Livingston City Council
March 18, 2025

1 CITY COUNCIL REGULAR MEETING AGENDA
MARCH 18, 2025
SPECIAL MEETING: 6:00 P.M. – 7:00 P.M
REGULAR MEETING: 7:00 P.M.

WE ENCOURAGE ALL MEMBERS OF THE PUBLIC TO PARTICIPATE IN THE MEETING VIA TELECONFERENCE BY CALLING (520) 525-8911. ANY MEMBER OF THE PUBLIC

PARTICIPATING VIA TELECONFERENCE WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.

ADDITIONALLY, THE REGULAR MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg Notice is hereby given that the City Council will hold a Regular Meeting on March 18, 2025, at the City Council Chambers, 663 Main Street, Livingston, California. Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection by email if requested. Public comments can be submitted via emailed at [email protected]. Comments must be received by 2:00 p.m. on the day of the City Council meeting in order for them to be distributed to the Council prior to consideration of the matter. You will need to provide: Meeting date, item number, name, email and comment (please limit to 300 words or 3 minutes). Please include: PUBLIC COMMENT in the subject for the email. Written comments will not be read aloud at the meeting, but will be reported as received for the record. If you do not receive an acknowledgement of receipt by 4:00 p.m., please call the City Clerk’s Office at (209) 394-8041, Ext. 121 (Note: This technology is not a guaranteed method).

2 SPECIAL MEETING

1. Call to Order

2. Roll Call

3. Pledge of Allegiance.

4. Moment of Silence – First Responders and Military Members.

5. Citizen Comments

CLOSED SESSION
A “Closed” or “Executive” Session of the City Council or the Successor Agency to the Redevelopment Agency of the City of Livingston may be held in accordance with state law which may include, but is not limited to, the following types of items:
personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 663 Main Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session.

Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 633 Main Street, Livingston, California.

6. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d):

Two (2) matters.

REGULAR MEETING
CALL TO ORDER Next Resolution No.: 2025-13
Next Ordinance No.: 659
Pledge of Allegiance.

Moment of Silence – First Responders and Military Members.

Roll Call.

Closed Session Announcements
Changes to the Agenda.

CLOSED SESSION ANNOUNCEMENT

OATHS OF OFFICE

1. Deputy City Clerk will administer the Oath of Office to Appointed City Manager Jose A.

Ramirez.

3 CITIZEN COMMENTS
This section of the agenda allows members of the public to address the City Council on any item NOT on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening.

ANNOUNCEMENTS AND REPORTS
Supervisor Jim Pacheco Announcements and Reports.

City Staff Announcements and Reports.

City Manager Announcements and Reports.

City Council Members’ Announcements and Reports.

Mayor’s Announcements and Reports.

Robert Wallis
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board –Robert Wallis, Representative and Japjeet Uppal, Alternative.
• City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.
• Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.

Jason Roth
• Merced County Local Agency Formation Commission (LAFCO) Jason Roth, Representative. • Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.

Japjeet Uppal
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Robert Wallis, Representative and Japjeet Uppal, Alternative. • City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.
• Merced Integrated Regional Water Management Plan (MIRWMA) – Japjeet Uppal, Representative and Robert Wallis, Alternate Representative. • Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.

Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.

4 • Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.

Jose Moran
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.

CONFLICT OF INTEREST DECLARATION
Members of the City Council will declare an actual or apparent conflict of interest before discussions or decisions about any matters in which they or anyone with whom they have a close personal relationship could directly or indirectly benefit or where such a benefit could be perceived.

CONSENT AGENDA
Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by a member of the public, the City Manager or City Council Member.

There will be no separate discussion of these items unless members of the public, City Council or City Manager request that specific items be removed. Public comment on consent agenda items shall be limited to three (3) minutes per-person regardless of the number of items contained within the consent agenda

2. RATIFY CHECK WARRANTS
Ratify Warrant Register Dated February 28, 2025.

3. Consideration of a Resolution Approving the Purchase of a Recognition Plaque to Honor Aurora and Guadalupe Garcia to be Placed at Memorial Park and Authorizing the Finance Department to Make a Supplemental Appropriation in the Amount Not to Exceed $1,430.00 to the General Fund. Staff Recommendation: Approve Resolution.

4. Consideration of Resolution (1) Approving an Agreement with Garland/DBS, Inc. for Comprehensive Roofing Materials and Support Services for the Walnut CDC Roofing Project in the Amount Not to Exceed $415,825, and (2) Authorizing the Finance Director/Assistant City Manager to execute all required documents. Staff Recommendation: Approve Resolution.

5. Consideration of a Resolution Accepting Completion for the East Avenue Pump Station Project, Authoring the Deputy City Clerk to File a Notice of Completion with Merced County; and Authorizing the City Manager to Direct the Assistant City Manager/Finance Director to Make Final Payment of Retention Monies in the Amount of $8,196.60 to be TBS Contractors. Staff Recommendation: Approve Resolution.

6. Consideration of a Resolution Accepting the lowest responsive bid and Awarding a Contract to Consolidated Engineering, Inc. for the Main Street and 4th Street Rehabilitation Project; and Authorizing the City Manager to Execute the Agreement in a form approved by the City Attorney.

Staff Recommendation: Approve Resolution

5 7. Consideration of a Resolution Authorizing the City Manager to Enter Into a Monthly Maintenance Contract in the Amount of $1,935.00 with Telepath for Police Radio Maintenance Services. Staff Recommendation: Approve Resolution.

8. Consideration of a Resolution Authorizing the Reclassification of the Administrative Services Manager to the Police Support Operations Manager, Amending the Salary Schedule to Approve the Revised Salary Range for the Position, and Other Actions Necessary to Effectuate the Change. Staff Recommendation: Approve Resolution.

9. Consideration of a Resolution to Receive and Accept the Housing Element Annual Progress Report for Calendar Year 2024 and Direct Staff to Submit the Report to the California Department of Housing and Community Development and the Governor’s Office of Planning and Research. Staff Recommendation: Approve Resolution.

10. Consideration of a Resolution Approving the Designation of City Officials as Authorized Agents for Application by Non-State Agencies for Assistance in the Event of an Emergency as follows: City Manager and in his absence Finance Director/Assistant City Manager and the Police Chief. Staff Recommendation: Approve Resolution.

PUBLIC HEARING

11. Consideration of a Resolution to Approve General Plan Amendment No. 2023-01, Amending the General Plan Land Use Diagram of the City of Livingston from PF, Public Facility to HC, Highway Commercial to Accommodate Phase Two of the Moonglo Development Project on Property Generally Located on the South Side of Campbell Avenue and East of Hammatt Avenue at 2300 Campbell Avenue and Introduce; and Waive the First Reading of Ordinance Amending the Official Zoning Map of the City of Livingston Designation for the Subject Site from Public/Quasi Public Facilities (PF) to Highway Service Commercial (C-3). (Site was Previously Identified as APN No. 023-070-012 and Currently Part of APN 023-070-015 and 023-070-016).

12. Consideration of a Resolution to Approve a Sixteen-Month Extension for Conditional Use Permit No. 2019-03 and Site Plan and Design Review Application 2019-04 – The Villages at Main Residential Apartment Community on Property Generally Located on The East Side of Main Street, South of Peach Avenue (APN No.: 047-280-020 and 047-280-029). Staff Recommendation: Approve Resolution.

DISCUSSION AND POTENTIAL ACTION ITEMS

13. Consideration of a Resolution Reappointing Jessica Betschart to the Parks, Recreation and Arts Commission. Staff Recommendation: Approve Resolution.

14. Discussion and Direction regarding the City of Livingston City Council’s Options for Filling the Vacant Elected City Clerk Position.

15. Discussion and Direction Regarding the Formation of Measure L Oversight Committee and Setting Priorities for Measure L Funding.

16. Discussion and Direction Regarding the Formation of a City of Livingston Traffic Commission.

6 COUNCIL DIRECTION ON FUTURE AGENDA ITEMS

ADJOURNMENT

STAFF REPORT
1 AGENDA ITEM: Warrant Register February 28, 2025

MEETING DATE: March 18, 2025

PREPARED BY: Nancy Fuentes, Accounting Technician
REVIEWED BY: Happy Bains, Finance Director
RECOMMENDATION:

Ratify the warrant register dated February 28. 2028
DISCUSSION:

Government Code sections 37208(b) and 37209 provide that accounts payable warrants or checks drawn in payment of demands certified or approved by the finance director as conforming to a budget approved by ordinance or resolution of the legislative body need not be audited by the legislative body prior to payment.

In addition, Government Code section 37208(a) provides that payroll warrants or checks need not be audited by the legislative body prior to payment. Payrolls shall be presented to the legislative body for ratification and approval at the first meeting after delivery of the payroll warrants or checks. The sum total of any payroll checks issued within the week prior to the date of the check register is also noted on the accompanying check register.

The following checks have been certified to be in accordance with the City’s approved budget.

The checks have been issued and the check register is presented to the City Council for ratification:

January 16, 2025- February 28, 2025

GENERAL WARRANTS……………………. $ 2,915,596.10 12675-12975
PAYROLL/WIRE WARRANTS……….……. $ 780,671.66 3509-3577
ACH WARRANTS…………………………… $ 16.088.19
TOTAL WARRANTS………………………… $ 3,712,355.95

ATTACHMENTS:

Warrant Register (detailed by date and check number)

Accounts Payable
User:

Printed:
nfuentes
3/6/2025 11:18 AM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
12675 251 ABS Direct, Inc. 01/22/2025 1,635.82
12676 250 Alhambra 01/22/2025 233.21
12677 472 Aqua-Metric Sales Company 01/22/2025 3,552.00 12678 253 AT&T 01/22/2025 242.16
12679 282 AT&T Mobility 01/22/2025 2,048.87
12680 1665 Alma Barajas 01/22/2025 150.00
12681 162 Steve Bassi 01/22/2025 25.00
12682 193 BSK Associates 01/22/2025 3,787.35
12684 320 California Building Standards Commission 01/22/2025 113.40 12685 398 Central SanJoaquin Valley Risk Management Authorit 01/22/2025 93,902.00 12686 399 Central SanJoaquin Valley Risk Management Authorit 01/22/2025 106,640.00 12687 272 Charter Communications Holdings, LLC 01/22/2025 124.98 12688 1239 Clark Pest Control of Stockton, Inc. 01/22/2025 205.00 12689 283 CoreLogic Solutions, LLC 01/22/2025 200.00
12690 1666 Ruben Cortez 01/22/2025 150.00
12691 1308 CSG Consultants, Inc. 01/22/2025 14,699.64
12692 1315 Custom Threads, Inc. 01/22/2025 904.02
12693 1089 DAHLIN GROUP 01/22/2025 3,810.00
12694 321 Department of Conservation Division of Adm Service 01/22/2025 491.61 12695 319 Division of The State Architect 01/22/2025 18.00 12696 455 Ernest Packaging Solutions 01/22/2025 1,631.49 12697 258 Ewing Irrigation Products, Inc. 01/22/2025 4,545.75 12698 1410 FFP Fund VII TEI Partnership 1, LLC 01/22/2025 15,783.89 12699 260 First Communications, LLC 01/22/2025 16.42
12700 1151 Jose Flores 01/22/2025 25.00
12701 188 Frontier 01/22/2025 4,434.25
12702 387 Frontier Communications Corp Frontier Comm of Global Valley 01/22/2025 152.81 12703 1603 Melanie Garcia 01/22/2025 594.00
12704 267 Hoffman Security 01/22/2025 508.18
12705 501 Hunt & Sons, LLC 01/22/2025 7,979.48
12706 1033 Independent Investigations LLC 01/22/2025 1,200.00 12707 786 J.B, Anderson Land Use Planning 01/22/2025 13,230.00 12708 1551 Mohinder Kanda 01/22/2025 25.00
12709 675 Lance, Soll & Lunghard, LLP 01/22/2025 62,082.50 12710 268 Language Line Services, Inc. 01/22/2025 226.54 12711 1643 Rafaela C. Lara 01/22/2025 216.00
12712 1114 Livingston Police Foundation 01/22/2025 5,000.00 12713 1667 Christopher Lopez 01/22/2025 223.67
12714 965 Maverick Data Systems 01/22/2025 500.00
12715 403 Merced County Association of Governments 01/22/2025 100.00 12716 278 Merced Irrigation District 01/22/2025 46,393.13 12717 269 Merced Pest Control 01/22/2025 80.00
12718 389 Mid Valley IT 01/22/2025 11,987.16
12719 170 MintierHarnish Planning Consulants 01/22/2025 1,750.00 12720 180 Mission Linen Service 01/22/2025 1,161.26
12721 1664 Modesto Overhead Door, Inc. 01/22/2025 303.00 12722 2 Angelita Moran 01/22/2025 297.00
AP Checks by Date - Summary by Check Date (3/6/2025 11:18 AM) Page 1 (irty o,f Uving1sto1n
1416 C Stroot
Livingston, CA 95334

Check No Vendor No Vendor Name Check Date Check Amount
12723 199 Northstar Chemical 01/22/2025 6,208.08
12724 949 Nova Heating and Air Conditioning 01/22/2025 1,887.00 12725 302 Office Depot, Inc./ODP Business Solutions, LLC 01/22/2025 1,519.18 12726 1147 PAC Machine Company, INC. 01/22/2025 4,037.64 12727 203 PG&E 01/22/2025 66,671.04
12728 1203 Amy Pimentel 01/22/2025 150.00
12729 1668 Rincon Consultants, Inc 01/22/2025 1,749.15
12730 307 Shred-It, C/O Stericycle, Inc. 01/22/2025 276.49 12731 989 Jasneil Singh 01/22/2025 25.00
12732 323 Springbrook Holding Company LLC 01/22/2025 4,340.00 12733 609 T & T Valve and Instrument 01/22/2025 3,168.79 12734 692 Tesco Controls, Inc. 01/22/2025 2,738.10
12735 310 Totlcom, Inc. 01/22/2025 427.71
12736 284 Trans Union LLC 01/22/2025 223.08
12737 1552 Turbo Data System, Inc. 01/22/2025 492.09
12738 313 U.S. Bank Equipment Finance 01/22/2025 1,170.61 12739 625 United Rentals 01/22/2025 1,582.69
12740 366 USABlueBook 01/22/2025 828.52
12741 1150 Valley 29 Electric, LLC 01/22/2025 375.00
12742 1204 Valley Sanitation & Rentals LLC 01/22/2025 661.71 12743 367 Verizon Wireless 01/22/2025 1,791.71
12744 504 VIP Audio Visual Company, Inc 01/22/2025 500.00 12745 296 Visual Edge IT, Inc 01/22/2025 995.69
12746 818 Renee Waite-Mendonca 01/22/2025 25.00
12747 409 Willdan Financial Services 01/22/2025 10,844.20 Total for 1/22/2025: 526,068.07
12748 251 ABS Direct, Inc. 01/30/2025 127.77
12749 250 Alhambra 01/30/2025 166.87
12750 1669 Vincent M. Andam 01/30/2025 150.00
12751 454 Backflow Apparatus & Valve Co. 01/30/2025 321.07 12752 UB*02102 NICHOLAS & TIFFANI BOYD 01/30/2025 164.46 12753 193 BSK Associates 01/30/2025 4,285.50
12754 909 Canon Financial Services, Inc. 01/30/2025 453.55 12755 1239 Clark Pest Control of Stockton, Inc. 01/30/2025 51.00 12756 787 Custom Weed Control Inc. 01/30/2025 400.00
12757 455 Ernest Packaging Solutions 01/30/2025 3,420.86 12758 258 Ewing Irrigation Products, Inc. 01/30/2025 830.56 12759 1410 FFP Fund VII TEI Partnership 1, LLC 01/30/2025 2,669.52 12760 260 First Communications, LLC 01/30/2025 15.75
12761 188 Frontier 01/30/2025 1,012.34
12762 159 Andres Fuentes 01/30/2025 150.00
12763 164 Garza Tire & Wheel, Inc 01/30/2025 1,100.03
12764 262 Gilton Solid Waste 01/30/2025 14,053.80
12765 UB*02090 LAURA HERD 01/30/2025 220.00
12766 267 Hoffman Security 01/30/2025 236.90
12767 728 Holt of California 01/30/2025 428.62
12768 501 Hunt & Sons, LLC 01/30/2025 3,218.55
12769 1014 Hunt Equipment DBA Donlee Pump Company01/30/2025 903.59 12770 388 Interstate Battery System of Fresno 01/30/2025 895.23 12771 520 Interstate Truck Center 01/30/2025 177.98
12772 UB*02100 MANJIT KAUR 01/30/2025 10.04
12773 615 McClatchy Company LLC 01/30/2025 214.37
12774 278 Merced Irrigation District 01/30/2025 46,048.38 12775 180 Mission Linen Service 01/30/2025 514.22
12776 194 Modesto Welding Products 01/30/2025 24.00
AP Checks by Date - Summary by Check Date (3/6/2025 11:18 AM) Page 2

Check No Vendor No Vendor Name Check Date Check Amount
12777 459 Municipal Maintenance Equipment 01/30/2025 756.97 12778 1576 Next Level Parts, Inc 01/30/2025 138.94
12779 199 Northstar Chemical 01/30/2025 1,913.11
12780 949 Nova Heating and Air Conditioning 01/30/2025 879.75 12781 302 Office Depot, Inc./ODP Business Solutions, LLC 01/30/2025 329.80 12782 203 PG&E 01/30/2025 7.89
12783 433 Razzari Ford 01/30/2025 728.72
12784 1661 Resource Development Company 01/30/2025 252,920.40 12785 UB*02101 TERESA RUELAS 01/30/2025 158.40
12786 208 Saenz Pest Control, Inc. 01/30/2025 129.00
12787 499 Safety-Kleen Systems, Inc. 01/30/2025 839.17
12788 407 San Joaquin Valley Air Pollution Control District. 01/30/2025 290.00 12789 307 Shred-It, C/O Stericycle, Inc. 01/30/2025 277.77 12790 309 St. Francis Electric 01/30/2025 1,661.00
12791 836 State Water Resources Control Board 01/30/2025 28,426.08 12792 383 The Bank of New York Mellon Trust Company, N.A. 01/30/2025 340,325.00 12793 1105 United Rentals (North America), INC. 01/30/2025 475.18 12794 366 USABlueBook 01/30/2025 724.44
12795 1204 Valley Sanitation & Rentals LLC 01/30/2025 911.96 12796 UB*02103 MELLISA VIRNIG 01/30/2025 154.52
12797 296 Visual Edge IT, Inc 01/30/2025 2,711.64
12798 286 Xerox Financial Services 01/30/2025 82.77
12799 395 Administrative Solution, Inc. 01/30/2025 210.00 12800 434 AFSCME District Council 57 01/30/2025 1,626.24 12801 396 American Fidelity Assurance 01/30/2025 3,151.72 12802 397 American Fidelity Assurance Company 01/30/2025 1,103.32 12803 393 California State Disbursement Unit 01/30/2025 4,129.77 12804 612 Livingston Peace Officers Association 01/30/2025 3,294.00 12805 437 Operating Engineers Local 3 01/30/2025 477.00 12806 438 Operating Engineers Local Union No.3 01/30/2025 690.00 12807 1284 State of California 01/30/2025 325.40
12808 564 Texas Life Insurance 01/30/2025 550.56
Total for 1/30/2025: 732,665.48
12809 1309 Aleshire & Wynder LLP 02/07/2025 47,597.50
12810 193 BSK Associates 02/07/2025 6,580.90
12811 272 Charter Communications Holdings, LLC 02/07/2025 221.39 12812 293 Department of Justice Accounting Office 02/07/2025 470.00 12813 258 Ewing Irrigation Products, Inc. 02/07/2025 3,028.14 12814 481 Four Star Body And Frame 02/07/2025 1,798.94
12815 188 Frontier 02/07/2025 4,456.64
12816 356 Gouveia Engineering, Inc. 02/07/2025 79,940.87 12817 267 Hoffman Security 02/07/2025 260.50
12818 1033 Independent Investigations LLC 02/07/2025 300.00 12819 461 LEAF 02/07/2025 741.59
12820 228 League of California Cities 02/07/2025 6,944.00 12821 1671 Merced County Auditor/Controller's Office 02/07/2025 31,688.00 12822 389 Mid Valley IT 02/07/2025 11,238.60
12823 170 MintierHarnish Planning Consulants 02/07/2025 18,049.50 12824 431 Monte Vista Small Animal Hospital 02/07/2025 170.20 12825 199 Northstar Chemical 02/07/2025 2,008.78
12826 949 Nova Heating and Air Conditioning 02/07/2025 120.00 12827 302 Office Depot, Inc./ODP Business Solutions, LLC 02/07/2025 356.73 12828 1147 PAC Machine Company, INC. 02/07/2025 5,415.10 12829 203 PG&E 02/07/2025 359.42
12830 514 Quadient Leasing USA, Inc. 02/07/2025 976.55
AP Checks by Date - Summary by Check Date (3/6/2025 11:18 AM) Page 3

Check No Vendor No Vendor Name Check Date Check Amount
12831 500 Safeguard Business Systems 02/07/2025 328.19
12832 691 Seegers Printing 02/07/2025 270.63
12833 1606 SVA Architects, Inc. 02/07/2025 177,312.80
12834 875 Taylor ER Veterinary Emergency Hospital 02/07/2025 442.70 12835 310 Totlcom, Inc. 02/07/2025 427.71
12836 1654 Traffic and Parking Control Co., Inc. 02/07/2025 21,716.31 12837 314 Valley Coffee & Water 02/07/2025 72.15
12838 296 Visual Edge IT, Inc 02/07/2025 1,030.77
12839 287 West Coast Code Consultants, Inc. 02/07/2025 2,187.50 12840 210 WGR Southwest, Inc. 02/07/2025 686.21
Total for 2/7/2025: 427,198.32
12841 1309 Aleshire & Wynder LLP 02/18/2025 44,421.50
12842 250 Alhambra 02/18/2025 308.15
12843 253 AT&T 02/18/2025 243.02
12844 282 AT&T Mobility 02/18/2025 2,105.71
12845 162 Steve Bassi 02/18/2025 25.00
12846 672 Bauer Compressors, Inc. 02/18/2025 1,486.29
12847 393 California State Disbursement Unit 02/18/2025 901.83 12848 1674 Diego Castillo 02/18/2025 25.00
12849 1132 City of Gustine 02/18/2025 40.00
12850 291 City of Livingston c/o L &L District Irrigation02/18/2025 6,428.07 12851 1239 Clark Pest Control of Stockton, Inc. 02/18/2025 245.00 12852 447 Conco West, Inc 02/18/2025 24,966.00
12853 283 CoreLogic Solutions, LLC 02/18/2025 200.00
12854 293 Department of Justice Accounting Office 02/18/2025 1,876.98 12855 1151 Jose Flores 02/18/2025 25.00
12856 387 Frontier Communications Corp Frontier Comm of Global Valley 02/18/2025 153.75 12857 262 Gilton Solid Waste 02/18/2025 186,383.03
12858 425 HdL Coren & Cone 02/18/2025 1,549.50
12859 811 Pete Hulse, DVM, Pa Hilmar Animal Hospital02/18/2025 310.00 12860 786 J.B, Anderson Land Use Planning 02/18/2025 21,836.00 12861 464 Johnson Controls Fire Protection LP 02/18/2025 1,152.18 12862 1551 Mohinder Kanda 02/18/2025 25.00
12863 318 La Rue Communications 02/18/2025 1,941.00
12864 675 Lance, Soll & Lunghard, LLP 02/18/2025 7,912.10 12865 268 Language Line Services, Inc. 02/18/2025 237.82 12866 708 Merced County Law Enforcement Chief's Association 02/18/2025 125.00 12867 562 Merced County Registrar of Voters 02/18/2025 23,251.96 12868 180 Mission Linen Service 02/18/2025 345.12
12869 949 Nova Heating and Air Conditioning 02/18/2025 120.00 12870 302 Office Depot, Inc./ODP Business Solutions, LLC 02/18/2025 745.85 12871 203 PG&E 02/18/2025 72,258.01
12872 430 Quadient Finance USA, Inc. 02/18/2025 1,047.43 12873 1397 Jose Ramirez 02/18/2025 150.00
12874 1663 Mike Reavill 02/18/2025 1,275.00
12875 1661 Resource Development Company 02/18/2025 393,006.45 12876 408 Sapien Family Trust 02/18/2025 1,000.00
12877 307 Shred-It, C/O Stericycle, Inc. 02/18/2025 351.20 12878 989 Jasneil Singh 02/18/2025 25.00
12879 323 Springbrook Holding Company LLC 02/18/2025 2,211.00 12880 1284 State of California 02/18/2025 65.08
12881 875 Taylor ER Veterinary Emergency Hospital 02/18/2025 181.00 12882 284 Trans Union LLC 02/18/2025 157.48
12883 1550 Japjeet Singh Uppal 02/18/2025 40.00
12884 314 Valley Coffee & Water 02/18/2025 8.00
AP Checks by Date - Summary by Check Date (3/6/2025 11:18 AM) Page 4

Check No Vendor No Vendor Name Check Date Check Amount
12885 296 Visual Edge IT, Inc 02/18/2025 69.41
12886 818 Renee Waite-Mendonca 02/18/2025 25.00
Total for 2/18/2025: 801,255.92
12887 250 Alhambra 02/24/2025 357.22
12888 193 BSK Associates 02/24/2025 896.00
12889 1239 Clark Pest Control of Stockton, Inc. 02/24/2025 51.00 12890 547 Don's Mobile Glass 02/24/2025 289.00
12891 550 Entenmann-Rovin Co. 02/24/2025 1,842.58
12892 1603 Melanie Garcia 02/24/2025 540.00
12893 356 Gouveia Engineering, Inc. 02/24/2025 11,997.67 12894 728 Holt of California 02/24/2025 31,454.30
12895 501 Hunt & Sons, LLC 02/24/2025 8,991.13
12896 1033 Independent Investigations LLC 02/24/2025 3,980.00 12897 1643 Rafaela C. Lara 02/24/2025 216.00
12898 1676 Merced County Fire Department 02/24/2025 58,732.00 12899 180 Mission Linen Service 02/24/2025 140.08
12900 2 Angelita Moran 02/24/2025 270.00
12901 199 Northstar Chemical 02/24/2025 1,434.84
12902 302 Office Depot, Inc./ODP Business Solutions, LLC 02/24/2025 676.19 12903 203 PG&E 02/24/2025 7.63
12904 1203 Amy Pimentel 02/24/2025 150.00
12905 1549 Power Services, Inc. 02/24/2025 1,500.00
12906 1652 Richards, Watson & Gershon A Professional Corp. 02/24/2025 1,365.00 12907 439 Sharpening Shop 02/24/2025 88.44
12908 440 Target Specialty Products 02/24/2025 1,852.77 12909 460 The Radar Shop Inc. 02/24/2025 406.00
12910 1552 Turbo Data System, Inc. 02/24/2025 483.69
12911 314 Valley Coffee & Water 02/24/2025 82.95
12912 367 Verizon Wireless 02/24/2025 1,647.36
12913 597 Work Wellness 02/24/2025 241.00
Total for 2/24/2025: 129,692.85
12914 251 ABS Direct, Inc. 02/28/2025 5,987.53
12915 1678 David Aguilar 02/28/2025 150.00
12916 UB*02104 ISABEL AISPURO 02/28/2025 238.93
12917 472 Aqua-Metric Sales Company 02/28/2025 500.00
12918 454 Backflow Apparatus & Valve Co. 02/28/2025 236.00 12919 446 Belkorp Ag, LLC 02/28/2025 129.37
12920 193 BSK Associates 02/28/2025 1,829.20
12921 909 Canon Financial Services, Inc. 02/28/2025 331.89 12922 1308 CSG Consultants, Inc. 02/28/2025 1,000.00
12923 787 Custom Weed Control Inc. 02/28/2025 400.00
12924 1089 DAHLIN GROUP 02/28/2025 1,905.00
12925 293 Department of Justice Accounting Office 02/28/2025 1,108.00 12926 455 Ernest Packaging Solutions 02/28/2025 1,931.43 12927 163 EZ Auto Supply 02/28/2025 21.85
12928 1410 FFP Fund VII TEI Partnership 1, LLC 02/28/2025 5,369.23 12929 188 Frontier 02/28/2025 510.60
12930 164 Garza Tire & Wheel, Inc 02/28/2025 1,184.28
12931 262 Gilton Solid Waste 02/28/2025 15,029.05
12932 685 Global Equipment Company, Inc. 02/28/2025 8,661.05 12933 356 Gouveia Engineering, Inc. 02/28/2025 83,820.78 12934 267 Hoffman Security 02/28/2025 212.95
12935 728 Holt of California 02/28/2025 906.04
AP Checks by Date - Summary by Check Date (3/6/2025 11:18 AM) Page 5

Check No Vendor No Vendor Name Check Date Check Amount
12936 501 Hunt & Sons, LLC 02/28/2025 7,221.86
12937 1033 Independent Investigations LLC 02/28/2025 1,231.50 12938 165 J L Analytical Services, Inc. 02/28/2025 155.00 12939 570 Jocelyn E. Roland, Ph.D., ABPP 02/28/2025 1,000.00 12940 UB*02105 RAVINDER KAUR 02/28/2025 235.02
12941 643 Cynthia Landeros 02/28/2025 150.00
12942 1170 Martin Marietta Materials, Inc. 02/28/2025 423.30 12943 278 Merced Irrigation District 02/28/2025 42,773.07 12944 170 MintierHarnish Planning Consulants 02/28/2025 3,620.00 12945 180 Mission Linen Service 02/28/2025 984.51
12946 270 Modern Air Mechanical 02/28/2025 463.00
12947 194 Modesto Welding Products 02/28/2025 24.00
12948 431 Monte Vista Small Animal Hospital 02/28/2025 545.46 12949 1576 Next Level Parts, Inc 02/28/2025 117.08
12950 199 Northstar Chemical 02/28/2025 18,470.49
12951 302 Office Depot, Inc./ODP Business Solutions, LLC 02/28/2025 560.80 12952 1147 PAC Machine Company, INC. 02/28/2025 654.95
12953 890 Parson's Embroidery Plus 02/28/2025 1,407.62
12954 203 PG&E 02/28/2025 68,607.49
12955 981 Omar Pina 02/28/2025 150.00
12956 273 Potential Electric Inc. 02/28/2025 4,141.75
12957 433 Razzari Ford 02/28/2025 215.63
12958 1679 Ashley Rincon 02/28/2025 495.00
12959 1668 Rincon Consultants, Inc 02/28/2025 2,092.05
12960 450 S & A Manufacturing 02/28/2025 380.39
12961 208 Saenz Pest Control, Inc. 02/28/2025 129.00
12962 561 Safe-T-Lite of Modesto, Inc. 02/28/2025 3,703.58 12963 1330 James D Sanders 02/28/2025 400.00
12964 439 Sharpening Shop 02/28/2025 485.57
12965 UB*02106 SIMRANJIT SINGH 02/28/2025 51.81
12966 UB*02107 TALVINDER SINGH 02/28/2025 170.21
12967 624 Smith Chevrolet Cadillac, Inc. 02/28/2025 1,902.90 12968 440 Target Specialty Products 02/28/2025 88.09
12969 1117 The Sherwin Williams Co. Store 708616 02/28/2025 96.05 12970 1672 Top Tier Tinting, LLC 02/28/2025 748.10
12971 366 USABlueBook 02/28/2025 573.16
12972 296 Visual Edge IT, Inc 02/28/2025 1,510.03
12973 287 West Coast Code Consultants, Inc. 02/28/2025 687.50 12974 210 WGR Southwest, Inc. 02/28/2025 586.31
Total for 2/28/2025: 298,715.46
Report Total (299 checks): 2,915,596.10
AP Checks by Date - Summary by Check Date (3/6/2025 11:18 AM) Page 6

STAFF REPORT
AGENDA ITEM: Resolution Approving the Purchase of a Recognition Plaque to Honor Aurora and Guadalupe Garcia to be placed at Memorial Park and Authorizing the Finance Department to Make a Supplemental Appropriation in the Amount Not to Exceed $1,430.00 to the General Fund MEETING DATE: March 18, 2025
PREPARED BY: Anthony Chavarria, Public Works Director
REVIEWED BY: Happy Bains, Finance Director/Assistant City Manager RECOMMENDATION:

Staff recommends that the City Council adopts a Resolution approving the purchase of a recognition plaque to honor Aurora & Guadalupe Garcia to be placed at Memorial Park and authorizing the Finance Department to make a supplemental appropriation in the amount not to exceed $1,430.00 to the General Fund.

BACKGROUND & DISCUSSION:

On August 20, 2024, Council Member Roth proposed to the Council the idea of creating a recognition plaque in honor of Aurora and Guadalupe Garcia. Both Aurora and Guadalupe were beloved community leaders in Livingston for more than 50 years. Aurora dedicated more than 57 years to running the medical clinic and was a strong advocate for the establishment of the new Livingston Community Health Clinic. Lupe was Livingston’s first barber and was the founder of the Livingston Mexican American League and the Livingston Youth Football League. His contributions extended to various local organizations, including the Livingston Police Department, Recreation Department, Volunteer Fire Department and School Board. Additionally, he served as City Council Member and Mayor from 1984 to 1990.

To honor their legacy, a tree at Memorial Park will be dedicated with a plaque recognizing the significant contributions of Aurora and Guadalupe Garcia.

FISCAL IMPACT:

Staff is requesting authorizing the Finance Department to make a supplemental appropriation in the amount not to exceed $1,430.00 to the Elected Official’s Miscellaneous Fund (1100-100-4619).

ATTACHMENTS:

Exhibit “A” Cost Proposal From International Bronze
Exhibit “B” Internation Bronze – Dedication Plaque

01424.0001/1010828.1 Page 1 of 2
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING THE

PURCHASE OF A RECOGNITION PLAQUE TO HONOR AURORA & GUADALUPE GARCIA

TO BE PLACED AT MEMORIAL PARK AND AUTHORIZING THE FINANCE DEPARTMENT

TO MAKE A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT NOT TO EXCEED $1,430.00 TO THE GENERAL FUND
WHEREAS, on August 20, 2024, Council Member Roth proposed to the Council the idea of creating a recognition plaque in honor of Aurora and Guadalupe Garcia; and WHEREAS, both Aurora and Guadalupe were beloved community leaders in Livingston for more than 50 years; and
WHEREAS, Aurora dedicated more than 57 years to running the medical clinic and was a strong advocate for the establishment of the new Livingston Community Health Clinic; and WHEREAS, Lupe was Livingston’s first barber and was the founder of the Livingston Mexican American League and the Livingston Youth Football League and his contributions extended to various local organizations, including the Livingston Police Department, Recreation Department, Volunteer Fire Department and School Board; and
WHEREAS, additionally, he served as City Council Member and Mayor from 1984 to 1990; and WHEREAS, to honor their legacy, a tree at Memorial Park will be dedicated with a plaque recognizing the significant contributions of Aurora and Guadalupe Garcia; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:

Section 1. The City Council of the City of Livingston Adopts a Resolution approving the purchase of a recognition plaque to honor Aurora & Guadalupe Garcia to be placed at Memorial Park.

Section 2. Authorizing the Finance Department to make a supplemental appropriation in the amount not to exceed $1,430.00 to the Elected Official’s Miscellaneous Fund (1100- 100-4619).

Section 3. This Resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2025-___is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 18th day of March 2025, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

01424.0001/1010828.1 Page 2 of 2
By:

Jose A. Moran, Mayor
of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk

APPROVED AS TO LEGAL FORM
________________________
Roy C. Santos, City Attorney

Quote
Date
1/28/2025
Quote #
128jenkins
Bill To
City of Livingston
1416 C St.

Livingston, CA 95334
Attn: Alexis Jenkins
Ship To
International Bronze Plaque Company Inc
17031 Alico Commerce Ct Unit 3
Ft Myers, FL 33967-2508
516-248-3080 x102
www.internationalbronze.com
P.O. Number Terms
In Advance
Rep
RK
Via
Federal Express
Total
Quantity Item Code Description Price Each Amount
Special Bronze plaque with photo, plaque 18 x 18, photo 6 x 5, single line border, dark oxide, leatherette, concealed mount, per artwork approved "Aurora & Guadalupe Garcia"
1 1,430.00 1,430.00
1 Special no charge for ground ups and no taxes 0.00 0.00

UPON RECEIPT OF PAYMENT WE WILL PROCESS

YOUR ORDER
$1,430.00
City of Livingston
Dept of Public Works
2238 Walnut Ave
Livingston CA 95334
Attn: Alexis Jenkins

rc,nn•W'ltcm.:ihoo~lbl'Qr,zc..com

STAFF REPORT
AGENDA ITEM: Adopt a Resolution (1) Approving an Agreement with Garland/DBS, Inc. for Comprehensive Roofing Materials and Support Services for the Walnut CDC Roofing Project in the Amount Not to Exceed $415,825, and (2) Authorizing the City Manager or Finance Director/Assistant City Manager to Execute all Required Documents
MEETING DATE: March 18, 2025
PREPARED BY: Anthony Chavarria, Director of Public Works REVIEWED BY: Happy Bains, Finance Director/Assistant City Manager RECOMMENDATION:

Staff recommends that the City Council adopt a Resolution (1) approving an agreement with Garland/DBS, Inc. for comprehensive roofing materials and support services for the Walnut CDC roofing project in the amount not to exceed $415,825, and (2) authorizing the City Manager or Finance Director/Assistant City Manager to execute all required documents.

BACKGROUND:

The roof on the Walnut Child Development Center (CDC) has been in place for over 25 years, surpassing the typical lifespan of the roofing materials. During this period of time, the facility has experienced several leaks, which raised concerns about the integrity of the building and the safety of the children and staff.

On January 17, 2023, Garland/DBS, Inc. conducted a roof assessment of the CDC to evaluate the existing roof conditions and provide recommendations. Garland/DBS, Inc. recommended the roof to be replaced to ensure maximum efficiency with a 30 Year Warranted Roof System.

Frequent repair to the roof can be costly, both in terms of financial resources and time. Investing in a new roof could reduce ongoing maintenance expenses and prevent further damage that might require extensive repairs.

DISCUSSION:

On March 17, 2020, Council approved the interlocal contract for cooperative purchasing with OMNIA Partners for the purchase of goods and services in accordance with applicable Federal, State and Local rules, regulations, and ordinances. OMNIA Partners is the largest cooperative purchasing organization for public sector procurements. OMNIA Partners holds a cooperative contract with Garland/DBS, Inc. to provide comprehensive roofing material and support services.

Garland/DBS, Inc. invited contractors to bid for the Walnut CDC Roofing Project. The project scope includes removal and replacement of the existing roofing systems and servicing all gutter sections.

Garland/DBS, Inc. received three (3) bids as follows:

Walnut CDC Roofing Project 2025
Vendor Bid Amount
Waterproofing $415,825
Nations Roof $459,427
Fresno Roofing $531,961
Given the age of the current roof, the history of leaks and the associated risks, staff recommend accepting the Garland/DBS, Inc. proposal and selecting Waterproofing for the roof repair at the Walnut CDC.

FISCAL IMPACT:
$415,825 will be expended from FY 2024-2025 approved budget in the Municipal Impact Fee Fund (2002-700-7445).

ATTACHMENTS:

1. Resolution No. 2025-

2. Walnut CDC Bid Project Package

3. Proposal from Garland/DBS, Inc.

4. Agreement for Garland/DBS, Inc.

5. Site Survey Report

01424.0001/1010828.1 Page 1 of 2
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON (1) APPROVING AN AGREEMENT WITH GARLAND/DBS, INC. FOR COMPREHENSIVE ROOFING

MATERIALS AND SUPPORT SERVICES FOR THE WALNUT CDC ROOFING PROJECT IN THE AMOUNT NOT TO EXCEED $415,825, AND (2) AUTHORIZING THE CITY MANAGER

OR FINANCE DIRECTOR/ASSISTANT CITY MANAGER TO EXECUTE ALL REQUIRED

DOCUMENTS
WHEREAS, the roof on the Walnut Child Development Center (CDC) has been in place for over 25 years, surpassing the typical lifespan of the roofing materials; and WHEREAS, during this period of time, the facility has experienced several leaks, which raised concerns about the integrity of the building and the safety of the children and staff; and WHEREAS, on January 17, 2023, Garland/DBS, Inc. conducted a roof assessment of the CDC to evaluate the existing roof conditions and provide recommendations and Garland/DBS, Inc. recommended the roof to be replaced to ensure maximum efficiency with a 30 Year Warranted Roof System; and
WHEREAS, on March 17, 2020, Council approved the interlocal contract for cooperative purchasing with OMNIA Partners for the purchase of goods and services in accordance with applicable Federal, State and Local rules, regulations, and ordinances; and WHEREAS, OMNIA Partners holds a cooperative contract with Garland/DBS, Inc. to provide comprehensive roofing material and support services; and WHEREAS, Garland/DBS, Inc. invited contractors to bid for the Walnut CDC Roofing Project; and received three bids as follows: Waterproofing ($415,825), Nations Roof ($459,427) and Fresno Roofing ($531,961); and
WHEREAS, the project scope includes removal and replacement of the existing roofing systems and servicing all gutter sections; and
WHEREAS, staff recommends accepting the Garland/DBS, Inc. proposal and selecting Waterproofing for the roof repair at the Walnut CDC; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:

Section 1. The City Council of the City of Livingston Adopts a Resolution approving an agreement with Garland/DBS, Inc. for comprehensive roofing materials and support services for the Walnut CDC Roofing Project in the amount not to exceed $415,825 from the Municipal Impact Fee Fund (2002-700-7445).

Section 2. Authorizing the City Manager or Finance Director/Assistant City Manager to execute all required documents.

Section 3. This Resolution will become effective immediately.

01424.0001/1010828.1 Page 2 of 2
I hereby certify that the foregoing Resolution No. 2025-___is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 18th day of March 2025, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Jose A. Moran, Mayor
of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk

APPROVED AS TO LEGAL FORM
________________________
Roy C. Santos, City Attorney

PROJECT MANUAL

TECHNICAL SPECIFICATIONS
FOR
WALNUT CDC ROOFING PROJECT 2024
City of Livingston
1416 C Street Livingston, CA 95334
Bid Date: August 20, 2024 @ 2:00 PM

Walnut CDC Roofing Project 2024 Project No. 24-01
City of Livingston
SECTION 01 11 00

SUMMARY OF WORK
PART 1 — GENERAL

1.1 WORK REQUIRED BY CONTRACT DOCUMENTS
A. Drawings and general provisions of the Contract, including the Conditions of the Contract and Division 01 Specification Sections apply to this Section.

B. The work of this project consists of, but is not limited to the Scope of Work listed below.

This scope is preliminary and for information purposes only. It is the responsibility of the contractor to perform all work as shown, specified and required based upon the contract documents (drawings, specifications, addenda, etc.)

1.2 SUMMARY
A. Section includes removal and replacement of the existing roofing systems as specified with all applicable details for a complete watertight warrantied roofing assembly per the manufacturers instructions.

B. Related Work Specified Elsewhere:

1. Section 06 11 00 - Rough Carpentry

2. Section 07 22 00 - Roof Insulation

3. Section 07 55 00 - KEE Stone Membrane Roofing

1.3 WORK COVERED BY CONTRACT DOCUMENTS
A. Project Identification: Walnut CDC Roofing Project
B. Project Location: 2600 Walnut Avenue, Livingston, CA 95334 C. Owner: City of Livingston, 1416 C Street, Livingston, CA 95334 D. General scope of work but not limited to;

1. Low Slope Roof Section:

2. Includes removal and disposal of existing flashings, copings, vertical bur wall flashings, etc. for a complete prepared roof surface at the low slope areas.

3. Existing metal roof is to stay in place. Install EPS Flute Filler in the field to create a flat substrate for the Wood-Fiber board.

4. Existing BUR Roofs to stay in place. Slice any buckles to ensure the substrate is flat for the Wood-Fiber board.

5. Install one layer of ½” Wood-Fiber insulation board with screws and plates, 16 per 4’x 8’ sheet.

SECTION 01 11 00 – SUMMARY OF WORK 1

Walnut CDC Roofing Project 2024 Project No. 24-01
City of Livingston

6. Install one layer of 1/2” Dens Deck insulation board over the metal wall panels at all vertical walls and curbs.

7. Install one layer of Flexbase 80 in Greenlock Adhesive at all horizontal and vertical surfaces.

8. Install KEE Stone FB 60 mil membrane adhered at all horizontal surfaces per manufactures details.

9. Install KEE Stone NF 60 mil membrane adhered at all vertical surfaces per manufacturers details.

10.Install new KEE prefabricated boots at all pipe penetrations.

11.Install new vents at all locations and incorporate into the roof system per manufacturers details.

12.Install equipment support blocking with a 24 gauge sheet metal pan at the fixed pipe support locations.

13.Install new C-Port or equal rubber blocks at all condensate, electrical, etc. for support blocking.

14.Install KEE walkway pad from the ladder access or roof hatch to and around all HVAC units and under all support blocking.

15.Install new 24 gauge galvanized sheet metal skirt flashing at all HVAC and roof curbs.

16.Install new 24 gauge pre-finished coping with 22 gauge cleat at all perimeter walls and where existing sloped to the interior.

17.Pressure wash all gutter sections and remove all debris from the gutters.

18.Apply Unibond to the gutter seams tightly with no fish mouths or bubbles.

19.Apply Metal Primer to the entire gutter section per manufacturers details.

20.Apply Cool Sil HB in two coat to the gutter section per manufacturers details.

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

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

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

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

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

SECTION 01 11 00 – SUMMARY OF WORK 2

Walnut CDC Roofing Project 2024 Project No. 24-01
City of Livingston
D. The point of exterior access must be approved by the owner.

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

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

Protect building and occupants during construction.

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

H. Assume full responsibility for protection and safekeeping of materials stored on premises. Coordinate the location of materials and equipment to be stored on premises.

Provide barricades, barriers, and enclosures as required to ensure safety.

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

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

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

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

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

1.10 SCHEDULE OF ALTERNATES
A. None

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

B. Do not apply roofing insulation or membrane to damp deck surface.

C. Do not expose materials subject to water or solar damage in quantities greater than can be weatherproofed during same day.

1.12 SEQUENCING AND SCHEDULING
A. Sequence installation of roofing with related units of work specified in other sections to ensure that roof assemblies, including roof accessories, flashing, trim and joint sealers, are SECTION 01 11 00 – SUMMARY OF WORK 3

Walnut CDC Roofing Project 2024 Project No. 24-01
City of Livingston
protected against damage from effects of weather, corrosion and adjacent construction activity.

B. Complete all roofing field assembly work each day. Phased construction will not be accepted.

1.14 PROJECT TIME LINE
A. Pre Bid Meeting: 8/13/2024 @ 10:00 am
B. Last Day for Questions: 8/18/2024
C. Bid Date: 8/20/2024 @ 2:00 pm
D. Board Meeting to Award: 9/03/2024
E. Project Start Date: ASAP
F. Project Completion Date: 90 days after Notice of Award END OF SECTION 01 11 00 – SUMMARY OF WORK
SECTION 01 11 00 – SUMMARY OF WORK 4

SECTION 06 10 00

ROUGH CARPENTRY
PART 1 - GENERAL

1.1 RELATED DOCUMENTS:

A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division-1 Specification sections, apply to work of this section.

B. Related work specified elsewhere:

1. Section 01 11 00 – Summary of Work

2. Section 07 22 00 – Roof Deck and Insulation

3. Section 07 55 00 – Modified KEE Membrane

1.2 SUMMARY:

A. This portion of the specification sets forth the general requirements, including the quality and type of materials required for the installation of all pressure treated and non pressure treated lumber used for wood curbs, nailing strips, miscellaneous blocking material, unexposed fillers, fascia, edging strips, deck replacement, etc

1.3 STORAGE:

A. All material specified herein shall be stored (after delivery to the site) so that it will be fully protected from damage and weather, and shall be stacked to prevent damage. All lumber shall be fully protected to maintain the original required moisture content as specified in item titled "Moisture Content".

1.4 OTHER REQUIREMENTS:

A. Dimensions indicated on the drawings are nominal dimensions (except where details show actual sizes) and shall be subject to the standard reductions required for surfacing or tolerances permitted by the grading rules. Unless otherwise indicated on drawings, all material shall be S4S (surfaced four sides).

1.5 PROTECTION:

A. All finished work shall be adequately protected against damage from any source.

1.6 COORDINATION:

A. Carpenters shall coordinate their work with that of the other trades so that progress continues without interruption.

SECTION 06 10 00 – ROUGH CARPENTRY

PART 2 - PRODUCTS

2.1 WOOD - FRAMING AND CURBS:

A. GRADING RULES, GRADES, AND SPECIES

1. Lumber: Southern Pine, yellow pine, Douglas fir, spruce, ponderosa pine, larch or Hemlock and shall meet the following minimum grade requirement of construction standard ( 75% #1 and 25% #2); free from warping and visible decay. Lumber shall be graded according to the standard grading rules of the Southern Pine Inspection Bureau, the West Coast Lumber Inspection Bureau, or the Western Wood Products Association.

B. MOISTURE CONTENT

1. All lumber shall be air-dried or kiln-dried before treatment, so that the moisture content is not more than 19%. After treatment, it shall be kiln-dried at temperatures not exceeding 160 degrees F. (71 degrees C) so that the moisture content is not more than 19% at time of shipment
C. DECAY-RESISTANT TREATMENT:

1. Lumber in contact with roofing or acting as fascias, and all other exterior lumber, shall be pressure-treated with a waterborne preservative in accordance with AWPA Specification P5. Creosote and oil-borne preservatives are not acceptable.

2. Treating processes, material conditions, plant equipment, and other pertinent requirements shall conform to AWPA Specifications C1 and C2 for specific kind of lumber and type of preservative to be used.

Retention shall be as required for intended use.

3. All treated lumber shall bear the mark of a code recognized third party agency such as the AWPA.

D. PLYWOOD:

Grade: CDX or Cyme exterior Grade. Description: 5/8" thick E. WOOD SIDING:

1. T 111 or approved equal.

2.2 MECHANICAL FASTENERS:

A. WOOD TO STEEL:

1. Acceptable Manufacturers:
a. Roofgrip screw with Climaseal coating; plastic disc - Buildex Div. of ITW, Itasca, IL.

SECTION 06 10 00 – ROUGH CARPENTRY

b. Dekfast screw with Sentri coating: plastic disc – Construction Fasteners, Inc., Wyomissing, PA.
c. Fabco Fastening Systems, West Newton, PA: Insul-Fixx screw with Fabcote coating; plastic plate, Plate-Fixx screw with Fabcote coat; plastic disc.
d. Kwik-Deck screw with Oxyseal coating; plastic disc - Atlas Bolt & Screw Div., Trans Union Fastener Corp., Ashland, OH.
e. Olympic #12-11 Standard Steel Deck Screw or #14-10 Heavy Duty All Purpose Screw with CR-10 coating; three inch diameter plastic - Olympic Manufacturing Group, Inc., Agawam, MA. f. Glasfast (plastic disc) - Owens-Corning Fiberglas Corp., Toledo, OH.
g. Perma Fastener screw with permaseal coating; plastic plate - International Permalite, Inc., Oak Brook, IL.

2. Screw Length: Sufficient to engage steel, wood deck 1 inch.

B. WOOD TO WOOD:

1. Type: Galvanized, common, annular ring nail. Length: Sufficient to penetrate underlay blocking 1-1/4 inches.

2. Acceptable Manufacturers:
a. Hillwood Manufacturing Co., Cleveland, OH.
b. Independent Nail, Inc., Bridgewater, MA.
c. W.H. Maze Co., Peru, IL.
d. National Nail Corp., Grand Rapids, MI.

C. WOOD TO MASONRY:

1. Acceptable Manufacturers:
a. Tapcon 1/4" diameter, Phillips pan head anchor - Buildex Div. of ITW, Itasca, IL.
b. Confas - Construction Fasteners, Inc., Wyomissing, PA. c. Con-fixx - Fabco Fastening Systems, West Newton, PA. d. #14-10 Heavy Duty all Purpose Screw – Olympic Manufacturing Group, Inc., Agawam, MA.
e. Tru-Fast fastener (stainless steel) - The Tru-Fast Corp., Bryan, OH.

2. Length: Sufficient to provide 1-1/2 inch embedment.
.

D. WOOD TO HOLLOW MASONRY:

1. Acceptable Manufacturers:
a. Sleeve Anchor by Hilti Fastening Systems, Tulsa, OK. b. Rawly Hollow Masonry Anchor by the Rawlplug Co., Inc., New Rochelle, NY.

2. Length: As recommended by manufacturer
SECTION 06 10 00 – ROUGH CARPENTRY

PART 3 - EXECUTION

3.1 CARPENTRY:

A. At roof edge to receive metal fascia, around all roof top penetration perimeters, and under any flashing component that is to have a roof flange mechanically fastened to roofing substrate; mechanically attach wood blocking. Blocking thickness: Equal to common 1 x 4”, 1 x 6” 2x4”, 2x6”, 2x8”, 2x10”, 2x12”.

B. Fasteners shall be installed in two rows staggered. Spacing in any one row shall not exceed 24 inches. Within eight feet of outside corners, spacing shall not exceed twelve inches in any one row.

C. Where required, offset blocking layers twelve inches, weave corners.

D. When preservative treated wood is cut, the cut end shall be treated in accordance with AWPA Specification M4.

E. Lumber shall be accurately cut to the work requirements and shall be well fastened.

F. Bolted fastenings shall have washers of adequate size under both heads and nuts. Nails shall be of correct size and quantity for proper fastening.

Oversized nails that will result in splitting shall not be used. All fasteners shall be galvanized per ASTM A 153.

END OF SECTION
SECTION 06 10 00 – ROUGH CARPENTRY

Walnut CDC Roofing Project 2024 Project No. 24-01
City of Livingston
SECTION 07 22 00

ROOF DECK AND INSULATION
PART 1 – GENERAL

1. RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including the Conditions of the Contract and Division 01 Specification Sections apply to this section.

2. SUMMARY
A. Section includes roof insulation over the properly prepared deck substrate.

B. Related Sections:

1. Section 01 11 00 – Summary of Work

2. Section 06 10 00 – Rough Carpentry

3. Section 07 55 00 – Modified KEE Membrane

3. REFERENCES
A. American Society for Testing and materials (ASTM):

1. ASTM C165 Standard Test Method for Measuring Compressive Properties of Thermal Insulation.

2. ASTM C208 Standard Specification for Cellulosic Fiber Insulation Board.

3. ASTM C209 Standard Test Method for Cellulosic Fiber Insulating Board.

4. ASTM C272 Standard Test Method for Water Absorption of Core Materials for Structural Sandwich Constructions.

5. ASTM C1396 Standard Specification for Gypsum Wallboard.

6. ASTM C518 Standard Test Method for Steady-State Heat Flux Measurements and Thermal Transmission Properties by Means of the Heat Flow Meter Apparatus.

7. ASTM C578 Standard Specification for Perlite Thermal Insulation Board.

8. ASTM C728 Standard Test Methods for Fire Test of Roof Coverings.

9. ASTM C1289 Standard Specification for Faced Rigid
Polyisocyanurate Thermal Insulation.

10. ASTM D5 Standard Test Method for Penetration of Bituminous Materials.

11. ASTM D36 Standard Test Method for Softening Point of Bitumen (Ring and Ball Apparatus).

12. ASTM D312 Standard Specification for Asphalt Used in Roofing.

13. ASTM D412 Standard Test Methods for Vulcanized Rubber and Thermoplastic Rubbers and Thermoplastic Elastomers-Tension.

14. ASTM D1621 Standard Test Method for Compressive Properties of Rigid Cellular Plastics.
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15. ASTM D1622 Standard Test Method for Apparent Density of Rigid Cellular Plastics.

16. ASTM D2126 Standard Test Method for Response off Rigid Cellular Plastics to Thermal Humid Aging.

17. ASTM D2178 Standard Specification for Asphalt Glass Felts used in Roofing and Waterproofing.

18. ASTM D4601 Standard Specification for Asphalt-Coated Glass Fiber Base Sheet Used in Roofing.

19. ASTM D5147 Standard Sampling and Testing Modified Bituminous Sheet Material.

B. Factory Mutual Research (FM):

1. Roof Assembly Classifications.

D. National Roofing Contractors Association (NRCA):

1. Roofing and Waterproofing Manual.

E. Underwriters Laboratories, Inc. (UL):

1. Fire Hazard Classifications.

F. Warnock Hersey (WH):

1. Fire Hazard Classifications.

G. Sheet Metal and Air Conditioning Contractors National Association (SMACNA)
H. Steel Deck Institute, St. Louis, Missouri (SDI)
I. Southern Pine Inspection Bureau, Pensacola, Florida (SPIB) J. Insulation Board, Polyisocyanurate (FS HH-I-1972)
K. Insulation Board, Thermal (Fiberboard) (FS LLL-1-535B)

1.4. SUBMITTALS
A. Product Data: Provide manufacturer’s specification data sheets for each product in accordance with Division 01 Section Submittal Procedures. 013000.

B. Provide approval letters from insulation manufacturer for use of their insulation within this particular roofing system type.

C. Provide a sample of each insulation type.

D. Shop Drawings

1. Submit manufacturer’s shop drawings indicating complete installation details of tapered insulation system, tapered insulation crickets, including identification of each insulation block, sequence of installation, layout, drain locations, roof slopes, thicknesses, crickets and saddles.

2. Shop drawing shall include: Outline of roof, location of drains, a complete board layout of tapered insulation components, thickness and the average “R” value for the completed insulation system.

E. Certification
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1. Submit roof manufacturer’s certification that insulation fasteners furnished are acceptable to roof manufacturer.

2. Submit roof manufacturer’s certification that insulation furnished is acceptable to roofing manufacturer as a component of roofing system and is eligible for roof manufacturer’s system warranty.

3. Roof manufacturer's certification that insulation fasteners furnished are acceptable to roof manufacturer.

4. Roof manufacturer's certification that insulation furnished is acceptable to roofing manufacturer as a component of roofing system and is eligible for roof manufacturer's system warranty.

5. Wind uplift calculation, per CBC, Chapter 15, 1504 utilizing ASCE 7-10. Wind uplift shall be provided by the roofing system manufacturer. Calculation shall be reviewed by a CA licensed Structural II engineer.

1.5. QUALITY ASSURANCE
A. Fire Classification, ASTM E-108.

B. Manufacturer’s Certificate: Certify that roof system furnished is approved by Factory Mutual, Underwriters Laboratories, Warnock Hersey or approved third party testing facility in accordance with ASTM E108, Class A for external fire and meets local or nationally recognized building codes.

C. Manufacturer’s Certificate: Certify that the roof system is adhered properly to meet or exceed the requirements of FM 1-90.

D. Pre-installation meeting: Refer to Division 07 roofing specifications for pre-installation meeting requirements.

1.6. DELIVERY, STORAGE AND HANDLING
A. Deliver products to site with seals and labels intact, in manufacturer’s original containers, dry and undamaged.

B. Store all insulation materials in a manner to protect them from the wind, sun and moisture damage prior to and during installation. Any insulation that has been exposed to any moisture shall be removed from the project site.

C. Keep materials enclosed in a watertight, ventilated enclosure (i.e. tarpaulins).

D. Store materials off the ground. Any warped, broken or wet insulation boards shall be removed from the site.

1.7. WARRANTY
A. Provide warranty coordinated with the requirements of other sections specifying roof products.
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PART 2 – PRODUCTS

2.1 PRODUCTS, GENERAL
A. Refer to Division 01 Section “Common Product Requirements.” B. Basis of Design: Materials, manufacturer’s product designations, and/or manufacturer’s names specified herein 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 reviewed 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 INSULATION MATERIALS
A. Thermal Insulation Properties and Approved Insulation Boards.

1. Rigid Polyisocyanurate Roof Insulation; ASTM C1289:
a. Qualities: Rigid, closed cell polyisocyanurate foam core bonded to heavy duty glass fiber mat facers.
b. Thickness: N/A
c. R-Value: N/A
d. Attachment: Mechanically attached per roofing manufactures ASCE 7-16 Wind Uplift requirements.
e. Compliances: UL, WH or FM listed under Roofing Systems Federal Specification HH-I-1972, Class 1.
f. Acceptable Products:
1) ENRGY-3; Johns Manville
2) H-Shield; Hunter
3) EnergyGuard; GAF
4) Approved Equivalent

2. Tapered Polyisocyanurate Roof Insulation; ASTM C1289:
a. Qualities: Factory Tapered, closed cell polyisocyanurate foam core bonded to heavy duty glass fiber mat facers.
b. Thickness: Slope to drain
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c. Average R-Value: N/A
d. Tapered Slope: (Field) N/A
e. Tapered Slope: (Crickets) N/A
f. Attachment: screws and plates, 1 per 2 square feet of roof board area.
g. Compliances: UL, WH or FM listed under Roofing Systems Federal Specification HH-I-1972, Class 1
h. Acceptable Products:
1) ENRGY 3; Johns Manville
2) EnergyGuard; GAF
3) H-Shield; Hunter
4) Approved Equivalent

3. High Density Six Side Primed Fiberboard Roof insulation; ASTM C208
a. Qualities: Rigid, composed of interlocking fibers factory blended treated with asphalt.
b. Board Size: 1/2”
c. Thickness: N/A
d. Attachment: Mechanically attached per roofing manufacturers ASCE 7-16 wind uplift requirements.
e. Compliances: UL, WH, FM listed under Roofing Systems.

Federal Specification LLL-I-535-B.
f. Acceptable Manufacturers:
1) Blue Ridge; Celotex
2) Temple Inland
3) GAF Building Materials Corporation
4) Georgia-Pacific
5) Approved Equivalent

4. Dens-Deck Prime Roof Board
a. Qualities: Nonstructural glass mat faced, noncombustible, water-resistant treated gypsum core panel.
b. Board Size: Four feet by Eight feet (4’x8’).
c. Thickness: 1/2”
d. R-Value: .58
e. Attachment: Mechanically attached per roofing manufacturers ASCE 7-16 wind uplift requirements.
f. Compliances: UL, WH or FM listed under Roofing Systems.

2.3 RELATED MATERIALS
A. Fiber Cant and Tapered Edge Strips: Performed rigid insulation units of sizes/shapes indicated, matching insulation board or of perlite or organic fiberboard, as per the approved manufacturer.

1. Acceptable Manufacturers:
a. The Garland Company, Inc.
b. Celotex
c. Johns Manville
d. GAF
e. Approved Equivalent
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B. Protection Board: Pre-molded semi-rigid asphalt composition board one half (1/2) inch.

C. Roof Board Joint Tape: Six (6) inches wide glass fiber mat with adhesive compatible with insulation board facers.

D. Asphalt: ASTM D312, Type III Steep Asphalt.

E. Roof Deck Insulation Adhesive: Insul-Lock HR - Dual-component, high rise foam adhesive with 45% rapidly renewable material content as recommended by insulation manufacturer and approved by FM indicated ratings.

1. Tensile Strength (ASTM D412)……250 psi

2. Density (ASTM D1875)……..8.5 lbs./gal.

3. Viscosity (ASTM D2556)……22,000 to 60,000 cP.

4. 2 ˋPeel Strength (ASTM D903)…..17 lb/in.

5. 3 ˋFlexibility (ASTM D816)……Pass @ -70°F
F. Fasteners: Corrosion resistant screw fastener as recommended by roof membrane manufacturer.

1. Factory Mutual Tested and Approved with three (3) inches coated disc for I-90 rating, length required to penetrate metal deck one inch.

2. Screws: Concealor #14-13 DP1 as specified per ASCE 7 calculations.

PART 3 – EXECUTION

3.1 EXECUTION, GENERAL
A. Comply with requirements of Division 01 Section “Common Execution Requirements.”

3.2. EXAMINATION
A. Roofing contractor shall be responsible to verify that roof framing system is complete and ready to receive insulation system. Do not proceed with installation until unsatisfactory conditions have been corrected.

1. Verify that work which penetrates roof deck has been completed.

2. Verify that wood nailers are properly and securely installed.

3. Verify the roof deck has proper slope to drain.

4. Verify that penetrations are a minimum of 24” aways from all waterways and will not obstruct the proper roof drainage.

5. Examine surfaces for defects, rough spots, ridges, depressions, foreign material, moisture, and unevenness.

6. Do not proceed until defects are corrected.

7. Do not apply insulation until substrate is sufficiently dry.

8. Broom clean substrate immediately prior to application.

9. Use additional insulation to fill depressions and low spots that would otherwise cause ponding water.

10. Verify that temporary roof has been completed (IF REQUIRED)

3.3 INSTALLATION
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A. Comply with built-up roofing manufacturer's written instructions, as submitted and reviewed by Architect during the submittal process, for installing roof insulation.

B. (Wood Roof Decks Only) Install one lapped rosin sheet course and mechanically fasten to substrate according to built-up roofing manufacturer's written instructions and as called for in these specifications and on the drawings.

C. Insulation Cant Strips: Install and secure preformed 45-degree insulation cant strips at junctures of built-up roofing with vertical surfaces or angle changes greater than 45 degrees.

D. Install tapered insulation under area of roofing to conform to slopes indicated. Install insulation with long joints of insulation in a continuous straight line with end joints staggered between rows, abutting edges and ends between boards. Fill gaps exceeding 1/4 inch with insulation.

1. Cut and fit insulation within 1/4 inch of nailers, projections, and penetrations.

E. Install insulation under area of roofing to achieve required thickness.

Where overall insulation thickness is 2.7 inches or greater, install two or more layers with joints of each succeeding layer staggered from joints of previous layer a minimum of 6 inches in each direction.

F. Trim surface of insulation where necessary at roof drains so completed surface is flush and does not restrict flow of water.

G. Mechanically Fastened and Adhered Insulation: Install first layer of insulation to deck using mechanical fasteners specifically designed and sized for fastening specified board-type roof insulation to deck type.

1. Fasten first layer of insulation to resist uplift pressure at corners, perimeter, and field of the roof.
a. Field: 16 screws per 4 foot by 8 foot panel (2 square feet per screw).
b. Perimeter: 24 screws per 4 foot by 8 foot panel (1.33 square feet per screw).
c. Corners: 32 screws per 4 foot by 8 foot panel (1 square foot per screw).

2. Set each subsequent layer of insulation in insulation adhesive a d h e r e d p e r t h e r o o f i n g s y s t e m m a n u f a c t u r e s recommendations.

H. Install cover boards over insulation with long joints in continuous straight lines with end joints staggered between rows. Offset joints of insulation below a minimum of 6 inches in each direction. Loosely butt cover boards together and adhere in place per manufacturers instructions. Tape joints if required by the roofing manufacturer. 07 22 00-7 - ROOF INSULATION

Walnut CDC Roofing Project 2024 Project No. 24-01
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I. Apply insulation adhesive to underside and immediately bond cover board to substrate.

J. Approved base layer of insulation board shall be fully attached to the deck with an approved mechanical fastening system, (all subsequent layers are to be adhered). As a minimum, the amount of fasteners shall be in accordance with manufacturer’s recommendation ASCE 7-16.

K. Filler pieces of insulation require at least two fasteners per piece if size of insulation is less than four square feet.

L. Spacing pattern of fasteners shall be as per manufacturer’s recommendations to meet the ASCE 7-16 requirements. Placement of any fastener from edge of insulation board shall be a minimum of three inches, and a maximum of six (6) inches.

M. Minimum penetration into deck shall be as recommended by the fastener manufacturer. There is a one (1) inch minimum for metal, wood and structural concrete decks where not specified by the manufacturer. For gypsum and cement-wood fiber decks, penetration shall be determined from pull-out test results with a minimum penetration of one and one-half (1 ½) inches.

N. Gypsum and cementitious wood fiber decks: Where the roof deck is visible from the building interior, the contractor shall ensure no penetration of fasteners through underside of the deck. Any holes or spalling caused by fastener installation shall be repaired by the roofing contractor. Where the new roof system thickness exceeds an amount so that a minimum of 1 ½ of penetration cannot be achieved with an Olympic TB Fastener, or approved equivalent, then (and only then) toggle bolts may be used to secure installation to the deck.

O. Tape joints of insulation as per manufacturer’s requirements.

P. Attachment with Insulation Adhesive Approved by Factory Mutual (FM).

Q. Ensure all surfaces are clean, dry, free of dirt, debris, oils, loose ore embedded gravel, unadhered coatings, deteriorated membrane and other contaminants that may inhibit adhesion.

R. Apply insulation adhesive directly to the substrate using a ribbon pattern with one quarter to one half (1/4-1/2) inch wide beads 12 inches o.c., using either the manual applicator or an automatic applicator, at a rate of one (1) gallon per one hundred (150) square feet per cartridge.

S. Immediately place insulation boards into wet adhesive. Do not slide boards into place. Do not allow the adhesive to skin over before installing insulation boards.

T. Briefly step each board into place to ensure contact with the adhesive.

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Walnut CDC Roofing Project 2024 Project No. 24-01
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from making positive contact with the adhesive. Relief cuts or temporary weights may be required to ensure proper contact.

U. All boards shall be cut and fitted where the roof deck intersects a vertical surface. The boards shall be cut to fit a minimum of one quarter (1/4) inch away from the vertical surface.

V. Tape joints of insulation as per manufacturer’s requirements.

3.4 CLEANING
A. Remove debris and cartons from roof deck. Leave insulation clean and dry, ready to receive roofing membrane.

5. CONSTRUCTION WASTE MANAGEMENT
A. Remove and properly dispose of waste products generated during installation. Comply with requirements of authorities having jurisdiction.

END OF SECTION
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SECTION 07 55 00

MODIFIED KEE MEMBRANE ROOFING

1.GENERAL

1.1. SECTION INCLUDES
A. Includes all labor, materials, and equipment to install a Cold Applied 2-Ply Thermoplastic Hybrid Roof System roof (KEE-Stone FB 60) over the properly prepared substrate.

B. Includes removal and disposal of existing roofing system(s), insulation board, flashings, sheet metal items, copings, etc. for a complete prepared roof surface to receive the new roofing system.

C. Includes a new cold applied 2-ply hybrid roofing system with all accessories as needed for a complete warrantable roofing system.

1.2. RELATED SECTIONS
A. Section 01 30 00 - Submittals
B. Section 06 10 00 - Rough Carpentry
C. Section 07 22 00 - Roof Insulation
D. Section 07 62 00 - Sheet Metal Flashing and Trim

1.3. REFERENCES
A. ASTM C1289 - Standard Specification for Faced Rigid Cellular Polyisocyanurate Thermal Insulation Board.

B. ASTM D 41 - Standard Specification for Asphalt Primer Used in Roofing, Dampproofing, and Waterproofing.

C. ASTM D 312 - Standard Specification for Asphalt used in Roofing.

D. ASTM D 1079 Standard Terminology Relating to Roofing, Waterproofing and Bituminous Materials.

E. ASTM D 1863 Standard Specification for Mineral Aggregate Used as a Protective Coating for Roofing.

F. ASTM D 2822 Standard Specification for Asphalt Roof Cement.

G. ASTM D 5147 Standard Test Method for Sampling and Testing Modified Bituminous Sheet Materials.

H. ASTM D 6754 Standard Specification for Ketone Ethylene Ester (KEE) Sheet Roofing
I. ASTM D 6162 Standard Specification for Styrene Butadiene Styrene (SBS) Modified Bituminous Sheet Materials Using a Combination of Polyester and Glass 07 55 00- MODIFIED MEMBRANE ROOFING

Walnut CDC Roofing Project 2024 Project No. 24-01
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Fiber Reinforcements.

J. ASTM D 6163 Standard Specification for Styrene Butadiene Styrene (SBS) Modified Bituminous Sheet Materials Using Glass Fiber Reinforcements.

K. ASTM D 6164 - Standard Specification for Styrene Butadiene Styrene (SBS) Modified Bituminous Sheet Materials Using Polyester Reinforcements.

L. ASTM E 108 - Standard Test Methods for Fire Test of Roof Coverings M. Factory Mutual Research (FM): Roof Assembly Classifications.

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

O. Sheet Metal and Air Conditioning Contractors National Association, Inc. (SMACNA) - Architectural Sheet Metal Manual.

P. Underwriters Laboratories, Inc. (UL): Fire Hazard Classifications.

Q. Warnock Hersey (WH): Fire Hazard Classifications.

R. ANSI-SPRI ES-1 Wind Design Standard for Edge Systems used with Low Slope Roofing Systems.

S. ASCE 7-16, Minimum Design Loads for Buildings and Other Structures T. UL - Fire Resistance Directory.

U. FM Approvals - Roof Coverings and/or RoofNav assembly database.

V. California Title 24 Energy Efficient Standards.

W. California Code of Regulations, Title 24, Part 2, California Building Code (CBC), International Building Code.

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. III

3. Importance Factor of:
a. 1.0

4. Wind Speed: 100 mph
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5. Exposure Category:
a. C

6. Design Roof Height: 50 feet.

7. Minimum Building Width: 30 feet.

8. Roof Pitch: 0.5 :12.

9. Roof Area Design Uplift Pressure:
a. Zone 1 - Field of roof 14.3 psf
b. Zone 2 - Eaves, ridges, hips and rakes 24 psf
c. Zone 3 - Corners 36 psf

2. Snow Load: N/A psf.

3. Live Load: 20 psf, or not to exceed original building design.

4. Dead Load:
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. Miami-Dade County:
a. Self-Adhered Membrane Systems Over:

1. Wood Decks N.O.A.
b. Torch and Mop Membrane Systems Over

1. 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.

2. Cool Roof Rating Council:
a. CRRC Directory: CRRC 0700-0034

3. International Code Council Evaluation Service (ICC-ES):
a. Membrane Systems

1. ESR-3460

4. FM Approvals:
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, 07 55 00- MODIFIED MEMBRANE ROOFING

Walnut CDC Roofing Project 2024 Project No. 24-01
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flashing, fastening, insulation and vapor barrier, including notation of roof slopes, tapered insulation design if applicable, 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. Report shall be reviewed by a Professional Engineer registered in the State of the Project who has provided roof system attachment analysis for not less than 5 consecutive years.

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. Provide written certification from the roofing system manufacturer certifying the applicator is currently authorized to install the specified roof system and ability to provide the specified warranty.

I. Sample Warranty: Provide an unexecuted copy of the warranty specified for this project clearly stating the terms required of the owner, contractor, and manufacturer.

J. Manufacturer's Certificates: Provide to certify products meet or exceed specified requirements.

K. Test Reports: Submit test reports, prepared by an independent testing agency, for all modified bituminous sheet roofing, indicating compliance with ASTM D5147.

L. Manufacturer's Fire Compliance Certificate: Certify that the roof system furnished is approved by Factory Mutual (FM), Underwriters 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.

M. Closeout Submittals: Provide manufacturer's maintenance instructions that include recommendations for periodic inspection and maintenance of all completed roofing work. Provide product warranty executed by the 07 55 00- MODIFIED MEMBRANE ROOFING

Walnut CDC Roofing Project 2024 Project No. 24-01
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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.

N. Any material submitted as equal to or better than 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 stamp will be rejected for non-conformance.

1.6. QUALITY ASSURANCE
A. Perform Work in accordance with NRCA Roofing and Waterproofing Manual and all manufacturer’s instructions.

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. Coordinate with installation of associated flashings and counterflashings installed by other sections.

B. Preinstallation Meeting:

1. Convene two weeks before starting work of this section. Meet at Project site with Installer, installer of each component of associated work, installers of deck or substrate construction to receive roofing work, installers of rooftop units and other work in the around roofing that must precede or follow roofing work (including mechanical work if any), Architect/Owner, roofing system manufacturer's representative, and other representatives directly concerned with performance of the Work, including (where applicable) Owner's insurers, test agencies, and governing authorities. Objectives to include:

2. Review preparation and installation procedures and coordinating and scheduling required with related work.
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a. Review methods and procedures related to roofing work. b. Review structural loading limitations of new deck.
c. Review roofing systems requirements (drawings, specifications, and other contract documents).
d. Review required submittals, both completed and yet to be completed. e. Review and finalize construction schedule related to roofing work and verify availability of materials, Installer's personnel, equipment, and facilities needed to make progress and avoid delays.
f. Review required inspection, testing, certifying, and material usage accounting procedures.
g. Review weather and forecasted weather conditions and procedures for coping with unfavorable conditions, including provision of temporary roofing over occupied spaces.
h. Record discussion of conference, including decisions and agreements (or disagreements) reached, and 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.
i. Review notification procedures for weather or non-working days.

C. Sequence installation of roofing with related units of work specified in other sections to ensure that roof assemblies, including roof accessories, flashing, trim, and joint sealers, are protected against damage from effects of weather, corrosion, and adjacent construction activity.

B. 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 Owner and 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.

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.
07 55 00- MODIFIED MEMBRANE ROOFING

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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.

B. Do not apply roofing membrane to damp or frozen deck surface or when 40% chance of precipitation is expected or occurring.

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

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

1.11.WARRANTY
A. Special Warranty: Manufacturer's No Dollar Limit Warranty, Manufacturer agrees to repair or replace components of roofing system that fail in materials or workmanship within specified warranty period.

1. Special warranty includes membrane roofing, base flashing, roof insulation, fasteners, cover boards, substrate boards, vapor retarders (where included) , and walkway product.

2. Warranty Period: 30 years from date of Substantial Completion.

3. Must cover calculated wind speed.

B. Special Project Warranty: Submit roofing Installer's warranty, on warranty form at end of this Section, signed by Installer, covering the Work of this Section, including all components of roofing system such as membrane roofing, base flashing, roof insulation, fasteners, cover boards, substrate boards, vapor retarders (where included) , and walkway products, for the following warranty period:

1. Correct defective Work within a five (5) year period after Date of Substantial Completion.

2.PRODUCTS

2.1. MANUFACTURERS
A. Acceptable Manufacturer: The Garland Company, Inc.; 3800 E. 91st St., Cleveland, OH 44105. Local Representative: Rich Jones Phone: (559) 647-1196. [email protected] Web Site: www.garlandco.com.

B. Requests for substitutions will not be considered for this project.

C. The Products specified are intended and the Standard of Quality for the products 07 55 00- MODIFIED MEMBRANE ROOFING

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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 ROOF SYSTEM
A. Insulation: As specified in Section 07220 and shown on Drawings.

1. Insulation assembly; taper or constant thickness as indicated on Drawings.

Where tapered insulation is indicated, provide slopes as indicated, and as required to ensure positive drainage and minimum slope at valleys of 1/4 inch in 12 inches.

B. Insulation: As specified in Section 07220 and shown on Drawings;

1. One layer of ½” woodfiber insulation board
C. Base (Ply) Sheet: One ply bonded to the prepared substrate with Interply Adhesive (1):

1. Flexbase 80 Base Sheet (80 mil):

D. Interply Adhesive (1):

1. Green Lock Plus Membrane Adhesive:

E. Thermoplastic Sheet: One ply bonded to the prepared substrate with Interply Adhesive (2):

1. KEE Stone FB 60:
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Walnut CDC Roofing Project 2024 Project No. 24-01
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F. Interply Adhesive (2):

1. KEE-Lock Spatter Spray:

G. Base & Wall Flashing (Ply) Sheet: One ply bonded to the prepared substrate with Interply Adhesive (3).

1. Flexbase 80 Base Sheet (80 mil)
H. Flashing Membrane Adhesive: Adhesive (3)

1. Green Lock Plus Flashing Adhesive
I. Flashing Membrane Sheet: One ply bonded to the prepared substrate with Adhesive (4):

1. KEE-Stone NF 60:

J. Flashing Membrane Adhesive: Adhesive (4)

1. KEE-Lock WB Flashing Adhesive

2.3. ACCESSORIES:

A. Roof Insulation Thermal Value (R), nominal as indicated on drawings and as follows: Provide insulation of thickness required to develop drainage patterns as indicated, as required to eliminate ponding and to meet thermal requirements noted on drawings.

B. Roof Insulation Field Layer: Provide and install one layer of ½” six side primed Blue Ridge Structodek High Density Fiberboard Roof Insulation. ASTM C 208, Type II.

C. Vapor Retarder: Red Rosin Paper; Install layer rosin sheet shingled uniformly to achieve one ply over the entire prepared substrate. Shingle in direction of slope of roof to shed water on each area of roof.

1. Red Rosin Paper by WR Meadows
a. Weight – 12 lb./roll
b. Size – 500 square feet p/roll
c. 36” wide by 167’ long
D. Nails and Fasteners: Non-ferrous metal or galvanized steel, except that hard copper nails shall be used with copper; aluminum or stainless steel nails shall be used with aluminum; and stainless steel nails shall be used with stainless steel, Fasteners shall be self-clinching type of penetrating type as recommended by the deck manufacturer. Fasten nails and fasteners flush-driven through flat metal discs not less than 1 inch (25 mm) diameter. Omit metal discs when one-piece composite nails or fasteners with heads not less than 1 inch (25 mm) diameter are used.

E. Walkway Pads - As recommended and furnished by the membrane manufacturer adhered to control foot traffic on roof top surface and provide a durable system compliant non-slip walkway.

1. SolarBright Walkway Roll by WPG, A Garland Company.
a. 30” x 60’ walk way roll
b. Install walk way pads in a path from all roof access points to and around all HVAC and serviceable mechanical equipment, to and around roof hatches, and as designated by the owner.
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c. Walkway Pads shall not be installed over field seams or flashing seams of the membrane.

F. Urethane Sealant Hybrid - Tuff-Stuff MS: One part, non-sag sealant as approved and furnished by the membrane manufacturer for moving joints.

1. Tensile Strength, ASTM D 412: 250 psi

2. Elongation, ASTM D 412: 450%

3. Hardness, Shore A ASTM C 920: 35

4. Adhesion-in-Peel, ASTM C 92: 30 pli
G. Sealant - Green-Lock Structural Adhesive: Single component, 100% solids structural adhesive as furnished and recommended by the membrane manufacturer.

1. Elongation, ASTM D 412: 300%

2. Hardness, Shore A, ASTM C 920: 50

3. Shear Strength, ASTM D 1002: 300 psi
H. Butyl Tape: 100% solids, asbestos free and compressive tape designed to seal as recommended and furnished by the membrane manufacturer.

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

2.4. EDGE TREATMENT AND ROOF PENETRATION FLASHINGS
A. Pre-Manufactured Edge Metal Finishes:

1. Exposed and unexposed surfaces for mill finish flashing, fascia, and coping cap, as shipped from the mill

2. Exposed surfaces for coated panels:
a. Steel Finishes: fluorocarbon finish. Epoxy primer baked both sides, .2-.25 mils thickness as approved by finish coat manufacturer.

Weathering finish as referred by National Coil Coaters Association (NCCA). Provided with the following properties.

1. Pencil Hardness: ASTM D3363, HB-H / NCCA II-2.

2. Bend: ASTM D-4145, O-T / NCCA II-19

3. Cross-Hatch Adhesion: ASTM D3359, no loss of adhesion

4. Gloss (60 deg. angle): ASTM D523, 25+/-5%

5. Reverse Bend: ASTM D2794, no cracking or loss of adhesion

6. Nominal Thickness: ASTM D1005
a. Primer: 0.2 mils
b. Topcoat, 0.7 mils min
c. Clear Coat (optional, only used with 22 ga. steel) 0.3 mils

7. Color: Provide as specified. (Subject to minimum quantities) B. Flashing Boot - SolarBright Flashing Boot: KEE pipe boot for sealing single or multiple pipe penetrations adhered in approved adhesives as recommended and furnished by the membrane manufacturer.

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

D. Pitch pans, Rain Collar 24 gauge stainless or 20oz (567gram) copper. All joints should be welded/soldered watertight. See details for design. 07 55 00- MODIFIED MEMBRANE ROOFING

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E. Drain Flashings should be 4lb (1.8kg) sheet lead formed and rolled.

F. Plumbing stacks are too have SolarBright Flashing Boots. Caulking and banding will be required with the specified sealant.

G. Liquid Flashing - Tuff-Flash: An asphaltic-polyurethane, low odor, liquid flashing material designed for specialized details unable to be waterproofed with typical modified membrane flashings.

1. Tensile Strength, ASTM D 412: 400 psi

2. Elongation, ASTM D 412: 300%

3. Density @77 deg. F 8.5 lb/gal typical
H. Fabricated Flashings: Fabricated flashings and trim are specified in Section 07620.

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

I. Manufactured Roof Specialties: Shop fabricated copings, fascia, gravel stops, control joints, expansion joints, joint covers and related flashings and trim are specified in Section 07.

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

3.EXECUTION

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

B. 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.
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Walnut CDC Roofing Project 2024 Project No. 24-01
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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.

B. Wood Deck:

1. Dimensional wood deck shall be minimum 1 inch (25 mm) thick, knotholes and cracks larger than 1/4 inch shall be covered with sheet metal. All boards shall be appropriately nailed and have adequate end bearing to the centers of beams/rafters. Lumber shall be kiln dried.

2. Plywood shall be a minimum 15/32 inch (11.9 mm) thick and conform to the standards and installation requirements of the American Plywood Association (APA).

3. If no roof insulation is specified, provide a suitable dry sheathing paper, followed by an approved base sheet nailed appropriately for the specified roof system, with 1 inch (25 mm) diameter caps and annular nails unless otherwise required by the applicable Code or Approval agency.

4. Insulation is to be mechanically attached in accordance with the insulation manufacturer's recommendations unless otherwise required by the applicable Code.

5. In all retrofit roof applications, it is required that deck be inspected for defects. Any defects are to be corrected per the deck manufacturer's recommendations and standards of the APA/Engineered Wood Association prior to new roof application.

6. Light metal wall ties or other structural metal exposed on top of the wood deck shall be covered with one ply of a heavy roofing sheet, such as HPR Glasbase Base Sheet, extending 2 inches to 6 inches (51 mm to 152 mm) beyond the metal in all directions. Nail in place before applying the base ply.

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 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 07 55 00- MODIFIED MEMBRANE ROOFING

Walnut CDC Roofing Project 2024 Project No. 24-01
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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. INSULATION INSTALLATION:

A. Attachment of Insulation:

1. Mechanically fasten base layers of insulation to deck in accordance with roofing manufacturer's wind uplift calculation.
a. Use fastener type and fastening pattern as required to achieve wind resistance specified.

2. Embed tapered insulation, crickets and cover board as specified in 07220 Roof Insulation and in accordance with roofing and insulation manufacturers' instructions.

3. Cover board shall be installed as specified in Section 07220 Roof Insulation.

B. Provide insulation with joints staggered minimum 6 inch from joints of proceeding layer.

C. Place tapered insulation to the required slope pattern in accordance with manufacturer's instructions.

D. Lay boards with edges in moderate contact without forcing. Cut insulation to fit neatly to perimeter blocking and around penetrations through roof.

E. At roof drains, use factory-tapered boards to slope down to roof drains over a distance of 18 inches.

G. Do not apply more insulation than can be covered with membrane in same day.

3.5. INSTALLATION OF 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 07 55 00- MODIFIED MEMBRANE ROOFING

Walnut CDC Roofing Project 2024 Project No. 24-01
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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 KEE membrane.

8. Thermoplastic Cap Ply: Allow the membrane to relax before installing.

Install in interply adhesive applied at the rate required by the manufacturer. Shingle sheets uniformly over the prepared substrate to achieve the number of plies specified. Shingle in proper direction to shed water on each large area of roofing.

9. All field seams exceeding 10 feet in length shall be welded with an approved automatic welder.

10. All field seams must be clean and dry prior to initiating any field welding.

Remove foreign materials from the seams (dirt, oils, etc.) with acetone or authorized alternative. Use CLEAN WHITE COTTON cloths and allow approximately five minutes for solvents to dissipate before initiating the automatic welder. Do not use denim or synthetic rags for cleaning.

11. Contaminated areas within a membrane seam will inhibit proper welding and will require a membrane patch or strip.

12. All welding shall be performed only by qualified personnel to ensure the quality and continuity of the weld. The lap or seam area of the membrane may be intermittently tack welded to hold the membrane in place.

13. The back interior edge of the membrane shall be welded first, with a thin, continuous weld to concentrate heat along the exterior edge of the lap during the final welding pass.

14. Follow local code requirements for electric supply, grounding and surge protection. The use of a dedicated, portable generator is highly recommended to ensure a consistent electrical supply, without fluctuations that can interfere with weld consistency.

15. Properly welded seams shall utilize a 1.5 inch wide nozzle, to create a homogeneous weld, a minimum of 1.5 inches in width.

B. 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.

C. 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.

D. Metal Work: Provide metal flashings, counter flashings, parapet coping caps and 07 55 00- MODIFIED MEMBRANE ROOFING

Walnut CDC Roofing Project 2024 Project No. 24-01
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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.

E. 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.

F. 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 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. Coordinate counter flashing, cap flashings, expansion joints and similar work with modified bitumen roofing work as specified.

6. Coordinate roof accessories, miscellaneous sheet metal accessory items, including piping vents and other devices with the roofing system work.

7. 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.

G. 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.

H. Roof Walkways: Provide walkways in areas indicated on the Drawings or at a minimum;
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a. Install walk way pads in a path from all roof access points to and around all HVAC and serviceable mechanical equipment, to and around roof hatches, and as designated by the owner.

3.6. INSTALLATION EDGE TREATMENT AND ROOF PENETRATION FLASHING A. Fabricated Flashings: Fabricated flashings and trim are provided as specified in Section 07620.

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

B. Metal Edge:

1. Inspect the nailers to assure proper attachment and configuration.

2. Run one ply over the edge. Assure coverage of all wood nailers. Fasten plies with ring shank nails at 8 inches (203 mm) o.c.

3. Install continuous cleat and fasten at 6 inches (152 mm) o.c.

4. Install new Clad Metal edge hooked to continuous cleat. Fasten flange to wood nailers every 3 inches (76 mm) o.c. staggered.

5. Strip in flange with KEE Stripping Membrane with 6 inches (152 mm) on to the field of roof. Assure ply laps do not coincide with metal laps.

C. Roof Edge With Gutter:

1. Inspect the nailer to assure proper attachment and configuration. Increase slope at metal edge by additional degree of slope in first board.

2. Run one ply over the edge. Assure coverage of all wood nailers. Fasten plies with ring shank nails at 8 inches (203 mm) o.c.

3. Install gutter and strapping.

4. Install continuous cleat and fasten at 6 inches (152 mm) o.c.

5. Install new Clad Metal metal edge hooked to continuous cleat and Fasten flange to wood nailer every 3 inches (76 mm) o.c. staggered.

6. Strip in flange with KEE Membrane Stripping ply covering entire flange.

Assure ply laps do not coincide with metal laps.

D. Scupper Through Wall (Overflow):

1. Inspect the nailer to assure proper attachment and configuration.

2. Run one ply over nailer up the overflow, into the scupper hole and up flashing as in typical wall flashing detail. Assure coverage of all wood nailers.

3. Install scupper box in a 1/4 inch (6 mm) bed of mastic. Assure all box seams are soldered and have a minimum 4 inch (101 mm) flange. Make sure all corners are closed and soldered.

4. Fasten flange of scupper box every 3 inches (76 mm) o.c. staggered.

5. Strip in flange scupper box with KEE Stripping ply covering entire area with 6 inch (152 mm) overlap on to the field of the roof and wall flashing.

E. Coping Cap:

1. Minimum flashing height is 8 inches (203 mm) above finished roof height.

Maximum flashing height is 24 inches (609 mm).

2. Set cant in bitumen. Run all field plies over cant a minimum of 2 inches (50 mm).

3. Attach tapered board to top of wall.

4. Install base flashing ply covering entire wall and wrapped over top of wall 07 55 00- MODIFIED MEMBRANE ROOFING

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and down face with 6 inches (152 mm) on to field of roof and set in cold adhesive. Nail membrane at 8 inches (203 mm) o.c.

5. Install continuous cleat and fasten at 6 inches (152 mm) o.c. to outside wall.

6. Install new metal coping cap hooked to continuous cleat.

7. Fasten inside cap 24 inches (609 mm) o.c. with approved fasteners and neoprene washers through slotted holes, which allow for expansion and contraction.

F. Surface Mounted Counterflashing:

1. Minimum flashing height is 8 inches (203 mm) above finished roof height.

Maximum flashing height is 24 inches (609 mm). Prime vertical wall at a rate of 100 square feet per gallon and allow to dry.

2. Set cant in bitumen. Run all field plies over cant a minimum of 2 inches (50 mm).

3. Install base flashing ply covering wall set in bitumen with 6 inches (152 mm) on to field of the roof.

4. Install KEE Membrane ply in adhesive over the base flashing ply, 9 inches (228 mm) on to the field of the roof.

5. Apply butyl tape to wall behind flashing. Secure termination bar through flashing, butyl tape and into wall. Alternatively use caulk to replace the butyl tape.

6. Secure counterflashing set on butyl tape above flashing at 8 inches (203 mm) o.c. and caulk top of counterflashing.

G. Curb Detail/Air Handling Station:

1. Minimum curb height is 8 inches (203 mm) above finished roof height. Set cant in bitumen. Run all field plies over cant a minimum of 2 inches (50 mm).

2. Install base flashing ply covering curb set in bitumen with 6 inches (152 mm) on to field of the roof.

3. Install a KEE Membrane ply in adhesive over the base flashing ply, 9 inches (228 mm) on to the field of the roof.

4. Install pre-manufactured counterflashing with fasteners and neoprene washers or per manufacturer's recommendations.

5. Set equipment on neoprene pad and fasten as required by equipment manufacturer.

H. Roof Drain:

1. Plug drain to prevent debris from entering plumbing.

2. Taper insulation to drain minimum of 24 inches (609 mm) from center of drain.

3. Install base flashing ply (40 inch square minimum) in bitumen.

4. Set lead/copper flashing (30 inch square minimum) in 1/4 inch (6 mm) bed of mastic. Run lead/copper into drain a minimum of 2 inches (50 mm).

Prime lead/copper at a rate of 100 square feet per gallon and allow to dry.

5. Run roof system plies over drain. Cut out plies inside drain bowl.

6. Install modified membrane (48 inch square minimum) in bitumen.

7. Install clamping ring and assure that all plies are under the clamping ring.

8. Remove drain plug and install strainer.

I. Plumbing Stack:

1. Minimum stack height is 12 inches (609 mm).

2. Run roof system over the entire surface of the roof. Seal the base of the 07 55 00- MODIFIED MEMBRANE ROOFING

Walnut CDC Roofing Project 2024 Project No. 24-01
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stack with elastomeric sealant.

3. Set lead/copper flashing in 1/4 inch (6 mm) bed of mastic.

4. Caulk the intersection of the membrane with elastomeric sealant.

5. Install KEE Membrane Boot, clamp and seal the top with urethane sealant.

J. Heat Stack:

1. Minimum stack height is 12 inches (609 mm).

2. Run roof system over the entire surface of the roof. Seal the base of the stack with elastomeric sealant.

3. Prime flange of new sleeve. Install properly sized sleeves set in 1/4 inch (6 mm) bed of roof cement.

4. Install base flashing ply in bitumen.

5. Install modified membrane in bitumen.

6. Caulk the intersection of the membrane with elastomeric sealant.

7. Install new collar over cape. Weld collar or install stainless steel draw brand.

3.7. 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.

3.8. 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.

3.9. FIELD QUALITY CONTROL
A. Inspection: Provide manufacturer's field observations at start-up and two (2) days per week through project 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 representative employed fulltime 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 representative indicating procedures followed, weather conditions and any discrepancies found during inspection.
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4. Provide a final report from the representative, certifying that the roofing system has been satisfactorily installed according to the project specifications, approved details and good general roofing practice.

3.10.SCHEDULES
A. Base (Ply) Sheet: Flexbase 80 Base Sheet (80 mil): 80 mil SBS (StyreneButadiene-Styrene) rubber modified roofing membrane reinforced with a fiberglass scrim, performance requirements according to ASTM D 6163. 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. 50mm/min. @ 23 +/- 2 deg. C MD 8.75 kN/m XD 8.75 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. 50mm/min. @ 23 +/- 2 deg. C MD 444.8 N XD 444.8 N
c. Elongation at Maximum Tensile, ASTM D 5147

1. 2 in/min. @ 73.4 +/- 3.6 deg. F MD 7.0 % XD 7.0 %

2. 50mm/min@ 23 +/- 2 deg. C MD 7.0 % XD 7.0 %
d. Low Temperature Flexibility, ASTM D 5147, Passes -30 deg. F (-28.8 deg. C)
B. Thermoplastic/Modified Cap (Ply) Sheet:

1. KEE-Stone FB 60: 60 mil thermoplastic, ketone ethylene ester (KEE) roofing membrane with polyester scrim. ASTM D6754
a. Breaking Strength, ASTM D 751, Proc. B, strip

1. 375 lbf. (1,668 N)
b. Tear Strength ASTM D 751

1. 120 lbf. min. (534 N)
c. Elongation at Break (%), ASTM D 751, Proc. B, Strip

1. 40.0%
C. Interply Adhesive’s:

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 11.4 lbs./gal. (1.36 g/m3)
c. Viscosity Brookfield 20,000-50,000 cPs.
d. Flash Point ASTM D 93 400 deg. F min. (232 deg. C)
e. Slope: up to 3:12

2. Flashing Ply Adhesive: Green-Lock Plus Flashing Adhesive: Cold applied solvent free flashing adhesive: zero V.O.C.
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) G

3. KEE-Lock Spatter Spray: Dual component, single bead (spatter applied) urethane insulation/membrane adhesive.
a. Tensile Strength (ASTM D 412) 250 psi
b. Density (ASTM D 1875) 8.5 lbs./gal.
c. Viscosity (ASTM D 2556) 22,000 - 60,000 cP
d. Peel Strength (ASTM D 903) 17 lb./in.
e. Flexibility (ASTM D 816) Pass @ -70 deg. F (-56.7 deg. C) 07 55 00- MODIFIED MEMBRANE ROOFING

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4. Flashing Ply Adhesive: KEE-Lock WB Bonding Adhesive: Contact bonding adhesive specifically designed for bonding KEE membranes and flashings to vertical substrates.
a. Coverage: 1 - 1.5 gal per sq both sides
b. Color: Blue
c. VOC: 0 g/l
D. Surfacing:

1. Flashing Membrane Sheet:

2. KEE-Stone NF 60 Flashing

1. Breaking Strength: 375

2. Tear Strength: 145 x 200

3. Color: White

4. Thickness: 60 mil

3.10 ROOFING INSTALLER'S WARRANTY
A. WHEREAS _______________________________ of
___________________________, herein called the "Roofing Installer," has performed roofing and associated work ("work") on the following project:

1. Owner: __________________.

2. Address: _________________.

3. Building Name/Type: _________________.

4. Address: ________________.

5. Area of Work: _____________________.

6. Acceptance Date: _________________.

7. Warranty Period: Five Years.

8. Expiration Date: __________________.

B. AND WHEREAS Roofing Installer has contracted (either directly with Owner or indirectly as a subcontractor) to warrant said work against leaks and faulty or defective materials and workmanship for designated Warranty Period, C. NOW THEREFORE Roofing Installer hereby warrants, subject to terms and conditions herein set forth, that during Warranty Period he will, at his own cost and expense, make or cause to be made such repairs to or replacements of said work as are necessary to correct faulty and defective work and as are necessary to maintain said work in a watertight condition.

D. This Warranty is made subject to the following terms and conditions:

1. Specifically excluded from this Warranty are damages to work and other parts of the building, and to building contents, caused by:
a. lightning;
b. peak gust wind speed exceeding 120 MPH;
c. fire;
d. failure of roofing system substrate, including cracking, settlement, excessive deflection, deterioration, and decomposition; e. faulty construction of parapet walls, copings, chimneys, skylights, vents, equipment supports, and other edge conditions and penetrations of the work;
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f. vapor condensation on bottom of roofing; and
g. activity on roofing by others, including construction contractors, maintenance personnel, other persons, and animals, whether authorized or unauthorized by Owner.

2. When work has been damaged by any of foregoing causes, Warranty shall be null and void until such damage has been repaired by Roofing Installer and until cost and expense thereof have been paid by Owner or by another responsible party so designated.

3. Roofing Installer is responsible for damage to work covered by this Warranty but is not liable for consequential damages to building or building contents resulting from leaks or faults or defects of work.

4. During Warranty Period, if Owner allows alteration of work by anyone other than Roofing Installer, including cutting, patching, and maintenance in connection with penetrations, attachment of other work, and positioning of anything on roof, this Warranty shall become null and void on date of said alterations, but only to the extent said alterations affect work covered by this Warranty. If Owner engages Roofing Installer to perform said alterations, Warranty shall not become null and void unless Roofing Installer, before starting said work, shall have notified Owner in writing, showing reasonable cause for claim, that said alterations would likely damage or deteriorate work, thereby reasonably justifying a limitation or termination of this Warranty.

5. During Warranty Period, if original use of roof is changed and it becomes used for, but was not originally specified for, a promenade, work deck, spray-cooled surface, flooded basin, or other use or service more severe than originally specified, this Warranty shall become null and void on date of said change, but only to the extent said change affects work covered by this Warranty.

6. Owner shall promptly notify Roofing Installer of observed, known, or suspected leaks, defects, or deterioration and shall afford reasonable opportunity for Roofing Installer to inspect work and to examine evidence of such leaks, defects, or deterioration.

7. This Warranty is recognized to be the only warranty of Roofing Installer on said work and shall not operate to restrict or cut off Owner from other remedies and resources lawfully available to Owner in cases of roofing failure.

Specifically, this Warranty shall not operate to relieve Roofing Installer of responsibility for performance of original work according to requirements of the Contract Documents, regardless of whether Contract was a contract directly with Owner or a subcontract with Owner's General Contractor.

E. IN WITNESS THEREOF, this instrument has been duly executed this ___________ day of ___________________, ________________.

1. Authorized Signature: _______________________________________.

2. Name: ______________________________________.

3. Title: _______________________________________.

END OF SECTION
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SECTION 07 62 00

SHEET METAL FLASHING AND TRIM

1.GENERAL

1. RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section.

2. SUMMARY
A. Section Includes:

1. Manufactured through-wall flashing with counterflashing

2. Formed low-slope roof sheet metal fabrications.

3. Formed wall, coping, and soffit sheet metal fabrications.

4. Formed equipment support flashing

5. Surface mounted counter flashing

6. Manufactured reglets and counter flashing

7. Edge metal / gravel stop and cleat flashing

8. Gutters & Downspouts
B. Related Requirements:

1. Division 06 "Rough Carpentry" for wood nailers, curbs, and blocking.

2. Division 07 “Membrane Roofing” for materials and installation of sheet metal flashing and trim integral with roofing.

3. Division 07 “Metal Roofing” for materials and installation of sheet metal flashing and trim integral with roofing.

4. Division 07 "Roof Accessories" for set-on-type curbs, equipment supports, roof hatches, vents, and other manufactured roof accessory units.

3. COORDINATION
A. Coordinate sheet metal flashing and trim layout and seams with sizes and locations of penetrations to be flashed, and joints and seams in adjacent materials.

B. Coordinate sheet metal flashing and trim installation with adjoining roofing and wall materials, joints, and seams to provide leak proof, secure, and noncorrosive installation.

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4. PREINSTALLATION MEETINGS
A. Pre Installation Conference: Conduct conference at Project site.

1. Review construction schedule. Verify availability of materials, Installer's personnel, equipment, and facilities needed to make progress and avoid delays.

2. Review special roof details, roof drainage, roof-penetration flashing, equipment curbs, and condition of other construction that affect sheet metal flashing and trim.

3. Review requirements for insurance and certificates if applicable.

4. Review sheet metal flashing observation and repair procedures after flashing installation.

5. SUBMITTALS
A. Product Data: For each type of product.

1. Include construction details, material descriptions, dimensions of individual components and profiles, and finishes for each manufactured product and accessory.

B. Shop Drawings: For sheet metal flashing and trim.

1. Include plans, elevations, sections, and attachment details.

2. Detail fabrication and installation layouts, expansion-joint locations, and keyed details. Distinguish between shop- and field-assembled work.

3. Include identification of material, thickness, weight, and finish for each item and location in Project.

4. Include details for forming, including profiles, shapes, seams, and dimensions.

5. Include details for joining, supporting, and securing, including layout and spacing of fasteners, cleats, clips, and other attachments. Include pattern of seams.

6. Include details of termination points and assemblies.

7. Include details of expansion joints and expansion-joint covers, including showing direction of expansion and contraction from fixed points.

8. Include details of roof-penetration flashing.

9. Include details of edge conditions, including eaves, ridges, valleys, rakes, crickets, and counter flashings as applicable.

10. Include details of special conditions.

11. Include details of connections to adjoining work.

12. Detail formed flashing and trim at scale of not less than 3 inches per 12 inches
C. Samples for Initial Selection: For each type of sheet metal and accessory indicated with factory-applied finishes.

D. Samples for Verification: For each type of exposed finish.

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1. Sheet Metal Flashing: 12 inches (300 mm) long by actual width of unit, including finished seam and in required profile. Include fasteners, cleats, clips, closures, and other attachments.

2. Trim, Metal Closures, Expansion Joints, Joint Intersections, and Miscellaneous Fabrications: 12 inches (300 mm) long and in required profile. Include fasteners and other exposed accessories.

6. INFORMATIONAL SUBMITTALS
A. Qualification Data: For fabricator.

B. Product Certificates: For each type of coping and roof edge flashing that is ANSI SPRI ES-1 tested.

C. Product Test Reports: For each product, for tests performed by a qualified testing agency.

D. Sample Warranty: For special warranty.

7. CLOSEOUT SUBMITTALS
A. Maintenance Data: For sheet metal flashing and trim, and its accessories, to include in maintenance manuals.

8. QUALITY ASSURANCE
A. Fabricator Qualifications: Employs skilled workers who custom fabricate sheet metal flashing and trim similar to that required for this Project and whose products have a record of successful in-service performance.

1. For copings and roof edge flashings that are SPRI ES-1 tested, shop shall be listed as able to fabricate required details as tested and approved.

9. DELIVERY, STORAGE, AND HANDLING
A. Do not store sheet metal flashing and trim materials in contact with other materials that might cause staining, denting, or other surface damage. Store sheet metal flashing and trim materials away from uncured concrete and masonry.

B. Protect strippable protective covering on sheet metal flashing and trim from exposure to sunlight and high humidity, except to extent necessary for period of sheet metal flashing and trim installation.

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10. WARRANTY
A. Owner shall receive one (1) 30 Year No Dollar Limit warranty from manufacturer of roofing materials covering all of the following criteria.

Multiple warranties are not acceptable.

1. Pre-finished metal material shall require a written twenty (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 D2244 or chalking excess of 8 units per ASTM D659. If either occurs material shall be replaced per warranty, at no cost to the Owner.

2. Changes: Changes or alterations in the edge metal system without prior written consent from the manufacturer shall render the system unacceptable for a warranty.

3. Warranty shall commence on date of substantial completion or final payment, whichever is agreed by contract.

4. The Contractor shall provide the Owner with a notarized written warranty assuring that all sheet metal work including caulking and fasteners to be watertight and secure for a period of two 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.

5. Installing roofing contractor shall be responsible for the installation of the edge metal system in general accordance with the membrane manufacturer's recommendations.

6. Installing contractor shall certify that the edge metal system has been installed per the manufacturer's printed details and specifications.

7. One manufacturer shall provide a 30 Year No Dollar Limit Warranty as a single warranty for all accessory metal for flashings, metal edges and copings, along with the warranty for metal roof areas, membrane roof areas, and any transitions between two different material types.

2.PRODUCTS

1. PERFORMANCE REQUIREMENTS
A. General: Sheet metal flashing and trim assemblies shall withstand wind loads, structural movement, thermally induced movement, and exposure to weather without failure due to defective manufacture, fabrication, installation, or other defects in construction. Completed sheet metal flashing and trim shall not rattle, leak, or loosen, and shall remain watertight.

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B. Sheet Metal Standard for Flashing and Trim: Comply with NRCA's "The NRCA Roofing Manual" and SMACNA's "Architectural Sheet Metal Manual" requirements for dimensions and profiles shown unless more stringent requirements are indicated.

C. Sheet Metal Standard for Copper: Comply with CDA's "Copper in Architecture Handbook." Conform to dimensions and profiles shown unless more stringent requirements are indicated.

D. SPRI Wind Design Standard: Manufacture and install roof edge flashings tested according to SPRI ES-1 and capable of resisting the following design pressure:

1. Design Pressure: As indicated on Drawings.

E. Thermal Movements: Allow for thermal movements from ambient and surface temperature changes to prevent buckling, opening of joints, overstressing of components, failure of joint sealants, failure of connections, and other detrimental effects. Base calculations on surface temperatures of materials due to both solar heat gain and nighttime-sky heat loss.

1. Temperature Change: 120 deg F (67 deg C), ambient; 180 deg F (100 deg C), material surfaces.

2. COPING
A. The design is based upon roofing systems engineered and manufactured by the Garland Company:

The Garland Company, Inc.

Rich Jones
Telephone: 559-647-1196
Email: [email protected]

1. General: Product designations for the materials used in this section shall be based on performance characteristics of the R-MER Edge System manufactured by the Garland Company, Cleveland, OH, and shall form the basis of the contract documents.

2. R-Mer Edge Fascia or Extruded Fascia Continuous Cant a. Zinc-coated steel, ASTM A653, coating designation G-90, in thickness of 0.0299 nom./ 22 gauge, 36" to 48" by coil length, chemically treated, commercial or lock-forming quality.

3. R-Mer Edge Coping Chairs
a. Zinc-coated steel, ASTM A653, coating designation G-90, in thickness of 0.0635 nom./ 16 gauge, 36" to 48" by coil length, chemically treated, commercial or lock-forming quality.

4. R-Mer Edge Fascia/drip edge
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a. Zinc-coated steel, ASTM A653, coating designation G-90, in thickness of 22 gauge, 36" to 48" by coil length, chemically treated, commercial or lock-forming quality.

5. R-Mer Edge Coping
a. Zinc-coated steel, ASTM A653, coating designation G-90, in thickness of 22 gauge 36" to 48" by coil length, chemically treated, commercial or lock-forming quality.

3. SHEET METALS
A. General: Protect mechanical and other finishes on exposed surfaces from damage by applying strippable, temporary protective film before shipping.

B. Metallic-Coated Steel Sheet: Provide zinc-coated (galvanized) steel sheet according to ASTM A 653/A 653M, G90 (Z275) coating designation; prepainted by coil-coating process to comply with ASTM A 755/A 755M.

1. Surface: Smooth, flat and with manufacturer's standard clear acrylic coating on both sides.

2. Exposed Coil-Coated Finish:
a. Two-Coat Fluoropolymer: AAMA 621. Fluoropolymer finish containing not less than 70 percent PVDF resin by weight in both color coat and clear topcoat. Prepare, pretreat, and apply coating to exposed metal surfaces to comply with coating and resin manufacturers' written instructions.

3. Color: Match Architect's sample

4. Concealed Finish: Pretreat with manufacturer's standard white or lightcolored acrylic or polyester backer finish, consisting of prime coat and wash coat with minimum total dry film thickness of 0.5 mil (0.013 mm).

4. UNDERLAYMENT MATERIALS
A. Self-Adhering, High-Temperature Sheet: Minimum 45 mils thick, consisting of a slip-resistant polyethylene- or polypropylene-film top surface laminated to a layer of butyl- or SBS-modified asphalt adhesive, with release-paper backing; specifically designed to withstand high metal temperatures beneath metal roofing. Provide primer according to written recommendations of underlayment manufacturer.

1. The Garland Company Inc., 3800 E. 91st Street Cleveland OH 44105; R-Mer Seal self-adhering underlayment. Local Representative: Richard Jones (559) 647-1196 [email protected]

2. Thermal Stability: ASTM D 1970; stable after testing at 240 deg F or higher.

3. Low-Temperature Flexibility: ASTM D 1970; passes after testing at minus 20 deg F or lower.

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B. Slip Sheet: Rosin-sized building paper, 3 lb/100 sq. ft. minimum.

5. MISCELLANEOUS MATERIALS
A. General: Provide materials and types of fasteners, solder, protective coatings, sealants, and other miscellaneous items as required for complete sheet metal flashing and trim installation and as recommended by manufacturer of primary sheet metal unless otherwise indicated.

B. Fasteners: Wood screws, annular threaded nails, self-tapping screws, selflocking rivets and bolts, and other suitable fasteners designed to withstand design loads and recommended by manufacturer of primary sheet metal or manufactured item.

1. General: Blind fasteners or self-drilling screws, gasketed, with hexwasher head. a. Exposed Fasteners: Heads matching color of sheet metal using plastic caps or factory-applied coating. Provide metal-backed EPDM or PVC sealing washers under heads of exposed fasteners bearing on weather side of metal.
b. Blind Fasteners: High-strength aluminum or stainless-steel rivets suitable for metal being fastened.
c. Spikes and Ferrules: Same material as gutter; with spike with ferrule matching internal gutter width.

2. Fasteners for Zinc-Tin Alloy-Coated Stainless-Steel Sheet: Series 300 stainless steel.

C. Solder:

1. For Zinc-Coated (Galvanized) Steel: ASTM B 32, Grade Sn50, 50 percent tin and 50 percent lead or Grade Sn60, 60 percent tin and 40 percent lead with maximum lead content of 0.2 percent.

D. Sealant Tape: Pressure-sensitive, 100 percent solids, polyisobutylene compound sealant tape with release-paper backing. Provide permanently elastic, nonsag, nontoxic, nonstaining tape 1/2 inch wide and 1/8 inch thick.

E. Elastomeric Sealant: ASTM C 920, elastomeric polyurethane polymer sealant; of type, grade, class, and use classifications required to seal joints in sheet metal flashing and trim and remain watertight.

F. Butyl Sealant: ASTM C 1311, single-component, solvent-release butyl rubber sealant; polyisobutylene plasticized; heavy bodied for hooked-type expansion joints with limited movement.

G. Bituminous Coating: Cold-applied asphalt emulsion according to ASTM D 1187.

H. Asphalt Roofing Cement: ASTM D 4586, asbestos free, of consistency required for application.

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6. FABRICATION, GENERAL
A. General: Custom fabricate sheet metal flashing and trim to comply with details shown and recommendations in cited sheet metal standard that apply to design, dimensions, geometry, metal thickness, and other characteristics of item required. Fabricate sheet metal flashing and trim in shop to greatest extent possible.

1. Fabricate sheet metal flashing and trim in thickness or weight needed to comply with performance requirements, but not less than that specified for each application and metal.

2. Obtain field measurements for accurate fit before shop fabrication.

3. Form sheet metal flashing and trim to fit substrates without excessive oil canning, buckling, and tool marks; true to line, levels, and slopes; and with exposed edges folded back to form hems.

4. Conceal fasteners and expansion provisions where possible. Do not use exposed fasteners on faces exposed to view.

B. Fabrication Tolerances: Fabricate sheet metal flashing and trim that is capable of installation to a tolerance of 1/4 inch in 20 feet on slope and location lines indicated on Drawings and within 1/8-inch offset of adjoining faces and of alignment of matching profiles.

C. Expansion Provisions: Form metal for thermal expansion of exposed flashing and trim.

1. Form expansion joints of intermeshing hooked flanges, not less than 1 inch deep, filled with butyl sealant concealed within joints.

2. Use lapped expansion joints only where indicated on Drawings.

D. Sealant Joints: Where movable, non expansion-type joints are required, form metal to provide for proper installation of elastomeric sealant according to cited sheet metal standard.

E. Fabricate cleats and attachment devices from same material as accessory being anchored or from compatible, noncorrosive metal.

F. Seams: Fabricate nonmoving seams with flat-lock seams. Form seams and seal with elastomeric sealant unless otherwise recommended by sealant manufacturer for intended use.

G. Do not use graphite pencils to mark metal surfaces.

7. ROOF-DRAINAGE SHEET METAL FABRICATIONS
A. Hanging Gutters: Fabricate to cross section required, complete with end pieces, outlet tubes, and other accessories as required. Fabricate in minimum 96-inch- long sections. Furnish flat-stock gutter brackets and flatstock gutter spacers and straps fabricated from same metal as gutters, of size recommended by cited sheet metal standard but with thickness not less than dimension indicated on Drawings. Fabricate expansion joints, SECTION 076200 – SHEET METAL FLASHING / TRIM
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expansion-joint covers, gutter bead reinforcing bars, and gutter accessories from same metal as gutters. Shop fabricate interior and exterior corners.

1. Gutter Profile: Style B according to cited sheet metal standard.

2. Expansion Joints: Butt type with cover plate.

3. Accessories: Continuous, removable leaf screen with sheet metal frame and hardware cloth screen.

4. Gutters with Girth up to 15 Inches: Fabricate from the following materials:
a. Galvanized Steel: 22 gauge thickness.

B. Downspouts: Fabricate downspouts per plans and details or per size per CA plumbing code. Fabricate from the following materials unless otherwise shown on drawings.

1. Galvanized Steel: 22 gauge thickness.

C. Conductor Heads: Fabricate conductor heads with flanged back and stiffened top edge and of dimensions and shape required, complete with outlet tubes, exterior flange trim, and built-in overflows. Fabricate from the following materials:

1. Galvanized Steel: 22 gauge thickness.

8. WALL SHEET METAL FABRICATIONS
A. Through-Wall Flashing: Fabricate continuous flashings in minimum 96-inchlong, but not exceeding 12-foot long, sections, under copings, and at shelf angles. Fabricate discontinuous lintel, sill, and similar flashings to extend 6 inches beyond each side of wall openings; and form with 2-inch high, end dams. Fabricate from the following materials:

1. Galvanized Steel: 22 gauge thickness.

B. Opening Flashings in Frame Construction: Fabricate head, sill, jamb, and similar flashings to extend 4 inches beyond wall openings. Form head and sill flashing with 2-inch high, end dams. Fabricate from the following materials:

1. Galvanized Steel: 22 gauge thickness.

C. Wall Expansion-Joint Cover: Fabricate from the following materials:

1. Galvanized Steel: 22 gauge thickness.

9. MISCELLANEOUS SHEET METAL FABRICATIONS
A. Equipment Support Flashing: Fabricate from the following materials:

1. Galvanized Steel: 22 gauge thickness.

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B. Overhead-Piping Safety Pans: Fabricate from the following materials:

1. Galvanized Steel: 22 gauge thickness.

3.EXECUTION

1. EXAMINATION
A. Examine substrates, areas, and conditions, with Installer present, for compliance with requirements for installation tolerances, substrate, and other conditions affecting performance of the Work.

1. Verify compliance with requirements for installation tolerances of substrates.

2. Verify that substrate is sound, dry, smooth, clean, sloped for drainage, and securely anchored.

3. Verify that air- or water-resistant barriers have been installed over sheathing or backing substrate to prevent air infiltration or water penetration.

B. Proceed with installation only after unsatisfactory conditions have been corrected.

2. UNDERLAYMENT INSTALLATION
A. Sel f-Adhering Sheet Underlayment: Install sel f-adhering sheet underlayment, wrinkle free. Prime substrate if recommended by underlayment manufacturer. Comply with temperature restrictions of underlayment manufacturer for installation; use primer for installing underlayment at low temperatures. Apply in shingle fashion to shed water, with end laps of not less than 6 inches staggered 24 inches between courses. Overlap side edges not less than 3-1/2 inches. Roll laps and edges with roller. Cover underlayment within 14 days.

B. Apply slip sheet, wrinkle free, directly on substrate before installing sheet metal flashing and trim.

3. INSTALLATION, GENERAL
A. General: Anchor sheet metal flashing and trim and other components of the Work securely in place, with provisions for thermal and structural movement. Use fasteners, solder, protective coatings, separators, sealants, and other miscellaneous items as required to complete sheet metal flashing and trim system.

1. Install sheet metal flashing and trim true to line, levels, and slopes.

Provide uniform, neat seams with minimum exposure of solder, welds, and sealant.

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2. Install sheet metal flashing and trim to fit substrates and to result in watertight performance. Verify shapes and dimensions of surfaces to be covered before fabricating sheet metal.

3. Space cleats not more than 12 inches apart. Attach each cleat with at least two fasteners. Bend tabs over fasteners.

4. Install exposed sheet metal flashing and trim with limited oil canning, and free of buckling and tool marks.

5. Torch cutting of sheet metal flashing and trim is not permitted.

6. Do not use graphite pencils to mark metal surfaces.

B. Metal Protection: Where dissimilar metals contact each other, or where metal contacts pressure-treated wood or other corrosive substrates, protect against galvanic action or corrosion by painting contact surfaces with bituminous coating or by other permanent separation as recommended by sheet metal manufacturer or cited sheet metal standard.

1. Coat concealed side of stainless-steel sheet metal flashing and trim with bituminous coating where flashing and trim contact wood, ferrous metal, or cementitious construction.

2. Underlayment: Where installing sheet metal flashing and trim directly on cementitious or wood substrates, install underlayment and cover with slip sheet.

C. Expansion Provisions: Provide for thermal expansion of exposed flashing and trim. Space movement joints at maximum of 10 feet with no joints within 24 inches of corner or intersection.

1. Form expansion joints of intermeshing hooked flanges, not less than 1 inch deep, filled with sealant concealed within joints.

2. Use lapped expansion joints only where indicated on Drawings.

D. Fasteners: Use fastener sizes that penetrate wood blocking or sheathing not less than 1-1/4 inches for nails and not less than 3/4 inch for wood screws.

E. Conceal fasteners and expansion provisions where possible in exposed work and locate to minimize possibility of leakage. Cover and seal fasteners and anchors as required for a tight installation.

F. Seal joints as required for watertight construction.

1. Use sealant-filled joints unless otherwise indicated. Embed hooked flanges of joint members not less than 1 inch into sealant. Form joints to completely conceal sealant. When ambient temperature at time of installation is between 40 and 70 deg F, set joint members for 50 percent movement each way. Adjust setting proportionately for installation at higher ambient temperatures. Do not install sealant-type joints at temperatures below 40 deg F.

2. Prepare joints and apply sealants to comply with requirements in Section 079200 "Joint Sealants."
G. Soldered Joints: Clean surfaces to be soldered, removing oils and foreign matter. Pre-tin edges of sheets with solder to width of 1-1/2 inches; SECTION 076200 – SHEET METAL FLASHING / TRIM
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Walnut CDC Roofing Project 2024 Project No.24-01
City of Livingston
however, reduce pre-tinning where pre-tinned surface would show in completed Work.

1. Do not solder metallic-coated steel sheet.

2. Do not pre-tin zinc-tin alloy-coated stainless steel.

3. Do not use torches for soldering.

4. Heat surfaces to receive solder, and flow solder into joint. Fill joint completely. Completely remove flux and spatter from exposed surfaces.

5. Stainless-Steel Soldering: Tin edges of uncoated sheets, using solder for stainless steel and acid flux. Promptly remove acid flux residue from metal after tinning and soldering. Comply with solder manufacturer's recommended methods for cleaning and neutralization.

6. Copper Soldering: Tin edges of uncoated sheets, using solder for copper.

7. Copper-Clad Stainless-Steel Soldering: Tin edges of uncoated sheets, using solder for copper-clad stainless steel.

H. Rivets: Rivet joints in zinc where necessary for strength.

4. ROOF-DRAINAGE SYSTEM INSTALLATION
A. General: Install sheet metal roof-drainage items to produce complete roofdrainage system according to cited sheet metal standard unless otherwise indicated. Coordinate installation of roof perimeter flashing with installation of roof-drainage system.

B. Hanging Gutters: Join sections with riveted and soldered joints or joints sealed with sealant as shown and specified on drawings or summary/scope of work. Provide for thermal expansion. Attach gutters at eave or fascia to firmly anchor them in position. Provide end closures and seal watertight with sealant. Slope to downspouts.

1. Fasten gutter spacers to front and back of gutter.

2. Anchor and loosely lock back edge of gutter to continuous cleat, eave or apron flashing.

3. Anchor back of gutter that extends onto roof deck with cleats spaced not more than 24 inches apart.

4. Anchor gutter with gutter brackets and straps spaced not more than 24 inches apart to roof deck, unless otherwise indicated, and loosely lock to front gutter bead.

5. Anchor gutter with spikes and ferrules spaced not more than 24 inches apart.

6. Install gutter with expansion joints at locations indicated, but not exceeding, 50 feet apart. Install expansion-joint caps.

7. Install continuous gutter screens on gutters with noncorrosive fasteners, removable for cleaning gutters.

C. Conductor Heads: Anchor securely to wall, with elevation of conductor head rim at minimum of 1 inch below gutter discharge.

SECTION 076200 – SHEET METAL FLASHING / TRIM
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Walnut CDC Roofing Project 2024 Project No.24-01
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D. Expansion-Joint Covers: Install expansion-joint covers at locations and of configuration indicated. Lap joints minimum of 4 inches in direction of water flow.

5. ROOF FLASHING INSTALLATION
A. General: Install sheet metal flashing and trim to comply with performance requirements, sheet metal manufacturer's written installation instructions, and cited sheet metal standard. Provide concealed fasteners where possible, and set units true to line, levels, and slopes. Install work with laps, joints, and seams that are permanently watertight and weather resistant.

B. Roof Edge Flashing: Anchor to resist uplift and outward forces according to recommendations in FM Global Property Loss Prevention Data Sheet 1-49 for FM Approvals' listing for required windstorm classification. All roof edge flashings are to incorporate a minimum 22 gauge continuous cleat.

C. Copings: Anchor to resist uplift and outward forces according to recommendations in cited sheet metal standard unless otherwise indicated.

1. Interlock exterior bottom edge of coping with continuous cleat anchored to substrate at 24-inch centers.

2. Anchor interior leg of coping with washers and screw fasteners through slotted holes at 24-inch centers.

D. Copings: Anchor to resist uplift and outward forces according to recommendations in FM Global Property Loss Prevention Data Sheet 1-49 for specified FM Approvals' listing for required windstorm classification.

E. Pipe or Post Counterflashing: Install counterflashing umbrella with closefitting collar with top edge flared for elastomeric sealant, extending minimum of 4 inches over base flashing. Install stainless-steel draw band and tighten.

F. Counterflashing: Coordinate installation of counterflashing with installation of base flashing. Insert counterflashing in reglets or receivers and fit tightly to base flashing. Extend counterflashing 4 inches over base flashing. Lap counterflashing joints minimum of 4 inches. Secure in waterproof manner by means of interlocking folded seam or blind rivets and sealant, anchor and washer at 36-inch centers unless otherwise indicated.

G. Roof-Penetration Flashing: Coordinate installation of roof-penetration flashing with installation of roofing and other items penetrating roof. Seal with elastomeric sealant and clamp flashing to pipes that penetrate roof.

6. WALL FLASHING INSTALLATION
A. General: Install sheet metal wall flashing to intercept and exclude penetrating moisture according to cited sheet metal standard unless otherwise indicated. Coordinate installation of wall flashing with installation of wall-opening components such as windows, doors, and louvers.

SECTION 076200 – SHEET METAL FLASHING / TRIM
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Walnut CDC Roofing Project 2024 Project No.24-01
City of Livingston
B. Through-Wall Flashing: Installation of through-wall flashing is specified in Section 042000 "Unit Masonry."Section092400 "Cement Plastering." C. Opening Flashings in Frame Construction: Install continuous head, sill, jamb, and similar flashings to extend 4 inches beyond wall openings.

7. MISCELLANEOUS FLASHING INSTALLATION
A. Equipment Support Flashing: Coordinate installation of equipment support flashing with installation of roofing and equipment. Weld or seal flashing with elastomeric sealant to equipment support member.

B. Overhead-Piping Safety Pans: Suspend pans from structure above, independent of other overhead items such as equipment, piping, and conduit, unless otherwise indicated on Drawings. Pipe and install drain line to plumbing waste or drainage system.

8. ERECTION TOLERANCES
A. Installation Tolerances: Shim and align sheet metal flashing and trim within installed tolerance of 1/4 inch in 20 feet on slope and location lines indicated on Drawings and within 1/8-inch offset of adjoining faces and of alignment of matching profiles.

B. Installation Tolerances: Shim and align sheet metal flashing and trim within installed tolerances specified in MCA's "Guide Specification for Residential Metal Roofing."

9. CLEANING AND PROTECTION
A. Clean exposed metal surfaces of substances that interfere with uniform oxidation and weathering.

B. Clean and neutralize flux materials. Clean off excess solder.

C. Clean off excess sealants.

D. Remove temporary protective coverings and strippable films as sheet metal flashing and trim are installed unless otherwise indicated in manufacturer's written installation instructions. On completion of sheet metal flashing and trim installation, remove unused materials and clean finished surfaces as recommended by sheet metal flashing and trim manufacturer. Maintain sheet metal flashing and trim in clean condition during construction.

E. Replace sheet metal flashing and trim that have been damaged or that have deteriorated beyond successful repair by finish touchup or similar minor repair procedures.

END OF SECTION 07 62 00
SECTION 076200 – SHEET METAL FLASHING / TRIM
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1. 2.

3. 4.

5. 6.

7. 8.

9. 10.

Date Submitted: 08/19/2024
Proposal #: 25-CA-241023
Existing BUR Roofs to stay in place. Slice any buckles to ensure the substrate is flat for the Wood-Fiber board.

MICPA # PW1925
California General Contractor License #: 1000000134
Scope of Work:

Includes removal and disposal of existing flashings, copings, vertical bur wall flashings, etc. for a complete prepared roof surface at the low slope areas.

Existing metal roof is to stay in place. Install EPS Flute Filler in the field to create a flat substrate for the Wood-Fiber board.

Purchase orders to be made out to: Garland/DBS, Inc.

Please Note: The following budget/estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Racine County, WI and OMNIA Partners, Public Sector (U.S. Communities). The line item pricing breakdown from Attachment C: Bid Form should be viewed as the maximum price an agency will be charged under the agreement. Garland/DBS, Inc. administered an informal competitive process for obtaining quotes for the project with the hopes of providing a lower market-adjusted price whenever possible.

ROOFING MATERIAL AND SERVICES PROPOSAL
City of Livingston
Walnut CDC
2600 Walnut Avenue
Livingston, CA 95334
Install one layer of 1/2” Dens Deck insulation board over the metal wall panels at all vertical walls and curbs.

Install one layer of Stressbase 80 in Greenlock Adhesive at all horizontal and vertical surfaces.

Install one layer of ½” Wood-Fiber insulation board with screws and plates, 16 per 4’x 8’ sheet.

Install KEE Stone FB 60 mil membrane adhered at all horizontal surfaces per manufactures details.

Install KEE Stone NF 60 mil membrane adhered at all vertical surfaces per manufacturers details.

Install new vents at all locations and incorporate into the roof system per manufacturers details.

Install new KEE prefabricated boots at all pipe penetrations.

Garland/DBS, Inc.
3800 East 91st Street
Cleveland, OH 44105
Phone: (800) 762-8225
Fax: (216) 883-2055

DBS

11. 12.

13. 14.

15. 16.

17. 18.

Item # Unit Price Quantity Unit Extended Price

2.06 $ 3.52 1,800 SF $ 6,336.00

4.04 $ 1.58 9,500 SF $ 15,010.00

4.09 $ 2.56 1,800 SF $ 4,608.00

12.02.03 $ 5.87 9,500 SF $ 55,765.00

12.02.05 $ 2.50 9,500 SF $ 23,750.00
Insulation Recovery Board & Insulations Options:

RECOVERY BOARD TYPE
1/2" Wood Fiber or Perlite Board Installed Over an
Existing Roof Mechanically Fastened to Roof Deck -
Wood / Tectum Deck
Insulation Recovery Board & Insulations Options:

RECOVERY BOARD TYPE
1/2" Treated Gypsum Insulation Board with Glass-Mat
(e.g. DensDeck / Securock / Equal) Installed Over an
Existing Roof Mechanically Fastened to Roof Deck -
Metal Deck
2-PLY ROOF SYSTEMS - COMBINATIONS OF A

BASE PLY & A CAP SHEET (TOP PLY)
PLEASE NOTE: BASE PLY & CAP SHEET

COMBINATIONS MUST BE APPROVED BY THE
MANUFACTURER: ROOF CONFIGURATION
1 Ply Modified Base Sheet Adhered in Cold Process
Modified Asphalt: BASE PLY OPTION: ASTM D 6162
SBS Fiberglass/Polyester Reinforced Modified
Bituminous Sheet Material Type III - 310 lbf/in tensile 2-PLY ROOF SYSTEMS - COMBINATIONS OF A

BASE PLY & A CAP SHEET (TOP PLY)
PLEASE NOTE: BASE PLY & CAP SHEET

COMBINATIONS MUST BE APPROVED BY THE
MANUFACTURER: ROOF CONFIGURATION
1 Ply Modified Base Sheet Adhered in Cold Process
Modified Asphalt: INTERPLY ADHESIVE OPTION:

Add/Deduct for Cold Applied Modified Multi-ply
Systems
Substitute Cold Process Adhesive with Alternative
Solvent Free Adhesive
Install equipment support blocking with a 24 gauge sheet metal pan at the fixed pipe support locations.

Install new C-Port or equal rubber blocks at all condensate, electrical, etc. for support blocking. 14.Install KEE walkway pad from the ladder access or roof hatch to and around all HVAC units and under all support blocking.

Apply Unibond to the gutter seams tightly with no fish mouths or bubbles.

Tear-off & Dispose of Debris: SYSTEM TYPE
BUR W/ Insulation and Mineral Surfacing - Wood /
Tectum Deck
Attachment C: Bid Form - Line Item Pricing Breakdown
Item Description
Apply Cool Sil HB in two coat to the gutter section per manufacturers details Install new 24 gauge galvanized sheet metal skirt flashing at all HVAC and roof curbs.

Install new 24 gauge pre-finished coping with 22 gauge cleat at all perimeter walls and where existing sloped to the interior.

Pressure wash all gutter sections and remove all debris from the gutters.

Apply Metal Primer to the entire gutter section per manufacturers details.

12.15.02 $ 16.16 9,500 SF $ 153,520.00

12.15.04 $ 2.28 9,500 SF $ 21,660.00

20.01.07 $ 21.72 1,800 SF $ 39,096.00
$ (4.39) 1,800 SF $ (7,902.00)
$ 7.60 1,800 SF $ 13,680.00

20.01.12 $ 21.72 1,800 SF $ 39,096.00
$ 364,619.00

22.20 20 364,619.00 % $ 72,923.80
$ 437,542.80
Deduct 1 ply of Stress Ply FR Mineral
Add 1 Ply KEE Stone NF 60 Flashings
2-PLY ROOF SYSTEMS - COMBINATIONS OF A

BASE PLY & A CAP SHEET (TOP PLY)
PLEASE NOTE: BASE PLY & CAP SHEET

COMBINATIONS MUST BE APPROVED BY THE
MANUFACTURER: ROOF CONFIGURATION
1 Ply Fleece-Back Polymeric Cap Sheet (Top Ply)
Adhered in Membrane Adhesive with Heat Weld
Seams: POLYMERIC TOP PLY OPTION: ASTM D
6754 - Ketone Ethylene Ester (KEE) - 60 Mil Thickness
2-PLY ROOF SYSTEMS - COMBINATIONS OF A

BASE PLY & A CAP SHEET (TOP PLY)
PLEASE NOTE: BASE PLY & CAP SHEET

COMBINATIONS MUST BE APPROVED BY THE
MANUFACTURER: ROOF CONFIGURATION
1 Ply Fleece-Back Polymeric Cap Sheet (Top Ply)
Adhered in Membrane Adhesive with Heat Weld
Seams: MEMBRANE ADHESIVE OPTION: PER
SQUARE FOOT COST - Cold Applied Fleece-Back
Polymeric Cap Sheet (Top Ply)
Substitute Membrane Adhesive with Solvent-Free
Asphalt Adhesive

NEW FLASHINGS FOR ROOFING SYSTEMS &
RESTORATION OPTIONS: ROOF FLASHINGS FOR
MODIFIED & COAL TAR PITCH ROOF SYSTEMS:

Minimum 1 Ply of Base Flashing and Mineral Cap
Sheet Installed in Hot ASTM D 312 Type III or IV
Asphalt FLASHING OPTION: BASE PLY: SBS
Modified Fiberglass Reinforced Base Flashing Ply w/
Tensile Strength of 200 lbf/in tensile (ASTM D 5147);
TOP PLY: ASTM D 6163 SBS Fiberglass Reinforced
Modified Bituminous Sheet Material Type III - 220 lbf/in tensile
Sub Total Prior to Multipliers
Total After Multipliers

NEW FLASHINGS FOR ROOFING SYSTEMS &
RESTORATION OPTIONS: ROOF FLASHINGS FOR
MODIFIED & COAL TAR PITCH ROOF SYSTEMS:

Minimum 1 Ply of Base Flashing and Mineral Cap
Sheet Installed in Hot ASTM D 312 Type III or IV
Asphalt FLASHING OPTION: BASE PLY: SBS
Modified Polyester/Fiberglass Reinforced Base
Flashing Ply - 300 lbf/in tensile (ASTM D 5147); TOP
PLY: ASTM D 6163 SBS Fiberglass Reinforced
Modified Bituminous Sheet Material Type III - 220 lbf/in tensile
MULTIPLIER - ROOF SIZE IS GREATER THAN 5,000
SF, BUT LESS THAN 10,000 SF
Multiplier is applied when Roof Size is greater than
5,000 SF, but less than 10,000 SF. Situation creates
the fixed costs: equipment, mobilization,
demobilization, disposal, & set-up labor to be allocated across a smaller roof area resulting in fixed costs being a larger portion of the overall job costs

$ 437,543
Proposal Price Based Upon Market Experience: $ 415,825
Waterproofing
Fresno Roofing
Nations Roof
Clarifications/Exclusions:

1. 2.

3. 4.

5. 6.

7. 8.

Respectfully Submitted,
Nathan Parker
Garland/DBS, Inc.
(216) 302-3791
Prevailing Wages are excluded.

Any work not exclusively described in the above proposal scope of work is excluded.

Permits are excluded. If permits are required this will be addressed via change order.

Bonds are excluded.

Plumbing, Mechanical, Electrical work is excluded.

Masonry work is included to which it obtains to the scope of work.

Interior Temporary protection is excluded.
$ 459,427
Base Bid Total Maximum Price of Line Items under the MICPA:

Sales and use taxes are excluded.

Potential issues that could arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers.

Please Note – The construction industry is experiencing unprecedented global pricing and availability pressures for many key building components. Specifically, the roofing industry is currently experiencing long lead times and significant price increases with roofing insulation and roofing fasteners. Therefore, this proposal can only be held for 30 days. DBS greatly values your business, and we are working diligently with our long-term suppliers to minimize price increases and project delays which could effect your project. Thank you for your understanding and cooperation.

Garland/DBS Price Based Upon Local Market Competition:

If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below.

Nathan Parker
$ 415,825
$ 531,961

Project Name/No.: _25-CA-24102_ __ Contract No.: ______________ Project Manager: ________________ Approved: ______________ 01424.0001/923138.1 1

PUBLIC WORKS AGREEMENT

BETWEEN CITY OF LIVINGSTON AND
GARLAND/DBS,INC.

THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this __ day of ____ ___, 2025 by and between the CITY OF LIVINGSTON, a municipal corporation, (“City”) and Garland/DBS, Inc. (“Contractor”). City and Contractor may be referred to, sometimes individually or collectively, as “Party” or “Parties.”

RECITALS
A. The City desires to retain Contractor, on an independent contractor basis, to perform services for public works, as more particularly described below.

B. Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

C. Pursuant to the authority of the City of Livingston Municipal Code and California state law, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.

NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:

AGREEMENT
ARTICLE 1. CONTRACTOR SERVICES

1.1 Scope of Work.

The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements in the Bid Documents for the project entitled Walnut CDC Roofing Project (“Project”). All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in compliance with all local, state, and federal laws and regulations.

As used herein, “Bid Documents” refers to all of the documents included in the solicitation of bids for the Project to the extent applicable or appropriate (it being understood that one or more of such documents may not be applicable in the event a competitive bidding process is not utilized due to existence of emergency or exigent circumstances), including but not limited to, the Notice Inviting Bids, Summary of Work, Instructions to Bidders, Bid or Bid Proposal, General Provisions, Special Provisions, Plans, Drawings, and Addenda, and any other documents included, referenced,

-2- 01424.0001/923138.1
or incorporated therein. The Bid Documents are incorporated into this Agreement. In the event of any conflict between the terms of the Bid Documents and this Agreement, the terms of this Agreement shall govern.

1.2 Incorporation of Greenbook.

The provisions 2018 Edition of the Standard Specifications for Public Works Construction, as updated by errata, (“Greenbook”) are incorporated herein, except as explicitly modified by the Bid Documents. In the event of any conflict between the provisions of the Greenbook and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation. (b) Registration with DIR. Pursuant to Labor Code section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. (c) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on with the City at 1416 C Street, Livingston, CA 95334 and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then Contractor shall pay the higher of either the state for federal prevailing wage applicable to each laborer. (d) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.
(e) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records.

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(f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.

Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(g) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810.
(h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(i) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require 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.”
(j) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor’s compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor’s compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

-4- 01424.0001/923138.1

1.4 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed; (ii) has carefully considered how the services should be performed; and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.

1.6 Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface or latent physical conditions at the site, materially different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids on the project; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the work, shall issue a change order in accordance with this Agreement.
(c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor’s cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

-5- 01424.0001/923138.1

1.7 Unidentified Utilities.

To the extent required by Government Code section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating utility facilities not identified by City in the Bid Documents with reasonable accuracy, and for equipment on the project necessarily idled during such work. Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

1.8 Trench Excavation.

Pursuant to Labor Code section 6705, if this Agreement is for more than $25,000.00 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. This section shall not be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders. This subsection shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid Item, and no additional compensation will be allowed therefor.

1.9 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.10 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming

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materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.11 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Project Manager to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Project Manager prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000.00, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Project Manager. Any greater increases, taken either separately or cumulatively, must be approved by the City Council.

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(c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Contractor’s Bid. If the rates in the Contractor’s Bid do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Project Manager. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: The cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: The cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment costs for the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
(e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.12 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements,” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor’s Bid, attached hereto as Exhibit A and incorporated herein by this

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reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation of Four Hundred Fifteen Thousand, Eight Hundred and TwentyFive Dollars ($415,825.00) for completion of the work.

2.2 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement.

All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the term of the Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

2.3 Payment.

City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.4 Retention.

Pursuant to Section 9203 of the Public Contract Code, City will deduct a five percent (5%) retention from all progress payments, which shall be released to Contractor no later than sixty (60) days from completion of the work in accordance with Section 7107 of the Public Contract Code.

In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.

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2.5 Substitution of Securities.
(a) In conformance with the State of California Public Contract Code, Part 5, Section 22300, Contractor may substitute securities for any monies withheld by the City to ensure performance under this Agreement.
(b) At the request and expense of Contractor, Contractor has the option of establishing an escrow account with a state or federally chartered bank which shall serve as an escrow agent, for Contractor’s direct deposit of securities as a substitute for retention earnings required to be withheld by the City. Upon Contractor’s completion of its obligations hereunder, as evidenced by the City’s acceptance of the work pursuant to Section 3.3 hereof, the escrow agent shall return the securities to Contractor. The escrow agent shall notify the City within ten (10) days after deposit of the securities. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention. Securities shall be held in the name of the City and shall designate Contractor as the beneficial owner. Alternatively, on written request of Contractor, the City shall make payments of the retention earnings directly to the escrow account.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall begin work within five (5) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within Ninety (90) consecutive working days from the date on which the work was started and in accordance with any schedule contained in or required to be provided by the Bid Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply.

3.2 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of Six Hundred and Fifty Dollars ($650.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor. To the extent required by Government Code section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities.

3.3 Inspection and Final Acceptance.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. If City finds that Contractor’s work does not meet the requirements and standards provided in the Bid Document, Contractor shall remedy any defects in the work at Contractor’s sole expense following notice by the City. City shall accept work by a

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timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act on its behalf with respect to the work specified herein and make all decisions in connection therewith:

Richard Jones ____________ Regional Manager _________
(Name) (Title)
Logan Esqueda ___________ Project Manager __________
(Name) (Title)
Evan Clark ______________ Project Manager __________
(Name) (Title)
The Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

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4.3 Project Manager.

The Project Manager shall be Anthony Chavarria or any other person as may be designated by the Project Manager. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City General Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification of City, and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense

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during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000.00 per occurrence, $4,000,000.00 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000.00 combined single limit for each accident. (c) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(d) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site or any staging area. (e) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000.00 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

Products/completed operations coverage shall extend a minimum of three (3) years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly

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excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer.

5.2 General Insurance Requirements.
(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (b) Proof of Insurance. Contractor shall provide certificates of insurance and endorsements to City as evidence of the insurance coverages required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(c) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Contractor, its agents, representatives, employees or subcontractors. (d) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(e) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

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(h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s Right to Revise Specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation.
(o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

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(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
(r) Endorsements.

5.3 Indemnification.

Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers (each, an “Indemnitee”) from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsels fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

Contractor obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

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5.5 Performance, Labor, and Warranty Bonds.

Concurrently with execution of this Agreement, Contractor shall deliver to the City the following bonds:
(a) A performance bond securing the faithful performance of this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1.
(b) A labor and materials bond, securing the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement, in an amount not less than 100% of the total compensation for this Agreement, as stated in Section 2.1. (c) A warranty bond, guaranteeing the Contractor’s warranty under Section 1.9 of this Agreement, in an amount not less than 10% of the total compensation for this Agreement, as stated in Section 2.1.

All bonds shall be on a form approved by the City Clerk. The bonds shall each contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of the Agreement.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better. If the City determines that the work to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the bonds required in Section 5.5 may be changed accordingly upon receipt of written notice from the City.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

In the event of dissolution of Contractor’s business, custody of the books and records may be given

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to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Project Manager.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Project Manager or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions,

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response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Merced, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in the County of Merced, State of California.

7.2 Termination.

This Agreement may be terminated in accordance with Section 6-7 and 6-8 of the 2018 Edition of the Standard Specifications for Public Works Construction (the Greenbook).

7.3 Dispute Resolution Process.

Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims.

The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.

For purposes of these procedures, “claim” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for extra work

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and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.

The following requirements apply to all claims to which this section applies:
(a) Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this section is intended to extend the time limit or supersede notice requirements otherwise provided in the Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon. (b) Supporting Documentation. The Contractor shall submit all claims in the following format:
(i) Summary of the claim, including references to the specific Contract Document provisions upon which the claim is based.
(ii) List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other. (iii) Chronology of events and correspondence related to the claim. (iv) Statement of grounds for the claim.
(v) Analysis of the claim’s cost, if any.
(vi) Analysis of the claim’s time/schedule impact, if any. (c) City’s Response. Upon receipt of a claim pursuant to this section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement. (i) If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion. (ii) Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have

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against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. (iii) The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
(d) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing, unless the parties agree to select a mediator at a later time. (i) If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. (ii) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (iii) Unless otherwise agreed to by the City and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. (iv) All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (f) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this section or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute and adverse finding with regard to

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the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(g) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation.

A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims. (h) Civil Actions for Claims of $375,000.00 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000.00 or less:
(i) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the procedures in this Section.

The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties.

If the parties fail to select a mediator within the 15-day period, either party may petition the court to appoint the mediator.
(ii) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
(iii) Upon stipulation of the parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division.

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(iv) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney's fees of the other party arising out of the trial de novo.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies Are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Unfair Business Practices Claims.

Pursuant to Public Contract Code section 7103.5, in entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

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8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Project Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Provisions Required By Law.

Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either party, the contract shall forthwith be physically amended to make such insertion or correction.

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9.2 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Project Manager (with her/his name and City title), City of Livingston 1416 C Street, Livingston, CA 95334 and in the case of the Contractor, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.3 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.4 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.5 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.6 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.7 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating

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to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Contractor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

9.8 Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
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CITY:

CITY OF LIVINGSTON, a California
Municipal Corporation.
__________________________________
Harpreet Bains, Finance Director/Assistant
City Manager
CONTRACTOR:
________Garland/DBS,Inc.______________
*By: ________________________________
Name: _______________________________
Title: _______________________________
ATTEST:

Monica Cisneros, Deputy City Clerk
*By: _______________________________
Name:______________________________
Title: _______________________________
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Roy C. Santos, City Attorney
Address:
3800 East 91st Street
Cleveland, OH 44105
_____________________________________
_____________________________________
*Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S

SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

01424.0001/923138.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF MERCED
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. □
□
□
□
□
□
□
□
□

01424.0001/923138.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF MERCED
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. □
□
□
□
□
□
□
□
□

01424.0001/923138.1 A-1

EXHIBIT A
CONTRACTOR’S BID
Garland/DBS, Inc.
3800 East 91" Street
Cleveland, OH 44105
Phone: (800) 762-8225
Fax: (216) 883-2055

ROOFING MATERIAL AND SERIJICES PROPOSAL
City of Livingston
Walnut CDC
2600 Walnut Avenue
Livingston, CA 9 5'334
Date Submitted: 08/19/2024
Proposal # : 25.CA-241023
MICPA # PW1925
California General Contractor License #: 1000000134
Purchase orders to be made out to: Garland/OBS, Inc.

DBS
Please Note: The following budgeVestimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasirng Agreement (MICPA) with Racine County, WI and OMNIA Partners, Public Sector (U.S. Communities). The line item pricing breakdown from Attachment C: Bid Form should be viewed as the maximum price an agency wUI be charged under the agreement. Garland/OBS, Inc. administered an informal competitive process for obtaining quotes for the project with the hopes of providing a lower market.adjusted price whenever possible.

Scope of Work:

1. lndudes removal and disposal of existing flashings, oopings, vertical bur wall flashings, etc. for a oomplete prepared roof surface at the low slope areas.

2. Existing metal roof is to stay in place. Install EPS Flute Filler in the field to create a ftat substrate for the Wood-Fiber board.

3. Existing BUR Roofs to stay in place. Slice any buckles to ensure the substrate is flat for the Wood-Fiber board.

4. Install one layer of ½" Wood.Fiber insulation board with screws and plates, 16 per 4'x 8' sheet.

5. Install one layer of 1/2" Dens Deck insulation boa rd over the metal wall panels at all vertical walls and curbs.

6. Install one layer of Stressbase 80 in Greenlock Adhesive at all horizontal and vertical surfaces.

7. Install KEE Stone FB 60 mil membrane adhered at all horizontal surfaces per manufactures details.

8. Install KEE Stone NF 60 mil membrane adhered a t all vertical surfaces per manufacturers details.

9. Install new KEE prefabricated boots at all pipe penetrations.

10. Install new vents at all locations and inoorporate into the roof system per manufacturers details.

01424.0001/923138.1 A-2

11. Install equipment support blocking with a 24 gauge sheet metal pan at the ftxed pipe suppo<1 locations.

12. Install new c.Port or equal rubber blocks at all condensate, electrical, etc. for support blocking. 14.tnstall KEE walkway pad from the ladder access or roof hatch to and around all HVAC units and under all support blocking.

13. Install new 24 gauge galvanized sheet metal skirt flashing at all HVAC and roof curbs.

14. Install new 24 gauge pre-finished coping with 22 gauge deat at all perimeter walls and where existing sloped to the interior.

15. P,essu,e wast·• all yutte1 seeliuns ant.I 1eo 1uve all c.Jet,lis f,u.-11 u·,e y ulle1s.

16. Apply Unibond to the gutter seams tightly with no fish mouths or bubbles.

17. Apply Metal Primer to the entire gutter section per manufacturers details.

18. Apply Cool Sil HB in two coat to the gutter section per manufacturers details Attachment C: Bid Fonn • Line Item Pricing Breakdown
Item # Item Description Unit Price Quantity Unit Extended Price Tear-off & Dispose of Debris: SYSTEM TYPE

2.06 BUR W/ Insulation and Mine-ral Surfacing - Wood /
Tectum Deck s 3.52 1,800 SF $ 6,336.00
Insulation Recovery Board & ln sl.Jations Options:

RECOVERY BOARD TYPE

4.04 112• Wood Fiber or Perlita Board Installed Over an Existing Roof Mechanically Fastened to Roof Deck -
Wood I Tectu.m Deck s 1.58 9,500 SF $ 15,010.00
Insulation Recovery Board & ln sl.Jations Options:

RECOVERY BOARD TYPE

4.09 1/2~ Treated Gypsum Insulation Board with Glass-Mat (e.g. DeosDeck I Securock / Equal) lnsla.Ded Over an
Existing Roof Mechanically Fastened lo Roof Deck -
Metal Deck s 2.56 1,800 SF $ 4,608.00
2-Pl Y ROOF SYSTEMS - COMBINATIONS OF A
BASE PLY & A CAf> SHEET (TOP PLY)
PLEASE NOTE: BASE Pl Y & CAP SHEET

COMBINATIONS MUST BE APPROVED BY THE

12.02.03 MANUFACTURER: ROOF CONFIGURATION
1 Ply Modified Base Sheet Adhered in Cold Process
Modified Asphalt BASE PLY OPTION: ASTM O 6162
SBS Fiberglass/Polyester Reinforced Modified
Bituminous Sheet Material Type Ill - 310 lbflin tensile s 5.87 9,500 SF $ 55,765.00 2-Pl Y ROOF SYSTEMS - COMBINATIONS OF A
BASE PLY & A CAf> SHEET (TOP PLY)
PLEASE NOTE: BASE Pl Y & CAP SHEET

COMBINATIONS MUST BE APPROVED BY THE
MANUFACTURER: ROOF CONFIGURATION

12.02.05 1 Ply Modified Base Sheet Adhered in Cold Process Modified Asphalt INTERPL Y ADHESIVE OPTION:

Add/Deducl for C-okl Applied Modified Multi.ply
Systems
Substitute C-okl Process Adhesive with Alternative
Solvent Free Adhesive s 2.50 9,500 SF $ 23,750.00

01424.0001/923138.1 A-2
2-PL Y ROOF SYSTEMS - COMBINATIONS OF A

BASE PLY & A CAP SHEET (TOP PLY)
PLEASE NOTE: BASE Pl Y & CAP SHEET

COMBINATIONS MUST BE APPROVED BY THE

12.15.02 MANUFACTURER: ROOF CONFIGURATION
1 Ply Fleece-Back Polymert Cap Sheet (Top Ply)
Adhered in Membrane Adhesive with Heat Weld
Seams: POLYMERIC TOP ?l Y OPTION: ASTM D
6754 - Ketone Ethytene Esb r (KEE) - 60 Mil Thickness
s 16.16 9,500 SF $ 153,520.00
2-PL Y ROOF SYSTEMS - COMBINATIONS OF A
BASE PLY 8. I\ CAP SI-IE.ET (TOP PLY)
PLEASE NOTE: BASE Pl Y & CAP SHEET

COMBINATIONS MUST BE APPROVED BY THE
MANUFACTURER: ROOF CONFIGURATION

12.15.04 1 Ply Fleece-Back Polymert Cap Sheet (Top Ply) Adhered in Membrane Adhesive with Heat Weld
Seams: MEA.18RANE ADHESIVE OPTION: PER
SQUARE FOOT COST - C-okl Appl:ied Fleece-Back
Polymeric Cap Sheet (Top Ply)
Substitute Membrane Adhe.Jve with Solvenl-F ree
AsphaU Adhesive s 2.28 9,500 SF $ 21,660.00

NEW FLASHINGS FOR ROOFING SYSTEMS &
RESTORATION OPTIONS: ROOF FLASHINGS FOR
MODIFIED & COAL TAR PrTCH ROOF SYSTEMS:

Minimum 1 Ply of Base Aa~hing and Mineral Cap
Sheet Installed in Hot ASTM O 3 12 Type UI or SV

20.0 1.07 AsphaU FLASHING OPTION: BASE Pl Y: SBS
Modified Fiberglass Reinfort:ed Base Flashing Ply w/
Tensile Strength of 200 lbffn tensile (ASTM D 5147);
TOP PLY: ASTM O 6 163 SBS Fiberglass Reinforced
Modified Bituminous Sheet >.1aterial Type IU - 220 lbf/in tensile s 21.72 1,800 SF $ 39,096.00
Oed uct 1 ply of Stress Ply FR MineraJ s (4.39) 1,800 SF $ (7,902.00) Add 1 Ply KEE Stone NF 60 Flashings s 7.60 1,800 SF $ 13,680.00

NEW FLASHINGS FOR ROOFING SYSTEMS &
RESTORATION OPTIONS: ROOF FLASHINGS FOR
MODIFIED & COAL TAR PrTCH ROOF SYSTEMS:

Minimum 1 Ply of Base Aa~hing and Mineral Cap
Sheet Installed in Hot ASTM O 3 12 Type UI or SV

20.0 1. 12 AsphaU FLASHING OPTION: BASE Pl Y: SBS
Modified Polyester/Fiberglass Reinforced Base
Flashing Ply - 300 lbl/in tensile (ASTM D 5147); TOP
PLY: ASTM 06163 SBSFiberglass ReinfOfced
Modified Bituminous Sheet >.1aterial Type IU - 220 lbf/in tensile s 21.72 1,800 SF $ 39,096.00
Sub Total Prior to MuttipHan $ 3M,S11.00
MUL Tl PLIER - ROOF SIZE IS GREATER THAN 5,000
SF, BUT LESS THAN 10,000 SF
Multiplier is applied when R:x,f Size is greater than

22.20 5,000 SF, but less than 10,000 SF. Situalion cteates the flX.ed costs: equipment, rnobitization.
demobilization, disposal, & set-up labor to be allocated ;1r.~ ,:1 JUT'l;al:IRr rnnf ;i.r- IQ\li:1dtino in fhr,:irl r.n~~ hRin o a larger portion of the overall job costs 20 364,6 19.00 % $ 72,923.80 Total After Multipliers $ 437,542.80

01424.0001/923138.1 A-2
Base Bid Total Maximum Pri ce of Line Items under the MICPA:
sa ·,; U o arke ,;e·
Garland/DBS Price Based Upon Local Market Competition:

Waterproofing~ -----------------'c-- -=4-c- 15~,8='25?" Fresno Roofing $ 531,961
Nations Roof $ 459,427
$
$
Potential issues that oould arise during the construction phase of the project will be addressed via unit pricing for additional work beyond the scope of the specifications. This could range anywhere from wet insulation, to the replacement of deteriorated wood nailers.

Please Note - The construction industry is experiencing unprecedented global pricing and availability pressures for many key building oomponents. Specifically, the roofing industry is currently experiencing kmg lead times and significant price increases with roofing insulation and roofing fasleners. Therefore, this proposal can only be held for 30 days. DBS greatly values your business, and we are working diligently with our long,-term suppliers to minimize price increases and project delays which could effect your project. Thank you for your understanding and cooperation.

Clarifications/Exclusions:

1. Sales and use taxes are excluded.

2. Permits are exduded. If permits are required this will be addressed via change order.

3. Bonds are excluded.

4. Plumbing, Mechanical, Electrical work is excluded.

5. Masonry work is included to which it obtains to the scope of wortc.

6. Interior Temporary protection is excluded.

7. Prevailing Wages are excluded.

8. Any work not exclusively desaibed in the above proposal scope of wortc is excluded.

If you have any questions regarding this proposal, please do not hesitate to call me at my number listed below.

Respectfully Submitted,
Nathan Par1<er
Garland/OBS, Inc.
(216) 302-3791

01424.0001/923138.1 A-2

EXHIBIT B

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
If the Parties wish to revise provisions in the Agreement above (from page 1 through the signature page), then the revisions shall be presented in this Exhibit B, with deletions shown in strike through and additions shown in bold and italics.

Not Applicable

The Garland Company, Inc.

Roof Asset Management Program
Walnut CDC Site Survey Report
Prepared By
Logan Esqueda
Prepared For
Tony Avina & Anthony Chavarria
December 06, 2024
R A M P.

City of
Livingston
California

Table of Contents
City of Livingston / Client Data............................................................................................................................................3 Child Development Center / Facility Summary....................................................................................................................4 Child Development Center / Child Development Center / Construction Details..................................................................5 Child Development Center / Child Development Center / Photo Report: Jan 17, 2023......................................................6 Child Development Center / Child Development Center / Solution: 2025 Replace...........................................................18 Child Development Center / Child Development Center / Solution: 2025 Restore...........................................................19

Client Data CITY OF LIVINGSTON
2238 WALNUT AVE
LIVINGSTON, CALIFORNIA 95334
Client Data
Name City of Livingston
Address 1 2238 Walnut Ave
City Livingston State California
ZIP 95334 Country United States
Contact Info
Contact Person Tony Avina Title Director of Public Works Mobile Phone: - Office Phone: 209 394 8044
Email: [email protected]
Client Data Page 3
8 - ·City of
Livingston ·California

Facility Summary CITY OF LIVINGSTON
2238 WALNUT AVE
LIVINGSTON, CALIFORNIA 95334
FACILITY: Child Development Center
Photo
Facility Data
Address 1 2600 Walnut Avenue
City Livingston
State California
ZIP 95334
Type of Facility School
Square Footage 11,000
Contact Person Tony Avina
Asset Information
Name Date Installed Square Footage Roof Access
Child Development Center 11,000 Internal Roof Hatch
Child Development Center -
Facility Summary Page 4
8

Construction Details CITY OF LIVINGSTON
2238 WALNUT AVE
LIVINGSTON, CALIFORNIA 95334
FACILITY: Child Development Center ROOF SECTION: Child Development Center Information
Year Installed - Square Footage 11,000
Slope Dimension - Eave Height -
Roof Access Internal Roof Hatch System Type Metal
Construction Details Page 5
8

Photo Report CITY OF LIVINGSTON
2238 WALNUT AVE
LIVINGSTON, CALIFORNIA 95334
FACILITY: Child Development
Center
ROOF SECTION: Child Development
Center
TITLE: 2023 Inspection DATE: 01/17/2023
1 Curb height of these units is great. Some
small repairs made at this ridge cap.

Photo Report: Jan 17, 2023 Page 6
8 •

2 These repairs are coatings along the screw
line. Again, the curbs at these units are great
height. The repairs are great for short term
but should not be a long term solution.
3 Photo Report: Jan 17, 2023 Page 7
•

4 5 Moss growing on the tiles. I recommend
cleaning these off or replacing them with
new tile/shingles. Install a high temperature
underlayment to add a second layer of
protection for when a tile breaks.

Photo Report: Jan 17, 2023 Page 8

6 These sheets are cracking. I recommend
replacing this whole roof section with a
completely new modified bitumen system.

The cracks will begin to open and water will
be able to enter into the walls easily.
7 Ponding water in this area. This will create
depressions in the insulation and cover
board and will lead to more sever ponding
water. Since these seams are adhered and
not welded if the adhesive is not perfectly
installed water could leak into the building
here.

Photo Report: Jan 17, 2023 Page 9

8 Cracking in these cap sheets. Excessive sun
will begin to crack these sheets. This gutter
is not draining properly. It could be clogged
with a bunch of dirt and debris or there can
be trash stuffed in there. This downspout
was on the roof and out of place. Not sure if
it is a missing downspout or an extra
downspout.
9 Cracking in the cap sheet. The reason the
cap sheet is cracking is because there is no
reflective coating applied to it. The cap sheet
is soaking in the UV and is causing the roof
to crack. Once the cracks open water will
easily be able to enter the building.

Photo Report: Jan 17, 2023 Page 10

10 This gutter is filled with debris and dirt. With
these being interior gutters if the build up of
dirt stops water from flowing properly the
water can raise to a level that will allow it to
enter underneath the metal panels. This has
happened before when these internal
drains get filled with dirt and debris.
11 Photo Report: Jan 17, 2023 Page 11

12 Curb height looks good. The electrical boxes
are in a poor spot, these will need to be
removed and reinstalled during the roofing
project. The boots into the metal panels are
no longer sealed how they should be and
will definitely leak.
13 All penetrations need to be resealed.

Caulking is a maintenance item that needs
to be taken care of every few years.

Photo Report: Jan 17, 2023 Page 12

14 Repair made to the boot when the boot
began to leak. The boot is black so it
probably started cracking from the sun
beating down on it.
15 This is a poor repair, the black will cause the
white coating to burn out faster opening up
this damaged area even more. This will then
lead to an even bigger leak.

Photo Report: Jan 17, 2023 Page 13

16 These repairs were not made properly. The
pan around these fans were not coated to
prevent leaks.
17 Spray foam repairs that will not last long.

Foam is not waterproof, once the coating
over the foam begins to wear out the foam
will act as a sponge and hold water directly
to the metal and potentially rust the metal
out. This is a terrible area to apply foam
being there is a unit right above it.

Photo Report: Jan 17, 2023 Page 14

18 These tiles have moss grown all over them. I
recommend cleaning these tiles or replacing
them with new shingles/tiles and a new high
temperature self adhering underlayment.
19 Photo Report: Jan 17, 2023 Page 15
•

20 Cracking in the cap sheet. The reason the
cap sheet is cracking is because there is no
reflective coating applied to it. The cap sheet
is soaking in the UV and is causing the roof
to crack. Once the cracks open water will
easily be able to enter the building. All
drains need to be cleaned out and new
tapered crickets need to be installed to
make sure the roof does not hold water.
21 Repairs made on the screw line and around
the unit. These screw line repairs are great.

Although these will not last long this is a
good repair for a few years. These repairs
should be done a few years before doing a
major project to the roof.

Photo Report: Jan 17, 2023 Page 16
•

22 23
Photo Report: Jan 17, 2023 Page 17

Report Data
Report Date 01/18/2023
Title Walnut CDC Roof Replacement
Replace Options
Solution Option: Replace Action Year: 2025
Square Footage: 11,000 Expected Life (Years): 30
Budget: $450,000.00
This roofing assessment was completed on 01-17-23. The purpose of this assessment was to evaluate the existing roof conditions and provide recommendations as well as budget costs for the recommended solutions. The visual roof assessment consisted of walking the subject roof areas and documenting the existing conditions of the surfacing, membrane, flashings, drainage, and other related rooftop components. We also talked to available on site personnel and walked accessible building interiors to document reported leak locations.

Project budget / cost estimates are approximates for budgetary purposes and are based upon current labor and material rates for the geographical location. Roof budget costs are based on the roofing system noted below, manufacturer inspections, and warranties based on the system chosen. Actual project costs will depend on the quality and quantity of materials used, options chosen by the designer and owner, quality and availability of contractors, extent of work performed at one time, and time of year the work is performed.

Flat Roof Options -
Estimated Budget, Reroof Option - $425,000.00 The reroof option includes a complete removal of the existing roofing system, deck inspection, and installation of a 30 year KEE Stone Roof System. KEE Stone is a Two-Ply Modified Membrane fully adhered over a Modified Base Sheet adhered to a cover board in a Low VOC No Smell Adhesive.

Solution Options CITY OF LIVINGSTON
2238 WALNUT AVE
LIVINGSTON, CALIFORNIA 95334
FACILITY: Child Development
Center
ROOF SECTION: Child Development
Center
TITLE: Walnut CDC Roof
Replacement
DATE: 01/18/2023
Solution: 2025 Replace Page 18
8 •

Report Data
Report Date 02/03/2023
Title Walnut CDC Roof Restoration
Restore Options
Solution Option: Restore Action Year: 2025
Square Footage: 11,000 Expected Life (Years): 15
Budget: $225,000.00
This roofing assessment was completed on 01-17-23. The purpose of this assessment was to evaluate the existing roof conditions and provide recommendations as well as budget costs for the recommended solutions. The visual roof assessment consisted of walking the subject roof areas and documenting the existing conditions of the surfacing, membrane, flashings, drainage, and other related rooftop components. We also talked to available on site personnel and walked accessible building interiors to document reported leak locations.

Project budget / cost estimates are approximates for budgetary purposes and are based upon current labor and material rates for the geographical location. Roof budget costs are based on the roofing system noted below, manufacturer inspections, and warranties based on the system chosen. Actual project costs will depend on the quality and quantity of materials used, options chosen by the designer and owner, quality and availability of contractors, extent of work performed at one time, and time of year the work is performed.

Flat Roof Options -
Estimated Budget, Restoration Option - $225,000.00 The restoration option includes a complete cleaning and preparation of the existing roofing system, and installation of a 15 Year Liquitec Fluid Applied Restoration System Solution Options CITY OF LIVINGSTON
2238 WALNUT AVE
LIVINGSTON, CALIFORNIA 95334
FACILITY: Child Development
Center
ROOF SECTION: Child Development
Center
TITLE: Walnut CDC Roof Restoration DATE: 02/03/2023
Solution: 2025 Restore Page 19
8 •

STAFF REPORT
AGENDA ITEM: Consideration of a Resolution Accepting Completion for the East Avenue Pump Station Project, Authoring the Deputy City Clerk to File a Notice of Completion with Merced County; and Authorizing the City Manager to Direct the Assistant City Manager/Finance Director to Make Final Payment of Retention Monies in the Amount of $8,196.60 to be TBS Contractors.

MEETING DATE: March 18, 2025
PREPARED BY: Mario Gouveia, City Engineer
REVIEWED BY: Happy Bains, Finance Director/ Assistant City Manager RECOMMENDATION:

1. Accept the work as complete.

2. Authorize the City Clerk to file a Notice of Completion with Merced County.

3. Authorize the Assistant City Manager/Finance Director to make final payment of retention monies to Pavement Coatings Co. following the expiration of 35 days from the date of recordation of the Notice of Completion.

BACKGROUND AND DISCUSSION:

As part of the City’s 3-year Capital Improvement List, the City Council approved the rehabilitation of the East Avenue Pump Station. The City determined the need to replace an existing aging storm drain pump in order to improve system reliability during storm events and reduce the potential for local flooding to occur.

On July 2, 2024 the City awarded a contract to TBS Contractors in the amount of $160,196.00 and entered into an Agreement on July 12, 2024.

Due to long lead times in the supply chain, the project’s construction phase did not start until January 6, 2025. The major work consisted removing existing storm drain pump and equipment, furnishing and installing new submersible storm drain pump, discharge piping, appurtenances, and electrical upgrades.

During construction one change order in the amount of $3,735.98 was issued to place concrete at the bottom of the wet well to provide a level base to mount the pump and equipment.

The Contractor completed all work and a final inspection has been performed and the work was found to be in compliance with the plans and specifications. Therefore, the work should be accepted as complete and a Notice of Completion filed with Merced County. If no claims are filed within 35 days after recordation, the retention in the amount of $8,196.60 should be paid to TBS Contractors.

FISCAL IMPACT:

Funding for this project was approved for Fiscal Year 2024/2025 Budget and will be expended from the Sewer Capital Funds.

A summart of contract costs are as follows:

PROJECT COST SUMMARY
Original Contract Award $ 160,196.00
Change Order No. 01 $ 3,735.98
Final Construction Cost $ 163,931.98
ATTACHMENTS:

1. Resolution 2025-

2. Notice of Completion

RESOLUTION NO. 2025-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ACCEPTING

COMPLETION FOR THE EAST AVENUE PUMP STATION PROJECT, AUTHORIZING

THE DEPUTY CITY CLERK TO FILE A NOTICE OF COMPLETION WITH MERCED COUNTY; AND AUTHORIZING THE CITY MANAGER TO DIRECT FINANCE

DIRECTOR/ASSISTANT CITY MANAGER TO MAKE FINAL PAYMENT OF RETENTION MONIES IN THE AMOUNT OF $8,196.60 TO TBS CONTRACTORS WHEREAS, the City of Livingston advertised the East Avenue Pump Station Project on May 21, 2024, May 28, 2024, and June 4, 2024; and
WHEREAS, the City of Livingston received and publicly opened bids on June 11, 2024; and
WHEREAS, the City of Livingston awarded a contract to TBS Contractors in the amount of $160,196.00 on July 02, 2024; and
WHEREAS, one change order was issued during the course of the Project, increasing the contract price by $3,735.98, for a total contract amount of $169,931.98; and WHEREAS, TBS Contractors have completed all work; and
WHEREAS, the Public Works Department and City Engineer have completed a final inspection of the Project and recommend the final acceptance; and WHEREAS, upon approval of the final acceptance of the Project by the City Council, the City Clerk will file a Notice of Completion with Merced County and the Assistant City Manager/Finance Director will release the retention monies due to the Contractor 35 days after the recording date.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Livingston as follows:

Section 1. Adopts a Resolution accepting the East Avenue Pump Station Project as complete.

Section 2. Authorizes the Deputy City Clerk to file a Notice of Completion with Merced County.

Section 3. Authorizes the City Manager to Direct the Assistant City Manager/Finance Director to make a final payment of retention monies in the amount of $8,196.60 to TBS Contractors 35 days after the recording date.

Section 4. This Resolution will become effective immediately.

I hereby certify that the foregoing Resolution No. 2025- is a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 18th day of March, 2025, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Jose A. Moran, Mayor
of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk
Of the City of Livingston

APPROVED AS TO LEGAL FORM
________________________
Roy C. Santos, City Attorney

RECORDING REQUESTED BY:

City Clerk
City of Livingston
WHEN RECORDED RETURN TO:

City of Livingston
1416 “C” Street
Livingston, CA 95334

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN:

1. That the interest of estate stated in paragraph 3 below in the real property hereinafter described is owned by the following:

NAME STREET AND NO. CITY STATE
City of Livingston 1416 “C” Street Livingston California (if more than one owner of the interest stated, the name and address of each must be inserted)

2. That the full name and address of the owner of said interest or estate, if there is only one owner, and the full names and addresses of all the co-owners who own said interest or estate as joint tenants, as tenants in common or otherwise, if there is more than one owner, are set forth in the preceding paragraph.

3. That the nature of the title of said owner, or if more than one, then of said owner and co-owner is: In Fee.

4. That on the 29th day of January, 2025 a work of improvement on the real property hereinafter described was completed.

5. That the name of the original contractor, if any for such work of improvement was:

TBS Contractors
(If no contractor for work of improvement as a whole, insert “No Contractor”)

6. That the real property herein referred to is situated in the City of Livingston, County of Merced, State of California, and is described as follows:

Rehabilitation of the East Avenue Pump Station in the City of Livingston I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

March 18, 2025 By:

Date Signature of Owner
Happy Bains, Assistant City Manager/Finance Director
City of Livingston
Print Name

VERIFICATION
I understand, state:

I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed at Livingston, California City of Livingston
This 18th day of March, 2025. Owner
By:

Happy Bains, Assistant City Manager/Finance Director
City of Livingston