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10.03 concerning the timing and content of any notice of Differing Site Conditions or request for adjustment in Contract Sum or Contract Time based on Differing Site Conditions shall be deemed waiver of any right by the Contractor for an adjustment in the Contract Sum or Contract Time by reason of such conditions.
F. Final Completion. No claim by the Contractor for additional compensation for Differing Site Conditions shall be allowed if asserted after Final Payment.
G. In the event of disagreement between the Contractor and the Director whether the conditions do materially differ or whether a hazardous waste is involved or whether the conditions cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any completion date required by the Contract, but shall proceed with all Work to be performed under the Contract Documents.
H. The Contractor shall retain all rights provided by, and shall be subject to all requirements of, this Contract which pertain to the resolution of disputes and protests.
I. Contractor Responsibility. Except as otherwise provided in this Paragraph 10.03 for Differing Site Conditions, Contractor agrees to solely bear the risk of additional cost and Delay due to concealed or unknown conditions, surface or subsurface, at the Site or in Existing Improvements, without adjustment to the Contract Sum or Contract Time.
10.04 TRAFFIC REGULATION
A. During the performance of the Work the Contractor shall erect and maintain necessary temporary fences, bridges, railings, lights, signals, barriers, or other safeguards as shall be appropriate under the circumstance in his/her judgment for the prevention of accidents; and he/she shall take other precautions as necessary for public safety including, but not limited to, traffic control. Traffic control shall be conducted in accordance with the latest edition of the California Manual on Uniform Traffi c
Control Devices (MUTCD), published by BNi Books, and as directed and approved by the City Engineer.
B. Contractor shall submit at least ten (10) Working Days prior to Work a detailed traffic control plan, that is approved by all agencies having jurisdiction and that conforms to all requirements of the Specifications.
C. No ch
anges or deviations from the approved detailed traffic control plan shall be made, except temporary changes in emergency situations, without prior approval of the City Engineer and all agencies having jurisdiction
.
Contractor shall immediately notify the Director, the City Engineer and the agencies having jurisdiction of occurrences that necessitate modification of the approved traffic control plan.
D. Contractor’s failure to comply with this provision may result in actions as provided in Article 5:
“Suspension or Termination of Contract” of these General Conditions.
10.05 TRAFFIC CONTROL DEVICES
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and as approved by the City Engineer.
1. Portable signals shall not be used unless permission is given in writing by the agency having jurisdiction.
2. Warning signs used for nighttime conditions shall be reflectorized or illuminated. "Reflectorized signs" shall have a reflectorized background and shall conform to the current State of California Department of Transportation specification for reflective sheeting on highway signs.
B. If the C
ontractor fails to provide and install any of the signs or traffic control devices required herby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment.
10.06 EXECUTION
A. The Contractor shall provide written notification to the Police Department, Traffic Bureau (323) 587- 5171, at least two (2) weeks prior to the beginning of construction at any particular location. Notification will include the specific location, project dates, what lanes of the roadway will be closed and when. Also the construction project manager’s name and business phone number and the construction inspector’s name and business phone number.
B. The Contractor shall notify, by telephone, the Police Department, (323) 587-5171 at the completion of any posting of temporary no parking signs. Notification will include the times, dates and locations of the posting. When vehicles must be towed for violation of temporary no parking signs, the person who actually posted the signs, or on-view supervisor of that posting, will be present to answer pertinent questions that may be asked by the parking enforcement officer or police officer towing the vehicles.
C. The Contractor shall notify the Fire Department, on a daily basis during the entire period that construction is in progress whenever roadways are reduced in width or blocked. Notification shall be made to the Fire Dispatch (323) 881-6183 and the Contractor shall provide the information required to identify which roadways would have accessibility problems due to his/her operations. The Contractor shall submit to Fire Department schedule of Work for their use and files.
D. Roads subject to interference from the Work covered by this Contract shall be kept open, and the fences subject to interference shall be kept up by the Contractor until the Work is finished. Except where public roads have been approved for closure, traffic shall be permitted to pass through designated traffic lanes with as little inconvenience and delay as possible.
E. Where alternating one-way traffic has been authorized, the maximum time that traffic will be delayed shall be posted at each end of the one-way traffic section. The maximum delay time shall be approved by the agency having jurisdiction.
F. Contractor shall install temporary traffic markings where required to direct the flow of traffic and shall maintain the traffic markings for the duration of need. Contractor shall remove the markings by abrasive blasting when no longer required.
G. Convenient access to driveways and buildings in the vicinity of Work shall be maintained as much as
possible. Temporary approaches to, and crossing of, intersecting traffic lanes shall be provided and Southland Roofing Inc.
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kept in good condition.
H. When leaving a Work area and entering a roadway carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.
10.07 FLAGGING
A. Contractor shall provide flaggers to control traffic where required by the approved traffic control plan.
1. Flaggers shall perform their duties and shall be provided with the necessary equipment in accordance with the current "Instructions to Flaggers" of the State of California Department of Transportation.
2. Flaggers shall be employed full time on traffic control and shall have no other duties.
10.08PEDESTRIAN CANOPIES OR BARRICADE IMPROVEMENTS
Refer to City of Vernon for requirements for building or access road safety improvements that the Contractor shall construct during construction period. These devices or improvements, as the City deems necessary or prudent, shall be at the expense of the Contractor.
[END OF ARTICLE]
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ARTICLE 11 - INDEMNITY
11.01 INDEMNITY
To the maximum extent permitted by law, the Contractor shall fully indemnify, hold harmless, protect, and defend the City, its officers, employees, agents, representatives and their successors and assigns (“Indemnitees”) from and against any and all demands, liability, loss, suit, claim, action, cause of action, damage, cost, judgment, settlement, decree, arbitration award, stop notice, penalty, loss of revenue, and expense (including any fees of accountants, attorneys, experts or other professionals, and costs of investigation, mediation, arbitration, litigation and appeal), in law or in equity, of every kind and nature whatsoever, arising out of or in connection with, resulting from or related to, or claimed to be arising out of the Work performed by Contractor, or any of its officers, agents, employees, Subcontractors, Sub-Subcontractors, design consultants or any person for whose acts any of them may be liable, regardless of whether such claim, suit or demand is caused, or alleged to be caused, in part, by an Indemnitee, including but not limited to:
A. Bodily injury, emotional injury, sickness or disease, or death to any persons; B. Infringement of any patent rights, licenses, copyrights or intellectual property which may be brough t
against the Contractor or City arising out of Contractor’s Work, for which the Contractor is responsible; C. Stop notices and claims for labor performed or materials used or furnished to be used in the Work, including all incidental or consequential damages resulting to City from such stop notices and claims; D. Failure of Contractor or its Subcontractors to comply with the provisions for insurance; E. Failure to comply with any Governmental Approval or similar authorization or order; F. Misrepresentation, misstatement, or omission with respect to any statement made in or any document furnished by the Contractor in connection therewith;
G. Breach of any duty, obligation, or requirement under the Contract Documents; H. Failure to provide notice to any Party as required under the Contract Documents; I. Failure to protect the property of any utility provider or adjacent property owner; or J. Failure to make payment of all employee benefits.
This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees, except that, to the limited extent mandated by California Civil Code Section 2782, the Contractor shall not be responsible for liabilities which arise from the sole negligence or willful misconduct of Indemnitees or arise from the active negligence of City.
11.02ENFORCEMENT
Contractor’s obligations under this Article extend to claims occurring after termination of the Contractor’s performance of the Contract or Final Payment to Contractor. The obligations apply regardless of any actual or alleged negligent act or omission of Indemnitees. Contractor, however, shall not be obligated under this Agreement to indemnify an Indemnitee for claims arising from the sole active negligence or willful misconduct of the Indemnitee or independent contractors who are directly responsible to Indemnitees. Contractor’s obligations under this Article are in addition to any other rights or remedies which the Indemnitees may have under the law Southland Roofing Inc.
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or under the Contract Documents. In the event of any claim, suit or demand made against any Indemnitees, the City may in its sole discretion reserve, retain or apply any monies due to the Contractor under the Contract for the purpose of resolving such claims; provided, however, that the City may release such funds if the Contractor provides the City with reasonable assurance of protection of the City’s interests. The City shall in its sole discretion determine whether such assurances are reasonable.
11.03NO LIMITATIONS
Contractor’s indemnification and defense obligations set forth in this Article are separate and independent from the insurance provisions set forth in Article 12 herein; and do not limit, in any way, the applicability, scope, or obligations set forth in those insurance provisions. In claims, suits, or demands against any Indemnitee by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, the Contractor’s indemnification and defense obligations shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or a Subcontractor under workers’ compensation acts, disability benefits acts, or other employee benefits acts. [END OF ARTICLE]
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ARTICLE 12 – INSURANCE
12.01 CONDITION TO COMMENCEMENT
Contractor shall not commence Work under this Contract until Contractor has obtained all insurance required hereunder from a company or companies acceptable to City, nor shall the Contractor allow any Subcontractor to commence Work on a subcontract until all insurance required of said Subcontractor has been obtained. Proof of insurance including insurance certificates and endorsements as set forth in Exhibit 4 must be submitted by the Contractor prior to the City’s execution of the Contract.
12.02 MINIMUM COVERAGE AND LIMITS
Contractor shall maintain the insurance coverage as set forth in Exhibit 4 throughout the term of the Contract.
12.03 CONDITIONS REGARDING INSURANCE COVERAGE AND LIMITS City and Contractor agree as follows:
A. All insurance coverage and limits provided pursuant to the Contract Documents shall apply to the full extent of the policies involved, available or applicable. Nothing contained in the Contract Documents or any other agreement relating to City or its operations limits the application of such insurance coverage.
B. None of the policies required by this Contract shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing by the City’s Risk Manager.
12.04 INSURANCE OBLIGATION IS SEPARATE FROM INDEMNITY OBLIGATION This Agreement’s insurance provisions:
A. Are separate and independent from the indemnification and defense provisions in Article 12 of the Agreement; and
B. Do not limit, in any way, the applicability, scope, or obligations of the indemnification and defense provisions in Article 12 of the Agreement.
[END OF ARTICLE]
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13.01 REQUIRED BONDS
ARTICLE 13 – BONDS
A. Contractor shall furnish the following bonds:
1. A Performance Bond in an amount equal to one hundred percent (100%) of the total Contract price in the form shown in Exhibit "1" attached hereto.
2. A Payment Bond (Labor and Material) in an amount equal to one hundred percent (100%) of the total Contract price in the form shown in Exhibit "2" attached hereto.
3. A Maintenance Bond in an amount equal to ten percent (10%) of the total Contract price in the form shown in Exhibit "3" attached hereto.
13.02 POWER OF ATTORNEY
All bonds shall be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety shall be acknowledged by a Notary Public as the signature of the person designated in the power of attorney.
13.03APPROVED SURETY
All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company Financial strength rating of “A: VII”, or better. Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney.
13.04REQUIRED PROVISIONS
Every bond must display the surety’s bond number and incorporate the Contract for construction of the Work by reference. The terms of the bonds shall provide that the surety agrees that no change, extension of time, alteration, or modification of the Contract Documents or the Work to be performed thereunder shall in any way affect its obligations and shall waive notice of any such change, extension of time, alteration, or modification of the Contract Documents.
13.05 NEW OR ADDITIONAL SURETIES
If, during the continuance of the Contract, any of the sureties, in the opinion of the City, are or become nonresponsible or otherwise unacceptable to City, City may require other new or additional sureties, which the Contractor shall furnish to the satisfaction of City within ten (10) days after notice, and in default thereof the Contract may be suspended and the materials may be purchased or the Work completed as provided in Article 5 herein.
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13.06 WAIVER OF MODIFICATIONS AND ALTERATIONS
No modifications or alterations made in the Work to be performed under the Contract or the time of performance shall operate to release any surety from liability on any bond or bonds required to be given herein. Notice of such events shall be waived by the surety.
13.07 APPROVAL O
F BONDS
The Contract will not be executed by City nor the Notice to Proceed issued until the required bonds have been received and approved by City. City's decision as to the acceptability of all sureties and bonds is final. No substitution of the form of the documents will be permitted without the prior written consent of City. [END OF ARTICLE]
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14.01 WORKING HOURS
ARTICLE 14 - LABOR PROVISIONS
A. Work or activity of any kind shall be limited to the hours from 7:00 a.m. to 7:00 p.m. No construction noise shall be permitted between the hours of 7:00 p.m. and 7:00 a.m. of the next day.
B. Work in excess of eight (8) hours per day, on Saturdays, Sundays, or on City holidays requires prior consent of the Director and is subject to Cost of Overtime Construction Inspection.
C. Night, Sunday and Holiday Work. No Work shall be performed at night, Sunday, or the ten (10) legal holidays to wit: New Year’s Day, Martin Luther King, Jr. Day, President’s Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Indigenous People’s Day, Veteran’s Day, Thanksgiving Day, Christmas Eve, Christmas Day and New Year’s Eve, except Work pertaining to the public safety or with the permission of the Director, and accordance with such regulations as he/she shall furnish in writing. Before performing any Work at said times, except Work pertaining to the public safety, the Contractor shall give written notice to the Director so that proper inspection may be provided. “Night” as used in this paragraph shall be deemed to include the hours from 7:00 P.M. to 7:00 A.M. of the next succeeding day.
14.02 COST OF OVERTIME CONSTRUCTION SERVICES AND INSPECTIONS A. Overtime construction Work performed at the option of, or for the convenience of, the Contractor will be inspected by the City at the expense of the Contractor. For any such overtime beyond the regular 8-hour day and for any time worked on Saturday, Sunday, or holidays the charges will be determined by the City, and submitted to the Contractor for payment.
B. Equipment, materials, or services provided by the City, in connection with Contracto r-initiated overtime
construction Work described in Paragraph 14.02(A), will also be at the expense of the Contractor. The charges will be determined by the City, and submitted to the Contractor for payment.
C. There will be no charges to the Cont
ractor for the inspection of overtime Work ordered by the Director or required by the Contract Documents.
14.03 COMPLIANCE WITH STATE LABOR CODE
A. Contractor shall comply with the provisions of the Labor Code of the State of California and any amendments thereof.
1. The time of service of any worker employed upon the Work shall be limited and restricted to eight (8) hours during any one-calendar day, and 40 hours during any one-calendar week.
2. Work performed by employees of the Contractor in excess of eight (8) hours per day, and 40 hours during any one calendar week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay.
3. The Contractor and every Subcontractor shall keep
an accurate record showing the name of and
the actual hours worked each calendar day and each calendar week by each worker employed by him/her in connection with the Work; the record shall be kept open at all reasonable hours to the inspection of the City and to the Division of Labor Standards Enforcement of the State of California.
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4. In the event City deems Contractor is in violation of this Paragraph 14.03, the Contractor shall, as a penalty, forfeit Fifty Dollars ($50.00) for each worker employed in the execution of the Contract by the Contractor or by any Subcontractor for each calendar day for which the employee was underpaid in addition to an amount sufficient to recover underpaid wages. For each subsequent violation, a (one hundred dollar) $100 penalty shall apply for each underpaid employee for each pay period for which the employee was underpaid in addition to an amount sufficient to cover underpaid wages. This subparagraph is effective to the extent it does not directly conflict with th e
overtime penalty provision of California Labor Code Section 558. In the event of such conflict, the California Labor Code governs over this Paragraph 14.03(A)(4).
14.04 WAGE RATES
A. Prevailing Wages
1. Contractor shall comply with the general prevailing rates of per diem wages and the general prevailing rates for holiday and overtime Work in the locality in which the Work is to be performed, for each craft, classification, or type of worker needed to execute the Contract. The Director of the Department of Industrial Relations of the State of California (pursuant to California Labor Code) and the United States Secretary of Labor (pursuant to the Davis-Bacon Act) have determined the general prevailing rates of wages in the locality in which the Work is to be performed. The rates are available from the City at its Public Works Department, which shall be made available to any interested party upon request; or online at www.dir.ca.gov/DLSR/PWD/ .
To the extent that there are any differences in the federal and state prevailing wage rates for similar classifications of labor, the Contractor and its Subcontractors shall pay the highest wage rate.
2. The Contractor shall post a copy of the general prevailing rate of per diem wages at the job site.
3. The Contractor and any Subcontractor under him/her shall pay not less than the specified prevailing rate of wages to all workers employed in the execution of the Contract.
4. The holidays upon which such rates shall be paid shall be all holidays recognized in the collective bargaining Contract applicable to the particular craft, classification, or type of worker employed on the project.
5. The Contractor shall, as a penalty to the State or the City, forfeit not more than Fifty Dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates for the Work or craft in which the worker is employed under the Contract by the Contractor or by any Subcontractor under him. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which such worker was paid less than the stipulated prevailing wage rate shall be paid to such worker by the Contractor.
6. The specified wage rates are minimum rates only and the City will not consider and shall not be liable for any claims for additional compensation made by the Contractor because of payment by him/her of any wage rate in excess of the general prevailing rates. All disputes in regard to the payment of wages in excess of those specified herein shall be adjusted by the Contractor at his/her own expense.
B. Payroll Records
1. Pursuant to California Labor Code Section 1776, the Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, Work Southland Roofing Inc.
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classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the Work. The payroll records shall be certified and shall be available for inspection.
2. The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five (5) Working Days, provide a notice of change in location and address.
3. Upon request by the Director, the Contractor shall provide a copy of the certified payroll records along with a statement of compliance.
14.05 APPRENTICESHIP STANDARDS
A. Compliance with California Labor Code Section 1777.5 requires all public works contractors and subcontractors to:
1. Prior t
o commencing work on a public works contract, submit Contract Award information to the applicable joint apprenticeship committee, including an estimate of the journeyman hours to be performed under the Contract, the number of apprentices to be employed, and the approximate dates the apprentices will be employed. Use Form DAS-140 from the State Department of Industrial Relations. The City reserves the right to require Contractor and Subcontractors to submit a copy of said forms to the City.
2. Employ apprentices for the public work at a ratio of no less than one (1) hour or apprentice work for every five (5) hours or labor performed by a journeyman. To request dispatch of apprentices, use Form DAS-142 from the State Department of Industrial Relations. The City reserves the right to require Contractor and Subcontractors to submit a copy of said forms to the City.
3. Pay the apprentice rate on public works projects only to those apprentices who are registered, as defined in Labor Code Section 3077.
4. Contribute to the training fund in the amount identified in the Prevailing Wage Rate publication for journeyman and apprentices. Contractors who choose not to contribute to the local training trust fund must make their contributions to the California Apprenticeship Council, P.O. Box 420603, San Francisco, CA 94142
.
B. Failure to comply with the provisions of California Labor Code Section 1777.5 may result in the loss of the right to bid or perform work on all public works projects for a period of one to three years and the imposition of a civil penalty of One Hundred Dollars ($100.00) for each calendar day of noncompliance for the first violation and up to Three Hundred Dollars ($300.00) for each calendar day of noncompliance for a second or subsequent violation. Contractor should make a separate copy of this material for each of his/her Subcontractors.
C. Payroll Records. The Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman apprentice, worker or other employee employed in connection with the work. The payroll records shall be certified and shall be submitted to the Project Manager every two weeks.
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D. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the Contract or Subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26 from the State Department of Industrial Relations) shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributions. The form must contain, for each worker classification, the fund, plan or trust name, address, administrator, the amount per hour contribute d
and the frequency of contributions. Training fund contributions shall also be reported in this form.
City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City.
14.06 EMPLOYMENT OF APPRENTICES
A. In the performance of this Contract, the Contractor and any Subcontractor shall comply with the provisions concerning the employment of apprentices in the Labor Code of the State of California and any amendments thereof
.
B. In the event the Contractor or any Subcontractor willfully fails to comply with the aforesaid provisions of the Labor Code, such Contractor or Subcontractor shall be subject to the penalties for noncompliance in the Labor Code of the State of California and any amendments thereof.
14.07REGISTRATION WITH THE STATE DEPARTMENT OF INDUSTRIAL RELATIONS In the performance of this Contract, Contractor and/or any Subcontractor must be currently registered and qualified (including payment of any required fee) with the State Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the State Department of Industrial Relations.
14.08 CHARACTER OF WORKERS
The Contractor shall not allow his/her agents or employees, Subcontractors, or any agent or employee thereof, to trespass on premises or lands in the vicinity of the Work. Only skilled supervisors and workers shall be employed on Work requiring special qualifications, and when required by the Director, the Contractor shall discharge any person who commits trespass, or in the opinion of the Director, acts in a disorderly, dangerous, insubordinate, incompetent, or otherwise objectionable manner. Any employee being intoxicated or bringing or having intoxicating liquors or controlled substances on the Work shall be discharged. Such discharge shall not be the basis of any claim for compensation of damages against the City or any of its officers, agents, and employees.
14.09 NO SMOKING – STATE LABOR CODE SECTION 6404.5
The Contractor and its agents, employees, Subcontractors, representatives, and any person under Contractor’s control, are prohibited from smoking in— or within a 20-foot distance from— the Site, which is a "place of employment" under California Labor Code § 6404.5. [END OF ARTICLE]
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ARTICLE 15 - DISPUTE RESOLUTION
15.01 SUBMISSION OF CLAIMS
A. By Contractor
Contractor’s right to commence the Claims Dispute Resolution Process shall arise upon the Director’s written response denying all or part of a Claim. Contractor shall submit a written Statement of Dispute to the Director within seven (7) Days after the Director rejects all or a portion of Contractor’s Claim.
Contractor’s Statement of Dispute shall be signed under penalty of perjury and shall state with specificity the events or circumstances giving rise to the Claim, the dates of their occurrence and the effect, if any, on the compensation due or performance obligations of Contractor under the Construction Contract. Such Statement of Dispute shall include adequate supporting data to substantiate the disputed Claim. Adequate supporting data for a Claim relating to the adjustment of the Contractor’s obligations relative to time of performance shall include a detailed, event-by-event description of the impact of each delay on Contractor’s time for performance. Adequate supporting data to a Statement of Dispute submitted by Contractor involving Contractor’s compensation shall include a detailed cost breakdown and supporting cost data in such form and including such detailed information and other supporting data as required to demonstrate the grounds for, and precise amount of, the Claim.
B. By C
ity
City’s right to commence the Claims Dispute Resolution Process shall arise at any time following the City’s actual discovery of the circumstances giving rise to the Claim. Nothing contained herein shall preclude City from asserting Claims in response to a Claim asserted by Contractor. A Statement of Dispute submitted by City shall state the events or circumstances giving rise to the Claim, the dates of their occurrence and the damages or other relief claimed by City as a result of such events.
C. Claims Defined
The term “claims” as used herein shall be as defined in California Public Contract Code § 9204(c)(1).
15.02 CLAIMS DISPUTE RESOLUTION PROCESS
The parties shall utilize each of the following steps in the Claims Dispute Resolution Process in the sequence they appear below. Each party shall participate fully and in good faith in each step in the Claims Dispute Resolution Process, which good faith effort shall be a condition precedent to the right of each party to proceed to the next step in the Claims Dispute Resolution Process.
A.Direct Negotiations
Designated representatives of City and Contractor shall meet as soon as possible (but not later than ten (10) Days after receipt of the Statement of Dispute) in a good faith effort to negotiate a resolution to the Claim. Each party shall be represented in such negotiations by an authorized representative with full knowledge of the details of the Claim or defenses being asserted by such party, and with full authority to resolve such Claim then and there, subject only to City’s right and obligation to obtain City Council [or other City official] approval of any agreed settlement or resolution. In the Claim involves the assertion of a right or claim by a Subcontractor against Contractor that is in turn being asserted by Contractor against City, then such Subcontractor shall also have a representative attend such negotiations, with the same authority and knowledge as just described. Upon completion of the meeting, if the Claim is not resolved, the parties may either continue the negotiations or either party may declare negotiations ended. All discussions that occur during such negotiations and all documents Southland Roofing Inc.
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prepared solely for the purpose of such negotiations shall be confidential and privileged pursuant to California Evidence Code Sections 1119 and 1152.
B. Deferral of Claims
Following the completion of the negotiations required by Paragraph 15.02-A., all unresolved Claims, except those that do not involve parties other than the Contractor and City, shall be deferred pending Final Completion of the Work, subject to City’s right, in its sole and absolute discretion, to require that the claims Dispute Resolution Process proceed prior to Final Completion. In the event that City does not elect to proceed with the Claims Dispute Resolution Process prior to Final Completion of the Work, all Claims that have been deferred until such Final Completion shall be consolidated within a reasonable time after such Final Completion and thereafter pursued to resolution pursuant to the Claims Dispute Resolution Process. Nothing contained in this Article 15 shall be interpreted as limiting the parties’ rights to continue informal negotiations of Claims that have been deferred until such Final Completion; provided, however, that such informal negotiations shall not be interpreted as altering the provisions of this Article 15 deferring final determination and resolution of unresolved Claims until after Final Completion of the Work.
C. Required Provisions On Contract Claim Resolution Under California Law If a Claim is not resolved by the steps described in this Article 15(A) and 15(B), Public Contract Code Section 9204 specifies required provisions on resolving contract Claims of any size, and Public Contract Code Section 20104, et seq., specifies required provisions on resolving contract Claims less than $375,000. Those statutes constitute a part of this Contract. In the event any other Contract provisio n
violates such statutes, the applicable statute controls. Public Contract Code Section 9204 provides: For the purposes of this section, “Claim” means a separate demand by Contractor for (1) a time extension, (2) payment or money or damages arising from Work done by or on behalf of Contractor arising under the contract documents and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (3) an amount the payment of which is disputed by the City.
Upon receipt of a Claim the City shall conduct a reasonable review of the Claim and within 45 days, or if the City’s governing body must approve the City’s response to the Claim and the governing body has not met within the 45 days, then within three (3) days of the Agency’s meeting, shall provide Contractor with a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Should the City take no action on the Claim within 45 days of submission, it shall be deemed denied
.
If the Contractor disputes the City’s response to its Claim, including a failure to respond, it may submit via registered mail or certified mail, return receipt requested, a written demand for an informal conference to meet and confer for settlement of the issues in dispute. The City shall schedule such a meet and confer conference within 30 days for settlement of the dispute. Within ten (10) days of the meet and confer conference the City shall provide Contractor with a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed. If the Contractor disputes the City’s statement, it shall inform the City and they shall mutually agree to a mediator within 10 business days of the written statement. The City s
hall pay the undisputed portions of the Claim within 60 days of the issuance of a written statement identifying an undisputed portion.
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Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the Claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the Claim. Each party shall bear the fees an d
costs charged by its respective mediator in connection with the selection of the neutral mediator.
If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to applicable procedures outside this section.
For Claims under $375,000, unless the parties agree otherwise in writing, mediation pursuant to these provisions shall excuse the mediation obligation under Public Contracting Code section 20104.4(a).
The parties may mutually agree, in writing, to waive the mediation requirements of this subsection and proceed to the commencement of a civil action.
Failure by the City to respond to a Claim from Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the Claim being deemed rejected in its entirety. A Claim that is denied by reason of the City’s failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the Contractor.
Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
If a Subcontractor or a lower tier subcontractor lacks legal standing to assert a Claim against the City because privity of contract does not exist, the Contractor may present to the City a Claim on behalf of a Subcontractor or lower tier subcontractor. A Subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a Claim for work which was performed by the Subcontractor or by a lower tier subcontractor on behalf of the Subcontractor. The Subcontractor requesting that the Claim be presented to the public entity shall furnish reasonable documentation to support the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the Subcontractor in writing as to whether the Contractor presented the Claim to the City and, if the original Contractor did not present the Claim, provide the Subcontractor with a statement of the reasons for not having done so. Nothing in this section shall impose liability upon the City that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations
.
Public Contract Code Section 20104, et seq., provides: For the purposes of this section, “Claim” means a separate demand by Contractor of $375,000 or less for (1) a time extension, (2) payment or money or damages arising from Work done by or on behalf of Contractor arising under the Contract Documents and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (3) an amount the payment of which is disputed by the City. Claims that together total more than $375,000 do not qualify as a “separate demand of $375,000 or less,” and are not subject to this section.
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A voucher, invoice, payment application, or other routine or authorized form of request for payment is not a Claim for purposes of this section. If such request is disputed as to liability or amount, then the disputed portion of the submission may be converted to a Claim under this section by submitting a separate Claim in compliance with Contract Documents Claim submission requirements.
Caution. This section does not apply to tort Claims, and nothing in this section is intended nor shall be construed to change the time periods for filing tort Claims or actions specified by Chapter 1 and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the California Government Code. The Claim must be in writing, submitted in compliance with all requirements of the Contract Documents.
For Claims of fifty thousand dollars ($50,000) or less, the City shall respond in writing within fortyfive (45) days of receipt of the Claim, or the City may request in writing within thirty (30) days of receipt of the Claim, any additional documentation supporting the Claim or relating to any defenses or Claims the City may have against claimant. If additional information is thereafter required, it shall be requested and provided in accordance with this section upon mutual agreement of the City and claimant. The City’s written response to the Claim, as further documented, shall be submitted to claimant within fifteen (15) days after receipt of further documentation or within a period of time no greater than taken by claimant in producing the additional information, whichever is greater. For Claims over Fifty Thousand Dollars ($50,000) and less than or equal to $375,000: the City shall respond in writing within sixty (60) days of receipt of the Claim, or the City may request in writing within thirty (30) days of receipt of the Claim, any additional documentation supporting the Claim or relating to any defenses or Claims the City may have against claimant. If additional information is thereafter required, it shall be requested and provided in accordance with this section, upon mutual agreement of the City and claimant; the City’s written response to the Claim, as further documented, shall be submitted to claimant within thirty (30) days after receipt of further documentation or within a period of time no greater than taken by claimant in producing the additional information, whichever is greater.
Meet and Confer: If claimant disputes the City’s written response, or the City fails to respond within the time prescribed above, claimant shall notify the City, in writing, either within fifteen (15) days of receipt of the City’s response or within fifteen (15) days of the City’s failure to timely respond, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon demand the City will schedule a meet and confer conference within thirty (30) days for settlement of the dispute.
Following the meet and confer conference described herein, if the Claim or any portion remains in dispute, 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 California 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 claimant submits its written Claim as set forth herein, 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.
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D. Legal Proceedings
If the Claim is not resolved by the procedures described in this Article 15 (A), 15 (B) and 15 (C) above, then the party wishing to further pursue resolution or determination of the Claim may submit the Claim for determination by commencing legal proceedings in a court of competent jurisdiction.
15.03 NO WAIVER
Participation in the Claims Dispute Resolution Process shall not constitute a waiver, release or compromise of any defense of either party, including, without limitation, any defense based on the assertion that the rights of Contractor that are the basis of a Claim were previously waived by Contractor due to failure to comply with the Contract Documents, including, without limitation, Contractor’s failure to comply with any time periods for providing notices or for submission or supporting documentation of Claims. [END OF ARTICLE]
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ARTICLE 16 - ACCOUNTING RECORDS
16.01 MAINTENANCE OF RECORDS
Contractor shall keep, and shall include in its contracts with its Subcontractors, provisions requiring its Subcontractors to keep full and detailed books and records in accordance with the requirements of the Contract Documents, including the following: all information, materials and data of every kind and character (hard copy, as well as computer readable data if it exists), that have any bearing on or pertain to any matters, rights, duties or obligations relating to the Project or the performance of the Work, including, without limitation, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, change orders, change order requests, estimates, field orders, schedules, diaries, logs, reports, shop drawings, samples, exemplars, Drawings, Specifications, invoices, delivery tickets, receipts, vouchers, cancelled checks, memoranda; accounting records; job cost reports; job cost files (including complete documentation covering negotiated settlements); backcharge; general ledgers; documentation of cash and trade discounts earned; insurance rebates and dividends, and other documents relating in way to Claims or Change Orders, Construction Change Directives, Work Directives, or other claims for payment related to the Project asserted by Contractor or any Subcontractor (“Accounting Records”). Contractor shall exercise such controls as may be necessary for proper financial management of the Work. Such accounting and control systems shall comply with prevailing custom and practice for similar projects, be satisfactory to City and shall include preservation of such records for a period of five (5) years after approval of the Notice of Completion and Acceptance by City, or for such longer period as may be required by applicable laws.
16.02 ACCESS TO R
ECORDS
Contractor shall allow, and shall include in its contracts with its Subcontractors provisions requiring its Subcontractors to allow, City and its authorized representative(s), auditors, attorneys and accountants, upon twenty-four (24) hours notice to Contractor, full access to inspect and copy all books and records relating to the Project that Contractor is required to maintain pursuant to Paragraph 16.01, above.
16.03CONTRACTOR NONCOMPLIANCE, WITHHOLDING
Contractor's compliance with Paragraphs 16.01 and 16.02, above, shall be a condition precedent to maintenance of any legal action or arbitration by Contractor against City. In addition to and without limitation upon City's other rights and remedies for breach, including any other provisions for withholding set forth in the Contract Documents, City shall have the right, exercised in its sole discretion, to withhold from any payment to Contractor due under a current Application for Payment an additional sum of up to ten percent (10%) of the total amount set forth in such Application for Payment, until Contractor and its Subcontractors have complied with any outstanding and unsatisfied request by City under this Article 16. Upon such compliance with this Article 16, any additional monies withheld pursuant to this Paragraph 16.03 shall be released to Contractor.
16.04SPECIFIC ENFORCEMENT BY CITY
Contractor agrees that any failure by Contractor or any Subcontractor to provide access to its books and records as required by this Article 16 shall be specifically enforceable, by issuance of a preliminary and/or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court and without the necessity of oral testimony, to compel Contractor to permit access, inspection, audits and/or reproduction of such books and records or to require delivery of such books and records to City for inspection, audit and/or reproduction.
[END OF ARTICLE]
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ARTICLE 17-MISCELLANEOUS PROVISIONS
17.01 COMPLIANCE WITH APPLICABLE LAWS
A. Notices, Compliance
Contractor shall give all notices required by governmental authorities and comply with all applicable laws and lawful orders of governmental authorities, including but not limited to the provisions of the California Code of Regulations applicable to contractors performing construction and all laws, ordinances, rules, regulations and lawful orders relating to safety, prevailing wage and equa l
employment opportunities.
B. Taxes, Employee Benefits
Contractor shall pay at its own expense, at no cost to the City and without adjustment to the Contract Sum, all local, state and federal taxes, including, without limitation all sales, consumer, business license, use and similar taxes on materials, labor or other items furnished for the Work or portions thereof provided by Contractor or Subcontractors, all taxes arising out of its operations under the Contract Documents and all benefits, insurance, taxes and contributions for social security and unemployment insurance which are measured by wages, salaries or other remuneration paid to Contractor's employees. If under federal excise tax law any transaction hereunder constitutes a sale on which a federal excise tax is imposed and the sale is exempt from such excise tax because it is a sale for its exclusive use, then City, upon request, will execute documents necessary to show that is a political subdivision of the State for the purposes of such exemption and that the sale is for the exclusive use of the City, in which case no excise tax for such materials shall be included in the Bid or Contract Sum.
C.Notice of Violations
Contractor shall immediately notify the City and Director in writing of any instruction received from the City, Director, Architect or other person or entity that, if implemented, would cause a violation of any applicable law or lawful order of a governmental authority. If Contractor fails to provide such notice, then Director shall be entitled to assume that such instruction is in compliance with applicable laws and lawful orders of governmental authorities. If Contractor observes that any portion of the Drawings and Specifications or Work are at variance with applicable laws or lawful orders of governmental authorities, or should Contractor become aware of conditions not covered by the Contract Documents which will result in Work being at variance therewith, Contractor shall promptly notify Director in writing. If, without such notice to Director, Contractor or any Subcontractor performs any Work which it knew, or through the exercise of reasonable care should have known, was contrary to lawful orders of governmental authorities or applicable laws, then Contractor shall bear all resulting losses at its own expense, at no cost to City and without adjustment to the Contract Sum.
17.02 OWNER
SHIP OF DESIGN DOCUMENTS
A. Property of City
All Design Documents, Contract Documents and Submittals (including, without limitation, all copies thereof) and all designs and building designs depicted therein are and shall remain the sole and exclusive property of the City and the City shall solely and exclusively hold all copyrights thereto.
Without derogation the City’s rights under this Paragraph, the Contractor and Subcontractors are Southland Roofing Inc.
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granted a limited, non-exclusive license, revocable at will of City, to use and reproduce applicable portions of the Contract Documents and Submittals as appropriate to and for use in the execution of the Work and for no other purpose.
B. Documents on Site
Contractor shall keep on the Project site, at all times and for use by City, Director, Inspectors of Record and City’s Consultants, a complete set of the Contract Documents that have been approved by applicable Governmental Authorities.
C. Delivery to City
All Design Documents, Contract Documents and Submittals in the possession of Contractor or Subcontractors shall be returned to the City upon the earlier of Final Completion or termination of the Construction Contract; provided, however, that Contractor and each Subcontractor shall have the right to retain one (1) copy of the Contract Documents and Submittals for its permanent records.
D. Subcontractors
Contractor shall take all necessary steps to assure that a provision is included in all subcontracts with Subcontractors, of every tier, who perform Work on the Project establishing, protecting and preserving the, City’s rights set forth in this Paragraph.
17.03 AMENDMENTS
The Contract Documents may be amended only by a written instrument duly executed by the parties or their respective successors or assigns.
17.04 WAIVER
Either party's waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of the Contract Documents at any time shall not in any way limit or waive that party's right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision, any course of dealing or custom of the trade notwithstanding. Furthermore, if the parties make and implement any interpretation of the Contract Documents without documenting such interpretation by an instrument in writing signed by both parties, such interpretation and implementation thereof will not be binding in the event of any future disputes.
17.05 INDEPENDENT CONTRACTOR
Contractor is an independent contractor, and nothing contained in the Contract Documents shall be construed as constituting any relationship with City other than that of Project owner and independent contractor. In no event shall the relationship between City and Contractor be construed as creating any relationship whatsoever between City and Contractor's employees. Neither Contractor nor any of its employees is or shall be deemed to be an employee of City. Except as otherwise specified in the Contract Documents, Contractor has sole authority and responsibility to employ, discharge and otherwise control its employees and has complete and sole responsibility as a principal for its agents, for all Subcontractors and for all other Persons that Contractor or any Subcontractor hires to perform or assist in performing the Work.
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17.06 SUCCESSORS AND ASSIGNS
The Contract Documents shall be binding upon and inure to the benefit of City and Contractor and their permitted successors, assigns and legal representatives.
A. City may assign all or part of its right, title and interest in and to any Contract Documents, including rights with respect to the Payment and Performance Bonds, to (a) any other governmental person as permitted by governmental rules, provided that the successor or assignee has assumed all of City's obligations, duties and liabilities under the Contract Document then in effect; and (b) any other Person with the prior written approval of Contractor.
B. Contractor may collaterally assign its rights to receive payment under the Contract Documents.
Contractor may not delegate any of its duties hereunder, except to Subcontractors as expressly otherwise permitted in the Contract Documents. Contractor's assignment or delegation of any of its Work under the Contract Documents shall be ineffective to relieve Contractor of its responsibility for the Work assigned or delegated, unless City, in its sole discretion, has approved such relief from responsibility.
Any assignment of money shall be subject to all proper set-offs and withholdings in favor of City and to all deductions provided for in the Contract. All money withheld, whether assigned or not, shall be subject to being used by City for completion of the Work, should Contractor be in default.
C. Except for the limited circumstances set forth in Paragraph 17.06-B, above, Contractor may not, without the prior written consent of City in its sole discretion, voluntarily or involuntarily assign, convey, transfer, pledge, mortgage or otherwise encumber its rights or interests under the Contract Documents. No partner, joint venturer, member or shareholder of Contractor may assign, convey, transfer, pledge, mortgage or otherwise encumber its ownership interest in Contractor without the prior written consent of City, in City’s sole discretion.
17.07 SURVIVAL
Contractor’s representations and warranties, the dispute resolution provisions contained in Article 15, and all other provisions which by their inherent character should survive termination of the Contract and/or Final Acceptance, shall survive the termination of the Contract and the Final Acceptance Date.
17.08 LIMITATION ON THIRD PARTY BENEFICIARIES
It is not intended by any of the provisions of the Contract Documents to create any third party beneficiary hereunder or to authorize anyone not a party hereto to maintain a suit for personal injury or property damage pursuant to the terms or provisions hereof, except to the extent that specific provisions (such as the warranty and indemnity provisions) identify third parties and state that they are entitled to benefits hereunder. The duties, obligations and responsibilities of the parties to the Contract Documents with respect to such third parties shall remain as imposed by law. The Contract Documents shall not be construed to create a contractual relationship of any kind between City and a Subcontractor or any other Person except Contractor.
17.09 PERSONAL LIABILITY OF CITY EMPLOYEES
City’s authorized representatives are acting solely as agents and representatives of City when carrying out the provisions of or exercising the power or authority granted to them under the Contract. They shall not be liable either personally or as employees of City for actions in their ordinary course of employment.
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No agent, consultant, Council member, officer or authorized employee of City, shall be personally responsible for any liability arising under the Contract.
17.10 NO ESTOPPEL
City shall not, nor shall any officer thereof, be precluded or estopped by any measurement, estimate or certificate made or given by the City representative or other officer, agent, or employee of City under any provisions of the Contract from at any time (either before or after the final completion and acceptance of the Work and payment therefor) pursuant to any such measurement, estimate or certificate showing the true and correct amount and character of the work done, and materials furnished by Contractor or any person under the Contract or from showing at any time that any such measurement, estimate or certificate is untrue and incorrect, or improperly made in any particular, or that the work and materials, or any part thereof, do not in fact conform to the Contract Documents. Notwithstanding any such measurement, estimate or certificate, or payment made in accordance therewith, City shall not be precluded or estopped from recovering from Contractor and its Sureties such damages as City may sustain by reason of Contractor’s failure to comply or to have complied with the Contract Documents.
17.11 GOVERNING L
AW
The laws of the State of California govern the construction and interpretation of the Contract Documents, without regard to conflict of law principles. Unless the Contract Documents provide otherwise, any reference to laws, ordinances, rules, or regulations include their later amendment, modifications, and successor legislation. If Contractor or City brings a lawsuit to enforce or interpret one or more provisions of the Contract Documents, jurisdiction is in the Superior Court of the County of Los Angeles, California, or where otherwise appropriate, in the United States District Court, Central District of California. Contractor and City acknowledge that the Contract Documents were negotiated, entered into, and executed—and the Work was performed—in the City of Vernon, California.
17.12 FURTHER ASS
URANCES
Contractor shall promptly execute and deliver to City all such instruments and other documents and assurances as are reasonably requested by City to further evidence the obligations of Contractor hereunder, including assurances regarding assignments of Subcontractors contained herein.
17.13 SEVERABILITY
If any clause, provision, section, paragraph or part of the Contract is ruled invalid by a court having proper jurisdiction, then the parties shall: (a) promptly meet and negotiate a substitute for such clause, provision, section, paragraph or part, which shall, to the greatest extent legally permissible, effect the original intent of the parties, including an equitable adjustment to the Contract Price to account for any change in the Work resulting from such invalidated portion; and (b) if necessary or desirable, apply to the court or other decision maker (as applicable) which declared such invalidity for an interpretation of the invalidated portion to guide the negotiations. The invalidity or unenforceability of any such clause, provision, section, paragraph or part shall not affect the validity or enforceability of the balance of the Contract, which shall be construed and enforced as if the Contract did not contain such invalid or unenforceable clause, provision, section, paragraph or part.
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17.14 HEADINGS
The captions of the sections of the Contract are for convenience only and shall not be deemed part of the Contract or considered in construing the Contract.
17.15 ENTIRE AGREEMENT
The Contract Documents contain the entire understanding of the parties with respect to the subject matter hereof and supersede all prior agreements, understandings, statements, representations and negotiations between the parties with respect to its subject matter.
17.16 COUNTERPARTS
This instrument may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [END OF ARTICLE]
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EXHIBIT 1
Bond No.:
10081
4 1
6 4
Premium Amount: $_7_. 4_
o7_
.oo ____ _
Bond's Effective Date: November 29, 2023
PERFORMANCE BOND
1. The City of Vernon, California ("City"), has awarded to S outhland Roofing, Inc.
RECITALS:
(Name, address, and telephone of Contractor)
1_ __45_S_ou_t_h_F_ai_rfax__A
v_
e_
#__2_0_0 .:...., _Lo__sA_n_,g"-e
l_e_ s...:..., _C
A_ 9__0 _036 ____ 31
0__-9_ 0_3
-_05__36 _______ ("Principal"), a Contact
(the "Contract) for the Work described as
follows:
Specification No.
2 024003
8:
_c_
ity_H_a_
ll_R_
oo_f_Re_p_la_ce_m_e_nt ___
___
___
___
in Vernon, CA.
2. Principal is required under the terms of the Contract and all contract documents referenced in it ("Contract Documents") to furnish a bond guaranteeing Principal's faithful performance of the Work.
3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this Bond and made a part of it by this reference.
OBLIGATION:
THEREFORE, for value received, We, Principal and A meri can Cont
ractors Indemnity Compan y
(Name, address, and telephone of Surety)
__os_ 1_s . _
F_
g
i__u e__roa
s_
t__re_e_t, _#7_o_o_, L_os _A__ng_e_le_ s, _c_A_9o_o _1_7 __ 3_1 o_-_64 9__-o_9_9o ___________ ("Surety"), a duly
admitted surety insurer under California's laws, agree as follow: s By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators, successors, and assigns to pay City the penal sum of Fo
ur Hundred Elev
e
n Thousand Five h
undr
ed & 00/1 oo
_
_______
_
_________ Dollars ($411,500.00 ) ("the Bonded Sum"), this amount comprising not less than the total Contract Sum, in lawful money of the United States of America.
The Licensed Agent for Surety is:
Orr & Associates Insurance Services 28780 Single Oak Drive Suite 255, Temecul a, CA 92590 909-806-0884 (Name, address, and telephone)
Registered Agent's California Department of Insurance License No. _ ___ _
THE CONDITION OF THIS BOND'S OBLIGATION IS THAT, if Principal promptly and faithfully performs the undertakings, terms, covenants, conditions, and agreements in the Contract and Contract Documents (including all their amendments and supplements), all within the time and in the manner that those documents specify, then this obligation becomes null and void. Otherwise, this Bond remains in full force and effect, and the following terms and conditions apply to this Bond:
1. This Bond specifically guarantees Principal's performance of each obligation and all obligations under the Contract and Contract Documents, as they may be amended and supplemented including, but not limited to, Principal's liability for liquidated damages, Warranties, Guarantees, Correction, and Maintenance obligations as specified in the Contract and Contract Southland Roofing Inc.
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Documents except that Surety's total obligation, as described here, will not exceed the Bonded Sum.
2. For those obligations of Princ::ipal that survive Final Completion of the Work described in the Contract and Contract Documents, the guarantees In this Bond also survive Final Completion of the Work.
3. When City declares that Principal is in default under the Contract, or Contract Documents, or both, Surety shall promptly: (a) remedy the default; (b) complete the Project according to the Contract Documents' terms and conditions then in effect; or (c) using a proc::urement methodology approved by City, select a contractor or contractors acceptable to City to complete all of the Work, and arrange for a contract between the contractor(s) and City. Surety shall make available, as the Work progresses, sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal underthe Contract and Contract Documents including other costs and damages for which Surety is liable under this Bond except that Surety's total obligation, as described here, will not exceed the Bonded Sum.
4. An alteration, modification, change, addttlon, deletion, omission, agreement, or supplement to the Contract, Contract Documents, or the nature of the Work performed under the Contract or Contract Documents including, without limitation, an extension of time for performance does not, in any way, affect Surety's obligations under this Bernd. Surety waives any notice of alteration, modification, change, addition, deletion, omission, agreement, supplement, or extension of time.
5. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's guaranteeing Principal's faithful performance of the Work.
6. No right of action accrues on this Bond to any entity other than City or its successors and assigns.
7. If an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay in addition to the Bonded Sum City's reasonable attorneys' fees and litigation costs, in an amount the court fixes.
8. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason.
Signatures to this E-xhib1t 1, Per:formance Bond, Begin on Next Page] Southland Roofing Inc.
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On the date set forth below, Principal and Surety duly executed this Petferrnance 8(;)n , with the name of each party appearing below and signed by its representative(s) under the authority of its governing body.
Date: February 16, 2024
PRINCIPAL:
Southland Roofing, Inc.
(Company Name)
(Signature)
B
y: _____________ _
(Name and Title)
Address for Serving Notices or Other Documents:
CORPORA TE SEAL
• THIS BOND MUST BE EXECUTED IN TRIPLICATE.
SURETY:
American Contractors Indemnity Company
mpa Name)
(Signature)
B
y: Nhung H. Saephan, Attorney-in-Fact
(Name and Title)
Address for Serving Notices or Other Documents:
801 S. Figueroa Street, #700
Los Angeles, CA 90017
CORPORA TE SEAL
■ EVIDENCE MUSTBE A TT ACHED OF THE AUTHORl7Y OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT. • THE ATTORNEY-IN-FACTS SIGNATURE MUST BE NOTARIZED. • A CORPORA TE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A
CORPORATION.
APPROVED AS TO SURETY AND
AMOUNT OF
BONDED SUM:
By: _____________ _
Daniel Wall, Director of Public Works
APPROVED AS TO FORM: By: _____________ _
Zaynah N. Moussa, City Attorney
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BOND ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ------
FOR
SURETY'S ATTORNEY-IN-FACT
) ss
)
On this ___ day of
_
_
_____ , 20 __ ,
before me, _____________ {name), a Notary Public for said County, personally appeared (name), who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of _______________ , and acknowledged to me that he/she subscribed the name of _______________ thereto as principal, and his/he own name as attorney in fact.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Notary Public
SEAL
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF SACRAMENTO }
On-Z/ l(p / 1.,,()�l{ before me , KATY TAYLOR Notary Public, date f -----'-=-(..:...he=--re=--,-:-in.:...;se"-'-rt=n=am.:..:e_) ________ _ personally appeared
-------'-N"'--H-'--"U'-'-N.:...:G�H
_,_. =S
'-'AEP ='--'""""HA-'-"N--'--___________ _
*************************************************
who proved to me on the basis of satisfactory evidence to be the person(-s-) whose name(s-) is/are subscribed to the within instrument and acknowledged to me that l=le/she/tl:lay executed the same in his/her/tAeir authorized capacity(ies➔, and that by his/her/their signature(� on the instrument the person(s-), or the entity upon behalf of which the person(s, acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
__________ OPTIONAL INFORMATION _________ _
Descri
ption of Attached Document
Title or T
y
pe of Document: ____
_
_
_
_____ Number of Pa
ges: __ _
Document Date: ________ Othe
r: ______
_______
_
_
_
_
__ _
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EXHIBIT 2
Bond No.: 100814164
Premium Amount: $ lnciu
d
ed in performance bond
Bond's Effective Date: November
2 9
, 2023
PAYMENT BOND
(LABOR AND MATERIALS)
RECITALS:
1. The City of
Vernon, California ("City''), has awarded to
S ou
thl
and
Roofin
g
, Inc.
(Name, address, and telephone of Design-Builder)
_1_45_S_o_u_th_F_ai_rfa_x_A_ve_#_2
0_0_, _Los__ A_ng_e_le_s
C,__A_ 9
oo_ _ 36 __ _ 31
0__-9_03_-0_5_
36 _
_
________
__
(
"Principal
"),
a
Contract (the "Contract") for the Work described as
follows:
Specification No.
20240
038:
_c_;1y
H_a_11_R_oo__f
R__ep
I_ace _m_e__nt ___
___
___
____ in Vernon, CA.
2. Principal is required under California Civil Code Sections 9550-9566 and the terms of the Contract and all contract ilocuments referenced in it ('Contract Documents
") to furnish a bond guaranteeing Principal's paying claims, demands, liens, or suits for any work, labor, services, materials, or equipment furnished or used in the Work.
3. The Contract and Contract Documents, including all their amendments and supplements, are incorporated into this Bond and made a part of it by this reference.
OBLIGATION:
THEREFORE, for value received, We, Principal and Ameir can Contractors Indemnity Company (Name, address, and telephone of Surety)
_a_o1 _s_._F_ig_u e_ro_a_S_
tre_e
t_, _#_1_00_, L_o_s _A _ng_el_es_,_c_A _90_0_11 __ 31_0_-G_49_-o_ 9_9o ________ _
______
(
"Surety
"
), a duly
admitted surety insurer under California's laws, agree as follows:
By this Bond, We jointly and severally obligate and bind ourselves, and our respective heirs, executors, administrators, successors, and assigns to pay City the penal sum of Fou r Hund
red
E
leven Thou
s
and
Five hundr e
d & 001
100
__
_
____________
____ Dollars
($ 411,soo
.oo ) ("the Bonded Sum"), this amount
comprising not less than the total Contract Sum, in lawful money of the United States of America.
The Licensed Agent for Surety is:
Orr & Associates Insurance Services 28
780
S
i
ngle Oak Drive Suite 255, Temecula, CA 92590 909-806-0884 (Name, address, and telephone)
Registered Agent's California Department of Insurance License No. ___ ___ _
THE CONDITION OF THIS BOND'S OBLIGATION IS THAT, if Principal or a subcontractor fails to pay (a) any person named in California Civil Code Section 9100, or any successor legislation; (b) any amount due under California's Unemployment Insurance Code, or any successor legislation, for work or labor performed under the Contract or Contract Documents; or (c) any amount under Unemployment Insurance Code Section 13020, or any successor legislatlon, that Principal or a subcontractor must deduct, withhold, and pay over to the Employment Development Department from the wages of its employees, for work or labor performed under the Contract or Contract Documents, then Surety shall pay for the same in an amount not-to-exceed the Bonded Sum.
Otherwise, 111is obligation becomes null and void. While this Bond remains in full force and effect, the following terms and conditions apply to this Bond:
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1. This Bond inures to the benefit of any of the persons named in California Civil Code Section 3181, or any successor legislation, giving those persons or their assigns a right of action in any suit brought upon this Bond, unless California Civil Code Section 3267, or any successor legislation, applies.
2. An alteration, modification, change, addition, deletion, omission, agreement, or supplement to the Contract, Contract Documents, or the nature of the Work performed under the Contract or Contract Documents Including, without limitation, an extension of time for performance does not, in any way, affect Surety's obligations under this Bond. Surety waives any notice of alteration, modification, change, addition, deletion, omission, agreement. supplement, or extension of time.
3. Surety's obligations under this Bond are separate, independent from, and not contingent upon any other surety's paying claims, demands, liens, or suits for any work, labor, services, materials, or equipment furnished or used in the Work.
4. If an action at law or in equity is necessary to enforce or interpret this Bond's terms, Surety must pay in addition to the Bonded Sum City's reasonable attorneys' fees and litigation costs, in an amount the court fixes.
5. Surety shall mail City written notice at least 30 days before: (a) the effective date on which the Surety will cancel, terminate, or withdraw from this Bond; or (b) this Bond becomes void or unenforceable for any reason.
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On the date set forth below, Principal and Surety duly executed this Pa me tBona, with the name of each party appearing below and signed by its representative(s) under the authority of its governing body.
Date: February 16, 2024
PRINCIPAL:
Southland Roofing, Inc.
(Company Name)
(Signature)
By: _____________ _
(Name and Title)
Address for Serving Notices or Other Documents:
CORPORA TE SEAL
• THIS BOND MUST BE EXECUTED IN TRIPUCATE.
SURETY:
American Contractors Indemnity Company
(Compan ame)
H. Saephan, Attorney-in-Fact
(Name and Title)
Address for Serving Notices or Other Documents:
801 S. Figueroa Street, #700
Los Angeles, CA 90017
CORPORA TE SEAL
• EVIDENCE MUST BE A TT ACHED OF THE AUTHORITY OF ANY PERSON SIGNING AS ATTORNEY-IN-FACT. ■ THE ATTORNEY-IN-FACT'S SIGNATURE MUST BE NOTARIZED. • A CORPORATE SEAL MUST BE IMPRESSED ON THIS FORM WHEN THE PRINCIPAL, OR THE SURETY, OR BOTH, ARE A
CORPORA TJON.
APPROVED AS TO SURETY AND
AMOUNT OF
BONDED SUM:
B
y: __________ _
Daniel Wall, Director of Public Works
APPROVED AS TO FORM: By: _____________ _
Zaynah N. Moussa, City Attorney
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STATE OF CALIFORNIA
COUNTY OF
_____ _
BOND ACKNOWLEDGMENT
FOR
SURETY'S ATTORNEY-IN-FACT
) ss
)
On this ___ dayof
__
_
_
_
__ 20 __ ,
,
bef
ore me, _____________ (name), a Notary Public
for said County, personally
appeared (name), who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to this instrument as the attorney in fact of, and acknowledged to me that he/she subscribed the name of ____ _____
___ thereto
as principal, and his/he own name as attorney in fact.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
Notary Public
SEAL
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF S
A CRAMENTO }
On '2 /
((e /7,,() 2.. 'I bef
ore me , ---'K'"""A...:....:T....:.Y_T:..:..A..:...:Y-=L=O-'--'R ________ Notary Public ,
Date (here insert name )
personally appeared ______ '--"'-'N H
=U"-'N
-=G_.H""".'"""S=A-=E=P __ H"""A""'"N-'---------------
*************************************************
who proved to me on the basis of satisfactory evidence to be the person(-s-) whose name(s-) is/aresubscribed to the within instrument and acknowledged to me that l=le/she/tl:).sy executed the same in his/her/tl=!eir authorized capacity(ies�, and that by his/her/their signature(Sj on the instrument the person(s-), or the entity upon behalf of which the person(aj acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
TY TAYLOR
OMM. # 2412158 �
TARY PUBLIC - CALIFORNIA C)
MENTO COUNTYO
PIRES J..UG. 1, 2026..1
__________ OPTIONAL INFORMATION _________ _
Description of Attached Document
Title or T
ype of Document:
__
_
____
_
____ Number of Pa
ges:
__ _
Document Date:
___
_____ Other: __
___
____
_____
_____ _
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TOKIO MARINE
HCC
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint, NHUNG H. SAEPHAN
its true and lawful Attorney-in-Fact, with full authority to execute on its behalf bond number ___
__ 1_0_0_8_1_4_1_6_4 ___
__ _
,
issued in the course of its business and to bind the Company thereby, in an amount not to exceed -----------'-T'--'-'
hr....:;;e...:;;.e_;_m.c.c.i=lli=o""-'-n
....:;;a"-'n...:C.d
....;;;0...:;;.0'-/1....:;;0...:;;.0 __________ ( ._ -"'-$3.=....,l'-'-o�o �o,'--'-o-'-o -"-o �.0_0_�lThis Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the pt day of
September, 2011.
"Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s) -in-Fact to represent and
act for and on behalf of the Company subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by-the Corporate Secretary.
Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." The Attorney-in-Fact named above may be an agent or a broker of the Company. The granting of this Power of Attorney is specific to this bond and does not indicate whether the Attorney-in-Fact is or is not an appointed agent of the Company.
IN WITNESS WHEREOF, American Contractors lndemni);x,.,&ompany has caused its seal to be affixed hereto and executed by its President on this 18th day of April, 2022. ,.�t'��1'::.:.:i'::;,,,,,,,,,,, .f��-·"' -· .. �o;,\, AMERICAN CONT CTORS INDEMNITY COMPANY i�/ \ii " � ! INCORPORATED ' ::'.i E By: \�\ SEPT.25, 1990 /;/
\,�·":, ..,.{·.01
-�,, .. it, c,4L;-r-o�;,��,���
Ada
A Notary Public or other officer completing this certificate 1//�'ri es only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accurac , or validit of that document.
State of California
County of Los Angeles
On this 181h day of April, 2022, before me, Sonia 0. Carrejo, a notary public, personally appeared Adam S. Pessin, President of American Contractors Indemnity Company, who 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 executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of CALIFORNIA that the foregoing paragraph is true and correct.
WITNESS my hand
�
and official seal,
�
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ft O • e :};�"�=���: ft
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� i lD5 Angeles C011nty :
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I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 16th F b 2 024 """'"'"'"'' day of e ruary ---- . ____ . , ..-<'�'#-cTo11;q�.,, i'o�-··--·~-.. ,q.;-� � $ G,-, ... �� Bond No. 100814164 £$[ -,it ---�c....t--="-""=------- Agency No. 7413 HU
:'E�;��i':i !�� K•o Lo, Assistaecretary
au>\ ' !o� %�""... .-··:of �..,. ·c····•· ........... ·; �� Visit tmhcc.com/surety for more infom,atiot•,,�,�:��t.,"'•' HCCSOZZPOAACIC07/2023 Southland Roofing Inc.
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TOKIO MARINE
HCC
Fraud Warnings
Fraud Warnings and Privacy Notice
Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
APPLICABLE IN ALABAMA
Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or who knowingly presents false information in an application for insurance is guilty of a crime and may be subject to restitution, fines or confinement in prison, o'r any combination thereof.
APPLICABLE IN ARKANSAS, LOUISIANA AND WEST VIRGINIA
Any person who knowingly presents a f
alse or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison.
APPLICABLE IN CALIFORNIA
For your protection California law requires the following to appear on this form. Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison.
APPLICABLE IN COLORADO
It is unlawful lo knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting lo defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information lo a policyholder or claimant for the. purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement of award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies.
APPLICABLE IN THE DISTRICT OF COLUMBIA
WARNING: It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment a'nd/or fines. In addition, an insurer may deny insurance benefits, if false Information materially related to a claim was provided by the applicant.
APPLICABLE IN FLORIDA
Any person who knowingly and with intent to injure, defraud, or deceive any insurer files a statement of claim or an application containing any false, incomplete, or misleading information is guilty of a felony of the third degree.
APPLICABLE IN HAWAII
For your protection, Hawaii law requires you to be informed that presenting a fraudulent claim for payment of a loss or benefit is a crime punishable by fines or imprisonment, or both.
APPLICABLE IN KANSAS
Any person who, knowingly and with intent to defraud, presents, causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer, purported insurer, broker or any agent thereof, any written statement as part of, or in support of, an application for the issuance of, or the rating of an insurance policy for personal or commercial insurance, or a claim for payment or other benefit pursuant lo an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any f act material thereto; or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act.
APPLICABLE IN KENTUCKY
Any person Who knowingly and with intent to defraud any Insurance company or other person files an application for insurance _
containing any materially raise information or conceals, for the purpose of misleading, information concerning any fact material thereto commits a fraudulent insurance act, which ls a crime.
APPLICABLE IN MAINE
It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment, fines or denial of insurance benefits.
TMHCCUM_FRAUOPRIVACY01/2023
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TOKIO MARINE
HCC
APPLICABLE IN MARYLAND
Fraud Warnings and Privacy Notice
Any person who knowingly or willfully presents a false or fraudulent claim for payment of a loss or benefit or who kn0wlngly or willfully presents false information in an application for insurance is guilty of a cr1me and may be subject to fines and confinement in prison.
APPLICABLE IN MINNESOTA
Any person who files a claim with intent to defraud or helps commit a fraud against an insurer is guilty of a crime.
APPLICAB�E IN NEW JERSEY
Any person who includes ahy false or misleading information on an application for an insurance policy is subject to criminal and civil penaltie
f.
APPLICABLE IN OHIO
Any person who, with intent to defraud or knowing that he/she is facilitating a fraud against an insurer, submits an application or files a claim contafning a false or deception statement is guilty of insurance fraud.
APPLICABLE IN OKLAHOMA
WARNING: Any person who knowingly, and with intent to injure, defraud or deceive any insurer, makes any claim for the proceeds of an insurance policy containing any false, incomplete or misleading information is guilty of a felony.
APPLICABLE IN OREGON
Material misstatements, misrepresentations, omissions or concealments by an insured that are fraudulent or material to the insurance contract, the risk assumed, or the interests of an insurer and are relied upon by an insurer may result in policy rescission, cancellation, or denial of claim.
APPLICABLE IN TENNESSEE, VIRGINIA AND WASHINGTON
It is a crime to knowingly provide false, incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment, fines or denial of insurance benefits.
APPLICABLE IN VERMONT
Any person who knowingly presents a false statement in an application for insurance may be guilty of a criminal offense and subject to penalties under state law.
NOTICE TO NEW YORK APPLICANTS:
Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime, and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation.
TMHCCZZM_FRAUDPRIVACY01/2023
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EXHIBIT 4
INSURANCE REQUIREMENTS
1.0 REQUIRED INSURANCE POLICIES
At its own expense, Contractor shall obtain, pay for, and maintain – and shall require each of its Subcontractors to obtain and maintain – for the duration of the Agreement, policies of insurance meeting the following requirements:
A. Workers’ Compensation/Employer’s Liability Insurance shall provide workers’ compensation statutory benefits as required by law.
1. Employer’s Liability insurance shall be in an amount not less than:
(a) ONE MILLION DOLLARS ($1,000,000) per accident for bodily injury or disease; (b) ONE MILLION DOLLARS ($1,000,000) per employee for bodily injury or disease; and
(c) ONE MILLION DOLLARS ($1,000,000) policy limit.
B. Commercial General Liability (“CGL”) (primary). City and its employees and agents shall be added as additional insureds, not limiting coverage for the additional insured to “ongoing operations” or in any way excluding coverage for completed operations. Coverage shall apply on a primary, non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any employee, representative or agent of City.
Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors’ limitation or other endorsement limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage.
1. CGL insurance must not be written for less than the limits of liability specified as follows:
(a) ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury (including accidental death) to any one person;
(b) ONE MILLION DOLLARS ($1,000,000) per occurrence for personal and advertising injury to any one person;
(c) ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; and (d) TWO MILLION DOLLARS ($2,000,000) general aggregate limit.
2. CGL insurance must include all major divisions of coverage and must cover:
(a) Premises Operations (including Explosion, Collapse, and Underground [“X,C,U”] coverages as applicable);
(b) Independent Contractor’s Protective;
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(c) Independent Contractors;
(d) Products and Completed Operations (maintain same limits as above until five (5) years after recordation of Notice of Completion);
(e) Personal and Advertising Injury (with Employer’s Liability Exclusion deleted); (f) Contractual Liability (including specified provision for Contractor’s obligation under Article 11 of the General Conditions); and
(g) Broad Form Property Damage.
3. Umbrella or Excess Liability Insurance (over primary), if provided, shall be at least as broad as any underlying coverage. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion and no contractor’s limitation endorsement. The policy shall have starting and ending dates concurrent with the underlying coverages. The Named Insured may determine the layering of primary and excess liability insurance provided that if such layering differs from that described here, the actual coverage program meets the minimum total required limits and complies with all other requirements listed here.
C. Business Automobile Liability Insurance
1. Business Automobile Liability Insurance must cover all vehicles, whether rented, leased, hired, scheduled, owned or non-owned. If Contractor does not own any vehicles, this requirement may be satisfied by a non-owned vehicle endorsement to the general and umbrella liability policies. Business Automobile Liability Insurance coverage amounts shall not be less than the following:
(a) ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury (including accidental death) to any one person; and
(b) ONE MILLION DOLLARS ($1,000,000) per occurrence for property damage; or (c) ONE MILLION DOLLARS ($1,000,000) combined single limit.
D. Contractors Pollution Liability Insurance (CPL)
1. Contractor or Subcontractor shall obtain, pay for, and maintain for the duration of the Contract Contractors Pollution Liability insurance that provides coverage for liability caused by pollution conditions arising out of the operations of the Contractor. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using Subcontractors, the policy must include work performed “by or on behalf” of the insured.
2. The policy limit shall provide coverage of no less than one million dollars ($1,000,000) per claim and in the aggregate. Coverage shall apply to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically inured; cleanup costs; and costs of defense, including costs and expenses incurred in the Southland Roofing Inc.
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investigation, defense, or settlement of claims.
3. All activities contemplated in the Contract shall be specifically scheduled on the CPL policy as “covered operations.” In addition, the policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.
4. The policy shall specifically provide for a duty to defend on the part of the insurer. City, its officers, employees and agents shall be added to the policy as additional insureds by endorsement.
2.0 GENERAL REQUIREMENTS—ALL POLICIES
A. Qualifications of Insurer. At all times during the term of this Contract, Contractor’s insurance company must meet all of the following requirements:
1. “Admitted” insurer by the State of California Department of Insurance or be listed on the California Department of Insurance’s “List of Surplus Line Insurers” (“LESLI”);
2.Domiciled within, and organized under the laws of, a State of the United States; and
3. Carry an A.M. Best & Company minimum rating of “A:VII”.
B. Continuation Coverage. For insurance coverages that are required to remain in force after the Final Payment, and if reasonably available, Contractor shall submit to City, with the final Application for Payment, all certificates and additional insured endorsements evidencing the continuation of such coverage.
C. Deductibles or Self-Insured Retentions. All deductibles or self-insured retentions are subject to City’s review and approval, in its sole discretion.
D. Commercial General Liability and Business Automobile insurance policies must be written on an “occurrence” basis and must add the City of Vernon and its officers, agents, employees and representatives as additional insureds.
E. Contractor’s Insurance Primary. Other insurance (whether primary, excess, contingent or self- insurance, or any other basis) available to City, or its representatives, or both, is excess over Contractor’s insurance.
City’s insurance, or self-insurance, or both, will not contribute with Contractor’s insurance policy.
F. Waiver of Subrogation. Contractor and Contractor’s insurance company waive— and shall not exercise— any right of recovery or subrogation that Contractor or the insurer may have against City, or its representatives, or both.
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G. Separation of Insureds. Contractor’s insurance policy applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or suit is brought, except that the naming of multiple insureds will not increase an insurance company’s limits of liability.
H. Claims by Other Insureds. Contractor’s insurance policy applies to a claim or suit brought by an additional insured against a Named Insured or other insured, arising out of bodily injury, personal injury, advertising injury, or property damage.
I. Premiums. City is not liable for a premium payment or another expense under Contractor’s policy J. At any time during the duration of this Contract, City may do any one or more of the following:
1. Review this Agreement’s insurance coverage requirements;
2. Require that Contractor obtain, pay for, and maintain more insurance depending on City’s assessment of any one or more of the following factors:
(a) City’s risk of liability or exposure arising out of, or in any way connected with, the services of Contractor under this Agreement;
(b) The nature or number of accidents, claims, or lawsuits arising out of, or in any way connected with, the services of Contractor under this Agreement; or (c)The availability, or affordability, or both, of increased liability insurance coverage.
3. Obtain, pay for, or maintain a bond (as a replacement for an insurance coverage) from a California corporate surety, guaranteeing payment to City for liability, or costs, or both, that City incurs during City’s investigation, administration, or defense of a claim or a suit arising out of this Agreement; or
K. Contractor shall maintain the insurance policy without interruption, from the Project’s commencement date to the Final Payment date, or until a date that City specifies for any coverage that Contractor must maintain after the Final Payment.
L. Contractor shall not allow any insurance to expire, cancel, terminate, lapse, or non-renew.
Contractor’s insurance company shall mail City written notice at least thirty (30) days in advance of the policy’s cancellation, termination, non-renewal, or reduction in coverage and ten (10) days before its insurance policy’s expiration, cancellation, termination, or non-renewal, Contractor shall deliver to City evidence of the required coverage as proof that Contractor’s insurance policy has been renewed or replaced with another insurance policy which, during the duration of this Agreement, meets all of this Agreement’s insurance requirements.
M. At any time, upon City’s request, Contractor shall furnish satisfactory proof of each type of insurance coverage required— including a certified copy of the insurance policy or policies; certificates, endorsements, renewals, or replacements; and documents comprising Contractor’s self-insurance program— all in a form and content acceptable to the City Attorney or City’s Risk Manager.
N. If Contractor hires, employs, or uses one or more Subcontractor(s) to perform work, services, operations, or activities on Contractor’s behalf, Contractor shall ensure that the Subcontractor complies with the following.
1. Meets, and fully complies with, this Agreement’s insurance requirements; and Southland Roofing Inc.
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2. Furnishes City at any time upon its request, with a complete copy of the Subcontractor’s insurance policy or policies for City’s review, or approval, or both. Failure of City to request copies of such documents shall not impose any liability on City, or its employees.
O. Contractor’s failure to comply with an insurance provision in this Agreement constitutes a material breach upon which City may immediately terminate or suspend Contractor’s performance of this Agreement, or invoke another remedy that this Agreement or the law allows. At its discretion and without waiving any other rights it may have pursuant to law, City has the right but not a duty to obtain or renew the insurance and pay all or part of the premiums. Upon demand, Contractor shall repay City for all sums or monies that City paid to obtain, renew, or reinstate the insurance, or City may offset the cost of the premium against any sums or monies that City may owe Contractor.
3.0 CONTRACTOR’S SUBMITTAL OF CERTIFICATES AND ENDORSEMENTS A.Contractor shall have its insurance carrier(s) or self-insurance administrator(s) complete and execute the following insurance documents and shall deliver said documents at the same time Contractor delivers this Agreement to City. City will neither sign this Agreement nor issue a “Notice to Proceed” until the City Attorney or City’s Risk Manager has reviewed and approved all insurance documents. City's decision as to the acceptability of all insurance documents is final. Sample insurance documents in the City’s approved format are set forth in this 4.
B. Required Submittals for Commercial General Liability and Business Automobile Insurance and Contractor’s Pollution Liability Insurance. The following submittals must be on forms satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative – which fully meet the requirements of, and contain provisions entirely consistent with, all of the insurance requirements set forth herein.
1. “Certificate of Insurance”
2. “Additional Insured Endorsement”
3. Subrogation Endorsement: “Waiver of Transfer to Rights of Recover Against Others” Both Certificates of Insurance and Additional Insured Endorsements must read as follows: “The City of Vernon, and its officers, agents, employees and representatives are included as additional insureds under the policy(s). This insurance is primary to all other insurance of the City. The City’s insurance and self-insurance will apply in excess of, and will not contribute with this insurance. This insurance applies separately to each insured or additional insured who is seeking coverage, or against whom a claim is made or a suit is brought. The issuing company shall mail thirty (30) days advance notice to the City for any policy cancellation, termination, non-renewal, or reduction in coverage.” C. Required Submittals for Workers’ Compensation Insurance. Contractor shall provide City with a certificate of insurance and a subrogation endorsement on forms satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative – which fully meet the requirements of, and contain provisions entirely consistent with, this Contract’s workers compensation insurance requirements. If Contractor is self-insured for workers’ compensation, a copy of the “Certificate of Consent to Self-insure” from the State of California is required; or if Contractor is lawfully exempt from workers’ compensation laws, an “Affirmation of Exemption from Labor Code §3700” form is required.
D. Required Evidence of Builder’s Risk Coverage. City will provide a certificate of insurance and a declarations page on a form satisfactory to the City Attorney or City’s Risk Manager, and signed by the insurance carrier or its authorized representative. The policy terms must fully meet the requirements of, and contain provisions entirely consistent with, all of the insurance requirements set forth herein. The City shall be named as a loss payee on the insurance policy for the full replacement value of all buildings, structures, fixtures and materials to be constructed, maintained, repaired or supplied pursuant to this Contract.
E. Contractor agrees to monitor and review all such coverage and assumes all responsibility for Southland Roofing Inc.
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ensuring that all required coverage is provided. Contractor agrees to obtain certificates evidencing such coverage.
F. Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City or any other indemnitee as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City.
G. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
H. Any “self-insured retention” must be declared and approved by City. City reserves the right to require the self-insured retention to be eliminated or replaced by a deductible. Self-funding, policy fronting or other mechanisms to avoid risk transfer are not acceptable. If Contractor has such a program, Contractor must fully disclose such program to City.
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EXHIBIT
5 Statement of Intent to Comply with Minimum Requirements of the Stormwater Permit
CITY OF VERNON
PUBLIC WORKS DEPARTMENT
Construction Stormwater Program
Permit Number:------------ Date: --------
App Ii cant: V!e1
r
&v-1 •• 0 ff� v �cl Phone: 818-t-61� ttbf3
Project Address: _______________________ _
Property Owner: ________________________ _
Contractor S::i_,Jl-, /dnc/ Rm00 {§ /n (.
Contractor's Address: C// 27- 5. /Ue5tc;rrk"i A«· Los Avi�ele5 cA 9cdi7- The National Pollutant Discharge Elimination System (NPDES) is a portion of the Clean Water Act that applies to the protection of receiving waters. Under permits from the Los Angeles Regional Water Quality Control Board (RWQCB), certain activities are subject to RWQCB enforcement. To meet the standards of the Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watershed of Los Angeles County, Except those Discharges Originating from the City of Long Beach MS4 (CAS004001 ), the City of Vernon has adopted minimum standards for stormwater runoff from development construction activities.
These minimum standards require the implementation of an effective combination of erosion and sediment control Best Management Practices (BMPs) to prevent erosion and sediment loss, and the discharge of construction waste at each site. At a minimum, the construction activity associated with the construction project identified above shall be conducted in such a manner that: ► Prevents illicit construction-related discharges of pollutants into the MS4 and receiving waters. ► Implements and maintains structural and non-structural BMPs to reduce pollutants in stormwater runoff from construction sites.
► Reduces construction site discharges of pollutants to the MS4 to the maximum extent practicable. ► Prevents construction site discharges to the MS4 from causing or contributing to a violation of water quality standards.
Note: The Stormwater BMP Construction Handbook sheets developed by the California Stormwater Quality Association shall be used as guidance in determining and implementing required BMPs. The BMP sheets may be reviewed at the Public Works Department counter during regular business hours. A General Construction Permit shall be obtained and maintained for all construction sites one (1) acre or greater. Additional conditions may be required for these sites. 4305 Santa Fe Ave, Vernon, CA 90058
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I have read and ynde
re
quirements 0 e.
ents listed above and certify that I will com
ply with the minimum
Pro
perty Owner: _________ _
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EXHIBIT A6
Statement of Intent to Comply with Minimum Requirements of the California Covid-19 Industry Guidance: Construction
CITY OF VERNON
PUBLIC WORKS DEPARTMENT
Project Address:
___________
___________ _
Proper
ty Owner: ____
_____
_____________ _
Contractor: >GG2t� iovy! }�Q
E7
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Contractors Address: � ii S /Jbsdeir,,. Ave.LQ, Ac
sek3 clJ �c97
The latest COVID-19 industry guidelines can be accessed at the following web address:
This document provides guidance for the construction industry to support a safe, clean environment for workers. The guidance is not intended to revoke or repeal any worker rights, either statutory, regulatory or collectively bargained, and is not exhaustive, as it does not include county heal th orders, nor is it a substitute for any existing safety and ealth-related regulatory requirements such as those of Cal/OSHA.1 Stay current on changes to public health guidance and state/loca orders, as the COVID-19 situation continues. Cal/OSHA has more safety and health guidance on their Cal/OSHA COVID-19 I fection Prevention for Construction 2 Employers and Workers webpage.
CDC has additional guidance for businesses and employers.
Date:
12/2 3 b-02 � r 7
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EXHIBIT B
SPECIAL PROVISIONS
SPECIFIC FOR THIS PROJECT
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EXHIBIT B – SPECIAL PROVISIONS
SPECIFIC FOR THIS PROJECT
City Hall Roof Replacement
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Table of Contents
A. General.................................................................................................................................................. 4
1. Scope of Work.................................................................................................................................. 4
2. Specifications................................................................................................................................... 4
3. Length of Contract........................................................................................................................... 4
4. Liquidated Damages......................................................................................................................... 4
5. Delays and Extensions of time......................................................................................................... 4
6. Quality of Work................................................................................................................................ 5
7. Unit Prices........................................................................................................................................ 5
8. Extra Work ....................................................................................................................................... 5
9. Compliance with Laws, Regulations, and Safe Practices................................................................. 5 B. Construction Phase Specifications........................................................................................................ 6
1. Scheduling of Work.......................................................................................................................... 6
2. Material Submittals.......................................................................................................................... 6
3. Weather Limitations........................................................................................................................ 6
4. Construction Hours.......................................................................................................................... 6
5. Notification of Affected Residents/Businesses................................................................................ 7
6. Notification of Utilities..................................................................................................................... 7
7. Protection of the Public ................................................................................................................... 7
8. Noise Restrictions............................................................................................................................ 8
9. Construction Order of Work ............................................................................................................ 8
10. Character of Workers....................................................................................................................... 9
11. Examination of Site .......................................................................................................................... 9
12. Mobilization ..................................................................................................................................... 9
13. Dust Control..................................................................................................................................... 9
14. Best Management Practices (BMP’s)............................................................................................... 9
15. Temporary Water Meter................................................................................................................10
16.Cleaning of Site During Construction.............................................................................................10
17. Sanitary Facilities ...........................................................................................................................10
18. Final Cleaning of Site and Restoration...........................................................................................10 Southland Roofing Inc.
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19. Contractor Responsibility...............................................................................................................10 C. Product Installation and Specifications...............................................................................................11 Southland Roofing Inc.
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A. General
1. Scope of Work
This project consists of furnishing all labor, materials, equipment, and services as necessary to remove existing roof system down to insulation layer and install a TREMCO (Spec # 075216.12) SBS Modified Bituminous roof system with a 20 year manufacturer’s warranty to approximately 17,800 square feet or approved equal at the discretion of the City Staff.
2. Specifications
Installation and payment for all the work shall conform to the Standard Specifications for Public Works Construction (2021 Edition), State of California Department of Transportation (Caltrans) Standard Plans (2022 Edition) and State of California Department of Transportation Standard Specifications (2018 Edition), latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD), and the City of Vernon Standard Plans.
The Standard Specifications for Public Works Construction (2021 Edition) shall be referred to hereafter as the Standard Specifications. The Caltrans Standard Plans (2022 Edition) shall be referred to hereafter as the Caltrans Standard Plans.
3. Length of Contract
All work in this project shall be completed within thirty (30) calendar days as specified in the Bidder's Proposal.
4. Liquidated Damages
In accordance with Section 6-9 of the Standard Specifications, for each consecutive calendar day in excess of the time specified for completion of the work, as adjusted in accordance with Section 6-9 of the Standards Specifications, the Contractor shall pay to the agency, or have withheld from monies due it, the sum of two hundred and fifty dollars ($250) per calendar day.
5. Delays and Extensions of time
The provisions of Section 6-4 entitled "Delays and Extensions of Time" of the Standard Specifications shall apply except as modified and supplemented below.
The second paragraph of subsection 6-4.1 is hereby deleted and the following paragraph shall be inserted in its place:
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No extension of time will be granted for a delay caused by the inability of the Contractor to obtain materials, equipment and labor, except as authorized by the City's Engineer. The length of contract time stipulated includes any time which may be required to obtain materials, equipment and labor, and the Contractor in submitting a bid shall be deemed to have ascertained the availability of materials, equipment and labor and considered same in his/her proposed construction schedule.
6. Quality of Work
The provisions of Section 3 entitled "Control of the Work" of the Standard Specifications shall apply. In addition, any work deemed unacceptable by the City's Engineer, whether a cause is determined or not shall be repaired or replaced by the Contractor at his/her expense.
7. Unit Prices
All costs not covered by specific unit prices but required for a complete job in place, shall be included in the items most related to the work.
8. Extra Work
In the event the City and the Contractor are unable to negotiate an agreed price for extra work, which is acceptable to both parties, payment shall be made based on time and materials as follows: • Work by the Contractor: The following percentages shall be added to the Contractor's cost and shall constitute the markup for all overhead and profits:
1. Labor 33%
2. Materials 15%
3. Equipment Rental 15%
4. Other Items and Expenditures 15%
• Work by the Subcontractor: When all or any part of the extra work is performed by a subcontractor, the markup provided by the Contractor as mentioned above shall apply to the subcontractor’s actual costs. A markup of 5% of the subcontracted portion of each extra work may be added for the Contractor.
9. Compliance with Laws, Regulations, and Safe Practices The Contractor shall perform all work in a safe, competent manner and in accordance with all federal, state, and local statues, regulations, ordinances, rules, and governmental orders. The Contractor will be solely and completely responsible for the conditions of the job site, including safety of all persons and property during performance of the work. This requirement will apply Southland Roofing Inc.
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continuously and not be limited to normal working hours. Inspection of the Contractor's performance by the City, its agents, or employees is not intended to include review of the adequacy of the Contractor's safety measures in or near the job site.
B. Construction Phase Specifications
1. Scheduling of Work
The Contractor shall submit his/her work schedule to the City’s Engineer prior to the pre- construction meeting. The construction schedule shall show the sequence of work, critical path and estimated time for completion of each segment of work. This schedule must be reviewed and accepted by the City's Engineer before the Contractor will be permitted to begin work. In addition, the Contractor shall submit a detailed schedule forecasting two weeks of work describing each day’s work. This schedule shall be updated and submitted to the City every other Monday during the construction period. The Contractor shall give 48 hours’ notice to the City’s Engineer prior to the start of the work.
2. Material Submittals
The Contractor shall provide all required submittals including, but not limited to the following: • Shop drawings • Materials and mix designs (submitted upon reward of the contract for review and approval before the construction); and
The “Notice to Proceed” will not be issued to the Contractor until all the submittals have been reviewed and approved by the City.
3. Weather Limitations
Placement operations shall not be performed during wet conditions or if rain or cold conditions (less than 45°F) are imminent or predicted to exist at any time. “Imminent or predicted” is defined as being forecasted within a 48-hour period on the National Weather Service Web Site http://www.wrh.noaa.gov for the most representative and nearest location listed where placement is to begin and end.
4. Construction Hours
Work shall occur Monday-Thursday between the hours of 6:30 am to 4:00 pm unless otherwise specified by the City’s Engineer.
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5. Notification of Affected Residents/Businesses
The Contractor shall be responsible for distribution of the general information letter of the project to all affected residents and businesses. A project general information letter and sufficient copies thereof will be prepared by City staff for Contractor distribution to all residents, business establishments, and institutions fronting on or directly affected by the project.
The Contractor shall be responsible for distribution of said letter in handout form to all the appropriate residences and buildings in the subject area. Distribution shall be accomplished in a manner acceptable to the City’s Engineer and shall be five (5) working days prior to the beginning of construction operations in the immediate vicinity.
In addition to the above, the Contractor shall be fully responsible for such other notifications as may be required related to necessary closures of streets, alleys, driveways, etc., or to unavoidable access or parking restrictions. These notifications shall apply where the closures and access or parking restrictions required in the performance of any work under this contract preclude any resident, tenant, or property owner from utilizing the premises or conducting business thereon in a reasonable and customary manner.
Additional notification to the affected businesses and residents shall be prepared by the City and distributed by the Contractor for roadway and driveway closures five (5) working days in advance of any construction work. No removal or excavation work is allowed until the additional notification has been distributed to the affected residents and businesses. If a Contractor is unable to adhere to his/hers schedule as indicated on his/hers written notification, then all the affected residents and places of business shall be re-notified of the revised schedule, in writing, as indicated above. Contractor costs for all of the above notifications shall be considered as included in the appropriate items of the Bid Proposal.
6. Notification of Utilities
The provisions of Section 402 entitled "Utilities" of the Standard Specifications shall apply. The Contractor shall contact the Underground Service Alert of Southern California (U.S.A.) at least three (3) working days in advance of the construction work.
7. Protection of the Public
The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from danger, loss of life, loss of property or interruption of public services. Unforeseen conditions may arise which will require that immediate provisions be made to protect the public from danger or loss, or damage to life and property, due directly or indirectly to prosecution of Southland Roofing Inc.
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work under the contract. Whenever, in the opinion of the City’s Engineer, a condition exists in which the Contractor has not taken sufficient precaution of public safety, protection of utilities, and/or protection of adjacent structures or property, the City’s Engineer will order the Contractor to provide a remedy for the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the City’s Engineer or in the event of an emergency situation, the City’s Engineer may provide suitable protection by causing such work to be done and material to be furnished as, in the opinion of the City’s Engineer, may seem reasonable and necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final payment due to the Contractor.
8. Noise Restrictions
The Contractor may not operate certain power equipment, within a residential area or within a radius of five-hundred (500) feet from a residential area, except during the following times:
• From 7:00 am to 4:00 pm, Monday through Thursday
• From 6:00 am to 5:00 pm on Saturday and Sunday
In addition, the noise level from the Contractor's operations shall not exceed eighty -five (85) dBA
when measured within a one hundred (100) foot radius at any time.
9. Construction Order of Work
Work shall be scheduled so as to lessen the impact upon businesses. All construction shall conform to the latest edition of the Standard Specifications and shall proceed in a smooth, efficient, timely and continuous manner. As such, once construction is started in a work area, the Contractor will be required to work continuously in that work area until construction has been completed and the work area is open and accessible to both vehicular and pedestrian traffic in a manner approved by the City’s Engineer before the next stage of work will be allowed to begin.
Once construction is started in a work area, the Contractor shall not withdraw manpower or equipment from that work area in order to start construction in another work area if doing so, in the opinion of the City’s Engineer, delays the completion of the work presently under construction.
The Contractor shall maintain continuous access to all residents and businesses within the project limits, including drive approaches, unless the Contractor has obtained the approval of the City’s Engineer to close either such access or drive approach.
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No stockpiling of material and construction equipment on public streets or sidewalks will be permitted on this project unless approved by the City’s Engineer. Material and equipment placed on public streets, sidewalks and on the construction areas shall be used the same day.
10. Character of Workers
If any subcontractor or person employed by the Contractor shall fail or refuse to carry out directions of the City’s Engineer or shall appear to the City's Engineer to be incompetent or act in a disorderly or otherwise improper manner, he/she shall be immediately discharged from the project on the request of the City’s Engineer, and such person shall not be reemployed on the work. If said individual has an ownership interest in the contracting entity, the City’s Engineer will serve written notice upon the Contractor and the Surety providing the faithful performance bond, in accordance with Section 6-8, "Termination of the Contractor by Default" of the Standard Specifications, demanding complete and satisfactory compliance with the Contract.
11. Examination of Site
The Contractor is required to examine the site and judge for themselves the location. Physical conditions, substructures and surroundings of the proposed work.
12. Mobilization
The cost of all preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the project site must be included in the various bid items, and no extra compensation will be paid to the Contractor.
13. Dust Control
Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the Contractor shall abate dust nuisance by cleaning, sweeping and sprinkling water, or other means as necessary when requested by the City. Failure of the Contractor to comply with the City’s Engineer cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation or extension of contract completion time will be allowed as a result of such suspension. The cost of furnishing and operating dust control during the construction project shall be included in the various bid items, and no extra compensation will be paid to the Contractor.
14. Best Management Practices (BMP’s)
The Contractor shall submit a copy of their Best Management Practices (BMPs) to the City Engineer for review ten (10) days prior to the beginning of any work.
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Practices. The Contractor shall implement and maintain such BMP’s as are relevant to the work, and as are specifically required by the Plans or Special Provisions. The Contractor shall not commence activity until the BMP submittal has been reviewed and approved.
15. Temporary Water Meter
If necessary, the Contractor shall obtain a temporary water meter from the City of Vernon Water Department by placing a deposit of $1,000. Contractor shall pay for all water used.
Contractor shall not relocate the service. The Contractor shall call the City of Vernon Water Department to relocate the service and will be charged fifty dollars ($50.00) for each relocation.
16. Cleaning of Site During Construction
During construction, all existing improvements, including pavement, sidewalk, curb and gutter, adjacent to the work area shall be swept free from soils, gravel, dirt or debris on a daily basis.
The Contractor is responsible for maintaining all sidewalk, curb and gutter areas within the construction zone free from loose materials at all times.
17. Sanitary Facilities
The Contractor shall furnish and maintain sufficient sanitary facilities by the worksites for the entire duration of construction activities. The cost of furnishing and maintaining sufficient sanitary facilities shall be included in the various bid items, and no extra compensation will be paid to the Contractor.
18. Final Cleaning of Site and Restoration
The Contractor shall be responsible for cleaning and restoration of all damaged existing improvements such as sidewalk, driveway, curb and gutter, and private property at no cost to the City. The Contractor shall remove all loose aggregates by sweeping all the sidewalks and gutters. The cost of furnishing and operating such sweeping after the construction of the project must be included in the various bid items, and no extra compensation will be paid to the Contractor.
19. Contractor Responsibility
The Contractor shall be responsible for the final product and shall make any quality control, adjustments and corrections necessary to obtain the final product accepted by City’s Engineer.
The Contractor shall perform process and quality control sampling and testing and exercise management control the work of his/her subcontractors, technicians and workers to ensure that the milling, transporting, spreading, compaction, and finishing processes conform to these Specifications. The City’s Engineer shall have unrestricted access to the laboratory, sampling, testing sites, and all information resulting from mix design and quality control activities. All Quality Control testing results shall be submitted to the City’s Engineer on a daily basis.
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C. Product Installation and Specifications
PREPARATION FOR RE-ROOFING
PART 1 - GENERAL
1.1 SUMMARY
A.Action Includes:
1. Roof replacement preparation consisting of full roof tear-off of entire roof system.
2. Temporary roofing.
3. Temporary roof drainage.
1.2 DESCRIPTION OF WORK
A. Re-roofing preparation Work consists of the following:
a. Preparation for: Roof replacement
b. Existing Roof Type: Granular surfaced modified bituminous c. Existing Deck Type: Metal deck
d. Roof tear
-off.
e. Temporary roof membrane.
1.3 MATERIALS OWNERSHIP
A. Except for items or materials indicated to be reused, reinstalled, or otherwise indicated to remain Owner's property, demolished materials shall become Contractor's property and shall be removed from Project site.
1.4 DEFINITIONS
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A. Roofing Terminology: Refer to ASTM D1079 "Standard Terminology Relating to Roofing and Waterproofing" and glossary in applicable edition of NRCA's "The NRCA Roofing Manual:
Membrane Roof Systems" for definition of terms related to roofing work in this Section.
B. Existing Roofing System: Roofing system identified above, including roof covering/membrane, roof insulation, surfacing, and components and accessories between deck and roof covering/membrane.
C. Full Roof Tear-Off: Removal of existing membrane roofing system from deck.
D. Remove: Detach items from existing construction and legally dispose of them off-site unless indicated to be removed and reinstalled.
E. Existing to Remain: Existing items of construction that are not indicated to be removed.
F. Construction Waste: Building and site improvement materials and other solid waste resulting from construction, remodeling, renovation, or repair operations. Construction waste includes packaging.
G. Demolition Waste: Building and site improvement materials resulting from demolition or selective demolition operations.
H. Disposal: Removal off
-site of demolition and construction waste and subsequent sale, recycling, reuse, or deposit in landfill or incinerator acceptable to authorities having jurisdiction.
1.5 PREINSTALLATION MEETINGS
A. Preliminary Roofing Conference: Before starting removal Work, conduct conference at Project site.
1. Review methods and procedures related to roofing tear -off, including, but not
limited to, the following:
a. Reroofing preparation, including roofing system manufacturer's written instructions.
b. Temporary protection requirements for existing roofing system components that are to remain.
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c. Existing roof drains and roof drainage during each stage of reroofing, and roof-drain plugging and plug removal.
d. Construction schedule and availability of materials, Installer's personnel, equipment, and facilities needed to avoid delays.
e. Existing roof deck conditions requiring Owner notification. f. Existing roof deck removal procedures and Owner notifications. g. Condition and acceptance of existing roof deck and base flashing substrate for reuse.
h. Structural loading limitations of roof deck during reroofing. i. Base flashings, special roofing details, drainage, penetrations, equipment curbs, and condition of other construction that affect reroofing. j. Existing conditions that may require Owner notification before proceeding.
1.6 ACTION SUBMITTALS
A. Product Data: For each type of product indicated.
B. Temporary Roofing: Include Product Data and description of temporary roofing system.
If temporary roof will remain in place, submit surface preparation requirements needed to receive permanent roof, and submit a letter from roofing membrane manufacturer stating acceptance of the temporary membrane and that its inclusion will not adversely affect the roofing system's resistance to fire and wind.
1.7 INFORMATIONAL SUBMITTALS
A. Qualification Data: For Installer including certificate that Installer is licensed to perform asbestos abatement.
B. Digital Images or Videos: Show existing conditions of adjoining construction and site improvements, including exterior and interior finish surfaces, which might be misconstrued as having been damaged by reroofing operations. Submit before Work begins.
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C. Proposed Protection Measures: Submit report, including Drawings, that indicates the measures proposed for protecting individuals and property for environmental protection, for dust control and for noise control. Indicate proposed locations and construction of barriers.
D. Schedule of Re-Roofing Preparation Activities: Indicate the following:
1. Detailed sequence of re
-roofing preparation work, with starting and ending
dates for each activity. Ensure occupants' on-site operations are uninterrupted.
2. Interruption of utility services. Indicate how long utility services will be interrupted.
3. Coordination of Owner's continuing occupancy of portions of existing building.
1.8 CLOSEOUT SUBMITTALS
A. Certified statement from manufacturer of existing warranted roof system stating that existing roof warranty has not been affected by Work performed under this Section.
1.9 QUALITY ASSURANCE
A. Installer Qualifications: Installer of new membrane roofing system.
1. Approved by warrantor of existing roof system to work on existing roofing.
B. Regulatory Requirements:
1. Comply with hauling and disposal regulations of authorities having jurisdiction.
1.10 PROJECT / FIELD CONDITIONS
A. Owner will occupy portions of building immediately below reroofing area.
1. Conduct reroofing so Owner's operations will not be disrupted.
2. Provide Owner with not less than 48 hours' written notice of activities that may affect Owner's operations.
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HVAC and fire
-alarm or -detection equipment if needed, and evacuate occupants from below the work area.
4. Before working over structurally impaired areas of deck, notify Owner to evacuate occupants from below the affected area.
a. Verify that occupants below the work area have been evacuated before proceeding with work over the impaired deck area.
B. Protect building to be reroofed, adjacent buildings, walkways, site improvements, exterior plantings, and landscaping from damage or soiling from reroofing operations.
C. Maintain access to existing walkways, corridors, and other adjacent occupied or used facilities.
D. Limit construction loads on roof to rooftop equipment wheel loads and uniformly distributed loads not exceeding recommendations of Contractor's professional engineer based upon site inspection and analysis.
E. Weather Limitations: Proceed with reroofing preparation only when existing and forecasted weather conditions permit Work to proceed without water entering existing roofing system or building.
1. Remove only as much roofing in one day as can be made watertight in the same day.
F. Daily Protection: Coordinate installation of roofing so insulation and other components of roofing system not permanently exposed are not subjected to precipitation or left uncovered at the end of the workday or when rain is forecast.
PART 2 - PRODUCTS
2.1 TEMPORARY PROTECTION MATERIALS
A. EPS Insulation: Molded (expanded) polystyrene, ASTM C578.
2.2 TEMPORARY ROOFING MATERIALS
A. Design and selection of materials for temporary roofing are responsibilities of Contractor.
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2.3 TEMPORARY ROOF DRAINAGE
A. Design and selection of materials for temporary roof drainage are responsibilities of the Contractor.
PART 3 - EXECUTION
3.1 PREPARATION, GENERAL
A. Protection of In-Place Conditions: Protect existing roofing system that is indicated not to be reroofed.
1. Loosely lay 1
-inch- (25-mm-) minimum thick, molded expanded polystyrene (EPS) insulation over the roofing membrane in areas indicated. a. Loosely lay 15/32
-inch (12-mm) plywood or OSB panels over EPS. Extend EPS past edges of plywood or OSB panels a minimum of 1 inch (25 mm).
2. Limit traffic and material storage to areas of existing roofing membrane that have been protected.
3. Maintain temporary protection and leave in place until replacement roofing has been completed. Remove temporary protection on completion of reroofing.
4. Comply with requirements of existing roof system manufacturer's warranty requirements.
B. Seal or isolate windows that may be exposed to airborne substances created in removal of existing materials.
C. Test existing roof drains to verify that they are not blocked or restricted.
1. Immediately notify Owner of any blockages or restrictions.
D. Coordinate with Owner to shut down air
-intake equipment in the vicinity of the Work.
1. Cover air
-intake louvers before proceeding with reroofing work that could affect indoor air quality or activate smoke detectors in the ductwork.
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E. Pollution Control: Comply with environmental regulations of authorities having jurisdiction. Limit spread of dust and debris.
1. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas.
2. Remove debris from building roof by chute, hoist, or other device that will convey debris to grade level.
F. Temporary Weather Protection: During removal operations, have sufficient and suitable materials on-site to facilitate rapid installation of temporary protection in the event of unexpected rain.
G. Roof Drain Protection: Maintain roof drains in functioning condition to ensure roof drainage at end of each workday.
1. If roof drains are temporarily blocked or unserviceable due to roofing system removal or partial installation of new membrane roofing system, provide alternative drainage method to remove water and eliminate ponding. Do not permit water to enter into or under existing membrane roofing system components that are to remain.
2. Prevent debris from entering or blocking roof drains and conductors. a. Use roof
-drain plugs specifically designed for this purpose.
b.Remove roof
-drain plugs at end of each workday, when no work is taking place, or when rain is forecast.
3. If roof drains are temporarily blocked or unserviceable due to roofing system removal or partial installation of new membrane roofing system, provide alternative drainage method to remove water and eliminate ponding. a. Do not permit water to enter into or under existing membrane roofing system components that are to remain.
3.2 ROOF TEAR-OFF
A. Notify Owner each day of extent of roof tear
-off proposed for that day and obtain
authorization to proceed.
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B. Lower removed roofing materials to ground and onto lower roof levels, using dust -tight
chutes or other acceptable means of removing materials from roof areas.
C. Roof Drainage: Remove roof drainage items indicated for removal.
D. Roof Tear
-Off: Remove existing roofing membrane and other membrane roofing system components down to the deck.
1. Remove fasteners from deck.
3.3 DECK PREPARATION
A. Inspect deck after tear
-off of membrane roofing system.
B. Verify that deck is sound and dry.
C. If broken or loose fasteners that secure deck panels to one another or to structure are observed or if deck appears or feels inadequately attached, immediately notify Owner. Do not proceed with installation until directed by Owner.
D. Unsuitable Deck: If deck surface is not suitable for receiving new roofing or if structural integrity of deck is suspect, immediately notify Owner. Do not proceed with installation until directed by Owner.
3.4 DECK REPAIR/REPLACEMENT
A. Repair existing deck to provide smooth working surface for installation of roof system.
1. Replace deck that cannot be repaired to sound condition.
3.5 TEMPORARY ROOFING MEMBRANE
A. Install approved temporary roofing membrane over area to be reroofed.
B. Remove temporary roofing membrane before installing new roofing membrane.
3.6 DISPOSAL
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A. Collect demolished materials and place in containers. Promptly dispose of demolished materials. Do not allow demolished materials to accumulate on-site.
1. Storage or sale of demolished items or materials on-site is not permitted.
B. Transport and legally dispose of demolished materials off Owner's property.
3.7 CLEANING
A. Clean adjacent structures and improvements of dust, dirt, and debris caused by preparation for re-roofing operations. Return adjacent areas to condition existing before operations began.
SBS MODIFIED BITUMINOUS MEMBRANE ROOFING, COLD
-APPLIED
PART 1 - GENERAL
1.1 SUMMARY
A. Section Includes:
1. Hybrid Styrene-butadiene-styrene (SBS) modified bituminous membrane roofing system on metal deck, including but not limited to:, including but not limited to:
a. Roof insulation.
b. Roof insulation cover board.
c. SBS-modified bituminous membrane roofing.
d. Hybrid, built-up asphalt (glass-fiber) roofing ply sheets. e. Granule
-surfaced SBS-modified bituminous membrane cap sheet.
f. Roof surfacing consisting of surfacer with top coating.
1.2 DEFINITIONS
A. Roofing Terminology: Refer to ASTM D1079 "Standard Terminology Relating to Roofing and Waterproofing" and glossary in applicable edition of NRCA's "The NRCA Roofing Manual:
Membrane Roof Systems" for definition of terms related to roofing work in this Section.
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1.3 PREINSTALLATION MEETINGS
A. Prein
stallation Roofing Conference: Conduct conference at Project site
1. Meet with Owner, Owner's insurer if applicable, testing and inspecting agency representative, roofing Installer, roofing system manufacturer's representative, and installers whose work interfaces with or affects roofing, including installers of roof accessories and roof-mounted equipment.
2. Review drawings and specifications.
3. Review methods and procedures related to roofing installation, including manufacturer's written instructions.
4. Review and finalize construction schedule and verify availability of materials, Installer's personnel, equipment, and facilities needed to make progress and avoid delays.
5. Examine substrate conditions and finishes for compliance with requirements, including flatness and fastening.
6. Review structural loading limitations of roof deck during and after roofing.
7. Review base flashings, special roofing details, roof drainage, roof penetrations, equipment curbs, and condition of other construction that will affect roofing system.
8. Review governing regulations and requirements for insurance and certificates if applicable.
9. Review temporary protection requirements for roofing system during and after installation.
10. Review roof observation and repair procedures after roofing installation.
1.4 ACTION SUBMITTALS
A. Product Data: For each type of product indicated.
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1. Product Test Reports for Solar Reflectance: For roof materials, indicating that roof materials comply with Solar Reflectance Index requirement.
2. Product Data and Laboratory Test Reports: For adhesives and sealants, indicating compliance with requirements for low-VOC/low-emitting materials.
B. Shop Drawings: For roofing system. Include plans, elevations, sections, details, and attachments to other work. Provide roof plan showing orientation and types of roof deck, orientation of membrane roofing, and fastening spacings and patterns for mechanically fastened components.
1. Base flashings and built-up terminations.
a. Indicate details meet requirements of NRCA and FMG required by this Section.
2. Tapered insulation, including slopes.
3. Crickets, saddles, and tapered edge strips, including slopes.
4. Insulation fastening patterns for corner, perimeter, and field-of-roof locations.
5. Membrane fastening or adhesion requirements.
C. Samples for Verification: For the following products:
1. Sheet roofing materials, of color specified for exposed material.
2. Metal termination bars.
3. Walkway materials.
D. Wind Uplift Resistance Submittal: For roofing system, indicating compliance with wind uplift performance requirements.
1.5 INFORMATIONAL SUBMITTALS
A. Contractor's Product Certificate: Submit notarized certificate, indicating products intended for Work of this Section, including product names and numbers and manufacturers? names, with statement indicating that products to be provided meet the requirements of the Contract Documents.
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B. Qualification Data: For Installer, Manufacturer, and Roofing Inspector.
1. Include letter from Manufacturer written for this Project indicating approval of Installer.
C. Manufacturer Certificates: Signed by roofing manufacturer certifying that roofing system complies with requirements specified in "Performance Requirements" Article.
1. Submit evidence of compliance with performance requirements. a. Include: UL listing certificate.
2. Product Compatibility: Indicate manufacturer has verified compatibility of roofing system components, including but not limited to: Roofing membrane, flashing sheets, adhesives and sealants.
D. Product Test Reports: Based on evaluation of comprehensive tests performed by manufacturer and witnessed by a qualified testing agency, for components of built-up roofing.
E. Warranties: Unexecuted sample copies of special warranties.
F. Field Quality Control Reports: Reports of Roofing Inspector. Include weather conditions, description of work performed, tests performed, defective work observed, and corrective actions required and carried out.
1. Submit reports within 48 hours after inspection.
1.6 CLOSEOUT SUBMITTALS
A. Maintenance Data: To include in maintenance manuals.
B. Warranties: Executed copies of warranties.
1.7 QUALITY ASSURANCE
A. Installer Qualifications: An employer of workers trained and certified by manufacturer, including a full-time on-site supervisor with a minimum of five years' experience installing products comparable to those specified, able to communicate verbally with Contractor, and employees, and qualified by the manufacturer to install manufacturer's product and furnish warranty of type specified.
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B. Manufacturer Qualifications: Approved manufacturer with UL listed roofing systems comparable to those specified for this Project, with minimum five years' experience in manufacture of comparable products in successful use in similar applications, and able to furnish warranty with provisions matching specified requirements.
1. Approval of Other Manufacturers and Comparable Products: Submit the following in accordance with project substitution requirements, within time allowed for substitution review:
a. Product data, including certified independent test data indicating compliance with requirements.
b. Samples of each component.
c. Sample submittal from similar project.
d. Project references: Minimum of five installations of specified products not less than five years old, with Owner contact information. e. Sample warranty.
2. Substitutions following award of contract are not allowed except as stipulated in Division 01 General Requirements.
3. Approved manufacturers must meet separate requirements of Submittals Article.
C. Roofing Inspector Qualifications: A technical representative of manufacturer not engaged in the sale of products and experienced in the installation and maintenance of the specified roofing system, qualified to perform roofing observation and inspection specified in Field Quality Control Article, to determine Installer's compliance with the requirements of this Project, and approved by the manufacturer to issue warranty certification. The Roofing Inspector shall be one of the following:
1. An authorized full
-time technical employee of the manufacturer.
2. An independent party certified as a Registered Roof Observer by the International Institute of Building Enclosure Consultants (formerly the Roof Southland Roofing Inc.
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Consultants Institute) retained by the Contractor or the Manufacturer and approved by the Manufacturer.
D. Manufacturer's Installation Instructions: Obtain and maintain on-site manufacturer's written recommendations and instructions for installation of products.
1.8 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, approval or listing agency markings, and directions for storing and mixing with other components.
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.
1.9 PROJECT / FIELD CONDITIONS
A. Weather Limitations: Proceed with installation only when existing and forecasted weather conditions permit roofing system to be installed according to manufacturer's written instructions and warranty requirements.
B. Daily Protection: Coordinate installation of roofing so insulation and other components of roofing system not permanently exposed are not subjected to precipitation or left uncovered 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 and insulation with a course of roofing sheet securely in place with joints and edges sealed.
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2. Complete terminations and base flashings and provide temporary seals to prevent water from entering completed sections of roofing.
3. Remove temporary plugs from roof drains at end of each day.
4. Remove and discard temporary seals before beginning work on adjoining roofing.
1.10 WARRANTY
A. Manufacturer's Warranty: Roof System Manufacturer's standard form in which Manufacturer agrees to repair or replace components of roofing system that fail in materials or workmanship within warranty period, as follows.
1. Form of Warranty: Manufacturer's standard warranty form.
2. Scope of Warranty: Work of this Section and including sheet metal details and termination details installed by the roof system Installer and approved by the Roof System Manufacturer.
3. Warranty Period: 20 years from date of completion.
B. Manufacturer Inspection Services: By manufacturer's technical representative, to report maintenance responsibilities to Owner necessary for preservation of Owner's warranty rights.
The cost of manufacturer's inspections is included in the Contract Sum.
1. Inspections to occur in following years: 2, 5, 10, 15 following completion.
C. Installer Warranty: Installer's warranty signed by Installer, as follows.
1. Form of Warranty: Form acceptable to Roofing Manufacturer and Owner.
2. Scope of Warranty: Work of this Section.
3. Warranty Period: 2 years from date of completion.
PART 2 - PRODUCTS
2.1 MANUFACTURERS
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A. Basis of Design: The roof system specified in this Section is based upon products of Tremco CPG Inc, Beachwood, OH, (800) 562-2728, www.tremcoroofing.com that are named in other Part 2 articles. Provide specified products or pre-approved equivalents.
1. Manufacturers of comparable products: Approved by Owner or Owner's Consultant prior to bid.
B. Source Limitations: Obtain components for roofing system from same manufacturer as membrane roofing or manufacturer approved by membrane roofing manufacturer.
2.2 PERFORMANCE REQUIREMENTS
A. General Performance: Installed membrane roofing and base flashings shall withstand specified uplift pressures, thermally induced movement, and exposure to weather without failure due to defective manufacture, fabrication, installation, or other defects in construction.
Membrane roofing and base flashings shall remain watertight.
1. Accelerated Weathering: Roofing system shall withstand 2000 hours of exposure when tested according to ASTM G152, ASTM G154, or ASTM G155.
2. Impact Resistance: Roof membrane shall resist impact damage when tested according to ASTM D3746/D3746M, ASTM D4272/D4272M, or the "Resistance to Foot Traffic Test" in FM Approvals 4470.
B. Flashings and Fastening: Provide base flashings, perimeter flashings, detail flashings and component materials and installation techniques that comply with requirements and recommendations of the following:
1. FM Global 1
-49: Loss Prevention Data Sheet for Perimeter Flashings.
2. FM Global 1
-29: Loss Prevention Data Sheet for Above Deck Roof Components.
3. NRCA Roofing Manual (Sixth Edition) for construction details and recommendations.
4. SMACNA Architectural Sheet Metal Manual (Seventh Edition) for construction details.
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C. Exterior Fire
-Test Exposure: ASTM E 108, Class A; for application and roof slopes indicated, as determined by testing identical membrane roofing materials by a qualified testing agency. Materials shall be identified with appropriate markings of applicable testing agency.
D. Solar Reflectance Index: Not less than 78 when calculated according to ASTM E 1980, based on testing identical products by a qualified testing agency.
E. Energy Performance: Roofing system shall have an initial solar reflectance index of not less than 0.70 and an emissivity of not less than 0.75 when tested according to CRRC-1.
2.3 MATERIALS, GENERAL
A. Material Compatibility: Roofing materials shall be compatible with one another and adjacent materials under conditions of service and application required, as demonstrated by roof membrane manufacturer based on testing and field experience.
2.4 ROOFING MEMBRANE MATERIALS
A. Base-Ply Sheet:
1. SBS-modified asphalt coated composite polyester / fiberglass/fiberglass mat reinforced high tensile strength base sheet, ASTM D4601 Type II. a. Basis of design product: Tremco, BURmastic Composite Ply HT. b. Tensile Strength at 77 deg. F (25 deg. C), minimum, ASTM D5147:
Machine direction, 165 lbf/in (725 N); Cross machine direction, 150 lbf/in (660 N).
c. Tear Strength at 77 deg. F (25 deg. C), minimum, ASTM D5147: Machine direction, 260 lbf (1150 N); Cross machine direction, 230 lbf ( 1120 N). d. Thickness, minimum, ASTM D5147: 0.060 inch (1.5 mm).
B. Hybrid System Asphalt (Glass
-Fiber) Ply Sheets:
1.Asphalt and glass-fiber roofing base and ply sheet for cold-applied built-up roofing systems, non-perforated, asphalt-impregnated and coated, ASTM D4601 Type II.
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a. Basis of design product: Tremco, BURmastic Glass Ply. b. Breaking Strength, minimum, ASTM D146: Machine direction, 90 lbf/in (15 kN/m); Cross machine direction, 70 lbf/in (12 kN/m). c. Pliability, 1/2 inch (13 mm) radius bend, ASTM D146: No failures. d. Weight, ASTM D228: 33 lb/100 sq. ft. (1.6 kg/m2).
C. SBS Modified Bituminous Membrane Granular
-Surfaced Cap Sheet:
1. SBS-modified asphalt-coated glass-fiber-reinforced sheet, granular surfaced, ASTM D6163 Type I Grade G.
a. Basis of design product: Tremco, POWERply Standard FR. b. Exterior Fire
-Test Exposure, ASTM E108: Class A.
c. Tensile Strength at 77 deg. F (25 deg. C), minimum, ASTM D5147:
Machine direction 80 lbf/in (14 kN/m); Cross machine direction 75 lbf/in (13 kN/m).
d. Tear Strength at 77 deg. F (25 deg. C), minimum, ASTM D5147: Machine direction, 100 lbf (460 N); Cross machine direction 108 lbf (480 N). e. Elongation at 77 deg. F (25 deg. C), minimum, ASTM D5147: Machine direction 7 percent; Cross machine direction 8 percent. f. Low Temperature Flex, maximum, ASTM D5147:
-15 deg. F (-26 deg. C).
g. Thickness, minimum, ASTM D5147: 0.120 inch (3.0 mm).
D. Flashing Sheet:
1. Thermoplastic PVC/TPA sheet, internally fabric reinforced, Energy Star qualified, CRRC listed, and California Title 24 Energy Code compliant, ASTM D4434 Type IV. a. Basis of design product: Tremco, TPA Single Ply Roof Membrane.
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b. Tensile Strength at 0 deg. F (
-18 deg. C), minimum, ASTM D751: 300 lbf/in
(1330 N).
c. Tear Strength at 77 deg. F (25 deg. C), minimum, ASTM D751: 100 lbf (440 N).
d. Elongation at 0 deg. F (
-18 deg. C), minimum at fabric break, ASTM D751:
25 percent machine direction, 25 percent cross-machine direction. e. Minimum Thickness, nominal, ASTM D751: 0.045 in (1.1 mm). f. Color: White.
g. Solar Reflectance Index (SRI), ASTM E1980: 108 (White, initial) 84 (White, 3- year aged).
h. Recycled Content, minimum: 25 percent pre
-consumer.
E. Fluid-Applied Flashing Material:
1. Primer for Non-Porous Surfaces: Single-part, water based primer to promote adhesion of urethanes to metals, PVC and other non-porous surfaces. a. Basis of design product: Tremco, AlphaGuard M
-Prime.
b. Volatile Organic Compounds (VOC), maximum, ASTM D3960: 22 g/L. c. Nonvolatile Content, minimum, ASTM D2369: 5 percent. d. Density at 77 deg F (25 deg C): 8.3 lb/gal (1kg/L).
2. Polyurethane Roof Coating System Base Coat: Bio
-based, low-odor low-VOC two-
part, for use with a compatible top coat.
a. Basis of design product: Tremco, AlphaGuard BIO Base Coat. b. Combustion Characteristics, UL 790: Maintains combustion characteristics of existing roof system.
c. Volatile Organic Compounds (VOC), maximum, ASTM D3960: 1 g/L.
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d. Accelerated Weathering, 5000 hours, ASTM G154: Pass. e. Hardness, Shore A, minimum, ASTM D2240: 80.
f. Solids, by volume, ASTM D2697: 100 percent.
g. Bio-Based Content, Minimum: 70 percent.
h. Minimum Thickness, Base Coat reinforced over Granular Surfaced MB: 64 mils (1.62 mm) wet.
3. Polyurethane roof coating system top coat, bio-based low-odor low-VOC two- part, for application over compatible base coat.
a. Basis of design product: Tremco, AlphaGuard BIO Top Coat. b. Combustion Characteristics, UL790: Maintains combustion characteristics of existing roof system.
c. Volatile Organic Compounds (VOC), maximum, ASTM D3960: 6 g/L. d. Solar Reflectance Index (SRI), ASTM E1980: For white, not less than 103. e. Accelerated Weathering, 5000 hours, ASTM G 154: Pass. f. Hardness, Shore A, minimum, ASTM D2240: 81.
g. Solids, by volume, ASTM D2697: 100 percent.
h. Bio-Based Content, Minimum: 60 percent.
i. Minimum Thickness, reinforced system: 32 mils (0.81 mm) wet. j. Color: White.
4. Polyester Reinforcing and Protection Fabric: 100 percent stitch -bonded mildew-
resistant polyester fabric intended for reinforcement of compatible fluid-applied membranes and flashings and as a protection layer under pavers or stone aggregates.
a. Basis of design product: Tremco, Permafab.
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b. Tensile Strength, Minimum, ASTM D1682: 50 lbf (23 kg) avg.. c. Elongation, Minimum, ASTM D1682: 60 percent.
d. Tear Strength, Minimum, ASTM D1117: 16 lbf (7.3 kg) avg.. e. Weight: 3 oz./sq. yd (102 g/sq. m).
2.5 COL
D-APPLIED ADHESIVE MATERIALS
A. General: Adhesive and sealant materials recommended by roofing system manufacturer for intended use and compatible with roofing membrane.
1. Liquid
-type auxiliary materials shall comply with VOC limits of authorities having jurisdiction.
B. Base-Ply Sheet Adhesive:
1. Cold-applied roofing adhesive and surfacer, one
-part, formulated for
compatibility and use with specified roofing membranes and flashings. a. Basis of design product: Tremco, POWERply Standard Cold Adhesive. b. Volatile Organic Compounds (VOC), maximum, ASTM D6511: 250 g/L. c. Nonvolatile Content, minimum, ASTM D6511: 72 percent. d. Flash Point, minimum, ASTM D93: 100 deg F (38 deg C).
C. Asphalt (Glass
-Fiber) Ply Sheet Adhesive:
1. Cold-applied roofing adhesive and surfacer, one
-part, formulated for
compatibility and use with specified roofing membranes and flashings. a. Basis of design product: Tremco, POWERply Standard Cold Adhesive. b. Volatile Organic Compounds (VOC), maximum, ASTM D6511: 250 g/L. c. Nonvolatile Content, minimum, ASTM D6511: 72 percent.
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d. Flash Point, minimum, ASTM D93: 100 deg F (38 deg C).
D. Modified Bituminous Cap Sheet Adhesive:
1. Cold-applied roofing adhesive and surfacer, one-part, formulated for compatibility and use with specified roofing membranes and flashings. a. Basis of design product: Tremco, POWERply Standard Cold Adhesive. b. Volatile Organic Compounds (VOC), maximum, ASTM D6511: 250 g/L. c. Nonvolatile Content, minimum, ASTM D6511: 72 percent. d. Flash Point, minimum, ASTM D93: 100 deg F (38 deg C).
E. Flashing Sheet Adhesive:
1. Bonding adhesive, contact
-type solvent-based low VOC, for bonding TPA non-
fleece- backed single ply membranes and flashings to substrates. a. Basis of design product: Tremco, TPA LV Single Ply Bonding Adhesive. b. VOC, maximum, ASTM D3960: 200 g/L.
2.6 AUXILIARY ROOFING MATERIALS
A. General: Auxiliary materials recommended by roofing system manufacturer for intended use and compatible with roofing membrane.
B. Asphalt Roofing Cement / Mastic:
1. Seam Sealer: Aliphatic polyurethane sealer, single
-component, moisture curing,
high solids, low-VOC, formulated for compatibility and use with specified roofing substrates.
a. Basis of design product: Tremco, SOLARGARD Seam Sealer. b. Volatile Organic Compounds (VOC), maximum, ASTM D3960: 75 g/L. c. Tensile Strength, ASTM D412: 270 psi (1860 kPa).
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d. Tear Strength, ASTM D412: 35 pli (6 kN/m).
e. Elongation, ASTM D412: 700 percent.
f. Color: White.
C. Stripping Adhesive / Sealer:
1. Cold-applied roofing surfacing adhesive, one
-part white solar reflective low-
volatile polymeric, formulated for compatibility and use with specified roofing membranes and flashings.
a. Basis of design product: Tremco, Rock
-It Adhesive.
b. Volatile Organic Compounds (VOC), maximum, ASTM D6511: 250 g/L. c. Nonvolatile content, minimum ASTM D6511: 70 percent.
D. Stripp
ing Reinforcing Fabric:
1. Woven Glass Fiber Mesh, Vinyl
-Coated: Non-shrinking, non-rotting, vinyl-coated
woven glass mesh for reinforcing flashing seams, membrane laps, and other roof system detailing.
a. Basis of design product: Tremco, BURmesh.
b. Tensile strength, 70 deg. F, min ASTM D146: Warp, 65 lbf/in (285 N); fill, 75 lbf/in (310 N).
c. Color: Aqua green.
E. Joint Sealant: Elastomeric joint sealant compatible with roofing materials, with movement capability appropriate for application.
1.Joint Sealant, Polyurethane: ASTM C920, Type S, Grade NS, Class 50 single -
component moisture curing sealant, formulated for compatibility and use in dynamic and static joints; paintable.
a. Basis of design product: Tremco, TremSEAL Pro.
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b. Volatile Organic Compounds (VOC), maximum, ASTM D3960: 40 g/L. c. Hardness, Shore A, ASTM C661: 40.
d. Adhesion to Concrete, ASTM C794: 35 pli.
e. Tensile Strength, ASTM D412: 350 psi (2410 kPa).
f. Color: White.
F. Fasteners: Factory-coated steel fasteners and metal plates meeting corrosion-resistance provisions in FMG 4470, designed for fastening roofing components to substrate, tested by manufacturer for required pullout strength, and acceptable to roofing system manufacturer.
G. Miscellaneous Accessories: Provide miscellaneous accessories recommended by roofing system manufacturer.
2.7 ROOF INSULATION MATERIALS
A. Roof Insulation, General: Preformed roof insulation boards manufactured or approved by roofing manufacturer, selected from manufacturer's standard sizes suitable for application, of thicknesses indicated.
1. Provide preformed saddles, crickets, tapered edge strips, and other insulation shapes where indicated for sloping to drain. Fabricate to slopes indicated, not less than two times the roof slope.
B. Roof Insulation:
1. Board Insulation, Polyisocyanurate: CFC- and HCFC- free, with recycled content glass- fiber mat facer on both major surfaces, ASTM C1289 Type II Class 1. a. Compressive Strength, ASTM D1621: Grade 3: 25 psi (172 kPa). b. Conditioned Thermal Resistance at 75 deg. F (24 deg. C): 14.4 at 2.5 inches (50.8 mm) thick.
2.8 ROOF INSULATION ACCESSORIES
A. Insulation Cover Board:
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1. Gypsum panel, glass
-mat-faced, primed, ASTM C1177/C1177M.
a. Basis of design product: Tremco/GP Gypsum DensDeck Prime. b. Thickness: 1/4 inch (6 mm).
B. Roof Insulation Adhesive:
1. Urethane adhesive, bead
-applied, low-rise two-component solvent-free low
odor, formulated to adhere roof insulation to substrate. a. Flame Spread Index, ASTM E84: 10.
b. Smoke Developed Index, ASTM E84: 30.
c. Volatile Organic Compounds (VOC), maximum, ASTM D3960: 0 g/L. d. Tensile Strength, minimum, ASTM D412: 250 psi (1720 kPa). e. Peel Adhesion, minimum, ASTM D903: 17 lbf/in (2.50 kN/m). f. Flexibility, 70 deg. F (39 deg. C), ASTM D816: Pass.
C. Insulation Cant Strips: ASTM C208, Type II, Grade 1, cellulosic-fiber insulation board.
D. Tapered Edge Strips: ASTM C208, Type II, Grade 1, cellulosic -fiber insulation board.
E. Substrate Joint Tape: 6- or 8
-inch- (150- or 200-mm-) wide, coated, glass fiber.
F. Insulation Fasteners: Factory
-coated steel fasteners and metal plates complying with corrosion- resistance provisions in FM Approvals 4470, designed for fastening roof insulation and cover boards to substrate, and acceptable to roofing system manufacturer.
2.9 SURFACING MATERIALS
A. Acrylic Emulsion Coating Material:
1. Acrylic Roof Coating, Highly
-Reflective Elastomeric: ASTM D6083, applied as base
coat plus finish coat over prepared and primed roof surfaces.
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a. Basis of design product: Tremco, Solargard 6083 Base and Top Coat. b. Solar Reflectance Index (SRI), white, ASTM E1980: 105 initial; 100 aged. c. Volatile Organic Compounds (VOC), maximum, ASTM D3960: 50 g/L. d. Tensile Strength at 73 deg. F (23 deg. C), minimum, ASTM D2370: 250 psi (1700 kPa).
e. Elongation at 73 deg. F (23 deg. C), minimum, ASTM D2370: 350 percent. f. Flexibility at -15 deg F (-26 deg C), ASTM D522: Pass 1/2 inch mandrel bend after 1000 hrs. accelerated weathering.
g. Solids by weight, minimum ASTM D1644: 60 percent.
h. Solids by volume, minimum ASTM D2697: 50 percent.
i. Color, Top Coat: White.
j. Minimum Thickness over BUR and MB: 24 mils (0.60 mm) wet each coat for base and finish coats.
2.10 WALKWAYS
A. Walkway Material:
1. Walkway pads, ceramic
-granule-surfaced reinforced asphaltic composition slip- resisting pads, manufactured as a traffic pad for foot traffic, 1/2 inch (13 mm) thick minimum.
a. Basis of design product: Tremco, Trem
-Tred.
b. Flexural Strength at max. load, minimum, ASTM C203: 218 psi (1.5 kPa). c. Granule adhesion (weight loss), maximum, ASTM D4977: 1.1 gram. d. Impact Resistance at 77 deg. F (25 deg. C), ASTM D3746: No Damage to Roof.
e. Pad Size: 36 by 48 inch (914 by 1220 mm).
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PART 3 - EXECUTION
3.1 EXAMINATION
A. Examine substrates, areas, and conditions, with Installer present, for compliance with the following requirements and other conditions affecting performance of roofing system:
1. Verify that roof openings and penetrations are in place and curbs are set and braced and that roof drain bodies are securely clamped in place.
2. Steel Roof Deck:
a.Verify that deck is securely fastened with no projecting fasteners and with no adjacent units in excess of 1/16 inch (1.6 mm) out of plane relative to adjoining deck.
B. Verify that substrate is sound and dry.
C. Proceed with installation only after unsatisfactory conditions have been corrected.
3.2 PREPARATION
A. Clean substrate of dust, debris, moisture, and other substances detrimental to roofing installation according to roofing system manufacturer's written instructions. Remove sharp projections.
B. Prevent materials from entering and clogging roof drains and conductors and from spilling or migrating onto surfaces of other construction. Remove roof-drain plugs when no work is taking place or when rain is forecast.
3.3 INSTALLATION, GENERAL
A. Install roofing system in accordance with manufacturer’s written instructions, approved shop drawings, and Contract Documents.
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C. Install roof membrane and auxiliary materials to tie in to existing roofing to maintain weathertightness of transition.
3.4 ROOFING INSTALLATION DETAILS
A. NRCA Installation Details: Install roofing system in accordance with applicable NRCA Manual Plates and NRCA recommendations; modify as required to comply with manufacturer's approved details and perimeter fastening requirements of FM Global references if applicable.
3.5 BASE SHEET INSTALLATION
A. Loosely lay, lapping edges and ends a minimum of 2 inches and 6 inches (50 mm and 150 mm), respectively.
B. Install lapped base
-sheet course, extending sheet over and terminating beyond cants.
Attach base sheet as follows:
1. Adhere to substrate in cold-applied adhesive.
3.6 INSULATION INSTALLATION
A. Comply with roofing manufacturer's written instructions for installing roof insulation.
B. Coordinate installing membrane roofing system components, so insulation is not exposed to precipitation or left exposed at the end of the workday C. Cant Strips: Install and secure preformed 45
-degree cant strips at junctures of built-up
roofing with vertical surfaces or angle changes greater than 45 degrees.
D. Tapered Insulation and Crickets: Install tapered insulation under area of roofing to conform to slopes indicated.
1. Where crickets are indicated or required to provide positive slope to drain, make slope of crickets minimum of two times the roof slope, not less than 1/4 inch in 12 inches (1:48).
E. Install insulation with long joints of insulation in a continuous straight line with end joints staggered between rows, abutting edges and ends between boards. Fill gaps exceeding 1/4 inch (6 mm) with insulation.
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1. Cut and fit insulation within 1/4 inch (6 mm) of nailers, projections, and penetrations.
F. Install insulation under area of roofing to achieve required thickness. Where overall insulation thickness is 2.7 inches (70 mm) or greater, install two or more layers with joints of each succeeding layer staggered from joints of previous layer a minimum of 6 inches (150 mm) in each direction.
1. Flat Insulation System on Sloped Roof Deck: Install insulation to match existing.
2. Insulation Drain Sumps: Tapered insulation sumps, not less than 2 by 2 ft. (600 by 600 mm), sloped to roof drain; sump to maximum depth of not more than 1 inch (25 mm) less than the Project-stipulated continuous insulation thickness based upon code requirements.
G. Trim surface of insulation where necessary at roof drains so completed surface is flush and does not restrict flow of water.
H. Install tapered edge strips at perimeter edges of roof that do not terminate at vertical surfaces.
I. Adhered Insulation Application Method: Install each layer of insulation and adhere to substrate as follows:
1. Set each layer of insulation in ribbons of bead
-applied insulation adhesive, firmly
pressing and maintaining insulation in place.
J. Mechanically Fastened Insulation Application Method: Install each layer of insulation and secure to deck using mechanical fasteners specifically designed and sized for fastening specified board-type roof insulation to deck type.
1. Fasten insulation to resist uplift pressure at corners, perimeter, and field of roof.
K. Mechanically Fastened and Adhered Insulation Application Method: Install first layer of insulation to deck using mechanical fasteners specifically designed and sized for fastening specified board-type roof insulation to deck type.
1. Fasten first layer of insulation to resist uplift pressure at corners, perimeter, and field of roof.
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2. Set each subsequent layer of insulation in ribbons of bead -applied insulation
adhesive, firmly pressing and maintaining insulation in place.
L. Install cover boards over insulation with long joints in continuous straight lines with end joints staggered between rows. Offset joints of insulation below a minimum of 6 inches (150 mm) in each direction. Loosely butt cover boards together. Tape joints if required by roofing manufacturer.
1. Fasten cover boards to resist uplift pressure at corners, perimeter, and field of roof.
2. Set cover board in ribbons of bead-applied insulation adhesive, firmly pressing and maintaining cover in place.
3.7 COL
D-APPLIED ROOFING MEMBRANE INSTALLATION, GENERAL
A. Install roofing membrane system according to roofing system manufacturer's written instructions and applicable recommendations in NRCA's "Quality Control and Quality- assurance Guidelines for the Application of Membrane Roofing" and as follows:
1. Base-Ply Sheet: One.
a. Adhering Method: Cold
-adhesive applied.
2. Number of Asphalt (Glass
-Fiber) Ply Sheets: One.
a. Adhering Method: Cold
-adhesive applied.
3. Granular
-Surfaced SBS-Modified Asphalt Cap Sheet:
a. Adhering Method: Cold
-adhesive applied.
B. Start installation of roofing membrane in presence of roofing system manufacturer's technical personnel.
C. Cooperate with testing agencies engaged or required to perform services for installing roofing system.
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D. Coordinate installation of roofing system so insulation and other components of the roofing membrane system not permanently exposed are not subjected to precipitation or left uncovered at the end of the workday or when rain is forecast.
1. Provide tie-offs at end of each day's work configured as recommended by NRCA Roofing Manual Appendix: Quality Control Guidelines - Insulation to protect new roofing.
2. Complete terminations and base flashings and provide temporary seals to prevent water from entering completed sections of roofing.
3. Remove temporary plugs from roof drains at end of each day.
4. Remove and discard temporary seals before beginning work on adjoining roofing.
E. Substrate
-Joint Penetrations: Prevent roofing asphalt and adhesives from penetrating substrate joints, entering building, or damaging roofing system components or adjacent building construction.
3.8 BASE-PLY SHEET INSTALLATION
A. Loosely lay, lapping edges and ends a minimum of 2 inches and 6 inches (50 mm and 150 mm), respectively.
B. Install lapped modified bituminous roofing membrane base -ply sheet according to
roofing manufacturer's written instructions, starting at low point of roofing system. Extend roofing membrane sheets over and terminate beyond cants, installing as follows:
1. Adhere to substrate in cold
-applied adhesive.
3.9 HYBRID SYSTEM PLY SHEET INSTALLATION
A. Install glass
-fiber ply sheets according to roofing system manufacturer's written instructions starting at low point of roofing system. Align glass-fiber ply sheets without stretching. Extend sheets over and terminate beyond cants.
1. Embed each ply sheet in cold-applied membrane adhesive applied at rate required by roofing manufacturer, to form a uniform membrane without ply sheets touching.
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3.10 SBS
-MODIFIED BITUMINOUS MEMBRANE INSTALLATION
A. Install modified bituminous roofing membrane cap sheet according to roofing manufacturer's written instructions, starting at low point of roofing system. Extend roofing membrane sheets over and terminate beyond cants, installing as follows:
1. Unroll roofing membrane sheets and allow them to relax for minimum time period required by manufacturer.
2. Embed each sheet in cold
-applied membrane adhesive applied at rate required
by roofing manufacturer.
B. Laps: Accurately align roofing membrane sheets, without stretching, and maintain uniform side and end laps. Stagger end laps. Install roofing membrane sheets so side and end laps shed water. Completely bond and seal laps, leaving no voids.
1. Repair tears and voids in laps and lapped seams not completely sealed.
2. Granular Cap Sheet Laps: Apply roofing granules to cover exuded bead at laps.
3.11 FLASHING AND STRIPPING INSTALLATION
A. Base Flashing Installation, General: Install base flashing over cant strips and other sloped and vertical surfaces, at roof edges, and at penetrations through roof; secure to substrates according to roofing system manufacturer's written instructions, and as follows:
1. Extend base flashing up walls or parapets a minimum of 12 inches (300 mm) above modified bituminous roofing and 6 inches (150 mm) onto field of built-up roofing.
2. Prime substrates with primer if required by roofing system manufacturer.
B. Flashing Sheet Installation: Adhere flashing sheet to substrate in cold -applied adhesive.
Apply cold-applied flashing sheet adhesive to back of flashing sheet if recommended by roofing manufacturer.
1. Flashing Sheet Top Termination: Mechanically fasten top of base flashing securely at terminations and perimeter of roofing.
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a. Seal top termination of base flashing with a metal termination bar and a continuous bead of joint sealant. Must install termination bar every 3' up of parapet walls. Then fully encapsulate termination bar(s) with same single ply membrane by heat welding.
2. Flashing Sheet Bottom Termination: Adhere flashing sheet to roofing membrane in continuous bed of cold-applied adhesive.
a. Bituminous Flashing: Seal bottom termination of base flashing by adhering to roofing membrane and and stripping flashing to membrane joint.
b. Elastomeric Flashing Sheet: Heat weld vertical flashing joints. Seal bottom termination of base flashing by adhering to roofing membrane with cold- applied adhesive and sealing flashing-to-membrane joint with joint sealant.
C. Fluid-Applied Flashing Application: Apply base coat with embedded fabric reinforcement and top coat at penetrations and drains in accordance with manufacturer's written instructions.
1. Apply base coat to achieve minimum wet mil coating thickness indicated in Part 2 product listing, unless greater thickness is recommended by manufacturer, only after the cold adhesive has cured a minimum of 28 days.
2. Apply top coat over flashing base coat and spread coating evenly to achieve minimum wet mil coating thickness indicated in Part 2 product listing, unless greater thickness is recommended by manufacturer.
D. Install roofing membrane cap
-sheet stripping where metal flanges and edgings are set on membrane roofing according to roofing system manufacturer's written instructions.
E. Install stripping, according to roofing manufacturer's written instructions, where metal flanges and edgings are set on modified bituminous membrane roofing.
F. Flashin
g-Sheet Stripping: Install flashing-sheet stripping in a continuous coating of compatible mastic/adhesive sealer, as recommended by roofing manufacturer, and extend onto roofing membrane. Apply number of courses recommended by manufacturer.
G. Roof Drains: Set 30 by 30 inch (760 by 760 mm) square metal flashing in bed of compatible mastic/adhesive sealer on completed roofing membrane. Cover metal flashing with Southland Roofing Inc.
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roofing membrane cap sheet stripping and extend a minimum of 6 inches (150 mm) beyond edge of metal flashing onto field of roofing membrane. Clamp roofing membrane, metal flashing, and stripping into roof-drain clamping ring.
1. Install stripping according to roofing system manufacturer's written instructions.
2. Install (2) part polyurethane restoration system as specified in flashing section into drain.
3.12 SURFACING AND COATING INSTALLATION
A. Acrylic Emulsion Coating over Cold-Applied Surfacing:
1. Coat roofing membrane surface with cold
-applied adhesive surfacing adhesive
applied at rate required by roofing manufacturer.
2. Apply acrylic emulsion coating to prepared roofing membrane, with number of coats, thickness of application, and application method as recommended in writing by coating manufacturer.
3.13 WALKWAY INSTALLATION
A. Walkways, General: Install walkways according to roofing manufacturer's written instructions.
1. Install walkways at following locations:
a. Between each rooftop unit location, creating a continuous path connecting rooftop unit locations.
B. Walkway Pads: Install walkway pads using units of size indicated or, if not indicated, of manufacturer's standard size according to walkway pad manufacturer's written instructions.
1. Sweep away loose aggregate surfacing.
2. Set walkway pads in cold
-applied adhesive.
3.14 FIELD QUALITY CONTROL
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A. Final Roof Inspection: Arrange for roofing system manufacturer's technical personnel to inspect roofing installation at commencement and upon completion.
1. Notify Owner 48 hours in advance of date and time of inspection.
B. Repair or remove and replace components of built
-up roofing where test results or
inspections indicate that they do not comply with specified requirements.
1. Additional testing and inspecting, at Contractor's expense, will be performed to determine if replaced or additional work complies with specified requirements.
3.15 PROTECTING AND CLEANING
A. Protect roofing system from damage and wear during remainder of construction period.
When remaining construction will not affect or endanger roofing, inspect roofing for deterioration and damage, describing its nature and extent in a written report, with copies to Owner.
B. Correct deficiencies in or remove roofing system that does not comply with requirements, repair substrates, and repair or reinstall roofing system to a condition free of damage and deterioration at time of Substantial Completion and according to warranty requirements.
C. Clean overspray and spillage from adjacent construction using cleaning agents and procedures recommended by manufacturer of affected construction.
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NOTICE INVITING BIDS for
City Hall Roof Replacement
in the
City of Vernon
One original sealed bid must be signed and submitted prior to 2:00 p.m., August 22, 2023, to the City Clerk’s Office, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058, (“Bid Deadline”).
All bids shall be enclosed in sealed envelopes, distinctly marked “Bid” with the title of the bid and the bidder’s name and address appearing on the outside.
Bids shall be clearly titled and should be mailed or delivered in person before 2:00 p.m. on the Bid Deadline. LATE SUBMITTALS WILL NOT BE ACCEPTED. Bids will be opened in the City Clerk’s Office at 2:00 pm on August 22, 2023. At the bid opening, the City Clerk shall open bid packages and acknowledge the receipt of Bids. Once all Bid Packages are opened and announced, the contents (collectively, the “Completed Bid Forms” and the uncompleted forms, the “Bid Forms”) will be made available for public review. Except as set forth in Paragraph 22 (“Public Records”), the Completed Bid Forms, once removed from the Bid Packages by the City Clerk, will be a matter of public record.
Bid Documents, Plans and Specifications are available at no charge at www.cityofvernon.org/planetbids.
Pre-Bid Meeting:
A pre-bid meeting to answer any questions regarding the project plans and specifications is scheduled for 9:00a.m. on August 15, 2023 in the Public Works Department, 4305 Santa Fe Avenue, Vernon, California. This meeting is to answer any questions regarding the project plans and specifications.
Attendees must adhere to the State and local guidelines regarding COVID-19, including applicable industry guidelines for construction sites. Attendance is mandatory.
City of Vernon Contact Person: Public Works Department
Attention: Kenneth Jackson, Facilities Supervisor
Phone: (323) 583-8811 ext. 216
Email: [email protected]
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Mandatory Qualifications for Bidder and Designated Subcontractors:
A Bid may be rejected as non-responsive if the Bidder fails to meet the essential requirements for qualification.
General Scope of Work:
Contractor shall furnish labor, materials, equipment, services, and specialized skills to perform work involved in the Project. The Work in the Bid is defined in the Project Drawings and Specifications and will generally include the following:
Contractor shall furnish labor, materials, equipment, services, and specialized skills to perform work involved in the Project. The Work in the Bid is defined in the Project Drawings and Specifications and will generally include: furnishing all labor, materials, equipment, and services as necessary to remove existing roof system down to insulation layer and install a TREMCO (Spec # 075216.12) SBS Modified Bituminous roof system with a twenty (20) year manufacturer’s warranty to approximately 17,800 square feet or approved equal at the discretion of the City Staff.
The work shall be done in accordance with the Special Provisions attached hereto as Exhibit B.
In the event of any conflicts, refer to the Procedure of Contract Documents” contained in General Conditions, Section 1.10.
Mandatory Qualifications for Bidder and Designated Subcontractors:
A Bid may be rejected as non-responsive if the Bid fails to document that Bidder meets the essential requirements for qualification. As part of the Bidder’s Statement of Qualifications, each Bid must establish that:
Bidder satisfactorily completed at least three (3) prevailing wage public contracts in California; each comparable in scope and scale to this Project, within three (3) years prior to the Bid Deadline and with a dollar value in excess of the Bid submitted for this Project. In addition, if the Bidder intends to self-perform the roofing work, Bidder shall satisfy the mandatory qualifications described in the Specialty Contractor Statement of Qualifications applicable to such Work and submit the completed forms with the Bid.
Subcontractors listed for the roofing Work must satisfy the mandatory qualifications described in the Specialty Contractors’ Statements of Qualifications applicable to the Work to be performed by each Subcontractor and Bidder must submit the completed forms with the Bid.
Other Bidding Information:
1. Contract Time: This Work must be completed within thirty (30) calendar days from the date of commencement as established by the City’s written Notice to Proceed.
2. Amount of Liquidated Damages:$245
per calendarday.
3. Bidding Documents. Bids must be made on the Proposal Form contained herein. 4. Engineer’s Estimate. An Engineer’s Estimate of the cost of construction of this Work has Southland Roofing Inc.
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been prepared. Said estimate is in the range of $
550,000 to $600,000.
5. Acceptance or Rejection of Bids. The City reserves the right to reject any and all bids, to award all or any individual part/item of the bid, and to waive any informalities, irregularities or technical defects in such bids and determine the lowest responsible bidder, whichever may be in the best interests of the City. No late bids will be accepted, nor will any oral, facsimile or electronic bids be accepted by the City. 6. Contractor’s License. At the time of the Bid Deadline and at all times during performance of the Work, including full completion of all corrective work during the Correction Period, Contractor must possess a California contractor’s license or licenses, current and active, of the classification required for the Work, in accordance with the provisions of Chapter 9, Division 3, Section 7000 et seq. of the Business and Professions Code. In compliance with Public Contract Code Section 3300, the City has determined that the Bidder must possess the following license(s): “C-39 – Roofing Contractor.” In addition, if Bidder intends to self-perform removal and replacement of roofing material Work, Bidder must possess the following licenses: C-39 – Roofing Contractor as applicable to such self-performed Work. The Bidder will not receive a Contract award if at the time of submitting the bid, the Bidder is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active. If the City discovers at the time of the Bid Deadline that Contractor is unlicensed, does not have all of the required licenses, or one or more of the licenses are not current and active, the City may reject the Bid, cancel the award, declare the Bid Bond as forfeited, keep the Bid Bond’s proceeds, and exercise any one or more of the remedies in the Contract Documents in addition to those provided by law. 7. Subcontractors’ Licenses and Listing. Bidder s must list each Subcontractor whom the
Bidder must disclose under Public Contract Code Section 4104 (Subcontractor Listing Law), and the Bidder must provide all of the Subcontractor information that Section 4104 requires (name, address, license number, public works contractor registration number issued pursuant to Labor Code Section 1725.5, and portion of the Work). An inadvertent error in the license number or public works contractor registration number will not be considered nonresponsive if corrected within 24 hours after the bid opening. In addition, the City requires the Bidder to list the dollar value of each Subcontractor’s labor or services. The City reserves the right to review and disqualify any proposed Subcontractor. The City’s disqualification of a Subcontractor does not disqualify a Bidder. In such case, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor— without an adjustment of the Bid Amount. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor’s license must be current and active for the portion of the Work listed and shall hold all specialty certifications required for such Work. 8. Bid Forms and Security: Each Bid must be made on the Bid Forms obtainable at the Public Works Department. Each Bid shall be accompanied by a cashier’s check or certified check drawn on a solvent bank, payable to “City of Vernon,” for an amount equal to ten percent (10%) of the total maximum amount of the Bid. Alternatively, a satisfactory corporate surety Bid Bond for an amount equal to ten percent (10%) of the total maximum amount of the Bid may accompany the Bid. Said security shall serve as a guarantee that the successful Bidder will, within fifteen (15) calendar days after the date of the award of the contract, enter into a valid contract with the City for said Work in accordance with the Contract Documents.
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9 . Bid Irrevocability. Bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline. 10. Substitution of Securities. Pursuant to California Public Contract Code Section 22300, substitution of securities for withheld funds is permitted in accordance therewith. 11. Prevailing Wages. This Project is a “public work” as defined in California Labor Code Section 1720. Contractor awarded this Contract and all Subcontractors of any tier shall not pay less than the minimum prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Work. The Director of Industrial Relations of the State of California, pursuant to the California Labor Code, and the rates determined by the California Director of Industrial Relations are available online at www.dir.ca.gov/DLSR/PWD/.
12. Payroll Records. Pursuant to SB 854, Contractor and any Subcontractors shall furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement). 13. Registration with the Department of Industrial Relations (DIR). No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR.
Carlos Fandino
City Administrator
Dated: ___________ (Approved as to form by the City Attorney’s Office) Published: _______
07/13/2023
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City of Vernon
Instructions for Bidders
Project: City Hall Roof Replacement
for the Department Public Works
City personnel with whom prospective bidders will deal with are:
Kenneth Jackson, Facilities Supervisor, Public Works Department, 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 ext. 216
Bid opening date and time: 2:00 pm on August 22, 2023 (“Bid Deadline”).
Bids will be received and opened at the Office of the City Clerk, 4305 Santa Fe Avenue, Vernon, CA 90058.
The bid must be received by the City Clerk’s Office prior to the time set for bid opening. A bid received by the City Clerk’s Office after the time set for the bid opening is a non-responsive bid and shall not be considered.
GENERAL BID REQUIREMENTS
To be considered, a bidder must strictly follow the format for bids in the specifications. Bids must be binding and firm. Any bids may be withdrawn before bid opening, but bids shall remain open and valid for ninety (90) calendar days after the Bid Deadline.
1. CONTRACTORS LICENSE
The Bidder must possess a valid State of California Contractors License and must list type in the classification(s) specified in the Notice Inviting Bids at the time of the Bid Deadline and at all times during the performance of the Work, except as otherwise provided in California Business and Professions Code Section 7028.15.
2. INTERPRETATION OF BIDDING DOCUMENTS, SPECIFICATIONS AND
ADDENDA
A. If any Bidder contemplating submitting a Bid is in doubt as to the true meaning of any part of the Bidding Documents, or who finds discrepancies, errors or omissions therein or who finds variances in any of the Bidding Documents with applicable law, such Bidder shall at once submit a written request for an interpretation or correction thereof to the City’s representative identified in the Notice Inviting Bids, or other designated individual. All Bidders shall submit such written requests to City not less than ten (10) calendar days prior to the Bid Deadline. The person or entity submitting the request shall be responsible for its prompt delivery to City’s Contact Person identified in the Notice Inviting Bids.
Any interpretation or correction will be made only by Addendum issued by the City and a copy of such Addendum will be delivered to all Interested Bidders of record.
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Any Addenda so issued must be acknowledged in the Bid and the cost of performing Work described in the Addenda shall be included in the Bid. Bidder’s failure to acknowledge receipt of all Addenda may result in rejection of the Bid as nonresponsive. No person is authorized to render an oral interpretation or correction of any Bidding Documents and no Bidder may rely on any such oral interpretation or correction issued by the City. The City shall not be responsible for any other explanation or interpretation of the Drawings or Specifications, or for any oral instructions. City reserves the right to extend the Bid Deadline by issuing an Addendum to Interested Bidders no later than 72 hours prior to the Bid Deadline.
Bidders shall use complete sets of Bidding Documents in preparing Bids; City shall not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.
B. Addenda will be made available for inspection at
www.cityofvernon.org/planetbids. Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued and the Bidder shall acknowledge their receipt in the Bid.
3. OBTAINING DRAWINGS AND DOCUMENTS
Bidder may secure Bidding Documents only from the location specified in the Notice Inviting Bids. City will maintain a list of persons who obtained a copy of these Specifications (“Interested Bidders”). Only Interested Bidders will receive Addenda, if so issued.
4. BID FORMS – SUBMITTAL
A. The Bids shall be made on the forms provided herein with all blank spaces properly filled in.
B. The phraseology shall not be changed, and no additions shall be made to the items mentioned herein. Unauthorized conditions, exemptions, limitations, or provisions attached to a Bid will render it informal and may cause its rejection. All forms requiring specific information shall be completed with all applicable information for a Bid to be considered responsive.
C. Include all Bid Forms, properly executed, and intact on forms provided. Enclose the Bid Forms in a sealed envelope; type or print on the envelope "BIDS for" followed by the title and Specification Number and the date and time of the Bid Deadline, and the Bidder's name and address. The envelope may be mailed, hand delivered, or delivered by courier or package delivery service.
D. One Original Bid shall be hand delivered, delivered by courier or package delivery service to the Office of the City Clerk, City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058.
E. Bids received after the Bid Deadline or at any place other than the Office of the Southland Roofing Inc.
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City Clerk will not be considered.
5. BID FORMS – AUTHORIZED SIGNATURES
A. The full name, business address, zip code, and business telephone number, with area code of the individual, partnership, joint venture, or corporation submitting the Bid shall be typewritten or legibly printed on the Bid Forms. The Bidder shall sign the form with his/her usual wet ink signature.
B. Sole Proprietorship: An individual shall sign.
C. Partnership (General or Limited): A partner shall sign for a partnership; the partner shall give the names and addresses of all partners.
D. Corporation: An officer shall sign for a corporation. The corporate name must be attested by the corporate seal. The names and titles of the president and all officers of the corporation who are authorized to sign the Bid Forms must be listed in an authenticated Incumbency Certificate signed by the corporate secretary. A signature other than a corporate officer’s will be accepted only if an authenticated Incumbency Certificate is attached.
E. Joint Venture: Bidders shall use the appropriate section(s) listed above in B-D, based on their applicable situation.
6. BID FORMS – SCHEDULE OF BID PRICES
A. The Bidder shall include in his/her Bid price(s) any and all expense or costs that may be necessary to complete the project in accordance with the requirements of the Contract. The cost of all mobilization, preparatory work and operations for the multiple movements of personnel, equipment, supplies, and incidentals to the various project sites must be included in the various bid items, and no extra compensation will be paid to Contractor.
B. The Bidder shall state for each item on the Schedule of Bid Prices form, in clearly legible figures, the Base Bid, the alternates, and the unit price and item total or lump sum, as the case may be, for which he/she proposes to supply labor, materials, and equipment and to perform the Work. Bids must not contain any erasures, interlineations, strike-throughs or other corrections unless the same are suitably authenticated by affixing in the margin immediately opposite such erasure or correction the initials of the person(s) signing the Bid. If any Bid, or portion thereof, is determined by the City to be illegible, ambiguous or inconsistent, City may reject such a Bid as being non-responsive.
C. In the case of a unit price item, the amount set forth, as the item total shall be the product of the estimated quantity times the unit price Bid. In the event of a discrepancy between the unit price Bid and the item total, the unit price shall prevail; however, if the unit price is ambiguous, unintelligible, or uncertain for Southland Roofing Inc.
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any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price. Where so indicated by the makeup of the Bid Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern.
D. All requested Alternates, if any, shall be Bid. See the Schedule of Bid Prices for more information and the list of Bid Alternates, if any. If no change in the Base Bid is required, enter “No Change.”
7. BID SECURITY
A. Each Bid shall be accompanied by cash or a cashier’s check or a certified check, drawn on a responsible bank doing business in the United States payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as a principal and a California admitted surety company (as defined by California Code of Civil Procedure §§995.120 and 995.311) as surety (“Bid Security”).
B. All bonds must be issued by a California admitted surety insurer with the minimum A.M Best Company Financial strength rating of “A:VII” or better. Bonds issued by a California admitted surety not listed on Treasury Circular 570 will be deemed accepted unless specifically rejected by the City. Bonds issued from admitted surety insurers not listed in Treasury Circular 570 must be accompanied by all documents enumerated in California Code of Civil Procedure Section 995.660. All such bonds must be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bonds are executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond on behalf of Surety must be acknowledged by a Notary Public as the signature of the person designated in the power of attorney.
C. Bid Security shall be in an amount not less than 10% of the Base Bid. Any Bid submitted without Bid Security will be rejected as non-responsive. The Bid Security shall be given as a guarantee that the successful Bidder will execute the Contract and will provide the insurance, bonds and other required forms within fourteen (14) calendar days after award of the Contract. Bidders will be entitled to return of Bid Security except when a successful Bidder forfeits its Bid Security. A forfeit may occur, for example, if the successful Bidder withdraws its Bid prior to the expiration of ninety (90) calendar days after award of the Contract; attempts to withdraw its Bid when the requirements of Public Contract Code § 5101 et seq. are not met; or refuses or fails to execute the Contract and provide the required bonds, insurance or certificates within fourteen (14) calendar days after award of the Contract. In any one or more of these events, if City awards the Contract for the Work to the next lowest responsible Bidder, the amount of the original lowest Bidder’s security shall be applied to the Contract Price differential between the lowest Bid and the second lowest Bid. Any surplus will be returned to the original Southland Roofing Inc.
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lowest Bidder. If the City rejects all other Bids presented and re -advertises, the
lowest Bidder’s Bid Security may be used to offset the City’s cost of re-advertising and receiving new Bids. In that case, the surplus if any, will be returned to the original lowest Bidder.
D. The Bid Security shall be held for ninety (90) calendar days after the award of the Contract or until posting by the successful Bidder of the payment and performance bonds, proof of insurance, return of executed copies of the Contract and necessary certification(s), whichever first occurs, after which time the Bid Security will be returned to all Bidders.
E. If a Bid Bond is to be submitted, Bidder shall use the form entitled "Bid Bond" contained in the Bidding Documents, which Bid Bond shall be properly executed and acknowledged by the Bidder and by a corporate surety authorized to transact such business in the State of California.
F. Any alteration of said form of Bid Bond, or imperfection in the execution thereof, as herein required, will render it informal and may, at the option of the City, result in the rejection of the Bid under which the Bid Bond is submitted.
8. BIDDER'S AND SPECIALTY CONTRACTORS’ STATEMENTS OF
QUALIFICATIONS
A. Each Bidder shall be required to complete, execute and submit with its Bid, the form entitled "Bidder's Statement of Qualifications." In addition, if the Bidder intends to have removal and replacement of roofing material Work, Bidder shall satisfy the mandatory qualifications described in the Specialty Contractors’ Statements of Qualifications applicable to such Work and submit the completed forms with the Bid. Subcontractors listed for the removal and replacement of roofing material Work must satisfy the mandatory qualifications described in the Specialty Contractor or Subcontractor Statement of Qualifications applicable to the Work to be performed by each Subcontractor and Bidder must submit the completed forms with the Bid. Notwithstanding the provisions of Paragraph 22 herein, the Bidder’s Statement of Qualifications and the Specialty Contractor or Subcontractor Statement of Qualifications shall not be public records. All information required by a Bidder’s or Specialty Contractor Statement of Qualifications shall be completely and fully provided. If no information is to be filled in a blank space, then write "none." Any Bid not accompanied by a Bidder’s Statement of Qualifications and Specialty Contractor or Subcontractor Statement of Qualifications form completed with all information required may render the Bid non-responsive. If the City determines that any information provided by a Bidder in the Bidder’s or Specialty Contractors’ Statement of Qualifications is false or misleading, or is incomplete so as to be false or misleading, the City may reject the Bid submitted by such Bidder as being non-responsive.
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B. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the contract documents. In selecting the lowest responsible Bidder, consideration will be given not only to the Bidder’s financial standing but also to the general competency of the Bidder for the performance of the work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public buildings for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder’s experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, and other factors which could affect the Bidder’s performance of the work.
9. DESIGNATION OF SUBCONTRACTORS
A. Subcontractor Listing. On the Designation of Subcontractors form, the Bidder shall list each Subcontractor whom the Bidder must disclose under the Subletting and Subcontracting Fair Practice Act, Public Contract Code Section 4104. The Bidder shall provide: each Subcontractor’s name, the trade and type of work that the Subcontractor will perform, the location (address) of the Subcontractor’s place of business, each Subcontractor’s license number, each Subcontractor’s public works contractor registration number, and the dollar value of each Subcontractor’s labor or services. If additive Alternate Bid Items are included in the Bidding Documents, the Bidder shall identify each Subcontractor performing additive Alternate Bid Items, when such Work or the combination of base Contract Work and Alternate Work exceeds one-half of one percent of the total Bid Amount.
B. Subcontractors’ Licenses. At the time of the Bid Deadline and at all times during performance of the Work, each listed Subcontractor shall possess a current and active California Contractor’s license appropriate for the portion of the Work listed for such Subcontractor and hold all specialty certifications required for such Work.
C. Disqualification of a Subcontractor. The City has the right to review the suitability and qualifications of any Subcontractor proposed by the Bidder. As part of this review, the City may request a Bidder to submit additional information about one or more of the listed Subcontractors including, but not limited to a statement detailing the Subcontractor’s experience with pertinent information as to similar projects and other evidence of the Subcontractor’s qualifications. If requested, the Bidder shall provide the information to the City within the time specified in the City’s written request. After due investigation, if the City has a reasonable objection to any proposed Subcontractor, the City may, before giving the notice of award, require the apparent successful Bidder to submit an acceptable substitute.
The City’s disqualification of a Subcontractor does not disqualify a Bidder.
However, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed and qualified Subcontractor without an adjustment of the Bid Price.
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D. Work of Subcontractors. The organization or arrangement of the Specifications and Drawings do not limit the extent of the Work for the Contract Documents.
Accordingly, all Bidders are encouraged to disseminate all of the Specifications, Drawings and other Contract Documents to all persons or entities submitting sub- bids to the Bidder. The omission of any portion or item of Work from the Bid or from sub-bids, which is reasonably inferable from the Contract Documents, will not be a basis for adjustment of the Contract Price or the Contract Time.
E. Ineligible Subcontractors. The successful Bidder is prohibited from performing Work on the Project with any Subcontractor who is ineligible to perform work on a public works project pursuant to California Labor Code Sections 1777.1 or 1777.7. In submitting its Bid, the Bidder certifies that it has investigated the eligibility of each and every listed Subcontractor and has determined that none is ineligible to perform work pursuant to the above code provisions.
10. CONTRACTOR’S AFFIDAVIT OF NON-COLLUSION
An Affidavit of Non-Collusion in the form provided by the City shall be signed under penalty of perjury, certifying that the Bid is not the result of and has not been influenced by collusion. Bidder shall submit this form with its Bid. Any Bid made without such affidavit, or believed to be made in violation of the requirements set forth in the affidavit form, may be rejected.
11. INSURANCE REQUIREMENTS
The Bidder shall submit to its insurance company or insurance agent the Insurance Requirements in this Specification and the Contract Documents. The insurance company’s underwriter or agent must complete the Insurance Requirements documentation which states that the insurer’s underwriter or agent will furnish the City with the required insurance documents within fourteen (14) days after the Bidder’s having been notified of the Contract’s award. The Bidder shall submit this form with its Bid. Any Bid made without this statement, or made with an incomplete statement, may be rejected.
12. EXAMINATION OF DRAWINGS, SPECIFICATIONS, AND SITE OF WORK A. The Bidder shall examine carefully the site of the Work contemplated and the Drawings and Specifications. The submission of a Bid will be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of Work to be performed and materials to be furnished, the difficulties to be encountered, and to the requirements of the Drawings, Specifications, and other Contract Documents. The Bidder shall ascertain the locations of the existing utility services, and other underground facilities, and provide for carrying out its operations so as to cause the minimum possible inconvenience to the occupants of properties along any streets affected. All Work and costs involved in the safeguarding of the properties of others shall be at the expense of the Bidder to whom the Contract may be awarded.
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B. The Bidder hereby certifies that it has examined the local conditions, has read each and every clause of the Contract Documents, and that it has included all costs necessary to complete the specified Work in its Bid prices, and the Bidder agrees that if it is awarded the Contract, it will make no claim against the City based upon ignorance of local conditions or misunderstanding of any of the provisions of the Contract. Should the conditions turn out otherwise than the Bidder anticipated, the Bidder agrees to assume all risks incident thereto.
13. PRICES AND PAYMENTS
Approximate quantities listed in the Schedule of Bid Prices are estimates given for comparing Bids, and no claim shall be made against the City for excess or deficiency therein, actual or relative. Payment at the prices agreed upon will be in full for the completed Work and will cover materials, supplies, labor, tools, equipment, and all other expenditures incident to a satisfactory compliance with the Contract, subject to all applicable provisions in the Contract and General Conditions.
14. PERMIT FEES
If provided in the General Conditions, Contractor shall be reimbursed for the actual direct cost of all Permit Fees, as defined in Paragraph 1.01 and addressed in 1.03 of the General Conditions. Bidder shall exclude the cost of Permit Fees from Bidder’s Base Bid sum; Base Bid sum shall include the cost of administration and coordination for all Governmental Approvals and Utility Fees.
15. SUBSTITUTIONS
No requests for substitution of any material, device, product, equipment, fixture, form, or type of construction shall be considered by City prior to award of the Contract. Bidders shall submit all requests for substitution and substantiating data, within fourteen (14) calendar days from the date of the Notice to Proceed. Bidder shall refer to the appropriate provisions of the General Conditions for additional information regarding substitutions.
Authorization of a substitution is solely within the discretion of the City.
16. RETURN OF IMPROPER BIDS
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Bids shall not be considered unless the Notice Inviting Bids expressly permits such means of transmittal.
17. WITHDRAWAL OF BIDS
Bidder may withdraw its Bid either personally or by written request any time prior to the scheduled Bid Deadline by notice to the City’s Contact Person designated in the Notice Inviting Bids. If such notice is written, it shall be signed by the Bidder and shall be date- stamped and time-stamped by the City upon receipt. Withdrawn Bids may be resubmitted before the Bid Deadline provided that they are in full conformance with these Instructions to Bidders. Once submitted, all Bids are irrevocable, except as otherwise provided by law.
Requests for withdrawal of Bids after the Bid Deadline shall be made only in accordance with California Public Contract Code § 5100, et seq. Bidder agrees by submitting a Bid that such Bid shall remain open, is irrevocable, and may not be modified, withdrawn, or cancelled for a period of ninety (90) days after award of the Contract.
18. OPENING AND EVALUATION OF BIDS
A. Bid Opening and Tabulation. The Bids shall be opened and read in public after the Bid Deadline has expired at the time and location listed in the Notice Inviting Bids. A tabulation of all Bids received will be available for public inspection at the Office of the Public Works Department, 4305 Santa Fe Avenue, Vernon, CA 90058 during regular business hours for a period of not less than thirty (30) calendar days following the Bid Deadline. The City reserves the right to accept or reject any or all Bids and be the sole judge regarding the suitability of the products, services or supplies offered; and/or to waive any irregularities or informalities in any Bids or in the bidding process. The City further reserves the right to purchase all or fewer than all items or quantities of each item listed in the Bidding Documents. The award of the Contract, if made by the City, shall be to the lowest responsive and responsible Bidder. If Bid Alternate Items are called for, the lowest Bid shall be determined according to Paragraph 20 below.
B. Evaluation of Bids.
1. Mandatory Qualifications. A Bid shall be rejected as non-responsive if the Bidder fails to document in the Bid that Bidder meets the essential requirements for qualification described in the Notice Inviting Bids. As part of the Bidder’s Statement of Qualifications each Bidder must establish that it, as the current entity: (1) has successfully completed at least three (3) similar projects involving similar work within the last three (3) years with a cost equal to or in excess of the Bidder’s Bid; and (2) has successfully completed at least three (3) public works projects. The City’s disqualification of a Subcontractor listed for the removal and replacement of roofing material Work does not disqualify a Bidder. However, prior to and as a condition to award of the Contract, the successful Bidder shall substitute a properly licensed
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and qualified Subcontractor without an adjustment of the Bid Price.
2. Responsive Bid. A responsive Bid is a Bid which conforms, in all material respects, to the Bidding Requirements and Contract Documents.
3. Responsible Bidder. A responsible Bidder is a Bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform fully the requirements of the Contract Documents.
4. Competency of Bidders. In selecting the lowest responsible Bidder, consideration will be given not only to the financial standing but also to the general competency of the Bidder for the performance of the Work covered by the Bid including, but not limited to, the experience of the Bidder in construction of public works for public agencies. By submitting a Bid, each Bidder agrees that the City, in determining the successful Bidder and its eligibility for the award, may consider the Bidder’s experience with similar types of construction projects and facilities, conduct and performance under other contracts, financial condition, reputation in the industry, safety record and protocols and other factors which could affect the Bidder’s performance of the Work.
19. AWARD OF CONTRACT
The City reserves the right to reject any or all Bids and to waive any or all information or technical defects, as the interest of the City may require. Award of Contract or rejection of Bids will be made by the City within ninety (90) calendar days following the Bid Opening.
20. BASIS OF AWARD
A. A Contract will be awarded to the lowest responsive and responsible Bidder meeting all requirements set forth in these Bidding Documents.
The City will award the Contract based on the lowest Base Bid without consideration of the prices on the additive or deductive items.
B. City reserves the right in its sole discretion to select any, all, or none of the Bid Alternates at the time of award of the Contract, regardless of whether such Bid Alternates were used in the analysis to determine the lowest Bid.
21. EXECUTION OF CONTRACT
Within fourteen (14) calendar days after being notified by City that it has been awarded the Contract, Contractor shall deliver to the City the following documents:
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A. One executed Contract in the form included herein, properly executed by Contractor and, if Contractor is a corporation, evidence of its corporate existence and that the persons signing the Contract are authorized to do so. All signatures must be notarized.
B. Properly executed copies of the (a) Performance Bond, (b) Labor and Material (Payment) Bond and (c) Maintenance Bond in accordance with the requirements set forth in Article 13 of the General Conditions and in the form shown on Exhibits 1, 2 and 3 attached thereto. All signatures must be notarized.
C. Properly executed policies of all of the following: (a) the Commercial General Liability Insurance, (b) the Automotive Liability Insurance, and (c) Professional Liability, if required, and (e) the corresponding endorsements for each policy in accordance with the requirements set forth in Article 12 of the General Conditions.
In the event that the fourteenth calendar day falls on Saturday, Sunday, a legal holiday for the State of California, or on days when City Hall is closed, the aforesaid documents shall be delivered by the following working day.
After receipt of said documents within said time period or any extension thereof granted by the City, the City shall execute the Contract and return a fully executed copy to Contractor for its files.
22. PUBLIC RECORDS
City seeks to conduct its business openly. Except as set forth in paragraph 8.A., upon opening, all Bids shall become a matter of public record and shall be regarded as public, with the exception of those elements of each Bid that are identified by the Bidder and plainly marked as “trade secret,” “confidential,” or “proprietary,” including any Statement of Qualifications and financial statements to be submitted by Bidders. Each element of a Bid which a Bidder desires not to be considered a public record must be clearly marked as set forth above, and any blanket statement (i.e. regarding entire pages, documents, or other, non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If City receives a request from a third party to make a Bid available for inspection and copying, the City will notify the Bidder of the request. If a Bidder instructs the City that the information is not to be released, City will withhold the information, provided, the Bidder expeditiously seeks a protective order from a court of competent jurisdiction to prevent such release. If disclosure is required under the California Public Records Act or otherwise by law (despite the Bidder’s request for confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.
Bidder shall indemnify, defend (including Bidder’s providing and paying for legal counsel for City), and hold harmless City, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, fines, penalties, costs, or expenses arising out of or alleging City’s refusal to publicly disclose one or more records that Bidder Southland Roofing Inc.
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identifies as protectable, or asserts is protectable.
23. PREVAILING WAGE RATES AND EMPLOYMENT OF APPRENTICES A. Prevailing Wage Rates. The Bidder and all Subcontractors shall utilize the relevant prevailing wage rate determinations in effect on the first advertisement date of the Notice Calling for Bids in preparing the Bid Proposal and all component price quotations, provided, however, that when Davis Bacon wage rates apply, such rates are subject to increase by written notice, issued by Addendum not less than 10 calendar days before the Bid Deadline. Pursuant to California Labor Code Section 1770 et seq., the Director of the Department of Industrial Relations of the State of California and the United States Secretary of Labor have determined the general prevailing wage rates in the locality in which the Work is to be performed. Said rate schedules are available from the City at its Public Works Department, which shall be made available to any interested party upon request; or on the Internet at www.dir.ca.gov/DLSR/PWD/. The wage rate for any classification not listed, but which may be required to execute the Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or comparable duties. To comply with California Labor Code Section 1773.2, Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall also comply with the requirements of California Labor Code Sections 1773 et seq.
B. Apprenticeship Committee Contract Award Information. Pursuant to California Labor Code § 1777.5 and Title 8 of the California Code of Regulations § 230, Contractor and Subcontractors of any tier who are not already approved to train by an apprenticeship program sponsor shall, within ten (10) calendar days of signing C. the Contract or subcontract, as applicable, but in any event prior to the first day in which Contractor or Subcontractor has workers employed on the Project, submit the Public Works Contract Award Information form (DAS Form 140) to the appropriate local apprenticeship committees whose geographic area of operation include the area of the Project and who can supply apprentices to the Project. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City.
D. Statement of Employer Fringe Benefit Payments. Within five (5) calendar days of signing the Contract or subcontract, as applicable, the Statement of Employer Payments (DLSE Form PW 26) shall be completed for each Contractor and Subcontractor of any tier who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes pension contributions. The form must contain, for each worker classification, the fund, plan or trust name, address, administrator, the amount per hour contributed and the frequency of contributions. Training fund contributions shall also be reported in this form. City reserves the right to require Contractors and Subcontractors to submit a copy of said forms to the City.
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E. Notice to Subcontractors. Bidders shall notify all potential Subcontractors submitting price quotations for portions of the Work of the requirements concerning payment of prevailing wage rates, payroll records, hours of Work, and employment of apprentices.
24. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS (DIR)
No contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project unless currently registered and qualified (including payment of any required fee) with the DIR pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the DIR.
25. SPECIAL CITY REQUIREMENTS
Special City forms and their instructions are an integral part of these specifications and failure to submit same may be grounds, in the sole discretion of the City, for rejection of any Bidder.
A. Prevailing Wage Where Applicable. Upon request, certified payroll documents shall be provided to the City.
B. Equal Employment Opportunity in Contracting. The City of Vernon is committed to a policy of equal opportunity in contracting. Qualified firms including small businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or proposals. Contractors expressly agree to comply with the City's ordinances and regulations regarding Equal Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting the Contract. Contractor certifies and represents that during the performance of this Contract, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their age not discriminated against because of their race, religion, religious belief, color, national origin, citizenship, ancestry, disability, sex, age, medical condition, pregnancy, sexual orientation or marital status. Contractor certifies that it will not maintain any segregated facilities.
Contractor shall comply with all applicable Federal and California laws including, but not limited to, the California Fair Employment and Housing Act (California Government Code Section 12900, et seq.), California Labor Code Section 1735, and The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
Contractor shall require like compliance by all Subcontractors employed on the Work.
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2 6. BID PROTEST PROCEDURES
A. Any Bidder submitting a Bid directly to the City and eligible for award of the Contract may file a protest if the Bidder complies with all of the following requirements and conditions:
1. The Bid protest is in writing;
2. A protest based upon alleged defects or improprieties in the Contract Documents is filed with the City prior to the Bid Deadline;
3. All other protests are to be filed and received by the City no more than five (5) calendar days following the City’s notice of intent to award the Contract; and
4. The written Bid protest sets forth, in detail, all grounds for the Bid protest, including without limitation: all facts, supporting documentation, legal authorities, and argument in support of the grounds for the Bid protest. All factual contentions must be supported by competent, admissible, and credible evidence.
B. Any matters not set forth in the written Bid protest will be deemed waived. Any Bid protest not conforming to the foregoing requirements and conditions will be rejected by the City as invalid.
C. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder’s submission of this Bid and the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the City, its City Council members, employees, and agents from liability, claims, demands, damages, and costs arising therefrom if such dispute or action arises solely upon the award of a Contract in compliance with federal, state, and local laws. [END OF DOCUMENT]
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BIDDER'S PROPOSAL
The undersigned submits this Bid in response to the Notice Inviting Bids issued by the City to construct the Work of the following Project in accordance with the Contract Documents:
PROJECT: City Hall Roof Replacement
A. Enclosed erewith and by this reference incorporated herein and made a part of this Bidder's Bid are the following completed forms:
1. Bidder's Proposal
2. Schedule of Bid Prices
3. Incumbency Certificate
4. Bid Security in the following form (check one):
D Cashier's Check
□ Certified Check
5. Bidder's Statement of Qualifications
6. Experience Form
JR] Bid Bond
7. Statement of Violations of Federal, State or Local Law, if applicable
8. Specialty Contractor Statement of Qualifications
9. Contractor Safety Questionnaire
10. Designation of Subcontractors
11. Contractor's Affidavit of Non-Collusion
12. Insurance Requirements Affidavit
13. Statement of Disqualification or Debarment
14. Pre-Bid Site Inspection Certification
□ cash
B. Acknowledgment of Addenda. The Bidder shall acknowledge the receipt of all Addenda by attaching a signed copy of all Addenda, and by listing all Addenda receive and attached in the space below.
Ai�0k �I I
If an Addendum or Addenda have been issued by the City and not attached and noted above as being received by the Bidder, the Bid may be rejected.
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C.
Inspection of the Work and Contract Documents. Bidder certifies that it has carefully examined and is fully familiar with all of the provisi ns of the Bidding Documents and said Bidding Documents contain sufficient detail regarding the Work to be performed; that it has notified City of any errors or omissions in the Bidding Documents and/or any unusual site conditions; a d that it has carefully checked all words, prices, and statements in this Bidding Document. Bidder hereby certifies that he/she and his/her Subcontractors have inspected the site and relate Drawings and Specifications of Work and fully acquainted themselves with all conditions and matters whic may in any way affect the Work, time of completion or the costs thereof.
Bidder also certifies he/she has observed the designated Contractor Work areas and access routes, if disclosed or shown, as part of the Work in this Contract.
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PREB
ID SITE INSPECTION -CERTIFICATION:
Person(s) who inspected site of the proposed Work for your firm:
Name: �C�
<,-Zh ft.e� Date of
Inspection og/Ls /2ro2 3
Title: Pres� deMl'f-.
Name: Date of
Inspection ______ _
Title:
D. Bidder agrees that all costs of Work shown in the Bidding Documents, including work reasonably inferable
therefrom and necessary thereto, are included in his/her Bid. All Work shown in the Contract Documents for which a specific line item is not provided in the Bidding Form is included in the Bidder's Total Base Bid Price.
Contractor shall be reimbursed for the actual direct cost of all Permit Fees, if any, as defined in Paragraph 1.01 and addressed in Paragraph 1.03 of the General Conditions. Bidder shall exclude the cost of Permit Fees from Bidder's Base Bid sum; Base Bid sum shall include the cost of administration and coordination of Governmental Approvals and Utility Fees. Bidder agrees that City will not be responsible for any errors or omissions on the part of the undersigned in making this Bid.
E. Forfeiture of Bid Security. Bidder further agrees that, in case of his/ er default in executing the required Contract and the required bonds, or furnishing the required insurance, the money payable under the Bid Security accompanying this Bid shall be applied by the City towards payment of the damage to the City on account of such default, as provided in the Bidding Documents. F. Period of lrrevocability. Bidder agrees that this Bid shall remain open and shall not be withdrawn for a period of not less than ninety (90) calendar days from the date of award of Contract, or until rejected by the City, whichever period is shorter.
G. Bid Dispute Indemnification. In the event of a Bid dispute based upon the Bidder's submission of this Bid and the City acceptance of same, the Bidder shall indemnify, defend (with counsel acceptable to City), and hold harmless the City, its City Council members, employees, and agents from liability, claims, demands, damages, and costs arising therefrom if such dispute or action arises solely upon the award of a Contract in compliance with federal, state, and local laws. The Bidder declares that neither he/she nor any member of his/her firm or corporation is a officer or employee of the City of Vernon.
I hereby certify under penalty of perjury under the laws of the State of California that the representations made herein are true and correct.
Executed this .2:.&.. day of Avau5.i , 1Qzj_, at i .,,.•r /J111,.11
e,....,.... e/. c..,S.__ ___ c;=·•,J........_;(:c'--'--o'-'-v_6o\-'iJ.� rJ �ty State Southland Roofing Inc.
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Item 15 Page 187 of 235
Bidder's Proposal
Respectfully Submitted
NAME OF BIDDER
COMPANY NAME:
5-:zuJh/dJ rRco0� the.
ADDRESS:
145 5. &,,-t--�1: Ave. tlZcXJ
Lo> A!&�e I es cA 1 Cl73 G
CONTACT PERSON:
Pc-or �er
tV\ 9-:e�:1
TELEPHONE NUMBER: 6/B-(67 � t:168
E-MAIL: Pt er-e Soui/4 ldw:1 Rd: �t VlC r;, l..Ow-1
CALIFORNIA STATE CONTRACTOR'S LICENSE NUMBER: to'1262l
EXPIRATION DATE: 12BL�f�
TAX IDENTIFICATION NO.: a:x>J0-:/2)'{6-00ol- l
SURETY COMPANY: A�i<cl:'-' C::,.:drJe-¼5 J/44:1"'�+7 Co'-pd14/" All Bid forms must be signed where so indicated by the person or persons duly authorized to sign on behalf of the Bidder. By signing the Bid, the person signing is deemed to represent that he or she has authority to bind the Bidder.
Failure to sign the Bidder's Proposal may invalidate the Bid.
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Item 15 Page 188 of 235
BIDDER'S PROPOSAL
-SIGNA TURE(S):
Form of Entity of Bidder:
Please check the appropriate signature block below and fill in all related information. □ Sole Proprietorship:
Name: _____________
Title: _____________
Signature: ___________
List all d/b/a's: ____
___
_
________
_
______ _
D Partnership: D General Partner D Limited Partner
Name: ____________ _
Title: ____________ _
Signature: _________ _
� Corporation:
Corporate Officer Title: tfes:.:devi,, J
□ Joint Venture:
�n
D Individual
□Partnership
D Other ---
Name: ____________ _
Title: ____________ _
Signature: _________ _
Name of all Joint Venturers:
Corporate Seal
) l
-----------------------
[If the Bidder is a corporation or a limited liability company, enter state or county of incorporation in addition to the business address and include an incumbency certificate executed by a Secretary thereof in the form set forth herein listing each officer with signing authority and his/her corresponding office. If the Bidder is a partnership or joint venturer stating that the respective partner or joint venturer agrees to be held jointly and severally liable for any and all of the duties and obligations of the Bidder under the Bid and under any contract arising therefrom. Attach evidence to the Bid Proposal Form that the individual signing has authority to do so.] Southland Roofing Inc.
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Item 15 Page 189 of 235
SCHEDULE OF BID PRICES
PROJECT: City Hall Roof Replacement
BIDDER'S NAME: >rcx!}k I �IA.,d �\i,!@
BASE BID
0 IVJu
Pursuant to and in compliance with your Notice Inviting Bids and Contract Documents relating to the Project including all Addenda (attach signed copies), Bidder, having become thoroughly familiar with the terms and conditions of the
Contract Documents and with local conditions affecting the performance and the costs of the Work at the place where the Work is to be done, hereby proposes and agrees to fully perform the Work within the time stated in strict accordance with the Contract Documents (including the furnishing of any and all labor, materials, tools, expendable equipment, and utility and transportation services necessary to fully perform the Work and complete it in a workmanlike manner) for the total Base Bid sum of: 1 c
.
. 1 ·ni_.,.e:e iw"'4red x-v�ty-..;,,;cikv.5� �b�1�v�e.�h�C/:;.d��r�ed��°'��d--�=k��-��- "'-""_' ___ Doi ars Item No. Description
1. City Hall Roof Repairs per specifications
BID TOTAL $
WRITTEN AMOUNT $
Units Quantity Amount
LS
All other work items, labor, materials, tools and in
cidentals which are not specifically listed in the above bid items, but are necessary to complete the project per specifications, and all other applicable standards and codes are considered to be included in the above bid items.
If there is a dis repancy between (1) the "Grand Total" shown immediately above, (2) any of the "total costs" shown in the far right column above, or (3) the individual Unit Price, then the Unit price shall control over the total cost, and the total cost shall control over the total. If, however, the unit price is ambiguous, unintelligible, or uncertain f any cause, or is omitted, or is the same amount as the entry for the item total, then the item total shall prevail and shall be divided by the estimated quantity for the item and the price thus obtai ed shall be the unit price.
Bidder shall exclude the cost of Permit Fees from Bidder's Base Bid sum; Base Bid sum shall include the cost of administration an coordination of Governmental Approvals and Utility Fees.
Bidder acknowledges that determination of the lowest Bid will be based on the combined total of the amounts entered below for the Base Bid plus fill of the listed Bid Alternate items, and that once the ow bid is determined on this basis, the City will be free to select Bid Alternates for inclusion in the Work in any order or combination, or to reject any or all Bid Alternates.
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Item 15 Page 190 of 235
Title
/0'/2623
License NtJmber
I I
,
(SEAL - ·t Qid i�
1 by a corporation)
)
Attest: \ 1
Date
e:;GJ/}/ / Zo21./
Date of Expiration •
-.,,....., e,Q Amount of Certified or Cashier's Check or Bid Bond $31, {.,,CA./.._ Southland Roofing Inc.
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Item 15 Page 191 of 235
INCUMBENCY CERTIFICATE
Print legibly the names and title of the president and all officers of the Company who are authorized to sign the Bid Forms:
PRESIDENT'S & OFFICERS' NAME: TITLE:
8ev· Beu-ih R�'i!c1
(i}es,da«4
CFO
The �ta.,._ undersigned hereby certifies to the City of Vernon that �she is the duly elected and acting Secretary of
hwn
-
. (the "Company"), and that, as such, he/she is authorized to execute this Incumbency Certificate o ehalf of the Company, and further certifies that the persons named above are the duly elected, qualified and acting officers of the Company, holding on the date hereof, the titles and positions set forth opposite their names and are authorized to sign the Bid Forms. I/ WITNESS WHEREOF, the undersigned has executed this Incumbency Certificate this _gj_ day of Av�vS , 202-? Bond No.: Bezo21 BS'I
Premium Amount: $
J
rO
Bond's Effective Date: fa,
12 <?2.1 I
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Item 15 Page 192 of 235
BIDDER'S STATEMENT OF QUALIFICATIONS
1.ORGANIZATION
1.1 How many years has your ganization been in business as a Contractor? + 5 Ye?ck:$
1.2 How many years has your organization been in business under its present name? + 5 .2.1 nder what other names has your organization operated? fi/ t, 1--\c'
1.3 If your organization is a corporal' on, answer the following:
1.3.1 Date of incorporation/organization:
�t2""':f!:{..!:. · '"""""__._O'l+l ..... 1-0=--'-/_£/ ______ _ t
1.3.2 State of incorporation/organization:
�G=c�f�;_N_o_,-_11,_i,'a. _
______ _
1.3.3 Corporate ID
n
umber:
_'i_._· l--'16::....3"-6· =-·=i..=----
------
---
--
1.3.4 Name of
President: R·ev-
��Y'::
Pre�
1.3.5 Agent for Service of Process: e W 6 evi IA tfeV\. 'l'�
1.4 If your organization is a partnership, answer the following:
1.4.1 Date of organization/formation:
__________
____ _
1.4.2 ype of partnership (if appli
ca
b
le):
______
_
_____ _
1.4.3 Name(s) of general partner(
s):
______
_
_____ _
1 .4.4 List all states in whic you are registered and state ID numbers for each:
1.5 If your organization is individ
ually owned, answer the following:
1.5.1 Date of organization: __
___________
____ _
1.5.2 Name of owner: ______
____________ _
1.6 If the form of your organization is other than those listed above, describe it and name the
princi
pals:
____________
_ ___
_____ _
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Item 15 Page 193 of 235
2. LICENSING
2.1 List
jurisdictions in which your organization is legally qualified to do business, indicate registration or license numbers, and category of license, if applicable. _f<d.-� C-11 C!i';·r:on,,.�.t
2.2 List jurisdictions in which your organization's partnership or trade name is filed . .:(oir • <>..1.
2.3 List any licensing suspensions and/or violations assessed against your organization within the past five years. ¢"
,
3. EXPERIENCE
3.1 List the categories of Work that your organization normally performs with its own personnel. Rg'.)�•-..,.__� � au +ype.s
3.2 On the Experience Form, list the project information that establishes that Bidder meets the essential requirements for qualification set forth in the Mandatory Qualifications paragraph of the Notice Inviting Bids for this Project.
3.3 Have Subcontractors for roofing Work complete the Specialty Contractors' Statements of Qualifications (or Bidder to complete if self-performing).
3.4 On a separate sheet, list projects to which your firm or business has been awarded a government contract since your firm or business has been in existence (giving the name and address of the project, the government agency, contact name and phone number, the contract amount, and contract's starting date and ending date).
3.5 On a separate sheet, list the experience and present commitments of the key individuals of your organization.
4. CLAIMS; LAWSUITS; CRIMINAL ACTS
For the following questions, the term "owner" does not include owners of stock in your firm if your firm is a publicly-traded corporation.
4.1 In the past five (5) years, have, you, your firm or any of its owners, partners, officers, or employees been a defendant in court, or participated in an arbitration or mediation, on a matter related to:
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Item 15 Page 194 of 235
4.1.1 The performance, non-performance, default, violation, or breach of a contract or agreement?
□ YES llsl NO
4.1.2 A vehicle collision or accident in
volving your firm's employees?
□ YES ri(J NO
4.1.3 Damage to real property arising out of your services or operations? 0 YES gj NO
4.1.4 Employment-related litigation brought by an employee of your firm? □ YES � NO
4.1.5 Payment to a subcontractor or supplier? □ YES � NO
4.1.6 Defective, deficient, or substandard work?
□ YES IE NO
If the answer to any questions in 4.1.1 to 4.1.6 is YES, identify the name of the person or entity that sued (i.e., "the plaintiff') or was involved in the mediation or arbitration; list the date, court, court address, and case number; describe the facts and circumstances giving rise to the lawsuit, mediation, or arbitration; and set forth the outcome or disposition. Attach additional sheets as necessary.
4.2 Have you or your firm ever filed a claim for damages or a lawsuit, or requested arbitration or mediation, against a government entity or a Client? □ YES cgJ NO If YES, identify the government entity or client; list the date, court and case number; describe the facts and circumstances about the claim for damages, or the lawsuit, or both; and set forth the outcome or disposition. Attach additional sheets as necessary.
4.3 Are there any pending or outstanding judgments or liens against you, your firm, or any of its owners, partners, officers, or employees? □ YES [gj NO If YES, identify the name of the person or entity entitled to payment; list the date court and case number; describe the facts and circumstances giving rise to the judgment or lien; and set forth the amount of the judgment or lien. Attach additional sheets if necessary.
4.4 In the past five (5) years, has any government entity ever: (a) investigated, cited, disciplined, Southland Roofing Inc.
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Item 15 Page 195 of 235
or assessed any penalties against you, your firm, or any of its owners, partners, officers, or employees, or (b) determine or concluded that your firm or any of its owners, partners, officers, or employees violated any laws, rules, or regulati ns? □ YES If YES, identify the government entity; list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.
4.5 In the past five (5) years, have you, your firm or any of its owners, partners, officers or employees been convicted of a crime related to the bidding of a government contract, the awarding of a government contract, or the performance of a government contract? ("Convicted" includes a verdict of guilty by a judge or jury, a plea of guilty, a plea of nolo contendere, or a forfeiture of bail.) □ YES
If YES, identify the government entity; list the date, court and case number; escribe the facts and circumstances about each instance; and set forth the penalty or punishment imposed. Attach additional sheets as ecessary.
4.6 In the past five (5) years, have you, your firm, or any of its owners, partners, officers or
employees been convicted of a crime involving embezzlement, theft, fraud, forgery, bribery, deceptive or unlawful business practices, perjury, falsifying or destroying records or evidence, or receiving stolen property, or making or submitting a false claim? □ YES If YES, identify the crime or offense; list the date, court and case number; desc ibe the facts and circumstances about each instance; and set forth the penalty or punishment imposed. Attach additional sheets as necessary.
4.7 Have you or, if Bidder is a corporation, any principal of the corporation ever been convicted of a felony?
□ YES
�NO
If YES, please explain the details of that conviction and, if so, whether you or said officer ave served his or her se tence.
4.8 In the past five (5) years, has a government entity determined or concluded that you, your firm, or any of its owners, partners, officers or employees made or submitted a false claim (including a false claim for payment), or made a material misrepresentation? □ YES � 0 If YES, identify the government entity, and describe the facts and circumstances about eac instance. Attach additional sheets as necessary.
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Item 15 Page 196 of 235
4.9 Have you or your company ever been charged by any governmental agency for fail ure to
fol ow safety procedures? If YES, please explain. □ YES iplNO
4.10 Has any governmental agency ever submitted a complaint against yo or your firm to the California State Labor Commission for failure to submit certified payrolls? If your answer is "Yes", please provide the details of such complaint.
5. FIRM'S OPERATIONAL STATUS
□ YES
5.1. In the past seven (7) ye
ars, has your firm, or anyone else acting on behalf of your firm, filed for bankruptcy, insolvency, receivership, or reorganization? □ YES �NO If YES, list the filing date, identify the court and case number; describe the facts and circumstances giving rise to each instance; and set forth the disposition or current status.
Attach additional sheets as necessary.
5.2. In the past five (5) years, as your fir ad an consolidations, mergers, acquisitions,
closings, layoffs or staff reductions? □ YES � 0
If YES, list the filing date, and describe the facts and circumstances about each instance.
Attach additional sheets as necessary.
5.3. Is your irm in the process of, or in negotiations toward: (a) consolidating, merging, selling, or closing its business, or (b) laying off employees or re ucing staff? □ YES I&! 0 If YES, describe the transaction; list the anticipated date for completing the transaction, laying off employees, or reducing staff; and describe the facts, cir umstances, and eason for taking the action. Attach additional sheets as necessary.
6. BIDDING; DEBARMEN
T; CONTRACT PERFORMANCE
6.1. Has a government entity ever debarred, disqualified, removed, suspended, or otherwise prevented you or your firm from b'dding on, contracting, or completing a construction project?
□ YES 18J NO
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Item 15 Page 197 of 235
If
YES, identify the name of the government entity, list the date, and describe the facts and circumstances about each instance, and state the reason for the government entity's action against your firm. Attach additional sheets as ecessary.
6.2. Has a government entity ever rejected your firm's Bid or Proposal on the ground that you or your firm is a " on-responsible" bidder or proposer? □ YES �NO If YES, identify the name of the governme t entity, list the date, describe the facts and circumstances about each instance, and state the reason or basis for the government entity's determining that your irm was a "non-responsible" bidder. Attach additional sheets as necessary.
6.3. Have you or your firm ever failed to fulfill or perform - either partially or completely - a
contract or an agreement with a government entity or a client? □ YES If YES, identify the name of the government entity or client. list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.
6.4. In the past five (5 years, have you or any officer or principal of your firm been an officer of another firm which failed to perform a contract or agreement? □ YES @NO If YES, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.
6.5. Has your firm ever advised a government entity or a client, while your firm was under contract wit the government entity or client, that your firm could not (or would not) fulfill or perform - either partially or completely- the contract or the agreement based on the prices that your firm had originally submitted in a Bid or a Proposal? □ YES 161 NO If YES, list the date, identify the name of the government entity or client, and describe the facts and circ mstances about each instance. Attach additional s eets as necessary.
6.6. Has your firm ever requested a government entity or a client, while your firm was nder contract with the government entity or client, to renegotiate one or more terms of the existing contract or agreement?
□ YES
�NO
If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.
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Item 15 Page 198 of 235
6.7. Has your firm ever requested a government entity or a client, while your firm was under contract with the government entity or client, to: (a) cancel the contract or agreement, or (b) release or discharge your firm form the contract or agreement? □ YES �NO If YES, identify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.
6.8. Has a government entity or a client ever terminated, suspended, or non-renewed your firm's contract or agreement before its completion? □ YES 1/&NO If YES, identify the name of the government entity, list the date, and describe the facts and circ mstances about each instance. Attach additional sheets as necessary.
6.9. Has a government entity or a client ever notified or advised your firm that your firm's pertormance under a contract or agreement was poor, sub-standard, deficient, or noncompliant? □ YES lfgJ 0 If YES, i entify the name of the government entity or client, list the date, and describe the facts and circumstances about each instance. Attach additional sheets as necessary.
6.10. In the past five (5) years, has your firm paid, or has your firm been assessed, liquidated damages on a contract or agreement? □ YES
�NO
If YES, identify all such contracts/projects by owner, owner's address, the date of completion of the project, amount of liquidated damages assessed, and all other information necessary to fully explain the assessment or payment of liquidated damages. Attach additional sheets as necessary.
7. INSURANCE AND BONDS
7.1. In the past ten years, has an insurance company or a surety company:
7.1.1. Refused to insure your firm for liability coverage? □ YES �NO
7.1.2. Canceled or non-renewed your firm's insurance coverage? □ YES
7.1.3. Refused to issue your firm a bond? □ YES gJ NO
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Item 15 Page 199 of 235
7 .1 .4. Canceled or revoked a bond obtained by your firm? □ YES �NO If the answer to any questions in 7.1.1 to 7.1.4 is YES, identify the name of the insurance company or surety company, list the date, and describe the facts and circumstances about each instance. Attach addition sheets as necessary.
7.2 In the past ten (10) years, has an insurance company or surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims against a performance bond, payment bond, or maintenance bond issued on your firm's behalf? □ YES �NO If YES, identify each contract completed or amount of each claim, the name and telephone number of the claimant, the date, grounds and current status of the claim, and if resolved, the method, nature, and amount of the resolution Attach addition sheets as ecessary.
8. SURETY
8.1 8.2
If a performance and/or payment bond is required by this bid, identify the bonding company if arrangements for the bond have been made; if not, identify the bonding company for the ctor's most recent projel . , ,..Un G,,.,,,./-r¢c cS T�IA,,-'7 k?mp1.�Y All of the above statements as to experience, financial qualifications, and available plant and equipment are submitted in conjunction with the proposal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the Bidder.
I hereby certify under penalty of perjury under the laws of the state of California that th�'l:!l"'-)1, are true and correct.
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Item 15 Page 200 of 235
PRO ECT AME: City Hall Roof Replacement
BIDDER'S EXPERIENCE FORM
COMPANY NAME:
-=-�-=-=-&'---'---'--'-/
�a '-'\.�d=-- -
......,,(<o""""'""--'hJ �;-"--'4"""1-, ......... i h ....... e__,,· -'--- --
SPECIFICATION NO. C:Jr/Ltf �PReplf\re�
***Please use additional sheets if necessary
List below the project • formation that establishes that Bidder meets the essential requirements for q a i ication set fortr in the Mandatory Qualifications paragraph of the Notice Inviting Bids for this Project.
2 3
CONTRACT CONTRACT CONTRACT CONTACT PHONE
STAR- DATE END DATE $ AMOUNT ADDRESS CONTACT NAME NUMBER ct1/t8/'b2, 0Sf'>l/2.i>1,.
;it 3 t o,cx:D
02.(w23 0Jfo2J 1) 2-fqa:;o
of/4023 o&/2c.z3 ,1rJW,a:o All of the above statements as to experience are submitted in conjunction with the propo sal, as a part thereof, and the truthfulness and accuracy of the information is guaranteed by the Bidder. I he certify under penal y of perjury under the laws of the state of California that the representatio made herein are true and correct.
Signature f
Bidd_
'--==--�L.,.._ _______ _
Print
State
name:
of California
e�-
Co
B
ntraecto<[r's "t� License
p�
No . .,....t=o'f__,__%-'--_2' 3 ____ _
Co tractor's License expiration date oe/;1 / 2.o 2 �
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Item 15 Page 201 of 235
CONTRACTOR SAFETY QUESTIONNAIRE
Company Name: �,{li }'"}J R..cof:� fl/Jc·,
Primary ype of
Work:
_6;<· ,.__,_O_._._Q.,_,0,'---"-,'=Vt-=c .... �---------- --------
---
Person Completing Form: <P, c:9v 'ise.r� P�ci
Title: ti-<!?S
\.dtoM+ Phone Number: .i/8-tG7
-9-7&8
Date: r:¥i/iq/2-o23
�7 i
SAFETY PERFORMANCE
1. List your company's Interstate Experience Rating Modifier (ERM)1 for the three most recent years. 201,L
2012
20.2.}_
IY/A Ne .}cud&1is R.epo,,-fet/
I( II II /t'
fl /{ 1/
2. List your company's number of
injuries/illnesses from your OSHA 300 logs for the three most recent years. 2o_M_ 20.2.L_ 20.2.:L
a. Fatalities 0 _Q_ 0
b. OSHA recordable incidents ,,,.SQ_ _Q_ �
C. Lost work day incidents ___Q_ ...J!2._ _Q_
d. Total lost work days _.o._ _Q_ --2_
e. Total ours worked ......Ji_
__Q___ �
3. Upon request from the City, the contractor(s) shall provide copies of the following items (a-g); and Items (dg) for each listed Subcontractor a). OSHA 300 logs for the most recent three years
and current year-to-date
b). Verification of ERM from your insurance carrier
c). Injury/Illness Report
d). Compete written Safety Program
4. Company Safety Contact:
a. Na e t1¼..-}:: P��
b.Phone_B/(J-602- 0) 2 2.,
e). Training Plans
D. Training Certificates for Employees
g). Emergency Response Training
1 ERM= applies to workers' compensation policies t compares the experience of this contractor to others of similar size, type and ratio. Used against annual premium. It has a direct correlation to how much the contractor pays in workers' comp premium.
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Item 15 Page 202 of 235
1. 2.
CONTRACTOR SAFETY QUESTIONNAIRE (continued)
SAFETY PROGRAM
SAFETY PROGRAM DOCUMENTATIO
a. Do you have a written safety program manual?
1) Last revision date
-
�2.�o�l-1�
-
-
--
b. Do you have a written safety field manual?
c. Are all workers given a booklet that contains work rules, responsibilities, and other appropriate inf
ormation?
POLICY AND MANAGEMEJ\i T SUPPORT
a. Do you have a safety policy statement from an officer of the company?
b. Do you have a disciplinary process f
or enforcement
of your safety program?
c. Does management set corporate safety goals?
d. Does executive management review.
llJ Accident reports? g] Safety statistics?
0 Inspection reports?
e. Do you safety pre-qualify subcontractors?
/JotJ.
pPi•G:>blc'
f. Do you have a written policy on accident reporting
and investigation?
g. Do you have a light-duty, return-to-work policy?
h.Is safety part of your supervisor's performance evaluation? i. Do you have a personal protective equipment (PPE) policy? @)
Circle One No
(Fy 0
Yes�
� �No @No
�N @No �o
No
Yes45ro) �o
Yes(f[o:) (fi;)No QNo
j. Do you have a written substance abuse rogram? Yes No If yes, does it include (check all applicable boxes):
D P
re-employment testing D Return-to-duty testing
D Random testing D Disciplinary process
� Reasonable cause testing -S Alcohol testing
D Post accident testing D National Institute on Drug Abuse D Panel Screen
k. Does each level of management have assigned safety
duties and responsibilities?
@No
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Item 15 Page 203 of 235
3. TRAI
NING AND ORIENTATION
a. Do you conduct safety orientation training for each
employee?
b. Do you conduct site safety orientation for every
person new to the job site?
c. Does your safety program require safety training meetings? {[is) No for each supervisor (foreman and above)?
How often?
D Weekly � Monthly D Quarterly D Annually D Other ___ _ d. Do you hold tool box/tai gate safety meetings
focused on your specific work operations/exposures?
How often?
!KJ Weekly �Daily O Other ___ _
e. Do you require equipment operation/certification training? Ye s@
4. ADM
INIS RA ION AND PROCEDURES
a. Does your written safety program address
administrative procedures?
If yes, check which apply:
@No
X:.... Pre projecUtask planning
:£ Record keeping
:i,,_ Emergency procedures 1._Audits/inspections
� Safety committees
HAZCOM
..::L Accident investigations/reporting
.)5_ Training documentation
_ Substance abuse prevention
Return-to-work
_ Hazardous work permits
_ Subcontractor prequalification
b. Do you have project safety committees?
c. Do you conduct job site safety inspections?
Yes� @No
How often?
gj Daily � Weekly O Monthly O Other ___ _
Do these inspections includes a routine safety
inspection of equipment (e.g., scaffold, ladders, fire
extinguishers, etc.)?
�No
d. Do you investigate accidents?
How are they reported?
D Total company
D By project
D By foreman
Yes No
D By superintendent
D By project manager
gJ In accordance with OSHA
e. Do you discuss safety at all preconstruction and progress meetings? <:Jls>No
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Item 15 Page 204 of 235
5. 6.
f. Do you perform rigging and lifting checks prior to lifting? Yes (Na /46.f_ d,pp(tGb[o D For personnel D For equipment D Heavy lifts (more than 10,000 IM.)
WORK RULES
a. Do you periodically update work rules?
When was the last update? 02/-2..02 >
@No
b. What work practices are addressed by your work rules? I&] CPR/first aid D Access-entrances/stairs
!El Barricades, signs, D Respiratory protection
and signals
D Blasting
D Communications
D Compressed air and gases
D Concrete work
D Confined-space entry
D Cranes/rigging and hoisting
D Electrical grounding
D Environmental controls and
Occupational health
D Emergency procedures
D Fire protection and prevention
D Floor and wall openings
[El Fall protection
D Housekeeping
� Ladders and scaffolds
D Material handling/storage
D
Temporary heat
D Vehicle safety
D
Traffic control
D Site visitor escorting
D Public protection
D Equipment guards and grounding
D Monitoring equipment
� Flammable material handling/storage
D Site 'sanitation
D Trenching and excavating
D LockouUT agout
D Energized/pressurized equipment
0 Mechanical equipmenU D Personal protective equipment
maintenance/pre-op checks/ D Tools, power and hand
operation D Electrical power lines
D Welding and cutting (hot work} D Other ______ _
OSHA INSPECTIONS
a. Have you been inspected by OSHA in the last three years? b. Were these inspections in response to complaints?
c. Have you been cited as a result of these inspections?Yes6) If yes, describe the citations (add additional sheets if necessary):
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Item 15 Page 205 of 235
DESIGNATION OF SUBCONTRAC
TORS
NAME OF BIDDER: £.d:L /�J f<mQ l/4� f' 1-1
c
Each Bidder must list, on the form provided on the next page, each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed in the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Drawings and Specifications, in an amount in excess of one-half of one percent of the Contractor's Base Bid Amount. Each Subcontractor must have an active and current license, and all requisite specialty certifications, when listed.
Bidder must provide the following information for EACH Subcontractor.
1. The name of the Subcontractor;
)Jovie
2. The trade and type of work that the Subcontractor will perform; I I
3. Location (address) of Subcontractor's place of business; (I
4. Subcontractor's license number; and any specialty licenses; It
5. Subcontractor's public works contractor registration number; and 1 1
6. Dollar value of the Work that the Subcontractor will perform. , I
S
ubletting or subcontracting of any portion of the Work in excess of one-half of one percent of the Contractor's Base Bid to which no Subcontractor was designated in the original Bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City setting forth the facts constituting the emergency or necessity.
If the Contractor violates any of the above provisions the Contractor may be in breach of this Contract and the City may exercise the option, in its own discretion, to (1) cancel this Contract, or (2) assess the Contractor a penalty in an amount not more than ten percent (10%) of the amount of the subcontract involved, and this penalty shall be deposited in the fund out of which the prime Contract is awarded.
If the Contractor fails to specify a Subcontractor, or if the Contractor specifies more than one Subcontractor for the same trade or type of Work to be performed under the Contract in excess of one-half of one percent of the Contractor's Base Bid Amount, then the Contractor agrees that he/she is fully qualified to perform that Work himself/herself, and that he/she shall perform that Work himself/herself. If after award of Contract, the Contractor subcontracts any such Work, the Contractor will be subject to the statutory penalties.
DESIGNATION OF SUBCONTRACTORS FORM
IS ON THE FOL OWING PAGE
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Item 15 Page 206 of 235
Please type or legibly print (attach additional sheets as necessary).
Public Works
Name of Subcontractor Email Contact Trade and Type Business Location Information of Work to be License Contractor Dollar($) Value Number Registration
Performed Number
A),-n, .J"'7
/
I
I
I I
(
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Item 15 Page 207 of 235
The Contractor shall not:
A Substitute any person as Subcontractor in place of the Subcontractor list ed in the original Bid, except that
the City may consent to the substitution of another person as Subcontractor in any of the fo lowing situations:
1. When the Subcontractor listed
in the Bid, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract for the scope of Work specified in the Subcontractor's bid and at the price specified in the Subcontractor's bid, when that written contract, based upon the general terms, conditions, Drawings and Specifications for the Project or the terms of Contractor's written Bid, is presented to the Subcontractor by he Contractor;
2. When the listed Subcontractor becomes insolvent or the subject of an order for relief in bankruptcy;
3. When the listed Subcontractor fails or refuses to perform his/her subcontract;
4. When the listed Subcontractor fails or refuses to meet the bond requirements of the Contractor as
set forth i Public Contract Code Section 4108;
5. When the Contractor demonstrates to the ity that the name of the Subcontractor was listed as the result an inadvertent clerical error;
6. When the listed Subcontractor is not licensed pursuant to the Contractors icense Law; 7. When the City determines that the Work performed by the listed Subcontractor is substantially unsatisfactory and not in substantial accordance with the Drawings and Specifications, or that the Subcontractor is substantially delaying or disrupting the progress of the Work;
8. When the listed Subcontractor is ineligible to work on a public works project pursuant to Section 1777. or 1777.7 of the Labor Code; or
9. When the City determines that the listed Subcontractor is not a responsible contractor.
B. Permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original Subcontractor listed in the original Bid, without the consent of the City.
C. Other than in the performance of "change orders" causing changes or deviations from the original Contract, sublet or subcontract any portion of the Work in excess of one-half of one percent of the Contractors Base Bid Amount as to which his/her original Bid did not designate a Subcontractor.
Prior to approval of the Contractor's request for a Subcontractor substitution, the City shall give notice in writing to the listed Subcontractor of the Contractor's request to substitute and of the reason for the request. The notice will be served by certified or registered mail to the last known address of the Subcontractor. The listed Subcontractor who has been so notified shall have five (5) Working Days within which to transmit to the City written ob"ections to the substitution. Failure to file these written objections shall constitute the listed Subcontractors consent to the substitution.
If written objections are filed, the City shall give notice in writing of at least five (5) Working Days to the listed Subcontractor of a hearing by the City on the Contractor's request for substitution.
The Contractor, as a condition to asserting a claim of inadvertent clerical error in the listing of a Subcontractor, shall within two (2) Working Days after the time of the Bid Deadline, give written notice to the City and copies of such notice to both the Subcontractor he/she claims to have listed in error and the intended Subcontractor who had bid to the Contractor prior to the Bid Deadline.
Southland Roofing Inc.