HomeMy WebLinkAboutC-2557CITY OF ARCADIA
SHORT -FORM CONSTRUCTION CONTRACT
ARCADIA LIBRARY ROOF REPAIR
This Contract is made and entered into this St day of / , 2010 by
and between the City of Arcadia, a municipal organization organized under th aws of the State
of California with its principal place of business at 240 West Huntington Drive, Arcadia,
California 91066 ( "City ") and Western States Roof Systems, Inc., a California Corporation,
with its principal place of business at 18605 Parthenia Street, Northridge, CA 91324
( "Contractor "). City and Contractor are sometimes individually referred to as "Party" and
collectively as "Parties" in this Contract.
RECITALS
A. City is a municipal corporation organized under the laws of the State of
California, with power to contract for services necessary to achieve its purpose.
B. Contractor desires to perform and assume responsibility for the provision of
certain construction services required by the City on the terms and conditions set forth in this
Contract. Contractor represents that it is experienced in providing Garland approved roof
repair services to public clients, that it and its employees or subcontractors have all necessary
licenses and permits to perform the Services in the State of California, and that is familiar with
the plans of City.
C. City desires to engage Contractor to render such services for the Arcadia
Library Roof Repair Project ( "Project ") as set forth in this Contract.
The City and the Contractor for the considerations stated herein agree as follows:
CONTRACT
Parties.
1.1 City's Representative. The City hereby designates Tom Tait, Public Works
Services Director, or his or her designee, to act as its representative for the performance of
this Contract ( "City's Representative "). City's Representative shall have the power to act on
behalf of the City for all purposes under this Contract. Contractor shall not accept direction or
orders from any person other than the City's Representative or his or here designee.
1.2 Contractor's Representative. Before starting the Work, Contractor shall submit in
writing the name, qualifications and experience of its proposed representative who shall be
subject to the review and approval of the City ( "'Contractor's Representative "). Following
approval by the City, the Contractor's Representative shall have full authority to represent and
act on behalf of the Contractor for all purposes under this Contract. The Contractor's
Representative shall supervise and direct the Work, using his best skill and attention, and shall
be responsible for all construction means, methods, techniques, sequences and procedures and
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for the satisfactory coordination of all portions of the Work under this Contract. Contractor's
Representative shall devote full time to the Project and either he or his designee, who shall be
acceptable to the City, shall be present at the Work site at all times that any Work is in progress
and at any time that any employee or subcontractor of Contractor is present at the Work site.
Arrangements for responsible supervision, acceptable to the City, shall be made for emergency
Work which may be required. Should Contractor desire to change its Contractor's
Representative, Contractor shall provide the information specified above and obtain the City's
written approval.
2. Incorporation of Documents. This Contract includes and hereby incorporates in full by
reference the following documents, including all exhibits, drawings, specifications and
documents therein, and attachments and addenda thereto: additional specifications for roof
repair provided by the Garland Company.
3. Contractor's Basic Obligation: Scope of Work. Contractor promises and agrees, at its
own cost and expense, to furnish to the Owner all labor, materials, tools, equipment, services,
and incidental and customary work necessary to fully and adequately complete the Project,
including all structures and facilities necessary for the Project or described in the Contract
(hereinafter sometimes referred to as the "Work "), for a Total Contract Price as specified
pursuant to this Contract. All Work shall be subject to, and performed in accordance with the
above referenced documents, as well as the exhibits attached hereto and incorporated herein
by reference. The plans and specifications for the Work are further described in Exhibit "A"
attached hereto and incorporated herein by this reference. Special conditions, if any, relating to
the Work are described in Exhibit "B" attached hereto and incorporated herein by this reference.
4. Change in Scope of Work. Any change in the scope of the Work, method of
performance, nature of materials or price thereof, or any other matter materially affecting the
performance or nature of the Work shall not be paid for or accepted unless such change,
addition or deletion is approved in advance and in writing by a valid change order executed by
the City.
5. Period of Performance and Liquidated Damages. Contractor shall perform and complete
all Work under this Contract within Sixty (60) Calendar Days, beginning the effective date of
the Notice to Proceed ( "Contract Time "). Contractor shall perform its Work in strict accordance
with any completion schedule, construction schedule or project milestones developed by the
City. Such schedules or milestones may be included as part of Exhibits "A" or "B" attached
hereto, or may be provided separately in writing to the Contractor. Contractor agrees that if
such Work is not completed within the aforementioned Contract Time and /or pursuant to any
such completion schedule, construction schedule or project milestones developed pursuant to
provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer
damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as
fixed and liquidated damages the sum of One Hundred Dollars and No Cents ($100.00) per
day for each and every calendar day of delay beyond the Contract Time or beyond any
completion schedule, construction schedule or Project milestones established pursuant to the
Contract.
6. Standard of Performance: Performance of Employees. Contractor shall perform all Work
under this Contract in a skillful and workmanlike manner, and consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Work. Contractor warrants that all employees and subcontractors
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shall have sufficient skill and experience to perform the Work assigned to them. Finally,
Contractor represents that it, its employees and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Work,
including a City Business License, and that such licenses and approvals shall be maintained
throughout the term of this Contract. As provided for in the indemnification provisions of this
Contract, Contractor shall perform, at its own cost and expense and without reimbursement
from the City, any work necessary to correct errors or omissions which are caused by the
Contractor's failure to comply with the standard of care provided for herein. Any employee who
is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or
the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to
the City, shall be promptly removed from the Project by the Contractor and shall not be
re- employed on the Work.
7. Substitutions / "Or Equal ".
7.1 Pursuant to Public Contract Code Section 3400(b) the City may make a finding
that designates certain products, things, or services by specific brand or trade name. Unless
specifically designated in this Contract, whenever any material, process, or article is indicated or
specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications
shall be deemed to be used for the purpose of facilitating the description of the material,
process or article desired and shall be deemed to be followed by the words "or equal."
7.2 Contractor may, unless otherwise stated, offer for substitution any material,
process or article which shall be substantially equal or better in every respect to that so
indicated or specified in this Contract. However, the City may have adopted certain uniform
standards for certain materials, processes and articles. Contractor shall submit requests,
together with substantiating data, for substitution of any "or equal" material, process or article no
later than thirty -five (35) days after award of the Contract. To facilitate the construction
schedule and sequencing, some requests may need to be submitted before thirty -five (35) days
after award of Contract. If the City has specified particular deadlines prior to the thirty -five day
period after contract award, such deadlines, if any, shall be set forth in the Special Conditions
attached hereto. Provisions regarding submission of "or equal" requests shall not in any way
authorize an extension of time for performance of this Contract. If a proposed "or equal"
substitution request is rejected, Contractor shall be responsible for providing the specified
material, process or article. The burden of proof as to the equality of any material, process or
article shall rest with the Contractor.
7.3 The City has the complete and sole discretion to determine if a material, process
or article is an "or equal" material, process or article that may be substituted. Data required to
substantiate requests for substitutions of an "or equal" material, process or article data shall
include a signed affidavit from the Contractor stating that, and describing how, the substituted
"or equal" material, process or article is equivalent to that specified in every way except as listed
on the affidavit. Substantiating data shall include any and all illustrations, specifications, and
other relevant data including catalog information which describes the requested substituted "or
equal" material, process or article, and substantiates that it is an "or equal" to the material,
process or article. The substantiating data must also include information regarding the durability
and lifecycle cost of the requested substituted "or equal" material, process or article. Failure to
submit all the required substantiating data, including the signed affidavit, to the City in a timely
fashion will result in the rejection of the proposed substitution.
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7.4 The Contractor shall bear all of the City's costs associated with the review of
substitution requests. The Contractor shall be responsible for all costs related to a substituted
AS or equal material, process or article. Contractor is directed to the Special Conditions (if any) to
review any findings made pursuant to Public Contract Code section 3400.
8. Stormwater Pollution Prevention Plan. If applicable, the Contractor shall file a Notice of
Intent and procure a State Water Resources Control Board (State Water Board) National
Pollutant Discharge Elimination System General Permit for Waste Discharge Requirements for
Discharges of Storm Water Runoff Associated with Construction Activity (Permit). The
Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution
Prevention Plan (SWPPP) prior to initiating work. The Contractor shall be responsible for
procuring, implementing and complying with the provisions of the Permit and the SWPPP,
including the standard provisions, monitoring and reporting requirements as required by Permit.
It shall be the responsibility of the Contractor to evaluate and include in the Total Contract Price,
the cost of procuring the Permit and preparing the SWPPP as well as complying with the
SWPPP and any necessary revisions to the SWPPP. The Contractor shall also include in the
Total Contract Price the cost of monitoring as required by the Permit.
9. Control and Payment of Subordinates: Contractual Relationship. City retains Contractor
on an independent contractor basis and Contractor is not an employee of City. Any additional
personnel performing the work governed by this Contract on behalf of Contractor shall at all
times be under Contractor's exclusive direction and control. Contractor shall pay all wages,
salaries, and other amounts due such personnel in connection with their performance under this
Contract and as required by law. Contractor shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to: social security taxes, income
tax withholding, unemployment insurance, and workers' compensation insurance.
10. City's Basic Obligation. City agrees to engage and does hereby engage Contractor as
an independent contractor to furnish all materials and to perform all Work according to the terms
and conditions herein contained for the sum set forth above. Except as otherwise provided in
the Contract, the City shall pay to Contractor, as full consideration for the satisfactory
performance by the Contractor of the services and obligations required by this Contract, the
above referenced compensation in accordance with compensation provisions set forth in the
Contract.
11. Compensation and Payment.
11.1 Amount of Compensation. As consideration for performance of the Work
required herein, City agrees to pay Contractor the Total Contract Price of Twenty Thousand,
Two Hundred Fifty Dollars and No Cents, ($20,250.00), ( "Total Contract Price ") provided that
such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or
written change orders approved and signed in advance by the City.
11.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30)
or less calendar days, City will arrange for payment of the Total Contract Price upon completion
and approval by City of the Work. If the Work is scheduled for completion in more than thirty
(30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or
before the fifth (5th) day of each month, Contractor shall submit to the City an itemized
application for payment in the format supplied by the City indicating the amount of Work
completed since commencement of the Work or since the last progress payment. These
applications shall be supported by evidence which is required by this Contract and such other
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documentation as the City may require. The Contractor shall certify that the Work for which
payment is requested has been done and that the materials listed are stored where indicated.
Contractor may be required to furnish a detailed schedule of values upon request of the City
and in such detail and form as the City shall request, showing the quantities, unit prices,
overhead, profit, and all other expenses involved in order to provide a basis for determining the
amount of progress payments.
City shall review and pay all progress payment requests in accordance with the
provisions set forth in Section 20104.50 of the California Public Contract Code. No progress
payments will be made for Work not completed in accordance with this Contract.
11.3 Contract Retentions. From each approved progress estimate, ten percent (10 %)
will be deducted and retained by the City, and the remainder will be paid to Contractor. All
Contract retainage shall be released and paid to the Contractor and subcontractors pursuant to
California Public Contract Code Section 7107.
11.4 Other Retentions. In addition to Contract retentions, the City may deduct from
each progress payment an amount necessary to protect City from loss because of: (1)
liquidated damages which have accrued as of the date of the application for payment; (2) any
sums expended by the City in performing any of Contractor's obligations under the Contract
which Contractor has failed to perform or has performed inadequately; (3) defective Work not
remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be
completed for the unpaid balance of the Total Contract Price or within the scheduled completion
date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from
the Contract; (8) failure of the Contractor to maintain or submit on a timely basis proper and
sufficient documentation as required by the Contract or by City during the prosecution of the
Work; (9) erroneous or false estimates by the Contractor of the value of the Work performed;
(10) any sums representing expenses, losses, or damages as determined by the City, incurred
by the City for which Contractor is liable under the Contract; and (11) any other sums which the
City is entitled to recover from Contractor under the terms of the Contract or pursuant to state
law, including Section 1727 of the California Labor Code. The failure by the City to deduct any
of these sums from a progress payment shall not constitute a waiver of the City's right to such
sums.
11.5 Substitutions for Contract Retentions. In accordance with California Public
Contract Code Section 22300, the City will permit the substitution of securities for any monies
withheld by the City to ensure performance under the Contract. At the request and expense of
the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or
with a state or federally chartered bank in California as the escrow agent, and thereafter the City
shall then pay such monies to the Contractor as they come due. Upon satisfactory completion
of the Contract, the securities shall be returned to the Contractor. For purposes of this Section
and Section 22300 of the Public Contract Code, the term "satisfactory completion of the
contract" shall mean the time the City has issued written final acceptance of the Work and filed
a Notice of Completion as required by law and provisions of this Contract. The Contractor shall
be the beneficial owner of any securities substituted for monies withheld and shall receive any
interest thereon. The escrow agreement used for the purposes of this Section shall be in the
form provided by the City.
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12. Title to Work. As security for partial, progress, or other payments, title to Work for which
such payments are made shall pass to the City at the time of payment. To the extent that title
has not previously been vested in the City by reason of payments, full title shall pass to the City
at delivery of the Work at the destination and time specified in this Contract. Such transferred
title shall in each case be good, free and clear from any and all security interests, liens, or other
encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or
otherwise encumber the items in any manner that would result in any lien, security interest,
charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by
the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and
shall not relieve Contractor of responsibility for any loss of or damage to items.
13. Termination.
13.1 If Contractor fails to commence work as provided in this Contract, or fails to make
delivery of materials promptly as ordered, or to maintain the rate of delivery or progress of the
work in such manner as in the opinion of City's authorized representative will ensure a full
compliance with the Contract within the time limit, or if in the opinion of City's authorized
representative, Contractor is not carrying out the provisions of the contract in their true intent
and meaning, written notice will be served on Contractor and its Surety to provide, within a
specified time to be fixed by City's authorized representative, for satisfactory compliance with
the Contract. If Contractor neglects or refuses to comply with such notice within the time therein
fixed, he /she shall not thereafter exercise any rights under said Contract or be entitled to receive
any of the benefits thereof, except as hereinafter provided, and City's authorized representative
may, with the approval of the City Council, perform any part of the work or purchase any or all of
the material included in the Contract or required for the completion thereof, or take possession
of all or any part of the machinery, tools, appliances, materials and supplies used in the work
covered by the Contract or that have been delivered by or on account of Contractor for use in
connection therewith, and the same may be used either directly by City or by other parties for it,
in the completion of the work.
13.2 City has the right to terminate or abandon any portion or all of the work under this
Contract by giving ten (10) calendar days written notice to Contractor. In such event, City shall
be immediately given title and possession to all original field notes, drawings and specifications,
written reports and other documents produced or developed for that portion of the work
completed and /or being abandoned. City shall pay Contractor the reasonable value of services
rendered for any portion of the work completed prior to termination. If said termination occurs
prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Contractor of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Contractor shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
13.3 Contractor may terminate its obligation to provide further services under this
Contract upon thirty (30) calendar days' written notice to City only in the event of substantial
failure by City to perform in accordance with the terms of this Contract through no fault of
Contractor.
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14. Completion of Work. When the Contractor determines that it has completed the Work
required herein, Contractor shall so notify City in writing and shall furnish all labor and material
releases required by this Contract. City shall thereupon inspect the Work. If the Work is not
acceptable to the City, the City shall indicate to Contractor in writing the specific portions or
items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has
completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the
City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price
remaining to be paid, less any amount which City may be authorized or directed by law to retain.
Payment of retention proceeds due to Contractor shall be made in accordance with Section
7107 of the California Public Contract Code.
15. Contract Interpretation. Should any question arise regarding the meaning or import of
any of the provisions of this Contract or written or oral instructions from City, the matter shall be
referred to City's Representative, whose decision shall be binding upon Contractor.
16. Loss and Damage. Except as may otherwise be limited by law, the Contractor shall be
responsible for all loss and damage which may arise out of the nature of the Work agreed to
herein, or from the action of the elements, or from any unforeseen difficulties which may arise or
be encountered in the prosecution of the Work until the same is fully completed and accepted
by City.
17. Indemnification.
17.1 To the fullest extent permitted by law, the Contractor shall defend, indemnify and
hold harmless the City, its respective officials, officers, agents, employees, and representatives
( "Indemnitees ") from any and all claims, demands, causes of action, costs, expenses, liabilities,
losses, damages (including without limitation the payment of all consequential damages and
attorneys fees and other related costs and expenses) or injuries, in law or equity, regardless of
whether the allegations are false, fraudulent, or groundless, to tangible property or persons
(including wrongful death, accidents or injuries arising from the alleged failure to inspect or to
maintain traffic controllers or traffic signals, injuries or damages occurring during the transport of
products or in rendering services under the Contract Documents, such as automobile accidents,
trip /slip and fall accidents and third party assaults) arising out of or resulting from the
performance of the Work or this Contract (including claims made by subcontractors for
nonpayment), to the extent that the acts, omissions or willful misconduct are attributable to the
Contractor or anyone employed directly or indirectly by any of them. Contractor shall defend, at
Contractor's own cost, expense and risk, with legal counsel of Indemnitee's choosing, any and
all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against the City, its respective officials, officers, agents, employees and
representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment,
award or decree that may be rendered against the City and its respective officials, officers,
agents, employees, and representatives, in any such suit, action or other legal proceeding.
Contractor shall reimburse the City and its respective officials, officers, agents, employees, and
representatives for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided. The only limitations on this provision
shall be those imposed by Civil Code section 2782.
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17.2 The duty to defend and to hold harmless, as set forth above, shall include the
duty to defend as established by Section 2778 of the California Civil Code, and the duty to
defend shall arise upon the making of any claim or demand against the City, its respective
officials, officers, agents, employees and representatives, notwithstanding that no adjudication
of the underlying facts has occurred, and whether or not Contractor has been named in the
claim or lawsuit.
17.3 Nothing contained in the preceding sections shall be deemed to obligate the
Contractor to indemnify the City or any of the other Indemnitees, against liability for damages or
any other loss, damage or expense sustained, suffered or incurred on account of death or bodily
injury to active persons or injury to property caused by the sole negligence or willful misconduct
of the City or any of the other Indemnitees set forth above. Therefore, if it is determined by legal
proceedings or agreement, that the Contractor has no direct contributory or incidental
negligence or other obligation to the City or the other Indemnitees, and the Contractor is in no
way a proper party to a particular claim, then the Contractor shall not be obligated to hold the
City or any Indemnitees harmless with respect to said claim. However, until such determination
is made by legal proceedings or agreement, or if the Contractor is found to have any degree of
direct or contributory negligence or if it is determined that the Contractor is in any way or to any
degree a proper party to said claim, then the Contractor's obligations under all of the terms and
provisions of the preceding section shall remain in full force and effect.
17.4 Nothing in this provision, or elsewhere in the Contract Documents, shall be
deemed to relieve the Contractor of its duty to defend the City or any Indemnitee, as specified
under this Article, pending a determination of the respective liabilities of the City or any
Indemnitee, by legal proceeding or agreement.
17.5 In furtherance to, but not in limitation of the indemnity provisions in this Contract,
Contractor hereby expressly and specifically agrees that its obligation to indemnify, defend and
hold harmless as provided in this Contract shall not in any way be affected or diminished by any
statutory or constitutional immunity it enjoys from suits by its own employees or from limitations
of liability or recovery under workers' compensation laws.
18. Insurance.
18.1 Time for Compliance. Contractor shall not commence Work under this Contract
until it has provided evidence satisfactory to the City that it has secured all insurance required
under this section. In addition, Contractor shall not allow any subcontractor to commence work
on any subcontract until it has provided evidence satisfactory to the City that the subcontractor
has secured all insurance required under this section.
18.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain
for the duration of the Contract insurance against claims for injuries to persons or damages to
property which may arise from or in connection with the performance of the Work hereunder by
the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also
require all of its subcontractors to procure and maintain the same insurance for the duration of
the Contract. Such insurance shall meet at least the following minimum levels of coverage:
(a) Minimum Scope of Insurance. Coverage shall be at least as broad as the
latest version of the following: (1) General Liability: Insurance Services Office Commercial
General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance
Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers'
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Compensation and Employer's Liability. Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance; and (4) Builders %All Risk: Builders'/All
Risk insurance covering for all risks of loss, including explosion, collapse, underground
excavation and removal of lateral support (and including earthquakes and floods if requested by
the City).
(b) Minimum Limits of Insurance. Contractor shall maintain limits no less
than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability Insurance or other form with a general
aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate
limit shall apply separately to this Contract/location or the general aggregate limit shall be twice
the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury
and property damage; (3) Workers' Compensation and Employer's Liability: Workers'
compensation limits as required by the Labor Code of the State of California. Employer's
Liability limits of $1,000,000 per accident for bodily injury or disease; and (4) Builders %All Risk:
Completed value of the project.
18.3 Insurance Endorsements. The insurance policies shall contain the following
provisions, or Contractor shall provide endorsements on forms supplied or approved by the City
to add the following provisions to the insurance policies:
(a) General Liability. (1) The City, its directors, officials, officers, employees,
agents and volunteers shall be covered as additional insureds with respect to the Work or
operations performed by or on behalf of the Contractor, including materials, parts or equipment
furnished in connection with such work; and (2) the insurance coverage shall be primary
insurance as respects the City, its directors, officials, officers, employees, agents and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's
scheduled underlying coverage. Any insurance or self- insurance maintained by the City, its
directors, officials, officers, employees, agents and volunteers shall be excess of the
Contractor's insurance and shall not be called upon to contribute with it.
(b) Automobile Liability. (1) The City, its directors, officials, officers,
employees, agents and volunteers shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired
or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance
coverage shall be primary insurance as respects the City, its directors, officials, officers,
employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage
excess of the Contractor's scheduled underlying coverage. Any insurance or self- insurance
maintained by the City, its directors, officials, officers, employees, agents and volunteers shall
be excess of the Contractor's insurance and shall not be called upon to contribute with it in any
way.
(c) Workers' Compensation and Employer's Liability Coverage. The insurer
shall agree to waive all rights of subrogation against the City, its directors, officials, officers,
employees, agents and volunteers for losses paid under the terms of the insurance policy which
arise from work performed by the Contractor.
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(d) All Coverages. Each insurance policy required by this Contract shall be
endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled
except after thirty (30) days prior written notice by certified mail, return receipt requested, has
been given to the City; and (2) any failure to comply with reporting or other provisions of the
policies, including breaches of warranties, shall not affect coverage provided to the City, its
directors, officials, officers, employees, agents and volunteers.
18.4 Builders'/All Risk Policy Requirements. The builders' /all risk insurance shall
provide that the City be named as loss payee. In addition, the insurer shall waive all rights of
subrogation against the City.
18.5 Separation of Insureds; No Special Limitations. All insurance required by this
Section shall contain standard separation of insureds provisions. In addition, such insurance
shall not contain any special limitations on the scope of protection afforded to the City, its
directors, officials, officers, employees, agents and volunteers.
18.6 Deductibles and Self- Insurance Retentions. Any deductibles or self- insured
retentions must be declared to and approved by the City. Contractor shall guarantee that, at the
option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -
insured retentions as respects the City, its directors, officials, officers, employees, agents and
volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and
related investigation costs, claims and administrative and defense expenses.
18.7 Acceptabilitv of Insurers. Insurance is to be placed with insurers with a current
A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to
the City.
18.8 Verification of Coverage. Contractor shall furnish City with original certificates of
insurance and endorsements effecting coverage required by this Contract on forms satisfactory
to the City. The certificates and endorsements for each insurance policy shall be signed by a
person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied
or approved by the City. All certificates and endorsements must be received and approved by
the City before work commences. The City reserves the right to require complete, certified
copies of all required insurance policies, at any time.
18.9 Subcontractors. All subcontractors shall meet the requirements of this Section
before commencing Work. In addition, Contractor shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein.
18.10 Reporting of Claims. Contractor shall report to the City, in addition to
Contractor's insurer, any and all insurance claims submitted by Contractor in connection with
the Work under this Contract.
19. Bond Requirements.
19.1 Payment Bond. If required by law because the Total Contract Price exceeds
$25,000 or otherwise specifically requested by City in Exhibit "C" attached hereto and
incorporated herein by reference, Contractor shall execute and provide to City concurrently with
this Contract a Payment Bond in an amount required by the City and in a form provided or
RVPUB \SDE1TSC1i\740726.3 10
approved by the City. If such bond is required, no payment will be made to Contractor until the
bond has been received and approved by the City.
19.2 Performance Bond. If specifically requested by City in Exhibit "C" attached
hereto and incorporated herein by reference, Contractor shall execute and provide to City
concurrently with this Contract a Performance Bond in an amount required by the City and in a
form provided or approved by the City. If such bond is required, no payment will be made to
Contractor until the bond has been received and approved by the City.
19.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient or
any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond
within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends
to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given
to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior
to expiration of the original bonds. No further payments shall be deemed due or will be made
under this Contract until any replacement bonds required by this Section are accepted by the
City. To the extent, if any, that the Total Contract Price is increased in accordance with the
Contract, the Contractor shall, upon request of the City, cause the amount of the bond to be
increased accordingly and shall promptly deliver satisfactory evidence of such increase to the
City. If the Contractor fails to furnish any required bond, the City may terminate the Contract for
cause.
19.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as
defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a
California- admitted surety insurer issuing bonds does not meet these requirements, the insurer
will be considered qualified if it is in conformance with Section 995.660 of the California Code of
Civil Procedure, and proof of such is provided to the City.
20. Safety. Contractor shall execute and maintain its work so as to avoid injury or damage
to any person or property. Contractor shall comply with the requirements of the specifications
relating to safety measures applicable in particular operations or kinds of work. In carrying out
its Work, the Contractor shall at all times be in compliance with all applicable local, state and
federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the Work and the conditions under which the Work is to
be performed. Safety precautions as applicable shall include, but shall not be limited to,
adequate life protection and life saving equipment; adequate illumination for underground and
night operations; instructions in accident prevention for all employees, such as machinery
guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures,
trenching and shoring, fall protection and other safety devices, equipment and wearing apparel
as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for
the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall
prominently display the names and telephone numbers of at least two medical doctors
practicing in the vicinity of the Project, as well as the telephone number of the local ambulance
service, adjacent to all telephones at the Project site.
21. Warranty. Contractor warrants all Work under the Contract (which for purposes of this
Section shall be deemed to include unauthorized work which has not been removed and any
non - conforming materials incorporated into the Work) to be of good quality and free from any
defective or faulty material and workmanship. Contractor agrees that for a period of one year
(or the period of time specified elsewhere in the Contract or in any guarantee or warranty
provided by any manufacturer or supplier of equipment or materials incorporated into the Work,
RVPUB \SDEITSCH\740726.3 11
whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after
being notified in writing by the City of any defect in the Work or non - conformance of the Work to
the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms
of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the
City in response to an emergency. In addition, Contractor shall, at its sole cost and expense,
repair and replace any portions of the Work (or work of other contractors) damaged by its
defective Work or which becomes damaged in the course of repairing or replacing defective
Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work
shall be reinstated for an additional one year period, commencing with the date of acceptance of
such corrected Work. Contractor shall perform such tests as the City may require to verify that
any corrective actions, including, without limitation, redesign, repairs, and replacements comply
with the requirements of the Contract. All costs associated with such corrective actions and
testing, including the removal, replacement, and reinstitution of equipment and materials
necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and
guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the
Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of
the City, regardless of whether or not such warranties and guarantees have been transferred or
assigned to the City by separate agreement and Contractor agrees to enforce such warranties
and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform
its obligations under this Section, or under any other warranty or guaranty under this Contract,
to the reasonable satisfaction of the City, the City shall have the right to correct and replace any
defective or non - conforming Work and any work damaged by such work or the replacement or
correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse
the City for any expenses incurred hereunder upon demand.
22. Laws and Regulations. Contractor shall keep itself fully informed of and in compliance
with all local, state and federal laws, rules and regulations in any manner affecting the
performance of the Contract or the Work, including all Cal /OSHA requirements, and shall give
all notices required by law. Contractor shall be liable for all violations of such laws and
regulations in connection with Work. If the Contractor observes that the drawings or
specifications are at variance with any law, rule or regulation, it shall promptly notify the City in
writing. Any necessary changes shall be made by written change order. If the Contractor
performs any work knowing it to be contrary to such laws, rules and regulations and without
giving written notice to the City, the Contractor shall be solely responsible for all costs arising
therefrom. City is a public entity of the State of California subject to certain provisions of the
Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State.
It is stipulated and agreed that all provisions of the law applicable to the public contracts of a
municipality are a part of this Contract to the same extent as though set forth herein and will be
complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Contract, from any claim or liability arising out of any failure or alleged failure to comply with
such laws, rules or regulations.
22.1 Immigration Reform and Control Act. Contractor acknowledges that Contractor,
and all subcontractors hired by Contractor to perform services under this Agreement, are aware
of and understand the Immigration Reform and Control Act ( "IRCA "). Contractor is and shall
remain in compliance with the IRCA and shall ensure that any subcontractors hired by
Contractor to perform services under this Agreement are in compliance with the IRCA. In
addition, Contractor agrees to indemnify, defend and hold harmless the City, its agents, officers
and employees, from any liability, damages or causes of action arising out of or relating to any
claims that Contractor's employees, or the employees of any subcontractor hired by Contractor,
RVPUB \SDEITSCH\740726.3 12
are not authorized to work in the United States for Contractor or its subcontractor and /or any
other claims based upon alleged IRCA violations committed by Contractor or Contractor's
subcontractor(s).
23. Permits and Licenses. Contractor shall be responsible for securing City permits and
licenses necessary to perform the Work described herein, including, but not limited to, a City
Business License. While Contractor will not be charged a fee for any City permits, Contractor
shall pay the City's applicable business license fee. Any ineligible contractor or subcontractor
pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
24. Labor Code Provisions.
24.1 Apprenticeable Crafts. If the Total Contract Price exceeds $35,000 and if
Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with
the provisions of Section 1777.5 of the California Labor Code with respect to the employment of
properly registered apprentices upon public works. The primary responsibility for compliance
with said section for all apprenticeable occupations shall be with Contractor.
24.2 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a
legal day's work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit
a penalty of $25.00 per worker for each day that each worker is permitted to work more than
eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except
when payment for overtime is made at not less than one and one -half (1 -1/2) times the basic
rate for that worker.
24.3 Contractor's Labor Certification. By its signature hereunder, Contractor certifies
that he is aware of the provisions of Section 3700 of the California Labor Code which require
every employer to be insured against liability for Worker's Compensation or to undertake self -
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Work.
25. Labor and Material Releases. Contractor shall furnish City with labor and material
releases from all subcontractors performing work on, or furnishing materials for, the work
governed by this Contract prior to final payment by City.
26. Equal Opportunity Employment. Contractor represents that it is an equal opportunity
employer and that it shall not discriminate against any employee or applicant for employment
because of race, religion, color, national origin, ancestry, sex, age or other interests protected
by the State or Federal Constitutions. Such non - discrimination shall include, but not be limited
to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination.
27. Anti -Trust Claims. This provision shall be operative if this Contract is applicable to
California Public Contract Code Section 7103.5. In entering into this Contract to supply goods,
services or materials, the Contractor hereby offers and agrees to assign to the City all rights,
title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act
(15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700,
of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods,
services, or materials pursuant to the Contract. This assignment shall be made and become
effective at the time the City tender final payment to the Contractor, without further
acknowledgment by the Parties.
RVPUB \SDEITSCH\740726.3 13
28. Claims of $375.000 or Less. Notwithstanding any other provision herein, claims of
$375,000 or less shall be resolved pursuant to the alternative dispute resolution procedures set
forth in California Public Contract Code §§ 20104, et seg.
29. Claims. Pursuant to Public Contract Code Section 9201, the City shall provide the
Contractor with timely notification of the receipt of any third -party claim, relating to the Contract.
The City is entitled to recover its reasonable costs incurred in providing such notification.
30. Prohibited Interests.
30.1 Solicitation. Contractor maintains and warrants that it has not employed nor
retained any company or person, other than a bona fide employee working solely for Contractor,
to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it
agreed to pay any company or person, other than a bona fide employee working solely for
Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Contract. For breach or violation
of this warranty, City shall have the right to terminate this Contract without liability.
30.2 Conflict of Interest. For the term of this Contract, no member, officer or
employee of City, during the term of his or her service with City, shall have any direct interest in
this Contract, or obtain any present or anticipated material benefit arising there from. In
addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a
Statement of Economic Interest with the City's Filing Officer as required under state law in the
performance of the Work.
31. Certification of License. Contractor certifies that as of the date of execution of this
Contract, Contractor has a current contractor's license of the classification indicated below
under Contractor's signature.
32. General Provisions.
32.1 Notices. All notices hereunder and communications regarding interpretation of
the terms of the Contract or changes thereto shall be provided by the mailing thereof by
registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CSC
City of Arcadia
240 West Huntington Drive
Arcadia, CA 91066
Attn: Dave McVey,
General Services Superintendent
Contractor
Western States Roof Systems, Inc.
18605 Parthenia Street
Northridge, CA 91324
Attn: Preston Reeves,
Officer
Any notice so given shall be considered received by the other Party three (3) days after deposit
in the U.S. Mail as stated above and addressed to the Party at the above address. Actual
notice shall be deemed adequate notice on the date actual notice occurred, regardless of the
method of service.
RVPUB \SDEITSCH\740726.3 14
32.2 Time of Essence. Time is of the essence in the performance of this Contract.
32.3 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law,
assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor
herein without the prior written consent of City. If Contractor attempts an assignment or transfer
of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate
and revoke the Contract and shall thereupon be relieved from any and all obligations to
Contractor or its assignee or transferee.
32.4 Cooperation: Further Acts. The Parties shall fully cooperate with one another,
and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
32.5 City's Right to Employ Other Contractors. City reserves right to employ other
contractors in connection with this Project.
32.6 Construction: References: Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Contractor include all personnel, employees, agents, and
subcontractors of Contractor, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the
scope, content or intent of this Agreement.
32.7 Waiver. No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or
service voluntarily given or performed by a Party shall give the other Party any contractual rights
by custom, estoppel or otherwise.
32.8 No Third Party Beneficiaries. There are no intended third party beneficiaries of
any right or obligation assumed by the Parties.
32.9 Invalidity: Severabilitv. If any portion of this Agreement is declared invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall
continue in full force and effect.
32.10 Governinq Law. This Contract shall be governed by California law. Venue shall
be in Los Angeles County.
32.11 Counterparts. This Contract may be executed in counterparts, each of which
shall constitute an original.
32.12 Successors. The Parties do for themselves, their heirs, executors, administrators,
successors, and assigns agree to the full performance of all of the provisions contained in this
Contract.
32.13 Attorneys' Fees. If either Party commences an action against the other Party,
either legal, administrative or otherwise, arising out of or in connection with this Contract, the
RVPUB \SDEITSCH\740726.3 15
prevailing Party in such action shall be entitled to have and recover from the losing Party
reasonable attorneys' fees and all other costs of such action.
32.14 Authority to Enter Contract. Each Party warrants that the individuals who have
signed this Contract have the legal power, right and authority to make this Contract and bind
each respective Party.
32.15 Entire Contract: Modification. This Contract contains the entire agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Contract may only be modified by a writing signed by both
Parties.
IN WITNESS WHEREOF, each of the Parties has caused this Contract to be executed
on the day and year first above written.
CITY OF ARCADIA
By:
40 pwwv-�'�J
Donald Penman
City Manager
Attest:
�1rL
Chief
City Clerk
RVPUB \SDEITSCH\740726.3 16
WESTERN STATES OOF SYSTEM, INC.
By:
Print Name
�r tce,�
Title
Attest:
rs.
Tom Tait
Public Works Services Director
EXHIBIT "A"
PLANS AND SPECIFICATIONS
The following plans and specifications are incorporated into this Contract herein by this
reference:
PLEASE REFERENCE ATTACHED SPECIFICATIONS "EXHIBIT A — ATTACHMENT"
RVPUB \SDEITSCH\740726.3 17
EXHIBIT "A" - ATTACHMENT
SECTION 07 0151 - MAINTENANCE OF MODIFIED
BITUMINOUS MEMBRANE ROOFING
PART 1— GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including the Conditions of the Contract
and Division 01 Specification Sections apply to this Section.
B. Related Sections:
1. Section 07 05 00 - Common Work Results for Thermal and Moisture Protection.
2. Roof Insulation: Section 07 22 00 - Roof Insulation.
1.2 SUMMARY
A. Section includes products and procedures for properly maintaining existing roof.
Maintenance activities include but are not limited to the following:
1. Scope of Work:
a. Properly clean and prepare areas for repairs.
b. Cut open all blister and allow airing
C. Fill blisters with Garla Flex
d. Torch apply StressPly IV mineral
e. Seal all coping joints with Tuff Stuff non sag urethane sealant. Add sealant
around scuppers and down spout area.
f. Three course all open lap side and end laps in the field of the roof.
g. Apply Garla Flex to all penetrations and flashings.
h. Clean and remove all debris
B. Related Sections: N/A
1.3 REFERENCES
A. The following resource documents will be provided by the Owner for the Contractor's use
in maintaining the roofing system:
1. Record Specifications
SECTION 07 0151 - MAINTENANCE OF MODIFIED BITUMINOUS MEMBRANE ROOFING - 1 -
EXHIBIT "A" - ATTACHMENT
2. Installer warranty.
Construction progress documentation
1.4 SUBMITTALS FOR REVIEW
A. Product Data: Provide manufacturer's technical product data for each type of roofing
product specified. Include data substantiating that materials comply with specified
requirements.
1.5 SUBMITTALS FOR INFORMATION
A. Manufacturer's Installation Instructions: Submit installation instructions and
recommendations indicating special precautions required for installing the membrane.
B. Manufacturer's Certificate: Certify that materials are manufactured in the United States and
conform to requirements specified herein, are chemically and physically compatible with
each other, and are suitable for inclusion within the total roof system specified herein.
C. Manufacturer's Certificate: Submit a certified copy of the roofing manufacturer's ISO 9001
compliance certificate.
D. Test Reports: Submit test reports, prepared by an independent testing agency, for all
modified bituminous sheet roofing, indicating compliance with ASTM D5147.
E. Written certification from the roofing system manufacturer certifying the applicator is
currently authorized for the installation of the specified roof system.
1.6 CONTRACT CLOSEOUT SUBMITTALS
A. General: Comply with Requirements of Division 01 Section - Closeout Submittals.
B. Special Project Warranty: Provide specified warranty for the project, executed by the
authorized agent of the manufacturer.
C. Insurance Certification: Assist owner in preparation and submittal of roof installation
acceptance certification as may be necessary in connection with fire and extended coverage
insurance on roofing and associated work.
1.7 QUALITY ASSURANCE
A. Manufacturer Qualifications: Company specializing in manufacturing the products
specified in this Section with not less than 12 years documented experience and have ISO
9001 certification.
B. Installer Qualifications: Company specializing in modified bituminous roofing installation
with not less than 5 years experience and authorized by roofing system manufacturer as
qualified to install manufacturer's roofing materials.
SECTION 07 0151 - MAINTENANCE OF MODIFIED BITUMINOUS MEMBRANE ROOFING - 2 -
EXHIBIT "A" - ATTACHMENT
C. Installer's Field Supervision: Maintain a full -time Supervisor/Foreman on job site during
all phases of roofing work while roofing work is in progress. Maintain proper supervision
of workmen.
D. Maintain a copy of the contract documents in the possession of the Supervisor/Foreman
and on the roof at all times.
E. Source Limitations: Obtain all components of roof system from a single manufacturer.
Secondary products that are required shall be recommended and approved in writing by the
roofing system manufacturer.
Upon request of the architect or owner, submit manufacturer's written approval of
secondary components in list form, signed by an authorized agent of the
manufacturer.
F. Source Quality Control: Manufacturer shall have in place a documented, standardized
quality control program such as ISO -9001.
1.8 DELIVERY, STORAGE AND HANDLING
A. Deliver products to site with seals and labels intact, in manufacturer's original containers,
dry and undamaged.
B. Store and handle roofing sheets in a dry, well - ventilated, weather -tight place to prevent
moisture exposure. Store rolls of felt and other sheet materials on pallets or other raised
surface. Stand all roll materials on end. Cover roll goods with a canvas tarpaulin or other
breathable material (not polyethylene).
C. Do not leave unused materials on the roof overnight or when roofing work is not in
progress unless protected from weather and other moisture sources.
D. Secure all material and equipment on the job site. If any material or equipment is stored on
the roof, assure that the integrity of the deck is not compromised at any time. Damage to
the deck caused by the Contractor's actions will be the sole responsibility of the Contractor,
and the deck will be repaired or replaced at his expense.
1.9 PRE- INSTALLATION CONFERENCE
A. Pre- Installation Roofing Conference: Convene a pre - roofing conference approximately two
(2) weeks before scheduled commencement of modified bituminous roofing system
installation and associated work.
B. Require attendance of installer of each component of associated work, installers of deck or
substrate construction to receive roofing work, installers of rooftop units and other work in
and around roofing that must precede or follow roofing work (including mechanical work
if any), Architect, Owner, roofing system manufacturer's representative, and other
representatives directly concerned with performance of the work, including (where
applicable) Owner's insurers, testing agencies and governing authorities. Objectives of
conference include:
SECTION 07 01 5 1 - MAINTENANCE OF MODIFIED BITUMINOUS MEMBRANE ROOFING - 3 -
EXHIBIT "A" - ATTACHMENT
1. Review foreseeable methods and procedures related to roofing work, including set
up and mobilization areas for stored material and work area.
2. Tour representative areas of roofing substrates (decks), inspect and discuss
condition of substrate, roof drains, curbs, penetrations and other preparatory work
performed by others.
Review roofing system requirements ( specifications and other contract
documents).
4. Review required submittals both completed and yet to be completed.
5. Review and finalize construction schedule related to roofing work and verify
availability of materials, installer's personnel, equipment and facilities needed to
make progress and avoid delays.
6. Review required inspection, testing, certifying and material usage accounting
procedures.
7. Review weather and forecasted weather conditions and procedures for coping with
unfavorable conditions, including possibility of temporary roofing (if not
mandatory requirement).
8. Review notification procedures for weather or non - working days.
1.10 MANUFACTURER'S INSPECTIONS
A. When the project is in progress, the roofing system manufacturer will provide the
following:
1. Report progress and quality of the work as observed.
2. Provide daily job site inspections.
3. Report to the or Owner in writing any failure or refusal of the Contractor to correct
unacceptable practices called to the Contractor's attention.
4. Confirm after completion that manufacturer has observed no application procedures
in conflict with the specifications other than those that may have been previously
reported and corrected.
1.11 PROJECT CONDITIONS
A. Proceed with roofing work only when existing and forecasted weather conditions will
permit a unit of work to be installed in accordance with manufacturer's recommendations
and warranty requirements.
B. Do not apply roofing insulation or membrane to damp deck surface.
C. Do not expose materials subject to water or solar damage in quantities greater than can be
weatherproofed during same day.
SECTION 07 0151 - MAINTENANCE OF MODIFIED BITUMINOUS MEMBRANE ROOFING - 4 -
EXHIBIT "A" - ATTACHMENT
D. All slopes greater than 2:12 require back - nailing to prevent slippage of the ply sheets. Use
ring or spiral -shank one (1) inch cap nails, or screws and plates at a rate of one (1) fastener
per ply (including the membrane) at each insulation stop. Place insulation stops at 16 ft o.c.
for slopes less than 3:12 and four (4) ft o.c. for slopes greater than 3:12. On non - insulated
systems, nail each ply directly into the deck at the rate specified above. When slope
exceeds 2:12, install all plies parallel to the slope (strapping) to facilitate backnailing.
Install four (4) additional fasteners at the upper edge of the membrane when strapping the
plies.
1.12 SEQUENCING AND SCHEDULING
A. Sequence installation of roofing with related units of work specified in other Sections to
ensure that roof assemblies, including roof accessories, flashing, trim and joint sealers, are
protected against damage from effects of weather, corrosion and adjacent construction
activity.
B. Complete all roofing field assembly work each day. Phased construction will not be
accepted.
1.13 WARRANTY
A. Installer will submit a two 2 year warranty to the membrane manufacturer with a copy
directly to Owner.
PART 2 — PRODUCTS
2.1 ACCEPTABLE MANUFACTURERS
A. When a particular trade name or performance standard is specified it shall be indicative of
a standard required.
B. Provide maintenance products as manufactured by
The Garland Company
3800 East 91 st Street
Cleveland, Ohio 44105
Sean Magee
310 420 0713
smagee @garlandind.com
2.2 TEMPORARY ROOFING MATERIALS AS NEEDED FOR TEMPORARY WATER STOPS
A. Sheathing Paper: Red -rosin type, minimum 3 lb /100 sq. ft. (0.16 kg /sq. m).
B. Base Sheet: ASTM D4601, Type II, nonperforated, asphalt- coated, glass -fiber sheet.
C. Glass -Fiber Felts: ASTM D2178, Type IV, asphalt- impregnated, glass -fiber felt.
D. Asphalt Primer: ASTM D41.
SECTION 07 0151 - MAINTENANCE OF MODIFIED BITUMINOUS MEMBRANE ROOFING - 5 -
EXHIBIT "A" - ATTACHMENT
E. Roofing Asphalt: ASTM D312, Type III or IV.
2.3 MAINTENANCE MATERIALS
A. Base flashing ply:
1. Modified Membrane: STRESSPLY IV MINERAL 195 mil SBS (Styrene -
Butadiene- Styrene) mineral surfaced rubber modified roofing membrane with a
dual fiberglass scrim. This membrane is designed for torch applications and has a
burn -off backer that indicates when the material is hot enough to be installed.
2. Modified Membrane: STRESSPLY IV MINERAL 195 mil SBS (Styrene -
Butadiene- Styrene) mineral surfaced rubber modified roofing membrane with a
dual fiberglass scrim. This membrane is designed for torch applications and has a
burn -off backer that indicates when the material is hot enough to be installed.
2.4 BITUMINOUS MATERIALS
A. Asphalt Primer: Garla Prime V.O.C. compliant, ASTM D41.
B. Asphalt Roofing Mastic: Garla Flex V.O.C. compliant, ASTM D4586, Type II.
2.5 SHEET MATERIALS
A. Reinforcing Fabric:
1. Fiberglass mesh, Garmesh
B. Base Flashing Ply: SBS StressPly IV mineral Torch Grade Sheet with woven fiberglass
scrim reinforcement with the following minimum performance requirements according to
ASTM D5147. Properties: (Finished Membrane):
1. Tensile Strength (ASTM D -5147)
a. 2 in/min. @ 73.4 ± 3.67 MD 210 lbf /in CMD 210 lbf /in
b. 50 mm /min. @ 23 f 3°C MD 36.7 kN /m CMD 36.7 kN /m
2. Tear Strength (ASTM D5147)
a. 2 in/min. @ 73.4 f 3.6 °F MD 250 lbf CMD 250 lbf
b. 50 mm /min. @ 23 f 3°C MD 1112N CMD 1112N
3. Elongation at Maximum Tensile (ASTM D5147)
a. 2 in /min. @ 73.4 f 3.6 °F MD 4.0% CMD 4.0%
SECTION 07 0151 - MAINTENANCE OF MODIFIED BITUMINOUS MEMBRANE ROOFING - 6 -
EXHIBIT "A" - ATTACHMENT
b. 50 mm/min. @ 23 f 3 °C MD 4.0% CMD 4.0%
C. Modified Flashing Ply:
1. STRESSPLY IV MINERAL
D. Modified Membrane Properties (Finished Membranes): STRESSPLY IV MINERAL;
ASTM D6163, Type III Grade G
1. Tensile Strength (ASTM D5147)
a. 2 in/min. @ 73.4 ± 3.6 °F MD 210 lbf /in CMD 210 lbf /in
b. 50 mm/min. @ 23 f 3°C MD 36.7 kN /m CMD 36.7 kN /m
2. Tear Strength (ASTM D5147)
a. 2 in /min. @ 73.4 f 3.6 °F MD 250 lbf CMD 250 lbf
b. 50 mm/min. @ 23 f 3°C MD 1112 N CMD 1112 N
3. Elongation at Maximum Tensile (ASTM D5147)
a. 2 in/min. @ 73.4 f 3.6 °F MD 6.0% CMD 6.0%
b. 50 mm/min. @ 23 f 3°C MD 6.0% CMD 6.0%
4. Low Temperature Flexibility (ASTM D5147): Passes -20 °F ( -29 °C)
2.6 SURFACINGS: N/A
A. Mineral Surfaced Membranes - Starburst Minerals. Loose granules for bleed out shall
match size and color of granulated membrane sheet.
1. Initial Reflectance of Mineral Sheet 50% - 60%
2. Aged Reflectance of Mineral Sheet > 50%
3. Bulk Mineral Reflectance 65% - 85%
4. Specific Gravity > 2.5
PART 3 — EXECUTION
3.1 EXAMINATION
A. Examine substrate surfaces and conditions under which roofing maintenance will be
performed. Do not proceed with roofing until unsatisfactory conditions have been
corrected in a manner acceptable to Roofing System Manufacturer and Maintenance
Contractor.
SECTION 07 0151 - MAINTENANCE OF MODIFIED BITUMINOUS MEMBRANE ROOFING - 7 -
EXHIBIT "A" - ATTACHMENT
3.2 DOCUMENTING EXISTING CONDITIONS
A. Document existing conditions with high - resolution photographic equipment and provide
supplemental written reports for the Owner's records.
3.3 SAMPLING AND TESTING
A. Prepare samples, such as core cuts, and deliver to a qualified testing agency for evaluation.
I . Samples shall be of adequate size to perform testing procedures. Confer with the
Owner's testing agency to assure adequate sampling.
2. Place samples in containers approved by the Roofing System Manufacturer and
ship in a manner that preserves their condition.
3.4 MAINTENANCE MEETING
A. Prior to executing maintenance procedures, meet with the Owner and /or Owner's Facility
Manager to review maintenance records, field reports, photographs, and certified test
reports, and detailed proposals describing the extent of maintenance procedures and repairs
required.
B. Do not proceed with maintenance procedures and repairs without the approval of the
Owner and /or Owner's Facility Manager
3.5 MAINTENANCE REQUIREMENTS, GENERAL
A. Cooperate with manufacturer, inspection and test agencies engaged or required to perform
services in connection with the Owner's roofing maintenance programs.
B. Insurance /Code Compliance: Comply with governing regulations and the Owner's
insurance requirements.
C. Protect other work from spillage of roofing materials and prevent materials from entering
or clogging drains and conductors. Replace or restore surfaces damaged during
maintenance.
D. Apply roofing materials as specified herein unless recommended otherwise by
manufacturer's instructions. Keep roofing materials dry before and during application.
3.6 ROOFING MAINTENANCE PROCEDURES
A. Blister Repairs:
Clean and prime the area.
2. Cut and open blisters down to solidly- adhered plies of the existing roof system. Use
a roofer's knife to open the blister with an "X" or "H" cut. Fold the flaps and
remove moisture. Permit the area to dry before applying repair materials.
SECTION 07 0151 - MAINTENANCE OF MODIFIED BITUMINOUS MEMBRANE ROOFING - 8-
EXHIBIT "A" - ATTACHMENT
3. Apply a liberal coating of specified mastic into the blister. Firmly press the flaps
into the bituminous material and trim the edges to ensure proper fit.
4. Apply a coating of bituminous material over the repaired area extending a
minimum of eight (8) inches beyond the cuts. Embed a strip of fiberglass mesh into
the bituminous material and brush or roll firmly. Apply a second coat of
bituminous material over the fabric and onto the roof surface.
5. Apply one (1) ply of torch applied membrane. Strip in the edges with a three - course
mastic and mesh application.
B. Coping joint Repair:
Remove all loose dirt, sealant, and debris along the coping joint.
2. Install a Tuff Stuff non sag urethane sealant to coping joint.
C. Pitch Pocket Repair:
1. Fill pitch pocket with Garla Flex. Taper the mastic at the edge of the pitch pocket to
ensure water run -off.
2. Apply a coating of mastic around the pitch pocket at the manufacturer's
recommended spreading rate extending a not less than twelve (12) inches onto the
horizontal roofing surface.
Cut four (4) strips of fiberglass mesh. Each strip should be twelve (12) inches wide
and be of sufficient length so as to extend a minimum of twelve (12) inches beyond
the pitch pan.
4. Embed a strip into the mastic along each side of the pitch pocket. Brush or roll the
fabric into place to ensure proper embedment.
Top dress the area with mastic.
D. Base and Lap Flashing Repair:
Seal all vertical and horizontal lap failures three - course application of Garla Flex
Bond and garmesh and aluminize.
E. Soil Stack and Vent Repair:
1. Clean and prime the area with Garla Prime.
2. Apply a liberal coating of mastic in an area six (6) to eight (8) inches on the
horizontal surface surrounding the stack or vent.
3. Cut four (4) strips of fiberglass mesh in sufficient length to cover the horizontal
roof surface on each side of the stack or vent.
4. Embed the strips of fabric into the mastic and top dress with a second coat of
mastic.
SECTION 07 0151 - MAINTENANCE OF MODIFIED BITUMINOUS MEMBRANE ROOFING - 9 -
EXHIBIT "A" - ATTACHMENT
5. Cut a piece of fabric sufficient to extend a minimum of twelve (12) inches around
the perimeter of the vent or stack. Cut a hole in the center of the mesh slightly
smaller than the diameter of the vent. Position the mesh by pulling it down over the
vent and into the mastic. Top dress with another coat of mastic.
3.7 SURFACING
A. Non - Fibered Aluminum Paint: Garla - Brite; installed at a rate of three quaters ( % ) gallon
per square per coat. This shall be a two -coat application with the finished stroke in one
direction.
3.8 CLEANING
A. Remove bitumen adhesive drippings from all walls, windows, floors, ladders and finished
surfaces.
B. In areas where finished surfaces are soiled by work of this Section, comply with the
cleaning instructions of the manufacturer of surfaces.
C. Repair or replace defaced or disfigured finishes caused by work of this section.
3.9 CONSTRUCTION WASTE MANAGEMENT
A. Remove and properly dispose of waste products generated during maintenance procedures.
Comply with requirements of authorities having jurisdiction
3.10 FINAL INSPECTION
A. Upon completion of roofing maintenance work, meet with Installer, installer of associated
work, Owner, roofing system manufacturer's representative, and other representatives
directly concerned with performance of roofing system.
B. Walk roof surface areas of the building, inspect perimeter building edges as well as
flashing of roof penetrations, walls, curbs and other equipment. List all items requiring
correction or completion and furnish copy of list to each party in attendance.
C. At the manufacturer's discretion a thermographic scan of the roof during final inspection
may be performed to determine the presence of damp or wet materials installed. The
thermographic scan shall be provided at a price negotiated between the Contractor and the
Owner and paid for by the Owner by means of a change order.
D. If core cuts verify the presence of damp or wet materials, the Contractor shall be required
to replace the damaged areas at his own expense.
E. Repair or replace (as required) deteriorated or defective work discovered at time of
inspection to a condition free of damage and deterioration at time of Substantial
Completion and according to warranty requirements.
F. The Contractor shall notify the Owner upon completion of corrections.
SECTION 07 0151 - MAINTENANCE OF MODIFIED BITUMINOUS MEMBRANE ROOFING _10-
EXHIBIT "A" - ATTACHMENT
G. Following the final inspection, acceptance will be made in writing by the material
manufacturer.
3.11 FINAL DOCUMENTATION AND REPORTING
A. Submit final documentation of procedures and recommendations to the Owner for record.
END OF SECTION
SECTION 07 0151 - MAINTENANCE OF MODIFIED BITUMINOUS MEMBRANE ROOFING
EXHIBIT "A" - ATTACHMENT
GARLAND
Garla -Flex
since 1895
PRODUCT DESCRIPTION
Garla -Flex is an elastomeric, asphaltic mastic formulated
from a special weather and ozone resistant thermoplastic
rubber, selected plasticizing oils, bitumen, and recycled
crumb rubberfrom used tires. It is designed to seal roof
joints and other construction details subject to consider-
able movement. It contains Styrene- Ethylene- Butylene-
Styrene (SEBS) rubber which insures superior
fatigue resistance.
PRODUCT ADVANTAGES
UV Resistant - Garla -Flex contains carbon black which
allows it to better stand up to the harmful effects of
the sun.
Sag Resistant - Garla -Flex can be used to strip in flashing
laps and to crown pitch pockets.
Contractor Friendly - The unique formulation of Garla -Flex
allows for easier application in cool temperatures.
Environmentally Friendly - Recycled crumb rubber from
discarded tires saves landfill space, cuts down on fire
hazards and decreases the number of disease
carrying insects.
Outstanding Durability - Garla- Flex's unique formula
incorporates carbon black and recycled crumb rubber
which allows for a longer wearing surface.
One -Step Labor Saver - Garla -Flex comes ready to use.
No mixing, thinning, heating or stirring are required.
Generally, Garla -Flex requires no membrane reinforcement
or priming, and it is compatible with both tar and asphalt
roof surfaces.
Multi- Purpose Application - Garla -Flex is ideal for metal
work flashing repairs, metal roof surface repairs, blisters,
splits and coping stone joints.
Insures Watertight Seal in Critical, High Movement
Areas- Garla -Flex elongates a minimum 800% and exhib-
its 80% recovery from 300% elongation (ASTM D -412). It's
flexible enough to withstand extreme structural movement,
and it won't peel off from the shifting of adjacent surfaces.
Once cured, it forms a moisture -proof rubber gasket that
lasts indefinitely.
APPLICATION
Garla -Flex should be applied over firm, dry and grease -free
surfaces only. Dusty surfaces and very smooth surfaces
such as metal require an initial coat of Garla -Prime asphalt -
based primer. Garla -Flex is formulated for trowel application.
However, it is available in cartridges for application by
caulking guns. Simply spread the material as evenly as
possible and smooth with the trowel. Apply Garla -Flex at
a rate of 1 gallon per 7 ft. ® 8 in. wide x 1/4 in. deep.
Permit Garla -Flex to dry a minimum 24 hours
before painting.
CAUTION: Application below 40 °F (4 °C) is not
recommended. Consult with your local Garland Representa-
tive prior to cold weather application.
EXHIBIT "A" - ATTACHMENT
Technical Data
Garla -Flex
Eco -Facts
Garla -Flex
Separation, settling or
none in original container
VOC
250 g/I
livering
8 in. wide
(.27 m/1 covers 20 cm wide)
Sag 0 77 °F (25 °C),
none
10.1 oz cartridge ( 300 ml)
1/4 in. (0.64 cm) thick
2 gal. pail (7.6 Q
(ASTM D 4586)
Flash Point
102 °F (38 °C)
(ASTM D 93)
Non - Volatile
Typical 75%
(ASTM D 4586)
Elongation, 14 -day cure
800% min.
0 77 °F (25 °C)
(ASTM D 412)
One -hour recovery from
90% min.
500% elongation, 14 -day
cure @ 77 °F(25 °C)
Viscosity @ 7rF (25 °C)
400,000- 600,000 cP
Brookfield RVT spindel #7;
2.5 RPM
Density @ 7rF (25 °C) 8.5 lb/gal (1.02 g /cm3)
(ASTM D 1475)
Asbestos Content None
(ASTM D 276)
Coverage Rate
Caulking Application
1/4 x 1/4 in. joint 26 ft. /cartridge
(6.3 x 6.3 mm joint) (8 m /Cartridge)
Mat Repairs
1/4 in. thickness
5 -6 ft2/ gal.
(6.3 mm thickness)
(0.12 -0.15 m2 /1)
Flooring Repairs
1/4 in. thickness
71 ft./ gal. covers
(6.3 mm thickness)
8 in. wide
(.27 m/1 covers 20 cm wide)
Packaging
10 cartridges per case
10.1 oz cartridge ( 300 ml)
2 gal. pail (7.6 Q
5 gal. pa (19 Q
since 1895 For more information, visit us at www.garlandco.com
The Garland Company, Inc.
3800 East 91 st Street
Cleveland, OH 44105
FAX: 216-641-0633
Phone: 216- 641 -7500
Toll Free: 800 - 321 -9336
Garland Canada, Inc.
1290 Martin Grove Rd.
Toronto, Ontario
Canada, M9W 4X3
FAX 416 - 747 -1980
Phone: 416- 747 -7995
Toll Free: 800 - 387 -5991
(Only in Canada)
The Garland Company UK, Ltd.
Unit 5 Glevum Works, Upton Street
Gloucester, United Kingdom GL1 4LA
FAX: 01452 330 657
011 44 1452 330 657 (Outside UK)
Phone: 01452 330 646
011 44 1452 330 646 (Outside UK)
Toll Free: 0800 328 5560
(Only in UK)
Tests verified by independent laboratories. Actual root
performance specifications will vary depending on test
speed and temperature. Data reflects samples randomly
collected. A t 10% variation may be experienced. The
above data supersedes all previously published informa-
tion. Consult yourlocalGarland Representative orGarland
Corporate Office for more information.
Garla -Flex is a trademark of The Garland Company, Inc
® 2009 Garland Industries, Inc.
GF 0709
EXHIBIT "A" - ATTACHMENT
GARLAND
Garla- Prime® WB
since 1895
PRODUCT DESCRIPTION
Garla -Prime WB is a quick drying, water -based roof primer
and conditioner for surfaces that can be difficult to adhere
to or that can be only marginally cleaned. Garla -Prime WB
provides a good bonding surface over metal, concrete, built -
up roofing, modified bitumen and transite panels.
PRODUCT ADVANTAGES
AirQuality Compliant - Garla -Prime WB has been formulated
to comply with Air Quality Management District regulations.
The asphalt base of Garla -Prime WB meets the requirements
of ASTM D 41 except for water content.
Economical - A Garla -Prime WB application conserves
finishing material by conditioning the surface and eliminating
the tendency of the finishing material to absorb into the dried
out, existing surface.
Dries Quickly - Garla -Prime WB fully cures in approximately
1 hour at 77 °F (25 °C) at 50% or less humidity, depending
on the thickness of application. High humidity and cool
temperatures increase drying time.
Environmentally Friendly - Garla -Prime WB is safe, easy
to use and very environmentally conscious. This formulation
was developed to insure excellent adhesion while providing
an extremely low V.O.0 content.
APPLICATION
Garla -Prime WB may be applied by brush, roller, or spray.
All surfaces must be clean, dry and free of dirt or any other
contaminants that would interfere with proper adhesion. Any
previously failed coating or improperly bonded material must
be removed prior to application.
Always store material between 50 °F and 100 °F (10 °C and
37.8 0C). Do not allow the primer to freeze.
For more information, visit us at. www.garlandco.com
Garlandy�° �--
fareifihouser\
Garla- Prime WB can be applied between 50 °F and 90 °F (10 °C
and 32.2 °C) on warm, clean, dry surfaces. If roof -top surface
temperature exceeds 120 °F (48.9 °C), lightly spray cool water
on surfacing to drop temperature below 120 °F (48.9 0C). This
will prevent the premature drying of primer and insure the
proper coverage rates. Avoid over - application and build -up
of primer. Brush or roll -out any excess material immediately
after application, Application should only occur when weather
conditions will permit a full cure before exposure to rain, dew,
or low temperatures.
Technical Data
Garla -Prime WB
Density @ 77 °F (25 °C)
7.9 Ibs /gal (.947 g /cm3)
(ASTM D 2939)
Unit 5 Glevum Works, Upton Street
Flash Point
105 °F (40.5 °C) min
(ASTM D 93)
FAX: 216- 641 -0633
Non - Volatile
Typical 35%
(ASTM D 4479)
FAX 416- 747 -1980
Viscosity @ 77 °F (25 °C)
200 -400 cP
Brookfield RVT, #2 Spindle; 50 rpm
Phone: 01452 330 646
Shelf Life
1 Year
Wet Film Thickness
8 -16 mils
1/2 -1 gal. (1.9 - 3.8 1)
(203.2 -406,4 microns)
Coverage
100-150 ft.2 /gal
(Only in UK)
(1.84-3.07 m2 /1)
Packaging
5 gallon pail (19 1)
55 gallon drum (209 1)
Eco -Facts Garla -Prime WB
VOC <200 g/I
For specific recommendations and coverage rates, please
contact your local Garland Representative or Garland Technical
Service Department.
The Garland Company, Inc.
Garland Canada, Inc.
The Garland Company UK, Ltd.
3800 East 91 st Street
1290 Martin Grove Rd.
Unit 5 Glevum Works, Upton Street
Cleveland, OH 44105
Toronto, Ontario
Gloucester, United Kingdom GL1 4LA
FAX: 216- 641 -0633
Canada, M9W 4X3
FAX: 01452 330 657
Phone: 216- 641 -7500
FAX 416- 747 -1980
011 44 1452 330 657 (Outside UK)
Toll Free: 800- 321 -9336
Phone: 416 - 747 -7995
Phone: 01452 330 646
Toll Free: 800 - 387 -5991
011 44 1452 330 646 (Outside UK)
(Only in Canada)
Toll Free: 0800 328 5560
(Only in UK)
c(VOus �I
Tests verified by independent laboratories. Actual roofper-
formance specifications will vary depending on test speed
andtemparature. Data reflects samp lesrandomkcollected.
A f 10% variation may be experienced. The above data
supersedes all previously published information. Consult
your local Garland Representative or Garland Corporate
Office for more information.
Garla -Prime and Garland Greenhouse are trademarks of
The Garland Company, Inc.
® 2009 Garland Industries, Inc.
GP We 0909
1895
EXHIBIT "A" - ATTACHMENT
GarMesh°
PRODUCT DESCRIPTION
GarMesh is a Styrene- Butadiene- Rubber (SBR) coated, wo-
ven, fiberglass scrim used as a reinforcement for roof repairs.
It has a distinct orange color that contrasts with bitumens to
ensure complete coverage.
USES
GarMesh is used as a reinforcement for repairs to roofing
blisters, fractures, punctures and other defects. GarMesh
is compatible with either asphalt or tar mastics and adds
strength to the roofing repair.
APPLICATION
Area to be repaired must be dry, free of all dust, dirt, and de-
bris. Remove embedded gravel to expose a smooth surface.
Priming the sound and dry area with Garla -Prime is optional,
but will promote adhesion. Apply the roofing mastic over the
surface to be treated at approximately 1/8 in. (.32 cm) thick.
The mastic should extend 2 in. (5 cm) in all directions beyond
the GarMesh membrane that is to be used. Then apply 1/8
in. (.32 cm) additional mastic over the embedded GarMesh
ensuring that the orange color is completely covered.
For more information, visit us at. wwwgarlandco.com
The Garland Company, Inc. Garland Canada, Inc.
3800 East 91 st Street
Cleveland, OH 44105
FAX: 216- 641 -0633
Phone: 216 - 641 -7500
Toll Free: 800 - 321 -9336
1290 Martin Grove Rd.
Toronto, Ontario
Canada, M9W 4X3
FAX 416 - 747 -1980
Phone: 416- 747 -7995
Toll Free: 800 - 387 -5991
(Only in Canada)
Technical Data
GarMesh
Average Net Weight
2 oz/yd2 (68 g /m2)
Tensile Strength per
Warp Threads 75 min.
1 in. (2.54 cm) width
Filling Threads 75 min.
Treatment of Fabric by
15%
Weight % of Moisture
Free Fabric
Thread Count per
Warp Threads 20 t 1
1 in. (2.54 cm) width
Filling threads 10 t 1
Nominal Thickness
8 mils (203.2 mircons)
Packaging
6 in. (152.4 mm)
75 ft2 /roll (6.79 m2 /roll)
12 in. (304.8 mm)
150 ft2 /roll (13.95 m2 /roll)
Meets ASTM D 1668 -86, Type III
For specific application recommendations, please contact
your local Garland Representative or Garland Technical
Service Department.
The Garland Company UK, Ltd.
Unit 5 Glevum Works, Upton Street
Gloucester, United Kingdom GL1 4LA
FAX: 01 452 330 657
011 44 1452 330 657 (Outside UK)
Phone: 01452 330 646
011 44 1452 330 646 (Outside UK)
Toll Free: 0800 328 5560
(Only in UK)
Tests verified by independent laboratories. Actual roof per-
formance specifications will vary depending on test speed
andtemperature. Data reflects samples randomly collected.
A : 10% variation may be experienced. The above data
supersedes all previously published information. Consult
your local Garland Representative or Garland Corporate
Office for more information.
GarMesh is a trademark of The Garland Company, Inc.
® 2009 Garland Industries, Inc.
GM 0709
EXHIBIT "A" - ATTACHMENT
Garland
(�QQQnhouse
StressPly® IV Membranes
StressPly IV - StressPly IV Mineral - StressPly IV UV Mineral
PRODUCT DESCRIPTION
StressPly IV membranes are a high strength, fiberglass rein-
forced, rubber modified roofing membrane designed to be
used in torching applications. The 195 mil membrane offers
not only high strength, but also a high percentage of quality
blended Styrene- Butadiene - Styrene (SBS) rubber compound.
StressPly IV membranes incorporate a burn -off backer to
indicate when proper heat is obtained during application.
PRODUCT ADVANTAGES
Unmatched Reflectivity - The StressPly IV UV Mineral mem-
brane incorporates the unique StarburstTM mineral which
provides long -term protection and added energy savings. The
superior reflectivity of this mineral protects the StressPly IV
UV Mineral membrane from ultra - violet damage and at the
same time decreases under roof temperatures. As a result,
the workload on the building's air conditioning system is re-
duced and proper interior temperatures can be maintained
at a lower cost. The Starburst minerals are more than twice
as reflective as standard roofing minerals.
Rubber Technology - StressPly IV membranes are formulated
with a high quality SBS rubber polymer offering unmatched
lowtemperatureflexibility, weathering and elastomeric proper-
ties. Adequate mixing of the polymer ensures proper phase
inversion which optimizes the rubber's performance.
Security in Multi -Ply Applications - StressPly IV membranes
are the top component of a multi -ply system. They combine
the inherent advantages and proven performance of multi -ply
protection with the strength, flexibility and elongation of elasto-
meric systems.This unique combination minimizes dependence
on perfect workmanship, contact adhesive seaming, etc.
USES
StressPly IV membranes can be used in conjunction with
other HPR products, as well as with conventional glass base
sheets or fiberglass felt underlayment. In addition, StressPly
IV membranes can be used as the top ply in a two ply flash-
ing system. They can also be used to repair splits, cracks or
other deteriorated areas of existing built -up roofs.
APPLICATION
StressPly IV membranes are the torchable top layer of a modi-
fied roof system. Two plies of ASTM D 2178, Type IV or VI
fiberglass felt are solidly bonded to the approved substrate.
The StressPly IV membrane is then solidly adhered to these
base layers by torching.
StressPly IV membranes can also be applied in a two ply torch -
applied modified system. Garland's HPR Torch Base Sheet is
applied to the approved substrate and the StressPly IV mem-
brane is solidly ad -hered to the torch base sheet by torch.
For specific application recommendations, please contact
your local Garland Representative or Garland Technical
Service Department.
EXHIBIT "A" - ATTACHMENT
StressPly IV Membranes
Technical Data
StressPly IV
StressPly IV Mineral
StressPly IV UV Mineral
Tensile Strength
*MD 210 Ibf /in. (36.75 kN /m)
*MD 210 Ibf /in. (36.75 kN /m)
*MD 210 Ibf /in. (36.75 kN /m)
Length
*XD 210 Ibf /in. (36.75 kN /m)
*XD 210 Ibf /in. (36.75 kN /m)
*XD 210 Ibf /in. (36.75 kN /m)
Weight
* *MD 250 Ibf /in. (44 kN /m)
* *MD 250 Ibf /in. (44 kN /m)
* *MD 250 Ibf /in. (44 kN /m)
Nominal Thickness
* *XD 250 Ibf /in. (44 kN /m)
* *XD 250 Ibf /in. (44 kN /m)
* *XD 250 Ibf /in. (44 kN /m)
*Tear Strength
MD 250 Ibf. (1112 N)
MD 250 Ibf. (1112 N)
MD 250 Ibf. (1112 N)
Packaging
XD 250 Ibf. (1112 N)
XD 250 Ibf. (1112 N)
XD 250 Ibf. (1112 N)
*Elongation
MD 6.0%
MD 6.0%
MD 6.0%
XD 6.0%
XD 6.0%
XD 6.0%
*Low Temperature Flex
-30 °F ( -34 °C)
-20 °F ( -29 °C)
-20 °F ( -29 °C)
Finished membrane meets and /or exceeds ASTM D 6163, TYPE III
Test Method ASTM D 5147 is tested at
*2 in /min @ 73.4 t 3.6 °F * *0.08 in /min @ 0 ± 3.6oF
(50 mm /min @ 23 t 3 °C) (2.0 mm /min @ -18 ± -3 °C)
Roll Dimensions
StressPly IV
StressPly IV Mineral
StressPly IV UV Mineral
Width
3 ft. 3 in. 0 m)
3 ft. 3 in. (1 m)
3 ft. 3 in. (1 m)
Length
26 ft. 2 in. (7.98 m)
26 ft. 2 in. (7.98 m)
26 ft. 2 in. (7.98 m)
Weight
110 lbs. (49.9 kg)
125 lbs. (56.7 kg)
125 lbs. (56.7 kg)
Nominal Thickness
180 mils (4,572 microns)
195 mils (4,953 microns)
195 mils (4,953 microns)
Net Coverage
75 ft2 (6.97 m2)
75 ft2 (6.97 m2)
75 ft2 (6.97 m2)
Packaging
20 rolls /pallet
20 rolls /pallet
20 rolls /pallet
Eco -Facts
StressPly IV
StressPly IV Min.
StressPly IV UV Min.
Recycled Content
Post Consumer
N/A
N/A
N/A
Post Industrial
15.07%
N/A
N/A
s i n c e 1 8 9 s For more information, visit us at: www.garlandco.com
The Garland Company, Inc.
3800 East 91 st Street
Cleveland, OH 44105
FAX: 216 -641 -0633
Phone: 216 -641 -7500
Toll Free: 800 - 321 -9336
Garland Canada, Inc.
1290 Martin Grove Rd.
Toronto, Ontario
Canada, M9W 4X3
FAX 416 - 747 -1980
Phone: 416 -747 -7995
Toll Free: 800 -387 -5991
(Only in Canada)
The Garland Company UK, Ltd.
Unit 5 Glevum Works, Upton Street
Gloucester, United Kingdom GL1 41-A
FAX: 01452 330 657
01144 1452 330 657 (Outside UK)
Phone: 01452 330 646
01144 1452 330 646 (Outside UK)
Toll Free: 0800 328 5560
(Only in UK)
The Starburst product used in conjunction with Stress-
Ply membranes is protected by U.S. 6,933,007 and
pending in Canada 2,473,267
Tests verified by independent laboratories. Actual roof
performance specifications will vary depending on test
speed and temperature. Data reflects samples randomly
collected. t 10% variation may be experienced.The above
data supersedes all previously published information.
Consult your local Garland Representative or the home
office for more information.
StressPly and Starburst are trademarks of
The Garland Company, Inc.
® 2006 Garland Industries, Inc.
SP IV 1006
EXHIBIT "A" - ATTACHMENT
Garland - -�
ee house \
Tuff-stuff
One Part Polyurethane Sealant
PRODUCT DESCRIPTION
Tuff -Stuff is a moisture - curing, single- component non -sag
polyurethane sealant that when cured offers the performance
of a two -part sealant with the ease of installation of a one -
part. It is designed to maintain an effective bond and seal
between materials of similar and dissimilar surfaces, porosities
and coefficients of expansion. Tuff -Stuff is intended for use
in expansion and control joints, reglets, precast panels, tilt -
up walls, metal curtain walls, copings, window and door
perimeters, panel bedding and glazing details.
INSTALLATION
Surface Preparation - Joint surfaces and backer rod must be
dry and free of all contaminants such as oil, grease, wax, dust,
corrosion, tar, asphalt, loose aggregate, frost, form - release
agents and decorative and protective coatings. Precast
panels using form release agents other than polyethylene film
must be sandblasted or mechanically abraded and blown or
brushed dust free. Glass, metal and other nonporous surfaces
must be free of any coatings and wiped clean with solvent.
Priming - Never a substitute for proper surface preparation,
priming is not required on glass or anodized aluminum and
usually not necessary on most other common building
materials. However, varieties of brick, natural stone, plastics,
paints, coatings and other treatments of surfaces often
present difficult substrates to which to adhere. Due to the
number and unpredictable nature of these substrates, a field
test is recommended to determine the adhesion of Tuff -Stuff.
Because architectural stones such as marble and granite
vary considerably in porosity, some bleeding of the sealant
into the substrate is a possibility. A field test to confirm this
possibility is recommended
Joint Backing - Backer rods control the depth of the sealant
and allows it to be applied under pressure. Use a size that will
compress 25 %. Open -cell polyurethane or reticulated (soft)
polyethylene rod is recommended. Closed -cell polyethylene
may be used but care must be taken not to puncture the
rod which can cause outgassing or bubbling /blistering in the
sealant. In joints too shallow for backer rod, use a polyethylene
bond - breaker tape to prevent three -sided adhesion.
APPLICATION
Joints should be masked to ensure a neat appearance.
Sealant should be applied in a continuous operation using
sufficient pressure to fill the joint and make complete contact
to the joint sides. Tool the sealant slightly concave using
mineral spirits or dry- tooling techniques. Do not tool with
soap or detergent and water solutions.
Joint Design - The width of the joint should be a minimum of
four (4) times the anticipated movement. The width or depth
of the joint should not be less than 1/4 in. (6 mm). In joints
up to 3/8 in. (9 mm) wide, the depth of the sealant should be
equal to the width. In joints wider than 3/8 in. (9mm), but not
exceeding 1 -1/4 in. (31 mm), the depth should be maintained
at 3/8 in. (9 mm). For joints wider than 1 -1/4 in. (31 mm),
please consult Garland's Technical Services Department.
Movement Capability - 25% Extension - 25% Compression,
Joint sealants do not change volume with expansion or
compression, only shape; the greater the change in shape,
the greater the stress on the sealant.
Tool Time (Initial Skin) - 5 -6 hours at 77 °F (25 °C); 50%
relative humidity. Higher temperatures and /or humidity will
shorten this time.
Cleaning - Use mineral spirits to remove excess sealant
before it cures and to clean equipment.
Storage Life - One -part urethanes are extremely moisture
and heat sensitive. Tuff -Stuff has a warranted shelf life of nine
(9) months from date of shipment from the factory when stored
in original unopened cartridges at conditions not exceeding
80 °F (27 0C), 50% relative humidity consistently higher tem-
peratures and /or humidity will shorten this shelf life.
PRECAUTIONS
Tuff -Stuff contains aromatic polyisocyanates which are con-
sidered irritants. Use with adequate ventilation. Avoid skin
and eye contact. Skin may be cleaned with mineral spirits
and then washed thoroughly with soap and water. May be
harmful if swallowed. Do not induce vomiting. Call physician
immediately. Keep away from heat and flames. Refer to Mate-
rial Safety Data Sheet.
EXHIBIT "A" - ATTACHMENT
Tuff -Stuff
Technical Data
Tuff-Stuff
100% Modulus
50 psi
(ASTM C 719)
Lineal ft. (m) per 10.1 oz.
Adhesion -in -Peel
25 pli
min. 5 pli
8.0 ft. (2.43 m)
(ASTM C 920)
6.4 ft. (1.94 m)
Bond
Passes
Durability -Class 25
4.6 ft. (1.40 m)
(ASTM C920)
4.0 ft. (1.22 m)
Hardness, Shore A
27
(ASTM C 920,15 -50)
1 Year
Service Temperature Range
-40 °F to 180 °F
( -4 °C to 82 °C)
Stain and Color Change
Passes
(ASTM C 920)
Tack Free Time
1.5 -2 hrs.
max 72 hrs
(ASTM C 679)
Tensile Strength
150 psi
(ASTM D 412)
Ultimate Elongation
700%
(ASTM D 412)
Weep and Sag
Passes
max 3/16 in. (4 mm)
(ASTM C 920)
Weight loss after heat aging
Passes
max 10%
(ASTM C 920)
Color
Aluminum Stone -
other colors available
on a special order basis
Eco -Facts Tuff-Stuff
VOC 70 g/I
s i n c e 1 8 9 5 For more information, visit us at: www.garlandco. com
The Garland Company, Inc.
3800 East 91 st Street
Cleveland, OH 44105
FAX: 216- 641 -0633
Phone: 216 - 641 -7500
Toll Free: 800- 321 -9336
Garland Canada, Inc.
1290 Martin Grove Rd.
Toronto, Ontario
Canada, M9W 4X3
FAX 416 - 747 -1980
Phone: 416- 747 -7995
Toll Free: 800 - 387 -5991
(Only in Canada)
Technical Data
Tuff-Stuff
Coverage
Joints Size Depth x Width
Lineal ft. (m) per 10.1 oz.
3/8 in. x 1/4 in. (.95 cm x.63 cm)
16.2 ft. (4,93 m)
318 in. x 1/2 in. (.95 cm x 1.27 cm)
8.0 ft. (2.43 m)
318 in. x 5/8 in. (.95 cm x 1.60 cm)
6.4 ft. (1.94 m)
3/8 in. x 3/4 in. (.95 cm x 1.90 cm)
5.4 ft. (1.64 m)
3/8 in. x 7/8 in. (.95 cm x 2.24 cm)
4.6 ft. (1.40 m)
3/8 in. x 1 in. (.95 cm x 2.54 cm)
4.0 ft. (1.22 m)
318 in. x 1 1/4 in. (.95 cm x 3.175 cm)
3.2 ft. (.97 m)
Shelf Life
1 Year
Packaging
10.1 oz (300 ml) cartridge
30 cartridges per case
For specific recommendations and coverage rates, please
contact your local Garland Representative or Garland Technical
Service Department,
LIMITATIONS
Tuff -Stuff should not be used:
• As a cap, heel or toe bead in certain glazing installations
with high - performance glass or plastic.
• In joints less than 1/4 in. (6 mm) in depth.
• In joints where contact may be made with polysulfide
sealants.
• In areas exposed to harsh chemicals.
• On certain architectural paints and finishes without
laboratory or field testing.
• In horizontal joints subject to vehicular traffic unless
protected by a wearing surface.
The Garland Company UK, Ltd.
Unit 5 Glevum Works, Upton Street
Gloucester, United Kingdom GL1 4LA
FAX: 01452 330 657
011 44 1452 330 657 (Outside UK)
Phone: 01452 330 646
011 44 1452 330 646 (Outside UK)
Toll Free: 0800 328 5560
(Only in UK)
Tests verified by independent laboratories. Actual roof
performance specifications will vary depending on test
speedandtemperature. Data reflects samplesrandomy
collected. A f 10% variation may be experienced. The
above data supersedes all previousypublished informa-
tion. Consuttyourloca /GartandRepresentativeorGarland
Corporate Office for more information.
Garland Greenhouse is a trademark of The Garland
Company, Inc.
® 2009 Garland Industries, Inc. T -S 0709
EXHIBIT "B"
SPECIAL CONDITIONS
NO SPECIAL CONDITIONS REQUIRED.
RVPUB \SDEITSCH\740726.3 18
Bond Is Issued In Two (2) Counterparts
Premium Is Included In Performance Bond
Bond #750972P EXHIBIT "C"
PAYMENT' BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Arcadia (hereinafter designated as the "City "), by action taken or
a resolution passed August 10 , 2010 has awarded to western States *(1)
hereinafter designated as the "Principal," a contract for the work described as follows:
ARCADIA LIBRARY ROOF REPAIR (the "Project "); and
WHEREAS, said Principal is required to furnish a bond in connection with said contract;
providing that if said Principal or any of its Subcontractors shall fail to pay for any
materials, provisions, provender, equipment, or other supplies used in, upon, for or
about the performance of the work contracted to be done, or for any work or labor done
thereon of any kind, or for amounts due under the Unemployment Insurance Code or for
any amounts required to be deducted, withheld, and paid over to the Employment
Development Department from the wages of employees of said Principal and its
Subcontractors with respect to such work or labor the Surety on this bond will pay for the
same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and Indemnity Company of California as Surety,
are held and firmly bound unto the City in the penal sum of TWENTY THOUSAND, TWO
HUNDRED FIFTY DOLLARS AND NO CENTS ($20,250.00) lawful money of the United
States of America, for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its
subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay
any of the 'persons named in Section 3181 of the Civil Code, fail to pay for any materials,
provisions or other supplies, used in, upon, for or about the performance of the work
contracted to be done, or for any work or labor thereon of any kind, or amounts due
under the Unemployment Insurance Code with respect to work or labor performed under
the contract, or for any amounts required to be deducted, withheld, and paid over to the
Employment Development Department or Franchise Tax Board from the wages of
employees of the contractor and his subcontractors pursuant to Section 18663 of the
Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties
will pay for the same, in an amount not exceeding the sum herein above specified, and
also, in case suit is brought upon this bond, all litigation expenses incurred by the City in
such suit, including reasonable attorneys' fees, court costs, expert witness fees and
investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 3181 of the
Civil Code so as to give a right of action to such persons or their assigns in any suit
brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or
released from the obligation of this bond by any change, extension of time for
performance, addition, alteration or modification in, to, or of any contract, plans,
specifications, or agreement pertaining or relating to any scheme or work of
improvement herein above described, or pertaining or relating to the furnishing of labor,
materials, or equipment therefore, nor by any change or modification of any terms of
"(1) Roof Systems, Inc.
19
RVPUB\SDErrSCM740726.3
payment or extension of the time for any payment pertaining or relating to any scheme
or work of improvement herein above described, nor by any rescission or attempted
rescission or attempted rescission of the contract, agreement or bond, nor by any
conditions precedent or subsequent in the bond attempting to limit the right of recovery
of claimants otherwise entitled to recover under any such contract or agreement or
under the bond, nor by any fraud practiced by any person other than the claimant
seeking to recover on the bond and that this bond be construed most strongly against
the Surety and in favor of all persons for whose benefit such bond is given, and under no
circumstances shall Surety be released from liability to those for whose benefit such
bond has been given, by reason of any breach of contract between the owner or City
and original contractor or on the part of any obligee named in such bond, but the sole
conditions of recovery shall be that claimant is a person described in Section 3110 or
3112 of the Civil Code, and has not been paid the full amount of his claim and that
Surety does hereby waive notice of any such change, extension of time, addition,
alteration or modification herein mentioned.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which
shall for all purposes be deemed unoriginal thereof, have been duly executed by the
Principal and Surety above named, on the 11th day of August
2010 the name and corporate seal of each corporate party being hereto affixed and
these presents duly signed b its undersigned representative pursuant to authority of its
governing body.
(Corporate Seal of Principal, Western States Roof Systems, Inc.
if corporation) Principal (Pro ame of
Contractor)
By
ure of Contractor)
(Seal of Surety)
(Attached Attorney -In -Fact
Certificate and Required
Acknowledgements)
Indemnity Company of California
Su ty
By 'v
Slfannon Lopez, Attorne In act
1. *Note: Appropriate Notarial Acknowledgments of Execution by Contractor and
surety and a power of Attorney MUST BE ATTACHED.
20
RVPUB\SDErf SCfi1740726.3
CALIFORNIA - • ACKNOWLEDGMENT
State of Califo nia
Count y of t.S
S�
Q ,r
On 7 "�� befo a me, M�/ Sl( Atie qe hyn /y0 1iti Ak4 h-r ,
Date Here Insert Name and TI of the Officer P personally appeared its !i 0,ete-o-i
Name(s) of Signer(s)
LISA I
COfrMINplOf1 # 1737305
Nolan► Publla - CdNamlo
La Ang*W County –
MV Cmem• F.xPIns Apr 7, 2011
who proved to me on the basis of satisfactory evidence to
be the person(4 whose nameA is /0 subscribed to the
within instrument and acknowledged to me that
he /sj6 /tW executed the same in his /hpMWfr authorized
capacity(ig@T, and that by his /her /their signature(p'on the
instrument the personal, or the entity upon behalf of
which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS y hand and offici seal.
r
Signatur
Place Notary Seal Above gr lure of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Doc ent
Title or Type of Document: - 1A %%1,<d
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact •
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing
RIGHTTHUMBPRINT
OF SIGNER
@2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 -876 -6827
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of San Bernardino
On August 11, 2010 before me Kathleen Ryan, Notary Public , personally appeared
Shannon Lopez
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 she executed the same in her authorized capacity, and
that by her signature(s) on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
Z KATHLEEN RYAN Z
WITNESS my hand and official seal. s co,M. *1894196 S
P NOTARY PUBLIC•CAIIWRNU P
BAN .ERNAR DBIO COUNTY
1 My Comm. Exp. Jury 26, 2014 1
Signature ,® �g�_ ,.r/A�� (Seal) _I
OPTIONAL
Though the data below is not regired by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
Title(s)
I.
MINIfif -1111!
-
--
SIGNER IS REPRESENTING:
DESCRIPTION OF ATTACHED DOCUMENT
Payment Bond
Title or Type of Document
Number of Pages
August 11, 2010
Date of Document
Indemnijy Company Of California Western States Roof Systems Inc.
Signer(s) other than Named Above
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263 -3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make, constitute and appoint:
** *Peter M. Davis, Kenzie K. Thompson, Shannon Lopez, Martin M. Davis, George A. DeCristo, Gale Delo,
jointly or severally *"
as their true and lawful Attorneys) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety-
ship giving and granting unto said Attorney(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorneys) -in -Fact, pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and Is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice - President, Senior Vice - President or any Vice President of the
corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that'the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it Is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severalty caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st, 2008.
,,' NtNInipili
Daniel Young, Vice- President a �F� "pn ' �'yaF "' C::�
By: �/r iau x 10 1 rs Stephen T. Pate, Senior Vice- President a, 19 3 6 °
State of California
County of Orange
On August 13th, 2008 before me, Jenny TT Nguyen Notary Public
Date Here insert Name and Title of the Officer
personally appeared Daniel Young and Stephen T Pate
Name(s) of Signer(s)
Fe..> I+IhiYiyi H 17 t^.OMM. # 1791840 NOTARY PLIWO CALOOM ORANGE COUft y oomm. expires NAL 18 �
Place Notary Seal Above
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to
the within instrument and acknowledged to me that he /she/they executed the same in histher /their authorized
capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of
which the perso0(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
.............
J TT Ng I, tary Public 6 CERTIFICATE
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth In the Power. of Attorney are In force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this llthday of August 2010
By: Z'ec', r
regg Oku Olistant Secretary
ID- 1380(Rev.11/09)
Bond Is Issued In Two (2) Counterparts
Bond #750972P
Premium: $405 PERFORMANCE BOND Premium is for contract term
and is subject to adjustment
KNOW ALL PERSONS BY THESE PRESENTS: based on final contract price.
THAT WHEREAS, the City of Arcadia (hereinafter referred to as "City") has awarded to
Western States Roof *(1) , (hereinafter referred to as the "Contractor') an agreement for the
ARCADIA LIBRARY ROOF REPAIR (hereinafter referred to as the "Project").
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract
Documents for the Project dated August 10, 2010 , (hereinafter referred to as "Contract
Documents°), the terms and conditions of which are expressly incorporated herein by reference;
and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof
and to fumish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, western States *(2) the undersigned Contractor and
Indemnity Company of California as Surety, a corporation organized and
duly authorized to transact business under the laws of the State of California, are held and firmly
bound unto the City in the sum of TWENTY THOUSAND, TWO HUNDRED FIFTY DOLLARS AND
NO CENTS ($20,250.00), said sum being not less than one hundred percent (100%) of the total
amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions and agreements in the Contract Documents
and any alteration thereof made as therein provided, on its part, to be kept and performed at the
time and in the manner therein specified, and in all respects according to their intent and meaning;
and shall faithfully fulfill all obligations including the one -year guarantee of all materials and
workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated
in said Contract Documents, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specked therefore,
there shall be included *costs and reasonable expenses and fees including reasonable attorney's
fees, incurred! by City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a period
of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to
make full, complete, and satisfactory repair and replacements and totally protect the City from loss
or damage resulting from or caused by defective materials or faulty workmanship. The obligations
of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein
shall limit the City's rights or the Contractor or Surety's obligations under the Contract, law or equity,
including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract
Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall
promptly, at the City's option:
(1) Take over and complete the Project in accordance with all terms and conditions in the
Contract Documents; or
RVPUMSDEITSCIA740726.3 21
*(1) Systems, Inc.
*(2) Roof Systems, Inc.
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in
the Contract Documents and upon determination by Surety of the lowest responsive and
responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make
available as work progresses sufficient funds to pay the cost of completion of the Project, less the
balance of the contract price, including other costs and damages for which Surety may be liable.
The term "balance of the contract price" as used in this paragraph shall mean the total amount
payable to Contractor by the City under the Contract and any modification thereto, less any amount
previously paid by the City to the Contractor and any other set offs pursuant to the Contract
Documents.
(3) Permit the City to complete the Project in any manner consistent with California law and
make available as work progresses sufficient funds to pay the cost of completion of the Project, less
the balance of the contract price, including other costs and damages for which Surety may be liable.
The term "balance of the contract price" as used in this paragraph shall mean the total amount
payable to Contractor by the City under the Contract and any modification thereto, less any amount
previously paid by the City to the Contractor and any other set offs pursuant to the Contract
Documents.
Surety expressly agrees that the City may reject any' contractor or subcontractor which may be
proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from
Contractor for. completion of the Project if the City, when declaring the Contractor in default, notifies
Surety of the City's objection to Contractor's further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Project to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the Contract Documents or
to the Project.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 11th day of
August, 2010 , 200 ny
Western States Roof Systems, Inc.
CONTRACTOR//P1 RINCIPAL
Name
By U1 Fick
SURETY: Indemnity Corppany of California
By:
Attomey- In -Fapi , 4annon Lopez
The rate of premium on this bond is $20.00 per thousand. The total amount of prernium
charges, $ 406.00
(The above must be filled in by corporate attorney.)
RVKM\SDErrSM7407263 22
_41141 904 WE"11 1I gill, 1Z
State of Californ
County of JAS
�r�` e g_ytPd�
On C 1' 10 before r�e, ,
Date Her Insert Name and Title of the Officer
personally appeared
C=WnWon • 1737
"Ofty hoe - Cl
Los Angon Carl
MIICarrn. llpMaApr 7.3=
1101
Place Notary Seal Above
n need l
who proved to me on the basis of satisfactory evidence to
be the person (< whose name is /c* subscribed to the
within instrument and acknowledged to me that
he4li they executed the same in his /qtr /t13efY authorized
capacity(iil and that by his /hjt9thr* signatureX on the
instrument the person(,), or the entity upon behalf of
which the person(K acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS7iy hand d official s al.
Signatur
Sig ure of Notary ublic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Docu
Title or Type of Document:
Document Date:
Signers) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General _
❑ Attorney in Fact •
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact •
❑ Trustee Top of thumb here
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of San Bernardino
On August 11, 2010 before me Kathleen Ryan, Notary Public , personally appeared
Shannon Lopez
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 she executed the same in her authorized capacity, and
that by her signature(s) on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
WITNESS my hand and official seal. Z KATHLEEN RYAN Z
S1 COMM. #1894196 g
P NOTARY FUNUC- CALIFORNIA P
BAN URNAROMOCOUNTY
Signature <<1� .�Le �El�r� (Seal) �............ M.:- -- -- E~ °:���,? .zo„
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
Title(s)
•
• r
SIGNER IS REPRESENTING:
Indemnity Company Of California
DESCRIPTION OF ATTACHED DOCUMENT
Performance Bond
Title or Type of Document
4
Number of Pages
August 11, 2010
Date of Document
Western States Roof Systems, Inc.
Signer(s) other than Named Above
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) Indemnity Company of California
Five Centerpointe, Suite 530
Lake Oswego. OR 97035
(Name and Address of Agent or Davis & Graeber Insurance Services, Inc.
Representative for service of
process in California, if different 470 E. Highland Ave.
from above)
Redlands, CA 92373
(Telephone number of Surety and Surety: (800)223 -2451; Agent: (909)793 -2373
Agent or Representative for service
of process in Califomia
State of California )
County of NIA )
On N/A before me, (here insert name and title of the notary), personally
appeared N/A
personally known to
me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he /she/they executed the same in
his/harttheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
N/A
(SEE ATTACHED ACKNOWLEDGMENT)
(Seat)
NOTE: A copy of the Power- of- Attomey to local representatives of the bonding company must be
attached hereto.
SURETY: Indemnity Company of California
By: vft�lu K
ttomey -In -Fact, S I Lopez
The rate of premium on this bond is $20 per thousand. The total amount of premium
charges, $ 405.00
(The above must be tilled In by corporate attorney.)
RVPUMSDEUSCM740726.3 23
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) Indemnity Company of California
Five Centeroointe. Suite 530
Lake Oswego, OR 97035
(Name and Address of Agent or Davis & Graeber Insurance Services, Inc.
Representative for service of
process in California, if different 470 E. Highland Ave., Redlands, CA 92373
from above)
Agent: (909)793 -2373
(Telephone number of Surety and Surety: (800)223 -2451
Agent or Representative for service
of process in California)
State of Caliifolrnia }
ss.
County of NIA )
On N/A before me, (here insert name and title of the notary), personally
appeared N/A
personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to.the within instrument and acknowledged to me that he /sheAhey executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal. (SEE ATTACHED ACKNOWLEDGMENT)
Signature N/A (Seal)
NOTE: A copy of the Power -of- Attorney to local representatives of the bonding company must be
attached hereto.
1WPUBMEMCM7407263 24
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725, IRVINE, CA 92623 (949) 263 -3300
KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each
hereby make. constitute and appoint:
** *Peter M. Davis, Kenzie K. Thompson, Shannon Lopez, Martin M. Davis, George A. DeCristo, Gale Delo,
jointly or severally *"
as their true and lawful Attorneys) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of surety-
ship giving and granting unto said Attorneys) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of
said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents,
are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008.
RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice - President, Senior Vice- President or any Vice President of the
corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attorney to execute, on behalf of the
corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized
to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that' the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severalty caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this January 1st, 2008.
By:_� I
AND x'1'0
�N,PANVO
Daniel Young, Vice President
x
s,y o�ppRgrFFayy'
A. 0 .1
�
¢- i OCT,
9
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B Q—_ %�!G
By:
=Q?. 1936 {os
OCT.
W 1987
Stephen T. Pate, Senior Vice- President
State of California
County of Orange
On August 13th, 2008 before me,
Jenny TT Nguyen, Notary Public
Date
Here Insert Name and Title of the Officer
personally appeared Daniel Young and Stephen T. Pate
Name(s) of Signer(s)
COMM. # 17916401
NOTARY PUSIX CAUFMORM
ORANGE COLT It'
my . expire$ Pets 11%
Place Notary Seal Above
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 helshelthey executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
J TT Ng n, lorry Public
CERTIFICATE 6 U
The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine, California, this 11thday of August 2010
By: ) f ,
regg Oku Olistant Secretary
ID- 1380(Rev.11109)