equipment identification, and performance rat- ing plates. 9. 9. Concrete surfaces of exposed aggregate or sandblast finished. 1.02SUBMITTALS A. Product Data: Submit complete manufacturer's descriptive literature and specifications in accordance with the provisions of Section 01300, or as directed by Architect. 1. Materials List: Submit complete lists of materials proposed for use, giving the manufacturer's name, catalog number, and catalog cut for each item when ap- plicable. When required, provide a list of paint and coating materials proposed for use which equates such materials with the design-basis products specified. City of Carlsbad October 2005 B. Samples: In accordance with provisions of Section 01300, submit, on 8-1/2 inch by 11 inch hardboard, samples of each color, gloss, texture and material selected by the Architect from standard colors available for the coatings required. 1. For natural and stained finishes, provide sample on each type and quality of wood used on the project. C. Manufacturer's Instructions: Submit the manufacturer's current recommended methods of installation, including relevant limitations, safety and environmental cautions, and application rates. 1.03 DELIVERY, STORAGE, AND HANDLING A. Storage and Protection: Use all means necessary to protect the materials of this Section before, during, and after installation. B. Deliver materials to job site in new, original, and unopened containers bearing manufacturer's name and trade name. Store where directed in accordance with manufacturer's instructions. 1.04 PROJECT CONDITIONS A. Do not apply materials during fog, rain or mist, or when inclement weather is expected within the dry time specified by the manufacturer. No exterior painting shall be done until the surfaces are thoroughly dry and cured. PART 2 - PRODUCTS 2.01 MANUFACTURERS A. Manufacturer's catalog names and number of paint types in this Section herein are based on products of Dunn-Edwards Corporation and is the standard of quality against which the Architect will judge equivalency. The quantity of titanium dioxide, the use of clays, aluminum silicate, talc and the purity of acrylic materials are a few of the criteria which will be used by the Architect in determining equivalency of materials. 2.02 MATERIALS A. Paints: Provide Ready-Mixed, except field catalyzed coatings. Pigments shall be fully ground maintaining soft paste consistency, capable of being readily and uniformly dispersed to complete homogeneous mixture. Paints shall have good flowing and brushing properties and be capable of drying or curing free of streaks and sags. B. Accessory Materials; Linseed oil, shellac, turpentine, and other materials not specified by required to achieve required finishes shall be of high quality and approved by manufacturer. C. Colors shall be selected from color chip samples provided by manufacturer of paint system approved for use. Match approved samples for color, texture and coverage. D. CARB Rules; Paint materials shall conform to current applicable regulations of California Air Resources Board. City of Carlsbad October 2005 2.03 APPROVED MANUFACTURERS A. Concrete, brick, stucco surfaces: Primer, DUNN EDWARDS EFF-STOP, Concrete sealer applied per manufacturers minimum coverage application rate. B. Concrete, brick, stucco surfaces: Paint, DUNN EDWARDS W-701 Acrylic flat finish, applied per manufacturers minimum coverage application rate. C. Metal doors, sheet metal surfaces: Primer, DUNN EDWARDS QD-47 primer, applied per manufacturers minimum coverage application rate. D. Metal doors, sheet metal surfaces: Paint, DUNN EDWARDS 9-1 Semi gloss oil based enamel, applied per manufacturers minimum coverage application rate. E. Wood surfaces, Paint, DUNN EDWARDS W-703 FLAT BODY solid solid stain. 2.04 MIXES A. Mix, prepare, and store painting and finishing materials in accordance with manufacturer's directions. PART 3 - EXECUTION 3.01 EXAMINATION A. Verification of Conditions: Prior to commencing the Work of this Section, carefully inspect previously installed work and verify that such Work is complete to the point where this installation may property commence. 3.02 PROTECTION A. Protect previously installed work and materials, which may be affected by Work of this Section. 1. Protect pre-finished surfaces, lawns, shrubbery and adjacent surfaces against paint and damage. 2. Furnish sufficient drop cloths, shields, and protective equipment to prevent spray or splatter from fouling surfaces not being painted. 3. Protect surfaces, equipment, and fixtures from damage resulting from the use of fixed, movable and hanging scaffolding, planking, and staging. 3.03 PREPARATION A. Perform preparation and cleaning procedures in strict accordance with coating manufacturer's instructions for each substrate condition. B. Concrete and masonry surfaces shall be dry, clean, and free of dirt, efflorescence, encrustation, and other foreign matter. Glazed surfaces on concrete shall be roughened or etched to uniform texture. All loose paint shall be scraped from the existing surfaces or sandblasted if City of Carlsbad October 2005 necessary. Care shall be taken to avoid any preparation which could affect the surfaces which are to remain paint free. C. Ferrous metal shall be cleaned of oil, grease, and foreign matter with solvent. Prime within three hours after preparation. D. Sand and scrape metal to remove loose primer and rust. E. Galvanized metal shall be solvent cleaned with mineral spirits and then retreated with vinyl wash or etching type, DUNN EDWARDS, GALVA-ETCH , GE-123, solution as recommended by the finish manufacturer. Cleaned and retreated galvanized metal shall be primed the same day that cleaning has been performed. F. Remove dust, grit and foreign matter from wood surfaces. Sand surfaces and dust clean. Spot coat only areas, which have peeled paint, the field of deck surfaces are not included in this specification. G. Remove hardware and accessories, machined surfaces, plates, lighting fixtures and similar items in place and not-to-be-finish painted, or provide surface-applied protection. Reinstall removed items upon completion of work in each area. H. Existing surfaces to be recoated shall be thoroughly cleaned and deglossed by sanding or other means prior to painting. Patched and bare areas shall be spot primed with same paint as specified for new work. I. All stucco surfaces shall be cleaned with high-pressure water blasting at a minimum of 2500 P.S.I, and allowed to dry for a minimum of five (5) days prior to application of primer and paint. J. Bar and covered pipes, ducts, hangers, exposed steel and ironwork, and primed metal surfaces of equipment installed under mechanical and electrical work shall be cleaned prior to priming. K. Preparation of other surfaces shall be performed following specific recommendations of the paint manufacturer. 3.04 APPLICATION A. Apply painting and finishing materials in accordance with the manufacturer's submittals, as approved. Use applicators and techniques best suited for the material and surfaces to which applied. B. The number of coats specified is the minimum that shall be applied. Apply additional coats when undercoats, stains or other conditions show through final paint coat, until paint film is of uniform finish, color and appearance. Second coat shall be a split-coat of a different shade from the first and third coats, (no second coat is required) C. Apply each material at not less than the manufacturer's recommended spreading rate: 1. Provide a total dry film thickness of not less than 1.5 mils for each required coat, or as recommended by manufacturer. D. Apply prime coat to material, which is required to be painted or finished. E. Finish exterior doors on tops, bottoms, and edges same as exterior faces, after fitting. F. Sand lightly and dust clean between succeeding coats. City of Carlsbad October 2005 3.05 CLEANING A. Remove, finish or repaint work not in compliance with specified requirements. B. Provide WET PAINT signs, barricades, and other devices required to protect newly finished surfaces. Remove temporary protective wrappings provided by others for protection of their work after completion of painting operations. END SECTION City of Carlsbad Public Works March 30, 2006 ADDENDUM NO. 2 RE: FURNISHING & INSTALLING FOUR NEW ROOFS AT MULTIPLE CITY STRUCTURES - BID NO. PWS06-25FAC Please include the attached addendum in the Notice to Bidder/Request for Bids you have for the above project. This addendum—receipt acknowledged-must be attached to your Request for Bid when your bid is submitted. KEVIN DAVIS Buyer KD:rh Attachment ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2 Bidder's Signature Barry L. Tumour 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (76O) 602-2730 • FAX (760) 6O2-8562 CITY OF CARLSBAD 10/05 SWIM COMPLEX TECHNICAL ADDENDUM #2 City of Carlsbad Swim Complex Re-roof project Madison Ave. Carlsbad, CA SYNOPSIS: Install 2 plies Burmastic Modified Supreme Composite Ply and PowerPly Standard Smooth MB sheet in Burmastic LV Cold Adhesive. Install flood coat of Burmastic LV Cold Adhesive (4-5 gal/ sq) and aggregate surfacing of # 4-5 mixed, washed (400-600#/ sq) DELETE SECTION: Technical Section: Section 07513- 3.3 ROOF SURFACING Cap Sheet: California Title 24 certified ASTMD6163 Grade G Type II SBS modified asphalt- impregnated and coated, reinforced composite polyester/glass-fiber cap sheet. Tensile Strength 318 Ibf/in MD ASTM D 5147 Tensile Strength 3491bf/in XD ASTM D 5147 Tear Strength 475 MMD ASTM D 5147 Tear Strength 478 Ibf XD ASTM D 5147 Elongation 10% MD ASTM D 5147 Elongation 10% XD ASTM D 5147 INSERT SECTIONS: Technical Section: Section 07513- 3.3 ROOF SURFACING Smooth MB Sheet: ASTM D 6163 Grade G Type II SBS modified asphalt-impregnated and coated, reinforced composite polyester/glass-fiber cap sheet Aggregate: #4-5 mix, washed ASPHALT MATERIALS Cold-Applied Adhesive: Roofing system manufacturer's standard asphalt-based, 1-part asbestos-free, cold-applied adhesive specially formulated for compatibility and use with built-up roofing membranes and flashings. Each container labeled with UL and FM logos indicating material was manufactured under the specified UL and FM quality assurance programs. Flood coat @ 4-5 gal/ sq min City of Carlsbad December 2005 SUPPLEMENTAL PROVISIONS FOR Furnishing & Installing Four New Roofs at Multiple City Structures CONTRACT NO. PWGS192 SUPPLEMENTAL PROVISIONS TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION PART 1, GENERAL PROVISIONS SECTION 1 -- TERMS, DEFINITIONS ABBREVIATIONS AND SYMBOLS 1-1 TERMS Add the following section: 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 reference is made to the plans accompanying these provisions, unless stated otherwise. Add the following section: 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 complete the work as required and as approved by the Engineer," unless stated otherwise. Add the following section: 1-1.3 Equals and Approvals. Where the words "equal", "approved equal", "equivalent", and such words of similar import are used, it shall be understood such words are followed by the expression "in the opinion of the Engineer", unless otherwise stated. Where the words "approved", "approval", "acceptance", or words of similar import are used, it shall be understood that the approval, acceptance, or similar import of the Engineer is intended. Add the following section: 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. Revised 10/08/03 Contract No.PWGSI92 Page 38 of 113 Pages City of Carlsbad December 2005 1-2 DEFINITIONS. Modify as follows: The following words, or groups of words, shall be exclusively defined by the definitions assigned to them herein. Agency - the City of Carlsbad, California. City Council - the City Council of the City of Carlsbad. City Manager - the City Manager of the City of Carlsbad or his/her approved representative. Dispute Board - persons designated by the City Manager to hear and advise the City Manager on claims submitted by the Contractor. The City Manager is the last appeal level for informal dispute resolution. Engineer - the Public Works Director of the City of Carlsbad or his/her approved representative. The Engineer is the third level of appeal for informal dispute resolution. Minor Bid Item - a single contract item constituting less than 10 percent (10%) of the original Contract Price bid. Own Organization - When used in Section 2-3.1 - Employees of the Contractor who are hired, directed, supervised and paid by the Contractor to accomplish the completion of the Work. Further, such employees have their employment taxes, State disability insurance payments, State and Federal income taxes paid and administered, as applicable, by the Contractor. When used in Section 2-3.1 "own organization" means construction equipment that the Contractor owns or leases and uses to accomplish the Work. Equipment that is owner operated or leased equipment with an operator is not part of the Contractor's Own Organization and will not be included for the purpose of compliance with section 2-3.1 of the Standard Specifications and these Supplemental Provisions. Owner Operator/Lessor - Any person who provides equipment or tools with an operator provided who is employed by neither the Contractor nor a subcontractor and is neither an agent or employee of the Agency or a public utility. Public Works Supervisor - The Inspector's immediate supervisor and second level of appeal for informal dispute resolution. Public Works Manager / General Services - The Public Works Supervisor's immediate supervisor and third level of appeal for informal dispute resolution. 1-3 ABBREVIATIONS 1-3.2 Common Usage, add the following: Abbreviation Word or Words Apts Apartment and Apartments Bldg Building band Buildings CMWD Carlsbad Municipal Water District CSSD Carlsbad Supplemental Standard Drawings cfs Cubic Feet per Second Revised 10/08/03 Contract No.PWGS192 Page 39 of 113 Pages City of Carlsbad December 2005 Comm Commercial DR Dimension Ratio E Electric G Gas gal Gallon and Gallons Gar Garage and Garages GNV Ground Not Visible gpm gallons per minute IE Invert Elevation LCWD Leucadia County Water District MSL Mean Sea Level (see Regional Standard Drawing M-12) MTBM Microtunneling Boring Machine NCTD North County Transit Distrct OHE Overhead Electric OMWD Olivenhain Municipal Water District ROW Right-of-Way S Sewer or Slope, as applicable SDNR San Diego Northern Railway SDRSD San Diego Regional Standard Drawing SFM Sewer Force Main T Telephone UE Underground Electric W Water, Wider or Width, as applicable VWD Vallecitos Water District SECTION 2 -- SCOPE AND CONTROL OF THE WORK 2-3 SUBCONTRACTS. 2-3.1 General, add the following: Should the Contractor fail to adhere to the provisions requiring the Contractor to complete 50 percent of the contract price with its own organization, the Agency may at its sole discretion elect to cancel the contract or to deduct an amount equal to 10 percent of the value of the work performed in excess of 50 percent of the contract price by other than the Contractor's own organization. The City Council shall be the sole body for determination of a violation of these provisions. In any proceedings under this section, the prime contractor shall be entitled to a public hearing before the City Council and shall be notified ten (10) days in advance of the time and location of said hearing. The determination of the City Council shall be final. 2-4 CONTRACT BONDS, modify the second sentence of paragraph one as follows: Delete, "who is listed in the latest version of U.S. Department of Treasury Circular 570,". Modify paragraphs three and four to read: The Contractor shall provide a faithful perform- ance/warranty bond and payment bond (labor and materials bond) for this contract. The faithful performance/warranty bond shall be in the amount of 100 percent of the contract price. The Contractor shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to: 1) One hundred percent (100%) of the total amount payable by the terms of the contract when the total amount payable does not exceed five million dollars ($5,000,000). Revised 10/08/03 Contract No.PWGSI92 Page 40 of 113 Pages City of Carlsbad December 2005 2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million dollars ($10,000,000). 3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract exceeds ten million dollars ($10,000,000). 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. Add the following: All bonds are to be placed with a surety insurance carrier admitted and authorized to transact the business of insurance in California and whose assets exceed their liabilities in an amount equal to or in excess of the amount of the bond. The bonds are to contain the following documents: 1) An original, or a certified copy, of the unrevoked appointment, power of attorney, by laws, or other instrument entitling or authorizing the person who executed the bond to do so. 2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner. If the bid is accepted, the Agency may require a financial statement of the assets and liabilities of the insurer at the end of the quarter calendar year prior to 30 days next preceding the date of the execution of the bond. The financial statement shall be made by an 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. 2-5 PLANS AND SPECIFICATIONS. 2-5.1 General, add the following: The specifications for the work include the Standard Specifications for Public Works Construction, (SSPWC), 1997 Edition, and the 1998 AND 1999 supplements thereto, hereinafter designated "SSPWC", as written and promulgated by Joint Cooperative Committee of the Southern California Chapter American Public Works Association and Southern California Districts Associated General Contractors of California, and as amended by the Supplemental Provisions section of this contract. The construction plans consist of one sheet inserted herein. The standard drawings used for this project are the latest edition of the San Diego Area Regional Standard Drawings, hereinafter designated SDRS, as issued by the San Diego County Department of Public Works, together with the most recent editions of the City of Carlsbad Supplemental Standard Drawings, hereinafter designated as CSSD, as issued by the City of Carlsbad and the Carlsbad Municipal Water District Standard Plans hereinafter designated as CMWDSD, as issued by the Carlsbad Municipal Water District. Copies of some of the pertinent standard drawings are enclosed as an appendix to these Supplemental Provisions. Revised 10/08/03 Contract No.PWGS192 Page 41 of 113 Pages City of Carlsbad December 2005 2-5.2 Precedence of Contract Documents, modify as follows: If there is a conflict between Contract Documents, the document highest in precedence shall control. The precedence shall be the most recent edition of the following documents listed in order of highest to lowest precedence: 1) Permits from other agencies as may be required by law. 2) Supplemental Provisions. 3) Plans. 4) Standard Plans. a) City of Carlsbad Supplemental Standard Drawings. b) Carlsbad Municipal Water District Standard Drawings. c) City of Carlsbad modifications to the San Diego Area Regional Standard Drawings. d) San Diego Area Regional Standard Drawings. e) State of California Department of Transportation Standard Plans. 5) Standard Specifications for Public Works Construction. 6) Reference Specifications. 7) Manufacturer's Installation Recommendations. Change Orders, Supplemental Agreements and approved revisions to Plans and Specifications will take precedence over items 2) through 7) above. Detailed plans and plan views shall have precedence over general plans. 2-5.3.3 Submittals, add the following: Each submittal shall be consecutively numbered. Resubmittals shall be labeled with the number of the original submittal followed by an ascending alphabetical designation (e.g. The label '4-C' would indicate the third instance that the fourth submittal had been given to the 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 subscribe to and shall place the following certification on all submittals: Revised 10/08/03 Contract No.PWGS192 Page 42 of 113 Pages City of Carlsbad December 2005 "I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to be incorporated into this Project, is in compliance with the Contract Documents, can be installed in the allocated spaces, and is submitted for approval." By: Title: Date: Company Name: 2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following section: 2-10.1 Availability of Records, The Contractor shall, at no charge to the Agency, provide copies of all records in the Contractor's or subcontractor's possession pertaining to the work that the Engineer may request. Add the following section: 2-10.2 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 interviews of Contractor's staff and the staff of all subcontractors to this contract. At any time during normal business hours and as often as the Engineer may deem necessary, upon reasonable advance notice, Contractor shall make available to the Engineer for examination, all of its, and all subcontractors to this contract, records with respect to all matters covered by this Contract and will permit the Engineer to audit, examine, copy and make excerpts or transcripts from such data and records, and to make audits of all invoices, materials, payrolls, records of personnel, and other data relating to all matters covered by this Contract. However, any such activities shall be carried out in a manner so as to not unreasonably interfere with Contractor's ongoing business operations. Contractor and all subcontractors to this contract shall maintain such data and records for as long as may be required by applicable laws and regulations. SECTION 3 - CHANGES IN WORK 3-2 CHANGES INITIATED BY THE AGENCY. 3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of contract unit price for such items will be limited to that portion of the change in excess of 25 Revised 10/08/03 Contract No.PWGSI 92 Page 43 of 113 Pages City of Carlsbad December 2005 percent of the original quantity listed in the Contractor's bid proposal for this contract. Adjustments in excess of 25 percent may, at the option of the Engineer, be paid pursuant to section 3-3, Extra Work. 3-3 EXTRA WORK. 3-3.2.2 ( c ) Tool and Equipment Rental, second paragraph, modify as follows: Regardless of ownership, the rates and right-of-way delay factors to be used in determining rental and delay costs shall be the edition of the, "Labor Surcharge and Equipment Rental Rates" published by CALTRANS, current at the time of the actual use of the tool or equipment. The right-of-way delay factors therein shall be used as multipliers of the rental rates for determining the value of costs for delay to the Contractor and subcontractors, if any. The labor surcharge rates published therein are not a part of this contract. 3-3.2.3 Markup, Delete sections 3-3.2.3 (a) and (b) and replace with the following: (a) Work by Contractor. The following percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits: 1) Labor 20 2) Materials 15 3) Equipment Rental 15 4) Other Items and Expenditures 15 To the sum of the costs and markups provided for in this section, 1 percent shall be added as compensation for bonding. (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. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor. 3-3.3 Daily Reports by Contractor, add the following after the second sentence: Payment for extra work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer. 3-4 CHANGED CONDITIONS. Delete the second sentence of paragraph three, delete paragraph five (5), and add the following: The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the 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 errors 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 potential claim for changed conditions to the agency upon their Revised 10/08/03 Contract No.PWGSI 92 Page 44 of 113 Pages City of Carlsbad December 2005 discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith. The Contractor shall provide the City with a written document containing a description of the particular circumstances giving rise to the potential claim, the reasons for which the Contractor believes additional compensation may be due and nature of any and all costs involved within 20 working days of the date of service of the written notice of potential claim for changed conditions. Verbal notifications are disallowed. 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 restated as a claim in response to the City's proposed final estimate in order for it to be further considered." By: Ti- tle: Date: Company Name: The Contractor's estimate of costs may be updated when actual costs are known. The Contractor shall submit substantiation of its actual costs to the Engineer within 20 working days after the 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. 3-5 DISPUTED WORK. Add the following: The Contractor shall give the agency written notice of potential claim prior to commencing any disputed work. Failure to give said notice shall constitute a waiver of all claims in connection therewith. Revised 10/08/03 Contract No.PWGS192 Page 45 of 113 Pages City of Carlsbad December 2005 Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall attempt to resolve all disputes informally through the following dispute resolution chain of command: 1. Project Inspector 2. Public Works Supervisor 3. Public Works Manager 4. Public Works Director 5. City Manager The Contractor shall submit a complete report within 20 working days after completion of the disputed work stating its position on the claim, the contractual basis for the claim, along with all documentation supporting the costs and all other evidentiary materials. At each level of claim or appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review the Contractor's report and respond with a position, request additional information or request that the Contractor meet and present its report. When additional information or a meeting is requested the City will provide its position within 10 working days of receipt of said additional information or Contractor's presentation of its report. The Contractor may appeal each level's position up to the City 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 (commencing 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 thousand dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2. (b)(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 local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or Revised 10/08/03 Contract No.PWGSI 92 Page 46 of 113 Pages City of Carlsbad December 2005 specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1,1991. 20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(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 writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Following the meet and confer conference, if the claim or any portion remains in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. 20104.4. The following procedures are established for all civil actions filed to resolve claims subject to this article: Revised 10/08/03 Contract No.PWGS192 Page 47 of 113 Pages City of Carlsbad December 2005 (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the 15-day period, any party may petition the court to appoint the mediator. (b)(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 Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration. (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) 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. SECTION 4 - CONTROL OF MATERIALS 4-1 MATERIALS AND WORKMANSHIP. 4-1.3.1 General, add the following: 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, dewatering and all elements pertaining to the safety of persons as contained in the State of California, California Code of Regulations, Title 8, Industrial Relations, Chapter 4, Division of Industrial Safety, Subchapter 4, Construction Safety Orders and such other safety regulations as may apply. Contractor shall furnish Engineer with such information as may be necessary to keep the Engineer fully informed regarding progress and manner of work and character of materials. Inspection or testing of the whole or Revised 10/08/03 Contract No.PWGSI 92 Page 48 of 113 Pages City of Carlsbad December 2005 any portion of the work or materials incorporated in the work shall not relieve Contractor from any obligation to fulfill this Contract. 4-1.4 Test of Materials, delete the phrase, "and a reasonable amount of retesting", from the third sentence of the first paragraph. add the following: Except as specified in these Supplemental Provisions, the Agency will bear the cost of testing of locally produced materials and/or on-site workmanship where the results of such tests meet or exceed the requirements indicated in the Standard Specifications and the Supplemental Provisions. The cost of all other tests shall be borne by the Contractor. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before the delivery is started. All materials proposed for use may be inspected or tested at any time during their preparation and use. If, after incorporating such materials into the Work, it is found that sources of supply that have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from other approved sources. If any product proves unacceptable after improper storage, handling or for any other reason it shall be rejected, not incorporated into the work and shall be removed from the project site all at the Contractor's expense. Compaction tests may be made by the Engineer and all costs for tests that meet or exceed the requirements of the specifications shall be borne by the Agency. Said tests may be made at any place along the work as deemed necessary by the Engineer. The costs of any retests made necessary by noncompliance with the specifications shall be borne by the Contractor. 4-1.6 Trade names or Equals, add the following: The Contractor is responsible for the satisfactory performance of substituted items. If, in the sole opinion of the Engineer, the substitution is determined to be unsatisfactory in performance, appearance, durability, compatibility with associated 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. Add the following section: 4-2 MATERIALS TRANSPORTATION, HANDLING AND STORAGE. The Contractor shall order, purchase, transport, coordinate delivery, accept delivery, confirm the quantity and quality received, prepare storage area(s), store, handle, protect, move, relocate, 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 Contractor to any location within the Agency's boundaries the Contractor shall provide the Engineer a copy of lease agreements for each property where such materials are stored. The lease agreement shall clearly state the term of the lease, the description of materials allowed to be stored and shall provide for the removal of the materials and restoration of the storage site within the time allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to the materials stored and to preparation of the storage site and the location of the site on which the materials are stored. Loss, damage Revised 10/08/03 Contract No.PWGSI 92 Page 49 of 113 Pages City of Carlsbad December 2005 or deterioration of all stored materials shall be the Contractor's responsibility. Conformance to the requirements of this section, both within and outside the limits of work are a part of the Work. The Engineer shall have the right to verify the suitability of materials and their proper storage at any time during the Work. SECTION 5 - UTILITIES 5-1 LOCATION. Delete the first paragraph and substitute the following: The Agency and affected utility companies have, by a search of known records, endeavored to locate and indicate on the Plans, all utilities which exist within the limits of the work. However, the accuracy and/or completeness of the nature, size and/or location of utilities indicated on the Plans is not guaranteed. 5-4 RELOCATION. Add the following: In conformance with section 5-6 the Contractor shall coordinate the work with utility agencies and companies. Prior to the installation of any and all utility structures within the limits of work by any utility agency or company, or its contractor, the Contractor shall place all curb or curb and gutter that is a part of the work and adjacent to the location where such utility structures are shown on the plans and are noted as being located, relocated or are otherwise shown as installed by others. In order to minimize delays to the Contractor caused by the failure of other parties to relocate utilities that interfere with the construction, the Contractor, upon the Engineer's approval, may be permitted to temporarily omit the portion of work affected by the utility. If such temporary omission is approved by the Engineer the Contractor shall place survey or other physical control markers sufficient to locate the curb or curb and gutter to the satisfaction of the utility agency or company. Such temporary omission shall be for the Contractor's convenience and no additional compensation will be allowed therefor or for additional work, materials or delay associated with the temporary omission. The portion thus omitted shall be constructed by the Contractor immediately following the relocation of the utility involved unless otherwise directed by the Engineer. SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Delete section 6-1 and substitute the following: Except as otherwise provided herein and unless otherwise prohibited by permits from other agencies as may be required by law the Contractor shall begin work within 14 calendar days after receipt of the "Notice to Proceed". Add the following section: 6-1.1 Pre-Construction Meeting. After, or upon, notification of contract award, the Engineer will set the time and location for the Preconstruction Meeting. Attendance of the Contractor's management personnel responsible for the management, administration, and execution of the Revised 10/08/03 Contract No.PWGSI 92 Page 50 of 113 Pages City of Carlsbad December 2005 project is mandatory for the meeting to be convened. Failure of the Contractor to have the Contractor's responsible project personnel attend the Preconstruction Meeting will be grounds for default by Contractor per section 6-4. No separate payment will be made for the Contractor's attendance at the meeting. The notice to proceed will only be issued on or after the completion of the preconstruction meeting. Add the following section: 6-1.1.1 Baseline Construction Schedule Submittal. The Contractor shall submit the Baseline Construction Schedule per the submittal requirements of section 2-5.3. The submittal of the Baseline Construction Schedule shall include each item and element of sections 6-1.2 through 6-1.2.9 and shall be on hard (paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media. Add the following section: 6-1.2 Preparation and Review of the Baseline Construction Schedule. The Contractor shall prepare the Baseline Construction Schedule as a Critical Path Method (CPM) Schedule in the precedence diagram method (activity-on-node) format. The Baseline Construction Schedule shall depict a workable plan showing the sequence, duration, and interdependence of all activities required to represent the complete performance of all project work as well as periods where work is precluded. The Baseline Construction Schedule shall begin with the projected date of issuance of the notice to 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. Add the following section: 6-1.1 Measurement And Payment Of Construction Schedule. The Contractor's preparation, revision and maintenance of the Construction Schedule are incidental to the work and no separate payment will be made therefor. 6-2 PROSECUTION OF WORK. Add the following section: 6-2.1 Order of Work. The work to be done shall consist of furnishing all labor, equipment and materials, and performing all operations necessary to complete the Project Work as shown on the Project Plans and as specified in the Specifications. The work includes removing existing roofing, furnishing and installing new roofs at the Cultural Arts Center, Fire Station #3, Heritage Hall, and the Swim Complex. 6-2.3 Project Meetings. The Engineer will establish the time and location of weekly Project Meetings. Each Project Meeting shall be attended by the Contractor's Representative. The Project Representative shall be the individual determined under section 7-6, "The Contractor's Representative", SSPWC. No separate payment for attendance of the Contractor, the Contractor's Representative or any other employee or subcontractor or subcontractor's employee at these meetings will be made. Revised 10/08/03 Contract No.PWGS192 Page 51 of 113 Pages City of Carlsbad December 2005 6-6 DELAYS AND EXTENSIONS OF TIME. 6-6.4 Written Notice and Report. Modify as follows: The Contractor shall provide written notice to the Engineer within two hours of the beginning of any period that the Contractor has placed any workers or equipment on standby for any reason that the Contractor has determined to be caused by the Agency or by any organization that the Agency may otherwise be obligated by. The Contractor shall provide continuing daily written notice to the Engineer, each working day, throughout the duration of such period of delay. The initial and continuing written notices shall include the classification of each workman and supervisor and the make and model of each piece of equipment placed on standby, the cumulative duration of the standby, the Contractor's opinion of the cause of the delay and a cogent explanation of why the Contractor could not avoid the delay by reasonable means. Should the Contractor fail to provide the notice(s) required by this section the Contractor agrees that no delay has occurred and that it will not submit any claim(s) therefor. 6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work to completion within 90 working days after the starting date specified in the Notice to Proceed. 6-7.2 Working Day. Add the following: Unless otherwise approved in writing by the Engineer, the hours of work shall be between the hours of 7:00 a.m. and 4:00 p.m. on Mondays through Fridays, excluding Agency holidays. The Contractor shall obtain the written approval of the Engineer if the Contractor desires to work outside said hours or at any time during weekends and/or holidays. This written permission must be obtained at least 48 hours prior to such work. The Engineer may approve work outside the hours and/or days stated herein when, in his/her sole opinion, such work conducted by the Contractor is beneficial to the best interests of the Agency. The Contractor shall pay the inspection costs of such work. 6-8 COMPLETION AND ACCEPTANCE. Delete the second paragraph and add the following: The Engineer will not accept the Work or any portion of the Work before all of the Work is completed and all outstanding deficiencies that may exist are corrected by the Contractor and the Engineer is satisfied that all the materials and workmanship, and all other features of the Work, meet the requirements of all of the specifications for the Work. Use, temporary, interim or permanent, of all, or portions of, the Work does not constitute acceptance of the Work. If, in the Engineer's judgment, the Work has been completed and is ready for acceptance the Engineer will so certify to the Board. Upon such certification by the Engineer the Board may accept the completed Work. Upon the Board's acceptance of the Work the Engineer will cause a "Notice of Completion" to be filed in the office of the San Diego County Recorder. The date of recordation shall be the date of completion of the Work. Delete the first sentence of the third paragraph and substitute the following two sentences: All work shall be warranted for one (1) year after recordation of the "Notice of Completion" and any faulty work or materials discovered during the warranty period shall be repaired or replaced by the Contractor, at its expense. Twenty-five percent of the faithful performance bond shall be retained as a warranty bond for the one year warranty period. 6-9 LIQUIDATED DAMAGES. Modify the last sentence of the first paragraph and the first sentence of the second paragraph Revised 10/08/03 Contract No.PWGSI 92 Page 52 of 113 Pages City of Carlsbad December 2005 and add the following: For each consecutive calendar day in excess of the time specified for completion of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld monies due it, the sum of Five Hundred Dollars ($500.00). Execution of the Contract shall constitute agreement by the Agency and Contractor that $500 per day is the minimum value of costs and actual damages caused by the Contractor to complete the Work within the allotted time. Any progress payments made after the specified completion date shall not constitute a waiver of this paragraph or of any damages. SECTION 7 -- RESPONSIBILITIES of the CONTRACTOR 7-3 LIABILITY INSURANCE. Modify as follows: All insurance is to be placed with insurers that have a rating in Best's Key Rating Guide of at least A-:V and are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. 7-4 WORKERS' COMPENSATION INSURANCE. Add the following: All insurance is to be placed with insurers that are admitted and authorized to conduct business in the state of California and are listed in the official publication of the Department of Insurance of the State of California. Policies issued by the State Compensation Fund meet the requirement for workers' compensation insurance. 7-5 PERMITS. Delete the first sentence and add the following four sentences: Except as specified herein the agency will obtain, at no cost to the Contractor, all encroachment, right-of-way, grading, resource agency and building permits necessary to perform work for this contract on Agency property, in streets, highways (except State highway right-of-way), railways or other rights-of-way. Contractor shall not begin work until all permits incidental to the work are obtained. The Contractor shall obtain and pay for all permits for the disposal of all materials removed from the project. The cost of said permit(s) shall be included in the price bid for the appropriate bid item and no additional compensation will be allowed therefor. 7-7 COOPERATION AND COLLATERAL WORK. Add the following section: 7-7.1 Coordination. The Contractor shall coordinate and cooperate with all the utility companies during the relocation or construction of their lines. The Contractor may be granted a time extension if, in the opinion of the 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. Add the following: Cleanup and dust control required herein shall also be executed on weekends and other non-working days when needed to preserve the Revised 10/08/03 Contract No.PWGSI92 Page 53 of 113 Pages City of Carlsbad December 2005 health safety or welfare of the public. The Contractor shall conduct effective cleanup and dust control throughout the duration of the Contract. The Engineer may require increased levels of cleanup and dust control that, in his/her sole discretion, are necessary to preserve the health, safety and welfare of the public. Cleanup and dust control shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.5 Temporary Light, Power and Water. Add the following: The Contractor shall obtain a construction meter for water used for the construction, plant establishment, maintenance, cleanup, testing and all other work requiring water related to this contract. The Contractor shall contact the appropriate water agency for requirements. The Contractor shall pay all costs of temporary light, power and water including hookup, service, meter and any, and all, other charges, deposits and/or fees therefor. Said costs shall be considered incidental to the items of work that they are associated with and no additional payment will be made therefor. 7-8.6 Water Pollution Control. .Add the following The Contractor shall comply with all requirements of the storm water pollution and monitoring plan prepared for this project in accordance with the California State Water Resources Control Board order number 92-08-DWQ and the "Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity" Add the following section: 7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped with mufflers in good repair when in use on the project with special attention to the City Noise Control Ordinance, Carlsbad Municipal Code Chapter 8.48. 7-10 PUBLIC CONVENIENCE AND SAFETY. Add the following section: 7-10.3.1 Construction Area Signs and Control Devices. All construction traffic signs and control devices shall be maintained throughout the duration of work in good order and according to the approved traffic control plan. All construction area signs shall conform to the provisions of section 206-7.2 et seq. All temporary reflective pavement markers shall conform to the provisions of section 214-5.1.et seq. All temporary reflective channelizers shall conform to the provisions of section 214-5.2 et seq. All paint for temporary traffic striping, pavement marking, and curb marking shall conform to the provisions of section 210-1.6 et seq. except that all temporary paint shall be rapid dry water borne conforming to section 210-1.6for materials and section 310-5 et seq. For workmanship. Warning and advisory signs, lights and devices installed or placed to provide traffic control, direction and/or warning shall be furnished, installed and maintained by the Contractor. Warning and advisory signs, lights and devices shall be promptly removed by the Contractor when no longer required. Warning and advisory signs that remain in place overnight shall be stationary mounted signs. Stationary signs that warn of non-existent conditions shall be removed from the traveled way and from the view of motorists in the traveled way or shielded from the view of the travelling public during such periods that their message does not pertain to existing conditions. Care shall be used in performing excavation for signs in order to protect underground facilities. All excavation required to install stationary construction area signs shall be performed by hand methods without the use of power equipment. Warning and advisory signs that are used only during working hours may be portable signs. Portable signs shall be removed from the traveled way and shielded from the view of the travelling public during non-working hours. During the hours of darkness, as defined in Division 1, Section 280, Revised 10/08/03 Contract No.PWGS192 Page 54 of 113 Pages City of Carlsbad December 2005 of the California Vehicle Code, portable signs shall be illuminated or, at the option of the Contractor, shall be in conformance with the provisions in section 206-7.2 et seq. If illuminated traffic cones rather than post-type delineators are used during the hours of darkness, they shall be affixed or covered with reflective cone sleeves as specified in CALTRANS "Standard Specifications", except the sleeves shall be 180 mm (7") long. Personal vehicles of the Contractor's employees shall not be parked within the traveled way, including any section closed to public traffic. Whenever the Contractor's vehicles or equipment are parked on the shoulder within 1.8 m (6') of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at not less than 7.6 m (25') intervals to a point not less than 7.6 m (25') past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted, as required herein, on a sign post or telescoping flag tree with flags. The sign post or flag tree shall be placed where directed by the Engineer. Add the following section: 7-10.4.4 Safety and Protection of Workers and Public. The Contractor shall take all necessary precautions for the safety of employees on the work and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workers and public, and shall use danger signs warning against hazards created by such features of construction as protruding nails, hoists, well holes, and falling materials. 7-13 LAWS TO BE OBSERVED. Add the following: Municipal ordinances that affect this work include Chapter 11.06. Excavation and Grading. If this notice specifies locations or possible materials, such as borrow pits or gravel beds, for use in the proposed construction project which would be subject to Section 1601 or Section 1603 of the Fish and Game Code, the conditions established pursuant to Section 1601 et seq. of the Fish and Game Code shall become conditions of the contract. SECTION 9 - MEASUREMENT and PAYMENT 9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK 9-1.4 Units of Measurement, modify as follows: The system of measure for this contract shall be the U.S. Standard Measures. 9-3 PAYMENT. 9-3.1 General. Delete the eighth paragraph and substitute the following: Guarantee periods shall not be affected by any payment but shall commence on the date of recordation of the "Notice of Completion" 9-3.2 Partial and Final Payment. Delete the second paragraph and substitute the following: Each month, the Engineer will make an approximate measurement of the work performed to the closure date as basis for making monthly progress payments. The estimated value will be Revised 10/08/03 Contract No.PWGSI 92 Page 55 of 113 Pages City of Carlsbad December 2005 based on contract unit prices, completed change order work and as provided for in Section 9-2 of the Standard Specifications (SSPWC). Progress payments shall be made no later than thirty (30) calendar days after the closure date. Five (5) working days following the closure date, the Engineer shall complete 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 supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why the supplemental payment request was not proper. In conformance with Public Contract Code 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 685.010 of the Code of Civil Procedure. Add paragraph 6 et seq. as follows: After final inspection, the Engineer will make a Final Payment Estimate and process a corresponding payment. This estimate will be in writing and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the contract bid item and change order item with quantities and payment amounts and shall show all deductions made or to be made for prior payments and amounts to be deducted under provisions of the contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate. The Contractor shall have 30 calendar days from receipt of the Final Payment Estimate to make written statement disputing any bid item or change order item quantity or payment amount. The Contractor shall provide all documentation at the time of submitting the statement supporting its position. Should the Contractor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all contract bid items and change order items. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item within 30 calendar days and make any appropriate adjustments on the Final Payment. Remaining disputed quantities or amounts not approved by the Engineer will be subject to resolution as specified in subsection 3-5, Disputed Work. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said disputed items. The Engineer will consider the merits of the Contractor's claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information and details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items. 9-3.2.1 Payment for Claims. Add the following: Except for those final payment items disputed in the written statement required in subsection 9-3.2 all claims of any dollar amount shall be Revised 10/08/03 Contract No.PWGSI92 Page 56 of 113 Pages City of Carlsbad December 2005 submitted in a written statement by the Contractor no later than the date of receipt of the final payment estimate. Those final payment items disputed in the written statement required in subsection 9-3.2 shall be submitted no later than 30 days after receipt of the Final Payment estimate. No claim will be considered that was not included in this written statement, nor will any claim be allowed for which written notice or protest is required under any provision of this contract including sections 3-4 Changed Conditions, 3-5 Disputed Work, 6-6.3 Payment for Delays to Contractor, 6-6.4 Written Notice and Report, or 6-7.3 Contract Time Accounting, unless the Contractor has complied with notice or protest requirements. The claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. The Engineer will consider and determine the Contractor's claims and it will be the responsibility of the Contractor to furnish within a reasonable time such further 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 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 subsection 3-5, Disputed Work, for those claims remaining in dispute. Add the following section: 9-3.3.1 Delivered Materials. The cost of materials and equipment delivered but not incorporated into the will not be included in the progress estimate. Add the following section: 9-3.4.1 Mobilization and Preparatory Work. Payment for mobilization and preparatory Work will be included in the various items of work and no other payment will be made. Revised 10/08/03 Contract No.PWGSI 92 Page 57 of 113 Pages THE CITY OF CARLSBAD TECHNICAL SPECIFICATIONS Cultural Arts Center 2955 Elmwood Street Carlsbad California 92008 Fire Station #3 3710 Catalina Drive Carlsbad California 92008 Heritage Hall 258 Beach Avenue Carlsbad California 92008 Swim Complex 3401 Monroe Street Carlsbad California 92008 Revised 02/22/06 Contract No.PWGS192 Page 58 of 113 Pages TABLE OF CONTENTS Facility Introductions 61 Section 01010 Summary of Work 62 Section 01100 Substitutions 63 Section 01200 Coordination and scheduling 65 Section 01300 Submittals 68 Section 01400 Quality Control 70 Section 06100 Carpentry-Dry Rot-Termite Damage Siding Installation 71 Section 07513 Cold-Process Built-Up Modified Bitumen Asphalt Roofing 75 Section 07520 Asphalt Composition Shingles 97 Section 07600 Sheet Metal Components 102 Section 09900 Painting 108 Revised 02/22/06 Contract No.PWGSI 92 Page 59 of 113 Pages Introductions: Cultural Arts Center- This building is a converted residential building, which has current use as a cultural, and arts center. The building appears to have been constructed in the 1970's or earlier. It is a one-story wood frame structure with a low slope (approximately 4/12 pitch) shingle roof. The building has a chimney, roof vents and valley metal. The building has at least two layers of shingle roofing, which must be removed, and a new roof installed. The roof area is approximately 3200 square feet and the cost for such roofing work should be between $12,000 to $18,000. Fire Station #3- This building is a commercial fire station structure which has current use as an operational fire station and residential structure. The building appears to have been constructed in the 1980's or earlier. It is a one-story wood frame structure with a medium slope (approximately 6/12 pitch) concrete tile roof. The building has, roof vents and transition flashing and wall flashing. The building has at one layer of concrete tile roofing, which must be removed, and a new roof installed. The roof area is approximately 3800 square feet and the cost for such roofing work should be between $35,000 to $45,000. Heritage Hall- This building is a historic building, which has current use as a community special use center. The building appears to have been constructed in the 1950's or earlier. It is a one- story wood frame structure with a high slope (approximately 12/12 pitch) shingle roof. The building has, roof vents and transition flashing and wall flashing. The building has at least two layers of shingle roofing, which must be removed, and a new roof installed. The roof area is approximately 2200 square feet and the cost for such roofing work should be between $15,000 to $20,000. Swim Complex- This building is a pool service and rest room building. The building appears to have been constructed in the 1960's. It is a one-story structure. The building has at one layer of roofing at this time. The roof is in very bad condition and must be replaced or restored per specifications. The approximate cost for such coating work should be between $25,000 to $30,000. Revised 02/22/06 Contract No.PWGSI92 Page 60 of 113 Pages SECTION 01010 • SUMMARY OF WORK 1.01 SCOPE A. The Contractor shall supply all labor, transportation, material, apparatus and tools necessary for the entire proper completion of this work, and shall install, maintain and remove all equipment for the proper execution of his contract, and be responsible for safe, proper and lawful performance of his equipment, maintenance and the use of the same, and shall perform in the best manner, and everything properly incidental thereto, as stated in the contract documents, or reasonably implied therein all work as outlined in this manual. 1.02 EXISTING CONDITIONS A. The contractor shall make a site inspection and evaluation of the existing general condition of the building and premises to substantially and adequately determine his ability to perform the work as specified herein. This evaluation shall be conducted prior to submittal of any bid or proposal regarding this project and as required by the purchasing conditions of the project manual. B. The details and information contained in this manual are not represented or guaranteed by the City of Carlsbad to be accurate as to the actual "as built" condition of the building or any modification thereof. The bidder shall verify all dimensions, quantities of all materials, products and time required to complete the disciplines outlined herein. 1.03 DESCRIPTION OF WORK A. The work includes, but is not limited to, replacement or restoration per attached specifications. B. The Contractor shall be responsible for obtaining all permits, licenses as required by local, state and federal government departments, agencies or boards. END OF SECTION Revised 02/22/06 Contract No.PWGS192 Page 61 of 113 Pages SECTION 01100 - SUBSTITUTIONS 1.01 DESCRIPTION A. Whenever possible throughout the Contract Documents, the minimum acceptable quality workmanship and materials has been defined by manufacturer's name and catalog number referenced to recognize industry standards or description of required attributes and performance. B. To ensure that the specified products are furnished and installed in accordance with the original design intent, procedures have been established for advance submittal design data and for the review by The City of Carlsbad's Representa- tive. C. Make all submittals required by the Contract Documents, and revise and resubmit as required to establish compliance with the specified requirements. 1.02 SUBSTITUTIONS A. Substitutions shall only be accepted only after the base bid is submitted by the bidding contractor based on the specified products, construction, services. These specifications have been prepared to limit design and application proce- dures to certain materials and their installation procedures. The intent of the specifications is not to limit competitive bidding, only to assure compliance with the wishes of The City of Carlsbad to utilize proven systems, which have provided satisfactory results in the past through experience of the City of Carlsbad. 1.03 PRODUCTS A. In the event substitutions become necessary, the contractor shall provide manu- facturer's cut sheets, product safety information and required environmental data sheets. Complete manufacturers literature, suppliers information shall also be required. B. All substitutions required to complete the project shall be equal to or superior in all character, physical properties and shall meet or exceed ASTM grading meth- ods. The submittal shall include and clearly identify all physical properties and performance characteristics of both the original and proposed product for substi- tution. C. The City of Carlsbad's Representative shall make the final decision of acceptabil- ity of the proposed product substitution. 1.04 QUALITY ASSURANCE A. Prior to each submittal, carefully review and coordinate all aspects of each item being submitted and verify that each item and the submittal for it conforms in all respects with the original requirements of the Contract Documents. oRevised 02/22/06 Contract No.PWGSI 92 Page 62 of 113 Pages 1.05 MANUFACTURER'S LITERATURE Where contents of submitted literature from manufacturers includes data not pertinent to the submittal, clearly indicate which portion of the literature pertains to the proposed change, which is being submitted for change. B. Number of copies required, shall include an adequate amount for proper authori- zation and return, plus an amount allowing for a copy to be retained by the City of Carlsbad. 1.06 SAMPLES A. Samples of proposed substitutions shall be submitted upon request for review and approval of the City of Carlsbad. B. Samples shall be provided in adequate quantities for this purpose if requested. The samples shall be precise and reflect exactly the proposed substitution. C. Unless the colors and pattern is specifically described in the Contract Documents, and whenever a choice of color or pattern is available in a specified product, submit accurate color and pattern charts to the City of Carlsbad for review and approval. END OF SECTION Revised 02/22/06 Contract No.PWGSI 92 Page 63 of 113 Pages SECTION 01200 - COORDINATION AND SCHEDULING 1.01 SITE AND ACCESS AND AVAILABILITY A. Bidders must attend the Pre-Bid meeting. If additional inspections are required, an appointment may be made with the City of Carlsbad for access. B. Pursuant to execution of a contract and written Notice to Proceed is issued by The City of Carlsbad; the premises shall be made available for completion of the work as specified. Care, custody and control of the work site, equipment area and material storage area are vested in the Contractor during the operations un- der the contract. C. Failure to examine the project-building site and to become familiar with the existing conditions shall not constitute cause for complaint or for extra charges whatsoever. D. Existing conditions may not be shown on the drawings (if included) and some modification of details may be required to accomplish the intent of the documents. All modifications or adjustments are to be approved in advance by the City of Carlsbad. E. Means of ingress or egress to buildings shall not be blocked for any reason or hamper the normal operations of the building in any way unless permission is first obtained from The City of Carlsbad. Fire protection and immediate access for fire-fighting equipment must be maintained at all times. 1.02 ENVIRONMENT REQUIREMENTS A. The Contractor shall protect the occupants of the building from dust, moisture, or fumes, of any kind during construction and shall inform the City of Carlsbad of any conditions, which could affect occupancy during completion of the work. B. The City of Carlsbad states that there are no known environmental health haz- ards related to the work included in this project. 1.03 COORDINATION WITH THE CITY OF CARLSBAD A. It is The City of Carlsbad's intention that the building will be utilized in the usual manner in accordance with normal schedule: therefore, the Contractor executing this contract, work must schedule his work so as to interfere least with normal ac- tivities and shall coordinate his work with The City of Carlsbad for areas affecting interior spaces having critical occupancy requirements. B. Work that might interfere with the use of the facilities by The City of Carlsbad shall be accomplished at a time approved beforehand by the City of Carlsbad. C. Prior to starting any work on the Contract, The City of Carlsbad's Representative and the Contractor will meet at the site to determine procedures and schedules, Revised 02/22/06 Contract No.PWGSI 92 Page 64 of 113 Pages review submittals for the work. The job supervisor shall be present at this meet- ing. 1.04 COORDINATION OF THE WORK A. The Contractor submitting the bid to The City of Carlsbad has the responsibility for coordinating the work of subcontractors and for scheduling all work so a safe, debris free, obstacle free condition (in all common areas and rest rooms) is main- tained and all work required by the Contract Documents is completed and sched- uled. B. The Contractor shall submit a detailed work schedule prior to commencement of the work as specified herein. 1.05 STATEMENT OF COORDINATION A. The Contract Documents have been checked by the City of Carlsbad, and to the best of their knowledge and belief, are reasonably free from errors, omissions, conflicts, inconsistencies, code violations, and improper use of materials. To re- solve and expedite any problems that may exist with the Contract Documents, specifications, details the contractor shall follow the procedures described herein. B. The Contractor shall carefully study and compare the Contract Documents and at once report to the City of Carlsbad any error, omission, conflict, inconsistency or code violation he may discover. C. The Contractor shall read and comply with the requirements of this section. Compliance with these requirements does not obligate the Contractor to correct the problems that are identified without written consent and instructions for cor- rective measures. D. Contractor shall resolve all exceptions that are identified, as described above, prior to commencement of the work. If any portion of the completed Statement of Coordination identifies conflicts or conditions which interfere with the integrity of, function, or architectural appearance of the work, and which cannot be resolved by the Contractor without additional expense, he shall inform the City of Carlsbad in writing. Any work performed prior to acceptance by the City of Carlsbad shall be performed at the Contractor's risk. 1.06 EXPEDITION OF THE WORK A. Should any activity not be completed within the number of days allowed and as stipulated at the Pre-Bid Meeting, the City of Carlsbad's Representative shall have the right to order the Contractor to expedite completion of the activity by whatever means the City of Carlsbad's Representative deems appropriate and necessary, without additional compensation to the Contractor. B. It is expressly understood and agreed that failure by the City of Carlsbad's Representative to exercise the option to either order the Contractor to expedite an Revised 02/22/06 Contract No.PWGSI 92 Page 65 of 113 Pages activity or to expedite the activity by other means shall not be considered prece- dent setting for any other activities. C. During completion of the work, any work is rejected for non-compliance, the contractor shall not be allowed to claim additional days be added to his contract time limit, nor shall the contractor have any claim whatsoever against the City of Carlsbad for such delays. END OF SECTION Revised 02/22/06 Contract No.PWGSI92 Page 66 of 113 Pages SECTION 01300 - SUBMITTALS 1.01 TO BE INCLUDED WITH BID A. Provide Certificates of Insurance as required by the City of Carlsbad. B. Contractor shall submit a completed copy of documents, approvals, permits for use in the specified construction if applicable. 1.02 DELIVERY OF REQUIRED MATERIALS A. Within 10 Days After Award of Contract: 1. Contractor shall submit two copies of a complete list of all materials and products proposed to be used in this construction. The list shall identify each item stating brand name and/or description, applicable ASTM or Federal Specification number, name of manufacturer and proposed use(s). Also include thickness, sizes or gauges if applicable. 2. Contractor shall submit a complete list of all equipment proposed for use in this construction (other than regular power tools and equipment). 3. Contractor shall submit a letter from the primary material manufacturers stating intent to issue the specified guarantee. The letter shall contain the following information: a. Project name, project address and site. b. Length of guarantee. Per the City of Carlsbad c. Shall cover all defects in labor and material, which occur during the guaranteed period. d. Manufacturer's additional requirements, if any. e. Sample copy of actual guarantee. Submit list of subcontractors, if any, for review and acceptance by the City of Carlsbad, prior to executing subcontracts. Proposed subcontractors shall be established, reputable firms with a record of satisfactory past performance with the type of work to be per- formed. B. Prior to Fabrication 1. Shop drawings required by the specifications shall be submitted promptly to the City of Carlsbad so that review can be made without any delay in the work. Checking and acceptance of shop drawings by the City of Carlsbad is for general conformance with design intent and contract re- quirements and does not relieve the Contractor of the responsibility to ver- Revised 02/22/06 Contract No.PWGS192 Page 67 of 113 Pages ify accuracy of dimensions, obtain field dimensions, coordinate dimen- sions with work of others, and prevent interference with other equipment and other features of the work. 2. Samples of materials required by the technical specifications shall be submitted with complete identifying information, such as brand names, brief description, source of material, date sampled, location sampled, etc. C. During Progress of the Work 1. Contractor shall submit manufacturer's product specifications, installation instructions, and general recommendations for each principal system product required. He shall include data substantiating that materials com- ply with requirements including certificates and delivery logs for bulk mate- rials, and records on field testing for pull resistance for fasteners, adhe- sion, or other requirements verification is to be obtained prior to com- mencement of application. D. Prior to Final Acceptance: 1. Written notice to the City of Carlsbad that the work required of the Con- tractor has been completed. 2. The signed guarantee forms required in the technical sections shall be submitted to the City of Carlsbad.. 3. Submit warranty to the City of Carlsbad that all work, materials, and equipment are free and clear of liens, claims, security, interest, and en- cumbrances. END OF SECTION Revised 02/22/06 Contract No.PWGS192 Page 68 of 113 Pages SECTION 01400 - QUALITY CONTROL 1.01 QUALITY CONTROL A. A licensed inspector may be retained by the City of Carlsbad to provide a quality control, and a scheduled inspection program conducted during the progress of the work, including monitoring of installation of the work specified herein. B. The work may be subject to continual audit by the inspector. The Contractor is to notify the inspector when work is to begin in sufficient time to arrange required in- spection and is to remain in continual contact with the inspector during the pro- gress of the work either in person or telephonically. He shall provide safe access to all work areas during the completion of the work. C. The Contractor has been allowed a certain number of days to complete the work as specified by the City of Carlsbad. With exception of inclement weather or cir- cumstances beyond the control of the Contractor (as determined by The City of Carlsbad) the contractor must complete the work within the days allowed. In the event the contractor fails to complete the work within the specified days, the Con- tractor shall be responsible for additional reasonable charges (standard rates) for inspection services required as a result of the failure of the Contractor to com- plete the work in a timely manner. The Contractor agrees to have such charges deducted from his payments at the discretion of the City of Carlsbad. 1.02 INSTALLER REQUIREMENTS A. The Contractor shall be currently approved and certified by the appropriate manufacturer of the products being used if applicable. B. Except as modified and supplemented herein, the Contractor shall follow the published requirements and written recommendations of the manufacturer of the related materials manufacturers. C. If in the opinion of the Contractor, the specified work cannot be successfully completed for any reason, the Contractor shall notify the City of Carlsbad prior to commencement of the work or the completion of work in progress. 1.03 PRE-JOB CONFERENCE A. Prior to installation and commencement of the work, a Pre-Job Conference shall be held to discuss the execution of the work as described herein. The Contrac- tor, Supervisor, The City of Carlsbad's Representative, inspector or any other in- terested parties involved in the completion of the work. B. Attendees shall review all pertinent details of the work and the logistical impact on the operation of the City of Carlsbad's building uses or operations. Also to be dis- cussed, the delivery of materials, delivery of submittals, samples, environmental concerns or any other pertinent information to commencement and completion of the work as specified. Revised 02/22/06 Contract No.PWGSI 92 Page 69 of 113 Pages 1.04 FIELD QUALITY CONTROL A. The City of Carlsbad may require that appropriate tests be conducted to verify that the installation is in compliance (if required) with the manufacturer's require- ments. B. Tests when so required shall be made in accordance with recommended meth- ods as approved and endorsed by the material manufacturer whose materials have been approved for use on this project or as directed by the inspector. 1.05 FINAL INSPECTION A. An The City of Carlsbad's Representative shall conduct the Final Inspection of the completed work. A punch list of all deficiencies shall be prepared by the City of Carlsbad. B. A retainer shall be withheld from the Contractors Total Contract Sum, in accor- dance with the contract documents. SECTION 06100 - CARPENTRY-DRY ROT-TERMITE DAMAGE* *(This section applies to Fire Station #3)_ PART 1 - GENERAL 1.01 DESCRIPTION OF WORK A. Scope 1. The extent of wood work is indicated by provisions of this section, Existing wood fascia and trim is defined to include wood components be removed and replaced. Replacement of wood fascia and trim must follow specific plans, (see attached) All bidders shall use their own footage as the basis of their bids for all other visible damaged wood members related to roofing installation. B. Related Work Specified Within This Manual: All specified sections C. This section includes all labor, material, equipment, transportation, installation and related services required to complete the work as specified herein. D. No work of this section shall be installed under the conditions set forth unless it can be protected the same day it is installed against the elements or unexpected environmental conditions. Revised 02/22/06 Contract No.PWGSI92 Page 70 of 113 Pages 1.02 JOB CONDITIONS A. Existing construction may not be represented in the specifications; the details and some modifications may be required to complete the work as specified herein. Any modifications or alterations shall be submitted to the City of Carlsbad for express approval prior to any modification to the specifications by the Contractor. Any modifications completed without the express consent of the City of Carlsbad shall be the risk of the Contractor and shall not be charged to the Owner. B. Existing wood rafters, roof deck, which are found to have unsatisfactory damage either split, broken, rotted, delaminated shall be replaced. C. Protection to and of the existing property shall be the responsibility of the Contractor. Any related wood product removed without the presence of the Owner's Representative shall not be removed from the job site until it has been inspected by the City of Carlsbad. 1.03 GUARANTEE A. The work performed under this section shall be WARRANTED FOR FIVE YEARS. PART 2 - PRODUCTS 2.01 LUMBER A. Lumber shall be standard light framing grade, Douglas Fir, Number 2, free of major defects. The lumber shall be of required thickness and length and width as specified, wood currently rough sawn shall be replaced with like materials in finish and sizes, to match sizes exactly unless approved by Owner. B. Moisture content of the lumber shall not exceed 19 percent at the time of installation under any circumstances. Stored lumber shall be protected from inclement weather during the completion of the work. Any unprotected material, which has been exposed to moisture during the completion of the work, shall be removed from the job site and replaced by the Contractor at no additional charge to the Owner. C. All exposed wood members shall be lumber having water-borne preservatives treatment using the vacuum pressure process. The retention of dry salt shall not be in excess of 0.28 pounds per cubic foot of wood. 2.02 FASTENERS A. Lumber to lumber galvanized coated of adequate length to penetrate adjoining lumber a minimum of 1.25 inches, except on lumber within 1.25 inches in thickness. B. Plywood to lumber, ring shank or annular threaded nails, 8d for 1/2" plywood and 10d for 3/4" plywood. Galvanized phillips head screws shall be substituted in this section. Revised 02/22/06 Contract No.PWGS192 Page 71 of 113 Pages C. Plywood or lumber to masonry, specially threaded anchors of sufficient length to penetrate the masonry a minimum of 1.5 inches. Fasteners such as Tapcon, manufactured by Buildex or approved equal. Expansion anchors of drilled or shot type, similar to products manufactured by Molly Division, USM Corporation or Hilti Fastening Systems equivalent in pull out strength. Either countersink fasteners or use flat head type D. Coating for fasteners shall be hot dip zinc, ASTM 153, except where penetration occurs through lightweight insulating concrete or other materials where corrosion resistant fasteners are recommended by the material manufacturer of the penetrated material. PART 3 - EXECUTION 3.01 PREPARATION OF SURFACES A. Remove or modify existing construction to extent necessary to join wood members to existing, and otherwise complete the work. B. Surfaces to receive new wood products shall be free of dirt, debris and loose materials and obstructions, which will not allow uniform installation of new lumber or plywood. C. Surfaces shall be free of moisture, ice, snow, and dew in any visible or real quantities. D. Reset or replace existing fasteners for materials exposed but left in place that are loose, damaged, bent or corroded. No nail or fastener, which has been bent over upon application, shall be left in place, or hammered flat into the wood surface. If wood is damaged it shall be removed and replaced. E. The contractor is responsible to inspect all exposed surfaces to see that conditions are satisfactory for installation of his new work. F. Fastening of existing wood members left in place must be inspected for conformance and must be upgraded to meet requirements specified herein. 3.02 GENERAL INSTALLATION A. All blocking and nailers are to be in straight lines and level planes and at proper elevation for installation of specified roof system. B. Warped wood members are not to be used unless they can be fastened adequately, to permanently hold them in there require alignment. C. Lumber to lumber: 1. Nail spacing to be maximum of 16 inches on-center and staggered across face of piece. Fastener also to be located within three inches of each end of piece. Maxi- mum spacing of six inches on-center, eight feet each way from outside corners for roof edge blocking. Revised 02/22/06 Contract No.PWGSI 92 Page 72 of 113 Pages 2. Nail heads to be flush with wood surface and nail shall penetrate adjoining piece minimum 1.25 inches. 3. The installed withdrawal resistance shall be a minimum of 100 pounds per nail. D. Lumber or plywood to concrete or masonry: 1. Anchor to be spaced maximum three feet on-center and staggered if lumber is more than five inches wide. 2. Head of anchor to be flat or countersunk flush with surface but no more than 1/3 the thickness of the fastened piece. 3. Withdrawal resistance shall be a minimum of 400 pounds per anchor or number of fasteners increased accordingly from that specified. Minimum penetration of 1/2 inches into the concrete. 3.03 FIELD QUALITY CONTROL A. Refer to Division 1, Section 01400 for general requirements pertaining to quality control. B. Alignment and elevation of installed wood will be checked by Owner's Representative. C. Field tests will be performed by Owner's Representative to evaluate moisture content of installed materials. END OF SECTION oRevised 02/22/06 Contract No.PWGSI 92 Page 73 of 113 Pages SECTION 07513 - COLD PROCESS BUILT-UP ASPHALT ROOFING* PART 1 - *(This section applies to the Swim Complex) PART 2 - GENERAL 2.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 2.2 SUMMARY A. This Section includes the following: 1. Cold Process Built-up asphalt roofing system with white reflective surface. 2. Manufacturer's Preventative Maintenance Agreement 3. Prior bidder's approval submittal. 2.3 DEFINITIONS A. Roofing Terminology: Refer to ASTM D 1079 and glossary of NRCA's "The NRCA Roofing and Waterproofing Manual" for definition of terms related to roofing work in this Section. B. Cold Process Built Up Roofing - An asbestos free formulation of asphalt, solvent, thixotrope, mineral stabilizer and reinforcing fibers used as an interply adhesive and flood coat. 2.4 PERFORMANCE REQUIREMENTS A. General: Provide installed roofing membrane and base flashings that remain watertight; do not permit the passage of water; and resist specified uplift pressures, thermally induced movement, and exposure to weather without failure. B. Material Compatibility: Provide roofing materials that are compatible with one another under conditions of service and application required, as demonstrated by roofing manufacturer based on testing and field experience. C. Fire-Test-Response Characteristics: Provide roofing materials with the fire-test- response characteristics indicated as determined by testing identical products per test method below by UL or FMG. Materials shall be identified with appropriate markings of applicable testing and inspecting agency. Revised 02/22/06 Contract No.PWGS192 Page 74 of 113 Pages 1. Exterior Fire-Test Exposure: Class A; ASTM E 108, for application and roof slopes indicated. D. Wind Uplift Test: UL 580 Uplift Resistance of Roofing Assemblies. 1. Minimum 90 Ibs psf. E. FMG Listing: Provide roofing membrane, base flashings, and component materials that comply with requirements in FMG 4450 and FMG 4470 as part of a roofing system. 1. Roofing system shall comply with the following: a. FM 1-49 Loss Prevention Data Sheet for Perimeter Flashing. b. FM 1-28 Loss Prevention Data Sheet for Wind Loads to Roof Systems and Roof Deck Securement. c. FM 1-29 Loss prevention Data Sheet Above Deck Roof Components. d. NRCA Manual for Low-Slope Roofing Construction Details (Fifth Edition). e. SMACNA Manual (Fifth Edition). f. ASCE 7, Chapter 6. 2.5 SUBMITTALS A. Submit all documentation 8 days prior to bid due date for prior approval to bid project. B. Product Data: For each type of product indicated. C. Shop Drawings: For roofing system. Include plans, elevations, sections, details, and attachments to other Work. 1. Base flashings, cants, and membrane terminations. 2. Crickets, saddles, and tapered edge strips, including slopes. 3. Base sheet fastening patterns. D. Samples for Verification: For the following products: 1. 4-by-12-inch (300-by-300-mm) square of ply sheet. 2. 4-by-12-inch (300-by-300-mm) square of cap sheet. E. Installer Certificates: Signed by roofing system manufacturer certifying that Installer is approved, authorized, or licensed by manufacturer to install roofing system. F. Manufacturer Certificates: Signed by roofing manufacturer certifying that roofing system complies with requirements specified in "Performance Requirements" Article. 1. Submit evidence of meeting performance requirements. G. Qualification Data: For Installer, manufacturer and manufacturer's technical representative as specified in "Quality Assurance" Article. H. Manufacturer Certificates: Indicating compliance of proposed products with requirements, including: 1. Product Compatibility: Indicate manufacturer has verified compatibility of roofing system components, including but not limited to: Roofing base and ply sheets, membrane backer and flashing sheets, reinforcement fabric felts and mats, adhesives, mastics, coatings, and sealants. Revised 02/22/06 Contract No.PWGS192 Page 75 of 113 Pages I. Product Test Reports: Based on evaluation of comprehensive tests performed by manufacturer and witnessed by a qualified testing agency, for roofing system and system components. 1. Include report-showing compliance with ASTM 2523 load-strain properties requirements. J. Maintenance Data: For roofing system to include in maintenance manuals. K. Warranties: Special warranties specified in this Section. L. Inspection Report: Copy of roofing system manufacturer's inspection report of completed roofing installation. M. Certificate of Insurance showing Products Liability in the amount of $25 million minimum and provide an affidavit signed by a corporate officer showing corporate net worth of $50 million minimum. N. Provide a list of five (5) projects available for inspection employing same roof system with the same components in service for five years minimum within a radius of 50 miles of the of Carlsbad. Provide location, contact name, and telephone number. O. Substitutions 1. In accordance with California public contract code section 3400, when a particular make or trade name is specified, it shall be indicative of standard required. The City of Carlsbad may be unaware of any material, process or article desired and shall be deemed to followed by the words and/or equal, and contractors may, unless otherwise stated, offer any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified by delivering to the City a completed substitution request. If the material, process or article offered by the contractor in the substitution request is not, in the best judgment of the City/Architect, substantially equal or better in every respect to that specified, then the contractor shall furnish any material, process or article specified. Burden of proof as to quality of material, process or article proposed in substitution request shall rest with the contractor. The contractor proposing substitutes shall submit the following 10 days prior to bid date to owner: a. Provide complete and precise information required in the Substitution Request Questionnaire found in section 3.8. b. All supporting information required in the Substitution Request Questionnaire. c. All material samples set forth in the Submittal Section of specification. 2. If requested by the City/Architect, the contractor shall, at the contractor's sole cost and expense, have the proposed substitution material, apparatus, equipment or process tested under the direction of the . A testing laboratory selected by the City/Architect shall test quality and strength, physical, chemical or other characteristics, durability finish, or efficiency. It will be the responsibility of the contractor to provide all necessary evidence for the /Architect to evaluate a proposed substitute by fully complying with the requirements set forth in the Substitution Request Questionnaire. Revised 02/22/06 Contract No.PWGSI 92 Page 76 of 113 Pages 3. The City of Carlsbad reserves right to be final authority on acceptance or rejection of any substitute based on full compliance with the requirements set forth in the Substitution Request Questionnaire. 4. If a substituted system is accepted as equal, all other bidding contractors will be allowed to submit a bid price on the substituted system. 2.6 QUALITY ASSURANCE A. Installer Qualifications: A qualified firm that is approved, authorized, or licensed by roofing system manufacturer to install manufacturer's product and that is eligible to receive manufacturer's warranty. B. Installer Shall: 1. Submit an affidavit attesting that Contractor has in place and fully implemented a written Health, Safety and Environmental Plan and the plan is compliant with all applicable Federal, State and Local regulations. 2. Be experienced in cold applied roofing applications for 10 years minimum. 3. Be acceptable to Owner. 4. Be a manufacturer Certified Contractor. 5. Not have been in Chapter 7 bankruptcy during the last ten (10) years. 6. Provide a list of ten (10) projects available for inspection employing same roof system. 7. Acquire inspection service days utilizing manufacturer's technical inspectors. a. The minimum number of full time Technical Service inspection days will be three (3) days for a project of 200 squares or less. b. The number of days will increase at a rate of one (1) day for each additional 100 squares. C. Manufacturer Qualifications: A qualified manufacturer that has UL listing and FMG approval for roofing system identical to that used for this Project. D. Manufacturer Shall: 1. Be Associate Member in good standing with National Roofing Contractors Association (NRCA) for at least five (5) years. 2. Be nationally recognized in the roofing, waterproofing and moisture survey industry. 3. Be approved by Owner. 4. Has not been in Chapter 11 bankruptcy during the last five (5) years. 5. Provide evidence of financial responsibility: Certificate of Insurance showing Products Liability in the amount of $25 million minimum and provide an affidavit signed by a corporate officer showing corporate net worth of $50 million minimum. 6. Provide a copy of Corporate Health, Safety and Welfare policy. 7. Be ISO 9001 registered for at least the prior five (5) years 8. Furnish a service agreement / warranty. 9. Provide Owner names of at least five (5) qualified applicators. 10. Show use of specified system components in use for five (5) years minimum on five (5) projects within 50 mile radius of the of Carlsbad. Revised 02/22/06 Contract No.PWGSI92 Page 77 of 113 Pages 11. Employ full-time Field Technical Services Representatives for daily job-site monitoring and production of daily reports. 12. Require local Field Representatives to make periodic job-site visits and produce work quality and progress reports. 13. Provide a Project Closeout Report upon delivery of the project warranty. This report to include: a. Project Specifications. b. Project Summary. c. Progress reports as a result of roof inspections. d. Job-site progress photos. e. Warranty document. f. Owners Manual describing maintenance and emergency repair. E. Manufacturer's Technical Representative Qualifications: An authorized full-time employee representative of manufacturer experienced in the installation and maintenance of the specified roofing system and qualified to determine Installer's compliance with the requirements of this Project. F. Source Limitations: Obtain components for roofing system and maintenance agreement service from single manufacturer. G. Pre-installation Conference: Conduct conference at Project site. Comply with requirements in Division 1 Section "Project Management and Coordination." Review methods and procedures related to roofing system including, but not limited to, the following: 1. Meet with Owner, Architect, Owner's insurer if applicable, testing and inspecting agency representative, roofing Installer, roofing system manufacturer's representative, deck Installer, and installers whose work interfaces with or affects roofing including installers of roof accessories and roof-mounted equipment. 2. Review methods and procedures related to roofing installation, including manufacturer's written instructions. 3. Review and finalize construction schedule and verify availability of materials, Installer's personnel, equipment, and facilities needed to make progress and avoid delays. 4. Examine deck substrate conditions and finishes for compliance with requirements, including flatness and fastening. 5. Review structural loading limitations of roof deck during and after roofing. 6. Review base flashings, special roofing details, roof drainage, roof penetrations, equipment curbs, and condition of other construction that will affect roofing system. 7. Review governing regulations and requirements for insurance and certificates if applicable. 8. Review temporary protection requirements for roofing system during and after installation. 9. Review roof observation and repair procedures after roofing installation. Revised 02/22/06 Contract No.PWGSI 92 Page 78 of 113 Pages 2.7 DELIVERY, STORAGE, AND HANDLING A. Deliver roofing materials to Project site in original containers with seals unbroken and labeled with manufacturer's name, product brand name and type, date of manufacture, and directions for storage. B. Store liquid materials in their original undamaged containers in a clean, dry, protected location and within the temperature range required by roofing system manufacturer. Protect stored liquid material from direct sunlight. 1. Discard and legally dispose of liquid material that cannot be applied within its stated shelf life. C. Protect roof insulation materials from physical damage and from deterioration by sunlight, moisture, soiling, and other sources. Store in a dry location. Comply with insulation manufacturer's written instructions for handling, storing, and protecting during installation. D. Handle and store roofing materials and place equipment in a manner to avoid permanent deflection of deck. 2.8 PROJECT CONDITIONS A. Weather Limitations: Proceed with installation only when existing and forecasted weather conditions permit roofing system to be installed according to manufacturer's written instructions and Warranty requirements. 2.9 WARRANTY A. Special Warranty: Manufacturer's Warranty and Service Agreement in which manufacturer agrees to repair or replace components of roofing system that fail in materials or workmanship within specified warranty period. Failure includes roof leaks. 1. Special warranty includes roofing membrane, base flashings, roofing membrane accessories, roof insulation, all sheet metal-related details, and termination details. 2. Manufacturer will provide, at no cost to owner, the following services in Years 2, 5, and 10: a. Inspection by a Technical Representative and delivery of a written inspection report documenting roof conditions. b. Preventative maintenance and necessary repairs, including splits, tears, or breaks in the roof membrane system and flashings that threaten the integrity of the roof system and are not exempt from coverage due to neglect, negligence, vandalism, or other exclusion. c. General rooftop housekeeping and clean-up, subject to limits, but generally including removal of incidental debris. 3. Warranty Period: 15 years from date of Substantial Completion. B. Special Project Warranty: Submit roofing Installer's warranty, on warranty form at end of this Section, signed by Installer, covering Work of this Section, including all components of Revised 02/22/06 Contract No.PWGSI 92 Page 79 of 113 Pages roofing system such as roofing membrane, base flashing, roof insulation, fasteners, cover boards, substrate boards, vapor retarders, roof pavers, and walkway products, for the following warranty period: 1. Warranty Period: Two years from date of Substantial Completion. 2.10 PREVENTATIVE MAINTENANCE AGREEMENT A. Service agreement executed by the approved roofing manufacturer providing web-based database inspection reports, leak call service, scheduled housekeeping, and scheduled preventive maintenance and emergency storm service. Included areas: roof membrane, drains, gutters, scuppers, metal edge flashings, parapet wall and counter flashing system and equipment/projection flashing components. This agreement will run simultaneously in conjunction with roofing manufacturer's warranty listed in section 1.9A. 1. Summary a. The following services will be provided to building owner for roofs on designated facilities owned or managed by the City. This is a request to furnish a program, which meets all of the following provisions in the specifications. 2. Scheduled housekeeping: a. Biannual 3. Scope of Work a. Furnish equipment, personnel, materials and all related components to provide a roof maintenance service to the specified buildings as outlined herein. b. Work includes: 1) Roof Inspection Report. 2) Toll Free 1-800 Telephone Leak Reporting & Tracking System. 3) Written Roof Repair and Maintenance Guidelines. 4) Storm Inspections and Written Report. 5) Bi-Annual Roof Top Housekeeping 6) Bi-Annual Roof Preventive Maintenance 4. Roof Inspection Reports a. Provide detailed roof top inspection and summary of roof conditions for each roof section covered under this agreement. b. Existing construction of all roof areas. c. Existing conditions of all roof areas. d. Definitions of Roofing Industry Terminology. e. CADD Drawing of roof areas. f. Photographs of major roof areas and system defects. 1) Four to six photos of each roof area. 2) Overview photos for each roof area. 3) Flashing detail photos for each roof area. g. Provide detailed scope of work performed at bi-annual inspections 5. Toll Free 1-800 Telephone Leak Reporting & Tracking System a. Provide a Toll Free 1-800 telephone number to owner/customer to report any roof leaks that may occur between inspections. b. The 1-800 telephone number will be in operation 24 hours a day, 7 days a week. Revised 02/22/06 Contract No.PWGSI 92 Page 80 of 113 Pages c. Manufacturer will provide owner/customer with a 24-hour or less, on-site response to the reported leak at no additional charge. d. Manufacturer will provide owner/customer with a follow-up field inspection of the repaired area, as required, to ensure quality and assess the repair for additional repair work, if required. e. Manufacturer will monitor all leak events and provide quarterly reports as follows: 1) Time and date leak call reported. 2) Time repair crew was on-site, initiating leak repair activities. 3) Time repair crew completed the roof repair. 4) Cause of the roof leak (Warranted or Non-Warranted?). 5) Was repair long-term or short-term. 6) Upon the building owner/customer request, a Manufacturer representative will provide a scope of work/project specification including budget estimates for all non-warranted roofing repairs. 6. Repair and Maintenance Guidelines a. Provide roof repair and maintenance guidelines to the building owner/customer. b. Review the repair and maintenance guidelines and quality standards with Manufacturer. 7. Storm Inspection and Report a. Per the owner's request, Manufacturer will complete a walk-over visual roof inspection, noting any conditions that may effect the performance of the roof system. b. Manufacturer shall advise building owner/customer of any potential damage that may have occurred to the roof system or related components, due to the presence of severe weather. c. Manufacturer shall provide building owner/customer with a written summary of field observations. 8. Bi-Annual Roof Top Housekeeping a. Inspect roof membrane, drains, gutters and scuppers for debris. b. Remove, bag and properly dispose of all debris from the roof membrane, drains, gutters and scuppers. 9. Bi-Annual Roof Preventive Maintenance a. Metal Edge Flashing Components 1) Inspect related roofing component. 2) Tear, splits and breaks in the membrane flashing shall be repaired with appropriate compatible repair mastics and membranes. 3) Open flashing strip-ins will be repaired with appropriate compatible repair mastics and membranes. 4) Metal edge cleats and clips will be re-secured. 5) Exposed fasteners will be re-seated and re-sealed. b. Parapet Wall and Counter flashing Systems 1) Inspect related roofing component. 2) Tear, splits and breaks in the membrane flashing shall be repaired with appropriate compatible repair mastics and membranes. 3) Open flashing strip-ins will be repaired with appropriate compatible repair mastics and membranes. 4) Breaks, tears and splits in flashing strip-ins will be repaired with appropriate compatible repair mastics and membranes. Revised 02/22/06 Contract No. PWGS192 Page 81 of 113 Pages 1*4? 5) Coat all exposed reinforcing membranes with approved mastics. 6) Exposed fasteners will be re-seated and re-sealed. 7) Voids in termination bars, counter flashings and parapet caps will be cleaned and reseated. 8) Re-secure termination bars and counter flashings. 9) Check and re-secure loose metal coping caps to cleats. c. Equipment and Projection Flashing Components. 1 ) Inspect related roofing component. 2) Tear, splits and breaks in the membrane flashing shall be repaired with appropriate compatible repair mastics and membranes. 3) Open flashing strip-ins will be repaired with appropriate compatible repair mastics and membranes. 4) Breaks, tears and splits in flashing strip-ins will be repaired with appropriate compatible repair mastics and membranes. 5) Coat all exposed reinforcing membranes with approved mastics. 6) Exposed fasteners will be re-seated and re-sealed. 7) Unsecured roof top equipment will be secured. 8) Re-secure termination bars and counter flashings. 9) All pitch pocket details will be refilled and topped off. 10) Metal projections (hoods and clamps) will be checked and resealed. d. Roof Membrane Preventive Maintenance and Repair e. Inspect related roofing component. f. Tear, splits and breaks in the membrane shall be repaired with appropriate compatible repair mastics and membranes. g. Open flashing strip-ins will be repaired with appropriate compatible repair mastics and membranes. h. Breaks, tears and splits in membrane will be repaired with appropriate compatible repair mastics and membranes. 1 ) Coat all exposed reinforcing membranes with approved mastics. 2) Exposed fasteners will be re-seated and re-sealed. 3) Voids in termination bars, counter flashings and parapet caps will be cleaned and resealed. 4) Dress reflective coatings on flashings. 5) All membrane repairs will follow the Manufacturer's written repair and maintenance guidelines. i. Drains, Gutters and Scuppers 1) Inspect related roofing component. 2) Check and re-secure drain bolts and clamping rings. 3) Advise owner of missing drain dome strainers. 4) Check strip-ins around drain leads and coat with approved mastic. 5) Check gutter straps, joints and strip-ins. 6) Check inside and exterior of scuppers for open solder or caulking seals. j. Membrane Repairs 1 ) Membrane defects, including but not limited to blisters, buckles, splits, unadhered felt edges, fishmouths, holidays, voids, ridging and picture framing, shall be repaired as necessary. 10. Adjusting and Cleaning Revised 02/22/06 Contract No.PWGSI 92 Page 82 of 1 1 3 Pages a. Remove dumpster from premises when full. Empty at approved dumping or refuse area. Deliver empty dumpster to site for further use. b. Upon project completion, remove dumpster from premises. c. Clean up spilled and scattered debris immediately. d. Removed material to be disposed from roof as it accumulates. e. Immediately upon completion, clean roof membrane and flashing surfaces of debris. f. Clean gutters, down spouts and drain lines of debris. 11. Maintenance Period: a. 15 years. PART 3 - PRODUCTS 3.1 MANUFACTURERS A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. Built-up Asphalt Roofing: a. Tremco, Inc. b. Pre-approved alternate manufacturers meeting all requirements and having products with equal or better properties may be acceptable. B. Total Roof Membrane Test: 1. Provide a roofing membrane identical to component systems that have been successfully tested by a qualified independent testing and inspecting agency to meet the following minimum load-strain properties at membrane failure when tested according to ASTM D 2523: a. Tensile Strength MD 795 Ibf/in ASTM 2523 b. Tensile Strength XMD 825 Ibf/in ASTM 2523 c. Elongation MD 3.80% ASTM 2523 d. Elongation XMD 4.90% ASTM 2523 3.2 ROOFING MEMBRANE PLIES A. Sheathing Paper: Red-rosin type, minimum 5 lb/100 sq. ft. B. Ply Sheet: ASTM D 4601, Type II, SBS-modified asphalt-impregnated and -coated trilaminate sheet, with glass-fiber/polyester/glass-fiber-reinforcing mat, dusted with fine mineral surfacing on both sides. 1. Weight 31 Ibs/100 sq ft ASTM D 228 2. Tensile Strength MD 312 Ibf/in ASTM D 5147 3. Tensile Strength XMD 290 Ibf/in ASTM D 5147 4. Tear Strength MD 540 Ibf ASTM D 5147 5. Tear Strength XMD 558 Ibf ASTM D 5147 Revised 02/22/06 Contract No.PWGSI 92 Page 83 of 113 Pages 6. Elongation MD 7.2% ASTM D 5147 7. Elongation XMD 8.3% ASTM D 5147 3.3 ROOF SURFACING A. Cap Sheet: California Title 24 certified ASTM D 6163 Grade G Type II SBS modified asphalt-impregnated and coated, reinforced composite polyester/glass-fiber cap sheet, with white coarse mineral-granule top and factory applied, white, reflective acrylic coating. 1. Tensile Strength 318lbf/inMD ASTM D 5147 2. Tensile Strength 349lbf/in XD ASTM D 5147 3. Tear Strength 475lbfMD ASTM D 5147 4. Tear Strength 478lbfXD ASTM D 5147 5. Elongation 10% MD ASTM D 5147 6. Elongation 10% XD ASTM D 5147 3.4 FLASHING MATERIALS A. Flashing Sheet: Elastomeric sheeting compounded from CSPE elastomer laminated to a high strength polyester reinforcing scrim. 1. Color: White. 2. Tensile Strength 225 Ibf ASTM D 751-89 3. Tear Strength 90 Ibf ASTM D 751-89 4. Elongation 25% ASTM D 751-89 B. Flashing Adhesive: One-part elastomer formulated as an adhesive to bond CSPE Sheeting. 1. Color: White. C. Stripping: Polyester mesh. D. Stripping Adhesive: One part elastomeric acrylic-based compound for stripping and waterproofing seams and edges. 1. Color: White. E. Glass-Fiber Fabric: Woven glass-fiber cloth treated with asphalt, complying with ASTM D 1668, Type I. F. Metal Flashing Sheet: 24 gage galvanized sheet metal. 1. Metal counter flashing. 2. Metal gravel stop. 3. Metal coping. 4. Metal termination bar. 3.5 ASPHALT MATERIALS Revised 02/22/06 Contract NO.PWGS192 Page 84 of 113 Pages