Atwater City Council
February 12, 2024

BID BOND FORM
KNOW ALL MEN BY THESE PRESENT that we, the undersigned, (hereafter called “Principal”), and ______________________________________________ (hereafter called “Surety”), are hereby held and firmly bound unto the ___________________________________________ Owner (hereafter called “Owner”) in the sum of ____________________________________________ ($___________________) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns.

SIGNED this __________ day of ________________________, 20___.

The condition of the above obligation is such that whereas the Principal has submitted to the Owner a certain Bid, attached hereto and hereby made a part hereof, to enter into a Contract in writing for the construction of ____________________________________________________________.

NOW, THEREFORE,
a. If said Bid is rejected, or
b. If said Bid is accepted and the Principal executes and delivers a Contract or the attached Agreement form within five (5) calendar days after acceptance (properly completed in accordance with said Bid), and furnishes bonds for his faithful performance of said Contract and for payment of all persons performing labor or furnishing materials in connection therewith, Then this obligation shall be void; otherwise, the same shall remain in force and effect.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract, or the call for bids, or the work to be performed thereunder, or the specifications accompanying the same, shall in anyway affect its obligation under this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of said Contract, or the call for bids, or the work, or to the specifications.

In the event suit is brought upon this bond by the Owner and judgment is recovered, the Surety shall pay all costs incurred by the Owner in such suit, including without limitation, attorneys’ fees to be fixed by the court.

IN WITNESS WHEREOF, Principal and Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, on the day and year first set forth above.

By
(Corporate Seal) Principal’s Signature
Typed or Printed Name
Principal’s Title
By
(Corporate Seal) Surety’s Signature
Typed or Printed Name
Title
(Attached Attorney in Fact Certificate) Surety’s Name
Surety’s Address
Surety’s Phone Number
Bid Bond Form

IMPORTANT:

Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in California Insurance Code Section 105, and if the work or project is financed, in whole or in part, with federal, grant, or loan funds, it must also appear on the Treasury Department’s most current list (Circular 570 as amended).

THIS IS A REQUIRED FORM.

Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of agent or representative for
service of process in California if different from above) (Telephone Number of Surety and agent or
representative for service of process in California).

Bid Bond Form

005893.00001
13829157.1

REQUEST FOR SUBSTITUTION AT TIME OF BID
Pursuant to Public Contract Code section 3400, bidder submits the following request to Substitute with the bid that is submitted. I understand that if the request to substitute is not an “or equal” or is not accepted by Owner and I answer “no” I will not provide the specified item, then I will be held nonresponsive and my bid will be rejected. With this understanding, I hereby request Substitution of the following articles, devices, equipment, products, materials, fixtures, patented processes, forms, methods, or types of construction:

Bidder must state whether bidder will provide the Specified Item in the event the Substitution request is evaluate and denied. If bidder states that bidder will not provide the Specified Item the denial of a request to Substitute shall result in the rejection of the bidder as non-responsive. However, if bidder states that bidder will provide the Specified Item in the event that bidder’s request for Substitution is denied, bidder shall execute the Agreement and provide the Specified Item(s). If bidder refuses to execute the Agreement due to the Owner’s decision to require the Specified Item(s) at no additional cost, bidder’s Bid Bond shall be forfeited.

This Request Form must be accompanied by evidence as to whether the proposed Substitution (1) is equal in quality, service, and ability to the Specified Item; (2) will entail no change in detail, construction, and scheduling of related work. (3) will be acceptable in consideration of the required design and artistic effect; (4) will provide no cost disadvantage to the Owner; (5) will require no excessive or more expensive maintenance, including adequacy and availability of replacement parts; (6) will require no change of the construction schedule or milestones for the Project; and, (7) Contractor agrees to pay for any DSA Fees or other Governmental Plan check costs associated with this Substitution Request. (See General Conditions Section 3.6)
Specification Section Specified
Item
Requested
Substituted Item
Contractor
Agrees to
Provide
Specified
Item if
request to
Substitute
is Denied1
(circle one)
Owner
Decision
(circle one)
1 Yes No Grant Deny
2 Yes No Grant Deny
3 Yes No Grant Deny
4 Yes No Grant Deny
5 Yes No Grant Deny
6 Yes No Grant Deny
7 Yes No Grant Deny
8 Yes No Grant Deny
9 Yes No Grant Deny
20 Page 134 of 186
005893.00001
13829157.1
The undersigned states that the following paragraphs are correct:

1. The proposed Substitution does not affect the dimensions shown on the Drawings.

2. The undersigned will pay for changes to the building design, including Architect, engineering, or other consultant design, detailing, DSA plan check or other governmental plan check costs, and construction costs caused by the requested substitution.

3. The proposed substitution will have no adverse effect on other trades, the Contract Time, or specified warranty requirements.

4. Maintenance and service parts will be available locally for the proposed substitution.

5. In order for the Architect or Owners Representative to properly review the substitution request, within five (5) days following the opening of bids, the Contractor shall provide samples, test criteria, manufacturer information, and any other documents requested by Architect or Architect’s engineers or consultants, including the submissions that would ordinarily be required under Article

3.7 for Shop Drawings along with a document which provides a side by side comparison of key characteristics and performance criteria (often known as a CSI side by side comparison chart).

6. If Substitution Request is accepted by the Owner, Contractor is still required to provide a Submittal for the substituted item pursuant to Article 3.7 and shall provide required Schedule information (including schedule fragnets, if applicable) for the substituted item as required under Article 8.3.2.1. The approval of the Architect, Engineer, or Owner of the substitution request does not mean that the Contractor is relieved of Contractor’s responsibilities for Submittals, Shop Drawings, and schedules under Article 3.7 and 8.3.2 if the Contractor is awarded the Project.

Name of Bidder:_____________________
By: _______________________________
Owner:____________________________
By: _______________________________
21 Page 135 of 186
005893.00001
13829157.1
[End of Required Bid Documents to be Submitted with Bid] 22 Page 136 of 186

GENERAL CONSTRUCTION CONTRACT
This GENERAL CONSTRUCTION CONTRACT (“Contract”) is made by and between the CITY OF ATWATER, a California municipal corporation (“City”) and ______________ (“Contractor”) as of ____________, 20XX, City and Contractor shall be referred to herein separately as a “Party” and collectively as “Parties”.

1. The Contract. It is mutually agreed and understood that the complete Contract shall consist of the following component documents, all of which are fully a part hereof as if herein set out in full, or if not attached, as if hereto attached:

A. This Contract;
B. Plans and Specifications for PROJECT NO.____;
C. Special Provisions for PROJECT NO.____;
D. Notice to Contractors;
E. Proposal to the City of Atwater;
F. Performance Bond;
G. Labor and Material Bond;
H. Current edition of the Caltrans Standard Specifications; I. Current edition of the Caltrans Standard Plans;
J. The latest revisions to the General Prevailing Wage Rates; and K. Any Published Addenda.

Any and all obligations of the City and the Contractor are fully set forth and described therein.

All of the above component documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The component documents comprising the complete Contract are sometimes hereinafter referred to as the “Contract Documents”. To the extent any of the Contract Documents are in conflict with each other, the component documents shall have priority based upon their hierarchical order set forth above.

2. Effective Date. This Contract shall only become effective once all of the Parties have executed the Contract (the “Effective Date”). Contractor, however, shall not commence the performance of the work until it has been given notice by City (“Notice to Proceed”).

3. Term. This Contract shall commence on the Effective Date and naturally terminate after Final Payment of Contractor by City as defined by Section 5-1.08 of the Special Provisions. Section 8-1.14 of the 2010 Caltrans Standard Specifications provides for Terminations. Section 2-1.12A of the 2010 Caltrans Standard Specifications allows for termination in accordance with 49 CFR 26.13(b) for failure by the contractor to carry out the requirements of 49 CFR part 26 in the award and administration of this contract.

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and___________________________ Page 1 of 14

4. The Work. Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner all work of improvement in accordance with the Contract Documents, and in the manner designated in, and in strict conformity with, the Project Plans and Specifications for PROJECT NO. ___, entitled, “______________________________ PROJECT” for construction in Atwater, Merced County, California. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished and said work performed and completed as required in said Project Plans and Specifications under the sole direction and control of the Contractor, and subject to inspection and approval of the City or its representative. The City hereby designates the City Engineer as its representative for the purpose of this Contract.

City, without invalidating this Contract, may order changes to the work, consisting of additions, deletions, or other revisions. All such changes to the work, including in the Contract Price and Contract time for performance, shall be authorized by Change Order or Work Change Directive, signed by the City Manager. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract time for performance if it fails to secure such written authorization for such work, except in the case of an emergency as provided in the 2010 Caltrans Standard Specifications or the Special Provisions.

5. Contract Price. The City agrees to pay, and the Contractor agrees to receive and accept, the following Contract prices as full compensation for furnishing all materials and performing all work in accordance with this Contract as follows:

BASE BID

I T E M
NO. ITEM UNIT OF MEASURE

ESTIMATED

QUANTITY
UNIT
PRICE
TOTAL

ITEM PRICE
1 Mobilization
2 Traffic Control
3 SWPPP & Erosion Control
4 QSP Site Monitoring
5 D e m o l i s h a n d r e m o v e A C
structural section
6 Demolish and remove existing
sidewalk, curb and gutter and drive
approaches
7 Demolish and remove existing
curb ramps and cross gutters
8 Remove existing street light
9 Construct 6” thick concrete drop
d r i v e w a y a p p r o a c h e s a n d
associated gutter pans
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and___________________________ Page 2 of 14

10 Construct 6” thick concrete cross
gutter
11 C o n s t r u c t / W i d e n C o n c r e t e
Sidewalks and Construct ADA
Ramps
12 Construct Curb and Gutter
(excludes gutter pan along
driveways)
13 Construct Type A1 Curb
14 Install Truncated Domes to ADA
Curb Ramps
15 Furnish and Install Type 9A ES-7K
Pole, RRFB, and all associated
signage
16 Furnish and Install ES-7A Rapid
Flashing Beacons with Pole, Push
B u t t o n A s s e m b l y a n d a l l
associated signage
17 Furnish and Install Type 9A,
F l a s h i n g B e a c o n o n Ty p e
19-1-100 Signal and Lighting
Standard, Pushbutton Assembly,
Rapid Flashing Beacons and all
associated signage
18 Furnish and Install Traffic Loops
19 Sign relocation
20 Valley Gutter Replacement
21 Wooden Fence Replacement
22 Chain Link Fence Replacement
23 Wrought Iron Fence Replacement
24 Construct New Pavement Section:
4” A.C. over 13” A.B.
25 Striping
26 Joint/Power Pole Relocation
27 Raise to Grade Manholes, Utility
Boxes, Monument Wells, Water
Meter Box and Utility Vault
(74 Total)
TOTAL BASE BID: $

I T E M
NO. ITEM UNIT OF MEASURE

ESTIMATED

QUANTITY
UNIT
PRICE
TOTAL

ITEM PRICE
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and___________________________ Page 3 of 14

[DEDUCTIVE/ADDITIVE (IF ANY)] ALTERNATE 1
Total Contract Amount = Base Bid + Bid Alternate __ (if any): $______________________ Additional services may be authorized by the City Manager in an amount up to, but not to exceed __% of the Total Contract Amount stated above as $________________. In the event that additional services are deemed necessary, the Contractor shall provide a written request to the City Manager indicating the reason for the additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure, in whole or in part, based upon a recommendation by the Public Works Director, or his designee. If additional services are requested and approved, they shall not exceed the amount approved in writing by the City Manager. In that event, the new total compensation shall not exceed the Total Contract Amount as stated herein, plus __% of that price,, or $__________. If additional services in excess of this amount (total contract price plus __%) are deemed necessary by City staff, an amendment to this Agreement will be required and must be approved by City Council prior to commencing the work.

I T E M
NO. ITEM UNIT OF MEASURE

ESTIMATED

QUANTITY
UNIT
PRICE

TOTAL ITEM
PRICE
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and___________________________ Page 4 of 14

6. Termination. If the Contractor should become insolvent or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, or if it or any of its subcontractors should violate any of the provisions of the Contract Documents, the City may serve written notice upon Contractor and its surety of its intention to terminate the Contract. The notice shall contain the reasons for the City’s intent to terminate the Contract and unless the violation ceases and/ or is corrected within ten (10) days of service of the notice, the Contract shall cease and terminate. In the event of any such termination, the City shall immediately serve a written notice of termination on the surety and the Contractor, and the surety shall have the right to take over and perform the Contract. The surety shall serve a written notice of intent to take over and perform the Contract on the City within fifteen (15) days of service of the notice to terminate and shall commence performance of the Contract within thirty (30) days from service of the notice to terminate. In the event the surety fails to serve the notice of intent to take over and perform or fails to commence performance as required in this Section, the City may take over the work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account and at the expense of the Contractor, and the Contractor and its surety shall be liable to the City for any excess cost incurred by the City, and in such event the City may, without liability for so doing, take possession of and utilize in completing the work such materials, appliances, plant, and other property belonging to the Contractor as may be on the site of the work and necessary to complete the work. The City may also terminate the Contractor's performance under the Agreement, either in whole or in part, at its own discretion, with or without cause, or for convenience or when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the work for any reason. The City shall provide no less than fifteen (15) calendar days written notice of its intent to terminate the Agreement for convenience and shall endeavor to provide the Contractor with consultation with the City prior to termination.

7. Notices. All notices given pursuant to this Contract shall be in writing and shall be mailed by first class mail, postage prepaid, certified or registered, with return receipt requested. Such notice shall be deemed served or given three (3) business days after deposit in the United States Postal Service. The address of each Party to this Contract for purposes of notice shall be as indicated below. Each Party may change its address for notice by giving notice of such change to the other Party in the manner set forth above.

If to City: Lori Waterman, City Manager
City of Atwater
750 Bellevue Road
Atwater, California 95301
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and _________________________________ Page 5 of 14

If to Contractor: ___________________
___________________
___________________
If to Surety: ___________________

8. Assignment of Contract. The Contractor shall not assign the Contract, moneys due under the Contract, or monies to become due under the Contract, without first obtaining the prior written consent of the City.

9. Contract Security. The Contractor shall furnish a surety bond in an amount at least equal to One Hundred Percent (100%) of the Contract price as security for the faithful performance of this Contract (“Performance Bond”). The Contractor shall also furnish a separate surety bond in an amount at least equal to One Hundred Percent (100%) of the Contract price as security for the payment of all persons for furnishing materials, provisions, provender, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for performing any work or labor thereon of any kind, and for the payment of amounts due under the Unemployment Insurance Code with respect to such work or labor in connection with this Contract, and for the payment of a reasonable attorney’s fee to be fixed by the court in case suit is brought upon the bond (“Labor and Material Bond”).

10. Insurance. Contractor shall maintain in full force and effect policies of insurance set forth herein, which shall be placed with insurers with a current A M Best’s rating of no less than A VII and will provide City with written proof of said insurance. Contractor shall maintain coverage as follows and will provide City with written proof of said insurance. Such insurance shall remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective work. The cost of such insurance shall be included in the contractor’s bid. Contractor shall maintain coverage as follows:

A. Minimum Scope of Insurance.

1. Commercial General Liability coverage at least as broad as the Insurance Services Office, Inc. (ISO Form CG 00 01) with limits of liability of at least $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance forms or other forms with a general aggregate limit are used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be $4,000,000.

2. An Additional Insured Endorsement to the Commercial General Liability coverage form naming the City as an insured at least as broad as ISO form CG 20 37 10 GENERAL CONSTRUCTION CONTRACT between
City of Atwater and _________________________________ Page 6 of 14

01 entitled ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS.

3. Business Auto Liability coverage at least as broad as ISO form CA 00 01 with limits of liability of at least $1,000,000 combined single limit per accident for bodily injury and property damage, covering any automobile owned, leased, hired or borrowed by the Contractor, its agents, representatives, or employees, or for which the Contractor is responsible.

4. An Automobile Liability Special Endorsement to the Business Auto Liability form naming the City as an insured with regard to damages and the defense of claims arising out of use of any automobile for which the Contractor is responsible. (In the alternative, the Contractor may provide a Designated Insured Endorsement form at least as broad as ISO Form CA 00 01).

5. Workers’ Compensation coverage for the Contractor’s employees with limits as required by California law, and Employers Liability coverage with limits of liability of at least $1,000,000 per accident or occurrence.

6. A Certificate of Liability Insurance showing evidence of the above liability coverages prior to the commencement of work.

B. Deductibles and Self-Insured Retentions.

Any deductibles or self-insured retentions must be declared to and approved by the City.

At the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects to the City, its officers, public officials, employees and volunteers, or (2) the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

C. Other Insurance Provisions.

The Commercial General Liability and Automobile Liability policies are to contain, or be endorsed to contain the following provisions:

1. The City, its officers, public officials, agents, employees and volunteers are to be covered as insured’s with respect to liability and defense arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (CG 20 10), or as a separate owner’s policy.

2. For any claims related to this project, the Contractor’s liability insurance coverage shall be primary insurance as respects the City, its officers, public officials, GENERAL CONSTRUCTION CONTRACT between
City of Atwater and _________________________________ Page 7 of 14

employees and volunteers. Any insurance of self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the California Civil Code.

5. The Contractor agrees that any and all liability insurance coverages available to it as a named insured will be applicable to the City as an Additional Insured.

6. If other than ISO forms are used by the insurer(s) for the Contractor, each form used will require individual review and approval by the City of Atwater.

D. Acceptability of Commercial Insurers.

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than “A: VII.”
E. Verification of Coverage.

Contractor shall furnish the City with Certificates of Liability Insurance and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the Entity’s forms, provided those endorsements or policies conform to the requirements of the Contract. All certificates and endorsements are to 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, including endorsements affecting the coverage required by these specifications at any time.

F. Subcontractors.

Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the insurance requirements stated herein.

G. For Construction Risks.

If this is a Proposal and Contract that involves a construction risk, in addition to the Insurance Requirement specified above, the Contractor shall procure and maintain Course of GENERAL CONSTRUCTION CONTRACT between
City of Atwater and _________________________________ Page 8 of 14

Construction (Builder’s Risk) insurance covering all risks of loss with limits of liability of not less than the completed value of the project with no coinsurance penalty provisions.

The Course of Construction insurance policies shall contain the following provisions:

1. The City shall be named as loss payee; and

2. The insurer shall waive all rights of subrogation against the City.

11. Indemnification. The Contractor will indemnify, defend with counsel selected by the City, save, keep, and hold harmless, the City and all officers, public officials, employees, and agents thereof from and against any and all actions, claims, loss, cost, damage, injury (including, without limitation, disability, injury or death of an employee of Contractor or its subcontractors), expense and liability of every kind, nature and description that arise out of, pertain to or relate to performance of the work, provided that any such action, claim, loss, cost, damage, injury, expense or liability is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself), including the loss of use resulting there from but only to the extent caused by any negligent act or omission of Contractor, subcontractor, any supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the work or anyone for whose acts any of them may be liable. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Notwithstanding the above, the Contractor shall, wherever it is necessary, keep and maintain at his sole cost and expense during the course of his operations under this Contract such warnings, signs, and barriers as may be required to protect the public. The provisions of the preceding sentence shall not impose any liability upon the City and are for the express benefit of the general public.

Acceptance by City of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Contract, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

It is expressly understood that Contractor is an independent contractor and that its employees shall not be employees of or have any contractual relationship with the City.

Contractor shall be responsible for the payment of all taxes, workers’ compensation insurance and unemployment insurance. Should contractor desire any insurance protection, the Contractor is to acquire such protection at its expense.

In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Contract is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the GENERAL CONSTRUCTION CONTRACT between
City of Atwater and _________________________________ Page 9 of 14

payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

12. Accident Prevention. Precaution shall be exercised at all times for protection of persons (including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Industrial Accident Commission of the State of California.

13. Payment. The City will make partial and final payment to the Contractor except that the City will retain five percent (5%) of the final payment amount until the expiration of thirty-five (35) days from the date of recording by City of the notice of acceptance of completion of all work covered by this Contract, at which time and not before, City shall pay to Contractor the remaining five percent (5%), less any previous payments and deductions provided for herein.

The closure date for the purpose of making monthly progress payment will be the last calendar day of that month. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve such request when it is compatible with the City’s payment procedure.

Each month, the Contractor will submit its own invoice for work performed through the closure date and the Engineer will make an approximate measurement of the work performed through the closure date and as a basis for making monthly payments, estimate its value based on the Contract unit prices or as the Engineer deems appropriate. The City will endeavor to, not later than twenty (20) working days after receipt of the Contractor’s invoice, make partial payment to the Contractor, based on work performed and material incorporated in the project as of the closure date of the particular calendar month, providing that the Contractor’s invoice for the work performed agrees with the Engineer’s determination. If the Engineer’s determination differs from the Contractor’s invoice, the City will make payment to the Contractor for those items or portions of items not in dispute not later than payment would have been made had no dispute occurred. Within ten (10) calendar days after agreement on disputed work is achieved between the City and the Contractor, the City shall pay the Contractor for any additional monies due as a result of settling any dispute. When the work has been satisfactorily completed, the Engineer will determine the quantity of work performed and prepare the final estimate.

The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments, but the entire work is to be subjected to the inspection and approval of the City and subject to whatever inspection and approval may be required by law.

It is further agreed by the Parties that before each payment is made as provided above, receipts and releases of liens of all kinds for all labor and materials and all other indebtedness connected with the work shall be presented to the City by the Contractor upon the request of the City.

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and _________________________________ Page 10 of 14

14. Prevailing Wage. The statement of prevailing wages appearing in the General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this Contract. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the terms of said proposal conflicting herewith.

15. Article VI. The improvements contemplated in the performance of this Contract is a Federal-Aid improvement over which the State of California shall exercise general supervision. The State of California therefore shall have the right to assume full and direct control over this Contract whenever the State of California, at its sole discretion, shall determine that its responsibility to the United States so requires. In such cases, the State Contract Act will govern.

16. General Provisions.
(a) Modification. No alteration, amendment, modification, or termination of this Contract shall be valid unless made in writing and in accordance with the Contract Documents. (b) Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
(c) Authority. All Parties to this Contract warrant and represent that they have the power and authority to enter into this Contract and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Contract have been fully complied with.
(d) Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Contract with its own legal counsel, and based upon the advice of that counsel, freely entered into this Contract. Each Party has participated fully in the review and revision of this Contract. Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Contract.
(e) Governing Law. This Contract shall be governed by and construed in accordance with the laws of the state of California.
(f) Venue. Venue for all legal proceedings shall be in the Superior Court of California for the County of Merced.

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and _________________________________ Page 11 of 14

(g) Severability. If this Contract in its entirety is determined by a court to be invalid or unenforceable, this Contract shall automatically terminate as of the date of final entry of judgment. If any provision of this Contract shall be determined by a court to be invalid and unenforceable, or if any provision of this Contract is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Contract, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Contract. (h) Counterparts. This Contract may be executed simultaneously and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument.
(i) Audit. City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Contractor’s charges to City under this Contract.
(j) Entire Contract. This Contract, together with its specific references, attachments and exhibits, constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes any and all prior negotiations, understanding and agreements with respect hereto, whether oral or written.
(k) Supersedes Prior Agreement. It is the intention of the Parties hereto that this Contract shall supersede any prior agreements, discussions, commitments, or representations whether, written, electronic or oral, between the Parties with respect to the subject matter of this Contract.
(l) Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” and “can” are permissive.
(m) Headings. Headings used in this Contract are for reference purposes only and shall not be considered in construing this Contract.
(n) Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret provisions of this Contract, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled. (o) Necessary Acts and Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Contract.

GENERAL CONSTRUCTION CONTRACT between
City of Atwater and _________________________________ Page 12 of 14

(p) Time is of the Essence. Time is of the essence in this Contract for each covenant and term of a condition herein.

IN WITNESS WHEREOF, three (3) identical counterparts of this Contract, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Parties hereinabove named, on the day and year first herein written.

CITY OF ATWATER, a Municipal Corporation _____________________________________

By: _______________________________________ By:________________________________________ GENERAL CONSTRUCTION CONTRACT between
City of Atwater and _________________________________ Page 13 of 14

Lori Waterman, City Manager Contractor licensed in accordance with an act providing for the registration of contractors.

ATTEST:

By: ________________________________________
Lucy Armstrong, City Clerk
APPROVED AS TO FORM:

By: ________________________________________
Frank Splendorio, City Attorney
ACCOUNT DATA: LICENSE NO. ______________________________ PROJECT NO. ________ TAXPAYER I.D. NO. ________________________ Contract No. _________________________________ VENDOR NO. ______________________________ Project Account No./Amount: ADDRESS: ________________________________ _____________________ / $ ______________________ PHONE: ___________________________________ FAX: _____________________________________
EMAIL: ___________________________________
By: __________________________________________ (SEAL)
Finance Director Verification
GENERAL CONSTRUCTION CONTRACT between
City of Atwater and _________________________________ Page 14 of 14

PAYMENT BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the ____________________ Owner (sometimes referred to hereinafter as “Obligee”) has awarded to __________________________________ (hereinafter designated as the “Principal” or “Contractor”), an agreement for the work described as follows:
____________________________________ (hereinafter referred to as the “Public Work”); and WHEREAS, said Contractor is required to furnish a bond in connection with said Contract, and pursuant to California Civil Code Section 9550; NOW, THEREFORE, We, _______________________________________, the undersigned Contractor, as Principal; and ________________________________, a corporation organized and existing under the laws of the State of ________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the ____________________ Owner and to any and all persons, companies, or corporations entitled by law to file stop notices under California Civil Code Section 9100, or any person, company, or corporation entitled to make a claim on this bond, in the sum of ______________________________________ Dollars ($__________________), such sum being not less than one hundred percent (100%) of the total amount payable by said Obligee under the terms of said Contract, for which payment will 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 said Principal, its heirs, executors, administrators, successors, or assigns, or subcontractor, shall fail to pay any person or persons named in Civil Code Section 9100; or 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 for amounts due under the Unemployment Insurance Code, with respect to work or labor thereon of any kind; or shall fail to deduct, withhold, and pay over to the Employment Development Department, any amounts required to be deducted, withheld, and paid over by Unemployment Insurance Code Section 13020 with respect to work and labor thereon of any kind, then said Surety will pay for the same, in an amount not exceeding the amount herein above set forth, and in the event suit is brought upon this bond, also will pay such reasonable attorneys’ fees as shall be fixed by the court, awarded and taxed as provided in California Civil Code Section 9550 et seq.

This bond shall inure to the benefit of any person named in Civil Code Section 9100 giving such person or his/her assigns a right of action in any suit brought upon this bond.

It is further stipulated and agreed that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, Plans, or 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 therefor; nor by any change or modification of any terms of payment or extension of time for payment pertaining or relating to any scheme or work of improvement herein above described; nor by any 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 Payment Bond

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 the Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the Obligee and the Contractor or on the part of any obligee named in such bond; that the sole condition of recovery shall be that the claimant is a person described in California Civil Code Section 9100, and who has not been paid the full amount of his or her claim; and that the Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.

IN WITNESS WHEREOF this instrument has been duly executed by the Principal and Surety above named, on the___________ day of ___________________, 20___.

PRINCIPAL/CONTRACTOR:

By:

SURETY:

By:

Attorney-in-Fact
Payment Bond

IMPORTANT: THIS IS A REQUIRED FORM.

Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in California Insurance Code Section 105, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, Surety’s name must also appear on the Treasury Department’s most current list (Circular 570 as amended).

Any claims under this bond may be addressed to:

STATE OF CALIFORNIA )
) ss.

COUNTY OF )
On ___________________________ before me, ____________________________________, a N o t a r y P u b l i c i n a n d f o r s a i d S t a t e , p e r s o n a l l y a p p e a r e d _______________________________, 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 as the Attorney-inFact of the _____________________ (Surety) and acknowledged to me that he/she/they subscribed the name of the _____________________ (Surety) thereto and his own name as Attorney-in-Fact on the executed 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.

NOTE: A copy of the power-of-attorney to local representatives of the bonding company must be attached hereto.
(Name and Address of Surety) (Name and Address of agent or representative for service for service of process in California)
Telephone: Telephone:

Notary Public in and for said State
Commission expires:
(SEAL)
Payment Bond

005893.00001
13829157.1

PERFORMANCE BOND
(CALIFORNIA PUBLIC WORK)
KNOW ALL MEN BY THESE PRESENTS:

THAT WHEREAS, the ____________________ Owner (sometimes referred to hereinafter as “Obligee”) has awarded to ___________________________________________ (hereinafter designated as the “Principal” or “Contractor”), an agreement for the work described as follows: ____________________________________ (hereinafter referred to as the “Public Work”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in that certain contract for said Public Work dated _____________ ____________________, (hereinafter referred to as the “Contract”), which Contract is incorporated herein by this reference; and
WHEREAS, the Contractor is required by said Contract to perform the terms thereof and to provide a bond both for the performance and guaranty thereof.

NOW, THEREFORE, we, ______________________________________, the undersigned Contractor, as Principal, and ________________________________, a corporation organized and existing under the laws of the State of ________________, and duly authorized to transact business under the laws of the State of California, as Surety, are held and f i r m l y b o u n d u n t o t h e _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ O w n e r i n t h e s u m o f _____________________________________ Dollars ($_______________), said sum being not less than one hundred percent (100%) of the total amount payable by said Obligee under the terms of said Contract, for which amount 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 the bounded Contractor, his or her 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 said Contract and any alteration thereof made as therein provided, on his or her 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 guarantees of all materials and workmanship; and indemnify, defend and save harmless the Obligee, its officers and agents, as stipulated in said Contract, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

The Surety, for value received, hereby stipulates and agrees that it shall not be exonerated or released from the obligation of this bond (either by total exoneration or pro tanto) by any change, extension of time, alteration in or addition to the terms of the contract or to the work to be performed there under or the specifications accompanying the same, nor by any change or modification to any terms of payment or extension of time for any payment pertaining or relating to any scheme of work of improvement under the contract. Surety also stipulates and agrees that it shall not be exonerated or released from the obligation of this bond (either by total exoneration or pro tanto) by any overpayment or underpayment by the Obligee that is based upon estimates approved by the Architect. The Surety stipulates and agrees that none of the aforementioned changes, modifications, alterations, additions, extension of time or actions shall in any way affect its obligation on this bond, and it does hereby waive notice of any such changes, modifications, alterations, additions or extension of time to the terms of the contract, or to the work, or the specifications as well notice of any other actions that result in the foregoing.

Performance Bond

005893.00001
13829157.1
Whenever Principal shall be, and is declared by the Obligee to be, in default under the Contract, the Surety shall promptly either remedy the default, or shall promptly take over and complete the Contract through its agents or independent contractors, subject to acceptance and approval of such agents or independent contractors by Obligee as hereinafter set forth, in accordance with its terms and conditions and to pay and perform all obligations of Principal under the Contract, including, without limitation, all obligations with respect to warranties, guarantees and the payment of liquidated damages; or, at Obligee’s sole discretion and election, Surety shall obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Obligee of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee and make available as Work progresses (even though there should be a default or succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the “balance of the Contract Price” (as hereinafter defined), and to pay and perform all obligations of Principal under the Contract, including, without limitation, all obligations with respect to warranties, guarantees and the payment of liquidated damages. The term “balance of the Contract price,” as used in this paragraph, shall mean the total amount payable to Principal by the Obligee under the Contract and any modifications thereto, less the amount previously paid by the Obligee to the Principal, less any withholdings by the Obligee allowed under the Contract. Obligee shall not be required or obligated to accept a tender of a completion contractor from the Surety.

Surety expressly agrees that the Obligee may reject any agent or contractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.

Unless otherwise agreed by Obligee, in its sole discretion, Surety shall not utilize Principal in completing the Contract nor shall Surety accept a bid from Principal for completion of the work in the event of default by the Principal.

No final settlement between the Obligee and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

The Surety shall remain responsible and liable for all patent and latent defects that arise out of or relate to the Contractor’s failure and/or inability to properly complete the Public Work as required by the Contract and the Contract Documents. The obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.

Contractor and Surety agree that if the Obligee is required to engage the services of an attorney in connection with enforcement of the bond, Contractor and Surety shall pay Obligee’s reasonable attorneys’ fees incurred, with or without suit, in addition to the above sum.

In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including reasonable attorneys’ fees to be fixed by the Court.

Performance Bond

005893.00001
13829157.1
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _____ day of _____________, 20___.

PRINCIPAL/CONTRACTOR:

By:

SURETY:

By:

Attorney-in-Fact
The rate of premium on this bond is ______________________________ per thousand.

The total amount of premium charged: $__________________________ (This must be filled in by a corporate surety).

Performance Bond

005893.00001
13829157.1
IMPORTANT: THIS IS A REQUIRED FORM.

Surety companies executing bonds must possess a certificate of authority from the California Insurance Commissioner authorizing them to write surety insurance defined in California Insurance Code Section 105, and if the work or project is financed, in whole or in part, with federal, grant or loan funds, Surety’s name must also appear on the Treasury Department’s most current list (Circular 570 as amended).

Any claims under this bond may be addressed to:

STATE OF CALIFORNIA )
) ss.

COUNTY OF )
On ____________________________, before me, _________________________, a Notary Public in and for said State, personally appeared _______________________________, 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 as the Attorney-in-Fact of the _____________________ (Surety) and acknowledged to me that he/she/they subscribed the name of the _____________________ (Surety) thereto and his own name as Attorney-in-Fact on the executed 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.

NOTE: A copy of the power-of-attorney to local representatives of the bonding company must be attached hereto.
(Name and Address of Surety) (Name and Address of agent or representative for service for service of process in California)
Telephone: Telephone:

Notary Public in and for said State
Commission expires:
(SEAL)
Performance Bond

005893.00001
13829157.1

GUARANTEE
Guarantee for ________________________________. We hereby guarantee that the ________________________________, which we have installed in _____________ ________________________________ has been done in accordance with the Contract Documents, including without limitation, the drawings and specifications, and that the work as installed will fulfill the requirements included in the bid documents. The undersigned and its surety agrees to repair or replace any or all such work, together with any other adjacent work, which may be displaced in connection with such replacement, that may prove to be defective in workmanship or material within a period of (3) three years from the date of the Notice of Completion of the above-mentioned structure by the ____________________ Owner, ordinary wear and tear and unusual abuse or neglect excepted.

In the event the undersigned or its surety fails to comply with the above-mentioned conditions within a reasonable period of time, as determined by the Owner, but not later than ten (10) days after being notified in writing by the Owner or within forty-eight (48) hours in the case of an emergency or urgent matter, the undersigned and its surety authorizes the Owner to proceed to have said defects repaired and made good at the expense of the undersigned and its surety, who will pay the costs and charges therefor upon demand. The undersigned and its surety shall be jointly and severally liable for any costs arising from the Owner's enforcement of this Guarantee.

Countersigned
(Proper Name) (Proper Name)
By: By:
(Signature of Subcontract or Contractor) (Signature of General Contractor if for Subcontractor)
Representatives to be contacted for
service:

Name:

Address:

Phone Number:

Guarantee

ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between the ____________________ Owner, ______________, ______________, California ________, hereinafter called “Owner”, and _______________________ whose address is _______________________, hereinafter called “Contractor”, and _______________________ whose address is _______________________, hereinafter called “Escrow Agent”.

For the consideration hereinafter set forth, the Owner, Contractor and Escrow Agent agree as follows:

1. Pursuant to section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for Retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ____ __________________in the amount of ________ dated _____________ (hereinafter referred to as the “Contract”). Alternatively, on written request of the Contractor, the Owner shall make payments of the Retention earnings directly to the escrow agent.

When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten (10) days of deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as Retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of the Owner, and shall designate the Contractor as beneficial owner.

2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.

3. When the Owner makes payments of Retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this Contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this Agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.

4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent.

5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner.

6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.

Escrow Agreement for Security Deposits in Lieu of Retentions

7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days’ written notice to the Escrow Agent from the Owner of the notice of default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.

8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payment of fees and charges.

9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above.

10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:

On behalf of Owner:

Title
Name
Signature
Address
On behalf of Contractor:

Title
Name
Signature
Address
Escrow Agreement for Security Deposits in Lieu of Retentions

On behalf of Agent:

Title
Name
Signature
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date set forth above.

OWNER CONTRACTOR
Title Title
Name Name
Signature Signature
Escrow Agreement for Security Deposits in Lieu of Retentions

CONTRACTOR CERTIFICATION REGARDING BACKGROUND CHECKS
_____________________________________ certifies that it has performed one of the following:
[Name of contractor/consultant]
❑ Pursuant to Education Code Section 45125.1, Contractor has conducted criminal background checks, through the California Department of Justice, of all employees providing services to the ____________________ Owner, pursuant to the contract/ purchase order dated ____________________, and that none have been convicted of serious or violent felonies, as specified in Penal Code Sections 1192.7(c) and 667.5(c), respectively.

As further required by Education Code Section 45125.1, attached hereto as Attachment “A” is a list of the names of the employees of the undersigned who may come in contact with pupils.

OR
❑ Pursuant to Education Code Section 45125.2, Contractor will ensure the safety of pupils by one or more of the following methods:
❑ 1. The installation of a physical barrier at the worksite to limit contact with pupils.
❑ 2. Continual supervision and monitoring of all employees of the entity by an employee of the entity whom the Department of Justice has ascertained has not been convicted of a violent or serious felony.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

Date_____________, 20___
[Name of Contractor/Consultant]
By its:

Contractor’s Certification Regarding Background Checks

ATTACHMENT A:

CONTRACTOR CERTIFICATION REGARDING BACKGROUND CHECKS
(INSERT NAMES OF EMPLOYEES WHO MAY COME IN CONTACT WITH PUPILS) Contractor’s Certification Regarding Background Checks

005893.00001
13829157.1

SPECIAL CONDITIONS

SPECIAL CONDITIONS
Special Conditions

SECTION 01110

SUMMARY OF WORK
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.

1.2 SUMMARY
A. Section includes repairs at the existing metal roof with Cool-Sil Silicone Coating.

B. Related Work Specified Elsewhere:

1. Section 07563: Fluid Applied Restoration

1.3 WORK COVERED BY CONTRACT DOCUMENTS
A. Project Identification: City of Atwater Roofing Project 2024 B. Project Location: City of Atwater Community Center, 760 East Bellevue Road Atwater, CA 93501 C. Owner: City of Atwater, 750 Bellevue Road. Atwater CA 95301 D. General scope of work but not limited to;

1. City of Atwater Community Center

2. Inspect roof for any damage or areas of potential leaks.

3. After inspection, clean areas where repairs will be made and apply a reinforced coating system.

4. Install Unibond to all repair areas. Horizontal seams along the metal panels and at all damaged areas of the EPDM Gutter Liners.

5. Apply Cool-Sil at a rate of two and a half (2.5) Gallons per square in two coats to areas where repairs will be made over Unibond.

6. Apply Cool-Sil at a rate of two and a half (2.5) Gallons per square in two coats to areas where the EPDM Gutter Liner is damaged over Unibond.

1.4 WORK COMPLETED BY THE OWNER
A. No work will be completed by the owner.

1.5 TYPE OF CONTRACT
A. Work will be completed under a single prime contract.

1.6 USE OF PREMISES
A. General: Contractor will have limited use of premises for construction operations.

B. Use of site: Limit use of premises to work areas required. Do not disturb portions of the project site beyond areas in which the work is indicated.

C. The building interior is off limits to the contractor. All access shall be from the exterior.

D. The point of exterior access must be approved by the owner.

SECTION 01110 – SUMMARY OF WORK 1

E. Entrances: Keep all entrances serving the building clear and available to the owner, owner’s employees, and emergency vehicles.

F. Use of existing building: Maintain existing building in a weather tight condition throughout the construction period. Repair damage caused by construction operations. Protect building and occupants during construction.

G. Vehicle Parking: Contractor parking is available on site and will need to be approved by the owner.

H. Assume full responsibility for protection and safekeeping of materials stored on premises.

Coordinate the location of materials and equipment to be stored on premises. Provide barricades, barriers, and enclosures as required to ensure safety.

1.7 OWNERS OCCUPANCY REQUIREMENTS
A. The owner will occupy the building during the entire construction phase. Cooperate with the owner during construction operations to minimize owner conflicts and facilitate owner usage. Perform the work as to not interfere with owners operations.

B. A minimum of 72 hours notice is needed for all activities that will affect the owners operations.

1.8 WORK RESTRICTIONS
A. On site work hours: Work shall generally be performed from the hours of 7:00 am – 5:00 pm Monday through Friday except as otherwise indicated or approved by the owner.

B. Weekend hours, early morning hours, utility shut down, and noisy activity requires owner’s authorization a minimum of 72 hours in advance.

1.9 UNIT PRICES
A. The following unit prices will be used to add or deduct from the total contract amount.

10. SCHEDULE OF ALTERNATES
N/A

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.

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.

Phased construction refers to the application of the roof insulation board, ply sheet membrane, and cap sheet membrane installed in the same day.

C. Due to the cure time needed for the roofing system prior to the acrylic coating scheduling of work past the completion date will need to be reviewed and agreed upon by all parties. Work can only be completed during weekends or off hours past the project completion date unless otherwise reviewed and approved by the district. All coating work and 100% project completion shall be no later than May 31, 2024. Including punch list and final inspection.

SECTION 01110 – SUMMARY OF WORK 2

1.13 PROJECT TIMELINE
A. Advertisement #1: February 15, 2024
B. Advertisement #2: February 22, 2024
C. Pre-Bid Meeting: February 29, 2024 @ 10:00 am
D. Last Day for Questions: March 7, 2024 @10:00 am
E. Bid Date: March 14, 2024 @ 2:00 pm
F. Project Start: ASAP, 2024
G. Project Completion: May 31, 2024
END OF SECTION 01 11 00 – SUMMARY OF WORK
SECTION 01110 – SUMMARY OF WORK 3

SECTION 01 30 00

SUBMITTALS
PART 1 – GENERAL

1.01 RELATED DOCUMENTS
A. Contract General Conditions.

B. See also contract general conditions for additional requirements especially those regarding requests for ALTERNATIVES OR EQUALS and for SUBSTITUTIONS.

1.02 SUMMARY
A. This Section specifies administrative and procedural requirements for submittals required for performance of the Work, including:

1. Contractor’s construction schedule

2. Submittal schedule

3. Shop Drawings

4. Product Data

5. Samples.

B. Administrative Submittals: Refer to other Division1 Sections and other Contract Documents for requirements for administrative submittals. Such submittals include, but are not limited to:

1. Permits

2. Applications for payment

3. Performance and payment bonds

4. Insurance certificates

5. List of Subcontractors.

1.03 SUBMITTAL PROCEDURES
A. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. Transmit each submittal sufficiently in advance of performance of related construction activities to avoid delay.

1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals and related activities that require sequential activity.

2. Coordinate transmittal of different types of submittals for related elements of the Work so processing will not be delayed by the need to review submittals concurrently for coordination.
a. The Architect shall return without action any submittals requiring coordination with other submittals until related submittals are coordinated.

3. Processing: Allow sufficient review time so that installation will not be delayed as a result of the time required to process submittals, including time for resubmittals. a. See General Conditions and Supplementary General Conditions for additional requirements.
b. If an intermediate submittal is necessary, process the same as the initial submittal.
c. No extension of Contract Time will be authorized because of failure to transmit submittals to the Architect sufficiently in advance of the Work to permit processing.

Section 01 30 00 - 1

B. Submittal Preparation: Place a permanent label or title block on each submittal for identification. Indicate the name of the entity that prepared each submittal on the label or title block.

1. Provide a space approximately 4” x 5” on the label or beside the title block on Shop Drawings to record the Contractor’s review and approval markings and the action taken.

2. Include the following information on the label for processing and recording action taken:
a. Project name
b. Date
c. Name and address of Architect
d. Name and address of Contractor
e. Name and address of subcontractor
f. Name and address of supplier
g. Name of manufacturer
h. Number and title of appropriate Specification Section i. Drawing number and detail references, as appropriate.

C. Submittal Transmittal: Package each submittal appropriately for transmittal and handling.

Transmit each submittal from Contractor to Architect using a transmittal form. Submittals received from sources other than the Contractor will be returned without action.

On the transmittal Record relevant information and requests for data. On the form, or separate sheet, record deviations from Contract Document requirements, including minor variations and limitations. Include Contractor’s certification that information complies with Contract Document requirements.

1.05 SHOP DRAWINGS
A. Submit newly prepared information, drawn to accurate scale. Highlight, encircle, or otherwise indicate deviations from the Contract Documents. Do not reproduce Contract Documents or copy standard information as the basis of Shop Drawings. Standard information prepared without specific reference to the Project is not considered Shop Drawings.

B. Shop Drawings include fabrication and installation drawings, setting diagrams, schedules, patterns, templates and similar drawings. Include the following information:

Dimensions
Identification of products and materials included
Compliance with specified standards
Notation of coordination requirements
Notation of dimensions established by field measurement.

C. Sheet Size: Except for templates, patterns and similar full size Drawings, submit Shop Drawings on sheets at least 81/2” x 11” but no larger than 30” x 42”.

D. Submittals: Submit one correctable translucent reproducible print and six (6) blue or blackline print for the Architect’s review; the reproducible and one print will be returned.

Do not use Shop Drawings without an appropriate final stamp indicating action taken in connection with construction.

Section 01 30 00 - 2

1.06 PRODUCT DATA
A. Collect Product Data into a single submittal for each element of construction or system.

Product Data includes printed information such as manufacturer’s installation instructions, catalog cuts, standard color charts, roughingin diagrams and templates, standard wiring diagrams and performance curves. Where Product Data must be specially prepared because standard printed data is not suitable for use, submit as “Shop Drawings.”

1. Mark each copy to show applicable choices and options. Where printed Product Data includes information on several products, some of which are not required, mark copies to indicate the applicable information. Include the following information:

Manufacturer’s printed recommendations,
Compliance with recognized trade association standards, Compliance with recognized testing agency standards,
Application of testing agency labels and seals,
Notation of dimensions verified by field measurement,
Notation of coordination requirements.

2. Do not submit Product Data until compliance with requirements of the Contract Documents has been confirmed.

B. Submittals: Submit a minimum of six (6) copies of each required submittal as well as additional copies as required by the Architect, (the actual number of submittals and distribution required shall be determined by the Trustees Representative at the Preconstruction Conference). The Architect will return two sets marked with action taken and corrections or modifications required.

C. Distribution: Furnish copies of final submittal to installers, subcontractors, suppliers, manufacturers, fabricators, and others required for performance of construction activities.

1. Do not proceed with installation until an applicable copy of Product Data applicable is in the installer’s possession.

2. Do not permit use of unmarked copies of Product Data in connection with construction.

1.07 SAMPLES
A. Submit full-size, fully fabricated Samples cured and finished as specified and physically identical with the material or product proposed. Samples include partial sections of manufactured or fabricated components, cuts or containers of materials, color range sets, and swatches showing color, texture and pattern.

1. Mount, display, or package Samples in the manner specified to facilitate review of qualities indicated. Prepare Samples to include the following:

Generic description of the Sample
Sample source
Product name or name of manufacturer
Compliance with recognized standards
Availability and delivery time.

2. Submit Samples for review of kind, color, pattern, and texture, for a final check of these characteristics with other elements, and for a comparison of these characteristics between the final submittal and the actual component as delivered and installed.

B. Preliminary submittals: Where Samples are for selection of color, pattern, texture or similar characteristics from a range of standard choices, submit a full set of choices for Section 01 30 00 - 3

the material or product.

Preliminary submittals will be reviewed and returned with the Architect’s mark indicating selection and other action.

C. Submittals: Except for Samples illustrating assembly details, workmanship, fabrication techniques, connections, operation and similar characteristics, submit 3 sets; one will be returned marked with the action taken.

Maintain sets of Samples, as returned, at the Project site, for quality comparisons throughout the course of construction.

D. Distribution of Samples: Prepare and distribute additional sets to subcontractors, manufacturers, fabricators, suppliers, installers, and others as required for performance of the Work.

Field Samples specified in individual Sections are special types of Samples. Field Samples are full-size examples erected on site to illustrate finishes, coatings, or finish materials and to establish the standard by which the Work will be judged.

1.08 ARCHITECTS ACTION
A. Except for submittals for record, information or similar purposes, where action and return is required or requested, the Architect will review each submittal, mark to indicate action taken, and return promptly.

Compliance with specified characteristics is the Contractor’s responsibility.

B. Action Stamp: The Architect will stamp each submittal with a uniform, self-explanatory action stamp. The stamp will be appropriately marked, as follows, to indicate the action taken:

1. Final Unrestricted Release: Where submittals are marked “Approved,” that part of the Work covered by the submittal may proceed provided it complies with requirements of the Contract Documents; final acceptance will depend upon that compliance.

2. Final-But-Restricted Release: When submittals are marked “Approved as Noted,” that part of the Work covered by the submittal may proceed provided it complies with notations or corrections on the submittal and requirements of the Contract Documents; final acceptance will depend on that compliance.

3. Returned for Resubmittal: When submittal is marked “Not Approved, Revise and Resubmit,” do not proceed with that part of the Work covered by the submittal, including purchasing, fabrication, delivery, or other activity. Revise or prepare a new submittal in accordance with the notations; resubmit without delay. Repeat if necessary to obtain a different action mark.
a. Do not permit submittals marked “Not Approved, Revise and Resubmit” to be used at the Project site, or elsewhere where Work is in progress.
b. Note: Any work performed prior to receiving a FULLY APPROVED submittal shall be done at the contractors own risk and is subject to being replaced if any of the submittal requirements are not met.

Section 01 30 00 - 4

PART 2 – PRODUCTS NOT USED
PART 3 – EXECUTION NOT USED
END OF SECTION 01300
Section 01 30 00 - 5

SECTION 07563

FLUID APPLIED ROOFING RESTORATION

1.GENERAL

1.1. SECTION INCLUDES
A. Metal Surface Roof Restoration
B. Accessories
C. Edge Treatment and Roof Penetration Flashings

1.2. RELATED SECTIONS
A. Section 01110 - Summary of Work
B. Section 06100 - Rough Carpentry
C. Section 07620 - Sheet Metal Flashing and Trim

1.3. REFERENCES
A. ASTM C 78 - Standard Test Method for Flexural Strength of Concrete.

B. ASTM C 92 - Standard Test Methods for Sieve Analysis and Water Content of Refractory Materials.

C. ASTM C 109 - Standard Test Method for Compressive Strength of Hydraulic Cement Mortars.

D. ASTM C 920 - Standard Specification for Elastomeric Joint Sealants.

E. ASTM D 93 - Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester.

F. ASTM D 562 - Standard Test Method for Consistency of Paints Measuring Krebs Unit (KU) Viscosity Using a Stormer-Type Viscometer.

G. ASTM D 624 - Standard Test Method for Tear Strength of Conventional Vulcanized Rubber and Thermoplastic Elastomers
H. ASTM D 1002 - Standard Test Method for Apparent Shear Strength of Single-Lap-Joint Adhesively Bonded Metal Specimens by Tension Loading (Metal-to-Metal).

I. ASTM D 2196 - Standard Test Methods for Rheological Properties of Non-Newtonian Materials by Rotational (Brookfield type) Viscometer.

J. ASTM D 2369 - Standard Test Method for Volatile Content of Coatings.

K. ASTM D 4212 - Standard Test Method for Viscosity by Dip-Type Viscosity Cups.

L. ASTM D 4402 - Standard Test Method for Viscosity Determination of Asphalt at Elevated Temperatures Using a Rotational Viscometer.

M. SMACNA Architectural Sheet Metal Manual.

N. National Roofing Contractors Association (NRCA) - Roofing and Waterproofing Manual.

1.4. SYSTEM DESCRIPTION
07563 - 1

A. Metal Surface Roof Restoration: Renovation work includes:

1. Surface preparation: Remove loose flaking rust, dust, dirt, debris, secure all gaped panels and replace all loose fasteners with next size larger.

2. Metal Flashings: Repair/Replace metal flashings, pitch pockets, etc.

3. Primer: Prime entire roof surface.

4. Base coat: Apply base coat and fabric on seams and around penetrations/let cure/ Apply base coat over the entire roof surface/let cure.

5. Topcoat: Apply coating over entire roof surface.

1.5. SUBMITTALS
A. Submit under provisions of Section 01300.

B. Product Data: Manufacturer's data sheets on each product to be used, including:

1. Preparation instructions and recommendations.

2. Storage and handling requirements and recommendations.

3. Installation methods.

C. Shop Drawings: Submit shop drawings including installation details of fluid applied roofing and flashing prior to job start.

D. LEED Submittals: Provide documentation of how the requirements of Credit will be met:

1. List of proposed materials with recycled content. Indicate post-consumer recycled content and pre-consumer recycled content for each product having recycled content.

2. Product data and certification letter indicating percentages by weight of postconsumer and pre-consumer recycled content for products having recycled content.

3. Product reflectivity and emissivity criteria to qualify for one point under the LEED credit category, Credit 7.2, Landscape & Exterior Design to Reduce Heat Island - Roof.

E. Verification Samples: For each product specified, two samples, minimum size 6 inches (150 mm) square, representing actual product, and color.

F. Manufacturer's Certificates: Certify products meet or exceed specified requirements.

G. Closeout Submittals: Provide manufacturer's maintenance instructions that include recommendations for periodic inspection and maintenance of all completed roofing work.

Provide product warranty executed by the manufacturer. 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.

1.6. QUALITY ASSURANCE
A. Perform Work in accordance with manufacturer's current Application and Installation Guidelines and the NRCA Roofing and Waterproofing Manual.

B. Manufacturer Qualifications: Manufacturer: Company specializing in manufacturing products specified in this section with documented ISO 9001 certification and minimum twelve years and experience.

C. Installer Qualifications: Company specializing in performing Work of this section with minimum five years documented experience and a certified Pre-Approved Garland Contractor.

D. 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.

E. Product Certification: Provide manufacturer's certification 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 07563 - 2

system specified herein.

F. 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.

1.7. PRE-INSTALLATION CONFERENCE
A. Convene a pre-roofing conference approximately two weeks before scheduled commencement of roofing system installation and associated work.

B. Require attendance of installers of deck or substrate construction to receive roofing, installers of rooftop units and other work in and around roofing which must precede or follow roofing work including mechanical work, Architect, Owner, roofing system manufacturer's representative.

C. Objectives include:

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, inspect and discuss condition of substrate, roof drains, curbs, penetrations and other preparatory work.

3. Review structural loading limitations of deck and inspect deck for loss of flatness and for required attachment.

4. Review roofing system requirements, Drawings, Specifications and other Contract Documents.

5. Review and finalize 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 procedures.

7. Review weather and forecasted weather conditions and procedures for coping with unfavorable conditions, including possibility of temporary roofing.

8. Record conference including decisions and agreements reached. Furnish a copy of records to each party attending.

1.8. DELIVERY, STORAGE, AND HANDLING
A. Deliver and store products in manufacturer's unopened packaging with labels intact until ready for installation.

B. Store all roofing materials in a dry place, on pallets or raised platforms, out of direct exposure to the elements until time of application. Store materials at least 4 inches above ground level and covered with "breathable" tarpaulins.

C. Stored in accordance with the instructions of the manufacturer prior to their application or installation. Store roll goods on end on a clean flat surface. No wet or damaged materials will be used in the application.

D. Storage temperatures should be between 60 degrees F to 80 degrees F (15.6 degrees to

26.7 degrees C). Indoor ventilated storage is recommended. Ensure jobsite storage is in a shaded and ventilated area. Do not store in direct sunlight. Keep materials away from open flame or welding sparks.

E. Avoid stockpiling of materials on roofs without first obtaining acceptance from the Architect/ Engineer.

1.9. PROJECT CONDITIONS
A. Maintain environmental conditions (temperature, humidity, and ventilation) within limits 07563 - 3

recommended by manufacturer for optimum results. Do not install products under environmental conditions outside manufacturer's absolute limits.

B. Weather Condition Limitations: Product application must not be done when rain or other conditions such as fog or heavy dew are possible within a 24 hour period. Roof surface must be at least 6 Fahrenheit degrees or 3 Celsius degrees above the dew point and rising.

C. Proceed with roofing work only when existing and forecasted weather conditions will permit unit of work to be installed in accordance with manufacturer's recommendations and warranty requirements.

D. Do not expose materials vulnerable to water or sun damage in quantities greater than can be weatherproofed during same day.

E. When applying materials with spray equipment, take precautions to prevent over spray from damaging or defacing surrounding walls, building surfaces, vehicles or other property. Care should be taken to do the following:

1. Close air intakes into the building.

2. Have a dry chemical fire extinguisher available at the jobsite.

3. Post and enforce "No Smoking" signs.

F. Avoid inhaling spray mist; take precautions to ensure adequate ventilation.

G. Protect completed roof sections from foot traffic for a period of at least 48 hours at 75 degrees F (24 degrees C) and 50 percent relative humidity or until fully cured.

H. Take precautions to ensure that materials do not freeze.

I. Minimum temperature for application of White-Knight Plus/ White-Stallion Plus, White-Knight Plus WC, LiquiTec and Cool-Sil coatings is 50 degrees F (10 degrees C) and rising.

1.10. WARRANTY
A. Warranty Period: Installer is to guarantee all work against defects in materials and workmanship for a period indicated following final acceptance of the Work.

1. Warranty Period:
a. 3 years from date of acceptance.

2.PRODUCTS

2.1. MANUFACTURERS
A. Acceptable Manufacturer: Garland Company, Inc. (The); 3800 E. 91st St., Cleveland, OH 44105. ASD. Toll Free: 800-321-9336. Phone: 216-641-7500. Fax: 216-641-0633. Web Site:
http://www.garlandco.com. Local Representative Logan Esqueda (559) 862-6298 [email protected]
B. Requests for substitutions will be considered in accordance with provisions of Section 01600.

2.2. METAL SURFACE ROOF RESTORATION
A. Cool Sil HB:

1. Primer: Rust-Go Primer (for priming metal components only)

2. Coating: Cool Sil HB:

3. Flashing: Cool Sil FG

4. Reinforcement: Partial reinforcement on metal panel seams only. a. UniBond ST

2.3. ACCESSORlES:
07563 - 4

A. Roof Insulation: In accordance with Section 07220.

B. Nails and Fasteners: Non-ferrous metal or galvanized steel, except that hard copper nails shall be used with copper; aluminum or stainless steel nails shall be used with aluminum; and stainless steel nails shall be used with stainless steel, Fasteners shall be self-clinching type of penetrating type as recommended by the deck manufacturer. Fasten nails and fasteners flush-driven through flat metal discs not less than 1 inch (25 mm) diameter. Omit metal discs when one-piece composite nails or fasteners with heads not less than 1 inch (25 mm) diameter are used.

C. Silicone Sealant - All-Sil: One part, medium modulus, high-performance sealant intended for use in expansion and control joints, reglets,panels, tilt-up walls, metal curtain walls, copings, window and door perimeters, panel bedding, and glazing details.

1. Tensile Strength, ASTM D 412: 230 psi

2. V Elongation, ASTM D 412: 360%

3. Hardness, Shore A ASTM C 920: 24
D. Silicone Sealer - Cool-Sil FG: One part, 100% silicone, moisture-cure sealer for sealing roof penetrations, drains, existing membrane seams and other flashing details.

1. Tensile Strength, ASTM D 412: 130 psi

2. Elongation, ASTM D 412: 275%

3. Hardness, Shore A, ASTM C 920: 35

4. Adhesion-in-Peel, ASTM C 92: 30 pli
E. Silicone Dampproofing - Seal-A-Pore HP: Transparent and colorless solution designed to damp-proof above grade masonry surfaces as recommended and furnished by the membrane manufacturer.

1. Density @77 degrees F 8.4 lb/gal min.

2. Viscosity (Zahn #2 cup) Typical 14 sec.

F. Acrylic Damp-Proofing Tuff-Coat: Damp-proofing that provides heavy body protection while bridging small hair line cracks and masonry imperfections as recommended and furnished by the membrane manufacturer.

1. Density @77 degrees F 12.25 lb/gal typical

2. Viscosity, ASTM D 562: 95 KU
G. Butyl Tape: 100% solids, asbestos free and compressive tape designed to seal as recommended and furnished by the membrane manufacturer.

H. Non-Shrink Grout: GarRock all-weather fast setting chemical action concrete material to fill pitch pans.

1. Flexural Strength, ASTM C 78: (modified) 7 days 1100psi

2. High Strength, ASTM C 109: (modified) 24 days 8400lbs (3810kg) I. Pitch Pocket Sealer - Universal Pitch-Pocket Sealer: Two-part, 100% solids, self-leveling, polyurethane sealant.

J. Glass Fiber Cant - Glass Cant: Continuous triangular cross Section made of inorganic fibrous glass used as a cant strip as recommended and furnished by the membrane manufacturer.

2.4. EDGE TREATMENT AND ROOF PENETRATION FLASHINGS
A. Flashing Boot - Rubbertite Flashing Boot: Neoprene pipe boot for sealing single or multiple pipe penetrations adhered in approved adhesives as recommended and furnished by the membrane manufacturer.

B. Vents and Breathers: Heavy gauge aluminum and fully insulated vent that allows moisture and air to escape but not enter the roof system as recommended and furnished by the membrane manufacturer.
07563 - 5

C. Pitch pans, Rain Collar 24 gauge stainless or 20oz (567gram) copper. All joints should be welded/soldered watertight. See details for design.

D. Drain Flashing should be 4lb (1.8kg) sheet lead formed and rolled.

E. Plumbing stacks should be 4lb (1.8kg) sheet lead formed and rolled.

F. Fabricated Flashing: Fabricated flashings and trim are specified in Section 07620.

1. Fabricated flashings and trim shall conform to the detail requirements of SMACNA "Architectural Sheet Metal Manual" and/or the CDA Copper Development Association "Copper in Architecture - Handbook" as applicable.

G. Manufactured Roof Specialties: Manufactured copings, fascia, gravel stops, control joints, expansion joints, joint covers and related flashings and trim are specified in Section 07710.

1. Manufactured roof specialties shall conform to the detail requirements of SMACNA "Architectural Sheet Metal Manual" and/or the NRCA "Roofing and Waterproofing Manual" as applicable.

3.EXECUTION

3.1. EXAMINATION
A. Do not begin installation until substrates have been properly prepared.

B. Verify that work penetrating the roof deck, or which may otherwise affect the roofing, has been properly completed.

C. If substrate preparation is the responsibility of another installer, notify Architect of unsatisfactory preparation before proceeding.

3.2. ROOF PREPARATION AND REPAIR
A. General: All necessary field and flashing repairs must be done according to good construction practices, including the removal of all wet insulation and defective materials as identified through a moisture detection survey such as an infrared scan and replacement with like-materials.

1. Remove damaged roof flashings from curbs and parapet walls down to the surface of the roof. Remove damaged existing flashings at roof drains and roof penetrations.

2. Existing roof surfaces shall be primed as necessary and allowed to dry prior to installing the roofing system.

B. Prepare surfaces using the methods recommended by the manufacturer for achieving the best result for the substrate under the project conditions.

C. Repair all defects such as deteriorated roof decks, saturated materials, loose or brittle membrane or membrane flashings, etc. Verify that existing conditions meet the following requirements:

1. Existing membrane is either fully adhered or that the membranes mechanical fasteners are secured and functional.

2. Application of roofing materials over a brittle, damaged or poor condition roof membrane is not permitted.

D. Remove all loose dirt and foreign debris from the roof surface. Do not damage roof membrane in cleaning process.

E. Clean and seal all parapet walls, gutters and coping caps, and repair any damaged metal where necessary. Seal watertight all fasteners, pipes, drains, vents, joints and penetrations where water could enter the building envelope.

F. Confirm local water run-off ordinances and restrictions prior to cleaning roof. Clean the entire 07563 - 6

roof surface by removing all dirt, algae, mold, moss, paint, oil, talc, rust or other foreign substance. Use a bio-degradable cleaner like Simple Green Oxy Solve when necessary and warm water. Scrub heavily soiled areas with a brush. Power wash roof thoroughly with an industrial surface cleaner equipped with one piece balanced spray rotating jets for streak free close contact cleaning. Rinse with fresh water to completely remove all residuals. Allow roof to dry thoroughly before continuing.

G. Repair existing roof membrane as necessary to provide a sound substrate for the liquid membrane. All surface defects must be repaired/renovated and be made watertight. Any repairs must be with be only with materials compatible with the fluid-applied roofing restoration system.

H. Power washing of metal roof surfaces to remove all loose rust or scale is mandatory before application. Use a high volume air broom or compressed air to remove residual dust rust perforations, etc. Deteriorated metal roof decks must be repaired or replaced prior to the application of the coating system.

3.3. INSTALLATION
A. General Installation Requirements:

1. Install in accordance with manufacturer's current Application and Installation Guidelines and the NRCA Roofing and Waterproofing Manual.

2. Adequate coating thickness is essential to performance. If the applicator is unfamiliar in gauging application rates, we suggest that a controllable area be measured and the specified material be applied. In all cases, all minimum specified material must be applied and proper minimum dry film thicknesses must be achieved. Care must be taken to ensure that all areas completed including all flashings, roof penetrations, etc. are coated sufficiently to ensure a watertight seal.

3. Cooperate with manufacturer, inspection and test agencies engaged or required to perform services in connection with installing the roof system.

4. Insurance/Code Compliance: Where required by code, install and test the roofing system to comply with governing regulation and specified insurance requirements.

5. Protect work from spillage of roofing materials and prevent materials from entering or clogging drains and conductors. Replace or restore adjacent work damaged by installation of the roofing system.

6. All primers must be top coated within 24 hours after application, preferably immediately after drying. Clean and re-prime if more time passes after priming.

7. Coordinate counter flashing, cap flashings, expansion joints and similar work with work specified in other Sections under Related Work.

8. Coordinate roof accessories and miscellaneous sheet metal accessory items, including piping vents and other devices with work specified in other Sections under Related Work.

B. Metal Surface Roof Restoration: Renovation work includes:

1. Surface Preparation: Remove loose flaking rust, dust, dirt, debris, secure all gaped panels and replace all loose fasteners with next size larger. a. Remove rust by the most rigorous method suitable for the particular project and as approved by Garland.
b. Tighten all fasteners and verify that neoprene washers are in place. c. Replace missing fasteners using oversize fasteners as necessary. d. Seal all fastener heads by applying a heavy dab of compatible sealant to the tops and around of all fastener heads.
e. Repair gaps, holes and joints in the metal roof with appropriate patching materials.
f. Completely remove existing seam coatings, mastics and sealants. g. Ensure skylights, scuppers, gutters, penetrations and structures are firmly secured, watertight and in good working condition.
h. Where necessary, install water deflecting crickets behind rooftop mechanical units.
07563 - 7

i. All roof areas must promote positive drainage.
j. Previously coated roofs with well-adhered polyurethane or polyurea coating surfacing must be solvent-wiped with acetone after cleaning to reactivate surface for overcoating.

2. Flashing: Repair/Replace metal flashings, pitch pockets, etc.

3. Primer:
a. Prime entire roof surface with Rust-Go Primer rust inhibitive primer at 1/4 gallon per 100 SF.

4. Reinforcement: Treatment of field seams and around penetrations:
a. Application of UniBond ST seam tape with Base Coat on metal panel end laps, flashings and around penetrations.

1. Verify that the surface to be coated is properly prepared.

2. Remove the clear release liner from the back in workable sections

3. Center 6 inch wide UniBond ST over the middle of the lap.

4. Use care to install the tape uniformly. Do not stretch or cause air pockets, wrinkles or fishmouths.

5. Apply pressure to tape starting at the center and work toward outside edge with a steel roller to activate the bonding process.

6. Inspect the tape to ensure that it is properly installed. Verify edges are tightly fixed to surface. If any discrepancies are present, repair before the coating is applied.

7. Saturate the tape with coating or baser as specified.

5. Coating: Ensure the fluid-applied coverage rates are obtained throughout the entire roof surface.
a. Material: Apply base coat in a uniform manner at 1.5 gallons per 100 SF over the entire roof surface. Allow to cure thoroughly, but no more than 72 hours.

Apply a top coating over base coat at 1.0 gallons per 100 SF. b. Use special attention to coating flashings and other critical areas to build adequate membrane thickness.
c. Use multiple coats on verticals or steep slopes to prevent sagging and to obtain the required total coverage rate.
d. Apply to Garland's minimum membrane thickness over the entire roof surface.

3.4. REPAIR OF EDGE TREATMENT AND ROOF PENETRATION FLASHING A. General

1. Repair flashing in accordance with the requirements/recommendations of the Membrane manufacturer and as indicated on the manufacturer's standard drawings.

Provide system with base flashing, edge flashing, penetration flashing, counter flashing, and all other flashings required for a complete watertight system.

2. Install and repair flashings concurrently with the roofing as the job progresses.

3. Terminate flashings as required by the membrane manufacturer.

B. Manufactured Roof Specialties: Manufactured copings, fascia, gravel stops, control joints, expansion joints, joint covers and related flashings and trim are provided as specified in Section 07710.

1. Manufactured roof specialties shall conform to the detail requirements of SMACNA "Architectural Sheet Metal Manual" and/or the National Roofing Contractor's Association "Roofing and Waterproofing Manual" as applicable.

3.5. CLEANING
A. Clean-up and remove daily from the site all wrappings, empty containers, paper, loose particles and other debris resulting from these operations.

B. Remove coating markings from finished surfaces.

C. Repair or replace defaced or disfigured finishes caused by Work of this section. 07563 - 8

3.6. PROTECTION
A. Provide traffic ways, erect barriers, fences, guards, rails, enclosures, chutes and the like to protect personnel, roofs and structures, vehicles and utilities.

B. Protect exposed surfaces of finished walls with tarps to prevent damage.

C. Plywood for traffic ways required for material movement over existing roofs shall be not less than 5/8 inch (16 mm) thick.

D. In addition to the plywood listed above, an underlayment of minimum 1/2 inch (13 mm) recover board is required on new roofing.

E. Special permission shall be obtained from the Manufacturer before any traffic shall be permitted over new roofing.

3.7. FIELD QUALITY CONTROL
A. Require attendance of roofing materials manufacturers' representatives at site during installation of the roofing system.

B. Perform field inspection and [and testing] as required under provisions of Section 01410.

C. Correct defects or irregularities discovered during field inspection.

3.8. FINAL INSPECTION
A. At completion of roofing installation and associated work, meet with Contractor, Architect, installer, installer of associated work, roofing system manufacturer's representative and others directly concerned with performance of roofing system.

B. Walk roof surface areas, inspect perimeter building edges as well as flashing of roof penetrations, walls, curbs and other equipment. Identify all items requiring correction or completion and furnish copy of list to each party in attendance.

C. If core cuts verify the presence of damp or wet materials, the installer shall be required to replace the damaged areas at his own expense.

D. Repair or replace deteriorated or defective work found at time above inspection as required to a produce an installation that is free of damage and deterioration at time of Substantial Completion and according to warranty requirements.

E. Notify Architect upon completion of corrections.

F. Following the final inspection, provide written notice of acceptance of the installation from the roofing system manufacturer.

3.9. SCHEDULES
A. Primers:

1. Rust-Go Metal Primer:
a. Flash Point: 40 degrees F (4.4 degrees C) min
b. Solids by Weight: 69.9% plus/minus 2.0%
c. Solids by Volume: 52.5% plus/minus 2.0%
d. Viscosity @ 77 degrees F (25 degrees C):70 plus/minus 5 KU B. Reinforcement:

1. UniBond ST: Fatigue resistant, polyester-faced adhesive tape. a. Tensile Strength 4500 psi.
b. Elongation, 500%
07563 - 9

c. Low Temperature Flexibility, -70 degrees F (-56.6 degrees C). d. Service Temperature, -30 to 200 degrees F (-34.4 to 93.3 degrees C). e. Permeance ASTM 96b, .001 perms.
f. Adhesion Greater than 20 ibs./in.

C. Coatings:

1. Coating: Cool-Sil HB Gray Silicone Coating (Roller Grade): Single-component 100 % silicone, liquid waterproofing membrane.
a. Tensile Strength: ASTM D 412, 350 psi
b. Elongation: ASTM D 412, 174%
c. Flash Point: ASTM D 93, 141 degrees F min. (60.6 degrees C) d. Solids Content: ASTM D 2369, Typical 95%
e. VOC: < 50 g/l

2. Coating: Cool-Sil HB White Silicone Coating (Roller Grade): Highly reflective, multi - purpose, single-component 100% silicone, liquid waterproofing membrane. a. Tensile Strength: ASTM D 412, 350 psi
b. Elongation: ASTM D 412, 174%
c. Flash Point: ASTM D 93, 141 degrees F min. (60.6 degrees C) d. Solids Content: ASTM D 2369, Typical 95%
e. VOC: < 50 g/l
f. Reflectance: 0.89
g. Emittance: 0.90
h. SRI: 113
D. Sealant.

1. Sealant: All-Sil: Low modulus, high extension/compression and excellent adhesion to most building materials s,
a. Tensile Strength: ASTM D 412, 130 psi
b. Elongation: ASTM D 412, 275%
c. Solids Content: ASTM D 2369, Typical 95%
d. VOC: < 50 g/l

END OF SECTION
07563 - 10

GOVERNING BOARD MEETING SUMMARY
January 18, 2024
Directors Present: Chair Josh Pedrozo, Vice Chair Paul Llanez (virtual), April Hogue, Matt Serratto, Lloyd Pareira, Pat Nagy, Mike Nelson, Rodrigo Espinosa, Daron McDaniel, Gurpal Samra
Directors Absent: Scott Silveira
The MCAG Governing Board:
• Adopted the 2023 Measure V Implementation Plan update which includes more than $71 million in project programming on the east side and $40 million in project programming on the west side through 2027/28.
• Adopted the Measure V West Side Regional Project Funding Agreement with Dos Palos for the Lorraine Street bridge replacement project.
• Adopted by resolution the determination that there are no unmet transit needs that are reasonable to meet for FY 2024-25.
• Appointed Mathew Lee Michael as the Real Estate representative to the Citizen Advisory Board • Approved the FY 2024-25 Overall Work Program transportation planning priorities. • Approved a resolution to authorize the Transportation Development Act Apportionments for FY 2023-24 which included apportioning $2 million in unobligated Local Transportation Funds to jurisdictions for local streets and roads:

• Accepted the FY 2022/23 Measure V audit with three findings: one jurisdiction did not provide proper supporting documentation for expenditures; one improperly classified expenditures; and several agencies did not submit quarterly expenditure reports on time. • Appointed Directors to committees, councils, and commissions for calendar year 2024:

1. San Joaquin Valley Regional Policy Council
• Council Member: Daron McDaniel
• Council Member: Pat Nagy
• Alternate: Scott Silveira

2. CalVans
• Board Member: Gurpal Samra
• Alternate: Pat Nagy

3. CALCOG
• Board Member: Josh Pedrozo
• Alternate: April Hogue

4. San Joaquin Joint Powers Authority
• Board Member: Rodrigo Espinoza
• Alternate: Josh Pedrozo
• Authorized the temporary use of $5,500,000 Measure V Transit funds to complete the purchase of nine YARTS buses. Repayment of funds will be specified in an agreement between MCAG and YARTS and term will not exceed 90 days.

The TJPA Governing Board:
• Authorized a five-year contract with Syncromatics in an amount not to exceed $314,000 and an annual cost not to exceed $62,800. Syncromatics is a software-based intelligent public transport

system that streamlines dispatch operations with computer-aided and automatic vehicle location (CAD and AVL) software.
• Directed staff to begin the process of acquiring property for the SB 125 Projects which include TJPA facilities on both the west and east sides of the county. o Westside Operations and Maintenance Facility (The Bus) $8 million of SB 125 funding is dedicated to developing an operations and maintenance facility on the west side of Merced County. This facility will provide a location to store, fuel/charge and maintain fleet vehicles at a location closer to/in the Los Banos area which will reduce unnecessary vehicle miles traveled (VMT) and wear and tear on the buses. This facility will also provide the necessary infrastructure to transition our west side services to zero-emission.

Facility Expansion for Zero-Emission Infrastructure (The Bus) SB 125 provides $13 million for investment in zero-emission infrastructure for The Bus.

The 5-acre operations and maintenance facility on Wardrobe will not be large enough to house the existing maintenance, operations, fueling, wash and storage facilities for the growing fleet in addition to the significant facilities required for the conversion to zeroemission. Conceptually, TJPA could purchase nearby property for bus storage in order to free up space at the existing facility for charging and hydrogen fueling. For example, one of the vacant lots across the street from the facility could be a convenient expansion opportunity that could potentially meet the needs of both The Bus and YARTS.

Operations and Maintenance Facility (YARTS)
$2 million of SB 125 funding is dedicated as seed funding for the development of an operations and maintenance facility in the Merced area for YARTS. Currently, YARTS does not own a facility and is dependent on a shared use agreement with The Bus. This shared facility is detrimental to a competitive procurement process for the Operations and Maintenance contract.

OTHER NOTABLE ITEMS
• Caltrans District 10 Update: Mark Samuelson is the acting Deputy Director for Planning, and Eric Mather is the acting District 10 Director.
• James Moore, Regional Waste Authority Director, reminded the Directors of the upcoming tip fee increase the Board approved last year to begin July 1, 2024. Additional information will be distributed to the jurisdictions to aid in the develop of FY 2024/25 budgets.