HomeMy WebLinkAboutSouthern California Roofing; 2003-03-04; FAC03-05DOC # 2003-1303920
OCT 249 2003 4~06 PM
OFFICI# REwwls SAN DIEGO COUNTY REMIRDER’S OFFICE GREGORY J. SHITHY CMTY RECORDER FEES: 0.00
Recording requested by:
CITY OF CARLSBAD When recorded mail to:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad CA 92008
Space above for Recorder’s use
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner of interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is City of Carlsbad, a municipal corporation.
3. The full address of the undersigned is 1200 Carlsbad Village Drive, Carlsbad, California 92008.
4. The nature of the title of the undersigned is: In fee.
5. A work of improvement on the property hereinafter described was completed on October 3,2003.
6. The name of the contractor, if any, for such work of improvement is Southern California Roofing
Company
7. The property on which said work of improvement was completed is in the City of Carlsbad, County
of San Diego, State of California, and is described as follows:
8. The street address of said property is:
Contract No. FAC03-05, Project No. 36422 Furnishing & Installing a New Roof at the Carlsbad Senior Center
799 Pine Avenue, Carlsbad, California 92008
CJTYIOF CARLSBAD
DepGtyFblic Works Director
VERIFICATION OF CITY CLERK
I, the undersigned say:
I am the City Clerk of the City of Carlsbad, 1200 Carlsbad Village Drive, Carlsbad CA 92008; the City
Council of said City on , 2003 accepted the above work as completed
and ordered that a Notice of Completion be filed.
October 21
I declare under penalty of perjury that the foregoing is true and correct.
, 2003 at Carlsbad, California A Executed on October 22
AB #17,353
Resolution No. 2003-279
October 21, 2003
e%mk An. Wood, City Clerk
3
CITY OF CARLSBAD
San Diego County
California
CONTRACT DOCUMENTS AND
SUPPLEMENTAL PROVISIONS
FOR
F
CONTRACT NO. FAC03-05
PWS03-10FAC
a Revised 07/29/02 Contract Wa. ,FAC03-05 Page 1 of 80 Pages
. TABLE OF CONTENTS
.
,-
. Item Paae
Notice Inviting Bids ........................................................................................................................ 5
Contractor's Proposal .................................................................................................................... 9
Bid Security Form .......................................................................................................................... 13
Bidder's Bond To Accompany Proposal ....................................................................................... 14
Guide For Completing the "Designation Of Subcontractor and Amount Of Subcontractor's
Bid Items" and "Designation of Owner Operator/Lessor and Amount Of Owner OperatodLessor
Work" Forms .......................................................................................................................... 16
Designation Of Subcontractor and Amount Of Subcontractor's Bid Items ................................. 18
Designation Of Owner Operator/Lessor and Amount Of Owner OperatodLessor Work ............ 19
Bidder's Statement Of Financial Responsibility ............................................................................ 20
Bidder's Statement Of Technical Ability And Experience ............................................................. 21
Bidder's Certificate Of Insurance For General Liability, Employers' Liability, Automotive
Liability And Workers' Compensation .......................................................................................... 22
Bidder's Statement Of Re Debarment .......................................................................................... 23
Bidder's Disclosure Of Discipline Record ......................................................................... 24
Non-Collusion Affidavit To Be Executed By Bidder And Submitted With Bid .............................. 26
Contract Public Works ................................................................................................................... 27
Labor And Materials Bond ............................................................................................................. 33
Faithful PerformanceNVarranty Bond ........................................................................................... 35
Optional Escrow Agreement For Surety Deposits In Lieu Of Retention ....................................... 37
Part 1
Section 1
1-1
1-2
1-3
Section 2
2-3
2-4
SUPPLEMENTAL PROVISIONS
General Provisions
Terms. Definitions Abbreviations And Symbols
Terms ................................................................................................................... 40
Definitions ............................................................................................................. 40
Abbreviations ........................................................................................................ 41
Scope And Control Of The Work
Subcontracts ........................................................................................................ 42
Contract Bonds ..................................................................................................... 42
@ Revised 07/29/02 Contract No . FAC03-05 Page 2 of 80 Pages
. 2-5 Plans And Specifications ...................................................................................... 43
2-1 0 Authority Of Board And Engineer ......................................................................... 44
Section 3 Changes In Work
3-2 Changes Initiated by the Agency .........................................................................
3-3 ............................................................................................................
3-4
Extra Work
Changed Conditions .............................................................................................
3-5 Disputed Work ......................................................................................................
Section 4 Control Of Materials
4-1 Materials And Workmanship ................................................................................
4-2 Materials Transportation. Handling and Storage ..................................................
Section 5 Utilities
5-1 Location ................................................................................................................
5-4 Relocation .............................................................................................................
Section 6 Prosecution. Progress And Acceptance Of The Work
6- 1 Construction Schedule And Commencement Of Work ........................................
6-2 Prosecution Of Work ............................................................................................
6-6 Delays And Extensions Of Time ..........................................................................
6-7 Time of Completion ..............................................................................................
6-8 Completion And Acceptance ................................................................................
6-9 Liquidated Damages ............................................................................................
. Section 7
7-3
7-4 7-5
7-7
7-8
7-1 0
7-1 3
Responsibilities Of The Contractor
Liablllty Insurance .................................................................................................
Workers’ Compensation Insurance ............................. i ........................................
Permits .................................................................................................................
Cooperation and Collateral Work .........................................................................
Project Site Maintenance .....................................................................................
Public Convenience And Safety ...........................................................................
Laws To Be Observed ..........................................................................................
..
Section 9 Measurement and Payment
9- 1 Measurement Of Quantities For Unit Price Work .................................................
9-3 Payment ................................................................................................................
Part 2 Construction
Section 200 General
200-1 Related Documents ..............................................................................................
200-2 Summary ..............................................................................................................
200-3 Definitions .............................................................................................................
200-4 Performance Requirements ................................................................................. 200-5 .............................................................................................................
200-6
Submittals
200-7
Quality Assurance
Delivery. Storage. and Handling ..........................................................................
200-8 ................................................................................................
200-9
Project Conditions
Warranty ...............................................................................................................
................................................................................................
45
45
45 47
50
50
51
51
51
55
55
56
56
56
56
57
57 57
57
58
59
59
60
61
61
61 61
62
63
66
66
66
Revised 07/29/02 Contract No . FAC03-Os Page 3 of 80 Pages
..
.
Part 3 Construction
Section 300 Product
300- 1 Manufacturers ......................................................................................................
300-2 Base-Sheet Materials ...........................................................................................
300-3 Roofing Membrane Plies ......................................................................................
300-4 Flashing Materials ................................................................................................
300-5 Asphalt Materials ..................................................................................................
300-6 Auxiliary Roofing Membrane Materials ................................................................
Part 4 Construction
Section 400 Execution
400-1 Examination ..........................................................................................................
400-2 Preparation ...........................................................................................................
400-3 Roofing Membrane Installation. General .............................................................
400-4 Roofing Membrane Installation ............................................................................
400-5 Flashing. Stripping and Metal Installation ............................................................
400-6 Field Quality Control .............................................................................................
400-7 Protecting and Cleaning .......................................................................................
400-8 Roofing Installer's Warranty .................................................................................
69
69
69
70
70
71
72
72
73
73 74
77
77
79
a Revised 07/29/02 Contract No . FAC03-05 Page 4 of 80 Pages
CITY OF CARLSBAD, CALIFORNIA
NOTICE INVITING BIDS
Until 4:OO p.m. on November 18, 2002, the City shall accept sealed bids, clearly marked as such, at
the Faraday Center, 1635 Faraday Avenue, Carlsbad, CA 92008-731 4, Attn: Purchasing Officer, by
mail, delivery service or by deposit in the Bid Box located in the first floor lobby, at which time they
will be opened and read, for performing the work as follows: Furnishing and installing a new roof at
the Carlsbad Senior Center, 799 Pine Avenue.
CONTRACT NO. FAC03-05
Furnishincr & Installins A New Roof at the Carlsbad Senior Center
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 d,
1997 Edition, and the 1998 and 1999 sumlements 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.
The documents which comprise the Bidder‘s proposal and that must be completed and properly
executed including notarization where indicated are:
a Revised 07/29/02 Contract No. FAC03-Os Page 5 of 80 Pages
1.
2. 3.
4.
Contractor’s Proposal
Bidder’s Bond Non-Collusion Affidavit Desianation of Subcontr
8. Acknowledgement of Addendum(a)
9. Certificate of Insurance. The riders covering the City, its officials, employees and volunteers *actors may be omitted at the time of bid submittal but and imount of Subcontractor Bid shall be provided by the Bidder prior to award of
Amount of Owner OperatorRessor Work 10.Bidder‘ s Statement Re Debarment 5. Designation of Owner Operator/Lessors & this contract.
6. Bidder’s Statement of Financial Responsibility 11 .Bidder’s Disclosure Of Discipline Record 7. Bidder’s Statement of Technical Ability and 12.Escrow Agreement for Security Deposits - Experience (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 Estimate is $240,000.
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.
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.
@ Revised 07/29/02 Contract No. FAC03-05 Page 6 of 80 Pages
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 41 07 and 41 07.5.
The provisions of Part 7, Chapter 1, of the Labor Code commencing with section 1720 shall apply to
the Contract for work.
A mandatory pre-bid meeting and tour of the project site will be held at the Senior Center (799 Pine
Avenue) on Thursday, October 31,2002, at 9:00 a.m.
All bids are to be computed on the basis of the given estimated quantities of work, as indicated in this
proposal, times the unit price as submitted by the bidder. In case of a discrepancy between words
and figures, the words shall prevail. In case of an error in the extension of a unit price, the corrected
extension shall be calculated and the bids will be computed as indicated above and compared on the
basis of the corrected totals.
All prices must be in ink or typewritten. Changes or corrections may be crossed out and typed or
written in with ink and must be initialed in ink by a person authorized to sign for the Contractor.
Bidders are advised to verify the issuance of all addenda and receipt thereof one day prior to
bidding. Submission of bids without acknowledgment of addenda may be cause of rejection of bid.
The Contractor shall provide bonds to secure faithful performance and warranty of the work in an
amount equal to one hundred percent (100%) of the Contract price on this project. The Contractor
shall provide bonds to secure payment of laborers and materials suppliers, in an amount equal to:
1) One hundred percent (100%) of the total amount payable by the terms of the contract when the
total amount payable does not exceed five million dollars ($5,000,000).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total
amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
exceeds ten million dollars ($1 0,000,000).
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 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:
Revised 07/29/02 Contract No. FAC03-05 Page 7 of 80 Pages
1) Meet the conditions stated above for all insurance companies.
2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned,
non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate must state the coverage is for "any auto" and cannot be limited in any manner.
Workers' compensation insurance required under this contract must be offered by a company
meeting the above standards with the exception that the Best's rating condition is waived. The City
does accept policies issued by the State Compensation Fund meeting the requirement for workers'
compensation insurance.
The Contractor shall be required to maintain insurance as specified in the Contract. Any additional
cost of said insurance shall be included in the bid price.
The award of the contract by the City Council is contingent upon the Contractor submitting the
required bonds and insurance, as described in the contract, within twenty days of bid opening. If the
Contractor fails to comply with these requirements, the City may award the contract to the second or
third lowest bidder and the bid security of the lowest bidder may be forfeited.
The prime contractor and all subcontractors are required to have and maintain a valid City of
Carlsbad Business License for the duration of the contract.
Approved by the City Council of the City of Carlsbad, California, by Resolution No. 2002-281,
adopted on the 24'h day of September, 2002.
a Revised 07/29/02 Contract No. FAC03-05 Page 8 of 80 Pages
CITY OF CARLSBAD
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,-
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”
CONTRACT NO. FAC03-05
Furnish & Install A New Roof at the Carlsbad Senior Center
City Council
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
CONTRACTOR’S PROPOSAL
DATE t ..... .I b. tL
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. FAC03-05 in accordance with the Plans, Specifications,
Supplemental Provisions and addenda thereto and that he/she will take in full payment therefor the
following unit prices for each item complete, to wit:
Item - No. DescriDtion
SCHEDULE “A”
Roof at the Carlsbad Senior Center
A-1 Furnish all materials and
labor to install specified
roofing and related
components at Senior Center
Approximate
Quantity Unit
and Unit Price - Total
LS $ 1,235.29 $168,000.00
Total amount of bid in numbers for Schedule “A: $ 168 fooo .O0
Price(s) given above are firm for 90 days after date of bid opening.
Addendum(a) No(s). 1 , 2 r 3 has/have been received and idare 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
Revised 07/29/02 Contract No. FAC03-05 Page 9 of 80 Pages
I business Or act in the capacity of a contractor within the State of California, validly licensed under license number 678741 , classification B I C39 I C46 which expires on
an affidavit.
10/31/2003 , and that this statement is true and correct and has the legal effect of -
A bid submitted to the City by a Contractor who is not licensed as a contractor pursuant to the
6 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 9 201 04.
I Business and Professions Code shall be considered nonresponsive and shall be rejected by the City
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
hidher 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 Bond (Cash, Certified Check, Bond or
Cashier's Check) for ten percent (1 0%) 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.
IF A SOLE OWNER OR SOLE CONTRACTOR SIGN HERE:
(1) Name under which business is conducted
(2) Signature (given and surname) of proprietor
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
a Revised 07/29/02 Contract No. FAC03-05 Page 10 of 80 Pages
Personnel List Page 1 of 1
California Home Monday, November 25,2002
Personnel List CALIFORNIA CONTRACTORS STATE LICENSE BOARD
Contractor License # 678741
Click on the person's name to see a more detailed page of information on that person.
Name Title Association Disassociation Class More
Date Date Class
RME 1 0/1 a1 993 06/29/2001 B More
C39 More
CERRA. ROSS
CARMEN
KHoURI' BRUCE RMO/CEO/PRES 10/12/1993 MICHAEL
License Number Request Contractor Name Request Personnel Name Request
Salesperson Request Salesperson Name Request
0 2002 State of California. Gray Davis, Governor. Conditions of Use Privacy Policy
11/25/2002
License Detail Page 2 of 2
the amount of $7,500 with the bonding company
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA.
Effective Date: 08/30/2001
Contractor's Bondina History
BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO)
BRUCE MICHAEL KHOURI 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: 06/24/2002
BQl's Bondina History
* * * Workers Compensation Information * * *
This license has workers compensation insurance with the
STATE COMPENSATION INSURANCE FUND
Policy Number: 046-0006225 Effective Date: 06/01/1996 Expire Date: 01/01/2003
Workers Compensation History
______~ Personnel List
_" License Number "" Request Contractor Name Request Personnel Name Request
Salesperson Request Salesperson Name Request
Q 2002 State of California. Gray Davis, Governor. Conditions of Use Privacy Policy
11/25/2002
License Detail
California Home
Page 1 of 2
Monday, November 25,2002
License Detail CALIFORNIA CONTRACTORS STATE LICENSE BOARD
Contractor License # 678741
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 is prohibited by law from disclosing,complaints until they are referred for
Per B&P 7071.17, only construction related civil judgments known to the CSLB
Arbitrations are not listed unless the contractor fails to comply with the terms of
Due to workload, there may be relevant information that has not yet been entered
legal action. i
are disclosed.
the arbitration.
onto the Board's license data base.
Extract Date: 1 1/25/2002
* * * Business Information * * *
SCR GROUP INC dba: SOUTHERN CALIFORNIA ROOFING COMPANY
9623 IMPERIAL HWY
DOWNEY, CA 90242
Business Phone Number: (562) 803-5583
Entity: Corporation Issue Date: 10/12/1993 Expire Date: 10/31/2003
* * * License Status * * *
This license is current and active. All information below should be reviewed.
* * * Classifications * * *
GENERAL BUILDING CONTRACTOR
ROOFING
* * * Bonding Information * * *
CONTRACTOR'S BOND: This license filed Contractor's Bond number 103726516 in
http://www2.cslb.ca.gov/CSLB_LIBRARY/License+Detail.asp 11/25/2002
IF A PARTNERSHIP, SIGN HERE:
(1) Name under which business is conducted
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(2) Signature (given and surname and character of partner) (Note: Signature must be made by a
general partner)
(3) Place of Business
(Street and Number)
City and State
(4) Zip Code Telephone No.
IF A CORPORATION, SIGN HERE:
(1) Name under which business is conducted
I SCR Group, Inc. dba Southern California Roofing Company
(Bruce Khouri)
President
(Title)
Impress Corporate Sea! here
(3) Incorporated under the laws of the State of Nevada
(4) Place of Business 9623 Imperial Highway
(Street and Number)
City and State Downey, California
(5) Zip Code 90242 Telephone No. (562) 803-5583
a Revised 07/29/02 Contract No. FAC03-05 Page 11 of 80 Pages
" CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
L
State of CALIFORNIA
County of LOS ANGELES
On November 25,2002 before me, Pamela Jo Gill, NOTARY PUBLIC
DATE NAME. TITLE OF OFFICER - E G . "JANE DOE, NOTARY PUBLIC
personally appeared BRUCE KHOURI
NAME(S) OF SIGNER(S)
personally known to me - OR - uproved to me on the basis of satisfactory evidence
to be the person@) whose name@) is/-
subscribed to the within instrument and ac-
knowledged to me that he/- executed
the same in his/keF/.tkeif authorized
capacity(&), and that by his/lx?rM&
signature(s) on the instrument the person(s)
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS m hand and official seal. n
I I rwuyr~ me uata O~IUW IS r101 requlreo uy law. 11 rnay prove va~uau~e IU persorls relylrly 011 me uocurrterll arm motu preve~n lrrauuulerll reaoacrlnleru VI Ints rurrrl
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
PRESIDENT TITLE(S)
0 PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S) 0 GUARDIAN/CONSERVATOR [7 OTHER:
TlTLt ORmMtNI
NUMBtH Ut PAGES
OA I t OT[TOCUMLNT
NAME OF PERSON(S) OR ENTITY(IES)
SIGNER IS REPRESENTING:
SCR Group, Inc. dba
Southern California Roofing Company
NONE SIGNEROATHAN NAMEDTESVE
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
AlTACHED
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:
Bruce Khouri, president
Bruce Khouri, Secretary
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a Revised 07/29/02 Contract No. FACO3-05 Page 12 of 80 Pages
NOT APPLICABLE
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.I” BID SECURITY FORM
(Check to Accompany Bid)
CONTRACT NO. FAC03-05
Furnish & Install A New Roof at the Carlsbad Senior Center
(NOTE: The following form shall be used if check accompanies bid.)
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Accompanying this proposal is a *Certified *Cashiers check payable to the order of CITY OF
CARLSBAD, in the sum of
dollars ($ 1,
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.
*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.)
e Revised 07/29/02 Contract No. FAC03-05 Page 13 of 80 Pages
11/01/2002 09:19 562-E03-3934
C'
S C R - SALES PAGE 02/63
.._
BIDDER'S BOND TO ACCOMPANY PROPOSAL
Furnlsh & Install A New Roof at the Carlsbad Senior Centel
CONTRACT NO. FAC03-05,
KNOW ALL PERSONS BY THESE PRESENTS:
Thatwe,California Roofing Company , as Principal, and Company Of &-~rica I
(must be at least ten percent (10%) of the bid amount)m In Dollars ($lo%******) for which
SCR Group, Inc. dba Southern Travelers Casualty and Surety
as surety are held and ffrmly bound unto the City of Ca~~~a~e~~~~~m~~ei~~g~~ount as follows:
payment, Well and tmly made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OSLlGATlON IS SUCH that if the proposal of the above-
bounden Principal for:
CONTRACT NO. FAC03-05 - FURNISH 8 INSTALL A NEW ROOF AT THE CARLSBAD SENIOR
CENTER
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 Ci of Carisbad, 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.
... ...
..I ... ... ... .. . ... ... ... ... ...
..I ... ... ... ... ... ... ... .. . ... ... .. .
11/81/2002 09:19 562-E83-3934 S C R - SALES PkIGE, 83/83
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 thls 15th day of November ,20 02 *
PRINCIPAL: SCR Group, Inc. dba
Bruce Khouri
(print name here)
president (a Nevada Corporation)
Bruce Khouri
(print name here)
Secretary (a Nevada Corporation)
(title and organization of signatory)
Executed by SURETY this 5th day of November I20 02 .
SURETY:
Travelers Casualty and
surety Company of America
(name of Surety)
Glendale, CA 91203 700 N. Central Avenue, Suite 800
(address of Surety)
JOHN D. HUNSINGER
(printed name of Attorney-in-Fact)
(Attach corporate resolution showing current power of attorney.)
(Proper notarial acknowledgment of execution by PRINCIPAL and SURETY must be attached.)
(President or vice-president and secretary or assistant secretary must sign for corporations. If only
one officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering that officer to bind the corporation.)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
Company Profile Page 1 of 2
,.”-
Company Profile n
TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA
C/O TRAVELERYAETNA PROP & CAS CO ONE TOWER
SQUARE
HARTFORD, CT 06183
800-392-5494
Former Names for Company
Old Name: AMERICA Effective Date: 07-01-1997 AETNA CASUALTY & SURETY COMPANY OF
Agent for Service of Process
JAM BURKS, 21688 GATEWAY CENTER DRIVE 3RD FLOOR DIAMOND BAR, CA 91765
Unable to Locate the Agent for Service of Process? -
Reference Information
NAIC #: 31 194
NAIC Group #: 3321
California Company ID #: 2444-8
Date authorized in California: July 31, 1981
License Status: UNLIMITED-NORMAL
Company Type: Property & Casualty
State of Domicile: CONNECTICUT
Lines of Insurance Authorized to Transact
The company is authorized to transact business within these lines of insurance. For an explanation of
any of these terms, please refer to the glossary.
AIRCRAFT
AUTOMOBILE
BOILER AND MACHINERY
BURGLARY
COMMON CARRIER LIABILITY
11/25/2002
Company Profile Page 2 of 2
CREDIT
DISABILITY
FIRE
LIABILITY
MARINE
MISCELLANEOUS
PLATE GLASS
SPRINKLER
SURETY
TEAM AND VEHICLE
WORKERS' COMPENSATION
Company Complaint Information
Company Enforcement Action Documents
ComDany Performance & Comparison Data
Composite Complaint Stu-
Want More?
Help Me Find a Company Representative in My &g
Financial Rating Organizations
Last Revised - October 29,2002 01:45 PM
Copyright 0 California Department of Insurance
Disclaimer
11/25/2002
c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.-
.-
State of CALIFORNIA
County of LOS ANGELES
On November 25,2002 before me, Pamela Jo Gill, NOTARY PUBLIC
personally appeared BRUCE KHOURI
DATE NAME TITLE OF OFFICER - E G "JANE DOE NOTARY PUBLIC
NAME(S) OF SIGNER(S)
mpersonally known to me - OR - uproved to me on the basis of satisfactory evidence
to be the person(s) whose name@) is/afe
subscribed to the within instrument and ac-
knowledged to me that he/- executed
the same in his/4e&kif authorized
capacity(ies), and that by his/-
signature(s) on the instrument the person(s)
or the entity upon behalf of which the
person(s) acted, executed the instrument. PAMELA JO GILL
Commission # 1316134 t 3 Notary Public - California f i Los Angeles County WITNESS my hand and official seal.
A YdPA SIGNATURE OF NOTARY
I I riuuyrl me oa~a D~IUW IS r101 requlreo ~y law, II may pruve va~uau~e IO persuns relymy url me uuwlneru arm CUUIO prevent prauuulenl remacrlrnenl UI 1n1s wrrrl.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
PRESIDENT
TITLE(S) 11- OF DOmkNI
PARTNER(S) LIMITED 0 GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDlANlCONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
SCR Group, Inc. dba
Southern California Roofing Company
NAME OF PERSON(S) OR ENTITY(IES)
NONE
Vt
,- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Los Angeles
On November 05,2002 before me, Donna M. Green, Notary Public,
personally appeared JOHN D. HUNSINGER,
personally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person
whose name(?() is/-subscribed to the within instrument and
acknowledged to me that he/dwkwy executed the same in his-
authorized capacitym), and that by his- signature@ on the
instrument the person$$ or the entity upon behalf of which the person@ acted, executed the instrument.
N
WITNESS my hand and official seal.
Signature of Not&
Though the data below is not required by law, it may prove valuable to persons relying on the
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF
0 INDIVIDUAL 0 CORPORATE OFFICER
0 PARTNER(S) 0 ATTORNEY-IN-FACT
OTHER.
,-
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS Hartford, Connecticut 06183-9062
Naperville, Illinois 60563-8458
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a
corporation duly organized under the laws of the State of Illinois, and having its principal ofice in the City of Naperville, County of
DuPage, State of Illinois, (hereinafter the “companies”) hath made, constituted and appointed, and do by these presents make,
constitute and appoint: William C. Van Rooy, John D. Hunsinger or Mary Smith * *
of South Pasadena, CA their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute
and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated
by hidher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the
nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
the following instrument(s):
and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers
of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
-VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
ccond Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company’s name and seal with the Company’s seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, ay
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company’s seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys-in-Fact and Agents pursuant to the.power prescribed in his or her certificate or their certificates of authoriq or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be aflixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and _- certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or ndertaking to which it is attached.
(8-97)
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND
SURETY COMPANY OF ILLINOIS have caused this instrument to be signed by their Senior Vice President, and their corporate
seals to be hereto affixed this 18th day of December, 1999.
STATE OF CONNECTICUT
}SS. Hartford
COUNTY OF HARTFORD
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
CONN. 1971 George W. Thompson Senior Vice President
On this 18th day of December, 1999 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, the corporations described in and which executed the
above instrument; that he/she kn0u.s the seals of said corporations; that the seals affixed to the said instrument are such corporate
seals; and that he/she executed the said instrument on behalf of the corporations by authority of hidher office under the Standing
Resolutions thereof.
expires June 30, 2001 Notary Public
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of the
State of Illinois, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains In
full force and has not been rejroked: and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the
Certlficate of Authority, are now in force.
Signed and Sealed at the Home Ofice of the Company, in the City of Hartford, State of Connecticut. Dated this 5th day of
November ,2002 ,
Since 1926
“ Southmrn California
Roofing Company
“When A Quality Roof Really Counts”
SCR GROUP, INC.
A Nevada Corporation
Minutes of Special Meeting
OFFICERS AUTHORIZED TO CONTRACT
To authorize the officers to contract and obligate the corporation, in the ordinary course of
business, the following resolution was, upon motion duly made, seconded and carried, adopted:
RESOLVED: That the officer(s) indicated below, [any one acting alone], is/are hereby
authorized to sign contracts and obligations on behalf of the corporation:
Name of Officer
Bruce Khouri
Bruce Khouri
Bruce Khouri
Edward Stevenson
Office Held
President
Secretary
Treasurer
Chief Executive Officer
ADJOURNMENT
There being no further business to come before the meeting, upon motion duly made, seconded
and unanimously carried, the meeting was adjourned.
Dated: December 28,2001
1 Bruce Khour‘ sident
CERTIFICATION:
I hereby certify this document is true and correct
to thhyy knowledge.
9623 E. Imperial Highway, Downey, CA 90242 . 562/803-5583 800/537-1402 Fax 562/803-3934 . SCR Group, Inc. SL# 678741
. "
GUIDE FOR COMPLETING
THE "DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS"
AND
"DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK" FORMS
REFERENCES Prior to preparation of the following Subcontractor and Owner OperatodLessor
disclosure forms Bidders are urged to review the definitions in section 1-2 of the SSPWC and of the
Supplemental Provisions to this Contract especially, "Bid", "Bidder", "Contract", "Contractor",
"Contract Price", "Contract Unit Price", "Engineer", "Subcontractor" and "Work" and the definitions in
section 1-2 of the Supplemental Provisions especially "Own Organization" and "Owner
Operator/Lessor." Bidders are further urged to review sections 2-3 SUBCONTRACTS of the
SSPWC and section 2-3.1 of these Supplemental Provisions.
CAUTIONS These forms will be used by the Agency to determine the percentage of work that the
Bidder proposes to perform. Bidders are cautioned that failure to provide complete and correct
information may result in rejection of the bid as non-responsive. Any bid that proposes performance
of more than 50 percent of the work by subcontractors or owner operator/lessors or otherwise to be
performed by forces other than the Bidder's own organization will be rejected as non-responsive.
Specialty items of work that may be so designated by the Engineer on the "Contractor's Proposal"
are not included in computing the percentage of work proposed to be performed by the Bidder.
INSTRUCTIONS The Bidder shall set forth the name and location of business of each and every
subcontractor or Owner Operator/Lessor who the Bidder proposes to perform work or labor or render
service in or about the work or improvement, and every subcontractor or Owner Operator/Lessor
licensed as a contractor by the State of California who the Bidder proposes to specially fabricate and
install any portion of the work or improvement according to detailed drawings contained in the plans
and specifications in excess of one-half of one percent (0.5%) of the Bidder's total bid or ten
thousand dollars ($10,000) whichever is greater. Said name(s) and location(s) of business of
subcontractor(s) shall be set forth and included as an integral part of the bid offer.
Bidder shall use separate disclosure forms for each Subcontractor or Owner Operator/Lessor of
manpower and equipment that it proposes to use to complete the Work. Additional copies of the
forms must be attached if required to accommodate the Contractor's decision to use more than one
Subcontractor or Owner Operator/Lessor. All items of information must be completely filled out.
These forms must be submitted as a part of the Bidder's sealed bid. Failure to provide complete and
correct information may result in rejection of the bid as non-responsive.
Neither the amount, in dollars, of work performed by the Bidder's own forces (as Contractor) nor the
Bidder's overhead and profit for subcontracted items of the work is included to compute the percentage of the work performed by Subcontractors or Owner OperatorslLessors.
When the Bidder proposes that any bid item will installed by a Subcontractor or Owner
Operator/Lessor the amount, in dollars, of the bid item installed by each Subcontractor or Owner
Operator/ Lessor must be entered under the columns "Amount of Subcontracted Bid Item Including
.. . Subcontractor's Overhead & Profit" or I' Amount of Owner Operator/Lessor Bid Item Including Owner
Operator/Lessor's Overhead & Profit I' unless the dollar amount of all work performed by any
Subcontractor or Owner OperatodLessor is less than one-half of one percent (0.5%) of the Bidder's
OperatodLessor installs or constructs any portion of a bid item the entire amount of the Contract Unit
Price, less the Bidder's overhead and profit, shall be multiplied by the Quantity of the bid item that the
" total bid or ten thousand dollars ($10,000) whichever is greater. If a Subcontractor or Owner
- Subcontractor or Owner OperatodLessor installs to compute the amount of work so installed.
Revised 07/29/02 Contract No. FAC03-05 Page 16 of 80 Pages
- _- Suppliers of materials from sources outside the limits of work are not subcontractors. The value of
materials and transport of materials from sources outside the limits of work, as shown on the plans,
shall be assigned to the Contractor, the Subcontractor, or the Owner OperatodLessor, as the case
may be, that the Bidder proposes as installer of said materials. The value of material incorporated in
any Subcontractor or Owner Operator/Lessor installed bid item that is supplied by the Bidder shall be
Owner Operator/Lessor installing said item.
- included as a part of the work that the Bidder proposes to be performed by the Subcontractor or
c The item number from the "CONTRACTOR'S PROPOSAL" (Bid Sheets) shall be entered in the "Bid
Item No." column.
When a Subcontractor or Owner OperatorlLessor has a Carlsbad business license the number must
be entered on the form. If the Subcontractor does not have a valid business license enter "NONE" in
the appropriate space.
-
-. Bidders shall make any additional copies of the disclosure forms as may be necessary to provide the
required information. The page number and total number of additional form pages shall be entered in
the location provided on each type of form so duplicated. -
When the Bidder proposes using a subcontractor or owner operator/Lessor to construct or install less
than 100 percent of a bid item the Bidder shall attach an explanation sheet to the designation of
. " subcontractor or designation of Owner Operator/Lessor forms as applicable. The explanation sheet
shall be provided by the Contractor to clearly apprise the Agency of the specific facts that show the
1 Bidder proposes to perform no less than fifty percent (50%) of the work with its own forces.
." Determination of the subcontract and Owner OperatodLessor amounts for purposes of award of the
contract shall determined by the City Council in conformance with the provisions of the contract
documents and the Supplemental Provisions. The decision of the City Council shall be final.
a Revised 07/29/02 Contract No. FAC03-05 Page 17 of 80 Pages
NOT APPLICABLE
DESIGNATION OF SUBCONTRACTOR AND
AMOUNT OF SUBCONTRACTOR'S BID ITEMS
Furnish & Install A New Roof at the Carlsbad Senior Center
CONTRACT NO. FAC03-05
The Bidder certifies that it has used the sub-bid of the following listed subcontractor in preparing this bid for the Work and that the listed subcontractor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional subcontractor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the subcontractors listed work will be made except upon the prior approval of the Agency.
Full Company Name of Subcontractor:
Subcontractor's Location of Business
Street Address
c
City State Zip
*Subcontractor's Telephone Number including Area Code: l -
*Subcontractor's California State Contractors License No. and Classification:
-
-
,- . *Subcontractor's Carlsbad Business License No.:
NT T R'S BID ITEMS*
ExRlanation:
Column 1 - Bid Item No. from the bid proposal, pages MA through N/A, inclusive. Column 2 - The dollar amount of the item to be performed by the Subcontractor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profii for work done by both the Contractor's and the Subcontractor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal pages WA through MA, inclusive.
Page of pages of this Subcontractor Designation form
Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk
required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the "Notice
Inviting Bids."
Revised 07/29/02 Contract No. FAC03-05 Page 18 of 80 Pages
NOT APPLICABLE
DESIGNATION OF OWNER OPERATOWLESSOR AND
AMOUNT OF OWNER OPERATOWLESSOR WORK
Furnish & Install A New Roof at the Carlsbad Senior Center
CONTRACT NO. FAC03-05
The Bidder certifies that it has used the sub-bid of the following listed Owner OperatodLessor in preparing this bid for the Work and that the listed Owner Operator/Lessor will be used to perform the portions of the Work as designated in the list in accordance with applicable provisions of the specifications and section 4100 et seq. of the Public Contracts Code "Subletting and Subcontracting Fair Practices Act." The Bidder further certifies that no additional Owner OperatodLessor will be allowed to perform any portion of the Work in excess of than one-half of one percent (0.5%) of the Bidder's total bid or ten thousand dollars ($10,000) whichever is greater and that no changes in the Owner Operator/Lessors listed work will be made except upon the prior approval of the Agency.
Full Owner OperatodLessor Name:
Owner OperatodLessor Location of Business Street Address
City State Zip
*Owner Operator/Lessor Telephone Number including Area Code: I ) -
- *Owner OperatodLessor City of Carlsbad Business License No.:
".
c
OWNER OPERATOWLESSOR WORK ITEMS
EXDlanatiOn: Column 1 - Bid Item No. from the bid proposal, pages N/A through WA, inclusive. Column 2 - The dollar amount of the item to be performed by the Owner Operator/Lessor. Column 3 - The dollar amount of the item to be performed by Contractor's own forces. Column 4 - The dollar amount of the Contractor's overhead and profit for work done by both the Contractor's and the Owner OperatorRessor's forces on the item. Total dollar amount of Columns 2, 3, and 4 must be equal to the dollar amount in the bid price of the item on bid proposal
pages N/A through MA, inclusive.
Page of pages of this Owner OperatodLessor form
* Pursuant to section 4104 (a)(2)(A) California Public Contract Code, receipt of the portions of the information preceded by an asterisk
,required on this document may be submitted by the Bidder up to 24 hours after the deadline for submitting bids contained in the 'Notice
Inviting Bids."
?@ Revised 07/29/02 Contract No. FAC03-Os Page 19 of 80 Pages
.
BIDDER’S STATEMENT OF FINANCIAL RESPONSIBILITY
(To Accompany Proposal)
CONTRACT NO. FAC03-05
Furnish & Install A New Roof at the Carlsbad Senior Center
Copies of the latest Annual Report, audited financial statements or Balance Sheets may be
submitted under separate cover marked CONFIDENTIAL.
ATTACHED
Revised 07/29/02 Contract No. FAC03-05 Page 20 of 80 Pages
HACKER, RAMMELL & ASSOCIATES
3191 Temple Avenue Suite 250 - Pomona, California 91768
“ Phone (909) 444-002 1
ASSOCIATES Fax (909) 444-2153
An Accountancy and Consulting Corporation Certified Public Accountants
.--g ==
SCR Group, Inc.
9623 E. Imperial Highway
Downey, CA 90242
To the Board of Directors:
We have compiled the accompanying balance sheet of SCR Group, Inc. as of August 3 1,2002, and the
related statements of income for the eight months then ended, in accordance with Statements on
Standards for Accounting and Review Services issued by the American Institute of Certified Public - Accountants.
A compilation is limited to presenting in the form of financial statements information that is the
representation of management. We have not audited or reviewed the accompanying financial statements
and, accordingly, do not express an opinion or any other form of assurance on them.
Management has elected to omit substantially all of the disclosures and the statement of cash flows
required by generally accepted accounting principles. If the omitted disclosures and statement of cash
flows were included in the financial statements, they might influence the user’s conclusions about the
Company’s financial position, results of operations, and cash flows. Accordingly, these financial
statements are not designed for those who are not informed about such matters.
Hacker, Rammell & Associates
September 1 1,2002
“Your Success Is Our Success”
SCR Group, Inc.
dba Southern California Roofing Company
Balance Sheet
As of August 31,2002
ASSETS
CURRENT ASSETS
Cash and Cash Equivalents
Accounts Receivable
Employee Advances
Accrued hterest hcome
A/R Other
Inventory
Work in Progress
Total Current Assets
PROPERTY AND EQUIPMENT
Furniture & Fixtures
Office Equipment
Accum. Deprec. - Office Equip
Shop Equipment
Accum Deprec - Shop Equipment
Construction Equipment
Accum. Deprec.- Const Equip
Net Property and Equipment
OTHER ASSETS
Research & Development
Deposits
Total Other Assets
TOTAL ASSETS
$ 42330 1.98
5,820,540.87
116,277.37
2,554.54
75,000.00
315,038.38
882,435.00
7,635,348.14
49,656.59
266,092.19
(23 1,788.53)
32,049.09
(32,049.09)
1,161,001.09
(594.502.0 1)
650,459.33
1,250,768.37
293,266.9 1
1,544,035.28
$ 9,829,842.75
See Accountants' Comilation Report
. .' _.*_
-
SCR Group, Inc.
dba Southern California Roofing Company
CURRENT LIABILITIES
Current Portion
Accounts Payable
Margin Loan
Payroll Taxes Payable
Accured Pension Contributions
Worker's Compensation Payable
Accrued initiation Fees
Accrued Union Benefits
Accrued Interest
State Income Tax Payable
Due to Shareholder
Billings in Excess of Cost
Total Current Liabilities
Balance Sheet
As of August 31,2002
LIABILITIES AND EQUITY
LONG-TERM LIABILITIES
Credit Line
Credit Line Equip - 0005
Credit Line
Note Payable - Union Bank
NU"Citicapital$2,158
NU' Citicaptal$2 1 13
W-Citicapital$308.3
HP-Citicapital
The Edge
Less: Current Portion
Total Long-Term Liabilities
Total Liabilities STOCKHOLDERS' EQUITY
Common Stock
Additional Paid-In Capital
Retained Earnings
Shareholder Distributions
Net Income
Total Stockholders' Equity
TOTAL LIABILITIES AND
STOCKHOLDERS' EQUITY
$ 1,235,783.05
3,644,591.52
65.29
37,968.93
48,O 1 1.60
34,159.53
534.50
108,759.1 1
6,389.39
2,370.00
372,519.01
642,497.00
6,133,648.93
72,98 1.66
113,555.55
1,200,000.00
549,999.9 1
71,491.35
66,723.7 I
9,494.50
18,452.6 I
1,066.48
(1,235,783.05)
867,982.72
7,OO 1,63 1.65
l,100.00
448,022.00
1,567,754.15
(397,732.80)
1.209.067.75
2,828,2 1 I .IO
$ 9,829,842.75
See Accountants' Compilation Report
c
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BIDDER’S STATEMENT OF
TECHNICAL ABILITY AND EXPERIENCE
(To Accompany Proposal)
CONTRACT NO. FAC03-05
Furnish & Install A New Roof at the Carlsbad Senior Center
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 Name and Phone
Contract Name and Address No. of Person Type of
Completed of the Employer to Contract Work
See Attack.ed Tremco References
a Revised 07/29/02 Contract No. FACO3-05 . Page 21 of 80 Pages
- 1
Amount
of
Contract
-
8700 Beverly Blvd
Los Angeles, CA 90048
Contact: Mr. Tom Daily
Numerous Projects
8700 Beverly Blvd
Los Angeles, CA 90048 - (310) 855-3214 Amount Exceeds: $900,000.00
Norris Industries Norris Industries
5215 South Boyle Ave
Los Angeles, CA 90058
Contact: Mr. David Booth
Numerous Projects
5215 South Boyle Ave
Los Angeles, CA 90058 - (323) 588-9233 Amount Exceeds: $750,000.00
Conejo Valley School District Acacia Elementary School, Thousand Oaks
1400 East Janss Rd
Thousand Oaks, CA 91362
Contact: Mr. Steve Maline
(805) 498-1193
Banyan Elementary School, Newbury Park
Maple Elementary School, Newbury Park
Modrona Elementary School, Thousand Oaks
Redwood Intermediate School, Thousand Oaks
Completion Date: 09-01-98
Contract Amount: $605,116.00
Parsons Infrastructure and Technology Parsons Facility - Tower Building
100 West Walnut Street 100 West Walnut Street
Pasadena, CA 91124 Pasadena, CA 91124
Contact: Ms. Kelly McCann-Miller Completion Date: 05-01-98
General Mills Incorporated General Mills - Warehouse and Offices
(626) 440-2514 Contract Amount: $875,928.00
4309 Fruitland Avenue
Los Angeles, CA 90058
Contact: Mr. Fred Steinke
4309 Fruitland Avenue
Los Angeles, CA 90058
Completion Date: 04-30-99
(323) 583-4531 ext. 320 Contract Amount: $490,635.00
Specialty Brands Incorporated Specialty Brands Incorporated
2030 Iowa Avenue
Building ClOO
Contact: John Reed
Numerous Project
3038 Pleasant Drive
Riverside, CA 92507
(909) 774-4000 Amount Exceeds: $296,103.00
Lompoc Unified School District Vandenberg Middle School
1301 North A Street Lompoc High School
Lompoc, CA 93436 Lompoc, CA 93436
Contact: Gordan Johnson Completion Date: 08-26-98
(805) 736-2371 Contract Amount: $308,769.00
BIDDER'S CERTIFICATE OF INSURANCE FOR
GENERAL LIABILITY, EMPLOYERS' LIABILITY, AUTOMOTIVE
LIABILITY AND WORKERS' COMPENSATION
(To Accompany Proposal)
CONTRACT NO. FAC03-05
Furnish & Install A New Roof at the Carlsbad Senior Center
As a required part of the Bidder's proposal the Bidder must attach either of the following to this page.
1) Certificates of insurance showing conformance with the requirements herein for each of:
Comprehensive General Liability
Automobile Liability
Workers Compensation
Employer's Liability
2) Statement with an insurance carrier's notarized signature stating that the carrier can, and upon
payment of fees and/or premiums by the Bidder, will issue to the Bidder Policies of insurance for
Comprehensive General Liability, Automobile Liability, Workers Compensation and Employer's
Liability in conformance with the requirements herein and Certificates of insurance to the Agency
showing conformance with the requirements herein.
All certificates of insurance and statements of willingness to issue insurance for auto policies offered
to meet the specification of this contract must:
1) Meet the conditions stated in The Notice Inviting Bids, the Standard Specifications for Public
Works Construction and the Supplemental Provisions for this project for each insurance
company that the Contractor proposes.
2) Cover anv vehicle used in the performance of the contract, used onsite or offsite, whether owned,
non-owned or hired, and whether scheduled or non-scheduled. The auto insurance certificate
must state the coverage is for "any auto" and cannot be limited in any manner.
Revised 07/29/02 Contract No. FACO3-05 Page 22 of 80 Pages
.-
CERTIFICATE HOLDER COPY
STATE P.O. BOX 420807. SAN FRANCISCO, CA 94142-0807
COMPENSATION
INSURANCE
FUN D CERTIFICATE OF WORKERS’ COMPENSATION INSURANCE
FEBRUARY 6, 2003
CITY OF CARLSBAD CITY COUNSEL 1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92008
GROUP: 000046 POLICY NUMBER: 6225-2003 CERTIFICATE ID: 2105 CERTIFICATE EXPIRES: 01-01-2004 01-01-2003/01-01-2004
CONTRACT\BID #FAC03-05, CARLSBAD
SENIOR CENTER
This is to certify that we have issued a valid Worker’s Compensation insurance policy in a form approved 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 the 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 an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies.
u
AUTHORIZED REPRESENTATIVE PRESIDENT
EMPLOYER‘S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS’ NOTICE EFFECTIVE 01-01-2003 IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
SCR GROUP, INC DBA: SOUTHERN CALIFORNIA ROOFING COMPANY 9623 IMPERIAL HWY DOWNEY CA 90242
SClF 10265 [EPF-UI: BO ]
POLICYHOLDER COPY
STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807
Fu N D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
<- COMPENSATION INSURANCE
NOVEMBER 15, 2002 GROUP: POLICY NUMBER: CERTIFICATE ID:
000046
6225-2002
2029 CERTIFICATE EXPIRES: 01-01-2003
01-01-2002/01-01-2003
CITY OF CARLSBAD
CITY COUNSEL
1200 CARLSBAD VILLAGE DRIVE CARLSBAD CA 92008 CONTRACT\BID #FACO3-05, CARLSBAD SENIOR CENTER
This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved 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 the 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 an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions, of such policies.
AUTHORIZED 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.
/1 EMPLOYER
SCR GROUP, INC DBA: SOUTHERN CALIFORNIA ROOFING COMPANY 9623 IMPERIAL HWY
DOWNEY CA 90242
SClF 10265 [EPF-UI: BO]
CERTIFICATE OF LlAB ILITY INSURANCE I 11/15/2002
DATE (MMIDDIYY) I ACORD,
~~
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
I ". ~---
PRODUCER (818)898-1043 FAX (818)898-1643
Chesapeake Insurance Services
15501 San Fernando Mission Bl I-/ - ' 300 I "-
,. jsion Hills, CA 91345-1359 INSURERS AFFORDING COVERAGE
INSURED SCR Croup InC. INSURER A: Admi ral Insurance Company
DBA: So. California Roofing
INSURERD: Transportation Downey, CA 90242
INSURER c: Scottsdal e Ins. Co. 9623 Imperial Highway
INSURER B: Amercan Casual ty Co.
I INSURER E:
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 IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
lNSR LTR -
A
TYPE OF INSURANCE I POLICY NUMBER
)ZAG14027
LIMITS
FIRE DAMAGE (Any one fire) 50,OO
MED EXP (Any one person) Excl ude
PERSONAL 8 ADV INJURY
GENERAL LIABILITY
CLAIMS MADE OCCUR
GENERAL AGGREGATE
PRODUCTS - COMPIOP AGG
$ 2,000,000
$ 2,000,000 C"l I GENL AGGREGATE LIMIT APPLIES PER
LOC MOBILE LIABILITY Bl 07/01/2002 07/01/2003 $ COMBINED SINGLE LIMIT (Ea accident) 1,000,000
JA 1044923909 I
ALL OWNED AUTOS
SCHEDULEDAUTOS
BODILY INJURY (Per person) B
fl
BODILY INJURY (Per accident)
PROPERTY DAMAGE (Per accident) 1 I
AUTO ONLY - EA ACCIDENT $ I GARAGE LIABILITY
ANY AUTO OTHER THAN AUTO ONLY:
EAACC $
AGG $
07/01/2003 EACH OCCURRENCE $ 4,000,000 EXCESS LIABILITY 07/01/2002 1S0011574
AGGREGATE I $ 4,000,000(
DEDUCTIBLE
RETENTION $ 10~00
WORKERS COMPENSATION AND EMPLOYERS LIABILITY E.L. EACH ACCIDENT
E.L. DISEASE - POLICY LIMIT I $
07/01/2003 $100,000.Limit
4s rbad, Ca.
07/01/2002
P DESCRIPTION OF OPERATIONWLOCATIONSNEHI~ Contractor/Bid -FACO3- CLEWEXCLUSIONS ADDED BY ENDORSEM .OS, Carlsbad Scenery C ITlSPEClAL PROWS1 nter. Car
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER
I "
City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
CHESAPEAKE
Record for Contractor, I have‘ contacted the insurance companies listed below. all O! &horn
meet the City’s requirements and all of whom have refused to wrile the required policy due to
the type of risk involved. .I
&st‘s Rating r9“X 1/ Listed by State lnaurance Commissioner ys
YesMo
Page 1 012
CHESGPEAKE 8188981643 02/13/03 03:36pm P. 0E33 . .". VI .
Best's Rating 4-. PI/ -, ~lsted by State Insurance Commlss,oner Ys
YeslNo
Contractor is requesting that Ute City accept %!rnrn& rdsk/7fl-w- campany
who is a surptus tine carrier havlng an A-:V or better ratlng In the most recent issue of Best's
Rating Guide and who hss-an.office within the.State of Catibrnta at the folkwlng addisss in
order to effect service ol process.
Address:
czly/state/zip:
Address to elfect Servtce of Process within the State of California.
I
”
BIDDER’S STATEMENT RE DEBARMENT
(To Accompany Proposal)
CONTRACT NO. FACO3-05
Furnish & Install A New Roof at the Carlsbad Senior Center
1 ) Have you or any of your subcontractors ever been debarred as an irresponsible bidder by
another jurisdiction in the State of California?
X
no
2) If yes, what wadwere the name@) of the agency(ies) and what wadwere the period@) of
debarment@)? Attach additional copies of this page to accommodate more than two debar-
ments.
-
party debarred party debarred
- agency agency
-r^ __ period of debarment period of debarment
BY CONTRACTOR:
J&n here)
Bruce Khouri, President
(print namehitle)
Page of - 1 1 pages of this Re Debarment form
Revised 07/29/02 Contract No. FAC03-05 Page 23 of 80 Pages
,I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of LOS ANGELES
On November 25,2002 before me, Pamela Jo Gill, NOTARY PUBLIC
personally appeared BRUCE KHOURI
DATE NAME. TITLE OF OFFICER - E G , "JANE DOE, NOTARY PUBLIC'
NAME(S) OF SIGNER(S)
mpersonally known to me - OR - uproved to me on the basis of satisfactory evidence
to be the person(s) whose name@) islare
subscribed to the within instrument and ac-
knowledged to me that he/sbe#tey executed
the same in his/- authorized
capacity(&), and that by his/Iw%eif
signature(s) on the instrument the person@)
or the entity upon behalf of which the
person@) acted, executed the instrument. PAMELA JO GILL
Commission# 1316134 1 Notary Public - California 2
WITNESS my hand and official seal.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
PRESIDENT TITLE(S)
[7 PARTNER(S) [7 LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SCR Group, Inc. dba NONE
Southern California Rooftng Company SIGNER(S)MtU AtlUVt
I
r-
“
7
F-
i
c
r‘
I
,-
I
P
#...-
I
BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(To Accompany Proposal)
CONTRACT NO. FAC03-05
Furnish & Install A New Roof at the Carlsbad Senior Center
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.
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
Has the suspension or revocation of your contractors license ever been stayed?
N/A
Yes no
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?
N/A
Yes no
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?
N/A
Yes no
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.
N/A
(If needed attach additional sheets to provide full disclosure.)
Page - 1 of 2 pages of this Disclosure of Discipline form
e Revised 07/29/02 Contract No. FAC03-05 Page 24 of 80 Pages
” BIDDER’S DISCLOSURE OF DISCIPLINE RECORD
(CONTINUED)
(To Accompany Proposal)
CONTRACT NO. FACO3-05
Furnish & Install A New Roof at the Carlsbad Senior Center
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:
Bruce Khouri, President
(print namehitle)
Page 2 of 2 pages of this Disclosure of Discipline form
a Revised 07/29/02 Contract No. FAC03-05 Page 25 of 80 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of LOS ANGELES
On November 25,2002 before me, Pamela Jo Gill, NOTARY PUBLIC
personally appeared BRUCE KhOURI
DATE NAME, TITLE OF OFFICER - E G , "JANE DOE. NOTARY PUBLIC'
NAME(S) OF SIGNER(S)
personally known to me - OR - uproved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/-
subscribed to the within instrument and ac-
knowledged to me that he/fke/lkey executed
the same in his/- authorized
capacity(&), and that by his/-
signature(s) on the instrument the person(s)
or the entity upon behalf of which the
person(s) acted, executed the instrument.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
PRESIDENT
TITLE(S) TlTLt 0- (.IF WCUMtN I
PARTNER(S) 0 LIMITED
GENERAL
AnORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
~~~~~
SIGNER IS REPRESENTING:
SCR Group, Inc. dba
Southern California Roofing Company
NAME OF PERSON(S)OR ENTITY(IES)
NONE
SIGN- AWVt
. ."
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMllTED WITH BID
PUBLIC CONTRACT CODE SECTION 7106
CONTRACT NO. FAC03-05
Furnish & Install A New Roof at the Carlsbad Senior Center
State of California )
Countyof LOS Angeles ) ) ss.
Bruce Khouri , being first duly sworn, deposes
(Name of Bidder)
and says that he or she is President
(Title)
of SCR Group, Inc. dba Southern California Roofing Company
(Name of Firm)
7
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P
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,
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.
- connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain
I declare under penalty of perjury that the foregoing is true and correct and that this affidavit was
executed on the xth day of November ,2002 .
P (Bruce Khouri, President)
r_
Subscribed and sworn to before me on the 25th day of November 120 02 .
7
(NOTARY SEAL)
Signature of Notary I
I a Revised 07/29/02 Contract No. FAC03-05 Page 26 of 80 Pages
+
" City of Carlsbad
November 4,2002
ADDENDUM NO. 1
RE: FURNISHING AND INSTALLING A NEW ROOF AT THE CARLSBAD SENIOR
CENTER, Contract No. FACO3-05
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.
W~SA H~LDABRAND
Purchasing Officer'
LH:jlk
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 1
e&. der's Si n
1635' Faraday Avenue Carlsbad, CA 92008-731 4 (761 ) 602-2460 FAX (760) 602-8556 @
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of LOS ANGELES
On November 25,2002 before me, Pamela Jo Gill, NOTARY PUBLIC
personally appeared BRUCE KHOURI
DATE NAME, TITLE OF OFFICER - E G , "JANE DOE. NOTARY PUBLIC'
NAME(S) OF SIGNER(S)
personally known to me - OR - proved to me on the basis of satisfactory evidence
to be the person(s) whose name@) is/-
subscribed to the within instrument and ac-
knowledged to me that he/- executed
the same in his/- authorized
capacity(%), and that by his/-
signature(s) on the instrument the person@)
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and ofticial seal.
I
1 SIGNATUREOF NOTARY [
I I rlougn 111e va~a V~IVW IS 1101 requorev oy law. II may prove valuavle IO persuns retyrng on me oocurnem ana CVUIV prevenl Imuvulelu realacrlrrlenl or uus wrm.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
PRESIDENT
TITLE(S) TlTLt OR mMkNT
0 PARTNER(S) [7 LIMITED
[7 GENERAL NUMBtH Ul- PAtitS
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
DATE
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SCR Group, Inc. dba NONE
Southern California Roofing Company SlGPVE
-1
1
I -. City of Carlsbad
-
November 6,2002
ADDENDUM NO. 2
RE: FURNISHING AND INSTALLING A NEW ROOF AT THE CARLSBAD SENIOR
CENTER, Contract No. FACO3-05
Please include the attached addendum in the Notice to BidderIRequest 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.
(.-/ L~A WLDABRAND
Purchasing Officer
LH:jlk
Attachment
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 2
1635' Faraday Avenue Carlsbad, CA 92008-7314 (760) 602-2460 FAX (760) 602-8556 @
P CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of LOS ANGELES
On November 25,2002 before me, Pamela Jo Gill, NOTARY PUBLIC
DATE NAME, TITLE OF OFFICER - E G, "JANE DOE, NOTARY PUBLIC'
personally appeared BRUCE KHOURI
NAME(S)OF SIGNER@)
mpersonalty known to me - OR - uproved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/%
subscribed to the within instrument and ac-
knowledged to me that he/- executed
the same in his/- authorized
capacity(ies), and that by hislw
signature(s) on the instrument the person(s)
or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal.
n
SIGNATURE OF NOTARY
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER
PRESIDENT
TITLE(S)
PARTNER(S) LIMITED
GENERAL
(7 ATTORNEY-IN-FACT
[7 TRUSTEE(S) 0 GUARDIANICONSERVATOR
OTHER:
DESCRIPTION OF ATTACHED DOCUMENT
TITLE
NUMBERUFPAGES
SIGNER IS REPRESENTING:
SCR Group, lnc. dba NONE
Southern California Roofing Company
NAME OF PERSON(S) OR ENTITY(1ES)
ABOVt
- City of Carlsbad
November 14.2002
ADDENDUM NO. 3
RE: FURNISHING AND INSTALLING A NEW ROOF AT THE CARLSBAD SENIOR
CENTER, PROJECT NO.: FAC03-05
Please include the attached addendum in the Notice to BiddedRequest for Bids you
have for the above project.
Please note change in due date for the above-mentioned bid.
New date for bid openinq is:
November 25,2002
Time remains the same: 4:OO p.m.
This addendum--receipt acknowledged--must be included to your bid when your bid is
submitted.
I Purchasing Officer
LH:jlk
I ACKNOWLEDGE RECEIPT OF ADDENDUM NO. 3
1635' Faraday Avenue Carlsbad, CA 92008-7314 - (760) 602-2460 FAX (760) 602-8556 @
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of LOS ANGELES
On November 25,2002 before me, Pamela Jo Gill, NOTARY PUBLIC
personally appeared BRUCE KHOURI
DATE NAME, TITLE OF OFFICER - E G 'JANE DOE NOTARY PUBLIC
NAME(S) OF SIGNER(S)
personally known to me - OR - uproved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/-
subscribed to the within instrument and ac-
knowledged to me that helsldthey executed
the same in his/- authorized
capacity(&), and that by his/l+&b&
signature(s) on the instrument the person@)
or the entity upon behalf of which the
person(s) acted, executed the instrument. PAMZCA JO GILL
Commission# 1316934 Notary Public - California
LO$ Aflgeles County WITNESS my hand and official seal.
A
SIGNATURE OF NOTARY 6
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL
CORPORATE OFFICER
PRESIDENT
TITLE(S) lllLE~lY!+U~D~I
0 PARTNER(S) LIMITED
GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR [7 OTHER:
SIGNER IS REPRESENTING:
SCR Group, Inc. dba NONE
Southern California Roofing Company
NAME OF PERSON(S)OR ENTITY(IES)
SIP ABOVt
CONTRACT
PUBLIC WORKS
and SOUTHERN CALIFORNIA ROOFING whose principal place of business is
9623 EAST IMPERIAL HIGHWAY, DOWNEY, CA 90242 (hereinafter
called "Contractor").
City and Contractor agree as follows:
1. Description of Work. Contractor shall perform all work specified in the Contract documents
for:
FACO3-05 - Furnish & Install A New Roof at the Carlsbad Senior Center (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
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 a Revised 07/29/02 Contract No. FACO3-05 Page 27 of 80 Pages
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 251 17 of the Health and Safety Code, .that is required to be removed to a Class
I, Class II, or Class Ill disposal site in accordance with provisions of existing law.
B. Differing Conditions. Subsurface or latent physical conditions at the site differing from those
indicated.
C. Unknown Physical Conditions. Unknown physical conditions at the site of any unusual
nature, different materially from those ordinarily encountered and generally recognized as inherent in
work of the character provided for in the contract.
City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ,
or do involve hazardous waste, and cause a decrease or increase in contractor's costs of, or the time
required for, performance of any part of the work shall issue a change order under the procedures
described in this contract.
In the event that a dispute arises between City and Contractor whether the conditions materially
differ, or involve hazardous waste, or cause a decrease or increase in the contractor's cost of, or time
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.
.- required for, performance of any part of the work, contractor shall not be excused from any
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 11 01 -1 525) and has complied
and will comply with these requirements, including, but not limited to, verifymg 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
for loss or damage caused by the sole or active negligence or willful misconduct of the City. The
expenses of defense include all .costs and expenses including attorneys' fees for litigation,
arbitration, or other dispute resolution method.
.- be caused, resulting directly or indirectly from the nature of the work covered by the Contract, except
Revised 07/29/02 Contract No. FAC03-05 Page 28 of 80 Pages
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.
c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided
to the City, its officials, employees or volunteers.
,c
a Revised 07/29/02 Contract No. FACO3-05 Page 29 of 80 Pages
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.
I
(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 shag 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
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.
_- insurance by the State of California Insurance Commissioner as admitted carriers as evidenced by a
(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.
(A) Assertion of Claims. Contractor hereby agrees that any contract claim submitted to the City must be asserted as part of the contract process as set forth in this agreement and not in anticipation
of litigation or in conjunction with litigation.
Revised 07/29/02 Contract No. FACO3-05 Page 30 of 80 Pages
(B) False Claims. Contractor acknowledges that if a false claim is submitted to the City, it may be
considered fraud and the Contractor may be subject to criminal prosecution.
(C) Government Code. Contractor acknowledges that California Government Code sections
12650 et seq., the False Claims Act, provides for civil penalties where a person knowingly submits a
false claim to a public entity. These provisions include false claims made with deliberate ignorance of
the false information or in reckless disregard of the truth or falsity of the information.
I
(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
"General Provisions" or "Supplemental Provisions" attached hereto and made a part hereof.
Revised 07/29/02 Contract No. FACO3-05 Page 31 of 80 Pages
NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ALL SIGNATORIES MUST BE
AlTACHED -
(CORPORATE SEAL)
CONTRACTOR:
SCR Group, Inc. dba Southern
California Roofing Company e of Contractor)
L\ au \
*s&n here)
Bruce Khouri. President
Bruce Khouri, Secretary
merporation of
c
ATTEST:
(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
De8 City Attorney
"
Revised 07/29/02 Contract No. FACO3-05 Page 32 of 80 Pages
_-
Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days’ written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less
escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow
Agent harmless from Escrow Agent’s release, conversion and disbursement of the securities and interest as set forth above.
10. The names of the persons who are authorized to give written notices or to receive written notice
on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
For City: Title FINANCE DIRECTOR
For Contractor:
For Escrow Agent:
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent
a fully executed counterpart of this Agreement.
e Revised 07/29/02 Contract No. FAC03-05 Page 38 of 80 Pages
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City:
For Contractor:
For Escrow Agent:
_-
Title MAYOR
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
Revised 07/29/02 Contract No. FACO3-05 Page 39 of 80 Pages
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A
State of CALIFORNIA
County of LOS ANGELES
On February 10,2003 before me,
personally appeared BRUCE KHOURI
LaflecheBourgeault, NOTARY PUBLIC
DAl t NAME, TI . ., LIC”
N-tR(S)
Ix] personally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(@ whose name@) islaw
subscribed to the within instrument and ac-
knowledged to me that hel&eAbey executed
the same in his- authorized
capacity(ies), and that by his-
signature(@ on the instrument the person(6)
or the entity upon behalf of which the
person@) acted, executed the instrument.
n WITNESS my hand and official seal.
If Though the data below is not required by law, it may prove valuable lo persons relying on the document and could prevent raudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
PRESIDENT
TITLt(S)
0 PARTNER(S) LIMITED 0 GENERAL
IIILt-tNI
NUMmtS
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDlANlCONSERVATOR [7 OTHER: UAI t mtN I
SIGNER IS REPRESENTING:
SCR Group, Inc. dba NONE
Southern California Roofing Company
NAME OF PERSON(S) OR ENTITY(IES)
SIGN-Vt
02/06/2003 13: 40 562-603-3934 ~n S C R - SALES PAGE 11
"
BOND NO.: 103918218
LABOR FPD MATERIALS BOND
incorporated herein by this referen&.
OUP, INC. DBA
NOW, THEREFORE, Principal, (hereinafter de
firmly by these presents.
fail to pay for any material
This bond shall inure to the benefit of the persons named in California Civil Code section
3181, so as to give a right of action e persons or their assigns in any suit brought upon the
bond.
rmed thereunder or the specifications accompanying the
In the event that Contractor is an indi , it is agreed that the d,eath of any such Contractor shall
not exonerate the Surety from its oblig under this bond.
** Travelers Casualty and Su Company of America
",
PAGE 12
- Executed by CONTRACTOR thb
day of February 1 201
CONTRACTOR: SCR GROUP, INC. DBA SOUTHERN
(slgn here)
Bruce Khouri
Bruce Khouri ,
(print name here)
Secretarv ,
(title and organization of signator]
(Propix notarlat acknowledgment of exkt
(President or vice-president and secreta? signs, the corporation must attach 8 resol
seal empowering that officer to bind the o
-
APPROVED AS TO FORM:
RONALD R. BALL
S C R - SALES
of February ,202.
SURETY;
Travelers Casualty and Surety Company of America (name of Surety)
700 N. Central Avenue, Suite 800 GlendaledA 91203
ddress of Surety)
818-$09-4000
(attach corporate resolution showing current power
of attorney)
2y CONTRACTOR and SURETY must be attached.)
ssistant secretary must slgn for corporations. If only one officer
certified by the skretary or assistant secretary under corporate
ation.)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of LOS ANGELES
On February 10,2003 before me,
personally appeared BRUCE KHOURI
mpersonally known to me - OR - uproved to me on the basis of satisfactory evidence
to be the person@) whose name@) islaw
subscribed to the within instrument and ac-
knowledged to me that he/- executed
the same in his/- authorized
capacity(ies), and that by his/bd#eif
signature@) on the instrument the person@)
or the entity upon behalf of which the
person@) acted, executed the instrument.
Laflechmult, NOTARY PUBLIC DATE NAME, . ., LIC"
NAME(S) OF mNtR(S)
WANNESS my hand and official seal.
I Though the data below is not required by law, it may prove valuable lo persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT - INDIVIDUAL
CORPORATE OFFICER
PRESIDENT
TITLE@)
0 PARTNER(S) [7 LIMITED [7 GENERAL
ATTORNEY-IN-FACT
TRUSTEE@) [7 GUARDIAN/CONSERVATOR 0 OTHER:
UAI L CJk DmMtN I
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
SCR Group, Inc. dba NONE
Southern California Roofing Company SIGN-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT -
State of California
County of Los Angeles
On February 6,2003 before me, Donna M. Green, Notary Public,
personally appeared JOHN D. HUNSINGER,
personally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person
whose name idare subscribed to the within instrument and
. acknowledg to me that helskgClkejr executed the same in hislheFkkeir
authorized capacity(k), and that by his/he&Mr signatureMon the
instrument the person(Qtl, or the entity upon behalf of which the person
acted, executed the instrument.
d P
%
I WITNESS my hand and official seal.
h.L Signature of No@
Though the data below is not required by law, it may prove valuable to persons
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER OCUMENT
0 INDIVIDUAL 0 CORPORATE OFFICER
0 PARTNER(S) 0 ATTORNEY-"FACT
OTHER:
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
Hartford, Connecticut 06183-9062
Naperville, Illinois 60563-8458
c POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLLNOIS, a
corporation duly organized under the laws of the State of Illinois, and having its principal office in the City of Naperville, County of
DuPage, State of Illinois, (hereinafter the “Companies”) hath made, constituted and appointed, and do by these presents make,
constitute and appoint: William C. Van Rooy, John D. Hunsinger or Mary Smith * *
of South Pasadena, CA their true and lawfil Attorney(s)-&Fact, with full power and authority hereby conferred to sign, execute
and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated
by hidher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the
nature of a bond, recognizance, or conditional undertalung and any and all consents incident thereto
the following instrument(s):
and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers
of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in fill force and effect:
VOTED. That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
sign with the Company’s name and seal with the Company’s seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertakmg shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company’s seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now io full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretanes or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearmg such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
. (8-97)
IN WITNESS WHEREOF, TR4VELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY, FARMINGTON CASUALI'Y COMPANY and TRAVELERS CASUALTY AND
SURETY COMPANY OF ILLINOIS have caused this instrument to be signed by their Senior Vice President, and their corporate
seals to be hereto affixed this 18th day of December, 1999.
STATE OF CONNECTICUT
)SS Hartford
COUNTY OF HARTFORD
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMWGTON CASUALTY COMPANY
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
On this 18th day of December, 1999 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, the corporations described in and which executed the
above instrument; that he/she knobvs the seals of said corporations; that the seals affixed to the said instrument are such corporate
seals; and that heishe executed the said instrument on behalf of the corporations by authority of hidher office under the Standing
Resolutions thereof.
CERTIFICATE
I, the undersigned? Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of the
State of Illinois, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in
full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the
Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 6th day of
February , 2003.
" FAITHFUL 'PER
WHEREAS, the City Council
No. 2003-002 , adopted
SCR GROUP, INC. DBA SOUTHERN CALIFORNIA ROO-
% designated as the 'Principal'), a Coni
Carlsbad Senior Center
' in Zhe City of ,Carfsbad, in strict
other Contract Documents now on fil
which are incorporated herein by this
WHEREAS, Principal has executed o
require the furnishing of a bond for the f
NOW, THEREFORE, WE, SOUTHiF
(hereinafter designated as the "Contmc
SCR GRO I
of America,
I
- : ONE HUNDRED SIXTY EIGHT 1 """"-""""""""""I-
one hundred percent (1 00%) of the e attorney, its successors and a
ourselves, our heirs, executors an
by these presents.
THE CONDITION OF THIS 06Ll
executors, administrators, succe and truly keep and perform the c
alteration'thereof made as therein
the manner therein specified, and in a I
indemnify and save harmless the City
stipulated, then this obligation shall bx
effect.
As a part of the obligation secured he 'e
shall be included costs and reasonabl
incurred by the City in successfully en'a
any judgment rendered.
Surety stipulates and agrees that no ch
the Contract, or to the work to be pe
same shall affect its obligations on tt extension of time, alterations or adtlii - specifications.
I
S C R - SALES PAGE 13 ..
Bond No.: 103918218
Premium: $2,016.00
IRMANCWARRANTY BOND
City of Carlsbad,. State of California, by Resolution
JANUARY 14,. 2003 , has' awarded to
G COMPANY, INC. , (hereinafter
for: FACO3-05 Furnish & Install A New Roof at the
iky with the contract, the drawings and specificatians, and
the Office of the City Clerk of the City of,Carlsbad, all of
'ence.
s about to execute said Contract and the terms thereof Mu1 performance and warranv of said Contract;
INC. DBA
1 CALIFORNIA ROOFING COMPANY, INTas Principal,
f),and Travelers Casualty and Surety Company
iurety, are held and firmly bound unto the City of Carlsbad,
IOUSAND DOLLARS AND N0/00---------------~-
--Dollars - ($ '1 68,000 00 ), said sum being equal to
ded amount of the Contract, to be paid to City or -its certain
3r which payment, well and truly to be made, we bind ~
istrators, successors or assigns, jointly and severally, fmly
IS SUCH that if the above bounden Contractor, their heirs,
assigns, shall in all things stand to and abide by, and well
its, conditions, and agreements in the Contract and any
d on their part, to be kept and performed at the time and in
spects according io their true intent and meaning, and shall
Carlsbad, its offlcers, employees and agents, as therein
ne null and void; othewise it shall remain in full force and
and in addition to the face ,amount specified therefor, there
expenses and fees, including reasonable attorney's fees,
ing such obligation, all to be taxed as costs and included in
lge, extension of'time, alteration or addition to the terms of
med thereunder 'or the specifications accompanying the
bond, and it does hereby waive notice of any change. n to the terms of the contract or to the work or to the
02/06/2003 13: 40 562-$03-3934
- In the event that Contractor is an indj
not exonerate the Surety from its obiig
Executed by CONTRACTOR this 2
CONTRACTOR:
SCR GROUP, INC. DBA SOUTHERN
CALIFORNIA ROOFING COMPANY, INC
Arne pf Contractor)
Bruce Khouri
(print name here) ~.
President
(Title and Organization of Signatoq
nl -
,-
L-/ (sign here)
Bruce Khouri
(print name here)
Secretary
(Tiie and Organization of signatory
(Proper notarial acknowledgment of ex
(President or vice-president and secn
one officer signs, the cotporation rnl
secretary under corporate seal empow
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
/ By:
Clty Attorney
-
"-
S C R - SALES PAGE 14
is agreed that the death of any such Contractor shall
Executed by SURE3Y this 6th day of
February 03 P 20-.
SURETY:
Travelers Casualty and Surety Company of America
(name of Surety}
700 N. Central Avenue, Suite 800
Glendale, CA 91203
(address .of Surety)
818-409-400J+ /
BY
JOHN D. HUNSINGER
(printed name of Attorney-in-Fact)
(Attach corporate resolution showing current
power of attorney.)
1- by CONTRACTOR and SURETY must be attached.)
assistant secretary must sign for corporations. If only
a resolution certified by the secretary or assistant
officer to bind the corporation.)
II
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of CALIFORNIA
County of LOS ANGELES
On February 10,2003 before me, Laflechmault, NOTARY PUBLIC
DATE NAME, . ., LIC"
personally appeared BRUCE KHOURI
NAhnt(S) OmkK(S]
mpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person@) whose name(@ islafe
subscribed to the within instrument and ac-
knowledged to me that he/&&#ey executed
the same in hislkeFCtkeiF authorized
capacity(&), and that by hisltw4bek
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.
P!
by law, it may prove valuable to persons relying on the document and could prevent
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER
PRESIDENT
DESCRIPTION OF ATTACHED DOCUMENT
PARTNER(S) c] LIMITED c] GENERAL
0 AlTORNEY-IN-FACT 0 TRUSTEE@)
GUARDIANCONSERVATOR u OTHER: VAI t mtN I
SIGNER IS REPRESENTING:
SCR Group, Inc. dba NONE
Southern California Roofing Company
NAME OF PERSON@) OR ENTITY(IES)
SlP
.I
- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
,.-
State of California
2ounty of Los Angeles
3n February 6,2003 before me, Donna M. Green, Notary Public,
)ersonally appeared JOHN D. HUNSINGER,
personally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the personM
COMM. #1345158 f
-whose namep is/= subscribed to the-within instrument and I8
acknowledged to me that he/she&b+executed the same in his-
authorized capacity(ies), and that by his/hedth& signatureO(0n the
instrument the person@, or the entity upon behalf of which the personp
acted, executed the instrument.
WITNESS my hand and official seal.
h.L
Signature of Not&
~ ~~ ~
fiough the data below is not required by law, it may prove valuable to persons relying on
iaudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF
1 INDIVIDUAL 7 CORPORATE OFFICER
7 PARTNER(S) 7 ATTORNEY-IN-FACT lXUSTEE(S)
OTHER:
/
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
FARMINGTON CASUALTY COMPANY
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
I I TRAVELERS CASUALTY AND SURETY COMPANY
Hartford, Connecticut 06183-9062
Naperville, Illinois 60563-8458 -
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY@)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal ofices in the City of Hartford,
County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a
corporation duly organized under the laws of the State of Illinois, and having its principal ofice in the City of Napewille, County of
DuPage, State of Illinois, (hereinafter the “Companies”) hath made, constituted and appointed, and do by these presents make,
constitute and appoint: William C. Van Rooy, John D. Hunsinger or Mary Smith * *
of South Pasadena, CA their true and lam1 Attorney(s)-in-Fact, with fdl power and authority hereby conferred to sign, execute
and acknowledge, at any place withm the United States, or, if the following line be filled in, within the area there designated
by hdher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the
nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
the following instrument(s):
and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers
of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
-And Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
sign with the Company’s name and seal with the Company’s seal bonds, recognizances, contracts of indemnity, and other writings obligatory in
the nature of a bond, recognizance, or conditlonal undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate secretary or any
Assistant Secretary and duly attested and sealed with the Company’s seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in hls or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and bindmg upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(8-97)
IIv WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND
SURETY COMPANY OF ILLINOIS have caused this Instrument to be signed by their Senior Vice President, and their corporate
seals to be hereto affixed this 18th day of December, 1999.
STATE OF CONNECTICUT
} SS. Hartford
COUNTY OF HARTFORD
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
On this 18th day of December, 1999 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, the corporations described in and which executed the
above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate
seals; and that he/she executed the said instrument on behalf of the corporations by authority of hidher office under the Standing
Resolutions thereof.
My commission expires June 30, 2001 Notary Public
Marie C. Tetreault
CERTIFICATE
I, the undersigned, A4ssistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of the
State of Illinois, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in
full force and has not been revoked; and furthermore. that the Standing Resolutions of the Boards of Directors, as set forth in the
Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the CiQ of Hartford, State of Connecticut. Dated this 6th day of
February , 2003.
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 for FACO3-05 Furnish & Install A New Roof at the
Carlsbad Senior Center in the amount of dated
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.
(hereinafter referred to as the "Contract"). Alternatively, on written request of the
2. The City shall make progress payments to the Contractor for such funds which othetwise 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 ttie Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow
@ Revised 07/29/02 Contract No. FAC03-Oh Page 37 of 80 Pages
I Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days’ written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.
8. Upon receipt of written notification from the City certifying that the Contract is final and complete and that the Contractor has complied with all requirements and procedures applicable to the Contract, the Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. The Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to sections (1) to (8), inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release, conversion and disbursement of the securities and interest as set forth above.
10. The names of the persons who are authorized to give written notices or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
For City: Title FINANCE DIRECTOR
Name
Signature
For Contractor:
For Escrow Agent:
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent
a fully executed counterpart of this Agreement.
@ Revised 07/29/02 Contract No. FACO3-05 Page 38 of 80 Pages
I
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
For City:
For Contractor:
For Escrow Agent:
Title MAYOR
Name
Signature
Address
Title
Name
Signature
Address
Title
Name
Signature
Address
Revised 07/29/02 Contract No. FACO3-05 Page 39 of 80 Pages
SUPPLEMENTAL PROVISIONS
FOR
Furnish & Install A New Roof at the Carlsbad Senior Center
CONTRACT NO. FACO3-05
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.
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.
@ Revised 07/29/02 Contract No. FAC03-02 Page 40 of 80 Pages
r^ City Manager - the City Manager of the City of Carlsbad or hidher 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 hidher 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 OperatorLessor - 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.
F
Principal Inspector - The Senior Inspector’s immediate supervisor and second level of appeal for
informal dispute resolution.
Project Inspector - the Engineer’s designated representative for inspection, contract administration
and first level for informal dispute resolution.
Project Manager - the Public Works Manager/General Services of the City of Carlsbad or hisher
approved representative
Senior Inspector - the Project Inspector’s immediate supervisor and first 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
Comm .................................... Commercial
DR .......................................... Dimension Ratio
E ............................................ Electric
G ............................................ Gas
gal .......................................... Gallon and Gallons
Gar ......................................... Garage and Garages
Revised 07/29/02 Contract No. FACO3-05 Page 41 of 80 Pages
GNV ....................................... Ground Not Visible
gpm ........................................ gallons per minute
IE ........................................... Invert Elevation
LCWD .................................... Leucadia County Water District
MSL ....................................... Mean Sea Level (see Regional Standard Drawing "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
WD ...................................... 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).
2) Fifty percent (50%) of the total amount payable by the terms of the contract when the total
amount payable is not less than five million dollars ($5,000,000) and does not exceed ten million
dollars ($1 0,000,000).
3) Twenty-five percent (25%) of the total amount payable by the terms of the contract if the contract
exceeds ten million dollars ($1 0,000,000).
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
Revised 07/29/02 Contract No. FAC03-05 Page 42 of 80 Pages
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
2) A certified copy of the certificate of authority of the insurer issued by the insurance commissioner.
instrument entitling or authorizing the person who executed the bond to do so.
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.
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.
a Revised 07/29/02 Contract No. FACO3-05 Page 43 of 80 Pages
2) Number of complete sets.
3) Contractor’s certification statement.
4) Specification section number@) pertaining to material submitted for review.
5) Submittal number (Submittal numbers shall be consecutive including subsequent submittals for
6) Description of the contents of the submittal.
7) Identification of deviations from the contract documents.
the same materials.)
When submitted for the Engineer‘s review, Shop Drawings shall bear the Contractor‘s certification
that the Contractor has reviewed, checked, and approved the Shop Drawings and that they are in
conformance with the requirements of the Contract Documents. The Contractor shall subscribe to
and shall place the following certification on all submittals:
“I hereby certify that the (equipment, material) shown and marked in this submittal is that proposed to
be incorporated into this Project, is in compliance with the Contract Documents, can be installed in
the allocated spaces, and is submitted for approval.”
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 subcontractars to this contract shall maintain such data and records for as long as
may be required by applicable laws and regulations.
Revised 07/29/02 Contract No. FACO3-05 Page 44 of 80 Pages
SECTION 3 -- CHANGES IN WORK
3-2 CHANGES INITIATED BY THE AGENCY.
/-
3-2.2.1 Contract Unit prices, add the following: In the case of an increase or decrease in
quantity of a minor bid item in excess of 25 percent of the original quantity bid the adjustment of
contract unit price for such items will be limited to that portion of the change in excess of 25 percent
of the original quantity listed in the Contractor’s bid proposal for this contract. Adjustments in excess
of 25 percent may, at the option of the 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 discovery and before
Revised 07/29/02 Contract No. FAC03-05 Page 45 of 80 Pages
they are disturbed shall constitute a waiver of all claims in connection therewith.
The Contractor shall provide the City with a written document containing a description of the
particular circumstances giving rise to the potential claim, the reasons for which the Contractor
believes additional compensation may be due and nature of any and all costs involved within 20
working days of the date of service of the written notice of potential claim for changed conditions.
Verbal notifications are disallowed.
@ Revised 07/29/02 Contract No. FAC03-05 Page 46 of 80 Pages
c
The potential claim shall include the following certification relative to the California False Claims Act,
Government Code Sections 12650-1 2655.
“The undersigned certifies that the above statements are made in full cognizance of the California
False Claims Act, Government Code sections 12650-12655. The undersigned further understands
and agrees that this potential claim, unless resolved, must be restated as a claim in response to the
City‘s proposed final estimate in order for it to be further considered.”
By: Title:
Date:
Company Name:
The Contractor’s estimate of costs may be updated when actual costs are known. The Contractor
shall submit substantiation of its actual costs to the 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.
Delete second sentence of paragraph one and add the following: Prior to proceeding with dispute
resolution pursuant to Public Contract Code provisions specified hereinafter, the contractor shall
attempt to resolve all disputes informally through the following dispute resolution chain of command:
1. Project Inspector
2. Senior Inspector I
3. Principal Inspector
4. Public Works Director
5. City Manager
The Contractor shall submit a complete report within 20 working days after completion of the
disputed work stating its position on the claim, the contractual basis for the claim, along with all
documentation supporting the costs and all other evidentiary materials. At each level of claim or
appeal of claim the City will, within 10 working days of receipt of said claim or appeal of claim, review I
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.
@ Revised 07/29/02 Contract No. FAC03-05 Page 47 of 80 Pages
All claims by the contractor for $375,000 or less shall be resolved in accordance with the procedures
in the Public Contract Code, Division 2, Part 3, Chapter 1, Article 1.5 (commencing with Section
20104) which is set forth below:
ARTICLE 1.5 RESOLUTION OF CONSTRUCTION CLAIMS
20104. (a)(l) This article applies to all public works claims of three hundred seventy-five thousand
dollars ($375,000) or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a
public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b)(l) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except
that "public work" does not include any work or improvement contracted for by the state or the
Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of
money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract
for a public work and payment of which is not otherwise expressly provided for or the claimant is not
otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications
for any work which may give rise to a claim under this article.
(d) This article applies only to contracts entered into on or after January 1, 1991.
20104.2. For any claim subject to this article, the following requirements apply:
(a) The claim shall be in writing and include the documents necessary to substantiate the claim.
Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to
extend the time limit or supersede notice requirements otherwise provided by contract for the filing of
claims.
(b)(l ) For claims of less than fifty thousand dollars ($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)(l) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred
seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of
the claim, any additional documentation supporting the claim or relating to defenses to the claim the
local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be requested and provided pursuant to this
subdivision, upon mutual agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further documented, shall be submitted to
the claimant within 30 days after receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional information or requested
documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond
within the time prescribed, the claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency's response or within 15 days of the local agency's failure to
respond within the time prescribed, respectively, and demand an informal conference to meet and
confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a
-
a Revised 07/29/02 Contract No. FAC03-05 Page 48 of 80 Pages
.-
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:
(a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court
shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties.
The mediation process shall provide for the selection within 15 days by both parties of a disinterested
third person as mediator, shall be commenced within 30 days of the submittal, and shall be
concluded within 15 days from the commencement of the mediation unless a time requirement is
extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to
select a mediator within the 15-day period, any party may petition the court to appoint the mediator.
(b)(l) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to
Chapter 2.5 (commencing with Section 1141 .lo) of Title 3 of Part 3 of the Code of Civil Procedure,
notwithstanding Section 11 41.1 1 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing
with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil procedure) shall apply to any
proceeding brought under the subdivision consistent with the rules pertaining to judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed
for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to
exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except
in the case of arbitration where the arbitrator, for good cause, determines a different division. In no
event shall these fees or expenses be paid by state or county funds.
(3) In addition to Chapter 2.5 (commencing with Section 1141 .lo) Title 3 of Part 3 of the Code of Civil
Procedure, any party who after receiving an arbitration award requests a trial de novo but does not
obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter,
pay the attorney’s fees of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses to participate in the mediation or
arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract.
(b) In any suit filed under Section 201 04.4, the local agency shall pay interest at the legal rate on any
arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court
of law.
Revised 07/29/02 Contract No. FAC03-05 Page 49 of 80 Pages
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 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 a Revised 07/29/02 Contract No. FAC63-05 Page 50 of 80 Pages
or by the Contractor to any location within the Agency's boundaries the Contractor shall provide the
Engineer a copy of lease agreements for each property where such materials are stored. The lease
agreement shall clearly state the term of the lease, the description of materials allowed to be stored
and shall provide for the removal of the materials and restoration of the storage site within the time
allowed for the Work. All such storage shall conform to all laws and ordinances that may pertain to
the materials stored and to preparation of the storage site and the location of the site on which the
materials are stored. Loss, damage or deterioration of all stored materials shall be the 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 othewise 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 07/29/02 Contract No. FACO3-05 Page 51 of 80 Pages
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.
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:
6-1.2.6 Float. Float or slack time within the schedule is available without charge or compensation
to whatever party or contingency first exhausts it.
Add the following section:
6-1.2.7 Restraints to Activities. Any submittals, utility interfaces, or any furnishing of Agency
supplied materials, equipment, or services, which may impact any activity‘s construction shall be
shown as a restraint to those activities. Time periods to accommodate the review and correction of
submittals shall be included in the schedule.
Add the following section:
6-1.2.8 Late Completion. A Baseline Construction Schedule showing a project duration longer than the specified contract duration will not be acceptable and will be grounds for determination of
default by Contractor, per section 6-4.
Add the following section:
6-1.2.9 Early Completion. The Baseline Construction Schedule will show the Contractor’s plan to.
support and maintain the project for the entire contractual time span of the project. Should the
Contractor propose a project duration shorter than contract duration, a complete Baseline
Construction Schedule must be submitted, reflecting the shorter duration, in complete accordance
with all schedule requirements of section 6-1. The Engineer may choose to accept the Contractor’s
proposal of a project duration shorter than the duration specified; provided the Agency is satisfied the
shortened Baseline Construction Schedule is reasonable and the Agency and all other entities, public
and private, which interface with the project are able to support the provisions of the shortened
Baseline Construction Schedule. The Agency’s acceptance of a shortened duration project will be
confirmed through the execution of a contract change order revising the project duration and
implementing all contractual requirements including liquidated damages in accordance with the
revised duration.
Revised 07/29/02 Contract No. FACO3-05 Page 52 of 80 Pages
_-
I
Add the following section:
6-1.2.1 0 Engineer’s Review. The Construction Schedule is subject to the review of the Engineer.
The Engineer’s determination that the Baseline Construction Schedule proposed by the Contractor complies with the requirements of these supplemental provisions shall be a condition precedent to
issuance of the Notice to Proceed by the Engineer. If the Engineer determines that the Construction
Schedule does not meet the requirements of these specifications the Contractor shall correct the
Construction Schedule to meet these specifications and resubmit it to the Engineer. Failure of the
Contractor to obtain the Engineer’s determination that the initial Construction Schedule proposed by
the Contractor complies with the requirements of these supplemental provisions within thirty (30)
working days after the date of the preconstruction meeting shall be grounds for termination of the contract per section 6-4. Days used by the Engineer to review the initial Construction Schedule will
not be included in the 30 working days.
The Engineer will review and return to the Contractor, with any comments, the Baseline Construction
Schedule within 15 working days of submittal. The Baseline Construction Schedule will be returned
marked as per sections 6-1.2.10.1 through 6-1.2.10.3.
Add the following section:
6-1.2.10.1 “Accepted.” The Contractor may proceed with the project work upon issuance of the
Notice to Proceed, and will receive payment for the schedule in accordance with section 6-1.8.1.
Add the following section:
6-1.2.1 0.2 “Accepted with Comments.” The Contractor may proceed with the project work upon
issuance of the Notice to Proceed. The Contractor must resubmit the schedule incorporating the
comments prior to receipt of payment per section 6-1.8.1.
Add the following section:
6-1.2.10.3 “Not Accepted.” The Contractor must resubmit the schedule incorporating the
corrections and changes of the comments prior to receipt of payment per section 6-1.8.1. The Notice
to Proceed will not be issued by the Engineer if the changes of the comments are not submitted as
required hereinbefore and marked “Accepted” or “Accepted with Comments” by the Engineer. The
Contractor, at the sole option of the Engineer, may be considered as having defaulted the contract
under the provisions of section 6-4 DEFAULT BY CONTRACTOR if the changes of the comments
are not submitted as required hereinbefore and marked “Accepted” by the Engineer.
Add the following section:
6-1.3 Preparation of Schedule Updates and Revisions. The Contractor shall meet with the
Engineer during the last week of each month to agree upon each activity‘s schedule status and shall
submit monthly updates of the Baseline Construction Schedule confirming the agreements no later
than the fifth working day of the following month. The monthly update will be submitted on hard
(paper) copy and electronic media conforming to section 6-1.3.3 Electronic Media per the submittal
requirements of section 2-5.3 and will include each item and element of sections 6-1.2 through 6-
1.2.9 and 6-1.3.1 through 6-1.3.7.
Add the following section:
6-1.3.1 Actual Activity Dates. The actual dates each activity was started andor completed during
the month. After first reporting an actual date, the Contractor shall not change that actual date in
later updates without specific notification to the Engineer with the update.
Add the following section:
6-1.3.2 Activity Percent Complete. For each activity underway at the end of the month, the
Contractor shall report the percentage determined by the Engineer as complete for the activity.
a Revised 07/29/02 Contract No. FACO3-05 Page 53 of 80 Pages
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Add the following section:
6-1.3.4 List of Changes. A list of all changes made to the activities or to the interconnecting logic,
with an explanation for each change.
Add the following section:
6-1.3.5 Change Orders, Each monthly update will include the addition of the network revisions
reflecting the change orders approved in the previous month. The network revisions will be as
agreed upon during the review and acceptance of the Contractor’s change orders.
Add the following section:
6-1. 4 Engineer’s Review of Updated Construction Schedule. The Engineer will review and
return the Updated Construction Schedule to the Contractor, with any comments, within 5 working
days of submittal. The Updated Construction Schedule will be returned marked as per sections 6-
1.4.1 through 6-1.4.3. Any Updated Construction Schedule marked “Accepted with Comments” or
“Not Accepted” by the Engineer will be returned to the Contractor for correction. Upon resubmittal the
Engineer will review and return the resubmitted Updated Construction Schedule to the Contractor,
with any comments, within 5 working days. Failure of the Contractor to submit a monthly updated
construction schedule will invoke the same consequences as the Engineer returning a monthly
updated construction schedule marked “Not Accepted”.
Add the following section:
6-1.4.1 “Accepted.” The Contractor may proceed with the project work, and will receive payment
for the schedule in accordance with section 6-1.8.2.
Add the following section:
6-1.4.2 “Accepted with Comments.” The Contractor may proceed with the project work. The
Contractor must resubmit the Updated Construction Schedule to the Engineer incorporating the
corrections and changes noted in the Engineer’s comments prior to receipt of payment per section
6-1 .a.2.
Add the following section:
6-1.4.3 “Not Accepted.” The Contractor must resubmit the Updated Construction Schedule to the
Engineer incorporating the corrections and changes noted in the Engineer’s comments prior to
receipt of payment per section 6-1.8.2. The Contractor, at the sole option of the Engineer, may be
considered as having defaulted the contract under the provisions of section 6-4 DEFAULT BY
CONTRACTOR if the changes of the comments are not submitted and marked “Accepted“ by the
Engineer before the last day of the month in which the Updated Construction Schedule is due. If the
Contractor fails to submit the corrected Updated Construction Schedule as required herein the
Contractor may elect to proceed with the project at its own risk. Should the Contractor elect not to
proceed with the project, any resulting delay, impact, or disruption to the project will be the Contractor’s responsibility.
Add the following section:
6-1.5 Late Completion or Milestone Dates. Should the Schedule Update indicate a completion
or contractually required milestone date later than the properly adjusted contract or milestone
duration, the Agency may withhold Liquidated Damages for the number of days late. Should a
subsequent “Accepted“ Schedule Update remove all or a portion of the delay, all or the allocated portion of the previously held Liquidated Damages shall be released in the monthly payment to the
Contractor immediately following the “Accepted” schedule.
a Revised 07/29/02 Contract No. FACO3-05 Page 54 of 80 Pages
Add the following section:
6-1.6 Interim Revisions. Should the actual or projected progress of the work become
substantially different from that depicted in the Project Schedule, independently of and prior to the
next monthly update, the Contractor will submit a revised Baseline Construction Schedule, with a list
and explanation of each change made to the schedule. The Revised Construction Schedule will be
submitted per the submittal requirements of section 2-5.3 and per the schedule review and
acceptance requirements of section 6-1, including but not limited to the acceptance and payment
provisions. As used in this subsection “substantially different” means a time variance greater than 5
percent of the number of days of duration for the project.
Add the following section:
6-1. 7 Final Schedule Update. The Contractor shall prepare and submit a final schedule update
when one hundred percent of the construction work is completed. The Contractor’s Final Schedule
Update must accurately represent the actual dates for all activities. The final schedule update shall
be prepared and reviewed per sections 6-1.3 Preparation of Schedule Updates and Revisions and
6-1. 4 Engineer’s Review of Updated Construction Schedule. Acceptance of the final schedule
update is required for completion of the project and release of any and all funds retained per section
9-3.2.
Add the following section:
6-1.1 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.
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 specified in the
Specifications. The work includes removing existing roofing, furnishing and installing a new roof at
the Carlsbad Senior Center.
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.
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@) required by this section the Contractor
agrees that no delay has occurred and that it will not submit any claim@) therefor.
a Revised 07/29/02 Contract No. FACO3-06 Page 55 of 80 Pages
6-7 TIME OF COMPLETION. Add the following: The Contractor shall diligently prosecute the work
to completion within= working days after the starting date specified in the Notice to Proceed.
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:OO a.m. and 4:OO 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 hidher 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 and
add the following: For each consecutive calendar day in excess of the time specified for completion
of Work, as adjusted in accordance with 6-6, the Contractor shall pay the Agency, or have withheld
monies due it, the sum of Five Hundred Dollars ($500.00).
Execution of the Contract shall constitute agreement by the Agency and Contractor that $500.00 per
day is the minimum value of costs and actual damages 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.
a Revised 07/29/02 Contract No. FAC03-05 Page 56 of 80 Pages
.- 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@) 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
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 hidher 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, NPDES
General Permit number CAS000002 and the "Water Discharge Requirement for Discharges of Storm Water Runoff Associated with Construction Activity"
Add the following section:
7-8.8 Noise Control. All internal combustion engines used in the construction shall be equipped
with mufflers in good repair when in use on the project with special attention to the City Noise Control
Revised 07/29/02 Contract No. FAC03-05 Page 57 of 80 Pages
Ordinance, Carlsbad Municipal Code Chapter 8.48.
7-10 PUBLIC CONVENIENCE AND SAFETY.
Add the following section:
7-1 0.3.1 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 21 0-1.6 et seq. except that all temporary paint shall be rapid dry water
borne conforming to section 21 0-1.6for 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, 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.
The Contractor shall prepare and implement traffic control plans and shall furnish all labor and
materials to perform, install, maintain, replace and remove all traffic control as incidentals to the work
with which they are associated and no other compensation will be allowed therefor.
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.
@ Revised 07/29/02 Contract No. FAC03-05 Page 58 of 80 Pages
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 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
Revised 07/29/02 Contract No. FACO3-Os Page 59 of 80 Pages
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 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 07/29/02 Contract No. FAC03-05 Page 60 of 80 Pages
.-
BUILT-UP COLD-PROCESS MODIFIED BITUMEN ASPHALT ROOFING
PART 1 - GENERAL
1.1
A.
1.2
A.
1.3
A.
B.
1.4
A.
B.
C.
RELATED DOCUMENTS
Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
SUMMARY
This Section includes the following:
1. Existing roof tear-off.
2. Built-up cold process roofing system.
3. Metal flashing.
4. Masonry joint sealant.
DEFINITIONS
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.
Hot Roofing Asphalt: Roofing asphalt heated to its equiviscous temperature, the temperature at
which its viscosity is 125 centipoise for mopping application and 75 centipoise for mechanical
application, within a range of plus or minus 25 deg F, measured at the mop cart or mechanical
spreader immediately before application.
PERFORMANCE REQUIREMENTS
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.
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.
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 and that are listed in
FMGs "Approval Guide" for Class 1 or noncombustible construction, as applicable. Identify
materials with FMG markings.
1. Roofing system shall comply with the following:
a. Fire/Windstonn Classification: Class IA-90.
BUILT-UP COLD-PROCESS MODIFIED BITUMEN ASPHALT ROOFING
City of Carlsbad
Senior Center
.-
b. FM 1-49 Loss Prevention Data Sheet for Perimeter Flashing.
c. FM 1-28 Loss Prevention Data Sheet for Wind Loads to Roof Systems and Roof
d. FM 1-29 Loss prevention Data Sheet Above Deck Roof Components.
e. NRCA Manual for Low-Slope Roofing Construction Details (Fourth Edition).
f. SMACNA Manual (Fifth Edition).
g. ASCE 7, Chapter 6.
Deck Securement.
1.5 SUBMITTALS
A. Substitutions:
1. When a particular make or trade name is specified, it shall be indicative of standard
required. Bidders proposing substitutes/altemate systems shall submit the following 7
days prior to bid date to Owner:
a. Written application with explanation of why it should be considered.
b. Accredited testing laboratory certificate comparing substitute's
c. Only substitutes approved in writing by Owner prior to scheduled bid date will be
d. Notification of approvals will be mailed at least 3 days before bid opening.
2. Owner reserves right to be final authority on acceptance or rejection of any substitute.
physicaYperformance attributes to those specified.
considered.
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. Insulation fastening patterns.
D. Samples for Verification: For the following products:
1. 8-by-12-inch square of base plies.
2. 8-by-12-inch square of mineral-granule-surfaced cap sheet, of color specified.
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 and manufacturer.
BUILT-UP COLD-PROCESS MODIFIED BIWN ASPHALT ROOFING
City of Carlsbad
Senior Center
H. Product Test Reports: Based on evaluation of comprehensive tests performed by manufacturer
and witnessed by a qualified testing agency, for components of roofing system.
1. Indicate that bulk roofing asphalt materials delivered to project comply with
requirements. Include quantity and statistical and descriptive data for each product.
Submit certificate with each load before it is used.
2. Include continuous log showing time and temperature for each load of cold asphalt,
indicating date obtained from manufacturer, where held, and how transported before final
heating and application on roof.
I. ResearchLEvaluation Reports: For components of roofing system.
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.
1.6 QUALlTY ASSURANCE
A. Installer Qualifications: A qualified fm 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 process multi-ply roofing applications for ten (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 five (5) 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
b. The number of days will increase at a rate of one (1) day for each additional 100
(3) days for a project of 200 squares or less.
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
2. Be nationally recognized in the roofing, waterproofing and moisture survey industry.
3. Be approved by Owner.
(NRCA) for at least five (15) years.
BUILT-UP COLD-PROCESS MODIFIED BITUMEN ASPHALT ROOFING
City of Carlsbad
Senior Center
E.
F.
G.
H.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Has not been in Chapter 1 1 bankruptcy during the last five (10) years.
Provide a copy of Corporate Health, Safety and Welfare policy
Manufacturer must manufacture a minimum of 70% of the materials that they supply, by
dollar volume, in facilities owned or solely leased by said manufacturer, including
equipment used in manufacturing operations..
Provide evidence of twenty (20) quarters of continuous plant inspections of roofing
manufacturing sites over the previous five (5) years by an independent Nationally
Recognized Testing Laboratory (NRTL) as defined in 29 CFR Ch. XVII (7-1-93 Edition)
from the Occupational Safety and Health Administration (OSHA).
Be IS0 9001 registered for at least the prior five (5) years
Furnish a service agreement / warranty.
Provide Owner names of at least five (5) qualified applicators.
Employ full-time Field Technical Services Representatives for daily job-site monitoring
and production of daily reports.
Require local Field Representatives to make periodic job-site visits and produce work
quality and progress reports.
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.
Manufacture must be provider of current existing computerized roof information
management software and preventive maintenance program in order to coordinate with
long-term goals of and warranty rebates to the City of Carlsbad.
Testing Agency Qualifications: An independent testing agency with the experience and
capability to conduct the testing indicated, as documented according to ASTM E 548.
Source Limitations: Obtain components for roofing system from roofing system manufacturer.
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, FMG, or another testing and inspecting agency acceptable to authorities having
jurisdiction. Materials shall be identified with appropriate markings of applicable testing and
inspecting agency.
1. Exterior Fire-Test Exposure: Class A; ASTM E 108, for application and roof slopes
2. Fire-Resistance Ratings: ASTM E 119, for fire-resistance-rated roof assemblies of which
indicated.
roofing system is a part.
Preliminary Roofing Conference: Before starting roof deck construction, conduct conference at
Project site. Comply with requirements for pre-installation conferences in Division 1 Section
BUILT-UP COLD-PROCESS MODIFIED BITUMEN ASPHALT ROOFING
City of Carlsbad Senior Center
I. "Project Management and Coordination." Review methods and procedures related to roof deck
construction and roofing system including, but not limited to, the following:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Meet with Owner, General Contractor, 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.
Review methods and procedures related to roofing installation, including manufacturer's
written instructions.
Review and finalize construction schedule and verify availability of materials, Installer's
personnel, equipment, and facilities needed to make progress and avoid delays.
Examine deck substrate conditions and finishes for compliance with requirements,
including flatness and fastening.
Review structural loading limitations of roof deck during and after roofing.
Review base flashings, special roofing details, roof drainage, roof penetrations,
equipment curbs, and condition of other construction that will affect roofing system.
Review governing regulations and requirements for insurance and certificates if
applicable.
Review temporary protection requirements for roofing system during and after
installation.
Review roof observation and repair procedures after roofing installation.
J. Re-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, General Contractor, 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.
BUILT-UP COLD-PROCESS MODJFED BITUMEN ASPHALT ROOFING
City of Carlsbad
Senior Center
1.7 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.
1.8 PROJECT CONDRIONS
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.
1.9 WARRANTY
A. Special Warranty: Manufacturer's Quality Assurance Plus 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. A
single manufacturer shall provide specified warranties and materials
1. Special warranty includes roof deck, 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, 10,
and 15:
a. Inspection by a Technical Service 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 which threaten the integrity of the roof
system and are not exempt from coverage due to neglect, negligence, vandalism, or
other exclusion.
BUILT-UP COLD-PROCESS MODIFIED BITUMEN ASPHALT ROOFING
City of Carlsbad
Senior Center
c. General rooftop housekeeping and clean-up, subject to limits, but generally
d. Inspections above will be rebated against future Predictive Maintenance Program.
including removal of incidental debris.
3. Warranty Period: 20 years from date of Substantial Completion.
B. Maintenance and Warranty Service Agreement, which includes a two (2)-year contractor's and
Fifteen (15)-year manufacturer's coverage. A single manufacturer shall provide specified
warranties and materials.
1. Special warranty includes roof deck, roofing membrane, base flashings, roofing
membrane accessories, roof insulation, all sheet metal-related details, and termination
details.
2. New Roof Component Coverage: The manufacturer's warranty must include labor and
material coverage against leakage on all components including those manufactured by
others. Included in the warranty coverage are the following:
a.
b.
d.
e.
f.
g.
h.
C.
1.
j. k.
1.
m.
n.
Insulation materials, fasteners, and adhesives.
All new and temporary roof membrane components and adhesives.
All metal edge components including cleat strips.
All tapered edge and cant strips.
All surface mastics, coatings, stripping, plies, etc.
All drain and scupper flashings.
Any roof leaks or other problems caused by substrate movement of any component
other than the deck shall not be excluded.
Any movement associated with metal edge joints or flanges causing leaks.
Damages caused by wind speed up to 74 miles per hour.
Permanent tie-ins and/or control joints separating new and old roofing.
The contractor shall certify compliance with the above warranty requirements by
submitting a copy of the warranty as a submittal item upon request of the Owner. *
The manufacturer will advise the customer in writing how to maintain the warranty
in the form of an Owner's manual. The customer shall have the option to renew
this warranty at the end of ten (10) years per the renewal agreement.
Service responsibilities of the Manufacturer to Owner:
Bi-Annual Housekeeping to include the following:
1) Removal of debris from the roof membrane.
2) Removal of debris from the roof drains, gutters, and scuppers.
3) Disposal of debris in customer supplied waste containers.
4) Storm Reports, Monitoring and Follow-Up:
a) Roof inspection at customer request of roof areas after major storm
b) Annual Roof Inspection Report: Will provide an annual roof
activity.
summary with condition photographs.
Bi-Annual Preventive Maintenance to include the following:
1) Metal Edge Flashing Components:
a) Tears, splits, and breaks in membrane flashings will be repaired with
b) Open, split flashing strip-ins will be repaired with appropriate repair
c) Loose metal edge cleats and clips will be re-secured.
appropriate repair mastics and membranes.
mastics and membranes.
BUILT-UP COLD-PROCESS MODIFIED BITUMEN ASPHALT ROOFING
City of Carlsbad
Senior Center
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d) Exposed fasteners will be sealed.
a) Tears, splits, kick holes, and breaks in flashing membrane will be
b) Breaks, tears, and splits in flashing strip-ins with appropriate repair
c) Exposed fasteners will be sealed.
d) Voids in termination bars, counter-flashings and parapet cap will be
2) Parapet Wall and Counterflashing Systems:
repaired with appropriate repair mastics and membranes.
mastics and membranes.
cleaned and sealed.
3) Equipment / Projection Flashing Components:
a) Tears, splits, and breaks in flashing membrane will be repaired with
b) Open, split flashing strip-ins will be repaired with appropriate repair
c) Unsecured roof top equipment will be secured.
d) Exposed fasteners will be tightened.
e) Termination bar and counterflashings will be sealed.
4) Roof Membrane Maintenance and Repairs:
a) Tears, splits, and breaks in membrane flashings will be repaired with
appropriate repair mastics and membranes.
b) Open, split flashing strip-ins will be repaired with appropriate repair
mastics and membranes.
c) Splits and blisters which threaten the integrity of the roof system will
be cleaned, primed, and repaired with appropriate repair mastics and
membranes.
appropriate repair mastics and membranes.
mastics and membranes.
d) Pitch pans will be refilled and topped off.
e) Metal projections (hoods and clamps) will be sealed.
a) Dress up wind scoured comers with appropriate repair mastics and
b) Dress up reflective coatings on flashings.
c) Re-caulking as needed.
1) In the event that a leak should occur:
5) Miscellaneous Maintenance Repairs:
coatings.
0. Leak response responsibilities of the manufacturer to Owner:
a) Provide toll free 800 number for Owner to call in leak report.
Number will be monitored twenty-four (24) hours a day, 365 days a
year.
b) Provide a response to Owner on all leak calls within twenty-four (24)
hours of when the call is made.
c) Provide a repair crew, at the building site, within two (2) business
days of the call.
d) Provide follow-up inspection to ensure that repairs were made
properly.
e) Monitor all leak events and response and provide a written quarterly
summary if leaks have occurred. Deliver to Owner at the end of each
quarter when leaks have occurred.
3. Warranty Period: Ten years from date of Substantial Completion
BUILT-UP COLD-PROCESS MODIFIED BITUMEN ASPHALT ROOFING
City of Carlsbad Senior Center
C. 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 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.
PART 2 - PRODUCTS
2.1
A.
2.2
A.
B.
2.3
A.
MANUFACTURERS
Manufacturers: Subject to compliance with requirements, provide products by the following or
alternate products having equal or better performance properties. Where a brand name is listed
it is only to promote a required performance standard and can be substituted with a product that
meets and/or exceeds this standard of performance criteria.
BASE-SHEET MATERIALS
Rosin Sheet:
1. ASTM D 549-74 (1982), rosin sheathing paper.
Base Sheet: Coated Trilaminate Reinforced Ply Sheet for Built-up an Modified Bitumen
Roofing Systems Modified with SBS Rubber.
1. Weight 3 1 lb/ lOOsf ASTM D 228-90a
2. Tensile Strength 3 12 lbf/in. MD ASTM D 5 147
290 lbf/in. XD
3. Tear Strength 540 lbf MD ASTM D 4073-94 (1998)
558 lbf XMD
4. Elongation 7.2% MD ASTM D 5147
8.4% XMD
5. Asphalt 10.0 Ib/ 100 sq ft ASTM D 228-90a
ROOFING MEMBRANE PLIES
Ply Sheet: ASTM D 4601, Type II, non-perforated, coated fiberglass ply sheet, dusted with fine
mineral surfacing on both sides.
1. Weight 33 lb/100sf ASTM D 228-69 (1978)
2. Breaking Strength 90 Win. MD ASTM D 146-78a (1986)
70 Ib/in. XD
3. Asphalt 10.0 lWSlO0 sq ft ASTM D 4601-86
4. Surfacing 65 % ASTM D 460 1-86
& Stabilizer
BUILT-UP COLD-PROCESS MODIFIED BITUMEN ASPHALT ROOFING
City of Carlsbad
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B. Cap Sheet: ASTM D 6163 Grade G Type I1 SBS modified asphalt-impregnated and coated,
glass-fiber cap sheet, with white coarse mineral-granule top surfacing and fine mineral
surfacing on bottom surface.
1. Tensile Strength 120 lbf/in MD ASTM D 5147-95
2. Tear Strength 70 lbf MD ASTM D 5147-95
3. Elongation 2.6% MD ASTM D 5 147-95
4. Puncture Resistance 70 lbf ASTM E 154-99
5. Thickness .120 in (3.0 111111) ASTM D 5 147-95
1 15lbf/in XD
80 lbf XD
2.5% XD
2.4 FLASHING MATERIALS
A. Flashing Ply: Coated Trilaminate Reinforced Ply Sheet for Built-up an Modified Bitumen
Roofing Systems Modified with SBS Rubber.
1. Weight 3 1 lb/ 1 OOsf ASTM D 228-90a
2. Tensile Strength 3 12 lbf/in. MD ASTM D 5147
290 lbf/in. XD
3. Tear Strength 540 lbf MD ASTM D 4073-94 (1998)
558 lbf XMD
4. Elongation 7.2% MD ASTM D 5 147
8.4% XMD
5. Asphalt 10.0 lb/ 100 sq ft ASTM D 228-90a
B. Flashing Sheet: ASTM D 6163, Type 11, glass-fiber-reinforced, SBS-modified asphalt sheet;
white granular surfaced; suitable for application method specified and as follows:
1. Tensile Strength 120 lbf/in MD ASTM D 5 147-95
2. Tear Strength 70 lbf MD ASTM D 5 147-95
3. Elongation 2.6% MD ASTM D 5 147-95
4. Puncture Resistance 70 lbf ASTM E 154-99
5. Thickness .120 in (3.0 mm) ASTM D 5 147-95
115lbf/in XD
80 lbf XD
2.5% XD
C. Glass-Fiber Fabric: Vinyl coated woven glass cloth.
2.5 ASPHALTMATEWS
A. Roofing Asphalt: Low VOC Rubberized Cold applied asphalt adhesive with SEBS Rubber.
1. Viscosity @ 77def F 40,000- ASTM D 2196-81
2. Density @ 77 deg F 8.1 lb/gal ASTM D 1475-90
3. Asbestos content None EPA 600/R-93/ 1 16
200,000 CP
BUILT-UP COLD-PROCESS MODIFIED BITUMEN ASPHALT ROOFING City of Carlsbad
Senior Center
4. Non-volatile Content 72% ASTM D 4479-85
5. Asphalt Content, min. 50% ASTM D 4479-93
B. Flashing Adhesive: Asphalt-based, heavily fibrated mastic, asbestos free.
2.6
A.
B.
C.
D.
E.
F.
G.
H.
I.
AUXILIARY ROOFING MEMBRANE MATERIALS
General: Auxiliary materials recommended by roofing system manufacturer for intended use
and compatible with built-up roofing.
Highly Reflective, Heavy Build, Elastomeric Roof Coating
1. Density 6.8 lbdgal ASTM D 1475-90
2. Percent Solids 70% (by vol) ASTM 520 1-9 1
3. Asbestos Content none EPA 600/R-93/116
4. voc none ASTM 3690-89
5. Non-Volatile Content 62% (by wt) ASTM D 1644-88
Mastic Sealant: Polyisobutylene, plain or modified bitumen, non-hardening, non-migrating,
non-skinning, and nondrying.
Fasteners: Factorycoated 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.
Metal Flashing Sheet: 24 ga. metal flashing sheet and low edge gravel stop.
Coping cap:
1. Galvanized Steel: ASTM A 526-85, sheet steel with 1.25 oz./sq. (3.82 g/m2) galvanized
coating.
a. Gage: Twenty-four (24).
Metal counterflashing at all base flashings terminated on vertical surface of perimeter walls.
1. Galvanized Steel: ASTM A 526-85, sheet steel with 1.25 oz./sq. (3.82 g/m2) galvanized
coating.
a. Gage: Twenty-four (24).
Metal TerrninatiodCompression Bar: 24 g. galvanized steel with caulking tray.
1. 3/16 x 1 inch (4.8 x 25.4 mm) with caulking tray when used on two-piece surface
mounted counter flashing detail.
cant strips
1. Wood cant: 4" x 4" (100 mm x 100 mm) cut on bias.
a. American Lumber Standard Committee (ALSC) No. 2 grade Southern Pine; free
from warping and visible decay; pressure-treated according to AWPA Standard C2
for lumber and timber with CCA, ACA, ACQ-B, ACQ-D, ACZA, or CC to a
retention of 4.0 kg/m3 (0.25 pcf) for above ground use.
BUILT-UP COLD-PROCESS MODIFIED BITUMEN ASPHALT ROOFING
City of Carlsbad
Senior Center
1
J. Crickets:
1. ASTM C 728-97, perlite, factory fabricated, 2 x 4 (610 mm x 1220 mm) dimension.
Slope shall be twice (2 times) the roof system slope, with a minimum of 1/2 inch per foot
(41.6 mm per meter).
K. Wood Nailer Strips: Solid wood, pressure treated nailer strips.
L. Joint Sealant: Low modulus, moisture curing, modified polyurethane sealant.
M. Elastomeric Sealant: Suited for providing a weather-tight seal in dynamic joints in building
components.
N. Miscellaneous Accessories: Provide miscellaneous accessories recommended by roofing
system manufacturer.
PART 3 - EXECUTION
3.1
A.
3.2
A.
B.
C.
D.
E.
EXAMINATION
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
2. Verify that wood cants, blocking, curbs, and nailers are securely anchored to roof deck at
drains are securely clamped in place.
penetrations and terminations and that nailers match thickness of insulation.
PREPARATION
Remove: Existing roofing, insulation to roof deck.
1. Area: As determined at site meeting.
2. Sweep clean roof deck.
3. Ensure that deck is dry
4. Treat deck rust areas by wire wheel abrading and application of rust inhibitor.
Remove as directed by Owner: Unused equipment.
Clean substrate of dust, debris, moisture, and other substances detrimental to roofing installation
according to roofing system manufacturer's written instructions. Remove sharp projections.
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.
Surface preparation:
1. Re-point existing masonry walls.
BUILT-UP COLD-PROCESS MODIFIED BITUMEN ASPHALT ROOFING
City of Carlsbad Senior Center
/- I 2. Complete masonry work before installation of new roofing.
3. Clearly identify areas to be repaired.
4. Remove all chipped, broken, loose, and unsound mortar from the joint.
5. Chisel or grind out all cracked and poorly adhered mortar on both sides of the joint.
6. Rake back all crumbling and unsound mortar to a depth of 5/8 inch (16 mm)
minimum or 2-1/2 times the joint width.
7. Identify damaged brick that must be replaced.
8. Remove any exposed cavity tie back steel from surface and loose brick.
9. Clear dust and dirt from joint using oil free compressed air.
3.3 ROOFING MEMBRANE INSTALLATION, GENERAL
A. Install built-up roofing membrane system according to roofing system manufacturer's written
instructions and applicable recommendations of ARMA/NRCA's "Quality Control Guidelines
for the Application of Built-up Roofing."
1. Install roofing system BU-I-L-G2 with base sheet", according to specification-plate
classifications in NRCAs "The NRCA Roofing and Waterproofing Manual" and
requirements in this Section.
B. Start installation of built-up roofing membrane in presence of roofing system manufacturer's
technical personnel.
.- C. Cooperate with testing and inspecting agencies engaged or required to perform services for
installing built-up roofing system.
D. 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.
E. Substrate-Joint Penetrations: Prevent roofing asphalt from penetrating substrate joints, entering
building, or damaging roofing system components or adjacent building construction.
3.4 ROOFING MEMBRANE INSTALLATION
A. Ensure deck is dry.
B. Contractor must immediately notify building owner, material manufacturer's representative and
roof system specifier if the deck is not dry.
BUILT-UP COLD-PROCESS MODIFIED BITUMEN ASPHALT ROOFING
City of Carlsbad
Senior Center
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C. Lay 1 ply rosin sheathing paper perpendicular to slope direction over roof deck. Side laps - 2
inches (50 mm); endlaps - 4 inches (100 mm). Nail to hold in place.
D. Install base sheet over sheathing paper. Lap 4 inches (100 mm) on sides and ends. Nail 9
inches (230 mm) O.C. at lap; 2 rows staggered 18 inches (460 mm) o.c., 12 inches (300 mm)
from each edge. Increase fastening density by 70% in roof perimeter areas and by 160% in roof
comer areas. Obtain increased fastening density by adding rows of fasteners or by adding
additional fasteners along each row.
E. Install two-ply sheets starting at low point of roofing system. Align ply sheets without
stretching. Shingle side laps of ply sheets uniformly to achieve required number of plies
throughout thickness of roofing membrane. Shingle in direction to shed water. Extend ply
sheets over and terminate beyond cants.
1. Embed each ply sheet in a solid coating of cold roofing asphalt applied at rate required by
roofing system manufacturer, to form a uniform membrane without ply sheets touching.
a. Application rate: 2 gals per 100 sf.
F. 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. Embed cap sheet in a solid coating of cold roofing asphalt applied at rate required by
roofing system manufacturer.
a. Application rate: 1.5 gals to 2 gals per 100 sf.
3.5 FLASHING, STRIPPING AND METAL INSTALLATION
A. General flashing requirements:
1. MB Flashing:
a. Backer Sheet Application: Mechanically fasten backer sheet to walls or parapets.
Adhere backer sheet over roofing membrane at cants in a solid coating of mastic.
1) Adhere one (1) ply flashing ply to flashing substrate in a continuous
application of flashing bitumen. Remove wrinkles and voids. Overlap
sections 4 inches (100 mm).
b. Flashing Sheet Application: Adhere flashing sheet to substrate in a solid coating
c. Extend flashing ply 4 inches (100 mm) beyond toe of cant.
d. Cut modified bitumen flashing membrane in lengths not to exceed 10 feet (3.1
meter). Apply flashing bitumen to flashing ply in a continuous 1/16 inch (1.6 mm)
thick application. Adhere flashing membrane to bitumen. Lap flashing membrane
ends 4 inches (100 mm); extend membrane 6 inches (150 mm) beyond toe of cant;
press sheet fdy in place. Ensure complete bond and continuity without wrinkles
or voids. Adhere laps with flashing bitumen. Seal vertical laps of flashing
membrane with reinforcing membrane embedded between alternate continuous
courses of flashing bitumen.
of mastic.
F
BUILT-UP COLD-PROCESS MODIFIED BITUMEN ASPHALT ROOFING
City of Carlsbad
Senior Center
t e. Base flashing height:
1) Not less than 8 inches (200 mm), not higher than 12 inches (305 111111) above
finished roofing surface.
f. Two-ply Stripping for metal flanges:
1) Set flange in asphalt mastic. Seal flange with two (2) stripping plies
embedded between alternate applications of stripping adhesivehitumen.
Extend first ply 4 inches (100 mm) beyond flange; second ply 2 inches (50
mm) beyond first ply.
g. Two-ply stripping for base flashings:
1) Seal horizontal edge of flashing with two (2) stripping plies embedded
between alternate applications of stripping adhesivehitumen. Extend first
ply 4 inches (100 mm) beyond flashing sheet; second ply 2 inches (50 111111)
beyond first ply.
h. Surfacing for exposed Mastic
1) Coat all exposed stripping and mastic areas with recommended elastomeric
coating
c
B.
C.
D.
At wall flashings:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Mechanically fasten wood cant to perimeter and around all curbed units every 6" OC
Install modified bitumen base flashing as described in general flashing requirements
section.
Secure top edge of flashing membrane to vertical substrate with termination bar secured 8
inches (200 111111) O.C. maximum.
Provide fivecourse sealheinforcement at top of flashing membrane.
a. Embed two (2) courses reinforcing mesh in alternate continuous applications of
asphalt mastic; leave no voids. Cover reinforcing mesh with a top course of
asphalt mastic.
Fabricate and install new counterflashing.
Install surface mount counterflashing with flashing tape. Mechanically fasten 8 inches
(200 mm) O.C. maximum.
Wipe clean metal surfaces of flashing joint with metal cleaner. Prime metal joint
surfaces with metal primer. Allow to dry.
Caulk flashing joint. Provide watershed. Tool neatly.
Install two (2) ply stripping for modified bitumen base flashing described in general
flashing requirements section.
At scupper locations:
1. Install cant strip up to scupper opening.
2. Install roofing to top edge of cant.
3. Fabricate and install metal scupper.
4. Install base flashings described in general flashing requirements section.
5. Fabricate and install new counterflashing.
At wood curb flashings:
1. Remove mechanical equipment from curb.
2. Install new roofing to top edge of cant. Nail 8 inches (200 111111) O.C. with spiral or
3. Install modified bitumen base flashing as described in general flashing requirements
annular nails, with a 1 inch (25 mm) cap.
section.
BUILT-UP COLD-PROCESS MODIFIED BITUMEN ASPHALT ROOFING
City of Carlsbad
Senior Center
i-
E.
F.
G.
H.
4. Secure top edge of flashing to substrate with spiral or annular shank nails, with a 1 inch
5. Provide five course sealheinforcement at top of flashing membrane.
(2.54 cm) cap, 8 inches (20.3 cm) O.C.
a. Embed two (2) courses reinforcing mesh in alternate continuous applications of
asphalt mastic; leave no voids. Cover reinforcing mesh with a top course of
asphalt mastic.
6. Fabricate and install counterflashing.
7. Reinstall mechanical equipment onto curb. Refasten.
At plumbing vents:
1.
2.
3.
4.
5.
6.
Wedge plumbing vent tight against deck.
Apply 1/16 inch (1.6 mm) unifonnly thick layer of asphalt mastic to surface receiving
metal flange.
Fabricate and install plumbing vent flashing from lead. Flange: 4 inches (100 mm) wide
minimum; extend completely around periphery of vent flashing. Set flange into mastic.
Neatly dress flange with wood block.
Prime metal flange with asphalt primer.
a. Pipe outside diameter greater than 2 inches (50 mm): Bend lead inside pipe 1 inch
(25 mm) minimum with pliers or rubbedplastic mallet; replace cracked lead.
b. Pipe outside diameter 2 inches (50 mm) or less: Cut lead at vent top; fabricate and
install integral lead cap.
Mechanically fasten plumbing vent to substrate, 3 inch (75 mm) O.C. staggered.
Install two (2) ply stripping for metal flanges as described in general flashing
requirements section.
At copings: Installation of light metal parapet cap.
1. Install wood blocking.
2. Install continuous bent cleat on outside edge of wood blocking. Cleat shall be 1 gage
3. Install shims or beveled wood strips to provide inward slope to finished coping cap.
4. Place a base sheet felt over top of parapet blocking. Extend down 2 inches (50 mm)
minimum over edges.
5. Fabricate and install coping cover. Connect coping sections with 1-1/4 inch (32 mm)
high standing seam. Extend front and rear sides of cover 2 inches (50 mm) beyond wood
blocking. Bend lower edges out 30 degrees maximum to form drip edge. Attach outside
edge to continuous cleat with 3/4 inch (19 mm) lock. Attach inside edge to wood
blocking 24 inches (610 mm) O.C. At comers, form standing seam and miter.
heavier than coping cover. Lap ends 1 inch (25 mm). Nail 16 inches (400 mm).
Chem Curbs:
1. See manufacturer’s recommendations
At roof drains:
1. Install tapered edge strip around drain to create approximate 48 x 48 inch (1220 x 1220
mm) sump. Miter comers. Seal toe of tapered edge to drain rim with reinforcing
membrane embedded between alternate courses of asphalt mastic.
2. Install roofing system into sump and onto drain rim
3. Plug drain to prevent water entry until service connection is completed.
4. Prime the bottom side of the lead flashing.
BUILT-UP COLD-PROCESS MODIFIED BITUMEN ASPHALT ROOFING
City of Carlsbad
Senior Center
"
c
I.
3.6
A.
B.
C.
D.
E.
3.7
A.
5.
6.
7.
8.
9.
10.
11.
12.
Apply 1/16 inch (1.6 mm) uniformly thick layer of asphalt mastic to surface receiving
soft copper flashing.
Set single piece lead flashing in mastic centered over drain; extend lead 6 inches (150
mm) beyond drain rim. Neatly dress lead with wood block.
Clamp flashing collar to drain in bed of mastic.
Neatly cut leadfelts within drain at rim. Lead to extend 1 inch (25 mm) into bowl.
Prime lead with asphalt primer.
Fabricate a 1" x 4" (25 mm by 100 mm) gravel retainer in a 36" (0.914 m) square around
the drain bowl. Set gravel retainer in asphalt mastic.
Install two (2) ply stripping described in general flashing requirements section. Stripping
shall not extend under clamping ring.
For working drains, remove drain plug upon completion of work each day.
Masonry Joints: Clean and seal all exposed masonry joints with elastomeric sealant.
FIELD QUALITY CONTROL
Testing Agency: Owner will engage a qualified independent testing and inspecting agency to
perform roof tests and inspections and to prepare test reports.
Test Cuts: Before flood coating and surfacing built-up roofing membrane, test specimens will
be removed to evaluate problems observed during quality-assurance inspections of roofing
membrane as follows:
1. Approximate quantities of components within roofing membrane will be determined
according to ASTM D 3617.
2. Test specimens will be examined for interply voids according to ASTM D 3617 and to
comply with criteria established in Appendix 3 of ARMA/NRCA's "Quality Control
Guidelines for the Application of Built-up Roofing."
Final Roof Inspection: Arrange for roofing system manufacturer's technical personnel to
inspect roofing installation on completion and submit report to General Contractor.
1. Notify General Contractor or Owner 48 hours in advance of date and time of inspection.
Repair or remove and replace components of roofing system where test results or inspections
indicate that they do not comply with specified requirements.
Additional testing and inspecting, at Contractor's expense, will be performed to determine
compliance of replaced or additional work with specified requirements.
PROTECTING AND CLEANING
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 General Contractor
and Owner.
BUILT-UP COLD-PROCESS MODIFIED BITUMEN ASPHALT ROOFING City of Carlsbad
Senior Center
,.
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 overspray and spillage from adjacent construction using cleaning agents and procedures
recommended by manufacturer of affected construction.
i
BUILT-UP COLD-PROCESS MODIFIED BITUMEN ASPHALT ROOFTNG
City of Carlsbad
Senior Center
3.8 ROOFDIG INSTALLERS WARRANTY
A. WHEREAS of herein called the "Roofing
Installer," has performed roofing and'associated work ("work") on the following project:
1. Owner:
2. Address:
3. Building NameRype:
4. Address:
5. Area of Work
6. Acceptance Date:
7. Warranty Period:
8. Expiration Date:
B. AND WHEREAS Roofing Installer has contracted (either directly with Owner or indirectly as a
subcontractor) to warrant said work against leaks and faulty or defective materials and
workmanship for designated Warranty Period,
C. NOW THEWFORE Roofing Installer hereby warrants, subject to terms and conditions herein
set forth, that during Warranty Period he will, at his own cost and expense, make or cause to be
made such repairs to or replacements of said work as are necessary to correct faulty and
defective work and as are necessary to maintain said work in a watertight condition.
D. This Warranty is made subject to the following terms and conditions:
1. Specifically excluded from this Warranty are damages to work and other parts of the
building, and to building contents, caused by:
a. lightning;
b. peak gust wind speed exceeding mph (dsec);
c. fire;
d. failure of roofing system substrate, including cracking, settlement, excessive
deflection, deterioration, and decomposition;
e. faulty construction of parapet walls, copings, chimneys, skylights, vents,
equipment supports, and other edge conditions and penetrations of the work;
f. vapor condensation on bottom of roofing; and
g. activity on roofing by others, including construction contractors, maintenance
personnel, other persons, and animals, whether authorized or unauthorized by
Owner.
2. When work has been damaged by any of foregoing causes, Warranty shall be null and
void until such damage has been repaired by Roofing Installer and until cost and expense
thereof have been paid by Owner or by another responsible party so designated.
3. Roofing Installer is responsible for damage to work covered by this Warranty but is not
liable for consequential damages to building or building contents resulting from leaks or
faults or defects of work.
4. During Warranty Period, if Owner allows alteration of work by anyone other than
Roofing Installer, including cutting, patching, and maintenance in connection with
penetrations, attachment of other work, and positioning of anything on roof, this
Warranty shall become null and void on date of said alterations, but only to the extent
BUILT-UP COLD-PROCESS MODIFIED BITUMEN ASPHALT ROOFING
City of Carlsbad
Senior Center
_- said alterations affect work covered by this- Warranty. If Owner engages Roofing
Installer to perform said alterations, Warranty shall not become null and void unless
Roofing Installer, before starting said work, shall have notified Owner in writing,
showing reasonable cause for claim, that said alterations would likely damage or
deteriorate work, thereby reasonably justifying a limitation or termination of this
Warranty.
5. During Warranty Period, if original use of roof is changed and it becomes used for, but
was not originally specified for, a promenade, work deck, spray-cooled surface, flooded
basin, or other use or service more severe than originally specified, this Warranty shall
become null and void on date of said change, but only to the extent said change affects
work covered by this Warranty.
6. Owner shall promptly notify Roofing Installer of observed, known, or suspected leaks,
defects, or deterioration and shall afford reasonable opportunity for Roofing Installer to
inspect work and to examine evidence of such leaks, defects, or deterioration.
7. This Warranty is recognized to be the only warranty of Roofing Installer on said work
and shall not operate to restrict or cut off Owner from other remedies and resources
lawfully available to Owner in cases of roofing failure. Specifically, this Warranty shall
not operate to relieve Roofing Installer of responsibility for performance of original work
according to requirements of the Contract Documents, regardless of whether Contract
was a contract directly with Owner or a subcontract with Owner's General Contractor.
E. IN WITNESS THEREOF, this instrument has been duly executed this day of
1. Authorized Signature:
2. Name:
3. Title:
BUILT-UP COLD-PROCESS MODIFIED BITUMEN ASPHALT ROOFING
City of Carlsbad
Senior Center