Campbell City Council
January 22, 2024

City Council Agenda
City of Campbell, 70 N. First St., Campbell, California

NOTE: This City Council Regular meeting will be conducted in person as well as telecommunication and is compliant with provisions of the Brown Act.

The City Council meeting will be live -streamed on Channel 26 or Channel 88, the City's website and on YouTube https://www.youtube.com/user/CityofCampbell for those who only wish to view the meeting.

Those members of the public wishing to provide public comment virtually are asked to register in advance at: https://www.campbellca.gov/signup . After registering, you will receive a confirmation email containing information about joining the meeting. Members of the public may attend the meeting in person at Campbell City Hall - Council Chambers.

Public comment will also be accepted via email at [email protected] prior to the start of the meeting. Written comments will be posted on the website and distributed to the Council. If you choose to email your comments, please indicate in the subject line “FOR PUBLIC COMMENT” and indicate the item number.

REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Monday, January 22, 2024 – 7:30 p.m.

City Hall Council Chamber – 70 N. First Street

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

SPECIAL PRESENTATIONS AND PROCLAMATIONS

COMMUNICATIONS AND PETITIONS

ORAL REQUESTS
NOTE: This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda. Persons wishing to address the Council are requested, but not required to complete a Speaker’s Card. Speakers are limited to two (2) minutes. The law generally prohibits the Council from discussion or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Requests.

COUNCIL ANNOUNCEMENTS

CONSENT CALENDAR
NOTE: All matters listed under consent calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of City Council, City staff, or a member of the public.

Any person wishing to speak on any item on the consent calendar should ask to have the item

removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears.

1. Minutes of City Council Regular Meeting of December 19, 2023 Recommended Action: Approve the regular meeting minutes of December 19, 2023.

2. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $4,317,292.68

3. Monthly Investment Transactions Report (December 2023) Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for December 2023.

4. Monthly Treasurer's Report (November 2023)
Recommended Action: That the City Council review and accept the Monthly Treasurer’s Report for the month ended November 30, 2023.

5. Approval of Appointments to the Bicy cle and Pedestrian Advisory Committee (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution appointing Rene Carballo and Frank Nilsen to the Bicycle and Pedestrian Advisory Committee (BPAC) for a term expiring August, 2028.

6. Resolution Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center and Authorizing Subsequent Repairs Per the Executed Contract Services Agreement with Burr Plumbing and in Accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution: 1) accepting updates on the progress of remaining emergency gas line repairs at the Campbell Community Center; and 2) authorizing subsequent repairs per the executed contract services agreement with Burr Plumbing and in accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 which allow for the dispensation of formal bidding procedures when public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property in the event of an emergency, and require the governing body to review the associated emergency action at every regularly scheduled meeting thereafter, until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action.

7. Accept the Community Center Transformer Replacement Project 23-AA and File Notice of Completion (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution accepting the Community Center Transformer Replacement Project No. 23- AA and directing the Public Works Director or designee to file the Notice of Completion.

8. Resolution Authorizing the Solicitation of Bids for the Building M Roof Replacement Project (CIP No. 24-SS) and Approving the Subsequent Award of Contract to the Lowest, Responsive Bidder, in an Amount Not to Exceed $300,000, Plus a 20% Construction Contingency of $60,000; and

Authorizing the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section 3.20.100, and the Public Works Director to Execute Contract Change Orders Up to and Within the Allocated Construction Contingency Amount (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution: 1) approving the plans and specifications, and authorizing the solicitation of bids, for the Building M Roof Replacement project (No. 24- SS); 2) approving the subsequent award of contract to the lowest, responsive bidder, in an amount not to exceed $300,000, plus a 20% construction contingency of $60,000; 3) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section

3.20.100; and 4) authorizing the Public Works Director to negotiate and execute contract change orders up to and within the allocated construction contingency amount.

9. Authorization to Extend Agreement for Campbell Safe Routes to School Maps Project (CIP No. 22-OO) (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution approving an amendment to the consultant services agreement with Alta Planning + Design, Inc. for the Campbell Safe Routes to School Maps Project in an amount not to exceed $86,000 and authorizing the City Manager to execute said amendment.

10. Authorization to Execute Funding Agreement and Approve Budget Adjustment for the Hamilton Avenue/Highway 17 Bicycle Overcrossing Planning Study (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution 1) approving a funding agreement and authorizing the City Manager to execute said agreement with the Santa Clara Valley Transportation Authority for the Hamilton Avenue/Highway 17 Bicycle Overcrossing Planning Study and 2) authorizing the Finance Director to execute a budget adjustment to provide funding for the project.

PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
NOTE: Members of the public may be allotted up to two (2) minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of five (5) minutes for opening statements and up to a total of three (3) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.

11. Public Hearing to Consider Adoption of a Resolution Directing the Community Development Director to Proceed with Abatement of Hazardous Vegetation (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution directing the Community Development Director to proceed with the abatement of hazardous vegetation by the Santa Clara County Consumer and Environmental Protection Agency.

12. Public Hearing to Consider the Request of Taeho Um & Associates on Behalf of Michele M. Babb for a Zoning Exception to Allow the Construction of Approximately 323 Square Foot Single -Car Garage with a Reduced Setback to the Public Right Way (Alley), on Property Located at 20 Alice Avenue, Commonly Known as the Mary Fablinger House, Within the Alice

Avenue Historic District and in the R -1-6-H (Single -Family Residential/Historic Overlay Combining Zoning District). File No.: PLN - 2023-127. (Resolution/Roll Call Vote)
Recommended Action: The Historic Preservation Board recommends that the City Council ad opt a Resolution approving a Zoning Exception to allow the construction of approximately 323 square foot single- car garage with a reduced setback to the public right way (alley).

13. Public Hearing to Consider the Request of Sachneel Patel on Behalf of 44 Sunnyside LLC for a 6-Lot Detached Single-Family Residential Subdivision, and Removal of Two 'Protected' Trees, on Property Located at 44 and 56 Sunnyside Avenue. the Applications Under Consideration Include a Planned Development Permit, Tentative Subdivision Map, and Tree Removal Permit, Submitted Under an SB -330 Preliminary Application Filed in Compliance with Government Code § 65941.1. File No.: PLN -2023-135. (Ordinance/Resolution/Roll Call Vote)
Recommended Action: The Planning Commission recommends that the City Council take the following actions: (1) Introduce an ordinance approving a Planned Development Permit) and (2) Adopt a resolution approving a Tentative Vesting Subdivision Map and a Tree Removal Permit.

14. Public Hearing to Consider the Request of Salvatore Caruso to Allow Construction of a Stacked Two- Level, 1,940 Square -Foot Duplex on an Existing Residential Property Developed with a Detached Single -Family Home to Remain, Located at 105 Kennedy Avenue, Including Vacation and Abandonment of an Existing Public Sidewalk Easement, and Reconstruction of Existing 6 -Foot Fence. the Application Under Consideration is a Planned Development Permit Submitted Under an SB - 330 Pre-Application Filed in Compliance with Government Code § 65941.1.

File No.: PLN-2023-119. (Resolution/Roll Call Vote)
Recommended Action: The Planning Commission recommends that the City Council adopt a resolution approving a Planned Development Permit.

15. Introduction of Ordinance Amending Start Time for Regular City Council Meetings (Ordinance/Roll Call Vote)
Recommended Action: That the City Council introduce and hold first reading of an Ordinance amending Section 2.04.020 of the Campbell Municipal Code to revise the start time for regular City Council meetings.

NEW BUSINESS

UNFINISHED BUSINESS

COUNCIL COMMITTEE REPORTS

16. Designation of City Representative for County of Santa Clara Housing and Community Development Advisory Committee (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution designating a city representative and an alternate member for the County of Santa Clara Housing and Community Development Advisory Committee.

17. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.

ADJOURN
IMPORTANT NOTICE: Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of City Clerk’s Office, 70 N. First Street, Campbell, CA 95008, during normal business hours. These materials will also be available on the City website at https://www.ci.campbell.ca.us/agendacenter with the agenda packet following the last item of the agenda, subject to staff’s ability to post the documents prior to the meeting. All documents not posted prior to the meeting will be posted the next business day.

In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the City Council Chambers. If you require accommodation, please contact the City Clerk’s Office, (408) 866-2117, at least one week in advance of the meeting.

CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California

REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, December 19, 2023 7:30 p.m.

City Hall Council Chamber – 70 N. First Street

This City Council meeting was duly noticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).

This meeting was recorded and can be viewed in its entirety at www.campbellca.gov/agendacenter.

CALL TO ORDER
The City Council of the City of Campbell convened this day in the regular meeting place, the City Hall Council Chamber, 70 N. First St., Campbell, California.

ROLL CALL

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Kelly Bybee.

SPECIAL PRESENTATIONS AND PROCLAMATIONS
There were no special presentations or proclamations.

COMMUNICATIONS AND PETITIONS
There were no communications or petitions.

ORAL REQUESTS

Ken Johnson, Executive Director of the Campbell Chamber of Commerce, reported on the 39th Annual Campbell Toy Program.

COUNCIL ANNOUNCEMENTS
Attendee Name Title Status
Anne Bybee Mayor Present
Susan M. Landry Vice Mayor Present
Dan Furtado Councilmember Present
Sergio Lopez Councilmember Present
Elliot Scozzola Councilmember Present
1 Packet Pg. 4
Minutes Acceptance: Minutes of Dec 19, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of December 19, 2023 City Council Meeting Page 2 The City Clerk’s office is accepting applications for the Civic Improvement Commission.

To find out more about this Committee, or to apply, please contact the City Clerk’s office at (408) 866-2117 or visit the city’s website at campbellca.gov.

Visit the Ainsley House this holiday season. There will be a second open house event on Thursday, December 21 from 5:30 pm to 8:00 pm. For additional information please visit campbellmuseums.com.

The “Campbell Community Toy Program” is in need of toys, books, soccer balls and games. Toy collection bins have been placed at various locations including Campbell City Hall, Police Department, Community Center, and the Fire Stations located on Union and Sunnyoaks. For additional information about this program, please visit campbeltoyprogram.com.

The City of Campbell is committed to supporting its citizens by strengthening its neighborhoods. The City offers grant funding to help neighborhoods build a sense of community through its Neighborhood Association Assistance Grant program.

Applications to apply will open January 12, 2024. Neighborhood Associations within the City of Campbell are encouraged to apply. For more information, please visit the city’s website at campbellca.gov.

Tis the season for potential thefts and holiday crimes. Please do not leave packages or valuables on the seat of your car, always lock it in the trunk. Keep all car doors locked and windows closed and set your alarm. If shopping at night, remember to park in a well-lit area. Please be sure to report suspicious activity to the Campbell Police Department at (408) 866-2101 or if you encounter an emergency, please call 911.

City Hall offices will be closed for business beginning 12:00 pm on Friday, December 22 through Monday, January 1. Police and emergency services will remain open.

CONSENT CALENDAR

Mayor Bybee asked if anyone wished to remove an item from the Consent Calendar.

The Consent Calendar was considered as follows:

1. Minutes of City Council Study Session Meeting of November 21, 2023 Recommended Action: Approve the study session meeting minutes of November 21, 2023.

This action approves the study session meeting minutes of November 21, 2023 including the desk item.

2. Minutes of City Council Executive Session Meeting of December 5, 2023 Recommended Action: Approve the executive session meeting minutes of December 5, 2023.

This action approves the executive session meeting minutes of December 5, 2023.

3. Minutes of City Council Study Session Meeting of December 5, 2023 1 Packet Pg. 5
Minutes Acceptance: Minutes of Dec 19, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of December 19, 2023 City Council Meeting Page 3 Recommended Action: Approve the study session meeting minutes of December 5, 2023.

This action approves the study session meeting minutes of December 5, 2023.

4. Minutes of City Council Regular Meeting of December 5, 2023 Recommended Action: Approve the regular meeting minutes of December 5, 2023.

This action approves the regular meeting minutes of December 5, 2023, including the desk item.

5. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $903,574.50.

This action approves the bills and claims in the amount of $903,574.50, as follows: bills and claims checks dated November 20, 2023, in the amount of $428,629.31; payroll checks dated November 23, 2023, in the amount of $33,138.71; and bills and claims checks dated November 27, 2023, in the amount of $441,806.48.

6. Monthly Investment Transactions Report (November 2023) Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for November 2023.

This action reviews and accepts the Monthly Investment Transactions Report for November 2023.

7. Accept the Resignation of Gary Coluccio from the Civic Improvement Commission
Recommended Action: That the City Council accept the resignation of Gary Coluccio from the Civic Improvement Commission and direct the City Clerk to advertise the vacancy and prepare the Notice of Unscheduled Vacancy.

This action accepts the resignation of Gary Coluccio from the Civic Improvement Commission and directs the City Clerk to advertise the vacancy and prepare the Notice of Unscheduled Vacancy.

8. Resolution Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center and Authorizing Subsequent Repairs Per the Executed Contract Services Agreement with Burr Plumbing and in Accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050
Recommended Action: That the City Council adopt a resolution: 1) accepting updates on the progress of remaining emergency gas line repairs at the Campbell Community Center; and 2) authorizing subsequent repairs per the executed contract services agreement with Burr Plumbing and in accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 which allow for the dispensation of formal bidding procedures when public interest and necessity demand the immediate expenditure of public mone y to safeguard life, health, or property in the event of an emergency, and require the 1 Packet Pg. 6
Minutes Acceptance: Minutes of Dec 19, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of December 19, 2023 City Council Meeting Page 4 governing body to review the associated emergency action at every regularly scheduled meeting thereafter, until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action.

Resolution 13094 accepts updates on the progress of remaining emergency gas line repairs at the Campbell Community Center; and authorizes subsequent repairs per the executed contract services agreement with Burr Plumbing and in accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050.

9. Approval of a Grant Agreement with Silicon Valley Clean Energy for the Community Resilience Program and Reallocate the $197,972 in Associated Grant Funds to Purchase an Electric Vehicle and Solar Powered Mobile EV Charging Station for the Campbell Service Center and for the Finance Director to Prepare Associated Budget Adjustments
Recommended Action: That the City Council adopt a resolution: 1) approving a grant agreement with Silicon Valley Clean Energy in the amount of $197,972; 2) authorizing the City Manager to execute the grant agreement in accordance with Campbell Municipal Code Section 3.20.100; 3) authorizing the reallocation of the $197,972 in associated grant funds to purchase a Ford F -150 Lightning Pro Electric Truck and a solar powered mobile EV charging station for the City’s Service Center; 4) authorizing staff the to d ispense with its formal bidding procedures as specified in the exemptions of Campbell Municipal Code (CMC) Section 3.20.030(6), and purchasing policies of 3.20.070, which allow the City to procure goods and services through its membership with Sourcewell (a Cooperative Purchasing Firm) and its use of the California e -Procurement Statewide Contract and Leveraged Procurement Agreements; and 5) authorizing the Finance Director to Prepare Associated Budget Adjustments Resolution 13095 1) approves a grant agreement with Silicon Valley Clean Energy in the amount of $197,972; 2) authorizes the City Manager to execute the grant agreement in accordance with Campbell Municipal Code Section 3.20.100; 3) authorizes the reallocation of the $197,972 in associated grant funds to purchase a Ford F -150 Lightning Pro Electric Truck and a solar powered mobile EV charging station for the City’s Service Center; 4) authorizes staff to dispense with its formal bidding procedures as specifi ed in the exemptions of Campbell Municipal Code (CMC) Section 3.20.030(6), and purchasing policies of 3.20.070, which allow the City to procure goods and services through its membership with Sourcewell (a Cooperative Purchasing Firm) and its use of the California e - Procurement Statewide Contract and Leveraged Procurement Agreements; and 5) authorizes the Finance Director to Prepare Associated Budget Adjustments.

M/S: Furtado/Landry – That the City Council approve the consent calendar including the Desk Items for items 1 and 4. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Landry
1 Packet Pg. 7
Minutes Acceptance: Minutes of Dec 19, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of December 19, 2023 City Council Meeting Page 5 AYES: Bybee, Landry, Furtado, Lopez, Scozzola

PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES

There were no public hearings or introductions of ordinances.

COUNCIL COMMITTEE REPORTS

10. Approve Appointments to the Historic Preservation Board Recommended Action: It is recommended that the City Council approve the recommendation of the Advisory Commissioner Appointment Interview Subcommittee regarding appointments to the Historic Preservation Board for one full term, expiring October 2027, and one short term, expiring, October 2025.

The Advisory Commissioner Appointment Interview Subcommittee (Vice Mayor Landry and Councilmember Furtado) reported out on the Historic Preservation Board interviews and made their recommendations to appoint Bill Zhang and Todd Walter.

After council questions, Mayor Bybee asked if anyone from the public wanted to speak. There were no public speakers.

M/S: Furtado/Landry – That City Council reappoint Todd Walter to the Historic Preservation Board for one full four -year term expiring October 2027 and appoint Bill Zhang for one short term expiring October 2025. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Landry
AYES: Bybee, Landry, Furtado, Lopez, Scozzola

NEW BUSINESS

11. City Council Reorganization
Recommended Action: That the City Council reorganize and appoint a Mayor and Vice Mayor for the 2024 calendar year.

Vice Mayor Landry presented a plaque to Mayor Bybee in recognition of her service as Mayor for the 2023 calendar year and expressed her gratitude for Mayor Bybee’s leadership throughout the year.

Mayor Bybee made outgoing comments and noted significant milestones, including completion of the general plan, approval of the housing element, adoption of the zoning element and development of design standards.

Additionally, Mayor Bybee referenced her involvement in priority -based budgeting, as well as current projects underway such as the climate action plan, economic development plan and hiring key positions to support our affordable housing initiatives and increasing technology to support public safety needs. She 1 Packet Pg. 8
Minutes Acceptance: Minutes of Dec 19, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of December 19, 2023 City Council Meeting Page 6 reported that progress has begun on the Measur e O projects, referencing the groundbreaking on November 11 th, 2023 for the library building and approving a contract for the Police building, with groundbreaking scheduled in January, 2024.

Mayor Bybee expressed appreciation for the council’s efforts and teamwork to accomplish so much during the year. She thanked the executive team, executive assistant to City Manager Loventhal, City Clerk support staff, for the behind the scenes support of the council as well as all the department staff who contribute to a great city. Lastly, Mayor Bybee expressed gratitude for the support of her family over this year.

Vice Mayor Landry thanked Mayor Bybee for her leadership and looks forward to continuing the next year together.

Councilmember Furtado expressed his thanks and congratulated Mayor Bybee on her successful year as mayor. He noted her many years in service to Campbell, from her work as the City Clerk to her election to the City Council and thanked her for the leadership she presented through a busy and challenging year.

Councilmember Lopez conveyed his gratitude for Mayor Bybee’s “steady hand”, contributing to keeping a calm and steady atmosphere throughout the year.

Councilmember Scozzola spoke about his appreciation for Mayor Bybee’s accomplishments over this past year, his first year on City Council.

Mayor Bybee asked if anyone from the public wanted to speak. There were no public speakers.

Mayor Bybee called for the nomination of Mayor.

M/S: Scozzola/Lopez - To nominate Vice Mayor Landry to serve as Mayor.

The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Scozzola
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
Councilmember Bybee yielded the gavel to Mayor Landry.

Mayor Landry thanked friends and family for their support and expressed that she is looking forward to the next year.

Mayor Landry called for the nomination of Vice Mayor.

M/S: Scozzola/Furtado - To nominate Councilmember Lopez to serve as Vice Mayor. The motion was adopted by the following roll call vote:

RESULT: ADOPTED [UNANIMOUS]
MOVER: Scozzola
1 Packet Pg. 9
Minutes Acceptance: Minutes of Dec 19, 2023 7:30 PM (CONSENT CALENDAR)

Minutes of December 19, 2023 City Council Meeting Page 7 SECONDER: Furtado
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
Councilmember Lopez thanked his family for their support and looks forward to being a great team with Mayor Landry.

Mayor Landry asked if anyone from the public wanted to speak. There were no public speakers.

ADJOURN
Mayor Landry adjourned the meeting at 7:53 PM
APPROVED:

ATTEST:

Susan M. Landry, Mayor

Kristen Epolite, Deputy City Clerk

1 Packet Pg. 10
Minutes Acceptance: Minutes of Dec 19, 2023 7:30 PM (CONSENT CALENDAR) City
Council
Report
TITLE: Approving Bills and Claims

RECOMMENDED ACTION
Approve the bills and claims in the amount of $4,317,292.68

DISCUSSION
The bills and claims that have been audited and approved by staff for payments made as noted below:

Type Check Date Amount
Bills & Claims December 04, 2023 $266,096.18
Payroll December 07, 2023 $72,814.78
Bills & Claims December 11, 2023 $398,496.04
Bills & Claims December 18, 2023 $2,022,438.11
Payroll December 21, 2023 $34,442.17
Bills & Claims December 25, 2023 $1,449,306.64
Payroll January 04, 2024 $73,698.76
Total $4,317,292.68

FISCAL IMPACT
Requested action does not require a budget adjustment. Adequate funding was available to cover all expenses as listed.

Prepared by:

Celia Deniz, Accounting Clerk II
Reviewed by:

Item: 2
Category: CONSENT CALENDAR
Meeting Date: January 22, 2024
2 Packet Pg. 11
Norite Vong, Finance Manager
Approving Bills and Claims Page 2 of 2
Approved by:

Brian Loventhal, City Manager
2 Packet Pg. 12
City
Council
Report
TITLE: Monthly Investment Transactions Report (December 2023)

RECOMMENDED ACTION
That the City Council review and accept the Monthly Investment Transactions Report for December 2023.

BACKGROUND
As required by California Government Code (GC) Section 53607, staff will submit to the City Council Monthly Investment Transaction Reports within 45 days of the prior month end that show a listing of investments purchased, sold, called, or that have reached maturity, along with any Local Agency Investment Fund ( LAIF) transfers. This is in addition to the Quarterly Investment Report, which shows a number of other items listed under Section VII.A of the City’s Investment Policy and is also submitted to the City Council within 45 days from the end of the prior quarter.

DISCUSSION
This Monthly Investment Transaction Report covers December 2023. As shown in Attachment A, staff made $4.9 million in deposits along with a $0.7 million withdrawal with the City’s Local Agency Investment Fund (LAIF) to manage operating expenditures.

The monthly LAIF investment rate rose to 3.929%. $19,000 was withdrawn from the MEAS O 2020 LAIF bond proceeds account to cover November’s project expenditures.

A $1.0 million 30-day CD matured, earning $4,000 interest and was rolled over to a new 30-day CD earning 4.970%. Also, from the City’s BNY account, a $2.0 million security (FFCB), earning 3.49%, matured. $99,000 in investment interest from the BNY account and $8,000 in CD interest from the City’s BMO account was deposited into the City’s Wells Fargo cash account . Consistent with the recommended FY 2023-24 Investment Strategy approved by the City Council on September 5, 2023 staff continues to watch for moderately long-term investment opportunities outside of LAIF , as interest rates remain high to provide the highest yet still safe return s, consistent with the City’s Investment Policy. Please note that all investment purchases made adhere to the City’s Investment Policy.

FISCAL IMPACT
Item: 3
Category: CONSENT CALENDAR
Meeting Date: January 22, 2024
3 Packet Pg. 13
Monthly Investment Transactions Report (December 2023) Page 2 of 2 There is no fiscal impact associated with the review and acceptance of the Monthly Investment Transactions Report.

Prepared by:

John Formale, Accountant
Reviewed by:

Will Fuentes, Finance Director
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Monthly Investment Activity Report-12.31.23
3 Packet Pg. 14

CITY OF CAMPBELL
Monthly Investment Transactions Report
December 1 to December 31, 2023
Account Trans. Date Dec 2023
LAIF - ******133, Main account
Average Monthly Yield 3.929%
Beginning Balance 15,464,555$
Transactions
Deposit 12/05/2023 1,600,000
Deposit 12/18/2023 1,200,000
Withdrawal 12/20/2023 (700,000)
Deposit 12/29/2023 2,100,000
Monthly Total 4,200,000
Ending Balance 19,664,555$
Account Trans. Date Dec 2023
LAIF - ******031, MEAS O, Series 2020
Average Monthly Yield 3.929%
Beginning Balance 16,065,000
Transactions
Monthly Total -
Ending Balance 16,065,000$
Account Trans. Date Dec 2023
LAIF - ******032, MEAS O, Series 2022
Average Monthly Yield 3.929%
Beginning Balance 31,455,000
Transactions
Principal drawdown- MEAS O November expenditures (19,000) Monthly Total (19,000)
Ending Balance 31,436,000$
Account*** Trans. Date Dec 2023
Bank of Montreal (BMO) Certificates of Deposit******369 1,004,126 Transactions
CD maturity, 4.859%, 1 month (1,000,000)
CD rollover, 4.970%, 1 month 1,000,000
CD interest earned, 1 month 4,018
Interest remitted to Wells Fargo cash account (8,144)
Monthly Total (4,126)
Ending Balance 1,000,000$
Account*** Trans. Date Dec 2023
Bank of New York (BNY) - ******818
Beginning Balance 26,999,860$
-
Transactions
Invest. Maturity - FFCB (3.49% Yield; 1.00 Yr) (2,000,000) Monthly Total (2,000,000)
Ending Balance 24,999,860$
Dec 2023
****BNY Investment interest received and posted to Wells Fargo cash account 99,025$ ***BOM CD Investment interest received and posted to Wells Fargo cash account 8,144$ 107,169$

3.a
Packet Pg. 15
Attachment: Monthly Investment Activity Report-12.31.23 (Monthly Investment Transactions Report (December 2023)) City
Council
Report
TITLE: Monthly Treasurer's Report (November 2023)

RECOMMENDED ACTION
That the City Council review and accept the Monthly Treasurer’s Report for the month ended November 30, 2023.

BACKGROUND
California government code section 41004 requires that the City Treasurer submits to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The City of Campbell’s Finance Director has the responsibility of City Treasurer. This report is prepared to fulfill this requirement.

This report provides financial transaction data for the City of Campbell’s Funds collectively, including the City’s General (Operating) Fund.

DISCUSSION
This Monthly Treasurer’s Report details and summarizes receipts, disbursements, and fund balances for the month ended November 30, 2023. As shown in Attachment A, the City recognized $5.4 million in revenues and incurred $ 4.7 million in expenditures in total, for all City funds. The City’s overall ending fund balance for November 2023 is $89.6 million, an increase of $470,000 from the prior month.

For the month of November 2023, the City’s General Fund recognized $ 4.6 million in revenues and incurred $ 3.6 million in expenditures. Of the revenues received, $1.9 million and $1.3 million are attributed to property tax and sales tax, respectively . The City’s ending General Fund balance for November 2023 is $15.2 million, an increase of $975,500 from the prior month.

FISCAL IMPACT
There is no fiscal impact associated with the review and acceptance of the Monthly Treasurer’s Report.

Item: 4
Category: CONSENT CALENDAR
Meeting Date: January 22, 2024
4 Packet Pg. 16
Monthly Treasurer's Report (November 2023) Page 2 of 2
Prepared by:

Carolina Vargas, Accountant
Approved by:

Brian Loventhal, City Manager
Attachment:
a. 2023.11 Fund Balance Report
4 Packet Pg. 17
City of Campbell
Changes in Total Fund Balance
For the month ended November 30, 2023
Beginning Fund
Balance
07/01/2023
Increase/
(Decrease)
Jul- Oct
Current
Revenue
Current
Expenditure
Transfer
In
Transfer
Out
Fund Balance
as of
11/30/2023
General Fund
Restricted Fund Balance - - - - - - -
-
Committed Fund Balance -
General Plan Update 44,208.57 - - - - - 44,208.57
Compensated Absences 961,449.00 - - - - - 961,449.00 Liability insurance 136,473.00 - - - - - 136,473.00 Available Capital Improvement Reserve 30,109.00 - - - - - 30,109.00 Committed Capital Improvement Reserve 1,569,671.00 - - - - - 1,569,671.00 Community Center Facility 111,698.58 - - - - - 111,698.58 Heritage Theater 233,381.77 - - - - - 233,381.77 Historic Preservation 5,000.00 - - - - - 5,000.00
-
Assigned Fund Balance -
Capital Projects (Construction Tax) 325,256.00 - - - - - 325,256.00 Unemployment insurance 90,000.00 - - - - - 90,000.00
PERS 2,252,000.00 - - - - - 2,252,000.00
OPEB 370,102.00 - - - - - 370,102.00
Encumbrances 976,257.58 - - - - - 976,257.58
-
Unassigned Fund Balance -
Unassigned 1,512,136.02 (7,841,459.74) 4,596,590.40 (3,621,127.93) 771,853.00 (839,000.00) (5,421,008.25) City Council Reserve 362,624.00 - - - - - 362,624.00 Economic fluctuations 9,955,452.00 - - - - - 9,955,452.00 Emergency 3,207,453.65 - - - - - 3,207,453.65
101 General Fund Total 22,143,272.17 (7,841,459.74) 4,596,590.40 (3,621,127.93) 771,853.00 (839,000.00) 15,210,127.90 Special Revenue
202 Vehicle Impact 2,892,018.00 285,345.53 52,113.66 - - - 3,229,477.19 204 Gas Tax 1,288,502.53 (93.35) 100,011.77 (133,839.61) 176,375.00 - 1,430,956.34 205 Asset Forfeiture 107,753.48 3,553.35 16.64 - - - 111,323.47 207 Lighting & Landscape District 1,470,464.28 (1,183,374.54) 243,229.94 (334,393.62) 249,750.00 - 445,676.06 208 Housing & Community Development 345.85 - - - - - 345.85 209 Environmental Services 436,521.89 328,743.00 80,750.93 (38,208.46) 46,750.00 - 854,557.36 210 Supplemental Law Enforcement 180,648.36 48,381.68 8,333.33 (10,867.57) - - 226,495.80 212 State & Other Grants (1,519,732.25) 332,565.71 - - - - (1,187,166.54) 216 TDA Grant 351,238.48 7,946.94 - - - - 359,185.42 218 Federal Grants 128,344.97 755,993.44 - - - - 884,338.41 221 ARPA Fund 40,718.35 143,507.76 - - - (786,274.00) (602,047.89) 233 Housing Assistance 8,495,688.04 69,490.84 - (30,038.98) 52,646.00 - 8,587,785.90 234 Community Restitution Fund 97,234.82 10,536.65 - - - - 107,771.47 236 Community Facilities District #1 897.63 (1,660.82) - - - (35,750.00) (36,513.19) 237 Community Facilities District #2 201,961.13 (9,735.91) - (1,597.03) - (3,000.00) 187,628.19 295 Parkland Dedication 3,432,944.83 495,108.16 - - - - 3,928,052.99 795 Recreation - Private Grants 6,022.19 115.40 - - - - 6,137.59 797 Adult Center 16,683.86 318.43 - - - - 17,002.29
Special Revenue Fund Total 17,628,256.44 1,286,742.27 484,456.27 (548,945.27) 525,521.00 (825,024.00) 18,551,006.71 Debt Service
348 Measure O 4,123,176.64 (3,314,602.07) 1,128.83 - - - 809,703.40 367 LID #30 32,333.61 617.28 - - - - 32,950.89
370 2016 Refunding Lease Revenue Bond 19,461.23 (684,836.02) 101.95 - 191,650.00 - (473,622.84) Debt Service Fund Total 4,174,971.48 (3,998,820.81) 1,230.78 - 191,650.00 - 369,031.45 Internal Service Fund
641 Motor Vehicle Pool 1,101,697.82 89,351.26 91,755.67 (77,627.85) - (975.00) 1,204,201.90 647 Information Technology Pool (1,123,325.28) (258,312.07) 96,832.65 (77,321.04) 175,975.00 - (1,186,150.74) 690 Worker's Compensation 671,085.57 151,627.93 50,597.71 (52,486.67) - - 820,824.54 Internal Service Fund Total 649,458.11 (17,332.88) 239,186.03 (207,435.56) 175,975.00 (975.00) 838,875.70 Trust/Agency
333 Successor Agency 1,159,732.00 (147,225.88) 142.84 - - - 1,012,648.96 798 West Valley Solid Waste JPA 340,277.17 125,089.92 61,683.75 (72,214.74) - - 454,836.10 799 SCC Specialized Enforcement Team - (63,819.90) - - - - (63,819.90) Trust/Agency Fund Total 1,500,009.17 (85,955.86) 61,826.59 (72,214.74) - - 1,403,665.16 Capital Project
435 Capital Projects Fund 929,106.00 (1,039,372.07) - (271,279.93) - - (381,546.00) 448 Measure O CIP Fund 52,842,126.86 767,934.00 - (19,331.77) - - 53,590,729.09 Capital Project Fund Total 53,771,232.86 (271,438.07) - (290,611.70) - - 53,209,183.09 Total City 99,867,200.23 (10,928,265.09) 5,383,290.07 (4,740,335.20) 1,664,999.00 (1,664,999.00) 89,581,890.01 Fund Description

4.a
Packet Pg. 18
Attachment: 2023.11 Fund Balance Report (Monthly Treasurer's Report (November 2023)) City
Council
Report
TITLE: Approval of Appointments to the Bicycle and Pedestrian Advisory Committee (Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council adopt a resolution appointing Rene Carballo and Frank Nilsen to the Bicycle and Pedestrian Advisory Committee (BPAC) for a term expiring August, 2028.

BACKGROUND
In 1994, the City of Campbell’s Bicycle Advisory Committee (BAC) was established in response to a Metropolitan Transportation Commission (MTC) requirement that cities establish Bicycle Advisory Committees in order to remain eligible to receive Transportation Development Act (TDA) funds. Since its establishment, the City’s BAC has provided guidance to City staff and Council in the development of bicycle policies and programs, including review and approval of all applications for TDA funds administered by the Valley Transportation Authority (VTA).

On September 4, 2007, the City Council adopted Resolution No. 10809 approving terms and appointment process for BAC members. The new process would bring the BAC in line with other City boards and commissions. Terms would help BAC members know when they have fulfilled their term of service and would give them the opportunity to reapply or resign. There would be up to three members whose four -year terms would end in even-numbered years.

On November 1, 2010, the City Council adopted Resolution No. 11229 renaming the Campbell Bicycle Advisory Committee (BAC) the Campbell Bicycle and Pedestrian Advisory Committee (BPAC). The name change expanded the committee’s responsibilities while keeping the same number of committee members and maintaining the committee’s focus on bicycle concerns.

On September 5, 2023, the City Council accepted the resignations of Renee Small and Matt Schroeder from the BPAC and directed the City Clerk to prepare a Notice of the Unscheduled Vacancy for the remainder of the current term and a full term with a term expiration of August 2028.

DISCUSSION
Item: 5
Category: CONSENT CALENDAR
Meeting Date: January 22, 2024
5 Packet Pg. 19
Approval of BPAC Appointments Page 2 of 3
Between September and November of 2023, a recruitment notice for the two vacant BPAC positions was posted on the City’s website and on social media. Four formal applications were received. Interviews were arranged for the applicants and conducted by the Public Works Director and Traffic Engineer on December 11, 2023 and December 12, 2023. Three candidates were interviewed. The fourth candidate failed to respond to multiple invitations.

Staff recommends that the City Council appoint Rene Carballo to the BPAC for a term expiring in August, 2028. Rene, a resident of Campbell, is interested in increasing bicycle usage, promoting walkability, and creating community in Campbell. He expressed interest in improving bicycle safety, raising public awareness, and promoting more sustainable, economical, and human -centered means of transportation and access. He holds a bachelor’s and master’s degree in electrical and computer engineering. Currently, he works as an engineer for Oracle Corporation in Santa Clara.

Attachment B includes Mr. Carballo’s BPAC application.

Staff also recommends that the City Council appoint Frank Nilsen to the BPAC for a term expiring in August, 2028. Frank, also a resident of Campbell, is interested in improving bicycle and pedestrian sa fety. He expressed a specific interest in finding creative solutions for bicycle and pedestrian safety. He holds a bachelor’s degree in history. Frank works as a customer support engineer for Oxford Instruments of America.

Attachment B includes Mr. Nilsen’s BPAC application.

FISCAL IMPACT
There is no fiscal impact associated with the appointment of BPAC members.

ALTERNATIVES
Do not accept the recommendation to fill the current vacancies. This alternative is not recommended. Having fewer than five BPAC members risks not having a quorum for regular meetings. Having a full five member BPAC broadens the perspectives and feedback from the committee, helps to determine consensus on discussion topics, and increases the number of Campbell BPAC members available to serve on the VTA’s BPAC.

Prepared by:

Matthew Jue, Traffic Engineer
5 Packet Pg. 20
Approval of BPAC Appointments Page 3 of 3
Reviewed by:

Todd Capurso, Director of Public Works
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Resolution
b. BPAC Appointment Applications
5 Packet Pg. 21
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

APPOINTING RENE CARBALLO AND FRANK NILSEN TO FILL VACANCIES ON

THE BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE

WHEREAS, in 1994, the City of Campbell established a Bicycle Advisory Committee (BAC) with five members appointed by the City Council to provide valuable guidance to the City regarding bicycle policies and programs; and

WHEREAS, in 2007, the City Council adopted resolution No. 10809 establishing four - year terms for BPAC members with up to three members whose four-year terms end on even-numbered years; and

WHEREAS, in 2010, the City Council adopted Resolution No. 11229 renaming the Campbell Bicycle Advisory Committee (BAC) the Campbell Bicycle and Pedestrian Advisory Committee (BPAC); and

WHEREAS, on September 5, 2023 , the City Council accepted the resignation s of Renee Small and Matt Schroeder from the BPAC and directed the City Clerk to prepare a Notice of the Unscheduled Vacancy for the remainder of the current term and a full term with a term expiration of August 2028; and

WHEREAS, the City solicited applications for serving on the BPAC and four applications were received; and

WHEREAS, staff recommends appointing Rene Carballo and Frank Nilsen to fill the two vacancies on the BPAC.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell approves the appointment s of Rene Carballo and Frank Nilsen to serve on the BPAC for the remainder of the current term and full terms expiring August, 2028.

PASSED AND ADOPTED this 22nd day of January, 2024, by the following roll call vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:

APPROVED:

Attest: _____________________________
Susan M. Landry, Mayor
___________________________
Andrea Sanders, City Clerk

5.a
Packet Pg. 22
Attachment: Resolution (Approval of BPAC Appointments)

5.b
Packet Pg. 23
Attachment: BPAC Appointment Applications (Approval of BPAC Appointments)

CITY OF CAMPBELL/PUBLIC WORKS DEPARTMENT
70 NORTH FIRST STREET
CAMPBELL, CA 95008
Phone: (408) 866-2150
Email: [email protected]

APPLICATION FOR APPOINTMENT TO

BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE
Nam
e _______________________________________________________________________________ Address _____________________________________
Email
Phone No. – Work _________________ Home
Have you served in a similar capacity previously? Yes ____ No ____ If “Yes”, give name of City or other jurisdiction:______________________________________________ Member of a bicycle organization? Yes ____ No ____
If yes, which one(s) _______________________________
Present Occupation ____________________________________________________________________ (Give Title)
Name and Address of Present Employer (if employed) ________________________________________ _____________________________________________________________________________________ Education: High School _____________________________________________________________ College _________________________________________________________________ Degree(s) Obtained _______________________________________________________ Check appropriate bicycle usage:
____________ Recreation; ____________ Commuting; ___________ Racing; ___________ Fitness Check Interests:
_________Increasing bicycle usage; ________ Improving bicycle safety; ________ School bike routes; _______Public awareness & education; _______ Bicycle Route Planning; ________ Other (specify); _____________________________________________________________________________________ Additional comments on your specific interest in this appointment: ______________________________ _____________________________________________________________________________________ Signature ____________________________________________ Date ____________________________

5.b
Packet Pg. 24
Attachment: BPAC Appointment Applications (Approval of BPAC Appointments) City
Council
Report
TITLE: Resolution Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center and Authorizing Subsequent Repairs Per the Executed Contract Services Agreement with Burr Plumbing and in Accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 (Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council adopt a resolution: 1) accepting updates on the progress of remaining emergency gas line repairs at the Campbell Community Center; and 2) authorizing subsequent repairs per the executed contract services agreement with Burr Plumbing and in accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 which allow for the dispensation of formal bidding procedures when public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property in the event of an emergency, and require the governing body to review the associated emergency action at every regularly scheduled meeting thereafter, until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action.

BACKGROUND
On July 31, 2023, the City Council adopted Resolution No. 13024 which authorized the issuance of payment to Burr Plumbing (Burr) for all services rendered to -date on the emergency gas line repairs at the Campbell Community Center. The circumstances prompting staff’s initial service request, and the work performed thereafter, also permitted the dispensation of formal bidding procedures as specified in Campbell Municipal Code Sections 3.20.050 and 3.20.030(3), and California State Public Contracts Code (PCC) Section 20168 for services in response to emergency situations threatening the health, safety, or welfare of the public that necessitate this exemption.

Furthermore, the City Council was informed of outstanding repairs that were still required before PG&E could authorize the restoration of gas services to the remainder of the property, and the opportunity it presented to address critical system deficiencies by implementing other upgrades at the same time. To facilitate these efforts, staff would develop a scope of work and identify a funding strategy to minimize fiscal impacts – with results presented to City Council during a later meeting date where staff would request approval to proceed with the additional repairs, and their associated costs, at that time.

Item: 6
Category: CONSENT CALENDAR
Meeting Date: January 22, 2024
6 Packet Pg. 25
Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center

In August 2023, staff finalized the scope of work for the remaining emergency gas line repairs and conducted an informal bid process to solicit proposals from qualified vendors. After evaluating the proposals received, staff selected Burr based on their results as the lowest, responsive bidder ($290,180) and qualifications to complete the remaining repairs in a timely and efficient manner. The results of these efforts were presented during the September 19, 2023, regular meeting, where the City Council approved and awarded a contract to Burr Plumbing upon declaring that the public interest and necessity to complete these emergency repairs demanded the immediate expenditure of public money to safeguard life, health, or property from the multiple gas line leaks detected at the Community Center.

Since the anticipated repairs are a continuation of the emergency services that were previously exempt from the City’s formal bidding procedures, their implementation is also subject to the terms set forth in PCC Section 22050 which states that ‘… the governing body shall review the emergency action at its next regularly scheduled meeting and, except as specified below, at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four -fifths vote, that there is a need to continue the action.

DISCUSSION

In accordance with the state’s requirements, staff will provide an update to the City Council at each regularly scheduled City Council meeting until the repairs are complete.

Each update will contain information on the work performed to date and request Council’s authorization to continue with subsequent repairs as they apply to the progress of work completed at that time.

The last updates for work completed to -date/still in progress, and all upcoming (anticipated) work/activities, were provided to the City Council during the December 19, 2023, regular meeting. Per the tentative schedule presented in that report, staff had projected that the remaining gas line repairs and final commissioning/testing would be completed by the end of December 2023. However, a series of rainstorms and holiday closures around that time had impacted staff’s ability to proceed with the work as previously scheduled. Therefore, the work is still in progress as follows:

Date(s) Work Still in Progress
December 20, 2023 – January 22,
2024 (±)
Installation of new main gas line to Building A,
Building Q, and Heritage Theatre (includes site
modifications/preparations, above and underground
pipe installations, building tie-ins, and final pressure testing)

NEXT STEPS

6 Packet Pg. 26
Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center

Pending the completion of the work still in progress, the following is a tentative schedule for all upcoming (anticipated) work/activities as they relate to the emergency gas line repairs:

Anticipated Work / Activity Estimated Date(s)
Final full gas line commissioning and testing January 23 – 31, 2024 (±) At this time, staff is requesting Council’s authorization to continue with these efforts as specified in the above tentative schedule for anticipated work/activities and their estimated dates of completion. Staff will return at the next regularly scheduled City Council meeting on February 6, 2024, to provide the Council with additional updates and request authorization to either continue with any remaining repairs or proceed with the closeout and acceptance process should all work be completed at that time.

FISCAL IMPACT
There is no fiscal impact with the associated action.

ALTERNATIVES

1. Do not accept the updates and/or authorization to proceed with subsequent repairs.

2. Provide alternative direction to staff.

Prepared by:

Carina Shattuck, Administrative Analyst I
Reviewed by:

Todd Capurso, Director of Public Works
Approved by:
6 Packet Pg. 27
Brian Loventhal, City Manager
Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center

Attachment:
a. Resolution
6 Packet Pg. 28
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ACCEPTING

UPDATES ON THE PROGRESS OF REMAINING EMERGENCY GAS LINE REPAIRS AT THE

CAMPBELL COMMUNITY CENTER AND AUTHORIZING SUBSEQUENT REPAIRS PER THE

EXECUTED CONTRACT SERVICE AGREEMENT WITH BURR PLUMBING AND IN

ACCORDANCE WITH CALIFORNIA STATE PUBLIC CONTRACTS CODE (PCC) SECTIONS 20168 AND 22050 WHICH ALLOW FOR THE DISPENSATION OF FORMAL BIDDING

PROCEDURES WHEN PUBLIC INTEREST AND NECESSITY DEMAND THE IMMEDIATE

EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE, HEALTH, OR PROPERTY IN THE

EVENT OF AN EMERGENCY SITUATION, AND REQUIRE THE GOVERNING BODY TO

REVIEW THE ASSOCIATED EMERGENCY ACTION AT EVERY REGULARLY SCHEDULED MEETING THEREAFTER UNTIL THE ACTION IS TERMINATED, TO DETERMINE, BY A 4/5

VOTE, THAT THERE IS NO NEED TO CONTINUE THE ACTION
WHEREAS, on July 31, 2023, the City Council adopted Resolution No. 13024 which authorized the issuance of payment to Burr Plumbing (Burr) for all services rendered to-date on the emergency gas line repairs at the Campbell Community Center; and
WHEREAS, the circumstances prompting staff’s initial service request, and the emergency work performed thereafter, also permitted the dispensation of formal bidding procedures as specified in Campbell Municipal Code Sections 3.20.050, and 3.20.030(3) for emergency situations threatening the health, safety, or welfare of the public that necessitate this exemption; and WHEREAS, the City Council was also informed of outstanding repairs that were still required before PG&E could restore gas services to the remainder of the property – including staff’s plans to develop a scope of work and present the results of these efforts to Council during a later meeting date; and WHEREAS, results were presented during the September 19, 2023, regular meeting, where the City Council subsequently approved an agreement with Burr, in an amount not to exceed $290,180, after declaring that the public interest and necessity to complete these emergency repairs demanded the immediate expenditure of public money to safeguard life, health, or property , as pursuant to California State Public Contracts Code (PCC) Section 20168; and WHEREAS, since the anticipated repairs are exempt from the City’s formal bidding process, their implementation is subject to the terms set forth in PCC Section 22050 which states that the governing body shall review the emergency action at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action; and WHEREAS, in accordance with the State’s requirements, the following lists all work that is still in progress since the last updates provided to the City Council during the December 19, 2023, regular meeting:
• December 20, 2023 – January 22, 2024 (±) – In Progress: Installation of new main gas line to Building A, Building Q, and Heritage Theatre (includes site modifications/preparations, above and underground pipe installations, building tie-ins, and final pressure testing); and WHEREAS, based on the completion of the work still in progress, the following is a tentative schedule for upcoming (anticipated) work/activities as related to the emergency gas line repairs:
• January 23 – 31, 2024 (±) – Final full gas line commissioning and testing; and

6.a
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Attachment: Resolution (Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center) WHEREAS, staff is requesting Council’s authorization to continue with these effo rts as specified in the above schedule for anticipated work/activities and their estimated dates of completion.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby: 1) accepts the updates on the progress of the remaining emergency gas line repairs at the Campbell Community Center ; and 2) authorizes subsequent repairs per the executed contract services agreement with Burr Plumbing and in accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 which allow for the dispensation of formal bidding procedures when public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property in the event of an emergency situation, and require the governing body to review the associated emergency action at every regularly scheduled meeting thereafter, until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action.

BE IT FURTHER RESOLVED, upon Council’s authorization, staff will return at the next regularly scheduled City Council meeting on February 6, 2024, to provide the Council with additional updates and request authorization to either continue with any remaining repairs or proceed with the closeout and acceptance process should all work be completed at that time.

PASSED AND ADOPTED this _____th day of ________, 2024, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:
_________________________________
Susan M. Landry, Mayor
ATTEST:
___________________________
Andrea Sanders, City Clerk

6.a
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Attachment: Resolution (Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center)

City
Council
Report

TITLE: Accept the Community Center Transformer Replacement Project 23 - AA and File Notice of Completion (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution accepting the Community Center Transformer Replacement Project No. 23 -AA and directing the Public Works Director or designee to file the Notice of Completion.

BACKGROUND

The Campbell Community Center is currently home to the City’s Recreation and Community Services Department and hosts a variety of tenants from outside organizations who rent office and classroom spaces for their own programs. Since 1985, the City’s Public Works Department – Building Maintenance Section has maintained, repaired, and/or renovated the Community Center to meet the operational needs of these programs while ensuring the health and safety of staff and visitors alike.

These efforts have also been undertaken to help offset the demands placed on the aging infrastructure and mechanical systems throughout the property. With many of these older systems still in operation, staff has worked proactively to uphold inspection schedules, implement routine maintenance measures, and address issues before they result in costly repairs.

Among the Center’s oldest mechanical systems were the electrical transformer, switch gear, and breakers that provided electrical power to Buildings A and B, the Heritage Theatre, and the Q -Wing classrooms. According to PG&E records, the electrical transformer was installed approximately 70 years ago when the property was still operating as the former Campbell High School. After years of prolonged use, many of the transformer’s components have become severely outdated and/or obsolete – causing the system to operate less efficiently and raising concerns about potential hazards due to its lack of critical safety features. Nevertheless, as issues have increased in frequency and intensity, repairs have become more costly and time consuming. To mitigate these budgetary and staffing constraints, a separate Capital Improvement Project was created in 2018 for the ultimate replacement of the transformer (Community Center Transformer Replacement, CIP Project No. 23 -AA), with funding in the amount of $200k allocated to the project budget.

Item: 7
Category: CONSENT CALENDAR
Meeting Date: January 22, 2024
7 Packet Pg. 31
Accept the Community Center Transformer Replacement Project 23-AA and File Notice of Completion

Upon the project’s adoption with the City’s annual CIP budget for FY 2018/19, staff contacted PG&E to assist with developing a scope of work, and Cupertino Electric for recommendations on removing the existing unit (from its underground location below Building A) and subsequently installing a new unit at a different location. In response, Cupertino Electric conducted a power load demand study to determine the size and capacity of the new transformer and provide additional information for staff’s use during that initial planning and development phase. When the study was concluded in late 2019, the results allowed staff to identify potential relocation sites and begin finalizing the project’s scope of work. However, the onset of the COVID -19 pandemic in early 2020 halted these efforts as many of the City’s active and/or planned improvement projects were put on hold due to strict social distancing protocols and other health mandates in effect at that time.

When COVID restrictions began lifting in mid -2022, staff revisited their original plans for the Community Center Transformer Replacement Project and contacted PG&E to resume discussions on the transformer’s relocation plans. In turn, PG&E conducted a site visit and performed additional tests to evaluate the electrical load capacity for potential relocation sites around Building A. Based on those results, staff identified a location on the building’s northerly side that could handle the electrical load transfer and would make an ideal location for the new unit. As such, in May 2023, staff contacted Cupertino Electric to assist with the design details of the new location and ensure that the project’s scope of work included the necessary site modifications to accommodate the features of the new transformer.

In October 2023, Building Maintenance staff was conducting routine meter readings in the basement of Building A when a crackling noise coming from the transformer was detected. Upon closer inspections, staff noticed that one of the electrodes was creating a small arc of electricity, which prompted staff to immediately contact PG&E. Shortly thereafter, PG&E sent their technicians on site to further investigate the issues reported.

After completing their assessments, PG&E advised staff to decommission the transformer as soon as possible to prevent a complete system failure and loss of power (electricity) to that area of the property (i.e., Buildings A and B, the Heritage Theatre, and the Q -wing classrooms). Staff was also informed that although the transformer could remain in service, allowing it to remain operational for an extended period would only increase the risk for potential hazards and other critical service disruptions.

With the health and safety of the public as their primary consideration – and to expedite the decommissioning of the old transformer by PG&E – staff decided to accelerate the implementation of the Transformer Replacement Project. With specialized equipment and labor needed to resume these efforts, staff re -contacted Cupertino Electric and requested a proposal for services based on the project’s expedited timeline. In response to the City’s request, Cupertino Electric submitted a proposal to complete the project for a total contract amount of $197,801 – a figure within the project’s $200k budget as programmed in the CIP. With sufficient funding available, staff directed Cupertino Electric to begin the on -site work, while a report would be prepared and presented to the City Council during their next regularly scheduled meeting. 7 Packet Pg. 32
Accept the Community Center Transformer Replacement Project 23-AA and File Notice of Completion

While the report was being prepared, much of the work at the Community Center was already underway as the project’s timeline was driven by the availability of PG&E resources and the urgency to decommission the old transformer. Eventually, the report was presented during the November 7, 2023, regular meeting, where the City Council subsequently adopted Resolution No. 13072 – approving and authorizing an agreement with Cupertino Electric, Inc., in an amount not to exceed $197,801, for the equipment and labor services necessary to complete the Community Center Transformer Replacement Project (see Attachment B). As part of that motion, the Council also authorized the dismissal of the City’s formal bidding procedures based on the emergency circumstances that prompted staff’s initial request to Cupertino Electric for the associated services (i.e., to expedite the project’s completion and prevent potential hazards and/or critical service disruptions) and as specified in Campbell Municipal Code (CMC) § 3.20.030(3) which allows for such an exemption when ‘an emergency situation creates a threat to the public health, safety or welfare that necessitates the suspension of the bidding procedures of Section 3.20.050

DISCUSSION

Construction for the Community Center Transformer Project began on October 17, 2023, and was completed on October 27, 2023. The associated work was performed in accordance with the plans and specifications developed during the project’s earlier planning stages with assistance from Cupertino Electric. Based on those details, the following elements were completed during construction:

• Removal of the existing electrical transformer.
• Installation of a 225KVA transformer and 800 amps switchboard. • Trenching for underground electrical feeder and concrete transformer pad.

Overall, the new electrical transformer will significantly reduce the City’s long -term maintenance costs while deferring the need for equipment replacement by an additional 25-plus years. The new transformer is also equipped with standard safety features to ensure its mechanical components operate in a safe capacity and reduce the risks associated with critical service disruptions. Furthermore, its new above -ground location will improve staff’s ability to implement preventative maintenance measures and address issues in a timely and proactive manner.

With the project deemed complete, a Resolution has been prepared to accept the improvements and to direct the Public Works Director or designee to file the Notice of Completion with the Santa Clara County Recorder’s Office (see Attachment C).

FISCAL IMPACT

The Community Center Transformer Replacement project was completed under budget as detailed in the following summary of its associated costs breakdowns:
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Accept the Community Center Transformer Replacement Project 23-AA and File Notice of Completion

Source of Funds Amount
Capital Improvement Project – Community Center
Transformer Replacement (No. 23-AA)
$200,000
Use of Funds Amount
Construction Contract with Cupertino Electric $197,801
Project Total $197,801
Based on the figures above, the project has generated savings of approximately $2,199.

Therefore, the balance of these unspent project funds will be returned to the Capital Improvement Project Reserve (CIPR) and applied towards other improvement projects as programmed in the City’s CIP.

ALTERNATIVES
Do not accept the improvements and direct staff accordingly.

Prepared by:

Carina Shattuck, Administrative Analyst I
Reviewed by:

Todd Capurso, Director of Public Works
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Resolution
b. Resolution 13072 - Cupertino Electric.
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Accept the Community Center Transformer Replacement Project 23-AA and File Notice of Completion

c. Notice of Completion (23-AA)
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RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL

ACCEPTING THE COMMUNITY CENTER TRANSFORMER REPLACEMENT
PROJECT NO. 23-AA AND DIRECTING THE PUBLIC WORKS DIRECTOR OR

DESIGNEE TO FILE THE NOTICE OF COMPLETION
WHEREAS, in June 2018, the City Council approved the Community Center Transformer Replacement Project (No. 23-AA) as part of the City’s Capital Improvement Plan (CIP) for Fiscal Years 2019 – 2023, with $200,000 allocated to the project from the City’s CIP Reserve (CIPR) Fund; and
WHEREAS, between 2019 and 2020, staff from the Public Works Building Maintenance Division contacted PG&E and Cupertino Electric, Inc., to assist with developing a scope of work for the project and provide diagnostic tools to help staff identify an ideal location for the installation of a new transformer; and
WHEREAS, in early 2020, the project was placed on hold due to the onset of the COVID- 19 pandemic and the several health and safety mandates in effect at the time; and WHEREAS, as COVID restrictions began lifting in mid -2022, staff revisited their original scope of work for the Transformer Replacement Project and contacted PG&E to resume discussions on the transformer’s relocation plans; and
WHEREAS, the results from an electrical load capacity test later performed by PG&E allowed staff to identify a site on Building A’s northerly side that could handle the electrical load transfer and would make an ideal location for the new transformer; and WHEREAS, in May 2023, staff contacted Cupertino Electric to assist with the design details for the new location and any site modifications required; and WHEREAS, in October 2023, while conducting routine meter readings in the basement of Building A, Building Maintenance staff contacted PG&E to report a crackling noise that was heard coming from the transformer and witnessing a small arc of electricity being created by one of its electrodes; and
WHEREAS, after performing an on-site assessment , PG&E advised staff to decommission the transformer as soon as possible to prevent a complete system failure and loss of power (electricity) to that area of the property – including the risks for potential hazards if it remained in operation for extended periods of time; and WHEREAS, with the health and safety of the public as their primary consideration , staff decided to expedite the implementation of the Transformer Replacement Project and requested a quote from Cupertino Electric for the necessary services to resume these efforts; and
WHEREAS, with sufficient funding available to cover the proposed quote amount ($197,801), staff directed Cupertino Electric to begin the on -site work, while a report would be prepared and presented to the City Council during their next regularly scheduled meeting; and

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Attachment: Resolution (Accept the Community Center Transformer Replacement Project 23-AA and File Notice of Completion) WHEREAS, while the report was being written, much of the work at the Community Center was already underway as the project’s timeline was driven by the availability of PG&E resources and the urgency to decommission the old transformer; and WHEREAS, on November 7, 2023, the City Council adopted Resolution No. 13072 – approving and authorizing an agreement with Cupertino Electric, Inc., in an amount not to exceed $197,801, to provide the services necessary to complete the Community Center Transformer Replacement project and to dispense with the City’s formal bidding procedures for their procurement, as permitted by Campbell Municipal Code (CMC) §

3.20.030(3) and the exemptions granted for services procured in response to emergency situations; and
WHEREAS, construction for the Community Center Transformer Project began on October 17, 2023, and was completed on October 27, 2023; and WHEREAS, in accordance with the project’s plans and specifications, Cupertino Electric completed the following during its construction: removal of the existing electrical transformer, installation of a 225KVA transformer and 800 amps switchboard , and trenching for underground electrical feeder and concrete transformer pad; and WHEREAS, upon its completion, the project’s total costs were $197,801; and WHEREAS, based on its current CIP budget of $200,000, the balance of $2,199 in unspent project funds will be returned to the CIPR Fund and applied towards other improvement projects as programmed in the City’s current CIP.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby accepts the work completed for the Community Center Transformer Replacement Project No. 23 -AA and directs the Public Works Director or designee to file a Notice of Completion.

PASSED AND ADOPTED this 22nd day of January, 2024, by the following roll call vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

APPROVED:
________________________
ATTEST: Susan M. Landry, Mayor
__________________________
Andrea Sanders, City Clerk

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Attachment: Resolution (Accept the Community Center Transformer Replacement Project 23-AA and File Notice of Completion) RESOLUTION NO. 13072

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING AN AGREEMENT WITH CUPERTINO ELECTRIC, INC., IN AN AMOUNT NOT TO EXCEED 197, 801, TO PROVIDE EQUIPMENT AND LABOR SERVICES FOR THE COMMUNITY CENTER TRANSFORMER REPLACEMENT PROJECT ( CIP NO. 23- AA), IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN CALIFORNIA. PUBLIC CONTRACTS CODE ( PCC) SECTIONS 21068, 22035, AND 22050, WHICH REQUIRE A 4/ 5 VOTE FROM THE GOVERNING BODY TO AWARD A CONTRACT FOR A PUBLIC PROJECT WORTH $ 200, 000 OR LESS, AND

ALLOWS THE CITY TO DISPENSE WITH ITS FORMAL BIDDING PROCEDURES AS SPECIFIED IN CAMPBELL MUNICIPAL CODE ( CMC) SECTION 3. 20. 050, AND 3. 20. 030( 3)

FOR EMERGENCY SITUATIONS NECESSITATING SERVICES TO SAFEGUARD LIFE, HEALTH, AND/ OR PROPERTY; AND AUTHORIZING THE CITY MANAGER TO EXECUTE

SAID AGREEMENT AS SPECIFIED IN CAMPBELL MUNICIPAL CODE ( CMC) SECTION

3. 20. 100.

WHEREAS, among the Campbell Community Center's oldest mechanical systems are the electrical transformer, switch gear, and breakers that provide electrical power to Buildings A and B, the Heritage Theatre, and the Q-Wing classrooms; and
WHEREAS, installed approximately 70 years ago in the basement of Building A, many of the transformer' s components have become severely outdated and/ or obsolete — causing the system to operate less efficiently and raising concerns for potential hazards due to its lack of critical safety features; and
WHEREAS, with repairs increasing in cost and frequency, a separate Capital Improvement Project was created in 2018 for the ultimate replacement of the transformer( Community Center Transformer Replacement, CIP Project No. 23- AA), with $ 200k allocated to the project' s budget; and WHEREAS, between 2018 and 2019, staff collaborated with PG&E and Cupertino Electric to develop a scope of work and conduct studies to provide additional information for staff' s use during the planning and development stages; and
WHEREAS, in early 2020, the onset of the COVID- 19 pandemic halted staffs efforts as many of the City' s current ( and upcoming) projects were put on hold due to the social distancing protocols; and WHEREAS, as COVID restrictions were lifted in mid-2022, staff revisited its original project plans — contacting PG& E to evaluate the electrical load capacity for potential sites of the new transformer and Cupertino Electric for assistance with the design details of this new location; and WHEREAS, in October 2023, while conducting routine meter readings in,the basement of Building A, staff detected a crackling noise coming from the transformer and noticed one of its electrodes creating a small arc of electricity, prompting staff to immediately notify PG& E; and WHEREAS, after performing an on-site assessment, PG& E advised staff to decommission the transformer as soon as possible to prevent a complete system failure and loss of power ( electricity) to that area of the property; and
WHEREAS, with the threat of potential hazards and critical service disruptions, staff decided to expedite the implementation of the Transformer Replacement Project; and WHEREAS, with specialized equipment and labor services needed to resume these efforts, staff re- contacted Cupertino Electric to request a proposal for the necessary services to complete the transformer replacement project in a timely and efficient manner; and

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Attachment: Resolution 13072 - Cupertino Electric. (Accept the Community Center Transformer Replacement Project 23-AA and File Notice of WHEREAS, the circumstances prompting staffs request also permitted the dispensation of the City's formal bidding procedures as specified in Campbell Municipal Code ( CMC) § 3. 20. 030( 3) which authorizes this exemption when ' an emergency situation creates a threat to the public health, safety or welfare that necessitates the suspension of the bidding procedures of Section 3.20.050'; and WHEREAS, in response to the City's request, Cupertino Electric submitted a proposal to provide the necessary labor and equipment to complete the site preparations and subsequent transformer installation, for a total contract amount of$ 197, 801; and WHEREAS, in accordance with the procedures set forth in California Public Contracts Code ( PCC) Sections 21068, 22035, and 22050, a 4/5 vote from the agency's governing body is required to award a contract for public projects totaling $ 200, 000 or less; and WHEREAS, based on the state' s requirements, staff recommends that the City Council approve an agreement with Cupertino Electric, in an amount not to exceed $ 197, 801, to provide services as outlined in the proposed scope of work, and thereby expediting PG& E's subsequent decommission of the old transformer; and
WHEREAS, sufficient funding is available in the City' s adopted CIP budget for: ' Community Center Transformer Replacement ( Project No. 23- AA),' to commence services during FY 2023/ 24 in accordance with the proposed agreement.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby: 1) approves an agreement with Cupertino Electric, Inc., in an amount not to exceed $ 197, 801, to provide equipment and labor services for the Community Center Transformer Replacement Project CIP No. 23- AA), in accordance with the procedures set forth in California Public Contract Code PCC) Sections 21068, 22035, and 22050 which require a 4/5 vote from the governing body to award a contract for a public project worth $ 200, 000 or less, and allows the City to dispense with its formal bidding procedures as specified in Campbell Municipal Code ( CMC) Section 3. 20. 505, and

3.20.030(3) for emergency situations necessitating services to safeguard life, health, and/or property; and 2) authorizes the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3. 20. 100.

PASSED AND ADOPTED this 7thday of November, 2023, by the following roll call vote:

AYES: Councilmembers: Lopez, Scozzola, Furtado, Landry, Bybee NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:

Anne Bybee, ayor
ATTEST:
i I( JO.Y-A
Andrea Sanders, CiClerk

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Attachment: Resolution 13072 - Cupertino Electric. (Accept the Community Center Transformer Replacement Project 23-AA and File Notice of

CONTRACT SERVICES AGREEMENT

CITY OF CAMPBELL
70 NORTH FIRST STREET
CAMPBELL, CA 95008
408) 866- 2150
BY THIS AGREEMENT made and entered into on the day of OCTOBER 20 23 by and between the CITY OF CAMPBELL ( hereinafter referred to as CITY) and ( Name) CUPERTINO ELECTRIC Address) 1132 N SEVENTH STREET
City) SAN JOSE , ( State) CA , ( Zip) 95112' Phone 408) 77. 1- 6747 hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:

CONTRACTORshallprovideorfurnishthefollowingspecifiedservicesand/ormaterials:

INSTALLATION OF THE CAMPBELL,' COMMUNITY CENTER ELECTRICAL

TRANSFORMER LOCATED AT BUILDING A
v
d
EXHIBITS: Thefollowingattachedexhibitsherebyaremadepartof thisAgreement:

EXHIBIT A— SCOPE OF WORK, a\.
a
TERMS: The services and/ or materials furnished under this' Agreement shall commence on TBD and shall be completed before' 6/30/2024
COMPENSATION: For the full`performance''of this Agreement, CITY shall pay CONTRACTOR on a time and materials basis in an amount hot to exceeds ` 197900. 00, ' , unless authorized otherwise by City.

GENERAL TERMS AND CONDITIONS:

Agreement: This Agreement shall be governed by the laws of the State of California. It constitutes the entire agreementbetweenthepartiesregardingits-subjectmatter. If anyprovisioninthisAgreementisheldbyanycourt or trier of fact to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force.

Hold Harmless: With respect ;` to any design professional services provided by CONTRACTOR, the CONTRACTOR agrees to indemnify, defend and hold harmless the CITY, its officers, agents and employees from any andall claims, actions,causesof action, losses,damages, costsandliabilities of every nature, including all costs of defendinganyclaim, causedby, pertainingor relatingto, or arisingoutof, or allegedto havebeencausedby or arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, except for any claims, actions, causes of action, losses, damages or liabilities proximately caused by the sole negligence or willful misconduct of CITY. CITY shall not be liable for acts of CONTRACTOR in performing services described herein.

With respect to all matters other than those covered by the foregoing paragraph, CONTRACTOR agrees to indemnify, defend and hold harmless the CITY, its officers, agents and employees from any and all claims, actions, causes of action, losses, damages, costs and liabilities of every nature, including all costs of defending any claim, caused by or arising out of, or alleged to have been caused by or arise out of the performance of this Agreement, except for any claims, actions, causes of action, losses, damages, costs or liabilities proximately caused by the sole

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Attachment: Resolution 13072 - Cupertino Electric. (Accept the Community Center Transformer Replacement Project 23-AA and File Notice of

AGREEMENT
PAGE 2
GENERAL TERMS AND CONDITIONS ( CONT.):
negligence or willful misconduct of CITY. CITY shall not be liable for acts of CONTRACTOR in performing services described herein.

In the event that this contract is subject to California Civil Code section 2782( b), the foregoing indemnity provisions shall not apply to any liability for the active negligence of the City.

The foregoing indemnity provisions areintendedto fully allocateall risk of liability to third- parties. No other rights of indemnity or contribution shall exist betweenthe partiesin law or in equity. The provisions setforth in this section shall survive the termination of this Agreement.

City Business License: CONTRACTOR doing work in the City of Campbell/shall have a valid City of Campbell Business License.

Insurance: Should the CITY require evidenceof insurability, CONTRACTOR shall provide/the following before commencing any services under this agreement. f
GENERAL LIABILITY INSURANCE: CONTRACTORashall provide' commercial general liability, broad form general liability and business automobile liability insurance in connection with the CONTRACTOR' S performance, in the amount of not less than $ 1, 000, 000 per,, occurrence. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separatelytothisproject/location, orthegeneral.aggregatelimitshall'betwicetherequiredoccurrencelimit.

Liability policies shall be endorsed to name CITY,Its-ofcers,volunteersandemployeesas "insureds" under saidinsurancecoverageandto statethat suchinsuranceshallbedeemed"primary" suchthat any otherinsurance that may be carried by CITY shall be excess thereto:, Such, iisuranceshall be on an" occurrence," not a" claims made," basisandshall not becancelable:or subjectto, except upon thirty( 30) days prior written notice to CITY( 10- day notice for non- payment o`T premium):, Endorsements shall be provided by or acceptable to the CITY.

WORKERS'COMPENSATIONANDEMPLOYERSLIABILITY INSURANCE: Duringitsperformance or service, CONTRACTORshallmaintainWorkers''CompensationandEmployersLiability insurancefor all of its employees who are in anyway- connected with performance of these services. The Workers' Compensation Insuranceshall comply,^with all applicableStatelaws. EmployersLiability coverageshall be for a minimum of 1,000,000 TheCONTRACTORshall'agreeto waiveallrightsof subrogationagainsttheCity, itsofficers, officials,employeesandvolunteersfor`"lossesarisingfromworkperformedbytheContractorfor theCity.

It is a requirement of this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/ or limits set forth in this Agreement shall be available to theCity when,theCityis'namedasanadditionalinsuredpursuantto thisAgreement. Furthermore, the requirements for coverage and limits shall be( 1) the minimum coverage limits specified in this Agreement, or 2) the broadercoverageandmaximum limits of coverageof any insurancepolicy or proceedsavailableto the named insured, whichever affords greater coverage.

CERTIFICATES OF INSURANCE: CONTRACTOR shall furnish CITY a certificate of insurance, duly authenticated, evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance of copies of policies as may be reasonably required by CITY from time to time. Satisfactory evidence of said coverage shall be required within ten( 10) days of award of contract.

Non- Discrimination: No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person.

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Attachment: Resolution 13072 - Cupertino Electric. (Accept the Community Center Transformer Replacement Project 23-AA and File Notice of

AGREEMENT
PAGE 3
GENERAL TERMS AND CONDITIONS ( CONT.):

Interest of CONTRACTOR: It is understood and agreed that this Agreement is not a contract of employment in the sense that the relation of master and servant exists between CITY and undersigned. At all times, CONTRACTOR shall be deemedto be an independentcontractor and CONTRACTOR is not authorizedto bind the CITY to any contracts or other obligations in executing this agreement. CONTRACTOR certifies that no one who has or will have any financial interest under this agreement is an officer or employee of CITY.

Changes: This agreement shall not be assigned or transferred without the written consent of the CITY. No changes or variations of any kind are authorized without the written consent of the CITY.

Public Works Projects: In the eventthis Agreementrequiresthe CONTRACTORto provideserviceswithin the definitionof publicprojectspursuantto CaliforniaPublicContractsCodeSection20161, theadditionaltermsand conditions stated below shall be in full force and effect.

ARTICLE I. The general prevailing wage rates heretofore specified, and any minimum wage rates indicated in theSpecialProvisionsareherebyspecificallyreferredto andbythisreferencearemadea partof this contract.

ARTICLEII. Inaccordancewiththeprovisionsof Section,3700oftheLaborCode, everyCONTRACTOR will be required to secure the payment of compensation tohis' orher employees.

ARTICLE III. By my signature below, as CONTRACTOR, I certify that I am aware of the provisionsof Section3700of theLaborCodewhichrequireeveryemployerto beinsuredagainst liability for workers' compensation or to undertake-selfinsurancein accordancewithsuch provisionsof thatCode,andI will complywithsuch.provisionsbeforecommencingtheperformance of the work of this Agreement.
w
ARTICLE IV. The improvement contemplatedin the performanceof this Agreement is an improvement over which the CITY shall exercisegeneralsupervision. The CITY shall havethe right to assumefull and direct control over this Agreementwheneverthe-CITY, at its sole discretion, shall determinethat its responsibilityto theUnitedStatesortheStateofCaliforniasorequires.

ARTICLE V. The 'CONTRACTOR agreesto receive and accept the prices indicated in the CONTRACTOR' s signed' Proposal asjull compensation for furnishing all materials and for doing all the workcompletedandembracedin thisAgreement;alsofor all lossor damage,arisingoutof thenatureof the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may ariseor beencounteredin the prosecutionof the work until its acceptanceby the CITY, andfor all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspensionor discontinuanceof work, andthe whole thereof, in the mannerand according to the Plansand Specifications, and requirements of the Engineer under them.

ARTICLE VI. CONTRACTOR shall be responsible for complying with the provisions of Section 1776 of the California Labor Code concerning payroll records.

ARTICLE VII. CONTRACTOR shall be responsible for complying with the provisions of California Labor Code Sections1777.5 through 1777.7, inclusive, concerningapprentices.

ARTICLE VIII. CONTRACTOR shall be responsiblefor complying with the provisions of California Labor Code Sections 1810 through 1815, inclusive, concerning working hours.

ARTICLE IX. CONTRACTOR shallberesponsiblefor complying with theprovisions of California Public Contracts Code Section 7104 regarding trenching and excavation that extend deeper than four( 4) feet below the surface.

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Attachment: Resolution 13072 - Cupertino Electric. (Accept the Community Center Transformer Replacement Project 23-AA and File Notice of

AGREEMENT
PAGE 4
GENERAL TERMS AND CONDITIONS( CONT.):

ARTICLE X. Time is of the essence in the performance of this contract. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements is not finished or completed within the number of working days as set forth in the special provisions, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that the CONTRACTOR will pay to the CITY liquidated damages for each and every calendar day' s delay in finishing the work in excess of the number of working day' s prescribed, in the amount of$_ TBD per day. The CITY further agrees that the CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project, when sucha delay was causedby the failure of the CITY or the owner of the utility to provide for removal or relocation of such utility facilities as set forth in California Government Code Section 4215.

PrevailingWage: Thiscontractis for apublicworkasdefinedin Chapter1of Part7 of Division2 of theCalifornia Labor Code. CONTRACTOR and any subcontractors under the CONTRACTOR shall comply with Section 1771 of the California Labor Code concerning prevailing wages. a Mr
Termination: Notwithstanding any other provision of this Agreement, CITY may terminate this Agreement at any time, with or without cause, in its sole discretion, by giving notice in writing to CONTRACTOR of such termination.

In the event of suchtermination, CONTRACTOR shall havethe right' and obligation to immediately assemblethe work then in progressfor the purposeof completing the work andturning'over all materialsanddocumentsto CITY.

In the event of suchtermination, CONTRACTORshall` be compensatedfor all work and servicesperformedto the pointofterminationinaccordancewiththepaymentprovisions-setforthin Section2.1, unlesstheterminationisfor cause, in whicheventCONTRACTORneedbecompensatedonlytotheextentrequiredby law.

CONTRACTOR COORDINATOR and representative for CITY shall be:

NAME: DAVID FANUCCHI DEPARTMENT: Public Works
ThisAgreementshallbecomeeffectiveuponitsexecutionby,,CITY,inwitnessthereof,thepartieshaveexecutedthis Agreementthe day andyear first written above.

Fa
CONTRACTOR:" CITY OF CAMPBELL
By: By:

Title: Title:

Contractor License No.:

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Attachment: Resolution 13072 - Cupertino Electric. (Accept the Community Center Transformer Replacement Project 23-AA and File Notice of Revised 1/23/17
Recording Requested by
and when recorded, mail to:

City of Campbell
City Clerk’s Office
70 North First Street, City Hall – Upper Level
Campbell, CA 95008
(408) 866-2150

CITY OF CAMPBELL

NOTICE OF COMPLETION AND ACCEPTANCE

OF PUBLIC WORKS CONTRACT
(C.C.C. 3093)
This document is for the benefit of the City of Campbell. Request for the Recordation without fee is made in accordance with Section 6103 of the Government Code of the State of California.

Contractor’s Name: Cupertino Electric Contract Date:10/20/2023 Surety: American Zurich Insurance Company Final Contract Amount: $197,900
Job Title: Installation of Electrical Transformer at the Campbell Community Center Bldg. A Location: Campbell Community Center Bldg. A
Scope of Work: Remove and replace Electrical Transformer that feeds power to Bldg. A, B, the Heritage Theater and the Q–Wing Classrooms
Owner: City of Campbell, City Hall, 70 North Street, Campbell, CA 95008 This work was accepted by me on _______________, 2022, on behalf of the City of Campbell. I certify under penalty of perjury that the foregoing is true and correct. (C.C.P. 2015.5) Executed on (Select Date),
at Campbell, California
Ron Taormina, Public Works Superintendent
Department of Public Works
City of Campbell

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Attachment: Notice of Completion (23-AA) (Accept the Community Center Transformer Replacement Project 23-AA and File Notice of

City
Council
Report

TITLE: Resolution Authorizing the Solicitation of Bids for the Building M Roof Replacement Project (CIP No. 24 -SS) and Approving the Subsequent Award of Contract to the Lowest, Responsive Bidder, in an Amount Not to Exceed $300,000, Plus a 20% Construction Contingency of $60,000; and Authorizing the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section 3.20.100, and the Public Works Director to Execute Contract Change Orders Up to and Within the Allocated Construction Contingency Amount (Resolution/Roll Call Vote)

RECOMMENDED ACTION

That the City Council adopt a resolution: 1) approving the plans and specifications, and authorizing the solicitation of bids, for the Building M Roof Replacement project (No. 24 - SS); 2) approving the subsequent award of contract to the lowest, responsive bidder, in an amount not to exceed $300,000, plus a 20% construction contingency of $60,000; 3) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100; and 4) authorizing the Public Works Director to negotiate and execute contract change orders up to and within the allocated construction contingency amount.

BACKGROUND

The Campbell Community Center (Center) is a unique community service complex that was once home to Campbell High School. In 1985, the City purchased the property from the Campbell Union High School District and transformed the existing site into several indoor and outdoor spaces dedicated to recreational programs and activities offered by the City. Currently, the Community Center is home to the City’s Recreation and Community Services Department and hosts a variety of tenants from outside organizations who rent office and classroom spaces for their own programs.

Since 1985, the City’s Public Works Department – Building Maintenance Section has maintained, repaired, and/or renovated the Community Center to meet the operational needs of these programs while ensuring the health and safety of staff and visitors alike.

These efforts have also been undertaken to help offset the demands placed on the aging infrastructure and mechanical systems throughout the property. With many of these older systems and infrastructure features still in operation, staff has worked Item: 8
Category: CONSENT CALENDAR
Meeting Date: January 22, 2024
8 Packet Pg. 45
CCC - Building M Roof Replacement Project (No. 24-SS) Page 2 of 5 proactively to uphold inspection schedules, implement routine maintenance measures, and address issues before they result in costly repairs.

Nevertheless, many of the Center’s older infrastructure features are nearing the end of their expected useful life – including the roofs on several of the property’s buildings and walkways. One of these is the Building M roof, which was installed more than thirty years ago and supports one of the Center’s largest buildings that is currently home to a variety of educational -based programs. As such, staff has prioritized the maintenance and repair needs of Building M to help mitigate the impacts of any mechanical and/or structural issues on those program operations and for the safety and comfort of those individuals who manage and attend them.

With regard to maintenance, most of the Building M roof repairs have been in response to weather-related events and/or issues that have resulted from prolonged exposure to the elements. Although repair needs are expected to increase over time, the frequency and severity of these repairs have increased significantly in recent years, with some issues requiring repeated repair attempts. Between 2018 and 2023, Building M has required multiple patch repairs to address leaks caused by severe winter rainstorms.

Furthermore, the large leak areas created by these storms have exposed a degradation of the roofing material not previously seen by maintenance staff during prior inspections and/or repair efforts. During that time, staff also discovered water damage to the roof’s substructure – an indication that the roof was no longer receptive to basic patch repairs and would require further investigation to identify a more long-term solution.

Separately, in early 2021, the City hired an outside consultant firm, the Garland Company (Garland), to perform a roofing assessment on all City -owned buildings and structures. In turn, the information provided through this assessment would be used by staff for planning purposes in the development of various Capital Improvement projects and their budgetary needs. When the assessments were completed, Garland prepared a report with the details of their findings for each of the buildings and/or structures inspected at various City locations (i.e., the Community Center, City Hall, etc.). The report also included repair/replacement recommendations based on the current conditions of each roof, its remaining useful life, and any structural deficiencies identified at the time of the assessment.

While the assessment was citywide, a majority of these inspections were performed on the buildings and walkways located at the Campbell Community Center – including Building M. As detailed in the assessment report, Garland identified several deficiencies on the Building M roof (see attachment B) – many of which were consistent with the same issues being reported by staff in recent years. Although the roof had useful life remaining, Garland recommended that the City begin implementing a course of action by 2022 to mitigate the impacts of further structural damage. As such, many of the recommendations from Garland consisted of temporary repairs and a continuance of routine maintenance efforts, which in turn, would provide staff with more time to identify long-term solutions for implementation at a later time. 8 Packet Pg. 46
CCC - Building M Roof Replacement Project (No. 24-SS) Page 3 of 5 After reviewing the recommendations from Garland, staff ultimately determined that the complete replacement of the Building M roof was the more feasible option as it reduced the need for frequent repairs and their associated maintenance costs. Over time, this would increase the City’s long -term cost savings and generate capacity within the maintenance budget for other project and repair needs. Therefore, in 2022, a Capital Improvement Project was created for the replacement of the Building M roof (CCC – Building M Roof Replacement Project, CIP Project No. 24 -SS), with funding in the amount of $400k allocated to the project budget. Since the project was created toward the end of FY 2022/23, it would be included as part of the proposed CIP projects presented with the City’s annual budget for FY 2023/24.

DISCUSSION

In June 2023, the CCC – Building M Roof Replacement project (No. 24 -SS) was approved with the adoption of the City’s annual CIP budget for FY 2023/2024. Upon its adoption, staff began developing the scope of work that would serve as the blueprint for the project’s construction. During those efforts, staff determined that the project would require specific labor and equipment services only available through contractors specializing in roof-related repair and installation work. Therefore, staff began preparing the construction specifications with an advertisement to solicit bids (proposals) from contractors interested in providing the services necessary to complete the project in a timely and efficient manner. Furthermore, it also encourages local vendors to submit proposals with more competitive rates as opposed to other vendors in this same area of the market. In turn, the process allows staff to select and hire a contractor based on the results from the lowest, responsive bidder and their ability to meet the project’s required qualifications as determined by staff’s review of the proposals received.

In December 2023, staff finalized the construction specifications for the Building M Roof replacement project and its solicitation of bids (attachment C). Based on the scope of work proposed, staff anticipates that the total costs associated with the project will be approximately $300,000. Therefore, staff will refer to this amount as part of their evaluations of the bids (proposals) received.

NEXT STEPS

At this time, staff is requesting that the City Council approve the plans and specifications for the CCC – Building M Roof Replacement project (No. 24 -SS) and authorize staff to solicit bids from qualified contractors interested in providing the services necessary to complete the project as advertised. Pending this authorization, staff will advertise the solicitation of bids and begin the review process for those applications received by 2:00 pm on Monday, February 26, 2024. In accordance with the City’s purchasing guidelines, staff will complete a comprehensive evaluation of the bids received and select a contractor based on the results from the lowest, responsive bidder and their qualifications to perform the work.

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CCC - Building M Roof Replacement Project (No. 24-SS) Page 4 of 5 To facilitate the project’s implementation, staff is also requesting City Council’s approval and authorization to award a service contract to the lowest, responsive bidder, in an amount not to exceed $300,000, to provide the labor and equipment services needed to complete the project, and an additional 20% construction contingency ($60,000) for any unforeseen work and/or services that may be required during its implementation. As such, staff requests that the City Council authorize the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100 and authorize the Public Works Director to negotiate and execute contract change orders up to and within this allocated construction contingency amount.

Should the City Council grant this authorization, staff will incorporate the applicable project details into the City’s standard Contract Services Agreement (attachment D) and prepare a final copy to be distributed to all appropriate parties for their review and signatures. When the contract has been fully executed, staff will issue the contractor a notice to proceed specifying the date that work may commence on site and assist with coordination efforts as needed through the project’s completion.

FISCAL IMPACT
Sufficient funding is available in the City’s approved CIP budget for the CCC – Building M Roof Replacement project (No. 24 -SS) to award a service contract in an amount not to exceed $300,000, plus an additional 20% construction contingency of $60,000.

However, the final contract and contingency amounts may be adjusted to reflect the figures submitted in the proposal from the lowest, responsive bidder.

ALTERNATIVES

1. Do not authorize the solicitation of bids and approval to award a service contract to the lowest, responsive bidder for the CCC – Building M Roof Replacement project (No. 24-SS).

2. Provide alternative direction to staff.

Prepared by:

Carina Shattuck, Administrative Analyst I
Reviewed by:

Todd Capurso, Director of Public Works
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CCC - Building M Roof Replacement Project (No. 24-SS) Page 5 of 5

Approved by:

Brian Loventhal, City Manager

Attachment:
a. Resolution
b. The Garland Company - Roof Assessment Report for Community Center Building M c. Construction Specifications and Bid Solicitation for Building M Roof Replacement Project (No. 24-SS)
d. Contract Services Agreement for CCC – Building M Roof Replacement (Sample) 8 Packet Pg. 49
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL 1) APPROVING THE

PLANS AND SPECIFICATIONS, AND AUTHORIZING THE SOLICITATION OF BIDS, FOR THE CCC – BUILDING M ROOF REPLACEMENT PROJECT (NO. 24-SS); 2) APPROVING THE

SUBSEQUENT AWARD OF A SERVICE CONTRACT TO THE LOWEST, RESPONSIVE BIDDER, IN AN AMOUNT NOT TO EXCEED $300,000, PLUS AN ADDITIONAL 20% CONSTRUCTION CONTINGENCY OF $60,000; 3) AUTHORIZING THE CITY MANAGER TO

EXECUTE SAID AGREEMENT AS SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION

3.20.100; AND 4) AUTHORIZING THE PUBLIC WORKS DIRECTOR TO NEGOTIATE AND

EXECUTE CONTRACT CHANGE ORDERS UP TO AND WITHIN THE ALLOCATED CONSTRUCTION CONTINGENCY.

WHEREAS, since 1985, the City’s Public Works Department – Building Maintenance Section has maintained, repaired, and/or renovated the Community Center to meet the operational needs of various programs while ensuring the health and safety of staff and visitors alike; and WHEREAS, many of the Center’s older infrastructure features are nearing the end of their expected useful life – including the roofs on several of the property’s buildings and walkways; and WHEREAS, one of these is the Building M roof, which was installed approximately thirty years ago and supports one of the Center’s largest buildings that hosts a variety of educational -based programs; and
WHEREAS, between 2018 and 2023, Building M has required multiple patch repairs to address leaks caused by severe winter rainstorms, which in turn, have exposed a severe degradation of the roofing material and water damage throughout its substructure; and WHEREAS, these issues have indicat ed that the roof is no longer receptive to basic patch repairs and would require further investigation to identify a more long-term solution; and WHEREAS, in early 2021, the City hired an outside consultant firm, the Garland Company (Garland), to perform a roofing assessment on all City-owned buildings and structures – including those located at the Community Center; and
WHEREAS, per Garland’s inspection of the Building M roof, several deficiencies were identified and recommended for corrective action by 2022; and
WHEREAS, based on the results from Garland’s assessment, staff ultimately determined that the complete replacement of the Building M roof was a more feasible option as it reduced the need for frequent repairs and their long-term maintenance costs; and WHEREAS, in 2022, a Capital Improvement Project was created for the replacement of the Building M roof (CCC – Building M Roof Replacement Project, CIP Project No. 24 -SS), with funding in the amount of $400k allocated to the project budget; and
WHEREAS, in June 2023, the CCC – Building M Roof Replacement project was approved with the adoption of the City’s annual CIP budget for FY 2023/2024; and WHEREAS, while developing the project’s scope of work, staff determined that its implementation would require specific labor and equipment services from a specialized roofing contractor; and

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Attachment: Resolution (CCC - Building M Roof Replacement Project (No. 24-SS))

WHEREAS, when the project’s construction specifications were finalized in December 2023, they included an advertisement to solicit bids from qualified contractors interested in providing these services; and

WHEREAS, based on the proposed scope of work , staff estimates that the project will cost approximately $300,000 to complete; and

WHEREAS, with sufficient funds available in the project’s current CIP budget, staff is requesting that the City Council approve the plans and specifications for the CCC – Building M Roof Replacement project (No. 24-SS) and authorize staff to solicit bids (proposals) from qualified contractors; and

WHEREAS, in accordance with the City’s purchasing guidelines, staff will complete a comprehensive evaluation of the bids received and select a contractor based on the results from the lowest, responsive bidder and their qualifications to perform the work; and

WHEREAS, pending those bid results, staff is also requesting the City Council’s approval to award a service contract to the lowest, responsive bidder, in an amount not to exceed $300,000, and an additional 20% construction contingency ($60,000 ) for any unforeseen work or services required during its implementation; and

WHEREAS, staff requests that the City Council authorize the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100 and authorize the Public Works Director to negotiate and execute contract change orders up to and within this allocated construction contingency amount.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby: 1) approve the plans and specifications, and authorize the solicitation of bids, for the Building M Roof Replacement project (No. 24-AA); 2) approve the subsequent award of a service contract to the lowest, responsive bidder, in an amount not to exceed $300,000, plus an additional 20% construction contingency of $60,000; 3) authorize the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100; and 4) authorize the Public Works Director to negotiate and execute contract change orders up to and within the allocated construction contingency amount.

BE IT FURTHER RESOLVED, should the lowest, responsive bidder propose a total contract amount that is less than the amount approved for award by the City Council at this time ($300,000), the contract services agreement will reflect the contractor’s final award amount, with the construction contingency to be adjusted accordingly based on 20% of that final contract amount.

PASSED AND ADOPTED this 22nd day of January, 2024, by the following roll call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

APPROVED:
_________________________________
Susan M. Landry, Mayor

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Attachment: Resolution (CCC - Building M Roof Replacement Project (No. 24-SS)) ATTEST:
___________________________
Andrea Sanders, City Clerk

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Attachment: Resolution (CCC - Building M Roof Replacement Project (No. 24-SS))

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Attachment: The Garland Company - Roof Assessment Report for Community Center Building M (CCC - Building M Roof Replacement Project

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Attachment: The Garland Company - Roof Assessment Report for Community Center Building M (CCC - Building M Roof Replacement Project

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Attachment: The Garland Company - Roof Assessment Report for Community Center Building M (CCC - Building M Roof Replacement Project

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Attachment: The Garland Company - Roof Assessment Report for Community Center Building M (CCC - Building M Roof Replacement Project

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Attachment: The Garland Company - Roof Assessment Report for Community Center Building M (CCC - Building M Roof Replacement Project

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Attachment: The Garland Company - Roof Assessment Report for Community Center Building M (CCC - Building M Roof Replacement Project

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Attachment: The Garland Company - Roof Assessment Report for Community Center Building M (CCC - Building M Roof Replacement Project

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Attachment: The Garland Company - Roof Assessment Report for Community Center Building M (CCC - Building M Roof Replacement Project

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Attachment: The Garland Company - Roof Assessment Report for Community Center Building M (CCC - Building M Roof Replacement Project

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Attachment: The Garland Company - Roof Assessment Report for Community Center Building M (CCC - Building M Roof Replacement Project

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Attachment: The Garland Company - Roof Assessment Report for Community Center Building M (CCC - Building M Roof Replacement Project

CITY OF CAMPBELL

SPECIFICATIONS

FOR THE CONSTRUCTION OF

CAMPBELL COMMUNITY CENTER BUILDING M ROOF

REPLACEMENT
PROJECT NO. 24-SS

The work embraced herein shall be done in accordance with the City of Campbell Standard Specifications and Details for Public Works Construction (CCSS) dated July 1994, and in accordance with the project plans, specifications, and these Special Provisions. Attention is also directed to the City of San Jose Standard Specifications (SJSS) and Standard Details (SJSD) dated July 1992, the State of California, Department of Transportation, Standard Specifications (SS) and Standard Plans (SSP) dated May 2006, portions of which are incorporated into the CCSS by reference and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished , the General Prevailing Wage Rates.

BIDS DUE BY:

Time: 2:00 P.M.

Date: 2/26/2024
City Clerk’s Office
Campbell City Hall
70 N. First Street
Campbell, CA 95008-1423

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Attachment: Construction Specifications and Bid Solicitation for Building M Roof Replacement Project (No. 24-SS) (CCC - Building M Roof i
Table of Contents
NOTICE INVITING BIDS ............................................................................................................................... i BID PROPOSAL FORMS ............................................................................................................................. 1 BASE BID SCHEDULE .......................................................................................................................... 7 ADDITIVE ALTERNATE SCHEDULE “A” .............................................................................................. 8 ADDITIVE ALTERNATE SCHEDULE “B” .............................................................................................. 9 STATEMENT OF SUBCONTRACTORS.............................................................................................. 10 EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION ............................................................... 11 NONCOLLUSION AFFIDAVIT ............................................................................................................. 12 DIR REGISTRATION STATEMENT..................................................................................................... 13 CERTIFICATION REGARDING DEBARMENT ................................................................................... 14 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT .......................................................... 15 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ..................................................... 16 PUBLIC CONTRACT CODE SECTION 10232 STATEMENT ............................................................. 17 DEBARMENT AND SUSPENSION CERTIFICATION ......................................................................... 18 BID BOND FORM ................................................................................................................................. 20 BID BOND ............................................................................................................................................ 21 CONTRACT DOCUMENTS .......................................................................................................................... 1 BOND FOR FAITHFUL PERFORMANCE ............................................................................................. 6 BOND FOR LABOR AND MATERIAL .................................................................................................... 7 BOND FOR FAITHFUL PERFORMANCE OF MAINTENANCE PERIOD ............................................. 8 SPECIAL PROVISIONS ............................................................................................................................... 1 GENERAL PROVISIONS ............................................................................................................................. 2 SECTION 1. SPECIFICATIONS AND PLANS ................................................................................... 2 General............................................................................................................................................. 2 Special Provisions Section 1 – Section 10....................................................................................... 2 SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS ..................................................... 2 General............................................................................................................................................. 2 Bid Opening ..................................................................................................................................... 3 Proposal Guaranty ........................................................................................................................... 3 Mandatory Pre-Bid Meeting ............................................................................................................. 3 Pre-Bid Site Inspection..................................................................................................................... 3 SECTION 3. AWARD AND EXECUTION OF CONTRACT ................................................................ 3 Determination Of Low Bid ................................................................................................................ 3 Contract Award ................................................................................................................................ 4 Contractor Licenses and Requirements........................................................................................... 4 SECTION 4. SCOPE OF WORK ......................................................................................................... 5 Description of Work .......................................................................................................................... 5 Locations of Work ............................................................................................................................ 5 SECTION 5. CONTROL OF WORK .................................................................................................... 5 Maintenance and Access to Records .............................................................................................. 5 Order of Work ................................................................................................................................... 5 Contractor Staging & Good Neighbor Guidelines ............................................................................ 5 Pre-Construction Conference .......................................................................................................... 6 SECTION 6. CONTROL OF MATERIALS .......................................................................................... 6 Contractor Submittals ....................................................................................................................... 6

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Attachment: Construction Specifications and Bid Solicitation for Building M Roof Replacement Project (No. 24-SS) (CCC - Building M Roof ii
Material Submittal Format ................................................................................................................ 6 Substitutions ..................................................................................................................................... 8 Specified “Or Equal” Items ............................................................................................................. 10 Materials Submittal List .................................................................................................................. 11 SECTION 7. LEGAL RELATIONS AND RESPONSIBILITY ............................................................ 12 Claims ............................................................................................................................................ 12 Worker’s Compensation ................................................................................................................. 17 Insurance Requirements ................................................................................................................ 17 Public Safety .................................................................................................................................. 19 Labor Nondiscrimination ................................................................................................................ 19 Apprentices .................................................................................................................................... 23 Prevailing Wage ............................................................................................................................. 23 Department of Industrial Relations and Certified Payroll Records................................................. 24 SECTION 8. PROSECUTION AND PROGRESS ............................................................................. 25 General........................................................................................................................................... 25 Hours of Work ................................................................................................................................ 25 Time of Completion ........................................................................................................................ 25 Contract Sum ................................................................................................................................. 25 Liquidated Damages ...................................................................................................................... 25 SECTION 9. MEASUREMENT AND PAYMENT .............................................................................. 25 General Measurement and Payment Requirements ..................................................................... 25 SECTION 10. TECHNICAL PROVISIONS.......................................................................................... 26 10-1 CONSTRUCTION REQUIREMENTS ........................................................................... 26 Project Plans .................................................................................................................................. 26 There are no separate plans for this project. The descriptive specifications, details, diagrams, location map, and photos included in the specifications are considered the Plans. ...................... 26 Mobilization .................................................................................................................................... 26 Progress Schedule/Record Drawings ............................................................................................ 26 Cooperation .................................................................................................................................... 26 24-Hour Contact Number ............................................................................................................... 26 Meetings ......................................................................................................................................... 26 Waste Haulers and Recycling Operations ..................................................................................... 27 Project Appearance and Street Sweeping ..................................................................................... 27 Dust/Erosion/Drainage Control ...................................................................................................... 27 Recycled Water/Non-Potable Water .............................................................................................. 27 Measurement and Payment ........................................................................................................... 28 10-2 PUBLIC SAFETY................................................................................................................... 28 Maintenance of Pedestrian Access and Circulation ...................................................................... 28 Access Requirements .................................................................................................................... 29 The Contractor shall maintain access to all businesses and public facilities at all times unless otherwise approved by the Project Manager. ................................................................................ 29 10-3 EXISTING FACILITIES ......................................................................................................... 29 General........................................................................................................................................... 29 Protect Existing Facilities To Remain ............................................................................................ 29 10-4 DEMOLITION ....................................................................................................................... 30 Description of Work ........................................................................................................................ 30 Review............................................................................................................................................ 30 Standards ....................................................................................................................................... 30 Schedule ........................................................................................................................................ 30 General Operations ........................................................................................................................ 30 Removals ....................................................................................................................................... 30

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Attachment: Construction Specifications and Bid Solicitation for Building M Roof Replacement Project (No. 24-SS) (CCC - Building M Roof iii
Utilities and Public Facilities ........................................................................................................... 31 10-5 Roofing replacement ............................................................................................................ 31 Contractor Quality Control.............................................................................................................. 31 ROUGH CARPENTRY ............................................................................................................................... 34 PREPARATION FOR ROOF REPLACEMENT ....................................................................................... 359 MODIFIED BITUMINOUS MEMBRANE ROOFING .................................................................................. 43 SHEET METAL FLASHING AND TRIM…………………………………………………………………………58 METAL WALL PANELS………………………………………………………………………………………….. 64

APPENDICES ........................................................................................................................................ 1 Appendix A: Substitution Request Form ................................................................................................ 1 Appendix B: Construction Workday Calendar ........................................................................................ 1 Appendix C: Best Management Practices for the Construction Industry ............................................... 1 Appendix D: City’s Storm Water Pollution Control Requirements .......................................................... 1 Appendix E: South Bay Water Recycling Program ................................................................................ 1 Appendix F: California Prevailing Wage Rates ...................................................................................... 1 Appendix G: California Public Contract Code Section 9204 .................................................................. 1 Appendix H: Site Map ............................................................................................................................. 1

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Attachment: Construction Specifications and Bid Solicitation for Building M Roof Replacement Project (No. 24-SS) (CCC - Building M Roof

NOTICE INVITING BIDS

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CITY OF CAMPBELL

DEPARTMENT OF PUBLIC WORKS

NOTICE INVITING BIDS

FOR CONSTRUCTION OF

CAMPBELL COMMUNITY CENTER BUILDING M ROOF

REPLACEMENT
PROJECT NO. 24-SS

1. Date and Place of Opening Bids. Notice is hereby given that sealed bids will be received at the Office of the City Clerk of the City of Campbell (City or Owner), 70 N. First Street, Campbell, CA 95008-1423 until 2:00 PM, Monday, February 26, 2024, for the foregoing project. Prospective bidders are to call the City Clerk at (408) 866 -2117 to coordinate delivery. BIDS RECEIVED AFTER THE DATE AND TIME STATED ABOVE WILL NOT BE CONSIDERED.

The bid opening, which is in compliance with the Brown Act, will be conducted in person in the Council Chambers at Campbell City Hall (70 N. First Street, Campbell, CA) at 2:30PM, on February 26, 2024. The bids so submitted will be publicly opened and read aloud at that time.

2. Location of Work. The work that is to be performed is at the Campbell Community Center Building M, located at 1 West Campbell Avenue within the City of Campbell. Building M is located within the Campbell Community Center campus and bordered by Campbell Avenue on the south and Winchester Boulevard on the east.

3. Scope of Work. The work to be performed, in general, consists of furnishing all labor, tools, equipment, transportation, and materials required to complete the CAMPBELL COMMUNITY CENTER BUILDING M ROOFING REPLACEMENT, PROJECT 24-SS.

The scope of work generally includes but is not limited to the following: The project involves removing the exi sting surface and installing a new bituminous roofing material onto the surface of the building roof line , including the installation of metal flashing and trim.

4. For additional information, please contact City of Campbell, Public Works Department, Project Manager, David Fanucchi, (408) 866-2194, [email protected].

The Contractor’s duty to pay State prevailing wages can be found under Labor Code Section 1770 et seq. and Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment.

Bids are required for the entire work described in the project plans, specifications, and contract documents, and must be submitted on the forms contained therein. Special attention shall be directed to pages BP -3 of the Bid Proposal forms, which list all required documents to be submitted at the time of bid.

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Time for completion of the work is 45 WORKING DAYS for all work.

This contract is subject to state contract nondiscrimination and compliance requirements pursuant to Government Code, Section 12990.

The City of Campbell affirms that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation.

5. Proprietary Products. Approval of substitution requests for the roofing products will be by addendum only. Substitution Requests for “or equal” products must be submitted per Section 6 Control of Materials.

6. Contract Documents. Interested parties may view Contract Documents, including, but not limited to, the Notice Inviting Bids, instructions to bidders, specifications, special provisions, bid forms and Contract may be seen on the Quest website at no charge. The digital Contract Documents may be downloaded for $15.00 by inputting the Quest CDN Project #xxxxxxx on the websites’ Project Search page. Please contact QuestCDN.com at (952) 233-1632 or [email protected] for assistance in free membership, registration, downloading, and working with this digital project information. To be included on the plan holders list, receive notification of addenda, and to be eligible to bid, interested parties must download the Cont ract Documents from Quest CDN. Those downloading the Contract Documents assume responsibility and risk for completeness of the downloaded Contract Documents.

7. Bid Security. Each bid shall be accompanied by one of the following forms of bidder’s security: cash, certified or cashier's check drawn upon a responsible bank, or Bid Bond executed by an admitted surety insurer, made payable to the City of Campbell. The bidder’s security shall be in an amount equal to at least ten percent (10%) of the total bid price and shall be conditioned to be forfeited to the City of Campbell in the event that the bidder, if their bid is accepted, does not execute the Contract for th is project and provide the required bonds (including, but not limited to, payment and performance bonds), certificates of insurance, and endorsements within ten (10) working days of the mailing to the bidder of the Notice of Award. A bid will not be considered unless one of the approved forms of bidder's security is enclosed with it.

8. Award of Contract . All terms and conditions contained in the contract documents shall become a part of the Contract for this project. The Contractor agrees to honor the submitted Bid Proposal for a period of at least 90 -calendar days after the opening of the Bid Proposal. It is anticipated that the Contract for this project will be awarded to the lowest responsible responsive bidder. A bid may be rejected if the City determines that any of the bid item prices are materially unbalanced to the potential detr iment of the City. To the fullest extent permitted by law, the City reserves and maintains the right to reject any and all bids and to waive any bid informality or irregularity at its discretion.

9. Prevailing Rate of Wage. The work contemplated by the contract documents is a public work subject to prevailing wages under California Labor Code Section 1770 et. seq.

Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. In accordance with Sectio ns 1770 through 1780 inclusive of the California Labor Code, the City has obtained from the

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Department of Industrial Relations the general prevailing rates of wages in the locality in which the work is to be performed. The Contractor to whom the Contract for this project is awarded and any subcontractors must pay not less than the specified preva iling rates of wages to all workers employed in the execution of the Contract. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations and/or the City of Campbell. Pursuant to Section 1773.2 of the Labor C ode, general prevailing wage rates included in the Bid Proposal and Contract for the project shall be posted by the Contractor at a prominent place at the site of the work. Copies of the prevailing rates of wages for this project are found in Appendix F of the Project Specifications.

Attention is directed to the Federal minimum wage rate requirements in the bid proposal.

If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, th e Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Fede ral minimum wage determinations. This includes “helper” (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations.

Where federal wage determinations do not contain the State wage r ate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate, which most closely approximates the duties of the employees in question.

Each Contractor and Subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, and the City of Campbell, in the following manner: (a) Monthly, and (b) In a format prescribed by the Labor Commissioner.

10. Substitution of Securities . Pursuant to Section 22300 of the California Public Contract Code, the Contractor may substitute certain securities for moneys withheld by the City to ensure performance under the Contract, or, in the alternative, may request the City to make payment of retentions earned directly to an escrow agent at Contractor’s expense.

11. Licenses. All bidders, contractors and subcontractors shall be licensed in accordance with the laws of the State of California. All contractors and subcontractors shall have and maintain a current and valid contractor license of the required classification from the State of California throughout the course of this project.

In addition, the bidder/contractor shall possess a valid Class “A” General Engineering Contractor License or a C-39 Roofing Contractors License at the time of bid, except that on a joint venture bid a joint venture license may be obtained by a combination of licenses after bid opening but before award in accordance with California Business and Professions Code Section 7029.1. For a federal-aid contract, the bidder must be properly licensed as a contractor from Contract award through Contract acceptance (Cal . Pub. Cont. Code §20103.5). Bidder/contractor shall maintain said license throughout the entire project until Notice of Completion has been issued. Failure to possess the specified license at the time the bid is submitted shall render the bid non-responsive and shall act as a bar to award of the Contract to any bidder not possessing said license at bid submission and result in a forfeiture of the bid security. Bidder/contractor is required to provide with its bid satisfactory proof of licensure to the City.

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12. Business License. All contractors and subcontractors working in the City of Campbell must have a valid City of Campbell Business License at the time the Contract is awarded.

Business Licenses may be purchased at the Finance Department at 70 N. First Street, Campbell, California. Business License application can be downloaded at:
https://www.ci.campbell.ca.us/152/Business-Licenses

13. Mandatory Pre-Bid Meeting. Prospective bidders are required to attend a mandatory pre- bid meeting which will be conducted at the Campbell Community Center Building M on Wednesday, February 14, 2024 . Bids for this project will not be accepted from bidders/contractors that did not attend the Mandatory Pre -Bid Meeting. It is highly advisable for prospective bidders to conduct a Pre-Bid Site Review prior to attending the meeting.

14. Pre-Bid Site Review. Prospective bidders are required to conduct a review of the project site prior to bid. The purpose of the site visit is to acquaint the bidders with the site conditions and other local conditions that may affect the performance and costs of the work prior to submittin g a bid proposal. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and scope of work to be performed and the quantities of materials to be furnished, and as to the requirements of these Notice Inviting Bids, instructions to bidders, plans and specifications, drawings, special provisions, and the Contract.

15. Apprentices. Attention is directed to Sections 1777.5, 1777.6 and 1777.7 of the California Labor Code and Title 8, California Administrative Code, Section 200 et seq. to ensure compliance and complete understanding of the law regarding apprentices. Contractors and subcontractors shall comply with all such requirements concerning the employment and wages of apprentices. Bidder/contractor is responsible for the complia nce of its subcontractors with California Labor Code Sections 1777.5, 1777.6 and 1777.7.

16. State of California Department of Industrial Relations (DIR) Registration. This project is subject to compliance monitoring and enforcement by the DIR pursuant to California Labor Code Section 1771.4.

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code Section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the DIR pursuant to Labor Code Section 1725.5.

17. Resolution of Construction Claims . Each bidder is hereby notified of California Public Contract Code Section 9204 (a copy of which is included as Appendix G in the Project Specifications) as such section relates to resolution of construction claims. All provisions of Public Contract Code Section 9204 are incorporated into and form an integral part of the contract documents for this project. Failure of a publi c entity to respond to a claim within the time periods described in Public Contract Code Section 9204 shall result in the claim being deemed rejected in its entirety.

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18. In the procurement of supplies, equipment, construction, and services by sub -recipients, the conflict-of-interest provisions in (State LCA - 24 CFR 85.36 and Non -Profit Organizations – 24 CFR 84.4), OMB Circular A -110, and 24 CFR 570.611, respectively, shall apply. No employee, officer or agent of the sub-recipient shall participate in selection, or in the award or a dministration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved.

19. Women and Minority Business Enterprises. The requirements relating to Minority-Owned and Women -Owned Business Enterprises set forth in Executive Order No. 11625 of October 13, 1971, 36 Fed. Reg. 19967, as amended by Executive Order No, 12007 of August 22, 1977, 42 Fed. Reg. 42839; and Executive Order No. 12432 of July 14, 1983, 48 Fed. Reg., 32551; and Executive Order No. 12138 of May 18, 1979, 44 Fed. Reg. 29637, a SUBRECIPIENT must exercise affirmative outreach efforts when soliciting bids for service or construction when the Federal funds received by the SUBRECIPIENT or subcontractor exceeds $10,000 and when the SUBRECIPIENT or subcontractor is a for- profit organization/business.20.

20. Project Administration. All questions relative to this project prior to the opening of bids shall be submitted in writing and received no later than 5PM on February 20, 2024 .

Questions shall be directed to:

City of Campbell
Public Works Department
70 N. 1st Street
Campbell, CA 95008-1423
Attention: David Fanucchi
Telephone: (408) 866-2194
Email: [email protected]
Fax: (408) 376-0958

CITY OF CAMPBELL
_________________________________________
Andrea Sanders, City Clerk

Publish: January 29, 2024
February 5, 2024

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BID PROPOSAL FORMS

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FORMAL BID PROPOSAL

TO THE CITY OF CAMPBELL, CALIFORNIA

FOR CONSTRUCTION OF
CAMPBELL COMMUNITY CENTER BUILDING M ROOF REPLACEMENT, PROJECT NO. 24 -SS

NAME OF BIDDER

BUSINESS ADDRESS

TELEPHONE

TO THE CITY OF CAMPBELL:

The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that the bidder has carefully examined the site and has full knowledge of and understands all the provisions and contents of this proposal and the documents attached hereto or referenced herein, including, but not limited to, the City of Campbell Standard Specifications and Details for Public Works Construction (CCSS) dated July 1994, the City of San Jose Standard Specifications and its Amendments (SJSS) and the City of San Jose Standard Details (SJSD), and in accordance with the project plans, and specifications. Attention is also directed to the State of California, Department of Transportation, Standard Specifications (SS) and Standard Plans (SSP) dated May 2006, portions of which are incorporated into the CCSS by reference and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished, the General Prevailing Wage Rates and the Santa Clara County Community Development Block Grant (CDBG) City/County Contract between the County of Santa Clara and City of Campbell (Contract No. Ca -22-01 Campbell Community Center Track , and the Project Plans and Specifications entitled:

CAMPBELL COMMUNITY CENTER BUILDING M ROOF REPLACEMENT, PROJECT NO. 24-SS, Bidder accepts all the terms and conditions of the Contract Documents, including without limitation those in the Notice Inviting Bids, plans and specifications, drawings, special provisions, addenda, and Contract.

This bid will remain open for the period stated in the Notice Inviting Bids. If this Bid Proposal is accepted for award, Bidder will enter into a Contract (using the City of Campbell’s standard form) at the unit and/or lump sum prices set forth in followin g Bid Schedule, and will furnish the insurance certificates and endorsements, Bond for Faithful Performance, Bond for Labor and

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Materials, Bond for Faithful Performance of Maintenance Period, and Permits required by the Contract Documents within ten (10) working days of the mailing to the bidder of the Notice of Award. Bidder understands that if this Bid Proposal is accepted and the undersigned bidder fails to enter into the Contract, and to furnish the required bonds, insurance certificates and endorsements, in the manner and time prescribed, the City may, at its option, determine that the bidder has abandoned its contract, and thereupon this Bid Proposal and the acceptance thereof shall be null and void, and the bid security accompanying this Bid Proposal shall be forfeited to and become the property of the City of Campbell.

Bidder has carefully examined the work site and copies of all the Contract Documents, including, but not limited to, all of the project Addenda. Bidder must include with its Bid Proposal signed and dated copies of all project Addenda. By signing the Addenda, the bidder acknowledges receipt of such Addenda and that all changes reflected in such Addenda are incorporated in the Bid Proposal and final submitted bid pricing.

Accompanying this Bid Proposal are the following documents, completely filled in by the bidder and incorporated herein by reference:

1. Formal Bid Proposal

2. Bid Schedule of Quantities / Unit Costs / Extended Prices

3. Statement of Subcontractors

4. Equal Employment Opportunity Certification

5. Non-Collusion Affidavit

6. DIR Registration Statement

7. Certification Regarding Debarment

8. Public Contract Code Section 10285.1 Statement

9. Public Contract Code Section 10162 Questionnaire

10. Public Contract Code Section 10232 Statement

11. Debarment and Suspension Certification, Title 49, Code of Federal Regulations, Part 29 12. Appendix J – Item III: MBE/WBE Standard Bid Document Language For Construction Contracts Over $10,000

13. Appendix J – Item V: MBE/WBE Suggested Bid Document Language For Minority/Women's Business Enterprise Construction Projects

14. Cash, a cashier’s check made payable to the City, certified check made payable to the City, or Bid Bond executed by a corporate Surety insurer possessing a valid Certificate of Authority issued by the California Department of Insurance, in an amount equal to at least ten percent (10%) of the total bid.

15. Bidders shall submit a copy of their company’s resolution/power of attorney which identifies those who have authority to sign and submit bids and contracts on behalf of the company.

16. Project Addenda.

The City may, at its option, request additional or supplemental information after bid opening.

Bidder understands that the City reserves the right to reject any or all bids and to waive any informalities or irregularities in the bidding to the fullest extent permitted by law.

Bidder has familiarized itself with the nature and extent of the Contract Documents, the Work, the project site, the locality where the Work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), an d the conditions affecting cost, progress

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and/or performance of the Work and has made such independent investigations as Bidder deems necessary.

In conformance with California Labor Code Section 1860, et seq ., the undersigned bidder confirms and certifies the following:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker’s compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

The bid shall include all work required to develop, administer and construct the project as described throughout the Contract Documents (including, but not limited to, the Plans and Specifications and drawings) in its entirety. The Bidder shall be responsi ble for reviewing the descriptions and providing a Bid Proposal that includes an understanding of the total project.

Bidder agrees to complete the Work required under the Contract Documents (including, but not limited to, all Bid Schedules, Statement of Subcontractors, Bidder’s General Information, Non - Collusion Affidavit, and certifications, statements and questionnaires contained in these Bid Forms) within the Contract Time specified, and to accept as full payment the Contract Price based on the Lump Sum or Unit Bid Price(s) listed in the Bid Schedule(s).

If the bidder is an individual, the individual’s full first and last name, together with the signature of the individual shall be set forth below. If bidder is an individual, doing business under a fictitious name, the name of the individual followed by the words "doing business under (insert the fictitious name)", together with the signature of the individual shall be set forth below. If the bidder is a corporation, the legal name of the corporation, together with the signature of the officer(s) of the corporation authorized to sign bids and contracts on behalf of the corporation and such officer’s corporate title, with the corporate seal affixed shall be set forth below. If the bidder is an LLC, the legal name of the LLC shall be set forth below, together with the signature of the officer(s) or manager(s) of the LLC authorized to sign bids and contracts on behalf of the LLC and such officer’s or manager’s title shall be set forth below. If the b idder is a partnership, the legal name of the partnership, if o ne exists, together with the signature of the partner(s) authorized to sign bids and contracts on behalf of the partnership shall be set forth below. If any of the partners are corporations, execution for such partner(s) shall be accomplished in accordance with the requirements set forth above for corporations. If any of the partners are partnerships, execution for such partner(s) shall be accomplished in accordance with the requirements set forth above for partnerships. If the bidder is a joint-venture, the legal name of the joint -venture, if one exists, together with the names of all joint-venture members comprising the joint-venture, the signature(s) of the manager(s) authorized to sign bids and contracts on behalf of the joint -venture and such manager(s) title shall be set forth below. If any of the joint -venture members are corporations, execution for such joint -venture member shall be accomplished in accordance with the requirements set forth above for corporations. If any of the joint -venture members a re partnerships, execution for such joint-venture members shall be accomplished in accordance with the requirements set forth above for partnerships.

Anyone signing the Bid Proposal or any other bid form as an agent of the bidder must submit with the bid package legal evidence of his or her authority to sign such Bid Proposal or other bid form.

If bidder is a corporation, LLC, partnership, joint venture or other legal entity, bidder must submit with the bid package a resolution stating who is authorized to sign bid documents and enter into contracts on the bidder’s behalf. If the signature is by an agent other than an officer of a

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corporation, or member of a partnership, a Power of Attorney must be on file with the City Clerk prior to opening of bids or submitted with the bid; otherwise, the bid may be rejected as non - responsive.

By my signature on this Bid Proposal I certify, under penalty of perjury under the laws of the State of California, that the questionnaire and statements of California Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this Bid Proposal I further certify, under penalty of perjur y under the laws of the State of California and the United States of America, that the statements made in the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.

The undersigned declares under penalty of perjury that the information contained in this Bid Proposal and all accompanying bid forms and documents is true and correct.

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ADDENDUM ACKNOWLEDGEMENT
BY SIGNING THIS BID PROPOSAL, THE BIDDER ALSO ACKNOWLEDGES ADDENDA NOS. __________________________ AND THAT THE CHANGES CONTAINED THEREIN ARE INCORPORATED AND REFLECTED IN THIS BID PROPOSAL.

Executed on the day of , 20___

________________________________________

SIGNATURE OF BIDDER

By: ______________________________________

Title: ___________________________________

Name of
Contractor: _______________________________

Address: _________________________________

Telephone: _______________________________

State Contractor License No.: _________________

Classification: _____________________________

Expiration Date: ___________________________

DIR Registration #: ________________________

NOTE--Signature(s) of bidder(s) must be notarized.

NOTE: If any addenda to the contract documents are issued for this project, this Bid Proposal signature page and all associated bid forms must be signed and dated no earlier than the date the last addenda is issued and acknowledged.

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BASE BID SCHEDULE

CAMPBELL COMMUNITY CENTER BUILDING M ROOF REPLACEMENT – PROJECT NO. 24-SS

BID
ITEM
NO.

ITEM DESCRIPTION

UNIT

ESTIMATED

QUANTITY

UNIT
PRICE

EXTENDED
PRICE
1 Building M Roof Replacement LS 1

TOTAL BASE BID: ______________________________

Total BASE BID Written in Words:

See Section 3 of the Special Provisions for the determination of the low bid.

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ADDITIVE ALTERNATE SCHEDULE “A”

Campbell Community Center Building M Roof Replacement CIP Project #24-SS

ADDITIVE ALTERNATE “A” – Building M Penthouse Roofs

BID
ITEM
NO.

ITEM DESCRIPTION

UNIT

ESTIMATED

QUANTITY

UNIT
PRICE

EXTENDED
PRICE
A1 Building M Penthouse Roofs LS 1

TOTAL ADDITIVE ALTERNATE “A” (#A1):___________________________

Total ADDITIVE ALTERNATE SCHEDULE “A” Written in Words:

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ADDITIVE ALTERNATE SCHEDULE “B”

Campbell Community Center Building M Roof Replacement CIP Project #24-SS

ADDITIVE ALTERNATE “B” – Building M Penthouse Exterior Walls

BID
ITEM
NO.

ITEM DESCRIPTION

UNIT

ESTIMATED

QUANTITY

UNIT
PRICE

EXTENDED
PRICE
B1 Building M Penthouse Exterior
Walls

TOTAL ADDITIVE ALTERNATE “B” BID (#B1): ___________________________

Total ADDITIVE ALTERNATE SCHEDULE “B” Written in Words:

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STATEMENT OF SUBCONTRACTORS

The Bidder shall list the name, address, the California contractor license number, and public works contractor registration number issued pursuant to California Labor Code Section 1725.5 of each subcontractor to whom the Bidder proposes to subcontract portions of the work, as required by California Public Contract Code Sections 4100 et seq. and the provisions in "Designation of Subcontractors" in Section 2-1.15A of the City of San Jose Standard Specifications.

NAME OF

SUBCONTRACTOR

ADDRESS OF

SUBCONTRACTOR

LICENSE NUMBER
& LICENSE

CLASSIFI-CATION

WORK TO BE

PERFORMED BY

SUBCONTRACTOR

DOLLAR VALUE
OF

SUBCONTRACT

SIGNATURE OF BIDDER: ______________________________________________

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EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

The bidder_________________________________________________________________, proposed subcontractor _______________________________________________, hereby certifies that he has ___ , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Gover nment contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60 -1.7(b) (1)) and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60 -1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

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NONCOLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY of CAMPBELL, DEPARTMENT OF PUBLIC WORKS.

In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or ind irectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown there of, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
___________________________________

SIGNATURE OF BIDDER
___________________________________
TITLE
___________________________________
DATE

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DIR REGISTRATION STATEMENT
To the CITY of CAMPBELL, DEPARTMENT OF PUBLIC WORKS.

By submitting its bid, the bidder certifies to have verified that it and all subcontractors used on this public work project are registered with the State of California Department of Industrial Relations (DIR) in compliance with California Labor Code Sections 1771.1 and 1725.5. The registration numbers of the Bidder and all subcontractors to be used on this project are as follows:
_____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ ____________________________________________________________________________.

Note: The above DIR Registration Statement is part of the Bid Proposal. Signing the Bid Proposal on the signature portion thereof shall also constitute signature of this DIR Registration Statement.
___________________________________

SIGNATURE OF BIDDER

___________________________________
TITLE

___________________________________
DATE

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CERTIFICATION REGARDING DEBARMENT
To the CITY of CAMPBELL, DEPARTMENT OF PUBLIC WORKS.

By submitting its bid, the bidder certifies in accordance with California Public Contract Code Section 6109 that neither the bidder nor any subcontractor included on the list of proposed subcontractors submitted with the bid is ineligible to perform work o n public works projects pursuant to California Labor Code Sections 1777.1 or 1777.7. In accordance with California Public Contract Code Section 6109, contractors and subcontractors who are ineligible to perform work on public works projects pursuant to California Labor Code Sections 1777.1 or 1777.7 may neither bid on, be awarded or perform as a subcontractor on public works projects.

Note: The above Certification Regarding Debarment is part of the Bid Proposal. Signing the Bid Proposal on the signature portion thereof shall also constitute signature of this Certification Regarding Debarment.

___________________________________

SIGNATURE OF BIDDER

___________________________________
TITLE

___________________________________
DATE

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PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT

In accordance with California Public Contract Code Section 10285.1, the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has ______, has not ______ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Section 1101, with any public entity, as defined in Section 1100, including, for the purposes of this article, the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in California Public Contract Code Section 10285.1.

Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Public Contract Code Section 10285.1 Statement is part of the Bid Proposal. Signing the Bid Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. ___________________________________

SIGNATURE OF BIDDER

___________________________________
TITLE

___________________________________
DATE

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PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE

In accordance with California Public Contract Code Section 10162, the bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the proposer, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?

Yes _____ No _____

If the answer is yes, explain the circumstances in the following space.

Note: The above Questionnaire is part of the Bid Proposal. Signing this Bid Proposal on the signature portion thereof shall also constitute signature of this Questionnaire.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

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PUBLIC CONTRACT CODE SECTION 10232 STATEMENT

In accordance with California Public Contract Code Section 10232, the bidder, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the bidder within the imm ediately preceding two -year period because of the bidder's failure to comply with an order of a federal court which orders the bidder to comply with an order of the National Labor Relations Board.

Note: The above Statement is part of the Bid Proposal. Signing this Bid Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to crimi nal prosecution.

___________________________________

SIGNATURE OF BIDDER

___________________________________
TITLE

___________________________________
DATE

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DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29

The bidder, under penalty of perjury, certifies to the best of its knowledge and belief that, except as noted below, it and its principals:
a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b) Have not, within a three (3) year period preceding this certification, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction, violation of Federal or State antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and
d) Have not within a three (3) year period preceding this Bid Proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

The bidder also certifies that, if bidder later becomes aware of any information contradicting the statements above, it will promptly provide that information to the City of Campbell. “Principals” for the purpose of this certification means any owner, partner, director, officer, and/or manager.

If there are any exceptions to this certification, insert the exceptions in the following space:

Exceptions will not necessarily result in denial of award but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Note: The above Certification is part of the Bid Proposal. Signing this Bid Proposal on the signature portion thereof shall also constitute signature of this Certification.

Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the proposal.

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In signing this certification, I declare under penalty of perjury that the foregoing certifications are assurances are true and correct.

___________________________________

SIGNATURE OF BIDDER

___________________________________
TITLE

___________________________________
DATE

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BID BOND FORM

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BID BOND
City of Campbell

KNOW ALL MEN BY THESE PRESENTS,

That we, , as PRINCIPAL, and , as SURETY, are held and firmly bound unto the CITY OF CAMPBELL in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the CITY OF CAMPBELL, acting by and through the Department of Public Works, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these present.

THE CONDITION OF THIS OBLIGATION IS SUCH,
That whereas the Principal has submitted the above-mentioned bid to the CITY OF CAMPBELL, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened in the Office of the City Clerk, City Hall, Campbell, California , 20 , for:

CAMPBELL COMMUNITY CENTER BUILDING M ROOF REPLACEMENT, PROJECT NO. 24-SS

NOW, THEREFORE, If the aforesaid Principal is awarded the Contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written Contract, in the prescribed form, in accordance with the bid, and files two bonds, one to guarantee faithful performance and the other to guarantee payment for labor and materials, and files the required insurance policies with the City, all as required by the specifications and the Contract or by law, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue.

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 a reasonable attorney's fee to be fixed by the court.

IN WITNESS WHEREOF, We have hereunto set our hands and seals on this day of _____________, 20__

(Principal) Surety)

By By

By
(Attach Acknowledgment of both Principal's and Surety's signature)

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Contract CD-1

CONTRACT DOCUMENTS

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CONTRACT

BETWEEN CITY OF CAMPBELL
AND
__________________________________

FOR CONSTRUCTION OF
____________________________________________________________________________ _____________________________________________________, PROJECT _____________

THIS AGREEMENT, made and concluded in duplicate, this _____, day of ______________________, 20__________ by and between__________________________ hereinafter referred to as "CONTRACTOR", and the City of Campbell, a Municipal Corporation, hereinafter referred to as "CITY":

ARTICLE I. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by CITY, and under the conditions expressed in the two (2) bonds, bearing event date with these presents, and hereunto annexed, the CONTRACTOR agrees with the CITY, at his own proper cost and expense, to do all the work and furnish all plant, labor, services, tools, equipment, supplies, transportation, utilities, and materials, except such as are mentioned in the Specificatio ns to be furnished by the CITY, necessary to construct and complete to the satisfaction of the City Engineer, in accordance with this Contract, the Notice Inviting Bids, the accepted Bid Proposal, the Plans, the Special Provisions, the City of Campbell Standard Specifications and Details for Public Works Construction dated July 1994, and by reference therein to the City of San Jose Standard Specifications, the City of San Jose Standard Details, the State Standard Specifications, the State Standard Plans, and the Equipment Rental Rates of the California Department of Transportation and the General Prevailing Wage Rates, each of which documents are on file in the office of the City Clerk and all of which are hereby specifically referred to and by such reference made a part hereof.

The work to be done is shown upon the project plans and specifications entitled, CAMPBELL COMMUNITY CENTER BUILING M ROOF REPLACEMENT, PROJECT 24-SS , which said project plans, specifications, and referenced specifications are hereby made a part of this Contract.

ARTICLE II. The CITY hereby promises and agrees with the CONTRACTOR to employ, and does hereby employ, the CONTRACTOR to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the price aforesaid, and hereby contracts to pay the same at the time, and in the manner and upon the conditions herein set forth; and the CITY and the CONTRACTOR, for themselves, their heirs, executors, administrators, successors and assigns, do hereby agree to the full p erformance of the covenants herein contained.

ARTICLE III. The CONTRACTOR agrees to receive and accept the prices indicated in the Contractor's signed proposal as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Contract; also for all loss or damage, ar ising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the CITY, and for all risks connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and

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Specifications, and the requirements of the Engineer, and also for furnishing the required bonds and insurance, and for doing all other things mentioned, contemplated or embraced in this agreement, and the contract documents.

ARTICLE IV . In accordance with the provisions of Section 3700 of the Labor Code, the Contractor will be required to secure the payment of worker's compensation to his employees.

ARTICLE V. By my signature hereunder, as CONTRACTOR, I certify that I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract.

ARTICLE VI . The improvement contemplated in the performance of this Contract is an improvement over which the CITY shall exercise general supervision. The CITY shall have the right to assume full and direct control over this Contract whenever the CITY, at its sole discretion, shall determine that its responsibility to the United States or the State of California so requires.

ARTICLE VII. The general prevailing wage rates as heretofore specified, and any minimum wage rates indicated in the Special Provisions are hereby specifically referred to and by this reference are 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 CONTRACTOR, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said Proposal conflicting herewith.

ARTICLE VIII. Contractor shall be responsible for complying with the provisions of California Labor Code Section 1771.1(a) which states: A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Sectio n 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

ARTICLE IX . Contractor and any subcontractors under the Constructor shall comply with Section 1775 of the California Labor Code regarding prevailing wages.

ARTICLE X. Contractor shall be responsible for complying with the provisions of Section 1776 of the California Labor Code concerning payroll records, as more specifically described in Section 7-1.01A(3) of the City of San Jose Standard Specifications.

ARTICLE XI. Contractor shall be responsible for complying with the provisions of California Labor Code Sections 1777.5 through 1777.7, inclusive, concerning apprentices, as more specifically described in Section 7-1.01A(5) of the City of San Jose Standard Specifications.

ARTICLE XII. Contractor shall be responsible for complying with the provisions of California Labor Code Sections 1810 through 1815, inclusive, concerning working hours, as more specifically described in Section 7-1.01A(1) of the City of San Jose Standard Specifications.

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ARTICLE XIII. Contractor's attention is directed to Section 7 -1.01E of the City of San Jose Standard Specifications, regarding trench excavation.

ARTICLE XIV . In accordance with Section 8 -1.07 of the City of San Jose Standard Specifications, the sum of Three Thousand Six Hundred Dollars and Zero Cents ($3,600.00) will be assessed as liquidated damages for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed. Liquidated damages for non -compliance with the requirements in Section 8 “Prosecution & Progres s”, and under Section 10 -2 “Traffic Control and Public Safety”.

The City further agrees that the Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the City or the owner of the utility to move or relocate such utility facilities as se t forth in California Government Code Section 4215.

ARTICLE XV. Contractor shall be responsible for complying with the provisions of California Public Contracts Code Section 7104 regarding trenching and excavations that extend deeper than four (4) feet below the surface. No change order issued pursuant to California Public Contracts Code Section 7104 shall provide for any increase in compensation that would exceed the recovery allowed pursuant to Section 7 of the Special Provisions.

ARTICLE XVI. The City of Campbell shall notify Contractor of the receipt of any third -party claim relating to this contract within 30 days of receipt. The City of Campbell may recover its reasonable costs incurred in providing such notification, pursuant to subdivi sion (c) of Public Contract Code Section 9201. Notwithstanding this notification provision, the City of Campbell reserves its full authority to compromise or otherwise settle any claim relating to this contract at any time.

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IN WITNESS WHEREOF, the parties of these present have hereunto set their hands the year and date first above written and having fully read and understood the terms and conditions of this contract, acknowledge their agreement to be bound thereby.

CONTRACTOR

By: ____________________________

Title: ____________________________

(Attach Contractor's Notary Acknowledgment)

CITY OF CAMPBELL

By: _____________________________________
Brian Loventhal

Title: City Manager

ATTEST:

____________________________
Andrea Sanders, City Clerk

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BOND FOR FAITHFUL PERFORMANCE

We, the undersigned , (hereinafter "contractor") and a corporation organized under the laws of the State of ___________________________________, and authorized to transact business in the State of California, as Surety, are obligated to the City of Campbell, (hereinafter "City") a municipal corporation und er the laws of the State of California, in the sum of __________________________________________________Dollars ($ ) for the payment of which sum we obligate ourselves and our successors and assigns, jointly and severally by the following provisions:

The condition of this obligation is:

Because the obligated Contractor has, on , 20 , entered into written Contract with the City for the Project entitled “CAMPBELL COMMUNITY CENTER BUILING M ROOF REPLACEMENT, PROJECT NO. 24-SS", a copy of which is attached and made a part of this bond, for the construction of the Project.

Now, therefore, if the Contractor shall faithfully perform the work in accordance with the plans, specifications and contract documents during the original term, and any extensions of the contract which may be granted by the City, with or without notice to the surety, and if it shall satisfy all claims and demands incurred under the contract, and shall fully indemnify and save harmless the City from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Ci ty all outlay and expense which the City may incur in making any default, then this obligation shall be void; otherwise to remain in full force and effect.

If any legal action be filed upon this bond, it shall be filed within one year after final payment has been made under the contract excluding the warranty period, if any, provided for in the contract, and venue shall lie in the County of Santa Clara, State of California, and that surety, for value received stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed under it or the specifications accompanying it shall in any way affect its obligation on this bond, and it does by this means waive notice of any change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications, and thereby waives the provisions of Section 2819 of the Civil Code of the State of California.

In witness, contractor and surety have executed this agreement as of , 20 . (Contractor)

By ______________________________________

Title ____________________________________

(Surety)

By _____________________________________

Address of Surety:

(Attach Acknowledgements) Surety's Bond Number_______________________ (Accompany this bond with Attorney-in-fact's
(Both Principal's and authority from Surety to execute the bond, Surety's Attorney in Fact) certified to include the date of the bond.)

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BOND FOR LABOR AND MATERIAL

We, the undersigned , (hereinafter "Principal") and , a corporation organized under the laws of the State of _______________, and authorized to transact business in the State of California, as Surety, are obligated to the City of Campbell (hereinafter "City"), a municipal corporation under the laws of the S tate of California, in the sum of Dollars ($ ) for the payment of which sum we obligate ourselves and our successors and assigns, jointly and severally by the following provisions:

The condition of this obligation is that the Principal entered, or is about to enter, into a certain written Contract with the City dated , 20 , for the “CAMPBELL COMMUNITY CENTER BUILDING M ROOF REPLACEMENT , PROJECT NO. 24-SS", a true and correct copy of which is presently on file in the office of the City Clerk of the City of Campbell, which said Contract is hereby referred to and made a part hereof.

Because Principal is required to furnish a bond in connection with the contract, providing that if Principal, or any of its subcontractors, shall fail to pay for any materials, or other supplies, or for any work or labor on the contracted work of any kind, or for amounts due under the unemployment insurance act with respect to any work or labor on this project, the Surety on this bond will pay for the debt, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon the bond, a reasonable attorney's fee to be fixed by the court.

Now, therefore, we, , as Principal, AND , as Surety, are obligated to the City of Campbell, in the sum of $ , lawful money of the United States, for the payment of which sums will and truly to be made, we the said Principal and Surety bind ourselves, successors and assigns, jointly and severally, by these provisions.

The condition of this obligation is that if Principal, its successors or assigns, or its subcontractor, or subcontractors, shall fail to pay for any labor, materials, or other supplies, used in the performance of the work contracted to be done, or for amounts due under the unemployment insurance act with respect to this work or labor, then the Surety on this bond will pay for them, in an amount not exceeding the sum specified in this bond, and in case suit is brought upon this bond will also pay a reasonable attorney's fee, to be fixed by the court.

No prepayment or delay in payment and no changes, extensions, addition or alteration of any provision of said contract or in any plans and specifications referred to herein, and no forbearance on the part of the City shall operate to release the Surety fro m liability on this bond, and consent to make such alterations without further notice to or consent by the Surety is hereby given, and the Surety hereby waives the provisions of Section 2819 of the Civil Code of the State of California.

In witness, the parties have executed this agreement as of , 20 .

(Principal)

By

(Surety)

By

Address of Surety:

(Attach Acknowledgements)
(Both Principal's and Surety's Bond Number
Surety's Attorney in Fact)
(Accompany this bond with Attorney-in-fact's
authority from Surety to execute the bond
certified to include the date of the bond.)

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BOND FOR FAITHFUL PERFORMANCE OF MAINTENANCE PERIOD

We, the undersigned , (hereinafter "Principal") and ___________________________________________, a corporation organized under the laws of the State of ______________________, and authorized to transact business in the State of California, as Surety, are obligated to the City of Campbell (hereinafter "City"), a municipal corporation under the laws of the State of California, in the sum of______________________________________________ Dollars ($ ) for the payment of which sum we obligate ourselves and our successors and assigns, jointly and severally by the following provisions:

The condition of this obligation is that the Principal entered, or is about to enter, into a certain written Contract with the City dated , 20 “CAMPBELL COMMUNITY CENTER BUILDING M ROOF REPLACEMENT, PROJECT NO. 24-SS”, for a one year maintenance period of the work described in said Contract, a true and correct copy of which is presently on file in the office of the City Clerk of the City of Campbell, which said agreement is hereby referred to and made a part hereof.

And, the City requires a guarantee from the Principal against defective materials and workmanship in connection with that maintenance.

Now, therefore, the Principal agrees that it shall make all repairs or replacements necessary during the period of one -year from the date of acceptance of the contract work, by reason of defective materials or workmanship in connection with the Contract. If those defective materials or workmanship occur within that period, the City shall give the Principal and Surety written notice of that defect within 60 days after discovery.

When each replacement is made to the satisfaction of the City, the obligation of the Principal and Surety shall be discharged as to that replacement, otherwise to remain in full force and effect, with surety obligated to secure full and faithful performance of all of Principals’ obligations under the above-referenced contract.

Any repairs or replacements made under this bond shall in like manner be subject to the terms and conditions of it.

No prepayment or delay in payment and no changes, extensions, addition or alteration of any provision of said contract or in any plans and specifications referred to herein, and no forbearance on the part of the City shall operate to release the Surety fro m liability on this bond, and consent to make such alterations without further notice to or consent by the Surety is hereby given, and the Surety hereby waives the provisions of Section 2819 of the Civil Code of the State of California.

In witness, the parties have executed this agreement as of ______________________, 20__

(Principal)_____________________________

By___________________________________

Title__________________________________

(Surety) _______________________________

By___________________________________

Address of Surety:

(Attach Acknowledgements) Surety's Bond Number_____________________ (Accompany this bond with Attorney-in-fact's
(Both Principal's and authority from Surety to execute the bond, Surety's Attorney in Fact) certified to include the date of the bond.)

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SPECIAL PROVISIONS

CITY OF CAMPBELL

DEPARTMENT OF PUBLIC WORKS

CAMPBELL COMMUNITY CENTER BUILDING M ROOF REPLACEMENT, PROJECT NO. 24-SS

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CITY OF CAMPBELL

DEPARTMENT OF PUBLIC WORKS

CAMPBELL COMMUNITY CENTER BUILDING M ROOF REPLACEMENT, PROJECT NO. 24-SS

GENERAL PROVISIONS
SECTION 1. SPECIFICATIONS AND PLANS
General
The work embraced herein shall be done in accordance with the City of Campbell Standard Specifications and Details for Public Works Construction (CCSS) dated July 1994, the City of San Jose Standard Specifications and its Amendments (SJSS) and the City of San Jose Standard Details (SJSD), and in accordance with the project plans, and specifications. Attention is also directed to the State of California, Department of Transportation, Standard Specifications (SS) and Standard Plans (SSP) dated May 2006, portions of which are incorporated into the CCSS by reference and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished, the General Prevailing Wage Rates
Special Provisions Section 1 – Section 10
Special Provisions Sections 1 – Section 10 shall apply to all elements of the project. Full compensation for furnishing all labor, materials, tools, equipment and all incidentals for doing all the work involved in compliance with the Plans, Specifications, and Special Provisions Sections 1 – Section 10 shall be deemed included in the price paid for the various other contract bid items and no additional compensation shall be allowed therefore.

SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS
General
The bidder's attention is directed to the provisions in Section 2, “Proposal Requirements and Conditions,” of the Standard Specifications and these Special Provisions for the requirements and conditions which the bidder must observe in the preparation of and the submission of the bid.

The bidder's bond shall conform to the bond form in the Bid proposal for the project and shall be properly filled out and executed. The bidder’s bond form included in that book may be used.

In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Bid proposal. Signing the Bid proposal shall also constitute signature of the Noncollusion Affidavit.

The Contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of Title 49 CFR (Code of Federal Regulations), Part 26 in the award and administration of US DOT -assisted contracts. Failure by the Contractor to car ry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Each subcontract signed by the bidder must include this assurance.

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Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be furnished after bid opening, including but not limited to escrowed bid documents, where applicable, may subject the bidder to a determination of the b idder's responsibility in the event it is the apparent low bidder on a future public works contract.

Bid Opening
The City Clerk publicly opens and reads bids at the time and place shown on the Notice Inviting Bids.

Proposal Guaranty
The Bidder's Bond shall conform to the bond form included in the Proposal for the project and shall be properly filled out and submitted with the Proposal.

Mandatory Pre-Bid Meeting
Prospective bidders are required to attend a mandatory pre-bid meeting which will be conducted onsite at the Campbell Community Center Building M located at 1 W Campbell Avenue, Campbell on February 14, 2024 at 1:00 pm.

Bids for this project will not be accepted from bidders/contractors that did not attend the Mandatory Pre-Bid Meeting. It is highly advisable for prospective bidders to conduct a Pre -Bid Site Review prior to attending the meeting.

Pre-Bid Site Inspection
Prospective bidders shall carefully examine the jobsite. The submission of the bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, as to character, quality, and scope of work to be performed, the quantity of materials to be furnished, and a s to the requirements of the proposals, plans, specifications, and the contract. Attention is directed to Section 2-1.03 of the SJSS. All questions relative to this project prior to the opening of bids shall be submitted in writing and received no later than 5 PM on February 20, 2024. Questions shall be directed to:

City of Campbell, Public Works Department
70 North First Street, Campbell, CA 95008-1423
Attention: David Fanucchi, Project Manager
[email protected]
Tel: (408) 866-2194
SECTION 3. AWARD AND EXECUTION OF CONTRACT
Determination Of Low Bid
The bidder’s attention is directed to the provisions in Section 3, “Award and Execution of Contract” of the Standard Specifications and these Special Provisions for the requirements and conditions concerning award and execution of contract.

All bids will be compared on the basis of the Engineer's Estimate of Quantities of work to be done.

The determination of the low bid will be based upon the TOTAL BASE BID.

In accordance with the Department of Industrial Relations (DIR) regulations, all Contractors and Subcontractors bidding and performing work on this Public Works Project must be registered with the California Department of Industrial Relations (DIR) pursuan t to Labor Code Section 1725.5

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(with limited exception from this requirement for bid purposes only under Labor Code Section 1771.1(a)). All registrations will be verified by the Engineer prior to contract award.

Bid Protests are to be delivered in accordance with Campbell Municipal Code Chapter 3.22 - Bid Protest Procedures to the following:

City of Campbell City Clerk
70 North First Street, Campbell, CA 95008-1423
[email protected]
Tel: (408) 866-2117
Fax: (408) 374-6889
Contract Award
The award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all the requirements prescribed and in accordance with Section 3.20.110 - Determination of Contractor Non-Responsibility of the Campbell Municipal Code.

The contract shall be executed by the successful bidder and shall be returned together with the contract bonds, to the City so that it is received within ten (10) days, not including Saturdays, Sundays and legal holidays, after the bidder has received the contract for execution. Failure to do so shall be just cause for forfeiture of the proposal guaranty. The executed contract documents shall be delivered to the following address: City of Campbell, Department of Public Works – 70 N.

First Street, Campbell, CA 95008-1423.

Contractor Licenses and Requirements
All Contractors and subcontractors working in the City of Campbell must have a valid City of Campbell Business License.

In addition, all Contractors and subcontractors shall possess the appropriate State Contractor’s License. For this project, the Prime Contractor shall possess a Class “A” General Engineering or a C-39 Roofing Contractor License. Failure to possess the specified license shall render the bid as non-responsive and shall act as a bar to award the Contract to any bidder not possessing said license at the time of bid and forfeiture of the bid will result.

All contractors and subcontractors shall have and maintain a current and valid contractor license of the required classification from the State of California throughout the course of this project.

Evidence of possession of said licenses must be provided before contract award.

Special attention is directed to Section 8 PROSECUTION AND PROGRESS of the SJSS, subsection 8-1.01 Subcontracting, delete the first sentence in the third (3rd) paragraph and replace with the following:
“The Contractor shall perform with the Contractor’s own organization contract work amounting to not less than 30 percent of the original total contract price, except that any designated “Specialty Items” may be performed by subcontract and the amount of an y such “Specialty Items” so performed may be deducted from the original total contract price before computing the amount of work required to be performed by the Contractor with the Contractor’s own organization.”

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SECTION 4. SCOPE OF WORK
Description of Work
The scope of work generally includes but is not limited to the following: removing the existing surface and installing a new bituminous roofing system including metal flashing and trim.

Locations of Work
The work that is to be performed at Campbell Community Center, 1 West Campbell Avenue within the City of Campbell.

SECTION 5. CONTROL OF WORK
Maintenance and Access to Records
Maintain complete and accurate records of all its transactions including, but not limited to, contracts, invoices, timecards, cash receipts, vouchers, canceled checks, bank statements, client statistical records, personnel, property and all other pertinent records sufficient to reflect properly (1) all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred to perform this CONTRACT, and (2) all other matters covered by this CONTRACT.

1. Access to Records. Contractor agrees that the COUNTY, the CITY, and/or any authorized representatives may have access to, and the right to examine, make excerpts or transactions of and from the Contractor’s records and facilities at any time during normal business hours, and as often as may be deemed reasonably necessary until expiration of:
a. five years after expiration of this CONTRACT;
b. five years from the date of termination of this CONTRACT; or c. for such longer period as may be prescribed by law.

Order of Work
Order of Work shall conform to the provisions in Section 5-1.05, “Order of Work” of the Standard Specifications and these Special Provisions.

Contractor Staging & Good Neighbor Guidelines
The Contractor shall survey the City of Campbell for an appropriate location for their construction staging. An area for staging is available in the Winchester Blvd Community Center parking lot next to the building. This staging area is on asphalt in front of Building M Parking in the Campbell Community Center Parking lot is available for a limited number of spaces to be determined at the pre-construction conference.

The following requirements shall apply to the Contractor’s construction staging area:
• The staging area made available near the building shall be protected from spills. Other staging area(s) must be located on an existing asphalt, concrete, or non-permeable surfaced area. No staging area shall be allowed on undeveloped lots. The staging area shall be included in the Contractor’s SWPPP/WPCP.
• The staging area shall not be located in an environmentally or culturally sensitive area and/or impact water resources (rivers, streams, bays, inlets, lakes, and drainage sloughs).

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• The staging area shall not be located in a regulatory floodway or within the base floodplain (100-year).
• The staging area shall not affect the access to adjacent properties and/or roadways. • The Contractor shall maintain the staging area and its surrounding streets, sidewalk, curb & gutter at a level of cleanliness and tidiness as specified by the Engineer. • Hours of Work as specified in Section 8 Prosecution and Progress shall apply to accessing the staging area.
• The City’s Noise Ordinance shall be strictly enforced. Violators will be cited. • The Contractor’s construction crew shall carpool to and from the staging area whenever possible to minimize the number of construction vehicles on the surrounding streets and to minimize the parking impact to the immediate area.
• The Contractor shall not store construction debris/waste in the staging area. All debris shall be hauled off and disposed of the same working day in which the debris/waste was generated.
• The Contractor shall not store any equipment, materials, and debris in the public right-of- way or on City property.
• If using private property for staging, the Contractor shall provide proof of an agreement with the property owner at the Engineer’s request.
• The Contractor shall coordinate and work with the City on staging areas necessary for construction operations. The Contractor shall submit a plan indicating their staging and shall work with the City so that staging will minimize disruptions.

At the conclusion of the project, the Contractor shall return the staging area to its original condition or better.

Pre-Construction Conference
A pre-construction conference will be held shortly after the contract award in accordance with “Meetings” subparagraph found in Section 10 -1 “General Construction Requirements.” The Contractor shall prepare in advance the proposed progress schedule in accordance with Section 8-1.04 “Progress Schedule” of the CCSS and SJSS, and a traffic control plan in accordance with Section 10-2, “Traffic Control and Public Safety” of these Special Provisions.

SECTION 6. CONTROL OF MATERIALS
Contractor Submittals

The Contractor shall submit to the Project Manager the following at least three working days before the pre-construction conference:

1. Construction Schedule

2. Guarantee (Draft Form)
The City reserves the right to delay the issuance of the Notice to Proceed unless all submittals listed above are received and approved by the Project Manager . Any exceptions or rejected submittals will be remedied and resubmitted for the Project Manager’s review and approval prior to the issuance of the NTP.

Material Submittal Format
The materials proposed by the Contractor to be used on this contract shall be submitted for

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approval to the Project Manager before the start of the affected work to allow for review and corrections without work delays – especially those materials and/or equipment that have long lead time for ordering.

The Contractor shall submit FOUR (4) hard copies of each submittal for review and approval by the Project Manager.

The Contractor may elect to email each submittal to the Project Manager for review and approval.

The Contractor is to allow 5 business days to review each submittal and subsequent resubmittal with the exception of shop drawings.

The Contractor is to allow 15 working days to review each shop drawing submittal and subsequent resubmittal.

Submittals and support information shall be separated and clearly labeled when submitted to the Project Manager. The submittal list supplied is intended to be comprehensive, but no claim for its completeness is implied and submittal of the complete list will not relieve the Contractor of supplying all the information needed or of complying with any of the other req uirements of the specifications. Revised lists may be issued by the Project Manager, and items may be added to the Material List supplied.

Manufacturer's specifications shall be supplied along with submittal list for all applicable products on the list.

Certificates of Compliance shall be submitted in accordance with Section 6-1.07, “Certificates of Compliance”, of the Standard Specifications including the individual material specification of these Special Provisions.

Submittals shall contain:

1. The date of submission and the dates of any previous submissions, including identification of revision or re-submittals.

2. The Project title and number.

3. Contractor identification, names of subcontractors, suppliers and manufacturers.

4. Specification Section number(s) and Bid Item(s) which pertain.

5. Applicable standards, such as ASTM, Federal, or State Specification numbers. Certified test results indicating performance of materials/products with regard to Specification

6. The Contractor is required to initial or sign the submittal, certifying the review of submittals and verification of products, field construction criteria, and coordination of the information within the submittal and the project plans and specifications.

The General Contractor shall be required to review and approve all submittals and provide them signed as evidence thereof, prior to submitting to the Project Manager for review. Submittals that are not signed by the General Contractor will be rejected. Submittals shall be numbered consecutively.

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The preparation of plans, drawings, and necessary documents, as required by the following submittal lists, shall be considered as part of the requirements of other items of work and no additional compensation shall be allowed, therefore.

The Project Manager reserves the right to reject any item that does not fulfill the requirements of these plans, Special Provisions and the Standard Specifications.

The Project Manager reserves the right to require additional submittals from the Contractor that are not specifically identified in the Materials Submittal List Table below. If so requested, the Contractor shall provide the Project Manager with FOUR (4) copies of any additional submittal.

Substitutions
a. General - Requests for changes in products, materials, equipment, and methods of construction required by Contract Documents proposed by the Contractor are considered "requests for substitutions". The following are not considered substitutions:

Revisions to Contract Documents requested by the City.

Specified options of products and construction methods included in Contract Documents.

Compliance with governing regulations and orders issued by governing authorities. b. Submittal – Requests for substitution will be considered only if received at least ten (10) working days prior to the bid opening. Requests received after this date may be accepted or rejected at the discretion of the City.

Each request for substitution shall be prepared and presented to the City in accordance with the procedures for submittals and shall be submitted on the request form as included in Appendix A. The following additional information shall be provided.

1. An explanation of the advantages to the City for accepting the substitution.

2. A comparison of significant qualities of the proposed substitution with those specified.

3. A list of changes or modifications needed to other parts of the work and to construction performed by the City and separate Contractors that will be necessary to accommodate the proposed substitution.

4. A statement indicating the substitution's effect on the Construction Schedule compared to the Construction Schedule without
acceptance of the substitution. Indicate the effect of the proposed substitution on overall contract time.

5. Cost information, including a proposal of the net change, if any, in the Contract Sum.

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6. Certification that the substitution is equal to or better in every respect to that required by Contract Documents, and that it will perform adequately in application indicated. Include Contractor's waiver of rights to additional payment or time extensio ns that may be necessary because of the substitution's failure to perform adequately.
c. Substitution Conditions - The Contractor's substitution request will be considered by the City when the following conditions are satisfied, as determined by the City; otherwise, requests will be returned without action except to record noncompliance with these requirements.

Extensive revisions to Contract Documents are not required.

Proposed changes are in keeping with the general intent of Contract Documents.

The request is timely, fully documented and properly submitted.

The specified product or method of construction cannot be provided within the specified Contract Time. The request may not be considered if the product or method cannot be provided as a result of failure of the Contractor to pursue the work promptly or coordinate activities properly.

A substantial advantage is offered the City, in terms of cost, time, energy conservation or other considerations of merit, after deducting offsetting responsibilities the City may be required to bear. Additional responsibilities for the City may include additional compensation to the Consulting Engineer/Architect for redesign and evaluation services, increased cost of other construction by the City or separate contractors, and similar considerations.

The specified product or method of construction cannot receive necessary approval by a regulatory agency, and the requested substitution can be approved.

The specified product or method of construction cannot be provided in a manner that is compatible with other materials, and where the Contractor certifies that the substitution will overcome the compatibility.

The specified product or method of construction cannot be coordinated with other materials, and where the Contractor certifies that the proposed substitution can be coordinated.

The specified product or method of construction cannot provide a warranty required by the Contract Documents and where the Contractor certifies that the proposed substitution can provide the required warranty. d. Unacceptable Substitution Conditions - The Contractor's submittal and City's acceptance of Shop Drawings, Product Data or Samples that do not comply with the Contract Documents does not constitute a valid request for substitution, nor does it constitute acceptance of a substitution.

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e. City's Action - If the request for substitution is submitted during the bid period, the City will notify all bidders about the acceptance of the substitution at least five (5) days prior to the bid opening. For substitution requests after the project has been awarded, the City will notify the Contractor of acceptance or rejection of the proposed substitution within 28 calendar days of receipt. If a decision on use of a substitute cannot be made within these time limits, the product originally specified shall be used.
f. Time Extension - No extension of contract time will be allowed through failure of the Contractor to either transmit requests for substitution sufficiently in advance of the work, or on account of processing time outside the time limits noted above.

Should the originally specified materials not be available within the specified contract time due to the negligence of the Contractor to order and obtain such materials, the Contractor shall be responsible to provide, install and maintain a temporary “equal” material as approved by the City, and shall replace such temporary material with the required product upon availability. The Contractor shall be responsible for all costs associated with the installation, maintenance, and removal of the temporary produc t and the installation of the specified product, including an extended one-year warranty to cover the final product installed. Sufficient funds to cover the purchase and installation of the specified product will be withheld from monies due the Contractor until such work has been completed and accepted by the City.

Specified “Or Equal” Items
Wherever catalog numbers and specific brands of trade names followed by the designation "or equal" are used in conjunction with a designated material, product, item, or service mentioned in these specifications, they are used to establish the standards of quality and utility required. "Or equal" proposals will be subject to acceptance by the City.

The basis for this determination is that the specified materials, products, or services are necessary to match other products in use by the City on a particular public improvement.

Payment for compliance with Section 6 “CONTROL OF MATERIALS” shall be deemed included in the various other items of work and no additional compensation shall be allowed, therefore.

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CITY OF CAMPBELL
Materials Submittal List

CAMPBELL COMMUNITY CENTER BUILDING M ROOF REPLACMENT, PROJECT NO. 24-SS

REQUIRED SUBMITTAL

DESCRIPTION

PRODUCT

CUT-SHEETS

MANUFACTURER/

PRODUCER

INSTALLATION

INFORMATION

CERT. OF

COMPLIANCE

PRODUCT
SAMPLE

REMARKS

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SECTION 7. LEGAL RELATIONS AND RESPONSIBILITY
Claims
This Section (Claims) shall be interpreted in accordance with, the claims resolution process established by Section 9204 of Chapter 9, Part 1, Division 2 of the California Public Contract Code (“Section 9204”) (a copy of which is attached hereto as Appendi x G). All provisions of Section 9204 are incorporated into and form an integral part of the contract documents for this project.

The City and Contractor shall comply with Appendix G, “California Public Contract Code Section 9204,” when applicable. The rig hts granted by Section 9204 may not be waived, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action; and (2) the City may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of Section 9204, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in Section 9204.

It is the intention of this section that disputes between the parties arising under and/or by virtue of the contract be brought to the attention of the Project Manager at the earliest possible time in order that the matters may be mitigated and/or resolved, if possible, or other appropriate action promptly taken.

The Project Manager will evaluate and respond to Contractor claims (as such term is defined in Section 9204(c)) in conformance with Section 9204. Failure by the City to respond to a claim from Contractor within the time periods described in Section 9204 or to otherwise meet t he time requirements of that section shall result in the claim being deemed rejected in its entirety.

Contractor’s compliance with the notice, protest, claims, and dispute resolution procedures and requirements specified in the contract documents (including, but not limited to, this Section, “Claims”) shall be a prerequisite to initiation of litigation. Fa ilure of the Contractor to conform to the specified notice, protest, claims, and dispute resolution procedures and requirements shall constitute a failure to pursue diligently and exhaust the administrative procedures in the contract, and is deemed as the Contractor's waiver of the potential claim and a waiver of the right to a corresponding claim for the disputed work.

Notice (for Claims)
No claim will be considered or allowed unless the Contractor has first complied with the notice and/or protest requirements specified in the contract documents, including, but not limited to, this Section, “Claims.” Nothing in the contract documents shall excuse the Contractor from its duty to file or give the required claim and/or protest notices. Contractor shall not be entitled to the payment of any additional compensation where the written notices of potential claim have not been given to the Project Manager in the manner required by and within the time limitations of this Section.

A. Initial Notice of Potential Claim
For disputes and claims by Contractor in connection with, arising out of, or relating to the contract and/or this project, the Contractor shall provide a signed written initial notice of potential claim to the Project Manager within five (5) calendar days from the date the dispute or event(s) giving rise to the potential claim first arose. The Contractor shall assign an exclusive identification number for each dispute, determined by chronological sequencing, based on the date of the dispute.

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The exclusive identification number for each dispute shall be used on the following corresponding documents:
1) Initial notice of potential claim.
2) Supplemental notice of potential claim.
3) Full and final documentation of potential claim.
4) Corresponding claim included in the Contractor's written statement of claims.

The Contractor shall provide the Project Manager the opportunity to examine the site of work within five (5) calendar days from the date of the initial notice of potential claim. The Contractor shall proceed with the performance of contract work unless otherwise specified or directed by the Project Manager.

The Contractor shall maintain records that provide a clear distinction between the incurred direct costs of disputed work and that of undisputed work. The Contractor shall allow the Project Manager access to the Contractor's project records to evaluate the potential claim within fifteen (15) calendar days of the date of the Project Manager’s written request.

The Contractor shall have no right to additional compensation for any claim that may be based on any act, failure to act, event, thing, or occurrence for which no written notice of potential claim as herein required was filed.

B. Supplemental Notice of Potential Claim
Within fifteen (15) calendar days of submitting the initial notice of potential claim, the Contractor shall provide a signed supplemental notice of potential claim to the Project Manager with reasonable documentation to support the claim, that provides at least the following information:
1) The complete nature and circumstances of the dispute giving rise to the potential claim. 2) The contract provisions and specifications supporting the basis of the claim. 3) The estimated cost of the potential claim and an itemized breakdown of individual costs and how the estimate was determined. An estimate of the costs and the cost breakdown must be provided even if the costs claimed have not been incurred when the claim is submitted. The cost breakdown must include an itemization of costs for (a) labor including workers’ names, classifications, regular hours and overtime hours worked, dates worked, and other pertinent information; (b) materials stored or incorporated in the work including invoices, purchase orders, location of materials either stored or incorporated into the work, dates materials were transported to the project or incorporated into the work, and other pertinent information; and (c) itemization of machinery a nd equipment including make, model, hours of use, dates of use, and equipment rental rates of any rented equipment. 4) A time impact analysis of the project schedule that demonstrates the effect on the scheduled completion date due to schedule changes or disruptions where a request for adjustment of contract time is made.

The information provided in items 1 and 2 above shall provide the Contractor's complete reasoning for additional compensation or adjustments.

If the estimated cost or effect on the scheduled completion date changes, the Contractor shall update information in items 3 and 4 above as soon as the change is recognized and submit this information to the Project Manager.

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C. Full and Final Documentation of Potential Claim
The Contractor must notify the Project Manager within ten (10) calendar days of completion of the work related to the potential claim.

Within thirty (30) calendar days of the completion of work related to the potential claim, the Contractor shall provide the full and final documentation of potential claim to the Project Manager that provides at least the following information:
1) A detailed factual account of the events giving rise to the potential claim, fully describing the nature and circumstances that caused the dispute, including, but not limited to, pertinent dates, locations, and items of work affected by the dispute. 2) The specific provisions of the contract that support the potential claim and a statement of the reasons these provisions support and provide a basis for entitlement of the potential claim.
3) If additional monetary compensation is requested, the exact amount requested calculated in conformance with the Contract Documents and an itemized breakdown of individual costs.
4) If an adjustment of contract time is requested, Contractor shall include in its full and final documentation of potential claim at least the following information:
a) The specific dates for which contract time is being requested. b) The specific reasons for entitlement to a contract time adjustment. c) The specific provisions of the contract that provide the basis for the requested contract time adjustment.
d) A detailed time impact analysis of the project schedule. The time impact analysis shall show the effect of changes or disruptions on the scheduled completion date to demonstrate entitlement to a contract time adjustment.
5) The identification and copies of the Contractor's documents and communications and the substance of any oral communications that support the potential claim.

The Project Manager’s receipt of the full and final documentation of potential claim shall be evidenced by postal receipt or the Project Manager’s written receipt if delivered by hand.

Documentation, Records, and Certification (for Claims)
Claims filed by the Contractor shall be in sufficient detail to enable the Project Manager to ascertain the basis and amount of said claims. If additional information or details are required by the Project Manager to evaluate and/or determine the basis and amount of the claim, the Contractor shall furnish additional information or details so that the additional information or details are received by the Engineer no later than the tenth (10 th) calendar day after the date of Project Manager’s written request. If the tenth (10 th) calendar day falls on a Saturday, Sunday, or legal holiday, then receipt of the information or details by the Project Manager shall not be later than close of business of the next business day. Failure to submit the information and details to the Project Manager within the time specified will be sufficient cause for denying the claim.

The Contractor shall keep full and complete records of the costs and additional time incurred for any work for which a claim for additional compensation is made. The Project Manager or any designated claim investigator or auditor shall have access to those records and any other records as may be required by the Project Manager to evaluate the claims. Failure to permit timely access to those records shall be sufficient cause for denying the claims.

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All notices of potential claim, supplemental notices of potential claim, and the full and final documentation of potential claim shall be certified with reference to the California False Claims Act, California Government Code Sections 12650-12655.

Claims submitted by the Contractor shall be accompanied by a notarized certificate containing the following language:

Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, Government Code Section 12650 et seq., and to the extent the project contains federal funding, the U.S. False Claims Act (31 USC § 3729 et seq.), the undersigned,
_________________________________________________________ (Name)

_________________________________________________________ (Title)

_________________________________________________________ (Company)

hereby certifies that the claim for the additional compensation and time, if any, made herein for the work on this contract is a true statement of the actual costs incurred and time sought, and is fully documented and supported under the contract between parties.

Dated __________________________________________________

/s/______________________________________________________

[INSERT NOTARY ACKNOWLEDGMENT]

Failure to submit the notarized certificate will be sufficient cause for denying the claim.

Notwithstanding any other provisions, Contractor’s recovery on claims for additional compensation shall be limited to Contractor’s proven direct and actual costs incurred. Contractor shall be precluded from claiming consequential damages, including lost pr ofits, lost bonding capacity, and financing costs. Notwithstanding Section 9 -1.03A of the San Jose Standard Specifications, no markups shall be allowed on any extra work performed on a force account basis.

Any claim for overhead type expenses or costs, in addition to being certified as stated above, shall be supported by an audit report of an independent Certified Public Accountant. Any claim for overhead shall also be subject to audit by the City at its discretion.

Any costs or expenses incurred by the City in reviewing or auditing any claims that are not supported by the Contractor’s cost accounting or other records shall be deemed to be damages incurred by the City within the meaning of the California False Claims Act.

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Review and Resolution of Disputes (for Claims)
Contractor claims (as such term is defined in Section 9204(c)) shall be reviewed by the City and resolved by the parties in accordance with Appendix G, “California Public Contract Code Section 9204,” SJSS Section 7-1.22, “Provisions of Law and Venue” and Section 9-1.10, “No Arbitration of Disputes,” and applicable law.

Final Estimate
If the work is deemed acceptable to the Project Manager in the Project Manager’s sole discretion, after acceptance by the Project Manager , the Project Manager will prepare and issue to Contractor a proposed final estimate.

The Contractor shall submit written approval of the proposed final estimate or a written statement of all claims arising under or by virtue of the contract so that the Project Manager receives the written approval or statement of claims no later than close of business of the thirtieth (30th) calendar day after receiving the proposed final estimate. If the thirtieth (30th) calendar day falls on a Saturday, Sunday, or legal holiday, then receipt of the written approval or statement of claims by the Project Manager shall not be later than close of business of the next business day. The Project Manager’s receipt of the Contractor's written approval or statement of claims shall be evidenced by postal receipt or the Project Manager's written receipt if delivered by hand.

No claim will be considered that has any of the following deficiencies:

A. The claim was not included in the written statement of claims.

B. The Contractor did not comply with applicable notice, protest, claims, and dispute resolution procedures and requirements specified in the contract documents, including, but not limited to, this Section, “Claims.”
The Project Manager will make the final determination of any claim which remains in dispute after completion of the claim review. If a claim is timely submitted to the Project Manager and the Project Manager fails to issue a decision on that claim within the time limits prescribed for issuing a written statement under Section 9204, the Project Manager shall be deemed to have decided to reject the claim in its entirety. The Project Manager will make and issue the Project Manager’s final estimate following the earlier to occur o f the following: (a) Contractor’s acceptance of the proposed final estimate, (b) Contractor’s failure to timely submit a claim statement within 30 days of receiving the proposed final estimate, or (c) Project Manager’s final determination of the claims.

Payment on the final estimate will be ninety -five percent (95%) of the total amount found to be due. The remaining five percent (5%) deducted from the final estimate and retained by the City will be paid to the Contractor within thirty-five (35) days after the Notice of Completion has been recorded, or as otherwise prescribed by law, except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the contract to be further retained.

Final payment and release of the final five percent (5%) retention amount shall not relieve the Contractor of his/her/its warranty or guaranty obligations or any other obligations that survive project completion.

Acceptance of final payment by Contractor shall constitute a waiver of all claims except claims meeting all the following requirements: claims (a) previously made in writing in compliance with

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the notice, protest, claims, and dispute resolution procedures and requirements specified in the contract documents, (b) included in Contractor’s written statement of claims, and (c) identified by Contractor as unsettled at the time of final payment.

Worker’s Compensation
Attention is directed to Section 7 -1.01A (6), “Workers’ Compensation,” of the SJSS and the following: Before commencing work in the City of Campbell all Contractors must provide verification of Worker’s Compensation coverage to the City in one of the following forms:

1. Certificate of consent to self-insure issued by the Director of Industrial Relations; or

2. Certificate of Workers’ Compensation Insurance; or

3. Certificate of exemption from the Workers’ Compensation Laws.

Insurance Requirements
The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.

Unless otherwise specified herein these Special Provisions or authorized by the Public Works Director, the following shall be required.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage “occurrence” form CG 0001 (Ed. 11/85)

2. Insurance Services Office form number CA 001 (Ed. 1/87) covering Automobile Liability code 1 (any auto).

3. Workers’ Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance.

Minimum Limits of Insurance

1. General Liability: $1,000,000.00 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separate ly to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage.

3. Employer’s Liability: $1,000,000.00 per accident for bodily injury or disease.

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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: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects to the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. Endorsements must name the Contractor, the City, its officers, officials, employees, volunteers, and agents as well as the County of Santa Clara, members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively as additional insureds.

2. The City, its officers, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to the liability arising out of work or operations performed by or on be half 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, o r as a separate owner’s policy.

3. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City of Campbell, its officers , officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

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

5. The Contractor shall procure and maintain Course of Construction insurance for those projects with “Construction Risk” as defined by the City Engineer and as specifically required in these Special Provisions. Course of Construction policies, if required, shall name the City of Campbell as loss payee, and the insurer shall waive all rights of subrogation against the City.

Workers’ Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, and volunteers for losses arising from work performed by the Contractor for the City of Campbell.

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Acceptability of Insurers
Unless otherwise approved, insurance is to be issued by an issuer with a current A.M. Best Rating of A:VII and be authorized to transact business in the State of California.

Verification of Coverage
Contractor shall furnish the City with original certificates of insurance and amendatory endorsements effecting coverage required by this clause. 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 effecting the coverage required by these specifications, at any time.

Permit number and address or project number and address shall be clearly stated on all insurance documents.

Subcontractors
Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Endorsements for each subcontractor must name the Contractor, the City, its officers, officials, employees, volunteers, and agents as well as the County of Santa Clara, members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, i ndividually and collectively as additional insured. All coverages for subcontractors shall be subject to all of the requirements stated herein.

Public Safety
The following paragraphs are hereby added to Section 7-1.09 "Public Safety," of the CCSS.

The Contractor shall maintain a safe workplace throughout the job including, but not limited to, maintenance of barricades, maintenance of safe pedestrian walkways and handicap access throughout or around the project site, and maintenance of pavement withi n the limits of the roadway and driveways with a suitable traffic -bearing surface. The Contractor shall fulfill the requirements of this Section 24 hours per day, seven days a week, including holidays, from the time of the Notice to Proceed is issued until the project is formally accepted.

The Contractor shall conform to the City’s Storm Water Pollution Control Ordinance and Best Management Practices (BMP) for the Construction Industry preventing contamination of the City’s storm drain system. A copy of the Ordinance and the BMP’s are included in Appendix C and D.

Labor Nondiscrimination
Attention is directed to Section 1735 of the Labor Code, which reads as follows:
"No discrimination shall be made in the employment of persons upon public works because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons, except as provided in Section 12940 of the Government Code, and every Contractor for public works violatin g this section is subject to all the penalties imposed for a violation of this chapter." Attention is directed to the following "Nondiscrimination Clause" that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations.

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NONDISCRIMINATION CLAUSE

1. During the performance of this contract, Contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical conditi on, marital status, age (over 40) or sex. Contractors and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment a nd Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

2. This Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.

STANDARD CALIFORNIA NONDISCRIMINATION CONSTRUCTION
CONTRACT SPECIFICATIONS (GOV. CODE, SECTION 12990)

These specifications are applicable to all state Contractors and subcontractors having a construction contract or subcontract of $5,000 or more.

1. As used in the specifications:
a. Administrator” means Administrator, Office of Compliance Programs, California Department of Fair Employment and Housing or any person to whom the Administrator delegates authority;
b. “Minority" includes:
(i) Black (all persons having primary origins in any of the black racial groups of Africa, but not of Hispanic origin);
(ii) Hispanic (all persons of primary culture or origin in Mexico, Puerto Rico, Cuba, Central or South America or other Spanish derived culture or origin regardless of race);
(iii) Asian/Pacific Islander (all persons having primary origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands); and
(iv) American Indian/Alaskan Native (all persons having primary origins in any of the original peoples of North America and who maintain culture identification through tribal affiliation or community recognition).

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2. Whenever the Contractor or any subcontractor subcontracts a portion of the work, it shall physically include in each subcontract of $5,000 or more the nondiscrimination clause in this contract directly or through incorporation by reference. Any subcontract for work involving a construction trade shall also include the Standard California Construction Contract Specifications, either directly or through incorporation by reference.

3. The Contractor shall implement the specific nondiscrimination standards provided in paragraph 6(a) through (e) of these specifications.

4. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women, shall excuse the Contractor's obligations under these specifications, Government Code, Section 12990, or the regulations promulgated pursuant thereto.

5. In order for the non -working training hours of apprentices and trainees to be counted, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor or the California Department of Industrial Relations.

6. The Contractor shall take specific actions to implement its nondiscrimination program. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor must be able to demonstrate fully its efforts under Steps (a) through (e) below:
a) Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and at all facilities at which the Contractor's employees are assigned to work. The Contractor shall specifically ensure that all foremen, superintend ents, and other on -site supervisory personnel are aware of and carry out the Contractor's obligations to maintain such a working environment.
b) Provide written notification within seven days to the director of DFEH when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor’s efforts to meet its obligations.
c) Disseminate the Contractor's equal employment opportunity policy by providing notice of the policy to unions and training, recruitment and outreach programs and requesting their cooperation in assisting the Contractor to meet its obligations; and by pos ting the company policy on bulletin boards accessible to all employees at each location where construction work is performed.

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d) Ensure all personnel making management and employment decisions regarding hiring, assignment, layoff, termination, conditions of work, training, rates of pay or other employment decisions, including all supervisory personnel, superintendents, general foremen, on-site foremen, etc., are aware of the Contractor's equal employment opportunity policy and obligations, and discharge their responsibilities accordingly. e) Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the equal employment oppor tunity policy and the Contractor's obligations under these specifications are being carried out.

7. Contractors are encouraged to participate in voluntary associations, which assist in fulfilling their equal employment opportunity obligations. The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group s of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under these specifications provided that the Contractor actively participates in the group, and can provide access to documentation whic h demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's.

8. The Contractor is required to provide equal employment opportunity for all minority groups, both male and female, and all women, both minority and non -minority.

Consequently, the Contractor may be in violation of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) if a particular group is employed in a substantially disparate manner.

9. Establishment and implementation of a bona fide affirmative action plan pursuant to Section 8104 (b) of this Chapter shall create a rebuttal presumption that a Contractor is in compliance with the requirements of Section 12990 of the Government Code and its implementing regulations.

10. The Contractor shall not use the nondiscrimination standards to discriminate against any person because of race, color, religion, sex, national origin, ancestry, physical handicap, medical condition, marital status or age over 40.

11. The Contractor shall not enter into any subcontract with any person or firm decertified from state contracts pursuant to Government Code Section 12990.

12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and the nondiscrimination clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Gov ernment Code Section 12990 and its implementing regulations by the awarding agency. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Government Code Section 12990.

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13. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company equal employment opportunity policy is being carried out, to submit reports relating to the provisions hereof as may be required by OCP and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status, (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in any easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records.

Apprentices
Attention is directed to Section 7 -1.01A(5) of the City of San Jose Standard Specifications and these Special Provisions as follows:

1. Compliance: The Contractor and its subcontractors shall comply with the requirements of the State Apprenticeship Program, as set forth in Section 1777.5 and Chapter 4 of division 3 of the California Labor Code (starting at Section 3070), which collectively are incorporated into this Contract. The Contractor is solely responsible for securing compliance with Section 1777.5 for all apprenticeable occupations.

2. Subcontracts: The Contractor shall include in all of its subcontracts the obligation for subcontractors to comply with the requirements of the State Apprenticeship Program.

3. Evidence of Compliance: The Contractor shall comply promptly with all requests of the Engineer for documentation that the Contractor and its subcontractors are in compliance with the State Apprenticeship Program.

4. Penalties: The Contractor is subject to the penalties set forth in Section 1777.7 of the California Labor Code for a failure to comply with the requirements of Section 1777.5. Section 1777.7 is incorporated into this Contract.

5. Withholding: The Engineer may withhold and retain from payments or moneys due the Contractor the amount of any penalties imposed based on a violation of Section 1777.5 of the California Labor Code. The Engineer’s right to withhold under this provision is separate and independent from any other right to withhold moneys included in this Contract.

Prevailing Wage
Attention is directed to Section 7 -1.01A (2) of the SJSS entitled “Prevailing Wage”, and as determined/published by the Department of Industrial Relations for the state of California – as indicated in the following website: http://www.dir.ca.gov/dlsr/pwd/index.htm. Contractor must post a copy of the applicable prevailing rates at the Project site.

If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, said published rate of wage shall be in effect for the life of this contract. If the published wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on file with the Department of Industrial Relations, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this contract in the same manner as if it had been published in said publication. If the predetermined wage rate refers to one or more additional expiration

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dates with additional predetermined wage rates, which expiration dates occur during the life of the contract, each successive predetermined wage rate shall apply to this contract on the date following the expiration date of the previous wage rate. If the l ast of such predetermined wage rate expires during the life of this contract, such wage rate shall apply to the balance of the contract.

Copies of the General Prevailing Wage rates can be obtained from the Department of Industrial Relations. Copies of the applicable California Prevailing Wage Rates for this project can be found in Appendix F.

The complete Federal (Davis Bacon) Wage Rates can be found in Appendix F or at the following website under Santa Clara County: http://www.access.gpo.gov/davisbacon/CA.html. Revisions to the applicable Federal Wage Rates, up to 10 days before bid opening, shall be identified by the issuance of an addendum with the corresponding Internet web site address of where the revisions can be found. The final contract documents signed by and between the City of Campbell and the Contractor, will physically include the Federal Wage Rates, or Federal Wage Rates as revised by addendums if any such addendums have been issued.

If the published wage rate does not refer to a predetermined wage rate to be paid after the expiration date, said published rate of wage shall be in effect for the life of this contract. If the published wage rate refers to a predetermined wage rate to become effective upon expiration of the published wage rate and the predetermined wage rate is on file with the Department of Industrial Relations, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to this contract in the same manner as if it had been published in said publication. If the predetermined wage rate refers to one or more additional expiration dates with additional predetermined wage rates, which expiration dates occur during the life of the contract, each successive predetermined wage rate shall apply to this contract on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rate expires during the life of this contract, such wage rate shal l apply to the balance of the contract.

The Contractor shall pay the higher of either the State general prevailing wage rates or the Federal minimum wage rates.

Department of Industrial Relations and Certified Payroll Records The Contractor and Subcontractor shall comply with Section 7-1.01A (3) “Payroll Records” of the SJSS. Contractor must comply with the provisions of Labor Code Sections 1776 and 1812 and all implementing regulations.

Section 7.101A (3) “Payroll Records”, Subdivision (b), Sub-section (2) shall be amended to read as follows:

A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Electronic certified payroll records shall be submitted weekly for the life of the project to the City’s Project Manager.

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SECTION 8. PROSECUTION AND PROGRESS
General
Attention is directed to the provisions in the Contract, Section 8-1.03 “Beginning of Work”, Section 8-1.06 “Time of Completion”, and Section 8-1.07, “Liquidated Damages,” of the CCSS, SJSS, SS, and these Special Provisions.

Hours of Work
Unless otherwise approved in writing by the Project Manager or specified in these Special Provisions, the hours of work for this project are as follows: Monday through Friday, 7:00 AM to 4:00 PM. Saturday work 7:00 AM to 4:00 PM is allowed with written approval and at no extra cost to the City.

The work hours will be strictly enforced. The Project Manager has full authority to implement the working hours and completely shut down the construction operations outside the hours of work specified. Should the provisions of this section not be met, liquidated damages shall be applied.

Time of Completion
The Contractor shall begin work within 5 calendar days after the contract has been approved by the Project Manager.

The Contractor shall diligently prosecute the work to completion before the expiration of the number of days as specified in the Notice Inviting Bids after the date of the first working day.

The time of completion shall include all allowances for mobilization and total completion of all work including final punch list work and final clean up. Working days shall be as shown on the Construction Workday Calendar contained in Appendix B.

Contract Sum
The “Contract Sum” shall be the price indicated in Contractor’s signed proposal and as agreed upon by the Contractor and City in the Contract.

Liquidated Damages
Time is of the essence for completion of this project. The Contractor shall pay to the City of Campbell $3,600 per day for each and every calendar day delay in the finishing of the work in excess of working days specified in the Notice Inviting Bids . Liquidated damages shall also be assessed for non-compliance with the requirements stated in "Hours of Work" under Section 10- 1, “General Construction Requirements”, of these Special Provisions.” SECTION 9. MEASUREMENT AND PAYMENT
General Measurement and Payment Requirements
Attention is directed to Section 9, “Measurement and Payment” of the CCSS. The Contractor shall submit in all field quantities completed to date for payment with each monthly pay estimate. The Contractor shall provide, in writing, who from their team will be responsible for field measuring quantities with the Project Manager. Upon completion of a contract bid item, the Contractor’s representative shall field measure the final quantities with the Project Manager. This agreed upon amount will be considered final and no re -measuring of these field quantities will be allowed without the approval of the City. All supporting documentation required for payment of an item shall be submitted by the Contractor within two pay periods following the work. Documentation

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submitted more than two pay periods after the work was completed will not be paid and the cost of this work shall be borne by the Contractor.

SECTION 10. TECHNICAL PROVISIONS
10-1 CONSTRUCTION REQUIREMENTS
Project Plans
There are no separate plans for this project. The descriptive specifications, details, diagrams, location map, and photos included in the specifications are considered the Plans.

Mobilization
Mobilization shall not be separately paid for but shall be considered as included in the payments for other items of work. This shall include full compensation for furnishing all labor and materials, including tools, equipment and incidentals, and for performing all of the work involved in placing, removing, storing, maintaining, moving to new locations, replacing and disposing of equipment and materials as specified in the CCSS, SJSS, SJSD, SS, SSP, these Special Provisions, and as directed by the Project Manager.

Progress Schedule/Record Drawings
Attention is directed to Section 8 -1.04, “Progress Schedule,” of the CCSS and Section 5 -1.04A, “Record Drawings,” of the SJSS.

Contractor shall submit updated progress schedules and record drawings to the Project Manager as a condition of approval for the monthly progress payments and final progress payment, respectively.

Cooperation
Attention is directed to Section 7-1.14, “Cooperation,” a nd 8 -1.10, “Utility and Non -Highway Facilities” of the SJSS.

It is the Contractor’s responsibility to coordinate the removal, relocation, raising to grade, installation of new facilities, or any other utility work as shown on the plans or indicated in the specifications with the appropriate utility company. The Cont ractor shall provide advance notification and shall allow sufficient time and workspace for the utility company to complete the work necessary.
24-Hour Contact Number
The Contractor shall assign a project superintendent who has the complete authority to make decisions on behalf of the Contractor. The project superintendent shall be on the job at all times during construction and shall be available and on call 24 -hours a day for the duration of the project. The Contractor shall provide to the Project Manager and to the Campbell Police Department a 24-hour contact number for the project superintendent. This number shall not direct calls to a recorder or other message taking service.

Meetings
Prior to commencement of any work on the project, a pre -construction conference will be scheduled by the City for the purpose of review and discussion of the project schedule and

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construction procedures. The Contractor’s project manager and/or project superintendent and representatives from all listed subcontractors shall be required to attend the pre -construction conference. The Contractor shall prepare and submit at the pre -construction meeting the proposed project schedule, water pollution control plan, traffic control plan, public notification letter, and other submittals as specified under Special Provision Section 6, “Control of Materials.” The Contractor shall also schedule and conduct weekly field meetings at locations to be determined by the City. The meetings shall be held at the same time and place each week and shall include all subcontractors working on the project or scheduled to work on the project during the week of the meeting. The Contractor shall notify the Project Manager of the time, date, and location of these meetings 72 -hours in advance of the first meeting. Detailed schedules for the following two weeks shall be submitted to the Project Manager at each weekly meeting.

Waste Haulers and Recycling Operations
The Contractor shall not impair or impede waste hauler and recycling operations scheduled to be conducted within the project area. It is the Contractor’s responsibility to determine which waste hauler and recycling operators are scheduled to operate within the project area, and to develop a project schedule that will not impair or impede the waste hauler or recycling operations.

Project Appearance and Street Sweeping
The Contractor shall maintain a neat appearance to the work site. Debris developed during construction shall be disposed concurrently with its generation. Stockpiling of debris or construction materials shall not be allowed unless otherwise approved by the Project Manager.

Parking at the Community Center used by the contractor’s forces shall be swept daily and immediately following all construction operations. Should the Contractor fail to perform these duties, the Project Manager, at the Project Manager’s sole discretion, may elect to have the City or contract others to perform these duties, deducting the expenses incurred from any money due, or to become due to the Contractor.

Notwithstanding these specifications, the use of any public property or public rights of way locations as construction staging points is prohibited, unless specifically approved by the Project Manager.

Dust/Erosion/Drainage Control
Provide temporary erosion, dust, and drainage control measures during construction. Follow best management practices as recommended by Santa Clara County Non -Point Source Pollution Control Board. The Contractor shall conform to the City’s ordinance and Bes t Management Practices (BMP) for the Construction Industry preventing contamination of the City’s Storm Drain System. A copy of the Ordinance and the BMP’s are included in Appendix C and D.

Upon failure of the Contractor to remove the dust nuisance within two (2) hours after notification by the Project Manager, the City may order that such work be done by others and all costs therefore shall be deducted from monies owed or to be owed to the Contractor. The contractor shall not be relieved of responsibility to perform the dust nuisance work.

Recycled Water/Non-Potable Water
For the life of the project the Contractor shall comply with Drought Stage 3 requirements of the City Ordinance 2190 of the Campbell Municipal Code entitled “Potable Water Use Restrictions.”

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Examples of construction related activities include the following: grading, compaction, concrete wetting, dust control, landscape irrigation, pressure washing, sewer flushing, trenching, backfilling and excavation.

Recycled/Non-potable water can be obtained through South Bay Water Recycling (SBWR), a recycled water wholesaler. Contractors must complete a free training at the SBWR facility for at least two hours and have their water trucks inspected and labeled before they can obtain meters from the recycled water retailers including San Jose Water Company or San Jose Municipal Water Company. Additional informati on regarding this facility, fact sheet, frequently asked questions, user agreement, and map of recycled wate r access points are found in Appendix E. The Contractor may also call SWBR at (408) 277-3671.

The Contractor shall provide certified recycled/non -potable water truck(s) for construction activities during construction hours, including clean-up operations.

The Contractor shall apply for the required encroachment permits, tow -away permit, and/or hazardous materials storage system permit from the applicable agencies (with copies of the form and application submitted to the Project Manager) prior to beginning work in the affected areas.

The Contractor shall submit copies of the permits, once issued, to the Project Manager.

The Contractor shall submit to the Project Manager for review a Water Supply Plan and copies of the truck(s) and driver(s) certification(s) to handle recycled/non-potable water.

Payment for compliance with this section shall be deemed included in the various other items of the work, and no additional compensation will be allowed therefor.

Measurement and Payment
Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all of the work involved in compliance with the Plans, Specifications and Special Provisions of Section 10-1, “Construction Requirements”, shall be deemed included in the price paid for other contract items and no additional compensation shall be allowed therefore. 10-2 PUBLIC SAFETY

Maintenance of Pedestrian Access and Circulation
Safe pedestrian access and circulation that is fully wheelchair accessible shall be maintained by the Contractor around the project area. All walkways, pedestrian crossings, ramps and other pedestrian facilities removed or blocked by the Contractor’s opera tions shall be replaced with temporary facilities including proper signage unless otherwise approved by the Project Manager.

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Access Requirements
The Contractor shall maintain access to all businesses and public facilities at all times unless otherwise approved by the Project Manager.

10-3 EXISTING FACILITIES

General
Existing Facilities shall conform to Section 15, “Existing Facilities” of the SJSS and CCSS, the plans and these Special Provisions and all other applicable project specifications.

Protect Existing Facilities To Remain
The Contractor shall work around and protect all existing improvements to remain, including but not limited to existing utilities, monumentation, benchmarks, storm drainage facilities, utility vaults, traffic detector loops, home runs and handholes, concre te and asphalt concrete pavement, pavement markings, landscaping, irrigation facilities, and appurtenances that are within or adjacent to the construction areas.

The Contractor shall notify Underground Service Alert (USA) prior to beginning any work.

Notification shall be in full compliance with USA. At the conclusion of the project, the Contractor must remove all USA markings from all paved and concrete surfaces t hroughout the job site without damaging said surfaces. The method of removing the USA markings is at the Contractor’s discretion.

The Contractor is responsible for locating and field verifying the locations of all existing utilities prior to all construction activities and protecting all facilities during construction. The Contractor shall protect existing electroliers/streetlights when placing construction signs.

The Contractor shall immediately repair or remove and replace any item damaged or injured by his operations at his sole expense and to the satisfaction of the Project Manager. The Contractor shall immediately notify the appropriate owner of the improvement or facility and the Engineer of any damage as a result of his operations to existing improvements or facilities. If the improvement belongs to a private residence and the pr operty owner or occupant is not at home, such notification shall be attached to th e front door of the property. All underground facilities that are damaged by the Contractor during construction shall be restored by the Contractor within two (2) hours after the damage is done.

All existing improvements, including but not limited to, irrigation systems, brick work, stonework, fences, mailboxes, turf and landscaping, on public right -of-way which are obstacles to forming operations may be removed as necessary for this type of work. The Contractor shall notify the adjacent property owner and the Project Manager prior to removal of any existing improvements.

After removing the forms, all the existing improvements shall be restored to their original or better condition at no additional cost to the City. If the Contractor fails to comply in providing the necessary restoration work as defined, the Project Manager may elect to have the City or other contract forces perform all these duties, deducting all the expenses incurred from any moneys that are due, or to become due, to the Contractor. By exercising this option, the Contractor is in no way relieved of the responsibilities to perform these duties.

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10-4 DEMOLITION
PART 1 – GENERAL
Description of Work
A. Remove and dispose of the existing roofing surface materials and all other materials necessary within the project scope. The contractor is responsible for the proper disposal of all materials generated as part of this contract. Due and care shall be exercised to avoid damage to the existing roof substructure material during the removal of the existing roof surface. The contractor shall assume all responsibility and cost associated with any damage to the exiting base surface caused by the removal operation.

Review
A. Contractor shall review with Engineer the exact limits of work and the extent of materials to be removed.

1. The City assumes no responsibility for the actual condition of items or structures to be demolished.

2. Prior to commencing work, perform a site survey to identify existing areas of damage to adjacent building areas and other buildings.

Standards
A. All work shall conform to ANSI A10.6, Safety Requirements for Demolition Operations and to all City/County codes and regulations.

Schedule
PART 2 – EXECUTION
General Operations
A. Clean-up: Remove debris, rubbish and other materials resulting from demolition operations from the construction site. Transport and legally dispose of materials off-site.

B. Damage Repairs: Promptly repair damages caused to adjacent facilities by demolition work at no cost to the City.

Removals
A. General: Strip the site of all materials not to remain as part of the finished work. All such materials shall be legally disposed of off -site at the Contractor's expense, except as otherwise noted on the drawings. Items to be disposed of off-site include but are not limited to the following:

1. Existing roofing materials

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B. The operation shall be controlled and contained so as not to impair the safe passage of traffic adjacent to the building.

Utilities and Public Facilities
A. Utility Protection: Where any marked or unmarked utility lines or other underground obstruction or piping is encountered within the work area, notify the Engineer and the agencies or service utility companies having jurisdiction thereof, and take necessary measures to prevent interruption of service (if live). Should such lines or service be damaged, broken, or interrupted, those services shall be repaired immediately and restored by the Contractor at his or her own expense. Contractor to protect, maintain, and operate remaining irrigation, water, and electricity to remaining park operation throughout duration of construction.

B. Abandoned Utilities: Abandoned lines, meters and boxes, obstructions or piping shall be removed, plugged or capped in accordance with the requirements and approval of the agencies affected.

C. Public Facilities: It shall be the responsibility of the Contractor to ascertain whether any public facilities exist along the line of work, whether or not shown on the plans.

The Contractor shall, at the Contractor’s expense, do any necessary work to save from damage all such property in or adjacent to the work, and shall repair all damage thereto caused by the Contractor’s operations.

PART 3 – MEASUREMENT AND PAYMENT
10-5 ROOFING REPLACEMENT

Contractor Quality Control
A. The CONTRACTOR and MANUFACTURER must have a minimum of 5 years of experience in the installation of modified bituminous roofing materials in the California market.

B. The CONTRACTOR shall be able to furnish evidence that they have been in business for a period of not less than 3 years, under the present name, and if required, furnish financial statements for each of the past 3 years.

C. The MANUFACTURER must have a minimum of 10 years of experience with modified bituminous roofing materials.

D. All components must be MANUFACTURED in the United States in an ISO 9001:2008 Certified facility to ensure the highest quality materials.

E. CONTRACTOR is to provide a list of completed facilities utilizing the same product as specified.

F. All components must be MANUFACTURED in the United States.

G. The CONTRACTOR must supply a third party insured warranty covering this project.

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BUILDING M ROOF REPLACEMENT (Base Bid)

1. Tear off and dispose of entire low slope roof system down to the sheathing and dispose of properly.

2. Demo pipe jacks, vent hoods, counter flashings, edge metal, gutters, downspouts, and replace.

3. Tack nail HPR Glasbase to wood sheathing.

4. Mechanically fasten ½” Dens Deck Prime per wind uplift calculations.

5. Remove and replace gutter and edge metals with new 22 ga. sheet metal.

6. Install Stressbase 120 in GreenLock Adhesive at 2 gal/sq., and Stressply FR Mineral in GreenLock Adhesive at 2 gal/sq.

7. Install Stressbase 80 Primium in GreenLock Flashing Adhesive at 5 gal/sq, Stressply EUV FR Mineral in GreenLock Flashing Adhesive at 5 gal/sq.

8. Install coping cap to entire parapet wall.

9. New flashings, unit counter flashing, new dura block sleepers, pipe jacks, etc

10. Install new Dura Walk Conduit Sleepers throughout.

11. Coat roof section (INDICATED ON ROOF PLAN) with Pyramic Plus LO at 1.5-gal base coat, 1.5 gal top coat.

Coat roof section (INSICATED ON ROOF PLAN) with GreenLock White Coating at 2 gal per 100 sqft and 3/8” Lucas Gravel at 200lbs per 100 sqft.

Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all of the work involved in compliance with the Plans, Specifications and Special Provisions of Section 10-29 “Building M Roof Replacement”, shall be included and paid for in the lump sum (LS) price paid for:

BUILDING M ROOF REPLACEMENT (LS) BID ITEM #1

ADDITIVE ALTERNATE #A: M Building Penthouse roofs

1. Tear off and dispose of entire low slope roof system down to the sheathing and dispose of properly.

2. Demo pipe jacks, vent hoods, counter flashings, edge metal, gutters, downspouts, and replace.

3. Tack nail HPR Glasbase to wood sheathing.

4. Mechanically fasten ½” Dens Deck Prime per wind uplift calculations.

5. Remove and replace gutter and edge metals with new 22 ga. sheet metal.

6. Install Stressbase 120 in GreenLock Adhesive at 2 gal/sq., and Stressply FR Mineral in GreenLock Adhesive at 2 gal/sq.

7. Install Stressbase 80 Primium in GreenLock Flashing Adhesive at 5 gal/sq, Stressply EUV FR Mineral in GreenLock Flashing Adhesive at 5 gal/sq.

8. New flashings, unit counter flashing, new dura block sleepers, pipe jacks, etc

9. Install new Dura Walk Conduit Sleepers throughout.

10. Coat roof section (INDICATED ON ROOF PLAN) with Pyramic Plus LO at 1.5-gal base coat, 1.5-gal top coat.

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ADDITIVE ALTERNATE BUILDING M PENTHOUSE ROOFS BID ITEM #A1 ADDITIVE ALTERNATE #B: M Building Penthouse Exterior Walls

1. Remove wood panels on roof rake sides only.

2. Dispose of all wood, and felts down to the sheathing, or framing.

3. Replace damaged, or rotten wood framing, or sheathing ‘like in kind’.

4. Install new ½” Dens Deck

5. Prime with SA Primer at 0.5 gal per 100 sq ft.

6. Install R-Mer Seal UDL to wall sections.

7. Install R-Mer Wall Panel per wind calculations.

ADDITIVE ALTERNATE BUILDING M PENTHOUSE EXTERIOR WALLS BID ITEM #B1

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SECTION 06 5100

ROUGH CARPENTRY

1. PART 1 GENERAL

1.01 SUMMARY
A. This section specifies rough carpentry, including all framing, and sheathing.

1. All damaged or dry rot wood to be replaced ‘like in kind’.

1.02 RELATED SECTIONS
A. Section 07000 - Scope of Work Milestones
B. Section 07015 - Preparation for roof replacement
C. Section 07610 – Sheet metal flashing and trim

1.03 QUALITY ASSURANCE
A. Furnish materials complying with the following:

1. Softwood Lumber.
a. Graded in accordance with the latest edition of "Standard Grading Rules No. 17,” WCLIB, or "Western Grading Rules," WWPA. Lumber grades specified below are taken from " Standard Grading Rules, No.

17." Equal grades from "Western Grading Rules" are acceptable.

Furnish lumber bearing a recognized grading bureau mark or a "Certificate of Grade" may be substituted. Where a grade for Douglas Fir (DF) species is indicated, other species, if approved by the COR, may be supplied on an equal stress grade basis.

2. Pressure Treatment.
a. Waterborne, conforming to AWPA C2, AWPA P5.

3. Plywood.
a. Graded in accordance with APA PS 1-95. Furnish panels identifiable by a grade trademark of a recognized grading association. Index numbers listed (i.e. 24/0) may be larger but not smaller than shown.

4. All materials and construction techniques shall meet applicable Local codes or the requirements herein, whichever is stricter.

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2. PART 2 - PRODUCTS

2.01 MATERIALS
A. Lumber.

1. Furnish S4S lumber, unless otherwise shown on drawings. Furnish lumber with a moisture content of 19 percent or less for material 3 inches and less in nominal thickness, unless otherwise specified.

B. 15 lb. felt.

1. Install under pressure treated wood in contact with concrete.

C. Framing Members.

1. Beams.
a. 4 inches and less in width: No.2, DF, S-dry.
b. 5 inches and wider: No. 1 DF.

2. Joists and Stair Stringers.
a. No. 2, DF, S-dry.

3. Rafters.
a. No. 2, DF, S-dry.

4. Studs & Plates (2 x 4 and smaller): Stud or standard grade, DF, Larch, Hemlock, S-dry.

5. Headers.
a. No. 2, DF, Larch, Hemlock, S-dry.
b. Studs and Plates (2 x 6 and larger): No. 2, DF, Larch, Hemlock, S-dry. c. Blocking.
1) Standard grade, DF, Larch, Hemlock, S-dry.

6. Columns.
a. No. 1, DF.

D. Subfloor.

1. 1/2-inch CDX plywood 32/16.

2. 2 x 6 T&G decking, Commercial Dex., DF, S-dry.

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E. Exterior Sheathing.

1. Roof Sheathing.
a. (Concealed Surfaces) 5/8-inch CDX ext. plywood, 24/0; (Exposed surface) 1/2-inch C-C ext., plywood 24/0.
b. (Concealed Surfaces) 3/4-inch C-C ext. plywood, 30/12; (exposed surfaces and soffits) 1 x 6, T&G, "B" finish, KD, WRC.
c. 2 x 6, T&G, decking, Commercial Dex., DF, S-dry.

2. Wall Sheathing.
a. 1/2-inch CDX, plywood 24/0.

3. PART 3 - EXECUTION

3.01 CONSTRUCTION
A. Framing.

1. Make joints in beam and girders over supports unless shown otherwise on the drawings.

2. Nail built-up girders from both sides with 16d nails at 30 inches on center staggered in 2 rows. Provide 2 nails at each end of each piece and each splice.

3. Set sills level and anchored on the foundation. Set in a full bed of Portland Cement mortar, if necessary to obtain full bearing. Provide flat washers on all anchor bolts.

4. Set joist with crown side up. Install solid blocking over supports. Provide a minimum of 1-1/2-inch bearing for each joist. Nail with two 16d nails at each bearing. Double joists under parallel partitions and at all openings.

5. Toenail rim joists to sill with 8d nails 16 on center.

6. Lap joists over girders 4 inches minimum. Nail with three 16d nails from each side.

7. Notching of joist will be allowed in the end 1/3 of the span only. Limit notching to 1/6 of the joist depth.

8. Set rafters with crown edge up. Cut birds-mouths to provide full bearing. Nail rafters to top plate with two 8d nails and to ceiling joists with three 16d or five 10d nails.

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9. Fabricate trusses as shown on the drawings. Nail to top plate with four 10d nails. Install framing anchors where shown on the drawings.

10. Provide continuous length studs. Nail studs to top plate with four 8d toenails or two 16d end nails.

11. Install full length cripples at all openings. Nail cripples to studs with 16d nails at 24 inch on center. Toenail cripple to header with two 8d nails.

12. Provide headers, over opening, of a size indicated below:

Maximum 3'-6" span 2-2x6's
Maximum 5'-0" span 2-2x8's
Maximum 6'-6" span 2-2x10's
Maximum 8'-0" span 2-2x12's
Maximum 8'-0" span 2-2x12's

13. Space header material with plywood or surfaced lumber to equal the stud depth.

14. End nail studs to header with three 16d nails.

15. Do not splice columns. Cut ends square to provide full bearing. Nail columns top and bottom with four 16d toenails, or as shown on drawings.

B. Subfloor.

1. Lay plywood subfloor with face grain at right angles to supports.

2. Space panel ends and edges 1/32 inch. Stagger end joints. Nail with 8d nails 6 inch on center at edges, and 10 inch on center intermediate supports.

3. Install 2 inch T&G subfloor at right angles to the supports. Make joints over supports, unless end matched. Stagger end joints a minimum of 1 span.

Nail with two 16d nails at each support, 1 blind nail and 1 face nail.

C. Exterior Sheathing.

1. Install roof sheathing at right angles to supports. Stagger end joints a minimum of 1 span. Nail with two 8d nails at each support.

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2. Apply plywood roof sheathing with the face grain at right angles to supports.

Stagger end joints. Nail with 8d nails 6 inch on center at edges and 12 inch on center at intermediate supports.

3. Apply 1x6 inch T&G roof sheathing at right angles to supports. Make all joints over supports. Stagger end joints. Nail with two 8d nails at each support.

4. Install 2 inch T&G roof sheathing at right angles to supports. Make joints over supports, unless end matched. Stagger end joints a minimum of 1 span.

Nail with two 16d nails at each support, 1 blind nail and 1 face nail.

5. Apply plywood wall sheathing with the face grain vertical. Nail with 6d nails at 6 inch on center at edge and 12 inch on center at intermediate supports.

E. Treated Wood.

1. Field treat cuts and holes in pressure treated members with copper naphthenate.

F. Exposed Hardware.

1. Provide rough hardware for the proper installation of work. Install hot-dipped galvanized hardware, nails, bolts, etc. at locations exposed to the weather.

END OF SECTION

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SECTION 07 0150

PREPARATION FOR ROOF REPLACEMENT
PART 1 - GENERAL

1.01 SECTION INCLUDES
A. Removal of existing roofing system in preparation for modified bitumen roofing system.

1.02 RELATED REQUIREMENTS
A. Section 06510 - Rough Carpentry.

B. Section 07610 Sheet Metal flashing and trim

1.03 PROJECT CONDITIONS
A. Conform to applicable regulatory procedures when hazardous or contaminated materials are discovered.

B. Schedule work to coincide with commencement of installation of new roofing system.

C. Remove only existing roofing materials that can be replaced with new materials the same day.

D. Coordinate the work with other affected mechanical and electrical work associated with roof penetrations.

E. Do not disable or disrupt building fire or life safety systems without 10 (ten) days' prior written notice to Owner.

F. Do not close or obstruct egress from any building exit or site exit.

G. Conduct roof removal to minimize interference with adjacent and occupied building areas.

H. Use all means necessary to protect existing objects, construction and plantings designated to remain. In the event of damage, make all repairs and replacements necessary for approval of Owner at no additional cost to the Owner.

I. Protective measures: Provide all necessary safeguards, including warning signs and lights, barricades, and the like, for protection of the public, Contractor's employees and existing improvements during demolition. Prevent access of unauthorized persons to area of work
J. Provide at least one person who shall be present at all times during execution of this portion of the work, be thoroughly familiar with the type of work being performed and the best methods for its execution and who shall direct all work performed under this Section.

K. Control the use of water to prevent damage to the existing facilities to remain. Provide wet vacuum equipment where water, such as waste cooling water from concrete sawing or water used as dust emollient, is used adjacent to and in existing buildings.

L. Cease operations immediately if structure appears to be in danger and notify Owner’s rep. Do not resume operations until directed.

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1.04 SCHEDULING
A. Schedule work under the provisions of Section 01310.

B. Schedule work to coincide with Solar and HVAC roof work.

C. Coordinate preparation for roofing with other trades to assure the proper sequence, limits, methods and time of performance. Schedule work so as to impose a minimum of hardship on the present operation of facilities and the performance of the work of other trades or contracts.

D. Describe removal procedures and schedule.

1.05 FIELD CONDITIONS
A. Do not remove existing roofing membrane when weather conditions threaten the integrity of the building contents or intended continued occupancy.

B. Maintain continuous temporary protection prior to and during installation of new roofing system.

PART 2 PRODUCTS

2.01 MATERIALS
A. Temporary Protection: Sheet polyethylene; provide weights and temporary fasteners to retain sheeting in position.

PART 3 EXECUTION

3.01 EXAMINATION
A. Verify that existing roof surface is clear and ready for work of this section.

3.02 PREPARATION
A. Provide, erect, and maintain temporary barriers at locations required to prevent unauthorized access to area of work.

B. Inspect the area of work and verify locations of all items designated to be removed or preserved.

C. Do not begin work until temporary barricades, warning signs and other forms of protection are installed.

D. Erect and maintain weatherproof closures for exterior openings.

E. Erect and maintain temporary partitions to prevent spread of dust, odors, and noise to permit continued occupancy of adjacent buildings.

F. Protect existing equipment, materials and features that are not to be demolished or removed for re-installation.

G. Prevent movement of structure; provide bracing and shoring.

1. Be responsible for the adequacy and design of all temporary shoring and bracing systems.

H. Notify affected utility companies before starting work and comply with their

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requirements.

1. Mark location and termination of utilities.

2. Provide appropriate temporary signage including signage for exit or building egress.

I. Sweep roof surface clean of loose matter.

J. Remove loose refuse and dispose of offsite.

3.03 MATERIAL REMOVAL
A. Disconnect, cap, and identify designated utilities within removal areas.

B. Remove metal flashings as required.

C. Remove roofing membrane, shingles, perimeter base flashings, flashings around roof protrusions, pitch pans and pockets as required.

E. Repair existing wood deck surface to provide smooth working surface for new roof system.

F. Work not mentioned to be removed that interferes with new construction shall be cut to clean cut lines to provide for proper interface with new construction, or patching and repair, as required for scope of work indicated.

3.04 PROTECTION
A. Provide temporary protective sheeting over uncovered deck surfaces.

B. Turn sheeting up and over parapets and curbing. Retain sheeting in position with temporary fasteners.

C. Provide for surface drainage from sheeting to existing drainage facilities.

D. Do not permit traffic over unprotected or repaired deck surface.

3.05 SALVAGE
A. Items indicated to be re-installed shall be removed carefully, cleaned and stored in a protected location on or off the site until re-installed.

3.06 PATCHING
A. Patch materials to remain when damaged by this work. Finish materials and appearance of the patch or repair work shall match the existing contiguous materials and finishes in all respects and shall be approved by Owner.

B. Where materials are removed oversize or in improper location, replace the excess removed material as instructed by Owner at no additional cost to the Owner.

3.07 RE-INSTALLATION
A. Re-Install removed items as indicated on roof plans or details. Securely attach, provide watertight, weatherproof installation.

3.08 CLEAN-UP AND DISPOSAL
A. Debris, waste, and removed materials, other than items to be salvaged, are Contractor's property for legal disposal off the site, as required by applicable Federal and State regulations. Continuously clean up and remove these items. Do not allow

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removed items to accumulate.

B. Leave the site in a neat and orderly condition prepared for the work of other trades.

END OF SECTION

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SECTION 07550

MODIFIED BITUMINOUS MEMBRANE ROOFING
PART 1 GENERAL

1.1 SECTION INCLUDES
A. Cold Applied 2-Ply Solvent Free Asphalt Roofing (StressPly, OptiMax, or Versiply). (2.5)(3.4)

1.2 RELATED SECTIONS
A. Section 05050 - Roof Deck Substrate Preparation.

B. Section 05300 - Metal Roof Deck.

C. Section 06100 - Rough Carpentry.

D. Section 06114 - Wood Blocking and Curbing: Wood nailers and cant strips.

E. Section 07220 - Insulation Board: Insulation and fastening.

F. Section 07620 - Sheet Metal Flashing and Trim: Weather protection for base flashings.

G. Section 07710 - Manufactured Roof Specialties: Counter flashing gravel stops, and fascia.

H. Section 07724 - Roof Hatches: Frame and integral curb; Counter flashing.

I. Section 08620 - Unit Skylights: Skylight frame and integral curb and counter flashing.

J. Section 08630 - Metal-Framed Skylights: Skylight frame and integral curb and counter flashing.

K. Section 08950 - Translucent Wall and Roof Assemblies: Counter flashing L. Section 08960 - Sloped Glazing Assemblies: Counter flashing.

M. Section 15120 - Piping Specialties: Roof Drains, Sumps.

1.3 REFERENCES
A. ASTM D 41 - Standard Specification for Asphalt Primer Used in Roofing, Dampproofing, and Waterproofing.

B. ASTM D 312 - Standard Specification for Asphalt used in Roofing.

C. ASTM D 451 - Standard Test Method for Sieve Analysis of Granular Mineral Surfacing for Asphalt Roofing Products.

D. ASTM D 1970 - Specification for Sheet Materials, Self-Adhering Polymer Modified Bituminous, Used as Steep Roofing Underlayment for Ice Dam Protection.

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E. ASTM D 1079 Standard Terminology Relating to Roofing, Waterproofing and Bituminous Materials.

F. ASTM D 1227 Standard Specification for Emulsified Asphalt Used as a Protective Coating for Roofing.

G. ASTM D 1863 Standard Specification for Mineral Aggregate Used as a Protective Coating for Roofing.

H. ASTM D 2178 Standard Specification for Asphalt Glass Felt Used in Roofing and Waterproofing.

I. ASTM D 2824 Standard Specification for Aluminum-Pigmented Asphalt Roof Coating.

J. ASTM D 4586 Standard Specification for Asphalt Roof Cement, Asbestos-Free.

K. ASTM D 4601 Standard Specification for Asphalt Coated Glass Fiber Base Sheet Used in Roofing.

L. ASTM D 5147 Standard Test Method for Sampling and Testing Modified Bituminous Sheet Materials.

M. ASTM D 6162 Standard Specification for Styrene Butadiene Styrene (SBS) Modified Bituminous Sheet Materials Using a Combination of Polyester and Glass Fiber Reinforcements.

N. ASTM D 6163 Standard Specification for Styrene Butadiene Styrene (SBS) Modified Bituminous Sheet Materials Using Glass Fiber Reinforcements.

O. ASTM D 6164 - Standard Specification for Styrene Butadiene Styrene (SBS) Modified Bituminous Sheet Materials Using Polyester Reinforcements.

P. ASTM D 6754 - Standard Specification for Ketone Ethylene Ester (KEE) Sheet Roofing.

Q. ASTM D 6757 - Standard Specification for Underlayment Felt Containing Inorganic Fibers Used in Steep-Slope Roofing.

R. ASTM E 108 - Standard Test Methods for Fire Test of Roof Coverings S. Factory Mutual Research (FM): Roof Assembly Classifications.

T. National Roofing Contractors Association (NRCA): Roofing and Waterproofing Manual.

U. Sheet Metal and Air Conditioning Contractors National Association, Inc. (SMACNA) - Architectural Sheet Metal Manual.

V. Underwriters Laboratories, Inc. (UL): Fire Hazard Classifications.

W. Warnock Hersey (WH): Fire Hazard Classifications.

X. ANSI-SPRI ES-1 Wind Design Standard for Edge Systems used with Low Slope Roofing Systems.

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Y. ASCE 7, Minimum Design Loads for Buildings and Other Structures Z. UL - Fire Resistance Directory.

AA. FM Approvals - Roof Coverings and/or RoofNav assembly database.

BB. FBC - Florida Building Code.

CC. Miami-Dade Building Code Compliance - N.O.A. (Notice of Acceptance).

DD. California Title 24 Energy Efficient Standards.

1.4 DESIGN / PERFORMANCE REQUIREMENTS
A. Perform work in accordance with all federal, state and local codes.

B. Exterior Fire Test Exposure: Roof system shall achieve a UL, FM or WH Class rating for roof slopes indicated on the Drawings as follows:

1. Factory Mutual Class A Rating.

2. Underwriters Laboratory Class A Rating.

3. Warnock Hersey Class A Rating.

C. Design Requirements:

1. Uniform Wind Uplift Load Capacity
a. Installed roof system shall withstand negative (uplift) design wind loading pressures complying with the following criteria. 1) Design Code: ASCE 7, Method 2 for Components and Cladding. 2) Importance Category:
a) I.
b) II.
c) III.
d) IV
3) Importance Factor of:
a) 0.77
b) 1.0
c) 1.15
d) 2.0
4) Wind Speed: ___ mph
5) Ultimate Pullout Value: ___ pounds per each of the fastener 6) Exposure Category:
a) B.
b) C.
c) D.
7) Design Roof Height: ___ feet.
8) Minimum Building Width: ___ feet.
9) Roof Pitch: ___ :12.
10) Roof Area Design Uplift Pressure:
a) Zone 1 - Field of roof ___ psf
b) Zone 2 - Eaves, ridges, hips and rakes ___ psf
c) Zone 3 - Corners ___ psf

2. Snow Load: ___ psf.

3. Live Load: 20 psf, or not to exceed original building design.

4. Dead Load:

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a. Installation of new roofing materials shall not exceed the dead load capacity of the existing roof structure.

D. Energy Star: Roof System shall comply with the initial and aged reflectivity required by the U.S. Federal Government's Energy Star program.

E. LEED: Roof system shall meet the 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.

F. Roof System membranes containing recycled or bio-based materials shall be third party certified through UL Environment.

G. Roof system shall have been tested in compliance with the following codes and test requirements:

1. Florida FBC (For use outside Miami-Dade and Broward Counties):
a. Membrane Systems FL____
b. Roofing Underlayments FL_____
c. Roofing Cements and Coatings FL____

2. Miami-Dade County:
a. Self-Adhered Membrane Systems Over:
1) Concrete Decks N.O.A.
2) Lightweight Concrete Decks N.O.A.
3) Recover Decks N.O.A.
4) Steel Decks N.O.A.
5) Wood Decks N.O.A.
b. Torch and Mop Membrane Systems Over
1) Concrete Decks N.O.A.
2) Lightweight Concrete Decks N.O.A.
3) Recover Decks N.O.A.
4) Steel Decks N.O.A.
5) Wood Decks N.O.A.
c. Roofing Underlayments
1) Garland Underlayments N.O.A.
d. Roofing Cements and Coatings
1) Garland Coatings and Mastics N.O.A.

3. Cool Roof Rating Council:
a. CRRC Directory CRRC ____

4. International Code Council Evaluation Service (ICC-ES):
a. Membrane Systems
1) ESR-_____
b. Roofing Underlayments
1) Garland Underlayments ESR-_____
2) Surfacing UDL ESR-_____

5. Texas Department of Insurance:
a. Product Evaluation RC-___

6. Underwriters Laboratories:
a. Certification TGFU.R________

7. Warnock Hersey
a. ITS Directory of Listed Products

8. FM Approvals:

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a. RoofNav Website

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 instructions.

C. Shop Drawings: Submit shop drawings including installation details of roofing, flashing, fastening, insulation and vapor barrier, including notation of roof slopes and fastening patterns of insulation and base modified bitumen membrane, prior to job start.

D. Design Pressure Calculations: Submit design pressure calculations for the roof area in accordance with ASCE 7 and local Building Code requirements. Include a roof system attachment analysis report, certifying the system's compliance with applicable wind load requirements before Work begins.

E. 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 post- consumer 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.

F. Recycled or Bio-Based Materials: Provide third party certification through UL Environment of roof System membranes containing recycled or bio based materials.

G. Verification Samples: For each modified bituminous membrane ply product specified, two samples, minimum size 6 inches (150 mm) square, representing actual product, color, and patterns.

H. Manufacturer's Certificates: Provide to certify products meet or exceed specified requirements.

I. Test Reports: Submit test reports, prepared by an independent testing agency, for all modified bituminous sheet roofing, indicating compliance with ASTM D5147.

J. Manufacturer's Fire Compliance Certificate: Certify that the roof system furnished is approved by Factory Mutual (FM), Underwritters Laboratories (UL), Warnock Hersey (WH) or approved third party testing facility in accordance with ASTM E108, Class A for external fire and meets local or nationally recognized building codes.

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

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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 NRCA Roofing and Waterproofing Manual.

B. Manufacturer Qualifications: Company specializing in manufacturing products specified with documented ISO 9001 certification and minimum of twelve years of documented experience and must not have been in Chapter 11 bankruptcy during the last five years.

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 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 MEETINGS
A. Convene minimum two weeks prior to commencing Work of this section.

B. Review installation procedures and coordination required with related Work.

C. Inspect and make notes of job conditions prior to installation:

1. Record minutes of the conference and provide copies to all parties present.

2. Identify all outstanding issues in writing designating the responsible party for follow-up action and the timetable for completion.

3. Installation of roofing system shall not begin until all outstanding issues are resolved to the satisfaction of the Architect.

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.

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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 except store KEE-Stone FB 60 rolls flat on a clean flat surface. No wet or damaged materials will be used in the application.

D. Store at room temperature wherever possible, until immediately prior to installing the roll. During winter, store materials in a heated location with a 50 degree F (10 degree C) minimum temperature, removed only as needed for immediate use. Keep materials away from open flame or welding sparks.

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

F. Adhesive storage shall be between the range of above 50 degree F (10 degree C) and below 80 degree F (27 degree C). Area of storage shall be constructed for flammable storage.

1.9 COORDINATION
A. Coordinate Work with installing associated metal flashings as work of this section proceeds.

1.10 PROJECT CONDITIONS
A. Maintain environmental conditions (temperature, humidity, and ventilation) within limits recommended by manufacturer for optimum results. Do not install products under environmental conditions outside manufacturer's absolute limits.

1.11 WARRANTY
A. Upon completion of the work, provide the Manufacturer's written and signed NDL Warranty, warranting that, if a leak develops in the roof during the term of this warranty, due either to defective material or defective workmanship by the installing contractor, the manufacturer shall provide the Owner, at the Manufacturer's expense, with the labor and material necessary to return the defective area to a watertight condition.

1. Warranty Period:
a. 30 years from date of acceptance.

B. 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.

PART 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: www.garlandco.com.

B. Requests for substitutions will be considered in accordance with provisions of Section 01600.

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C. The Products specified are intended and the Standard of Quality for the products required for this project. If other products are proposed the bidder must disclose in the bid the manufacturer and the products that they intend to use on the Project. If no manufacturer and products are listed, the bid may be accepted only with the use of products specified.

1. Bidder will not be allowed to change materials after the bid opening date.

2. If alternate products are included in the bid, the products must be equal to or exceed the products specified. Supporting technical data shall be submitted to the Architect/ Owner for approval prior to acceptance.

3. In making a request for substitution, the Bidder/Roofing Contractor represents that it has:
a. Personally investigated the proposed product or method, and determined that it is equal or superior in all respects to that specified. b. Will provide the same guarantee for substitution as for the product and method specified.
c. Will coordinate installation of accepted substitution in work, making such changes as may be required for work to be completed in all respects. d. Will waive all claims for additional cost related to substitution, which consequently become apparent.
e. Cost data is complete and includes all related cost under his/her contract or other contracts, which may be affected by the substitution. f. Will reimburse the Owner for all redesign cost by the Architect for accommodation of the substitution.

4. Architect/ Owner reserves the right to be the final authority on the acceptance or rejection of any or all bids, proposed alternate roofing systems or materials that has met ALL specified requirement criteria.

5. Failure to submit substitution package, or any portion thereof requested, will result in immediate disqualification and consideration for that particular contractors request for manufacturer substitution.

2.2 COLD APPLIED 2-PLY SOLVENT FREE ASPHALT ROOFING - STRESSPLY,

OPTIMAX, OR VERSIPLY
A. Nailable Base Sheet: One ply fastened to the deck per wind uplift calculations.

1. VersiPly 40:

B. Base (Ply) Sheet: One ply bonded to the prepared substrate with Interply Adhesive:

1. StressBase 120:

C. Modified Cap (Ply) Sheet: One ply bonded to the prepared substrate with interplay adhesive.

1. StressPly FR Mineral:

D. Interply Adhesive: (Layer 1 and 2)

1. Green-Lock Plus Membrane Adhesive:

E. Flashing Base Ply: One ply bonded to the prepared substrate with Interply Adhesive: except torch sheet.

1. StressBase 80:

F. Flashing Cap (Ply) Sheet: One ply bonded to the prepared substrate with Interply Adhesive: except torch sheet.

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Attachment: Construction Specifications and Bid Solicitation for Building M Roof Replacement Project (No. 24-SS) (CCC - Building M Roof ___________________________________________________________________________ SPECIAL PROVISIONS SP-51

1. StressPly EUV FR Mineral:

G. Flashing Ply Adhesive:

1. Green-Lock Plus Flashing Adhesive:

H. Surfacing: Requires 30 days wait before applying.

1. Aggregate/Flood Coat
a. Green-Lock Plus White Adhesive and Garla-Block 2K Primer:

2. Surface Coatings
a. Pyramic Plus LO:

PART 3 EXECUTION

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

B. Inspect and approve the deck condition, slopes and fastener backing if applicable, parapet walls, expansion joints, roof drains, stack vents, vent outlets, nailers and surfaces and elements.

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

D. If substrate preparation and other conditions are the responsibility of another installer, notify Architect of unsatisfactory preparation before proceeding.

3.2 PREPARATION
A. General: Clean surfaces thoroughly prior to installation.

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

2. Fill substrate surface voids that are greater than 1/4 inch wide with an acceptable fill material.

3. Roof surface to receive roofing system shall be smooth, clean, free from loose gravel, dirt and debris, dry and structurally sound.

4. Wherever necessary, all surfaces to receive roofing materials shall be power broom and vacuumed to remove debris and loose matter prior to starting work.

5. Do not apply roofing during inclement weather. Do not apply roofing membrane to damp, frozen, dirty, or dusty surfaces.

6. Fasteners and plates for fastening components mechanically to the substrate shall provide a minimum pull-out capacity of 300 lbs. (136 k) per fastener.

Base or ply sheets attached with cap nails require a minimum pullout capacity of 40 lb. per nail.

7. Prime decks where required, in accordance with requirements and recommendations of the primer and deck manufacturer.

3.3 INSTALLATION - GENERAL
A. Install modified bitumen membranes and flashings in accordance with manufacturer's instructions and with the recommendations provided by the National Roofing Contractors Association's Roofing & Waterproofing Manual, the Asphalt

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Roofing Manufacturers Association, and applicable codes.

B. General: Avoid installation of modified bitumen membranes at temperatures lower than 40-45 degrees F. When work at such temperatures unavoidable use the following precautions:

1. Take extra care during cold weather installation and when ambient temperatures are affected by wind or humidity, to ensure adequate bonding is achieved between the surfaces to be joined. Use extra care at material seam welds and where adhesion of the applied product to the appropriately prepared substrate as the substrate can be affected by such temperature constraints as well.

2. Unrolling of cold materials, under low ambient conditions must be avoided to prevent the likelihood of unnecessary stress cracking. Rolls must be at least 40 degrees F at the time of application. If the membrane roll becomes stiff or difficult to install, it must be replaced with roll from a heated storage area.

C. Commence installation of the roofing system at the lowest point of the roof (or roof area), working up the slope toward the highest point. Lap sheets shingle fashion so as to constantly shed water
D. All slopes greater than 2:12 require back-nailing to prevent slippage of the ply sheets. Use ring or spiral-shank 1 inch cap nails, or screws and plates at a rate of 1 fastener per ply (including the membrane) at each insulation stop. Place insulation stops at 16 ft o.c. for slopes less than 3:12 and 4 feet o.c. for slopes greater than 3:12. On non-insulated systems, nail each ply directly into the deck at the rate specified above. When slope exceeds 2:12, install all plies parallel to the slope (strapping) to facilitate backnailing. Install 4 additional fasteners at the upper edge of the membrane when strapping the plies.

3.4 INSTALLATION COLD APPLIED ROOF SYSTEM
A. Base Ply: Cut base ply sheets into 18 foot lengths and allow plies to relax before installing. Install base sheet in Interply Adhesive: applied at the rate required by the manufacturer. Shingle base sheets uniformly to achieve one ply throughout over the prepared substrate. Shingle in proper direction to shed water on each large area of roofing.

1. Lap ply sheet ends 8 inches. Stagger end laps 12 inches minimum.

2. Solidly bond to the substrate and adjacent ply with specified cold adhesive at the rate of 2 to 2-1/2 gallons per 100 square feet.

3. Roll must push a puddle of adhesive in front of it with adhesive slightly visible at all side laps. Use care to eliminate air entrapment under the membrane.

4. Install subsequent rolls of modified across the roof as above with a minimum of 4 inch side laps and 8 inch staggered end laps. Lay modified membrane in the same direction as the underlayers but the laps shall not coincide with the laps of the base layers.

5. Extend plies 2 inches beyond top edges of cants at wall and projection bases.

6. Install base flashing ply to all perimeter and projection details.

7. Allow the one ply of base sheet to cure at least 30 minutes before installing the modified membrane. However, the modified membrane must be installed the same day as the base plies.

B. Modified Cap Ply(s): Cut cap ply sheets into 18 foot lengths and allow plies to relax

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before installing. Install in interplay adhesive applied at the rate required by the manufacturer. Shingle sheets uniformly over the prepared substrate to achieve the number of plys specified. Shingle in proper direction to shed water on each large area of roofing.

1. Lap ply sheet ends 8 inches. Stagger end laps 12 inches minimum.

2. Solidly bond to the base layers with specified cold adhesive at the rate of 2 to 2-1/2 gallons per 100 square feet.

3. Roll must push a puddle of adhesive in front of it with adhesive slightly visible at all side laps. Care should be taken to eliminate air entrapment under the membrane.

4. Install subsequent rolls of modified across the roof as above with a minimum of 4 inch side laps and 8 inch staggered end laps. Lay modified membrane in the same direction as the underlayers but the laps shall not coincide with the laps of the base layers.

5. Allow cold adhesive to set for 5 to 10 minutes before installing the top layer of modified membrane.

6. Extend membrane 2 inches beyond top edge of all cants in full moppings of the cold adhesive as shown on the Drawings.

C. Fibrous Cant Strips: Provide non-combustible perlite or glass fiber cant strips at all wall/curb detail treatments where angle changes are greater than 45 degrees. Cant may be set in approved cold adhesives, hot asphalt or mechanically attached with approved plates and fasteners.

D. Wood Blocking, Nailers and Cant Strips: Provide wood blocking, nailers and cant strips as specified in Section 06114.

1. Provide nailers at all roof perimeters and penetrations for fastening membrane flashings and sheet metal components.

2. Wood nailers should match the height of any insulation, providing a smooth and even transition between flashing and insulation areas.

3. Nailer lengths should be spaced with a minimum 1/8 inch gap for expansion and contraction between each length or change of direction.

4. Nailers and flashings should be fastened in accordance with Factory Mutual "Loss Prevention Data Sheet 1- 49, Perimeter Flashing" and be designed to be capable of resisting a minimum force of 200 lbs/lineal foot in any direction.

E. Metal Work: Provide metal flashings, counter flashings, parapet coping caps and thru-wall flashings as specified in Section 07620 or Section 07710. Install in accordance with the SMACNA "Architectural Sheet Metal Manual" or the NRCA Roofing Waterproofing manual.

F. Termination Bar: Provide a metal termination bar or approved top edge securement at the terminus of all flashing sheets at walls and curbs. Fasten the bar a minimum of 8 inches (203 mm) o/c to achieve constant compression. Provide suitable, sealant at the top edge if required.

G. Flashing Base Ply: Install flashing sheets by the same application method used for the base ply.

1. Seal curb, wall and parapet flashings with an application of mastic and mesh on a daily basis. Do not permit conditions to exist that will allow moisture to enter behind, around or under the roof or flashing membrane.

2. Prepare all walls, penetrations, expansion joints and where shown on the

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Drawings to be flashed with required primer at the rate of 100 square feet per gallon. Allow primer to dry tack free.

3. Adhere to the underlying base ply with specified flashing ply adhesive unless otherwise specified. Nail off at a minimum of 8 inches (203 mm) o.c. from the finished roof at all vertical surfaces.

4. Solidly adhere the entire flashing ply to the substrate. Secure the tops of all flashings that are not run up and over curb through termination bar fastened at 6 inches (152 mm) O.C. and sealed at top.

5. Seal all vertical laps of flashing ply with a three-course application of trowel- grade mastic and fiberglass mesh.

6. Coordinate counter flashing, cap flashings, expansion joints and similar work with modified bitumen roofing work as specified.

7. Coordinate roof accessories, miscellaneous sheet metal accessory items, including piping vents and other devices with the roofing system work.

8. Secure the top edge of the flashing sheet using a termination bar only when the wall surface above is waterproofed, or nailed 4 inches on center and covered with an acceptable counter flashing.

H. Flood Coat/Aggregate:

1. Install after cap sheets and modified flashing, tests, repairs and corrective actions have been completed and approved.

2. Apply flood coat materials in the quantities recommended by the manufacturer.

3. Uniformly embed aggregate in the flood coat of cold adhesive at a rate recommended by the manufacturer.

4. Aggregate must be dry and placed in a manner required to form a compact, embedded overlay. To aid in embedment, lightly roll aggregate.

I. Flashing Cap Ply:

1. Seal curb, wall and parapet flashings with an application of mastic and mesh on a daily basis. Do not permit conditions to exist that will allow moisture to enter behind, around or under the roof or flashing membrane.

2. Prepare all walls, penetrations, expansion joints and where shown on the Drawings to be flashed with required primer at the rate of 100 square feet per gallon. Allow primer to dry tack free.

3. Adhere to the underlying base flashing ply with specified flashing ply adhesive unless otherwise specified. Nail off at a minimum of 8 inches (203 mm) o.c. from the finished roof at all vertical surfaces.

4. Coordinate counter flashing, cap flashings, expansion joints and similar work with modified bitumen roofing work as specified.

5. Coordinate roof accessories, miscellaneous sheet metal accessory items with the roofing system work.

6. All stripping shall be installed prior to flashing cap sheet installation.

7. Heat and scrape granules when welding or adhering at cut areas and seams to granular surfaces at all flashings.

8. Secure the top edge of the flashing sheet using a termination bar only when the wall surface above is waterproofed, or nailed 4 inches on center and covered with an acceptable counter flashing.

J. Surface Coatings: Apply roof coatings in strict conformance with the manufacturer's recommended procedures.

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K. Roof Walkways: Provide walkways in areas indicated on the Drawings.

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 asphalt markings from finished surfaces.

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

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. Inspection: Provide manufacturer's field observations at start-up and at intervals of approximately 30 percent, 60 percent and 90 percent completion. Provide a final inspection upon completion of the Work.

1. Warranty shall be issued upon manufacturer's acceptance of the installation.

2. Field observations shall be performed by a Sales Representative employed full-time by the manufacturer and whose primary job description is to assist, inspect and approve membrane installations for the manufacturer.

3. Provide observation reports from the Sales Representative indicating procedures followed, weather conditions and any discrepancies found during inspection.

4. Provide a final report from the Sales Representative, certifying that the roofing system has been satisfactorily installed according to the project specifications, approved details and good general roofing practice.

3.8 SCHEDULES
A. Base (Ply) Sheet:

1. StressBase 120: 120 mil SBS (Styrene-Butadiene-Styrene) rubber modified roofing base sheet with dual fiberglass reinforced scrim, performance requirements according to ASTM D 5147.
a. Tensile Strength, ASTM D 5147
1) 2 in/min. @ 0 +/- 3.6 deg. F MD 100 lbf/in XD 100 lbf/in 2) 50mm/min. @ -17.78 +/- 2 deg. C MD 17.5 kN/m XD 17.5 kN/m b. Tear Strength, ASTM D 5147
1) 2 in/min. @ 73.4 +/- 3.6 deg. F MD 100 lbf XD 85 lbf

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2) 50mm/min. @ 23 +/- 2 deg. C MD 444 N XD 378 N
c. Elongation at Maximum Tensile, ASTM D 5147
1) 2 in/min. @ 0 +/- 3.6 deg. F MD 4 % XD 4 %
2) 50mm/min@ -17.78 +/- 2 deg. C MD 4 % XD 4 %
d. Low Temperature Flexibility, ASTM D 5147, Passes -40 deg. F (-40 deg.

C)
B. Thermoplastic/Modified Cap (Ply) Sheet:

1. StressPly FR Mineral: 145 mil SBS (Styrene-Butadiene-Styrene) mineral surfaced, rubber modified roofing membrane with fire retardant characteristics, and dual fiberglass reinforced scrim. ASTM D 6163, Type III Grade G a. Tensile Strength, ASTM D 5147
1) 2 in/min. @ 73.4 +/- 3.6 deg. F MD 225 lbf/in XD 225 lbf/in 2) 50 mm/min. @ 23 +/- 2 deg. C MD 39.0 kN/m XD 39.0 kN/m b. Tear Strength, ASTM D 5147
1) 2 in/min. @ 73.4 +/- 3.6 deg. F MD 300 lbf XD 300 lbf 2) (50 mm/min. @ 23 +/- 2 deg. C MD 1335 N XD 1335 N
c. Elongation at Maximum Tensile, ASTM D 5147
1) 2 in/min. @ 73.4 +/- 3.6 deg. F MD 6% XD 8%
2) 50 mm/min. @ 23 +/- 2 deg. C MD 6% XD 8%
d. Low Temperature Flexibility, ASTM D 5147, Passes -15 deg. F (-26 deg.

C)
C. Interply Adhesive:

1. Green-Lock Plus Membrane Adhesive: Cold applied solvent free membrane adhesive: zero V.O.C. compliant performance requirements:
a. Non-Volatile Content ASTM D 4586 100%
b. Density ASTM D 1475 12.3 lbs./gal. (1.47 g/cm3)
c. Viscosity Brookfield Spindle T-E at 5 rpm 124,000 cPs. d. Flash Point ASTM D 93 400 deg. F min. (232 deg. C)
e. Slope: up to 3:12
D. Flashing Base Ply:

1. StressBase 80: 80 mil SBS (Styrene-Butadiene-Styrene) rubber modified roofing base sheet reinforced with a fiberglass scrim, performance requirements according to ASTM D 5147.
a. Tensile Strength, ASTM D 5147
1) 2 in/min. @ 0 +/- 3.6 deg. F MD 100 lbf/in XD 100 lbf/in 2) 50 mm/min. @ -17.78 +/- 2 deg. C MD 17.5 kN/m XD 17.5 kN/m b. Tear Strength, ASTM D 5147
1) 2 in/min. @ 73.4 +/- 3.6 deg. F MD 110 lbf XD 100 lbf 2) 50 mm/min. @ 23 +/- 2 deg. C MD 489 N XD 444 N
c. Elongation at Maximum Tensile, ASTM D 5147
1) 2 in/min. @ 0 +/- 3.6 deg. F MD 4 % XD 4 %
2) 50 mm/min. @ -17.78 +/- 2 deg. C MD 4 % XD 4 %
d. Low Temperature Flexibility, ASTM D 5147
1) Passes -40 deg. F (-40 deg. C)
E. Flashing Ply Adhesive:

1. Green-Lock Plus Flashing Adhesive: Cold applied solvent free flashing adhesive: zero V.O.C.

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a. Non-Volatile Content ASTM D 4586 100%
b. Density ASTM D 1475 11.8 lbs./gal. (1.17 g/cm3)
c. Viscosity Brookfield 400,000 cPs.
d. Flash Point ASTM D 93 400 deg. F min. (232 deg. C)
F. Surfacing:

1. Flood Coat/Aggregate:
a. Green-Lock Plus White Adhesive Performance Requirements:
1) Non-Volatile Content ASTM D 2369 89%
2) Density 9.85 lbs./gal.
3) V.O.C. Less than 130 g/L
4) Viscosity at 77 deg. F Brookfield viscometer 60 poise 5) Flash Point ASTM D 93 120 deg. F (41 deg. C)
6) Roofing Aggregate: ASTM D 1863
a) Slag.
b) Pea gravel.
c) White spar.

2. Flashing Cap (Ply) Sheet:
a. StressPly EUV FR Mineral: 160 mil SBS and SIS (Styrene-Butadiene- Styrene and Styrene-Isoprene-Styrene) rubber modified membrane incorporating post-consumer recycled rubber, fire retardant additives and reinforced with a fiberglass and polyester composite scrim.

Surfaced with the highly reflective Sunburst white mineral. ASTM D 6162, Type III Grade G
1) Tensile Strength, ASTM D 5147
a) 2 in/min. @ 73.4 +/- 3.6 deg. F MD 700 lbf/in XD 750 lbf/in b) 50 mm/min. @ 23 +/- 2 deg. C MD 122.5 kN/m XD 131.25 kN/m
2) Tear Strength, ASTM D 5147
a) 2 in/min. @ 73.4 +/- 3.6 deg. F MD 1300 lbf XD 1400 lbf b) 50 mm/min. @ 23 +/- 2 deg. C MD 5783 N XD 6227 N
3) Elongation at Maximum Tensile, ASTM D 5147
a) 2 in/min. @ 73.4 +/- 3.6 deg. F MD 6.0% XD 6.0%
b) 50 mm/min. @ 23 +/- 2 deg. C MD 6.0% XD 6.0%
4) Low Temperature Flexibility, ASTM D 5147, Passes -30 deg. F (- 34 deg. C)
5) Reflectivity, ASTM C 1549: 73%

3. Surface Coatings:
a. Surfacing:
1) Pyramic Plus LO: White elastomeric roof coating, Energy Star approved acrylic roof coating:
a) Weight/Gallon 11.7 lbs./gal. (1.40 g/cm3)
b) Non-Volatile % (ASTM D 1644) 63 min
c) Reflectance 83%

END OF SECTION

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SECTION 07 6100

SHEET METAL FLASHING AND TRIM
PART 1 GENERAL

1.01 SECTION INCLUDES
A. Fabricated sheet metal items, including flashings, counter flashings, and other items indicated on drawings and as follows:

1. Metal edge system with continuous cleats.

2. Skirt flashing at curbs.

3. Metal Trim, Vents, Skylights flashing, etc.

1.02 REFERENCE STANDARDS
A. ASTM A 653/A 653M - Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or Zinc-Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process.

B. ASTM A 666 - Standard Specification for Annealed or Cold-Worked Austenitic Stainless Steel Sheet, Strip, Plate, and Flat Bar.

C. ASTM A792 Steel Sheet, Aluminum-Zinc Alloy-Coated, by the Hot-Dip Process D. ASTM B 32 - Standard Specification for Solder Metal.

E. ASTM B486 Paste Solder
F. ASTM B 749 - Standard Specification for Lead and Lead Alloy Strip, Sheet, and Plate Products.

G. ASTM D 226 - Standard Specification for Asphalt-Saturated Organic Felt Used in Roofing and Waterproofing.

H. ASTM D 2178 - Standard Specification for Asphalt Glass Felt Used in Roofing and Waterproofing.

I. ASTM D 4586 - Standard Specification for Asphalt Roof Cement, Asbestos-Free.

J. FS QQ-L-201 Specification for Lead Sheet
K. SMACNA (ASMM) - Architectural Sheet Metal Manual; Sheet Metal and Air Conditioning Contractors' National Association.

1.04 SUBMITTALS
A. Shop Drawings: Indicate material profile, jointing pattern, jointing details, fastening methods, flashings, terminations, and installation details.

1. For manufactured and shop fabricated gravel stops, fascia, scuppers, and all other sheet metal fabrications.

2. Indicate type, gauge and finish of metal.

B. Product data: Provide manufacturer's specification data sheets for each product :

1. Metal material characteristics and installation recommendations.

2. Submit color chart prior to material ordering and/or fabrication so that equivalent colors to those specific can be approved.

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C. Manufacturer’s installation instructions for reglets.

D Samples: Submit two samples 8x10 inch in size illustrating metal finish color.

1. Submit two samples, 12 x 12 inch in size illustrating typical external corner, internal corner, and valley, junction to vertical dissimilar surface, material and finish.

E. Certification:

1. Submit roof manufacturer's certifications that metal fasteners furnished are acceptable to roof manufacturer.

2. Submit roof manufacturer's certification that metal furnished is acceptable to roofing manufacturer as a component of roofing system and is eligible for roof manufacturer's system warranty.

3. Submit certification that metal and fastening system furnished is Tested and Approved by Factory Mutual for 1-90 Wind Up-Lift Requirements.

F. Provide approval letters from metal manufacturer for use of their metal within this particular roofing system type.

G. Proof of fabricator and installer qualifications.

H. ANSI-SPRI ES-1 test results for all coping and edge metal.

1.05 QUALITY ASSURANCE
A. Perform work in accordance with SMACNA Architectural Sheet Metal Manual requirements, except as otherwise indicated.

1. Factory Mutual Loss Prevention Data Sheet 1-49 windstorm resistance:
1-90.

B. Manufacturer's Warranty: Pre-finished metal material shall require a written 20- year non-prorated warranty covering fade, chalking and film integrity. The material shall not show a color change greater than 5 NBS color units per ASTM D-2244 or chalking excess of 8 units per ASTM D-659. If either occurs material shall be replaced per warranty, at no cost to the Owner.

C. Contractor's Warranty: The Contractor shall provide the Owner with a notarized written warranty assuring that all sheet metal work including caulking and fasteners to be water-tight and secure for a period of five years from the date of final acceptance of the building. Warranty shall include all materials and workmanship required to repair any leaks that develop, and make good any damage to other work or equipment caused by such leaks or the repairs thereof.

1.06 DELIVERY, STORAGE, AND HANDLING
A. Deliver materials in manufacturer's original, unopened containers or packages with labels intact and legible.

B. Stack material to prevent twisting, bending, and abrasion, and to provide ventilation. Slope metal sheets to ensure drainage.

C. Prevent contact with materials that could cause discoloration or staining.

PART 2 PRODUCTS

2.01 SHEET MATERIALS
A. Galvanized Metal: 22GA and greater as required by referenced standards for

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specific applications.

1. Kynar coated.

2. Color: manufacturers Mill Finish.

2.02 ACCESSORIES
A. Fasteners:

1. Corrosion resistant screw fastener as recommended by metal manufacturer. Finish exposed fasteners same as flashing metal.

2. Fastening shall conform to Factory Mutual 1-90 requirements or as stated on section details, whichever is more stringent.

B. Plastic Cement: ASTM D 4586, Type I.

2.03 FABRICATION - GENERAL
A. Fabricate in accordance with referenced standards. Form sections true to shape, accurate in size, square, and free from distortion or defects. Form pieces as recommended by SMACNA standard for conditions required.

1. Provide reinforcements and supports as required for secure anchorage.

2. Make joints rigid. Seams mechanically strong and soldered or sealed to make watertight

3. Fabricate corners in one piece with legs extending 30-inches each way to field joint. Lap, rivet, and solder or seal corner seams watertight.

4. Turn up "end dam" flanges at ends of opening sill flashing pieces, lap with wall flashing and membranes to shed water.

5. Fabricate cleats of same material as sheet, minimum 3/4 inches wide, interlockable with sheet.

6. Hem exposed edges on underside 1/2 inch; miter and seam corners.

7. Solvent clean all sheet metal. Coat surfaces to be in contact with roofing or otherwise concealed with specified asphaltic paint; 0.015-inch minimum uniform thickness.

B. Form pieces in longest possible lengths.

C. Hem exposed edges on underside 1/2 inch; miter and seam corners.

D. Form material with flat lock seams, except where otherwise indicated. At moving joints, use sealed lapped, bayonet-type or interlocking hooked seams.

E. Fabricate corners from one piece with minimum 18 inch long legs; seam for rigidity, seal with sealant.

F. Fabricate vertical faces with bottom edge formed outward 1/4 inch (6 mm) and hemmed to form drip.

2.04 EDGE METAL SYSTEM AND METAL COPING SYSTEM
A. R-Mer Span Flat Stock Sheets by The Garland Company.

1. ANSI SPRI ES-1 tested and certified.

2.05 ROOF-RELATED SHEET METAL AND FLASHINGS
A. Roof-Related Sheet Metal and Flashings: As indicated, as specified in related

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sections, as required by roofing material manufacturers and referenced standards. Coordinate work of this section with related sections. Provide complete systems without conflict or omission.

PART 3 EXECUTION

3.01 EXAMINATION
A. Verify roof openings, curbs, pipes, sleeves, ducts, and vents through roof are solidly set, reglets in place, and nailing strips located.

B. Verify roofing termination and base flashings are in place, sealed, and secure.

C. Beginning of installation means acceptance of existing conditions.

D. Field measure site conditions prior to fabricating work.

3.02 PREPARATION
A. Install starter and edge strips, and cleats before starting installation.

B. Back paint concealed metal surfaces with protective backing paint to a minimum dry film thickness of 15 mil.

3.03 INSTALLATION
A. Install work watertight, without waves, warps, buckles, fastening stress, or distortion, allowing for expansion and contraction. Conform to referenced standards. Make metal joints watertight.

B. Fastening of metal to walls and wood blocking shall comply with SMACNA Architectural Sheet Metal Manual, Factory Mutual 1-90 wind uplift specifications and/or manufacturer's recommendations whichever is of the highest standard.

C. All accessories or other items essential to the completeness of sheet metal installation and water tight envelope of the building, whether specifically indicated or not, shall be provided.

D. Reglets: Install in accordance with manufacturer’s installation instructions.

E. Metal fascia and copings shall be secured to wood nailers at the bottom edge with a continuous cleat. Cleats shall be at least one gauge heavier than the metal it secures.

F. Install Sheet Membrane Waterproofing at closure flanges, under metal copings, caps and platforms; fully adhered, free of voids, blisters and buckling; roll as soon as practical following layout. Minimize exposure time to that period recommended by the manufacturer.

G. Flashing: Joints at 10-foot maximum spacing and at 2-1/2-feet from corners. Butt joints with 3/16-inch space centered over matching 8-inch long backing plate with sealer tape in laps.

H. Flanged flashings and roof accessories: Set on continuous sealer tape. Nail flanges through sealer tape and at 3-inch maximum spacing.

I. Isolate metal from dissimilar metal with 2 coats of specified asphaltic paint, sealer tape or other approved coating, specifically made to stop electrolytic action.. Use

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only stainless steel fasteners to connect isolated dissimilar metals.

J. Joints, fastenings, reinforcements and supports: Sized and located as required to preclude distortion or displacement due to thermal expansion and contraction.

Conceal fastenings wherever possible.

K. Secure flashings in place using concealed fasteners. Use exposed fasteners only where permitted.

L. Flexible Flashing Installation:

1. Prime substrates as recommended by flexible flashing manufacturer, allow to dry.

2. Install flexible flashings in maximum feasible lengths to minimize lap joints.

3. Peel release paper from roll to expose rubberized asphalt and position flashing to center over joint location before applying. Move along opening or joint, being careful to put flashing as evenly as possible over the opening. Avoid fishmouths.

4. Press flashing firmly into place with heavy hand pressure . Ensure continuous and intimate contact with substrate.

5. If wrinkles develop, carefully cut out affected area and replace as outlined above.

M. Apply plastic cement compound between metal flashings and felt flashings.

N. Fit flashings tight in place. Make corners square, surfaces true and straight in planes, and lines accurate to profiles.

O. Seal prefinished metal joints watertight.

P. Solder other metal joints for full metal surface contact. After soldering, wash metal clean with neutralizing solution and rinse with water.

Q. Connect downspouts and rain water leaders to storm sewer system. Seal connection watertight.

R. Install hatches and ladders per manufacturer’s recommendations.

X. Install roof drains per manufacturer’s recommendations.

3.04 FIELD QUALITY CONTROL
A. Inspection will involve surveillance of work during installation to ascertain compliance with specified requirements.

B. Tolerances

1. Exposed surfaces: Free of dents, scratches, abrasions, or other visible defects; clean, ready for painting.

2. Set flashings and sheet metal to straight, true lines with exposed faces aligned in plane as indicated.

3.05 SHOP FABRICATED SHEET METAL
A. Installing Contractor shall be responsible for determining if the sheet metal systems are in general conformance with roof manufacturer's recommendations.

B. Metal work shall be shop fabricated to configurations and forms in accordance with recognized sheet metal practices.

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C. Hem exposed edges.

D. Angle bottom edges of exposed vertical surfaces to form drip.

E. All corners for sheet metal shall be lapped with adjoining pieces fastened and set in sealant.

F. Joints for gravel stop fascia system, cap flashing, and surface-mount counterflashing shall be formed with a 1/4" opening between sections. The opening shall be covered by a cover plate or backed by an internal drainage plate formed to the profile of fascia piece. The cover plate shall be embedded in mastic, fastened through the opening between the sections and loose locked to the drip edges.

G. Install sheet metal to comply with Architectural Sheet Metal manual, Sheet Metal and Air Conditioning Contractor's National Associations, Inc.

END OF SECTION

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SECTION 07 42 14.001

METAL WALL PANELS

PART 1 – GENERAL

1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Supplementary Conditions and Division 1 Specification Sections apply to this section.

1.2 SUMMARY
A. This section includes pre-formed flat seam wall panel system complete with anchor clips, fasteners, flashing, and trim.

B. Related Work Specified Elsewhere:

1. Division 05 Section – Metal Fabrications

2. Division 06 Section – Rough Carpentry

3. Division 07 Section – Sheet Metal Flashing and Trim

1.3 REFERENCES
A. American Iron and Steel Institute (AISI):

1. Specification for the Design of Cold-Formed Steel Structural Members.

2. American Society for Testing and Materials (ASTM): B.

3. ASTM A240 Specification for Heat Resisting Chromium and Chromium-Nickel Stainless Steel Plate, Sheet, and Strip for Pressure Vessels: C.

4. ASTM A792 Specification for Steel Sheet, 55% Aluminum-Zinc Alloy-Coated by the Hot-Dip Process.

5. ASTM A875 Specification for Steel Sheet, Zinc-5% Aluminum Alloy-Coated by the Hot-Dip Process.

6. ASTM B209 Specification for Aluminum and Aluminum-Alloy Sheet and Plate

7. ASTM B370 Specification for Copper and Sheet and Strip for Building Construction

8. ASTM E283 Standard Test Method for Determining Rate of Air Leakage Through Exterior Windows, Curtain Walls, and Doors Under Specified Pressure Differences Across the Specimen.

9. ASTM E331 Standard Test Method for Water Penetration of Exterior Windows, Skylights, Doors, and Curtain Walls by Uniform Air Pressure Differences

10. ASTM E331 Standard Test Method for Structural Performance of Exterior Windows, Doors, Skylights, and Curtain Walls by Uniform Static Air Pressure Difference
B. Sheet Metal and Air Conditioning Contractors National Association (SMACNA):

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1. Architectural Sheet Metal Manual

1.4 SUBMITTALS FOR REVIEW
A. Shop Drawings: Show wall panels (and roofing system, if applicable) with flashings and accessories in elevations, sections and details. Include metal thickness and finishes, panel lengths, joining details, anchorage details, flashings and special fabrication provisions for termination and penetrations. Indicate relationships with adjacent and interfacing work. Indicate fastener types and spacing; and provide fastener pullout values. Shop drawings must be completed by the wall panel manufacturer’s engineering department. Any and/or all changes recommended by the successful bidder must be approved by the manufacturer in writing prior to submittal.

B. Product Data: Include manufacturer’s detailed material and system description, concealed anchor clips, sealant and closure installation instructions, and finish specifications. Indicate fastener types and spacing; and required fastener pullout values.

C. Samples: Provide full-size samples of the following materials and system components. Samples shall be of identical material type, thickness, panel width, and material grade/alloy as the system specified for this project.

1. Submit sample of panel section, at least 4” long x full panel width showing panel profile and also a sample of color selected.

2. Submit sample of foam closure strips to fit inside and outside specified panel profile.

3. Submit sample of panel fasteners.

D. Specimen Warranty: Provide an unexecuted copy of the warranty specified for this Project, identifying the terms and conditions required of the Manufacturer and the Owner.

E. Any material submitted as equal to the specified material must be accompanied by a report signed and sealed by a professional engineer licensed in the state in which the installation is to take place. This report shall show that the submitted equal meets the Design and Performance criteria in this specification. Substitution requests submitted without licensed engineer approval will be rejected for non- conformance.

1.5 SUBMITTALS FOR INFORMATION
A. Design and Test Reports: Provide the following certified test reports from an independent testing laboratory:

1. Independent laboratory testing report for system design load and seam integrity.

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2. A letter from an officer of the manufacturing company certifying that the materials furnished for this project are the same as represented in tests and supporting data.

3. Manufacturer’s verifications that the panels are factory roll formed.

4. ASTM E283 Test results must clearly demonstrate compliance with the performance requirements specified in article 1.9 ASTM E331 Test Report.

5. ASTM E330 Test results must clearly demonstrate compliance with the performance requirements specified in article 1.9.

6. ASTM E331 Test results must clearly demonstrate compliance with the performance requirements specified in article 1.9.

B. Mill production reports certifying that the metal thicknesses are within allowable tolerances of the nominal or minimum thickness or gauge specified.

C. Design Loads: Submit copy of manufacturer’s minimum design load calculations according to ASCE 7, Method 2 for Components and Cladding. In no case shall the design loads be taken to be less than those detailed in Design and Performance Criteria article.

D. Qualification Data for Wall System Installer: Refer to Quality Assurance Article below.

E. Certification of work progress inspection frequency: Refer to Quality Assurance Article below.

F. Pre-installation Conference Proceedings: Refer to Quality Assurance Article below.

G. Test Reports: Submit third party validation of environmental claims, prepared by UL Environment, for all metal wall panels containing recycled content and/or bio based content.

1.6 CONTRACT CLOSEOUT SUBMITTALS
A. General: Comply with Requirements of Division 01 Section Closeout Submittals.

B. Special Project Warranty: Provide specified warranty for the Project, executed by the authorized agent of the Manufacturer.

C. Wall Panel Maintenance Instructions: Provide a manual of manufacturer’s recommendations for maintenance of installed systems.

D. Insurance Certification: Assist Owner in preparation and submittal of wall installation acceptance certification as may be necessary in connection with fire and extended coverage insurance on wall panel system installation and associated work.

E. Demonstration and Training Schedule: Provide a schedule of proposed dates and times for instruction of Owner’s personnel in the maintenance requirements for

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completed wall panel system installation work. Refer to Part 3 for additional requirements.

1.7 QUALITY ASSURANCE
A. Installer Qualifications: Engage an Installer who has completed the Manufacturer’s Approved Contractor course and is currently certified for the installation of the specified system.

B. If required, fabricator/installer shall submit work experience and evidence of adequate financial Responsibility. The Owner’s representative reserves the right to inspect fabrication facilities in determining qualifications.

C. Source Limitations: Obtain all components of the wall panel system from a single manufacturer. Secondary products that are required shall be recommended and approved in writing by the Manufacturer.

1. 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.

2. Manufacturer shall have direct authority and control over all fabrication of steel components as well as the raw materials used in their fabrication.

D. Source Quality Control: Manufacturer shall have in place a documented, standardized quality control program such as ISO-9001 approval.

E. Engage the Manufacturer’s Field Representative to conduct required periodic inspections of work in progress as described herein and shall furnish written documentation of all such inspections.

F. Manufacturer shall provide the Owner project with a written statement that they will provide a site inspection every [1] days that confirms that the project is being constructed as specified, by an experienced, full-time employee of the company.

G. Alternate Manufacturers: The following manufacturer criteria must be submitted.

Alternate systems will not be considered for approval unless each of these items has been submitted for review at least 10 business days prior to bid opening.

1. Submit each item listed in article 1.4 (A through E) for evaluation of the proposed system.

2. Tests shall have been made for identical systems within the ranges of specified performance criteria.

3. Empirical calculations for wall performance shall only be acceptable for positive loads.

4. A list of a minimum of five (5) jobs where the proposed alternate material was used under similar conditions. The reference list shall include date of project, size of project, project address, and telephone number of architect/owner contact.

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5. A financial statement demonstrating a minimum of a 3:1 ratio of assets to liabilities.

6. A written statement from the manufacturer stating that they will provide the building owner with a daily site inspection for a minimum of one (1) hour per day by an experienced, full-time employee of the company.

7. A written statement from the manufacturer stating that they will provide the engineer of record with a daily site inspection by an experienced full-time employee of the company.

8. A written statement from a corporate officer of the manufacturing company stating that he or she has reviewed the specifications and confirms that the proposed system meets or exceeds all performance requirements listed as well as meets the panel size, gauge, weight, clip design, sealant design, uplift pressures and height of the vertical seam.

9. A copy of manufacturer’s warranty.

10. Proof that the manufacturer has been in business for a minimum number of years equal to the warranty period required for this project.

1.8 PRE-INSTALLATION CONFERENCE
A. Convene a pre-installation conference approximately two (2) weeks before scheduled commencement of system installation and associated work.

B. Require attendance of installer of each component of associated work which must precede or follow wall panel work (including mechanical or electrical work if any), Architect, Owner, system manufacturer’s representative, and other representatives directly concerned with performance of the Work, including (where applicable) Owner’s insurers, testing agencies and governing authorities.

C. Objectives of conference to include:

1. Review foreseeable methods and procedures related to work, including set up and mobilization areas for stored material and work area.

2. Tour representative areas of building, inspect and discuss condition of substrates, penetrations and other preparatory work performed by others.

3. Review structural loading limitations of wall framing and inspect for unacceptable variations in planarity.

4. Review system requirements (drawings, specifications and other contract documents).

5. Review required submittals both completed and yet to be completed.

6. Review and finalize construction schedule related to work and verify availability of materials, installer’s personnel, equipment and facilities needed to make progress and avoid delays.

7. Review required inspection, testing, certifying and material usage accounting procedures.

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8. Review weather and forecasted weather conditions and procedures for unfavorable conditions, including possibility of temporary wall protection (if not mandatory requirement).

9. Record discussion of conference including decisions and agreements (or disagreements) reached. Furnish copy of record to each party attending. If substantial disagreements exist at conclusion of conference, determine how disagreements will be resolved and set date for reconvening conference.

10. Review notification procedures for weather or non-working days.

D. The Owner’s Representative will be designated one of the conference participants to record the proceedings and promptly distribute them to the participants for record.

E. The intent of the conference is to resolve issues affecting the installation and performance of wall panel work. Do not proceed with work until such issues are resolved to the satisfaction of the Owner and Engineer of Record. This shall not be construed as interference with the progress of Work on the part of the Owner or Engineer of Record.

1.9 DELIVERY, STORAGE, AND HANDLING
A. Manufacturer’s Responsibilities:

1. All panels shall be shipped from the manufacturer with a strippable film or similar packaging material separating the individual panels to minimize flexing, stressing, scratching or otherwise damaging the material during transit to the job.

2. Fully cover steel with tarpaulins or similar protective cover during transit to prevent dirt and debris from coming in contact with the finished goods.

B. Installer’s Responsibilities:

1. Stack pre-finished materials to prevent twisting, bending, abrasion and denting and elevate one end to facilitate moisture run-off.

2. Unload wall panels using a boom or crane, supporting the panels in at least two locations during lifting, and never lift more than three panels at a time.

3. Protect moisture-sensitive materials and water-based from the weather.

4. Inspect materials upon delivery. Reject and remove physically damaged or marred material from project site.

1.10 PROJECT CONDITIONS
A. Determine that work of other trades will not hamper or conflict with necessary fabrication and storage and protection requirements for wall panel system.

1. Protection:
a. Protect completed work from subsequent construction operations.

Comply with Manufacturer’s recommendations.
b. Do not encumber the site with stored materials or equipment.

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c. Do not support wall-mounted equipment directly on the wall panel system.

B. Ascertain that work of other trades which penetrates the wall or is to be made watertight by the wall is in place an approved prior to installation.

1.11 DESIGN AND PERFORMANCE CRITERIA
A. Thermal Expansion and Contraction:

1. Completed metal wall panel and flashing system shall be capable of withstanding expansion and contraction of components caused by changes in temperature without buckling, producing excess stress on structure, anchors or fasteners, or reducing performance ability.

2. The design temperature differential shall be not less than <insert design temperature differential [200] °F.

3. Interface between panel and clip shall provide for unlimited thermal movement in each direction along the longitudinal direction.

B. Uniform wind load capacity:

1. Installed wall panel system shall withstand negative design wind loading pressures complying with the following criteria. Anchor clips shall be installed exactly as specified in article 3.

Specifier Note: Attach results of the ASCE 7 minimum design load calculations, as submitted, to this specification. Detailed drawings showing the specific wind pressure zones shall accompany the calculations.
a. Design Code: ASCE 7, Method 2 for Components and Cladding. b. Safety Factor: 1.67 after any load reduction or material stress increase. c. Category [I, II, III, or IV] Building with an Importance Factor of [0.77,

1.00, or 1.15].
d. Wind Speed: [Contact Garland sales rep] mph
e. Ultimate Pullout Value: [Contact Garland sales rep.] pounds per each of the two fasteners holding the panel anchor to the wall substrate or framing system.
f. Exposure Category: [B, C, or D].
g. Wall Height: [Contact Garland sales rep.] feet.
h. Minimum Building Width: [Contact Garland sales rep.] feet.

Wall Area Design Wind Pressure:

Zone 4 – Field of wall [Contact Garland sales rep.] psf.

Zone 5 – Wall Corners [Contact Garland sales rep.] psf.

2. Capacity shall be determined using uniform static air pressure method in accordance with ASTM E330. Allowable safe working loads shall be determined by dividing the ultimate test load by the safety factor specified above.

C. ASTM E283: Static pressure air infiltration (doors, windows, curtain walls):

1. Pressure Leakage Rate

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a. 1.57 PSF 0.0033 cfm/sq. ft.
b. 6.24 PSF 0.0056 cfm/sq. ft.
c. 12.0 PSF 0.062 cfm/sq. ft.
d. 15.0 PSF 0.064 cfm/sq. ft
e. 20.0 PSF 0.074 cfm/sq. ft.

D. ASTM E330: Uniform static load test for structural performance for 1 ½” panel profile:

Test results must provide an allowable pressure of no less than:

1. 42 lbs/sqft. For 3’-0” spans

2. 52 lbs/sqft for 1’-0” span
E. ASTM E331: Static pressure water infiltration (doors, windows, curtain walls):

1. Pressure Result:
a. 5 Gal./Hr. per S.F. and Static No Leakage
b. Pressure of 20.0 Psf. For 15 minutes.

1.12 WARRANTIES
A. Manufacturer shall execute a single warranty covering of the following criteria.

Multiple-source warranties are not acceptable.

1. Manufacturer’s ten (10) year watertight warranty.

2. Manufacturer’s standard twenty (20) year finish warranty covering checking, crazing, peeling, chalking, fading, or adhesion.

3. Installer’s two (2) year warranty covering wall panel system installation.

4. Warranties shall commence on date of Substantial Completion.

5. Provide a single warranty by a single approved manufacturer for roof areas, wall areas, and transitions between the two systems, if applicable.

1.13 MANUFACTURER’S INSPECTIONS
A. When the project is in progress, the wall panel system manufacturer will inspect the work not less than [insert number] days per week. In addition, the manufacturer will:

1. Keep the Architect or Owner informed as to the progress and quality of the work as observed.

2. Provide periodic job site inspections a minimum of 3 day per week.

3. Report to the Architect in writing any failure or refusal of the Contractor to correct unacceptable practices called to the Contractor’s attention.

4. Confirm after completion that manufacturer has observed no applications procedures in conflict with the specifications other than those that may have been previously reported and corrected.

PART 2 – PRODUCTS

2.1 PRODUCTS, GENERAL
A. Refer to Division 01 Section “Common Product Requirements.”

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B. Basis of Design: Garland Company, R-Mer Wall Pan, Vee Grove, .022ga Materials, manufacturer’s product designations, and/or manufacturer’s names specified here in shall be regarded as the minimum standard of quality required for work of this Section. Comply with all manufacturer and contractor/fabricator quality and performance criteria specified in Part 1.

C. Substitutions: Products proposed as equal to the products specified in this Section shall be submitted in accordance with Bidding Requirements and Division 01 provisions.

1. Proposals shall be accompanied by a copy of the manufacturer’s standard specification section. That specification section shall be signed and sealed by a professional engineer licensed in the state in which the installation is to take place. Substitution requests containing specifications without licensed engineer certification shall be rejected for non-conformance.

2. Include a list of three (3) projects of similar type and extent, located within a one hundred mile radius from the location of the project. In addition, the three projects must be at least five (5) years old and be available for inspection by the Architect, Owner or Owner’s Representative.

3. Equivalency of performance criteria, warranty terms, submittal procedures, and contractual terms will constitute the basis of acceptance.

4. The Owner’s decision regarding substitutions will be considered final.

Unauthorized substitutions will be rejected.

2.2 ACCEPTABLE MANUFACTURERS
A. The design is based upon R-MER Wall Pan wall panel systems engineered and manufactured by

The Garland Company
3800 East 91st Street
Cleveland, Ohio 44105
Telephone: (800) 762-8225
Representative: Adam Faville, [email protected] ; (408) 332-2504

B. Site Formed Panels: Bidder will not be allowed to supply panels formed at the job- site on portable roll formers; metal panels must be factory pre-manufactured and engineered for this project.

2.3 METAL WALL PANEL SYSTEM
A. General

1. The products, quality, and performance criteria specified shall be regarded as the minimum standard of quality required for the project.

2. Basis of Design: R-MER Wall Pan System manufactured by The Garland Company, Cleveland, OH.

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B. Materials

1. Panel material: 22ga Galvanized Steel

2. Flashing and flat stock material: Fabricate in profiles indicated on drawings of same material, thickness, and finish as wall panel system, unless indicated otherwise.

3. R-Mer Seal, Self Adhering Underlayment, 1 layer fully adhered.

4. Hat Channel
C. Finish on surfaces:

1. Exposed surfaces for coated panels:
a. Two coat coil applied, baked-on full-strength (70% resin) fluorocarbon coating system (polyvinylidene fluoride, PVF2), applied by manufacturer’s approved applicator.
b. Coating system shall provide nominal 1.0 mil dry film thickness, consisting of primer and color coat.
c. Color shall be GARLAND [specify color or color classification].

Color: Custom color selected by architect. Color shall be [specify color].

2. Unexposed surfaces for coated panels shall be baked-on polyester coating with .20 - .30 dry film thickness (TDF).

3. Exposed and unexposed surfaces for uncoated panels shall be as shipped from the mill.

D. Characteristics:

1. Fabrication: Panels shall be factory roll-formed from the specified metal.

Field rolled panels will not be allowed. 1.

2. Configuration: Interlocking flush/flat seams incorporating concealed anchor clips. Through fastened or exposed fastener systems are not acceptable.

3. Panel seam legs shall be one and one half ( 1 ½) inch nominal concealed depth behind the panel face. Seam shall allow for expansion and contraction of panels due to thermal changes. 3. Anchor clips: Clips shall be 22 gauge galvalume steel designed to allow thermal movement of the panel in each direction along the longitudinal dimension.

4. Panel Width (Seam Spacing): [12”] nominal.

5. Panel lengths: Full length without joints to the extent as is practical.

6. Profile of panel face shall have mesa’s every two (2) on center continuous throughout panel which are a minimum of one and one half ( 1 ½) inches wide. These will absorb thermal stresses, reduce oil canning, and provide aesthetic appeal.

Profile of panel face shall have a single Vee-groove reveal located three (3) inches in from each panel seam. These will absorb thermal stresses, reduce oil canning, and provide aesthetic appeal.

Profile of panel face shall have a double Vee-groove reveal located in the center of each panel face. These will absorb thermal stresses, reduce oil canning, and provide aesthetic appeal.

Profile of the panel face shall be flat and free from any mechanical finishes.

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Profile of the panel face shall be flat and free from any mechanical finishes. A nominal three fourths (3/4) inch thick expanded polystyrene insulation board shall be adhered to the inner cavity of the panel.

E. Accessories:

1. Fasteners:
a. Concealed fasteners: Corrosion resistant steel screws, #10 x 1” long, pancake head, Phillips drive. Use self-drilling, self-tapping for metal substrate or A-point for plywood substrate.
b. Exposed fasteners: Series 410 stainless steel screws or one eighth (1/8) inch diameter stainless steel waterproof rivets. All exposed fasteners shall be factory painted o match the color of the wall panels.

2. Provide all miscellaneous accessories for complete installation.

2.4 ACCESSORY PRODUCTS
A. Sealant:

1. Acceptable product:
a. Concealed Application: Non-curing butyl sealant or equal. b. Exposed Application: Garland SS sealant or equal.

2. Colors: As selected by architect from sealant manufacturer’s standard selection.

B. Wall Substrate:

1. Install 15/32” (minimum) thickness exterior grade plywood sheathing along wall area.

2. Install ¾” high x 24 gauge (minimum) galvanized steel during hat sections to wall structural substrate. Hat sections shall be installed perpendicular to panel seams, and shall be spaced thirty (30) inches on center (maximum) to accommodate the panel fastener spacing given in article 3.2 C.

3. Install [?] high x [20 or 18 or 16] gauge galvanized steel zee furring sections to the wall structural substrate. Zee sections shall be installed perpendicular to panel seams, and shall be spaced thirty (30) inches on center (maximum) to accommodate to the panel anchor clip spacing given in article 3.2 C.

C. Underlayment:

1. Underlayment shall be one ply of R-Mer Seal UDL. Seams shall be lapped in accordance with manufacturer’s recommendations.

1.5 FABRICATION
A. Shop fabricate metal panels and flashing components to the maximum extent possible, forming metal work with clear, sharp, straight, and uniform bends and rises. Hem exposed edges of flashings.

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B. Form flashing components from full single width sheet in minimum ten (10’-0”) feet sections. Provide shop fabricated, mitered corners, joined using closed end pop rivets and joint sealant.

C. Fabricate panels and related sheet metal work in accordance with approved shop drawings and applicable standards.

PART 3 – EXECUTION

3.1 EXECUTION, GENERAL
A. Comply with requirements of Division 01 Section “Common Execution Requirements.”

3.2 PREPARATION
A. Inspection: Examine the alignment and placement of the building structure and substrate. Correct any objectionable warp, waves or buckles in the substrate before proceeding with installation of the pre-formed metal panels.

B. Pre-installation conference: Prior to beginning metal wall panel work, convene a pre-installation conference as specified in Part 1 of this Specification.

C. It is understood that the ongoing operations of the Owner area of a critical nature as to leak sensitivity. Do not work on more wall area than can be restored completely watertight in one day.

3.3 INSTALLATION, GENERAL
A. Install wall system when the atmospheric dry bulb temperature is minimum forty (40) degrees Fahrenheit and rising.

B. Install all components of the wall system in exact accordance with the manufacturer’s standard published procedures as applicable to these project conditions and substrates.

3.4 WALL PANEL INSTALLATION
A. Comply with all details and install wall panel materials and flashings in accordance with approved Manufacturer’s [details<or>shop drawings] and manufacturer’s product data within specified erection tolerances.

B. Isolate dissimilar metals and masonry or concrete from metals with bituminous coating. Use gasketed fasteners where required to prevent corrosive action between fastener, substrate, and panels.

C. Limit exposed fasteners to extent indicated on [details<or>shop drawings].

D. Seal laps and joints in accordance with system manufacturer’s product data.

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E. Installed system shall be true to line and plane and free of dents, and physical defects. In light gauge panels with wide flat surfaces, some oil canning may be present. Oil canning does not affect the finish or structural integrity of the panel and is therefore not cause for rejection.

F. Form joints in linear sheet metal to allow for one fourth (1/4) inch minimum expansion at twenty (20’-0”) feet on center maximum and eight (8’-0”) feet from corners.

G. At joints in linear sheet metal items, set sheet metal items in two (2) one fourth (1/4) inch beads of butyl sealant. Extend sealant over all metal surfaces. Mate components for positive seal. Allow no sealant to migrate onto exposed surfaces.

3.5 CLEANING
A. Clean installed work in accordance with the manufacturer’s instructions.

B. Replace damaged work than cannot be restored by normal cleaning methods.

3.6 CONSTRUCTION WASTE MANAGEMENT
A. Remove and properly dispose of waste products generated during construction.

Comply with requirements of authorities having jurisdiction.

3.7 FINAL INSPECTION
A. At completion of installation and associated work, meet with Contractor, Architect, installer, installer of associated work, Owner, system manufacturer’s representative, and other representatives directly concerned with performance of system.

B. Inspect work and flashing of penetrations, walls, curbs and other equipment. List all items requiring correction or completion and furnish copy of list to each party in attendance.

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

D. Notify the [Contractor] [Architect] [Owner] upon completion of corrections.

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

F. Immediately correct leakage during construction. If the Contractor does not respond within twenty four (24) hours, the Owner will exercise rights to correct the Work under the terms of the Conditions of the Contract.

3.8 DEMONSTRATION AND TRAINING

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Attachment: Construction Specifications and Bid Solicitation for Building M Roof Replacement Project (No. 24-SS) (CCC - Building M Roof ___________________________________________________________________________ SPECIAL PROVISIONS SP-77
A. At a time and date agreed to by the Owner, instruct the Owner’s facility manager, or other representative designated by the Owner, on the following procedures:

1. Troubleshooting procedures

2. Notification procedures for reporting leaks or other problems

3. Maintenance

4. The Owner’s obligations for maintaining the warranty in effect and force

5. The Manufacturer’s obligations for maintaining the warranty in effect and force

END OF SECTION 07 42 14.001

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Attachment: Construction Specifications and Bid Solicitation for Building M Roof Replacement Project (No. 24-SS) (CCC - Building M Roof

APPENDICES

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Attachment: Construction Specifications and Bid Solicitation for Building M Roof Replacement Project (No. 24-SS) (CCC - Building M Roof

Appendix A:

Substitution Request Form

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Attachment: Construction Specifications and Bid Solicitation for Building M Roof Replacement Project (No. 24-SS) (CCC - Building M Roof Name of Project ________________________________________________________

Project # _______

Substitution Request – No. _______________

Date: ________________________

To: __________________________

DESCRIBE PROPOSED SUBSTITUTION:
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________

SPECIFIED ITEMS AFFECTED:

___________ ___________________________ ___________ Section # Section Title Paragraph

___________ ___________________________ ___________ Section # Section Title Paragraph

DRAWING ITEM AFFECTED:

__________________________ ___________________________ Sheet Designation Drawing Designation

__________________________ ___________________________ Sheet Designation Drawing Designation

If approved, Contract [Amount] [Sum] is decreased as follows:

_____________________________ _____________________ [Amount][Sum] Time (Calendar Days)

Attached dat a also includes product description, specifications, drawings, photographs, performance and test data for each component of the proposed substitution that fully defines the qualitative and quantitative elements of the proposed substitution. All applicable portions of the data are clearly identified.

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Attachment: Construction Specifications and Bid Solicitation for Building M Roof Replacement Project (No. 24-SS) (CCC - Building M Roof Project ____________
SUBSTITUTION REQUEST No. _____________