Los Alamitos City Council
October 23, 2023

1781470.2
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy.

Primary Coverage
For any claims related to this contract, the Foundation’s insurance coverage shall be primary and non-contributory as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Foundation’s Insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
The Foundation hereby grants to City a waiver of any right to subrogation which any insurer of said Foundation may acquire against the City by virtue of the payment of any loss under such insurance. Foundation agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. Any and all deductibles and SIRs shall be the sole responsibility of the Foundation who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
The Foundation shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements.

4. Party Representatives.

4.1. Representative of City. The City Manager is hereby designated as being the representative of the City for the purposes of this Agreement and is hereby authorized to act on behalf of the City with respect to the work, services, responsibilities, and obligations specified herein and make all decisions in connection herewith. The City Manager shall have the right to designate another person to act as City's representative by providing written notice to Foundation.

1781470.2

4.2. Representative of Foundation. The President of the Foundation is hereby designated as being the representative of the Foundation for the purposes of this Agreement, and is hereby authorized to act on behalf of the Foundation with respect to the work, services, responsibilities, and obligations specified herein and make all decisions in connection herewith.

4.3. Prohibition against Subcontracting or Assignment. FOUNDATION shall not contract with any other entity to perform in whole or in part its responsibilities or obligations hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

5. Miscellaneous.

5.1. Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Foundation, its agents or employees, perform the services or obligations required herein. Foundation shall perform all such services and obligations as an independent contractor consistent with that role. Foundation shall not at any time or in any manner represent that it or any of its agents or employees are agent or employees of City.

5.2. Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Foundation, 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 Foundation or to its successor, or for breach of any obligation of the terms of this Agreement.

5.3. Conflict of Interest. 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 their financial interest or the financial interest of any corporation, partnership or association in which they are directly or indirectly, interested, in violation of any State statute or regulation.

The Foundation warrants that it is not paid or given and will not pay or give any third party any money or other consideration for obtaining the Agreement.

5.4. Non-employment status. It is understood and agreed by the Parties that the Foundation, while engaged in operation of the programs and activities described herein, is and shall act as an independent contractor and is not an officer, agent or employee of the City; and offices, employees and agents of the Foundation are not entitled to any of the benefits of City employees.

5.5. Notices. Unless otherwise notified in writing, notices shall be addressed as follows:

To City: City Manager

1781470.2
City of Los Alamitos
3191 Katella Ave.

Los Alamitos, CA 90720
To Foundation:

President
Los Alamitos Community Foundation
3191 Katella Ave.

Los Alamitos, CA 90720

5.6. 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.

5.7. Entire Agreement; Amendments in Writing. This Agreement constitutes the entire agreement between the Parties and is intended as an integrated agreement, superseding all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

5.8. 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 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 shall be interpreted to carry out the intent of the Parties hereunder.

5.9. Waiver. No delay or omission in the exercise of any right or remedy by nondefaulting party on any default shall impair such right or remedy or be construed as a waiver.

A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. 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.

5.10. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for which he/she is executing this Agreement is duly authorized and existing, (ii) he/she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he/she is signing, (iii) by so executing this Agreement, the Party for which he/she is signing 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 the Party for which he/she is signing is bound.

1781470.2
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
“City”
City of Los Alamitos
By:_______________________________
Tanya Doby
Mayor
APPROVED AS TO FORM.

Woodruff & Smart, APC
By:__________________________________
Michael S. Daudt
City Attorney
ATTEST:

By:_______________________________
Windmera Quintanar, MMC
City Clerk
“Foundation”
Los Alamitos Community Foundation
By:_______________________________
John Delavigne
President

1 1793447.1

CITY OF LOS ALAMITOS/LOS ALAMITOS SENIOR CLUB

COMMUNITY CENTER USE AGREEMENT
This AGREEMENT (“Agreement”) is entered into this 23rd day of October, 2023 between the CITY of LOS ALAMITOS (the “City”) and the LOS ALAMITOS SENIORS (“Senior Club”). The City and Senior Club are sometimes hereinafter individually referred to as “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, it is the mission of both the City and Senior Club to provide recreational and social programs and services for the senior citizens of the community;
B. WHEREAS, the City presently has a facility known as the Los Alamitos Community Center (“Community Center”) located at 10911 Oak Street Los Alamitos, CA, 90720 which consists of various multi-purpose rooms, kitchens, meeting rooms, storage areas and office space; C. WHEREAS, the Parties desire to work cooperatively to utilize designated portions of the Community Center to provide recreational and social programs and services for the senior citizens in the community, pursuant to the terms and conditions of this Agreement and subject to all rules and restrictions relating to the use of the Community Center;
D. WHEREAS, the Parties agree that the senior citizens served by the Community Center will benefit by a clear delineation of the Parties’ respective functions and responsibilities; and E. WHEREAS, the Parties agree that the primary objective of the Agreement is to provide programs, services, activities and events that satisfy the needs and desires of senior citizens of the community.

AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the Parties hereto agree as follows:

1. RECITALS; TERM OF AGREEMENT

1.1 The recitals set forth above are hereby incorporated within this Agreement.

1.2 This Agreement shall be in full force and effect from the date set forth above (“Effective Date”) until terminated by one or both of the parties. The Agreement shall remain in effect from the Effective Date and will automatically renew each year until either party terminates the Agreement. Either Party may terminate the Agreement at any time, with or without cause, by giving the other party at least thirty (30) days written notice if with cause or ninety (90) days written notice if without cause. If termination is based on the City’s right to terminate pursuant to Section 3 below, City may terminate the Agreement immediately.

2. SENIOR CLUB USE OF COMMUNITY CENTER

2.1 The City designates certain areas within the Community Center that may be used by Senior Club during designated days and times for designated activities (the “Regular Use Schedule”), as set forth in Exhibit “A”.

2.2 Any request by Senior Club to use the Community Center outside the Regular Use Schedule will be reviewed on a case by case basis and will require City Recreation & Community Services staff approval.

2.3 The City reserves the right to cancel, change or postpone any Senior Club event falling within the Regular Use Schedule or otherwise approved by the City pursuant to subsection 2.2. However, every effort will be made to adhere to the Regular Use Schedule or relocate events to another room in the Community Center or other facility over which the City has control.

2 1793447.1

2.4 The City designates certain storage locations within Community Center (“Senior Club Storage Areas”) for the use of the Senior Club, as set forth in Exhibit “B.”

3. DISCRIMINATION, HARASSMENT, AND BEHAVIOR POLICIES

3.1 Senior Club understands that any unlawful discrimination (as described in this Section and in Sections

3.2 and 3.3 below and attachments to this Agreement referenced therein) against any person by Senior Club personnel in its use of the Community Center on the basis of race, color, national origin, disability, ancestry, religion, sex (including pregnancy, childbirth or related medical or mental condition), marital status, legally protected medical condition, veteran status, age, sexual orientation or other legally protected class or status will not be tolerated by the City and shall constitute a material breach of this Agreement.

3.2 Harassment for any discriminatory reason, such as race, color, sex, sexual orientation, pregnancy or related medical condition, age, physical or mental disability, national origin, marital status, religion or any other basis protected by state or federal laws is strictly prohibited at the Community Center. Senior Club, its officers, directors, agents, employees, members and volunteers are expected to avoid questionable or borderline conduct that could constitute harassment. Forms of harassment include, but are not limited to, the following:

3.2.1 Verbal: innuendoes, epithets, stereotyped characterizations, derogatory slurs, off-color jokes, propositions, threats or suggestive or insulting sounds;

3.2.2 Visual/Non-verbal: derogatory posters, cartoons or drawings; suggestive objects or pictures; derogatory written materials or commentaries; leering or obscene gestures;

3.2.3 Physical: unwanted physical contact including touching or interference with an individual’s normal movement; and

3.2.4 Threatening retaliation as a result of a negative response to harassment.

3.3 Senior Club has the primary responsibility to ensure that its officers, directors, agents, employees, participants, members and volunteers comply with the Community Center’s anti-harassment and antidiscrimination policies. Senior Club shall also work to uphold the Senior Club’s and City’s general behavior policies and guidelines as set forth in Exhibits “D” hereto and utilize these polices to foster positive relations between the City staff and members and volunteers of the Senior Club. In particular "the law provides a clear distinction between the rights of a business to refuse service based on conduct as opposed to personal characteristics and the misconduct of disruptive behavior of particular individuals may be grounds for refusing to do business with them or denying them services." Senior Club’s failure to enforce these policies shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of this Agreement.

4. CITY RESPONSIBILITIES
The City shall:

4.1 Provide staff direction, as available, for the primary setup for the rooms for authorized events or activities, as properly requested by the Senior Club pursuant to subsection 5.2.

4.2 Publish a “senior newsletter” on a Quarterly schedule. Space will be reserved, at no cost, for the Senior Club to list additional information and activities in the Los Alamitos Recreation and Community Services Recreation Brochure (space to be approved by Director of Recreation & Community Services). Any inserts will be at the sole cost of the Senior Club. Senior Club agrees to pay whatever additional expenses are required or associated with the addition of any inserts.

3 1793447.1

4.3 Pay for utility cost, and maintenance cost, incurred through the operation of the rooms utilized by Senior Club, except for any damage caused or contributed by Senior Club or any guest or invitee of Senior Club.

Senior Club agrees to pay whatever expenses are required to restore the Community Center, or any property of such facility, or any part of the rented facility, to the same condition as prior to when Senior Club utilized the facility.

4.4 Assist with producing flyers on an as needed basis

4.5 Provide access to copy machine through staff request and discretion.

4.6 Assist with purchasing replacement equipment and supplies as needed and requested utilizing Senior Club funds.

4.7 Assist in submitting tax filings on behalf of Club given all financial materials are provided by Senior Club.

5. SENIOR CLUB RESPONSIBILITIES
Senior Club shall:

5.1 Senior Club has the authority to control admission of participants to Senior Club events and to control the behavior of participants at Senior Club events. Senior Club may limit admission of participants to Senior Club events to individuals who are members of the Los Alamitos Senior Club. Senior Club has the authority to implement disciplinary actions against individuals, up to and including permanent removal from Senior Club programs. Senior Club, however, must comply with the requirements of Section 3 of this Agreement and in all respects comply with all applicable laws, rules and regulations. All members and guests shall sign a release, waiver and assumption of risk waiver form indemnifying and holding the City and the Senior Club harmless.

5.2 Provide all necessary office supplies including table covers for all tables used for Senior Club activities, programs, events, etc.

5.3 Notify the City of any setup needs at least fourteen (14) days in advance of a scheduled event or activity.

Setup diagrams shall be provided to the Recreation Staff no later than seven (7) days in advance of any room usage.

5.4 Not admit to any Community Center room a larger number of persons than the room will safely accommodate.

5.5 Provide all necessary gaming supplies for table and card games including but not limited to cards, shufflers, score cards, etc.

5.6 Provide and adequately supervise senior citizen programs and services, as described in Exhibit “C” hereto.

5.7 Maintain daily attendance records/sign-in sheets with liability waiver for all activities and submit sign-in sheets to file in Community Center for record keeping.

5.8 Collect fares or fees, pay invoices, and provide supplies and communicate to users or members regarding any services offered by the Senior Club as outlined in this Agreement, including but not limited to travel services and bingo.

5.9 Maintain an active nonprofit 501 (c)(3) status with the Internal Revenue Service and provide the City with proof of the following documentation:

4 1793447.1

5.9.1 Nonprofit 501 (c)(3) Letter of Determination.

5.9.2 Annual filing with the Office of the California Attorney General.

5.9.3 Biennially filing with the California Secretary of State.

5.9.4 Annual City of Los Alamitos bingo permit.

5.10 Be responsible for providing volunteers for the production of programs, services, and activities for all Senior Club related functions.

5.11 Agree to abide by all the City policies, rules and regulations for use of the Community Center.

5.12 Obtain authorization from City staff before posting signs upon the exterior or interior walls of the Community Center or other City facilities.

5.13 Keep those portions of the Community Center used pursuant to this Agreement within occupancy limits.

Hallways, emergency exits and walkways shall be clear and free of tables, chairs, equipment, rubbish and litter. No offensive matter or refuse or substance constituting an unnecessary, unreasonable, or unlawful fire hazard, or material detrimental to the public health, shall be permitted to remain within the Community Center and Senior Club shall prevent any accumulation thereof from occurring.

5.14 As needed, meet with the City to discuss any problems or matters under this Agreement.

5.15 Provide the City with list of volunteers who are overseeing said programs and activities on the behalf of the Senior Club.

5.16 Not use or permit the Community Center to be used in any manner which creates a nuisance or that causes a violation of the City’s noise ordinance outside the Community Center, or in violation of the Community Center’s operating policies and procedures, including, without limitation, live, recorded, or broadcast entertainment or the use of loudspeakers or sounds or light apparatus other than as may be required by law or necessary or advisable for safety purposes.

5.17 Notify the City of any facility damage, needed repairs, injuries or accidents, vandalism, and suspicious activity.

5.18 Follow the City’s procedure for storage of food items in order for the City to adhere to the County Health Code requirements.

6. ASSUMPTION OF RISK AND INSURANCE

6.1 Assumption of Risk: Senior Club assumes all risk for loss, damage (excluding normal wear and tear), liability, injury, cost or expense that may arise during, or be caused in any way by its use or occupancy of the Community Center.

6.2 Insurance
Senior Club shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL) on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than
$1,000,000 per occurrence.The general aggregate limit shall be twice the required occurrence limit.

5 1793447.1

2. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy.

Primary Coverage
For any claims related to this contract, the Senior Club’s insurance coverage shall be primary and non-contributory as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Senior Club’s Insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
The Senior Club hereby grants to City a waiver of any right to subrogation which any insurer of said Senior Club may acquire against the City by virtue of the payment of any loss under such insurance.

Senior Club agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. Any and all deductibles and SIRs shall be the sole responsibility of the Senior Club who procured such insurance and shall not apply to the Indemnified Additional Insured Parties.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
The Senior Club shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements.

7. LEGAL RELATIONS AND RESPONSIBILITIES

7.1 Nature of Relationship: This Agreement does not create any agency, partnership, joint venture, landlordtenant or employment relationship between the City and Senior Club.

7.2 The City’s Reservations: Although Senior Club has the authority to control its events and the individuals that attend such events, the City does not relinquish custody or control of City facilities and does hereby specifically retain the right to enact, modify or enforce any and all appropriate laws, rules, and regulations applicable to the Community Center. Representatives of the City may enter any area of the Community Center and facilities at any time and on any occasion without notice or any other restrictions whatsoever.

7.3 Compliance with Laws: Senior Club shall keep itself fully informed of all existing and future laws and regulations which in any manner affect the activities of Senior Club under this Agreement, or the use of

6 1793447.1
the Community Center by Senior Club. Senior Club shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees.

7.4 Assignment: This Agreement is personal to Senior Club and any assignment, voluntarily or by operation of law, shall automatically terminate this Agreement.

8. MISCELLANEOUS PROVISIONS

8.1 Notices: Any notice or payment may be given by personal delivery to the Senior Club President or by depositing the same in the mail as follows:

If to the City: CITY OF LOS ALAMITOS
10911 Oak Street
Los Alamitos, CA 90720
Attn: Director of Recreation and Community Services
If to Senior Club: LOS ALAMITOS SENIOR CLUB
10911 Oak Street
Los Alamitos, CA 90720
Attn: Senior Club President

8.2 Warranty of Authority: Each officer of the City and Senior Club signing this Agreement warrants and represents by such signature that he or she has the full legal authority to bind his or her respective party to all of the terms, conditions and provisions therein.

8.3 The City’s Liability on Termination: Senior Club hereby waives any monetary damages or claim for damages that may be caused by any action of the City pertaining to this Agreement or in terminating this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.

CITY OF LOS ALAMITOS
By:

Chet Simmons
City Manager

LOS ALAMITOS SENIORS
By: ____________________________
Teri Nugent
President
Attest:

Windmera Quintanar, MMC
City Clerk
By: ____________________________
Margaret Perham
Secretary

7 1793447.1
Approves as to form:

By:

Michael Daudt
City Attorney

8 1793447.1
Exhibit “A”
Regular Use Schedule
The City designates the following rooms within the Community Center that may be used by Senior Club during the designated times. All times listed below include thirty (30) minutes for set-up and clean-up (game and activity supplies). City is responsible for setup of tables and chairs.

A. Medium Activity Room
Thursdays 9:00 a.m. - 3:30 p.m. Bingo
Wednesdays 1:00 p.m. – 3:30 p.m. Social Hour

9 1793447.1
Exhibit “B”
The following is a list of the storage cabinets located at the Los Alamitos Community Center for the Senior Club’s supplies and equipment:

Senior Club Storage Areas
a. Medium Activity Room Table Closet– 2 Designated cabinets b. Medium Activity Room Kitchen – Designated cupboards

10 1793447.1
Exhibit “C”

SENIOR CLUB PROGRAM AND SERVICES
The following are a list of programs and services the Senior Club shall provide:
1) Travel Program:
a. Select, reserve and coordinate trips to and from the Community Center. b. Register, accept payment, and refund participants.
2) Bingo:
a. Offer Bingo callers, bingo console, supplies, board, cards and miscellaneous equipment. 3) Card Games
4) Entertainment
5) Holiday Activities
6) Holiday Luncheons
7) Monthly Senior Club Board Meetings
8) Club Sponsored VSP Lunches
9) Birthday Celebrations
10) Educational Presentations
11) Variety of Hot and Cold Beverages For Bingo

11 1793447.1
Exhibit “D”

LOS ALAMITOS SENIOR CLUB RULES OF CONDUCT FOR ALL CLUB ACTIVITIES

LOS ALAMITOS SENIOR CLUB HARASSMENT & DISCRIMINATION POLICY Los Alamitos Senior Club Rules of Conduct for all Club Activities Etiquette:

Much of the popularity of activities sponsored by the Los Alamitos Senior Club is attributed to the high standards of etiquette, which are observed by all participants. Participants should maintain at all times a courteous attitude toward partners and/or opponents. A participant should carefully avoid remark or action that might cause annoyance or embarrassment to another participant that might interfere with any participant enjoying the activity. Participants who fail to uphold these standards should be reported to the chairperson of the function. This policy strives to promote a friendly atmosphere while eliminating unacceptable behavior pursuant to the By-Laws of the Senior Club i.e. Article 11, Section 2.

All Activity Policy Violations;
 Badgering, rudeness, insinuations, or intimidation
 Negative comments
 Loud and disruptive arguing with anyone
 Excessive talking that disturbs participants
If the chairperson agrees that you are in violation, you will be asked to cease the behavior. If you refuse to comply, you will be asked to leave the activity, however participant may return another day.

If the behavior or disturbance persists, the club president will be informed and he or she will investigate to determine if any action is required. Investigation includes speaking with the alleged offender in a private setting, and gathering information from room hosts, volunteers or witnesses. If disciplinary action is required, it should be of a progressive nature starting with a verbal warning followed by written warning(s), suspensions of increasing length, and ending in permanent removal from the Los Alamitos Senior Club activities. All phases of discipline should be treated in a confidential manner. In severe circumstances, steps in the progressive discipline steps may be bypassed. If the behavior has not improved after the remedy has been imposed then Law Enforcement may be summoned.

Los Alamitos Senior Citizens Club Harassment and Discrimination Policy Harrassment and discrimination pertaining to sex, sexual orientation, race, color, ancestry, religion, national origin, disability, medical condition, age, marital status or any other protected class under State and Federal law is strictly forbidden and will not be tolerated by the Los Alamitos Senior Club.

Examples of what may constitute prohibited harassment include, but are not limited to, the following:

1. Kidding or joking about membership in one of the protected classifications;

2. Assault, impeding or blocking movement or any physical interference with normal movement;

3. Cartoons, posters, and other materials referring to membership in one of the protected classifications;

4. Threats, hand gestures, badgering, rudness, insinuations, or intimidation;

5. Degrading words or offensive terms based on the individual’s membership in one of the protected classifications;

6. Prolonged staring or leering at a person;
This policy applies to all officers, members and non-members.

If you feel you are a victim of harassment or discrimination, please notify The Senior Club President or a Senior Club Board Member. After a complaint has been filed, the Senior Club will investigate the matter and attempt to remedy the situation in a timely manner. If the person making the complaint is not satisfied with the remedy of the Senior Club, the Senior Club President, or designee, will prepare a report of the complaint and submit it to the City of Los Alamitos Director of Parks and Recreation. The Director, or designee, will investigate the complaint further and work with the Senior Club Board of Directors to insure appropriate actions have occurred which are consistent with the law, Rules of Conduct, and Bylaws of the Los Alamitos Senior Club.

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: October 23, 2023 ITEM NUMBER: 12E
To: Mayor Tanya Doby & Members of the City Council
Presented By: Emeline Noda, Director of Recreation & Community Services Subject: Senior Services Master Plan

SUMMARY
This item for Council consideration is the concept of a Senior Services Master Plan to serve as a framework for future programming and infrastructure needs to serve the older adult community in Los Alamitos for the next 20 years.

RECOMMENDATION

1. Discuss the need and desire for a Senior Services Master Plan; and,

2. Provide direction to Staff.

3. Consider appropriating funds out of General Fund Reserves.

BACKGROUND
On trend with most other cities in Orange County, the older adult population in Los Alamitos continues to grow with an estimated 34.2% of residents aged 50. As this younger senior population continues to age into their retirement years and edge closer to Medicare age of 65, the need for programming to fit their unique needs becomes more challenging. As the senior population of ages 50+ continue to live longer, the Recreation & Community Services Department continuously evaluates and researches trends to program for the ages of 50 to 100 years old. Due to the vast range of ages in this population, a Senior Services Master Plan can provide a framework to develop programming for the next 20+ years to address multiple activity levels among this cohort.

DISCUSSION
The difference in wants, needs and interest from a 50-year-old to an 80-year-old is dramatic, set apart by three decades. This generational divide along with a notable increase in volume of older adults seeking age-specific programming at the Los Alamitos Community Center has been observed by staff in recent years. The challenge is to provide information, resources and programming to such a large age distribution of older adults. A Senior Services Master Plan would provide a road map and model for staff to follow in future programming needs for older adults in Los Alamitos.

In early 2022, Staff completed a sample survey of older adults in the Los Alamitos community, mostly receiving feedback from participants in current programming. Respondents ranged in

age, with 41% ages 75-89, 36% ages 65-74 and 19% ages 50-64. Data collected from a sample of 100+ respondents indicated a wide variety of programming needs, from healthrelated workshops and presentations to special interest classes and social gatherings.

Responses ranged in feedback from wine tasting and museum visits to the need for a congregate meal program, balance classes or assistance with resume writing for re-entry into the workforce.

A Senior Services Master Plan would create a model for planning and implementing senior services programs catered to the wants and needs of the older adult population in the City of Los Alamitos. Additionally, the Plan would serve as a guideline for programming and infrastructure needs for decades to come. One of the first in Orange County, such a Plan would set the groundwork for the City of Los Alamitos to be at the forefront of municipal senior services programming.

Staff has identified a potential educational research-based partnership with the Gerontology Departments at California State University Fullerton and California State University Long Beach, both institutions leading the County into a forward-thinking approach to healthy and successful aging. Along with the assistance from a consulting firm, Staff would work to research best practices, survey and outreach to older adults in Los Alamitos and the surrounding communities, and develop a Senior Services Master Plan with an estimated timeline of six months to one year goal. Outreach would focus not only on current participants but those who are not current participants and address seniors who may be in isolation.

FISCAL IMPACT
Development of a Senior Services Master Plan is unfunded. The initial estimated costs of bringing on a consultant to work with staff on outreach, research, and developing and writing a plan ranges from approximately $60,000 to $70,000 over a six to twelve-month period. The funding is available within the General Fund Reserves. It is requested that City Council appropriate these funds out of General Fund Reserves.

Attachment: None

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: October 23, 2023 ITEM NUMBER: 12F
To: Mayor Tanya Doby & Members of the City Council
Presented By: Chet Simmons, City Manager
Subject: Staffing Recommendations

SUMMARY
This item proposes the conversion of three part-time Community Services Coordinators to fulltime Recreation Coordinators in the Recreation & Community Services Department and a new full-time Department Secretary for Administration at Mid-Year. If the proposed plan of conversion from part-time to full-time occurs at Mid-Year, the fiscal impact to the Recreation & Community Services Department will be $67,054. Annually, the fiscal impact will be approximately $134,108. The cost for the Department Secretary for Administration will be at Mid-Year is $58,047 and the annual fiscal impact is $116,095.

RECOMMENDATION
Review and discuss the proposal of converting three part-time Community Services Coordinators to full-time Coordinators and adding a new Department Secretary for Administration at Mid-Year.

BACKGROUND
The Recreation & Community Services Department has seen continued growth in programs, services, and events in the last three years. The community has historically supported Recreation & Community Services offerings each year. The Department has observed a great response to new offerings since COVID-19, with families and individuals of all ages continuously seeking ways to engage with their community, with a high demand for service and well-attended community events.

The Administration Department is in need of an additional Department Secretary due to growing workload and projects.

DISCUSSION
Each of the three part-time Community Services Coordinators work an average of 28 hours per week in the areas of:

1. Senior Services

2. Events and Aquatics

3. Youth and Adult Sports
There is a growing need in each of these areas to dedicate increased hours to accommodate

and support the various programs or events.
• Additional duties assigned include Senior Transportation Program (recently approved by City Council), expanded Senior Club support, expanded senior educational programs and classes with the development of a Senior Services Master Plan. • Additional duties assigned include year-round Aquatics program, expanded Aquatics programs and classes for expanded age groups.
• Additional duties assigned include year-round Youth Sports programs, Table Tennis Acquisition, pop up Pickleball, and adaptive sports partnerships with the Los Alamitos Unified School District.

As part of this conversion, the Department will accomplish the goals of staff retention, maintain a cohesive team, and continue with external community relationships vital to these roles (i.e.

Aquatics and Los Alamitos Unified School District personnel), and reduce the need to recruit and train new individuals.

The Administration Department requires an additional Department Secretary due to growing workload and demands. The City Manager has been without an administrative assistant since August 2021. This position will primarily provide administrative support for the City Manager, and be used for creative writing and video promotions. The Finance Department and City Clerk will also receive administrative support from this new position.

FISCAL IMPACT
If the proposed plan of conversion from part-time to full-time occurs at Mid-Year, the fiscal impact to the Recreation & Community Services Department will be $67,054. Annually, the fiscal impact will be approximately $134,108. Since returning to normal programming after COVID-19, the Recreation & Community Services Department has seen increased revenue in program attendance and Department sponsorships to cover the amount of this budget adjustment.

The cost for the Department Secretary for Administration will be $58,047 at mid-year and the annual fiscal impact is $116,095.

Attachment: None

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: October 23, 2023 ITEM NUMBER: 12G
To: Mayor Tanya Doby & Members of the City Council
Presented By: Irving Montenegro Jr., Manager
Ron Noda, Development Services Director
Subject: Consideration to Implement "Revive Los Alamitos"

SUMMARY
A discussion concerning the implementation of an Economic Development program intended to financially assist Los Alamitos-based businesses and commercial establishments by investing in their property through various methods.

RECOMMENDATION

1. Review and discuss the program structure and criteria; and,

2. Provide feedback; and,

3. Approve funding for the program at a cost of $105,000.

BACKGROUND
The goal of the City's Economic Development Department is to make Los Alamitos attractive to current and future business owners and patrons. There are many objectives in making this goal come to fruition, including making the process of obtaining a business license more efficient and streamlined, keeping the City safe, and making Los Alamitos more attractive for people to want to shop, eat, play, and support local. "Revive Los Alamitos" is one of the Economic Development objectives aimed at beautifying the commercial store fronts in Los Alamitos and also assisting the home-based businesses by improving their technological infrastructure so they are able to conduct business in the modern world.

DISCUSSION
The Economic Development Division is seeking alternative ways to attract and assist local home-based businesses with programs offered by Small Business Development Centers (SBDC) through micro grants and training focused on innovative ways to improve marketing strategies, client attraction, inexpensive systems, and tools for business operation, among others. Most recently, the City's Celebrate Los Al event included the inaugural Pine strEATs grant program which solicited Los Alamitos based restaurants and home-based food services to participate in the event by offering a grant of up to $5,000 to cover all event related expenses associated with supplies, food items, and personnel hours. This program attracted 14 Los Alamitos restaurants ranging across a variety of culinary crafts and dining options. The feedback on the event from both the restaurants and attendees has been an overwhelming

success.

The focus will now shift back to brick-and-mortar businesses and commercial establishments in the City of Los Alamitos. The objectives of this program are for interested businesses to invest in their property, make improvements to their façade, address outdated repairs, renovate worn structures, utilize landscaping as ways to freshen the aesthetics for greater shopping experience and customer appeal.

Program Criteria
The program criteria include:
• Establishment as a business and commercial property within the City of Los Alamitos. • Independent contractors are not eligible.
• City Staff and Elected Officials are not eligible.
• Fees paid to outside agencies are not eligible (i.e., schools, county, districts). • Must present direct nexus between permitted work and receipts for local purchases. • Free of any building and code violations.
• Program expiration is set for one calendar year from the launch date. • Eligible Improvements
The program is eligible for the following improvements and applicants will be responsible for selecting a contractor, acquiring all necessary City permits, while maintaining high construction standards and City policy and procedures:
• Exterior paint
• Windows
• Doors
• Signage
• Landscaping
• Irrigation
• Awnings
• Canopies/pergolas
• Exterior facade treatments and additions
• Block wall/fencing
• Program Procedures
The program procedures are designed to be easy but methodical as the City will cover up to 50% of the projected costs for improvement. Thus, auditing will be critical in ensuring that the work done is met through the expected timeline. The chart below explains the step-by-step process with City Staff guidance along the way:

Marketing Plan
The following marketing strategy will be used to help educate and solicit interest from applicable businesses in the City:

• City website
• Email blast
• Social media
• Recreation brochure
• Citywide mailers
• Local newspapers
• Posters at various locations
• Pop-up banners and street banners

FISCAL IMPACT
The budget allocation for this program is proposed to come out of the Economic Development Division, Fund 57 (57-560-5002), for this fiscal year 2023/2024. Each eligible business will have a maximum rebate of $15,000 worth of improvements with 50% reimbursement for City approved project expenses. This is intended to make it equitable and available for multiple businesses to participate in the program. Applications will be received on a first come, first serve basis. The marketing costs are intended to help promote the program citywide through the period of the grant program. Staff will have full discretion on any projects that are subject to the program's vision.

Marketing Costs $5,000
Program
Expenses
$100,000
Total $105,000
Attachment: None

City of Los Alamitos

CITY COUNCIL AGENDA REPORT
MEETING DATE: October 23, 2023 ITEM NUMBER: 12H
To: Mayor Tanya Doby & Members of the City Council
Presented By: Ron Noda, Development Services Director
Subject: Community Center Roof Project

SUMMARY
The roof of the Community Center building has incurred significant damage from storms in the beginning of 2023. This item recommends actions to begin facilitating the repairs of the roof and damaged infrastructure.

RECOMMENDATION

1. Carryover the $500,000 for the Community Center Roof Project approved by Council at the March 20, 2023, Council Meeting; and,

2. Appropriate an additional $1,290,952 from the General fund for the Community Center Roof Project; and,

3. Authorize the City Manager to execute a constrution contract for the Community Center Roof Project, in a form to be approved by the City Attorney, in amount not to exceed $1,790,952.

BACKGROUND
During the winter storms that occurred at the beginning of the year, the Community Center roof experienced a significant amount of damage as a result of leakage throughout the building.

The areas affected by the leaks consist of: the flat roof section located in the northwest portion of the building which includes the kitchen, the craft room, activity rooms 2 and 3, several storage closets, and the flat roof section located in the south portion of the building which includes staff office space and the front lobby. This project will also include the repair of the water-damaged infrastructure located throughout the Community Center, which includes but not limited to drywall damage, electrical damage, and damage to the interior paint.

DISCUSSION
Earlier this year, the City Council adopted a resolution allowing for the City to suspend its normal procurement rules in order to facilitate the repair and reconstruction of the Community Center Roof that was damaged during the recent storms. This action allowed staff to deviate from the standard process for awarding contracts for the improvement of public buildings that can take up to 8 months to complete, as it includes the development of a project scope and detailed plans, the Council's approval of plans for the project, advertizing of the project and solicitation for bids, review of those bids, and the Council's award of the contract.

Since the Council took this action, staff has been hard at work not only developing the specification for the project, but also soliciting bids from various contractors. This included over 10 site walks with various contractors to understand the scope of the projects and the difficulties involved with the repairs given the age and style of construction that is currently in place. During these inspections, it became clear that the damage would not be remedied with a simple patching job and would require the reconstruction of the whole roof and some of the other facility supporting systems.

As stated from the beginning of the project, it has always been the City's intention to complete this project in such a manner that it would not disrupt the operations within the Community Center or displace any of the many user groups, such as the Senior Club. Fortunately, the damage was contained to certain areas, which allowed staff and the engineering team to continue their work of developing a plan for the entire repair, while not disturbing any of these groups.

As previously reported, the complexity of the project and the need to provide warranties for the completed work complicated the solicitation of bids. Ultimately, out of the several contractors that were contacted, three submitted quotes. These are outlined below:

Company Quote Contingency
(20%)
Engineering
Costs
Total
KYA Group $1,367,460 $273,492 $150,000 $1,790,952
ADCO $1,434,000 $286,800 $150,000 $1,870,800
Best Contracting Services $1,973,461 $394,693 $150,000 $2,518,154 It is recommended by staff that the CIty Council authorize the City Manager to enter into a construction contract with the KYA Group for the Community Center Roofing Project due to it being the lowest, most responsible quote received.

The Roofing Project consists of repairing damaged infrastructure, including but not limited to:
• Remove, dispose of existing roof tiles and underlayment and replace them with new roofing materials.
• Furnish and install new rain gutters.
• Furnish and install fascia boards.
• Replace the drain pipe systems.
• Remove and replace exterior shade structures.
• Replace interior ceiling panels.
• Remove and replace damaged interior walls.
• Inspect and repair interior electrical outlets.
• Replace existing interior lighting fixtures.
• Paint the Community Center interior rooms.

The tentative work schedule is below:

Date Tasks
November 6, 2023 to December 1, 2023 Mobilization & Procurement December 4, 2023 to January 19, 2024 Exterior Construction January 22, 2024 to March 1, 2024 Interior Construction March 4, 2024 to March 15, 2024 Punchlist Items
March18, 2024 to March 29, 2024 De-mobilization
March 29, 2024 End of Construction
The goal during the assessment process of not disrupting services offered at the Community Center will still be a priority during construction and this has been expressed to the vendor.

They have agreed to extend their normal working days to six days a week and to extend working hours into the night, during the interior work, to minimize disruption to the public and staff working inside the Community Center.

FISCAL IMPACT
Council appropriated $500,000 at the March, 2023 meeting. An additional $1,290,952 is requested for a total amount of $1,790,952. The City's General Fund will fund this project with the anticipation of receiving a State Disaster Relief Grant that has been submitted in line with the Governor's State of Emergency Declaration due to severe winter storms.

Attachment: 1. Los Al - Emergency Roof Repair Specs Signed 4_20_2023

SECTION A – Page 1

NOTICE INVITING BID

CITY OF LOS ALAMITOS

CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR

COMMUNITY CENTER ROOF REPAIR

LOCATED AT
10911 OAK STREET

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
CIP 22/23
APRIL 2023
NOTICE TO THE BIDDERS:

1. Contract bid documents: $15 at counter or $25 if purchased by mail (Prepaid amount/non-refundable).

2. Bid bond required – 10% of bid amount to be submitted with bid.

3. Bids must be received by 11:00 a.m. on the __________________________

SECTION A – Page 2

NOTICE INVITING BID
This page is intentionally left blank.

SECTION A – Page 4

NOTICE INVITING BID
This page is intentionally left blank.

SECTION A – Page 5

NOTICE INVITING BID

TABLE OF CONTENTS

COMMUNITY CENTER ROOF REPAIR
SPECIFICATION NO. CIP 22/23

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

SECTION
NOTICE INVITING SEALED BIDS.......................................................................................................... A INSTRUCTIONS TO BIDDERS .................................................................................................................B PROPOSAL INFORMATION AND DOCUMENTS..................................................................................C CONTRACT INFORMATION AND DOCUMENTS................................................................................ D STANDARD SPECIFICATIONS ................................................................................................................E SPECIAL PROVISIONS .............................................................................................................................F SPECIAL PROVISIONS - ATTACHMENTS............................................................................................ G

SECTION A – Page 6

NOTICE INVITING BID
This page is intentionally left blank.

SECTION A – Page 7

NOTICE INVITING BID

SECTION A

COMMUNITY CENTER ROOF REPAIR
SPECIFICATION NO. CIP 22/23

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

NOTICE INVITING SEALED BIDS

SECTION A – Page 8

NOTICE INVITING BID
This page is intentionally left blank.

SECTION A – Page 9

NOTICE INVITING BID

NOTICE INVITING SEALED BIDS

COMMUNITY CENTER ROOF REPAIR
SPECIFICATION NO. CIP 22/23

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
PUBLIC NOTICE IS HEREBY GIVEN that the City of Los Alamitos as AGENCY, invites sealed bids for the above stated project and will receive such bids in the office of the City Clerk, 3191 Katella Avenue, Los Alamitos, CA 90720 up to the hour of 11:00 a.m., on the ____________________. The bids will be publicly opened and read at 11:00 a.m. on the __________________, in the Los Alamitos City Hall Council Chambers.

The City of Los Alamitos proposes to replace portions of the roof of the Los Alamitos Community Center, including but not limited to rough carpentry, concrete roof tiles, modified bituminous membrane roofing, and sheet metal flashing and trim. In addition, City proposes to paint the interior walls and ceilings and replace existing lighting fixtures with LED fixtures.

Copies of the plans, specifications, and contract documents are available from the City of Los Alamitos, 3191 Katella Avenue, Los Alamitos, CA 90720 upon payment of a $15.00 non-refundable fee if picked up, or payment of a $25.00 non-refundable fee if mailed. In accordance with the provisions of California Public Contract Code § 3300, and Business and Professions Code § 7028.15(e), the Agency has determined that the contractor shall possess a valid Class A, B, or C-39 contractor’s license at the time that the contract is awarded. Failure to possess the specified license shall render a bidder’s bid as non-responsive and shall bar award of the contract to any bidder not possessing the specified license at the time of the award.

CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS’ STATE LICENSE BOARD. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS’ STATE LICENSE BOARD, P.O. BOX 2600, SACRAMENTO, CA 95826. At the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material shall not be made unless and until the Registrar of Contractors verifies to the Agency that the records of the Contractors’ State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law including, but not limited to, any appropriate disciplinary action by the Contractors’ State Board. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. (Public Contract Code § 20103.5)
Bids must be prepared on the approved bid forms in conformance with INSTRUCTIONS TO BIDDERS and submitted in the envelopes provided, sealed, and plainly marked on the outside:
“SEALED BID FOR COMMUNITY CENTER ROOF REPAIR
SPECIFICATION NO. CIP 22/23
DO NOT OPEN WITH REGULAR MAIL”
The bid must be accompanied by a bid guarantee in the amount of 10% of the total bid by 11:00 a.m. ON THE DATE ADVERTISED FOR THE OPENING OF BIDS. More specifically, pursuant to Public Contract Code §§ 20170 and 20171, all bids for the project shall be presented, under sealed cover and shall be accompanied by one of the following forms of bidder’s security in the amount of ten percent (10%) of

SECTION A – Page 10

NOTICE INVITING BID
the bid: (a) cash; (b) a cashier’s check made payable to the City of Los Alamitos; (c) a certified check made payable to the City of Los Alamitos; or (d) a bidder’s bond executed by an admitted surety insurer made payable to the City of Los Alamitos. Such security shall be forfeited should the successful bidder to whom the contract is awarded fails to timely execute the contract and to deliver the necessary bonds and insurance certificates as specified in the contract documents.

To the extent applicable, at any time during the term of the Agreement for the proposed project, the successful bidder may, at its own expense, substitute securities equivalent to the amount withheld as retention (or the retained percentage) in accordance with Public Contract Code § 22300.

Pursuant to California Civil Code § 3247, a payment bond is required to be submitted for all projects estimated in excess of $25,000.00.

The Agency has determined that the proposed project is a public works subject to the provisions of Labor Code § 1720 thereby requiring the Contractor to pay the prevailing wage rates for all work performed under the Contract.

The Agency reserves the right to reject any and all bids.

If you have any questions, please contact Chris Kelley, PE at (562) 321-1204.

BY ORDER OF the City Council of the City of Los Alamitos, California.

SECTION B – Page 1

INSTRUCTION TO BIDDERS

SECTION B

COMMUNITY CENTER ROOF REPAIR
SPECIFICATION NO. CIP 22/23

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

INSTRUCTIONS TO BIDDERS
B1.01 INSPECTION OF SITE OF WORK
Bidders are required to inspect the site of the work in order to satisfy themselves, by personal examination or by such other means as they may prefer, of the location of the proposed work and as to the actual conditions of and at the site of work. If, during the course of his/her examination, a bidder finds facts or conditions which appear to him/her to conflict with the letter or spirit of the contract documents, or with any other data furnished him/her, he/she may apply to the Agency in writing in accordance with B1.04 INTERPRETATION OF CONTRACT DOCUMENTS for additional information and explanation before submitting his/her bid.

The submission of a proposal by the bidder shall constitute the acknowledgment that, if awarded the contract, he/she has relied and is relying on his/her own examination of (a) the site of the work, (b) the access to the site, and (c) all other data, matters, and things requisite to the fulfillment of the work and on his/her own knowledge of existing services and utilities on and in the vicinity of the site of the work to be constructed under the contract, and not on any representation or warranty of the Agency. No claim for additional compensation will be allowed which is based upon a lack of knowledge of these items.

B1.02 EXAMINATION OF CONTRACT DOCUMENTS
Each bidder shall thoroughly examine and be familiar with legal and procedural documents, general conditions, specifications, drawings, and addenda (if any). The submission of a proposal shall constitute an acknowledgment upon which the Agency may rely that the bidder has thoroughly examined and is familiar with the contract documents. The bidders’ attention is directed to the need, if any, for special invoicing for this project. The failure or neglect of a bidder to receive or examine any of the contract documents shall in no way relieve him/her from any obligations with respect to his/her proposal or to the contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any contract document.

B1.03 CONTRACT PERIOD/CONSTRUCTION COMPLETION DATE
Bidder’s attention is called to the provisions set forth in SECTION E, STANDARD SPECIFICATIONS, particularly those pertaining to the contract period and liquidated damages for avoidable delays.

The Contractor shall begin work within fifteen (15) calendar days after the date of the Notice to Proceed and shall diligently prosecute said work to completion before the expiration 40 CALENDAR DAYS. The Contractor shall pay to the Agency the sum of $500.00 per day, for each and every calendar day’s delay in finishing the work in excess of the number of working days prescribed above.

B1.04 INTERPRETATION OF CONTRACT DOCUMENTS
No oral interpretations will be made to any bidder as to the meaning of the contract documents. Requests for an interpretation shall be made in writing and delivered to the Agency at least ten (10) days before the time announced for opening the proposals. Interpretations by the Agency will be in the form of addenda to

SECTION B – Page 2

INSTRUCTION TO BIDDERS
the contract documents and, when issued, will be sent as promptly as is practical to all parties to whom the contract documents have been issued. Agency makes no guarantee that all bidders will receive all addenda.

Copies of addenda will be made available for inspection at the office where contract documents are on file for inspection as indicated on the Invitation for Bids. All such addenda shall become part of the contract.

All questions shall be addressed to Chris Kelley, PE , City of Los Alamitos, at (562)-321-1204 B1.05 SOIL INFORMATION
Soil reports have not been prepared for this project.

B1.06 PROPOSAL
Proposals shall be made on the forms enclosed in SECTION C of these specifications with or without removal from the bound contract documents. All proposals shall give the prices proposed, both in words and in numbers, shall give all other information requested herein, and shall be signed by the bidder or his/her authorized representative, with his/her address. If the proposal is made by an individual, his/her name, signature and mailing address must be shown; if made by firm or partnership, the name and mailing address of the firm or partnership and the signature of at least one of the general partners must be shown; if made by a corporation, the proposal shall show the name of the state under the laws of which the corporation is chartered, the name and mailing address of the corporation, and the name and title of the person who signs on behalf of the corporation. If the proposal is made by a corporation, a certified copy of the bylaws or resolution of the board of directors of the corporation shall be furnished demonstrating the authority of the officer signing the proposal to execute contracts on behalf of the corporation.

Each proposal shall be enclosed in a sealed envelope, labeled as specified in SECTION A - NOTICE INVITING SEALED BIDS. Bidders are warned against making erasures or alterations of any kind, and proposals which contain omissions, erasures or irregularities of any kind may be rejected. No oral, telegraphic, or telephonic proposals or modifications will be considered.

In conformance with the Business and Profession Code, § 7028.15, the Contractor must state clearly his/her license number and expiration date. In addition, he/she shall sign a statement that these representations were made under the penalty of perjury. This statement shall be made on the EXPERIENCE STATEMENT in SECTION C.

The contractor will be required to pay prevailing wage pursuant to California Law, including California Labor Code §§ 1770 et seq. Copies of the prevailing rate of per diem wages are on file at the offices of the Agency.

B1.07 ADDENDA
Each proposal shall include specific acknowledgment in the space provided on SECTION C - BID PROPOSAL of receipt of all addenda issued during the bidding period. Failure to so acknowledge may result in the proposal being rejected as not responsive.

B1.08 BID PRICES
Bid prices shall include everything necessary for the completion of construction and fulfillment of the contract including, but not limited to, furnishing all materials, equipment, tools, plant and other facilities and all management, superintendence, labor, and services, except as may be provided otherwise in the contract documents. In the event of a difference between a price quoted in words and a price quoted in numbers for the same quotation, the words shall be the amount bid.

SECTION B – Page 3

INSTRUCTION TO BIDDERS
In preparing bid prices, bidder represents that he/she has carefully examined the Contract Documents and the site where the work is to be performed and that he/she has familiarized himself with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that may affect the performance of the work in any manner. The bidder further represents that he/she has studied all surveys and investigation reports about subsurface and physical conditions pertaining to the job site, that he/she has performed such additional surveys and investigations as he/she deems necessary to complete the work at his/her bid price, and that he/she has correlated the results of all such data with the requirements of the Contract Documents.

The submittal of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered, including locality, uncertainty of weather and all other contingencies, and as to the character, quality, quantities, and scope of the work.

The plans and specifications for the work show subsurface conditions or otherwise hidden conditions as the Design Engineer supposes or believes them to exist but is not intended or to be inferred that the conditions as shown thereon constitute a representation that such conditions are actually existent. Except as otherwise specifically provided in the Contract Documents, the Agency, the Design Engineer and their consultants or agents shall not be liable for any loss sustained by the Contractor as a result of any variance of such conditions as shown on the plans and the actual conditions revealed during the progress of the work or otherwise.

The Contractor shall perform an independent take-off of the plans and bid accordingly. Quantities listed in the BID SCHEDULE in SECTION C are intended only as a guide for the Contractor as to the anticipated order of magnitude of work. Contractor shall be responsible for verifying all estimated quantities.

Contractor will be reimbursed for the quantity of items actually installed as required by the Contract Documents and shown on the plans to neat line and grade.

The Contractor will not be reimbursed for unauthorized work performed outside of that required by the Contract Documents.

B1.09 TAXES
No mention shall be made in the proposal of sales tax, use tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes which may be applicable.

B1.10 RECOGNITION OF BONDING COMPANIES
All bonding companies used by the Contractor in this contract must be recognized by the Federal Government within Circular 570. All proposals or contracts received that include bonds posted by bonding companies not recognized in Circular 570 will result in the disqualification of the bid proposal and forfeiture of the bid bond.

B1.11 QUALIFICATION OF BIDDERS
Each bidder shall be skilled and regularly engaged in the general class or type of work called for under the contract. A statement setting forth his/her experience shall be submitted by each bidder on the EXPERIENCE STATEMENT form provided in SECTION C.

Each bidder shall possess a valid Contractor’s License issued by the Contractor’s State License Board at the time his/her bid is submitted. The class of license shall be applicable to the work specified in the contract. Each bidder shall also have no less than five (5) years’ experience in the magnitude and character of the work bid.

It is the intention of the Agency to award a contract to a bidder who furnished satisfactory evidence that he/she has the requisite experience and ability, and that he/she has sufficient capital, facilities, and plant to

SECTION B – Page 4

INSTRUCTION TO BIDDERS
enable him/her to prosecute the work successfully and properly, and to complete it within the time stated in the contract.

To determine the degree of responsibility to be credited to the bidder, the Agency will weigh any evidence that the bidder has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress. If in the opinion of the Agency, a bidder is determined to be insufficiently qualified, then that bidder will not be considered for award of the contract.

B1.12 DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS
Each proposal shall have listed on the DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS form provided in SECTION C the name and address of each subcontractor to whom the bidder proposes to sublet portions of the work in excess of one-half percent of the total amount of his/her bid. For the purpose of this paragraph, a subcontractor is defined as one who contracts with the Contractor to furnish materials and labor, or labor only for the performance of work at the site of the work or who will specially fabricate a portion of the work off the site pursuant to detailed drawings in the contract documents.

Public Contract Code § 4104 requires all bidders to list subcontractors who will perform work in excess of ½% of the total bid, or in the case of streets and highways, ½% or $10,000, whichever is greater.

Public Contract Code § 6109 prohibits a contractor from performing work with a subcontractor who is debarred pursuant to Labor Code §§ 1777.1 or 1777.7.

B1.13 PROPOSAL GUARANTEE
The proposal shall be accompanied by a proposal guarantee bond duly completed on the form provided herewith by a guarantee company authorized to carry on business in the State of California for payments to the Agency in the sum of at least 10% of the total amount of the bid proposal, or alternatively by a certified or cashier’s check payable to the Agency, or cash, in the sum of at least 10% of the total amount of the bid proposal. The amount payable to the Agency under the proposal guarantee shall be forfeited to the Agency in case of failure or neglect of the bidder to furnish, execute and deliver to the Agency the required bonds, evidence of insurance and to enter into, execute and deliver to the Agency the agreement on the form provided herewith, within ten (10) days after being notified in writing by the Agency that the award has been made and the agreement is ready for execution.

B1.14 MODIFICATION OF PROPOSAL
A modification of a bid proposal already received will be considered only if the modification is received before the time announced for the opening of bids. All modifications shall be made in writing, executed and submitted in the same form and manner as the original bid proposal.

B1.15 WITHDRAWAL OF PROPOSAL
A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the Agency’s designated official prior to the bid opening hour stipulated in SECTION A – NOTICE INVITING SEALED BIDS. Proposals may not be withdrawn after that time without forfeiture of the proposal guarantee. The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so.

B1.16 POSTPONEMENT OF BID OPENING
The Agency reserves the right to postpone the date and time for opening of bids at any time prior to the date and time announced in SECTION A–NOTICE INVITING SEALED BIDS.

SECTION B – Page 5

INSTRUCTION TO BIDDERS
B1.17 DISQUALIFICATION OF BIDDERS
If there is reason to believe that collusion exists among the bidders, none of the bids of the participants in such collusion will be considered. In the event that any bidder acting as a prime Contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime Contractor.

B1.18 REJECTION OF PROPOSALS
The Agency reserves the right to reject any and all proposals, to waive any irregularity, and to reject any proposals which are incomplete, obscure or irregular; any proposals which omit a bid on any one or more items on which bids are required; which omit unit prices if unit prices are required; in which unit prices are unbalanced in the opinion of the Agency; which are accompanied by insufficient or irregular bid security; or which are from bidders who have previously failed to perform properly or to timely complete contracts of any nature.

B1.19 AWARD OF CONTRACT
The Contract will be awarded, if at all, to the lowest responsible and responsive bidder, whose bid proposal is not rejected for cause by the Agency. However, until an award is made, the Agency reserves right will be reserved to reject any or all bids, and to waive technical errors or discrepancies, if to do so is deemed to best serve the interests of the Agency. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom it is proposed to make such an award.

Each bidder’s attention is directed to the possibility that the award of the project may be delayed for various reasons. The Agency reserves the right to delay the award of the project for 45 calendar days. After 45 calendar days, the low bidder may at any time request release from its bid without penalty.

The acceptance of a proposal will be evidenced by a Notice of Award of Contract in writing, delivered by mail to the bidder whose proposal is accepted. No other act of the Agency shall constitute acceptance of a proposal. The award of contract shall obligate the bidder whose proposal is accepted to furnish a performance bond, payment bond and maintenance bond, as well as evidence of insurance and to execute the contract set forth herein.

B1.20 RETURN OF PROPOSAL GUARANTEES
Within ten (10) calendar days after the bids are opened, the Agency will release the proposal guarantees accompanying the proposals which are not to be considered in making the award. Proposal guarantees for the two lowest bidders will be held until the contract has been fully executed, after which they will be returned to the respective bidders.

B2.21 EXECUTION OF CONTRACT
The contract agreement shall be executed in duplicate by the successful bidder and returned, together with the contract bonds and evidence of insurance, within ten (10) calendar days after the notification of the contract award by the Agency in writing. In case of failure of the successful bidder to execute the contract agreement within ten (10) calendar days after such notice, or any subsequent extension approved by Agency, the Agency at its option may consider the bidder in default, in which case the bid bond or proposal guarantee accompanying the bid shall become the property of the Agency. After execution by the Agency, one original contract shall be returned to the Contractor.

SECTION B – Page 6

INSTRUCTION TO BIDDERS
B1.22 FLEXIBILITY OF BID SCHEDULE
It is the intent of the Agency to award a contract to the lowest responsible and responsive bidder and the flexibility shown in the bid schedule is necessary to ensure a project within the Agency’s budget limits and constraints.

Bidder shall submit an itemized list of all applicable items to support the Bid Schedule Total.

SECTION C – Page 1

PROPOSAL INFORMATION AND DOCUMENT

SECTION C

COMMUNITY CENTER ROOF REPAIR
SPECIFICATION NO. CIP 22/23

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

PROPOSAL INFORMATION AND DOCUMENTS

BID PROPOSAL

BID SCHEDULE

BID BOND

BID GUARANTEE

BIDDER INFORMATION

EXPERIENCE STATEMENT

DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS

SECTION C – Page 2

PROPOSAL INFORMATION AND DOCUMENT

BID PROPOSAL

COMMUNITY CENTER ROOF REPAIR
SPECIFICATION NO. CIP 22/23

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The undersigned, as bidder, declares that he/she has examined all of the contract documents and specifications contained in this project manual for the above referenced project, and that he/she will contract with the Agency on the form of contract provided herewith to do everything necessary for the fulfillment of this contract at the price, and on the terms and conditions therein contained.

The following are included and are to be considered as forming a part of this proposal: BID PROPOSAL, BID SCHEDULE, BID BOND, NONCOLLUSION AFFIDAVIT, BID GUARANTEE (if submitted in lieu of Bid Bond), BIDDER INFORMATION, EXPERIENCE STATEMENT, DESIGNATION OF SUPPLIERS & SUBCONTRACTORS, BIDDER’S STATEMENT REGARDING INSURANCE COVERAGE, and STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS.

Contractor acknowledges receipt and inclusion of addenda ______ to ______ into this bid proposal and the contract documents.

Attached is a Bid Bond duly completed by a guarantee company authorized to carry on business in the State of California in the amount of at least 10% of the total amount of this proposal, or alternatively, there is attached a certified or cashier’s check payable to the Agency or evidence of a cash payment to the Agency, in the amount of at least 10% of the total amount of our proposal.

If this proposal is accepted, we agree to sign the contract form and to furnish the Performance Bond and the Payment Bond (each to be 100% of the bid amount), the Maintenance Bond (to be 50% of the bid amount), and the required evidences of insurance within ten (10) calendar days after receiving written Notice of Award of Contract.

We further agree if our proposal is accepted and a contract for the performance of the work is entered into with the Agency, to so plan the work and to prosecute it with such diligence that all of the work shall be completed within the time stipulated in SECTION E - TIME OF COMPLETION.

NAME OF BIDDER: ____________________________________________________________ MAILING ADDRESS: ___________________________________________________________ STATE OF INCORPORATION: ___________________________________________________ AUTHORIZED SIGNATURE: ____________________________________________________ TITLE: _______________________________________________________________________ DATE: _______________________________________________________________________ (If Company is a Corporation, provide corporate resolution per B 1.06 PROPOSAL.)

SECTION C – Page 3

PROPOSAL INFORMATION AND DOCUMENT

BID SCHEDULE

COMMUNITY CENTER ROOF REPAIR
SPECIFICATION NO. CIP 22/23

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The cost of all labor, services, material, equipment and installation necessary for the completion of the work itemized under this schedule, even though not shown or specified, shall be included in the unit price for the various items shown herein. For a description of the work associated with each bid item, see SECTION E–SPECIAL PROVISIONS. The Agency reserves the right to increase or decrease the quantity of any item or omit items as may be necessary, and the same shall in no way affect or void the contract, except that appropriate additions or deductions from the contract total price will be made at the stipulated unit price in accordance with these Contract Documents.

The Agency reserves the right to reject any and all bids, to waive any informality in a bid, and to make awards in the interest of the Agency.

The Contractor shall perform an independent take-off of the plans and bid accordingly. Quantities listed in this Bid Schedule are intended only as a guide for the Contractor as to the anticipated order of magnitude of work. The Contractor shall be responsible for verifying all estimated quantities. The Contractor will be reimbursed for the quantity of items actually installed as required by the Contract Documents, including addenda, and shown on the plans to neat line and grade.

The Contractor will not be reimbursed for work performed for his convenience, or as required to adapt to field conditions, or for unauthorized work performed outside of that required by the Contract Documents.

The Contractor shall be responsible for calculating and providing totals for the bid schedule. The proposal schedule shall include all costs for labor, services, material, equipment, and installation associated with completing the work in place per the plans, specifications, and details.

NAME OF BIDDER:_________________________________________________________ CONTRACTOR’S LICENSE NO.:______________________________________________ AUTHORIZED SIGNATURE:__________________________________________________ TITLE:____________________________________________________________________ DATE:____________________________________________________________________

SECTION C – Page 4

PROPOSAL INFORMATION AND DOCUMENT
BID SCHEDULE (Continued)

COMMUNITY CENTER ROOF REPAIR
SPECIFICATION NO. CIP 22/23

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

BID SCHEDULE A
Item
No. Item Description Estimated Quantity Unit Unit Price Item Amount 1 Remove and Dispose of Existing Roof
Tiles and Repair (Roof B-1, B-3, B-4, C-1,
D, and E) (Angled Roofs)
1 LS $ $
2 Remove and Dispose of Existing Roof
Tiles and Repair (Roof B-2, C-2) (Flat
Roofs)
1 LS
3 Furnish and Install Fascia Board 100 LF
4 Furnish and Install Rigid Insulation 2250 SF
5 Furnish and Install Roof Gutters 300 SF
6 Replace Ceiling Panels 500 SF
7 Replace Drain Pipe System 1 LS
8 Replace Drain to Existing Outlet 1 LS
9 Add Interior Ceiling Paneling to Bottom of
Truss Joist Ceiling (B-1, C-1, and D);
Demonstrate Structural Integrity of
Existing Truss Joist Due to Additional
Loading From Ceiling Wood Paneling
8500 SF
10 Remove and Replace Shade Structures
(Existing Concrete Columns to Remain) 3 EA
11A
In Truss Joist Ceiling Rooms (B-1, C-1,
and D), Inspect All Interior Walls for
Water Damage and Repair (0-400 SF
400 SF
11B
In Truss Joist Ceiling Rooms (B-1, C-1,
and D), Inspect All Interior Walls for
Water Damage and Repair (>400 SF)
500 SF
12 Paint Community Center Interior Rooms
With City Approved Paint Color and
Texture, Rooms (B-1, C-1, and D)
1 LS
13 In Truss Joist Ceiling Rooms (B-1, C-1,
and D), Replace Existing Lighting and
Lighting Appurtenances, Per City
Approved Lighting Detail. Contractor to
Submit Engineered Lighting Calculations
and Plan for City Review
1 LS
Total - Schedule A

SECTION C – Page 5

PROPOSAL INFORMATION AND DOCUMENT
Bid Schedule Total (Schedule A) $
Bid Schedule Total (Schedule A) (in words):

The Contractor shall be responsible for calculating and providing unit prices for the schedule. The proposal schedule shall include all costs for services, labor, materials, equipment, and installation associated with completing the work in place per specifications.

For the purposes of determining the lowest responsible bidder, the Bid Schedule Total of Schedule A shall be considered.
(Company Name of Bidder) (Date)

SECTION C – Page 6

PROPOSAL INFORMATION AND DOCUMENT

BID BOND

COMMUNITY CENTER ROOF REPAIR
SPECIFICATION NO. CIP 22/23

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
KNOW ALL MEN BY THESE PRESENTS that Bidder ________________________, as PRINCIPAL, and ______________________, as SURETY, are held and firmly bound unto the City of Los Alamitos as AGENCY, in the penal sum of ___________________________________________________________ dollars ($____________________), which is ten percent (10%) of the total amount bid by PRINCIPAL to AGENCY for the above stated project, for the payment of which sum, PRINCIPAL and SURETY agree to be bound, jointly and severally, firmly by these presents.

The SURETY, for value received, hereby stipulates and agrees that the obligations of said SURETY and its BOND shall be in no way impaired or affected by any extension of the time within which the AGENCY may accept such Bid; and said SURETY does hereby waive notice of any such extension.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas PRINCIPAL is about to submit a bid to AGENCY for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by PRINCIPAL in the manner and time specified, and PRINCIPAL provides the required payment and performance bonds and insurance coverages to AGENCY, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this__ day of ......................................, 2023.

PRINCIPAL* .......................................................................................... ________________
_____________________________________________
_____________________________________________
SURETY* _____________________________________________
_____________________________________________
_____________________________________________
*Provide BIDDER and SURETY name, address and telephone number and the name, title, address and telephone number for their authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this ........... day of..............................., 2023.

NOTARY PUBLIC _______________________________________________ (SEAL)

SECTION C – Page 7

PROPOSAL INFORMATION AND DOCUMENT

BID GUARANTEE

COMMUNITY CENTER ROOF REPAIR
SPECIFICATION NO. CIP 22/23

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Note: The following statement shall be used if other than a bid surety bond accompanies bid. “Accompanying this proposal is a money order*, certified check*, cashier’s check*, cash*, payable to the order of the City of Los Alamitos in the amount of
_______________________________________________ Dollars ($__________________) which is at least ten percent (10%) of the total amount of this bid. The proceeds of this bid guarantee shall become the property of the City of Los Alamitos provided this bid is accepted by said City, through action of its legally constituted contracting authorities, and the undersigned fails to execute a contract and furnish the required bonds and insurance within the stipulated time. Otherwise, the proceeds of this bid guarantee shall be returned to the undersigned.”
NAME OF BIDDER: .......................................................................................................

MAILING ADDRESS: ....................................................................................................... ....................................................................................................... .......................................................................................................

AUTHORIZED SIGNATURE: .......................................................................................................

TITLE: .......................................................................................................

DATE: ....................................................................................................... (*Delete the inapplicable words)

SECTION C – Page 8

PROPOSAL INFORMATION AND DOCUMENT

BIDDER INFORMATION

COMMUNITY CENTER ROOF REPAIR
SPECIFICATION NO. CIP 22/23

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
BIDDER certifies that the following information is true and correct:

Name of Bidder:.................................................................................................................................

Business Address: ..............................................................................................................................

Telephone:…………………………………..FAX:………………………………………………
E-mail: ..............................................................................................................................................

Contractor’s License No.:……………………………………..Date License Issued: ...................... ………..

License Expiration Date:.................................................................................................................................

The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal: (Name / Title / Address / Telephone)
........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... ...........................................................................................................................................................

Any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: (Type of Judgment / Date)
........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... ...........................................................................................................................................................

All current and prior DBA’s, aliases, and/or fictitious business names for any principal having an interest in this proposal are as follows: (Principal / DBA’s / Applicable Dates) ........................................................................................................................................................... ...........................................................................................................................................................

Prior Disqualification

SECTION C – Page 9

PROPOSAL INFORMATION AND DOCUMENT
Has your firm ever been disqualified from performing work for any City, County, Public or Private Contracting entity? Yes / No _________. If yes, provide the following information. (If more than once, use separate sheets):

Date:.....................................................................Entity: ..................................................................

Location: ............................................................................................................................................

Reason:...............................................................................................................................................

Provide Status and any Supplemental Statement:.............................................................................. ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... ...........................................................................................................................................................

Has your firm been reinstated by this entity? Yes / No .........................................

Violations of Federal or State Law
A. Has your firm or its officers been assessed any penalties by any agency for noncompliance, violations of Federal or State labor laws and/or business or licensing regulations within the past five (5) years relating to your construction projects?
Yes / No: ................................... Federal / State: ............................................................................

If “yes”, identify and describe, (including status):............................................................................. ........................................................................................................................................................... ........................................................................................................................................................... ........................................................................................................................................................... ...........................................................................................................................................................

Have the penalties been paid? Yes / No:___________________

SECTION C – Page 10

PROPOSAL INFORMATION AND DOCUMENT
B. Does you firm or its officers have any ongoing investigations by any AGENCY regarding violations of the State Labor Code, California Business and Professions Code or State Licensing laws?
Yes / No: ................................. Codes / Laws:........................................... Section / Article:.........

If “yes”, identify and describe (including status):.............................................................................. ........................................................................................................................................................... ...........................................................................................................................................................

I declare under penalty of perjury under the laws of the State of California that all of the representations made in this BIDDER INFORMATION are true and correct. Executed this __________________ day of _______________________________, 2023, at _____________________________________, California.

Authorized Representative Signature and Title________________________________________

SECTION C – Page 11

PROPOSAL INFORMATION AND DOCUMENT

EXPERIENCE STATEMENT

COMMUNITY CENTER ROOF REPAIR
SPECIFICATION NO. CIP 22/23

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Pursuant to this BID PROPOSAL and QUALIFICATION OF BIDDERS, the following is a record of the Bidder’s experience in construction of a type similar in magnitude and character to that contemplated under this contract. Included in this section should be a complete list of references for similar projects in terms of scope of work, value of work, and time constraints. The Contractor must demonstrate that he/she has experience with this type of project and can manage this project effectively. If necessary, additional numbered pages can be attached to this page. The Contractor must be properly licensed to perform the work in this project as determined by the State Contractor’s License Board.

Project Title:__________________________________ Client: _______________________________ Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________ Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No
Project Title:__________________________________ Client: _______________________________ Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________ Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No

SECTION C – Page 12

PROPOSAL INFORMATION AND DOCUMENT
EXPERIENCE STATEMENT (Continued)

COMMUNITY CENTER ROOF REPAIR
SPECIFICATION NO. CIP 22/23

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Project Title:__________________________________ Client: _______________________________ Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________ Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No
Project Title:__________________________________ Client: _______________________________ Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________ Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No
I declare under penalty of perjury under the laws of the State of California that all of the representations made in this EXPERIENCE STATEMENT are true and correct. Executed this __________________ day of _______________________________, 20__, at _____________________________________, California.
_________________________________________________________________ Authorized Representative Signature and Title

SECTION C – Page 13

PROPOSAL INFORMATION AND DOCUMENT

DESIGNATION OF SUPPLIERS AND SUBCONTRACTORS

COMMUNITY CENTER ROOF REPAIR
SPECIFICATION NO. CIP 22/23

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The following is a list of subcontractors and suppliers, as defined in 2-3 SUBCONTRACTS of the Standard Specifications, who will perform work or provide materials of value in excess of one-half percent of the total bid price or $10,000, whichever is greater.

No subcontractor shall perform work in excess of the amount specified in 2-3 SUBCONTRACTS of the Standard Specifications, without the written approval of the Agency.

The Contractor is responsible to ensure that appropriate provisions are to be inserted in all subcontracts to bind subcontractors to the contract requirements as contained herein.

Each subcontractor must agree to comply with all applicable Federal, State, and local requirements.

Name and Address of
Subcontractor
Employer
Tax Id #
MBE/
WBE
(Y/N)
Work Subcontracted Portion of Work (% of
Contract Price)

SECTION C – Page 14

PROPOSAL INFORMATION AND DOCUMENT
Name and Address of
Subcontractor
Employer
Tax Id #
MBE/
WBE
(Y/N)
Work Subcontracted Portion of Work (% of
Contract Price)
These representations are made under the penalty of perjury under the laws of the State of California. The undersigned hereby certifies that each subcontractor has been notified in writing of its equal opportunity obligations.

NAME OF BIDDER: _________________________________________________________ AUTHORIZED SIGNATURE: __________________________________________________ Date: _____________________________

SECTION D – Page 1

CONTRACT INFORMATION AND DOCUMENT

SECTION D

COMMUNITY CENTER ROOF REPAIR
SPECIFICATION NO. CIP 22/23

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

CONTRACT INFORMATION AND DOCUMENTS

CONTRACT AGREEMENT

PAYMENT BOND

FAITHFUL PERFORMANCE BOND

MAINTENANCE BOND

NON-COLLUSION AFFIDAVIT
WORKER’S COMPENSATION INSURANCE CERTIFICATE

INSURANCE ENDORSEMENT

STATEMENT RE INSURANCE COVERAGE
STATEMENT RE THE CONTRACTOR’S LICENSING LAWS

SECTION D – Page 2

CONTRACT INFORMATION AND DOCUMENT

ARTICLES OF AGREEMENT

COMMUNITY CENTER ROOF REPAIR
SPECIFICATION NO. CIP 22/23

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
THIS COMMUNITY CENTER ROOF REPAIR, SPECIFICATION NO. CIP 22/23 AGREEMENT (“AGREEMENT”) is made and entered into for the above-stated project this __ day of Month, 2023 (Council Action Date Here), BY AND BETWEEN the City of Los Alamitos, a municipal corporation, hereafter designated as “AGENCY”, and CONTRACTOR’S BUSINESS NAME, a ____________ (State) ___________ (corporation, partnership, limited liability company, or other business form), hereafter designated as “CONTRACTOR.” WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:

ARTICLE I: Contract Documents
The contract documents for the COMMUNITY CENTER ROOF REPAIR NO. CIP 22/23, shall consist of the Notice Inviting Sealed Bids, Instructions To Bidders, Bid Proposal, Bid Schedule, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with two signed copies of the AGREEMENT, two signed copies of required bonds; one copy of the insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to ensure its completion in an acceptable manner (collectively referred to herein as the “Contract Documents”). All of the provisions of the Contract Documents are made a part hereof as though fully set forth herein.

ARTICLE II: Scope of Work
For and in consideration of the payments and agreements to be made and performed by AGENCY, CONTRACTOR agrees to furnish all materials and equipment and perform all work required for the above-stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents.

AGENCY hereby employs CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices provided herein, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in this AGREEMENT.

In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to this AGREEMENT, CONTRACTOR offers and agrees to assign to the AGENCY 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. Sec. 15) or under the Cartwright Act (Chapter 2 (Section 16700, et seq.) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to CONTRACTOR, without further acknowledgment by the parties.

SECTION D – Page 3

CONTRACT INFORMATION AND DOCUMENT
ARTICLE III: Compensation
A. CONTRACTOR agrees to receive and accept the prices set forth in the Bid Proposal and Bid Schedule as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. In no event shall the total compensation and costs payable to CONTRACTOR under this Agreement exceed the sun of Dollars ($....................... ,) unless specifically approved in advance and in writing by AGENCY Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

B. This AGREEMENT is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to Contractor of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This AGREEMENT hereby incorporates the provisions of Article 1.7 as though fully set forth herein.

C. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with AGENCY, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to CONTRACTOR upon Agency’s confirmation of CONTRACTOR’S satisfactory completion of this AGREEMENT. At any time during the term of this AGREEMENT CONTRACTOR may, at its own expense, substitute securities for funds otherwise withheld as retention (or the retained percentage) in accordance with Public Contract Code § 22300.

ARTICLE IV: Labor Code
AGENCY and CONTRACTOR acknowledge that this AGREEMENT is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and public agencies and agree to be bound by all the provisions thereof as though set forth fully herein. Full compensation for conforming to the requirements of the Labor Code and with other Federal, State and local laws related to labor, and rules, regulations and ordinances which apply to any work performed pursuant to this AGREEMENT is included in the price for all contract items of work involved.

This AGREEMENT is further subject to prevailing wage law, including, but not limited to, the following:

SECTION D – Page 4

CONTRACT INFORMATION AND DOCUMENT
A. The CONTRACTOR shall pay the prevailing wage rates for all work performed under the AGREEMENT. When any craft or classification is omitted from the general prevailing wage determinations, the CONTRACTOR shall pay the wage rate of the craft or classification most closely related to the omitted classification. The CONTRACTOR shall forfeit as a penalty to AGENCY $200.00 or any greater penalty provided in the Labor Code for each Calendar Day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done under the AGREEMENT in violation of the provisions of the Labor Code whether such worker is employed in the execution of the work by CONTRACTOR or by any Subcontractor under CONTRACTOR. In addition, CONTRACTOR shall pay each worker the difference between such prevailing wage rates and the amount paid to each worker for each Calendar Day, or portion thereof, for which each worker was paid less than the prevailing wage rate.

B. CONTRACTOR shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that CONTRACTOR is responsible for compliance with Section 1777.5 by all of its subcontractors.

C. Pursuant to Labor Code § 1776, CONTRACTOR and any subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this AGREEMENT. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Labor Code §§ 1811, and 1815 for any work performed by his or her employees on the public works project. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours as required by Labor Code § 1776.

D. This AGREEMENT is further subject to 8-hour work day and wage and hour penalty law, including, but not limited to, Labor Code Sections 1810 and 1813, as well as California nondiscrimination laws, as follows:

CONTRACTOR shall strictly adhere to the provisions of the Labor Code regarding the 8-hour day and the 40-hour week, overtime, Saturday, Sunday and holiday work and nondiscrimination on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or sexual orientation, except as provided in Section 12940 of the Government Code. Pursuant to the provisions of the Labor Code, eight hours’ labor shall constitute a legal day’s work. Work performed by CONTRACTOR’s employees in excess of eight hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight hours per day, or 40 hours during any one week, at not less than one and onehalf times the basic rate of pay. CONTRACTOR shall forfeit as a penalty to AGENCY $25.00 or any greater penalty set forth in the Labor Code for each worker employed in the execution of the work by CONTRACTOR or by any Subcontractor of CONTRACTOR, for each Calendar Day during which such worker is required or permitted to the work more than eight hours in one Calendar Day or more than 40 hours in any one calendar week in violation of the Labor Code.

SECTION D – Page 5

CONTRACT INFORMATION AND DOCUMENT
E. This AGREEMENT is subject to Public Contract Code Section 6109: CONTRACTOR shall be prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Sections 1777.1 or 1777.7 of the Labor Code.

ARTICLE V: Work Site Conditions
A. In compliance with and pursuant to Government Code Section 4215, AGENCY shall assume the responsibility, as between the parties to this AGREEMENT, for the timely removal, relocation, or protection of existing main- or trunk-line utility facilities located on the site of any construction project that is a subject of this AGREEMENT, if such utilities are not identified by AGENCY in the plans and specifications made a part of the invitation for bids. The Contract Documents shall include provisions to compensate CONTRACTOR for the costs of locating, repairing damage not due to the failure of CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work.

CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of AGENCY or the owner of a utility to provide for removal or relocation of such utility facilities.

B. To the extent that the work requires trenches in excess of five feet (5’) and is estimated to cost more than $25,000, prior to any excavation, CONTRACTOR must provide the AGENCY, or a registered civil or structural engineer employed by the AGENCY to whom authority has been delegated to accept such plans, 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. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders.

C. This AGREEMENT is further subject to Public Contract Code Section 7104 with regard to any trenches deeper than four feet (4’) involved in the proposed work as follows:

CONTRACTOR shall promptly, and before the following conditions are disturbed, notify AGENCY, in writing, of any:
(1) Material that CONTRACTOR believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by all available information provided prior to the deadline for submission of bids. (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.

AGENCY shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or involve hazardous waste, and cause a decrease or increase in CONTRACTOR’s cost

SECTION D – Page 6

CONTRACT INFORMATION AND DOCUMENT
of, or the time required for, performance of any part of the work, AGENCY shall issue a change order under the procedures described in this AGREEMENT.

In the event that a dispute arises between AGENCY 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 provided in the AGREEMENT, 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.

ARTICLE VI: Insurance
A. With respect to performance of work under this AGREEMENT, CONTRACTOR shall maintain, and shall require all of its subcontractors to maintain, insurance as required by Section E “Standard Specifications” of the Contract Documents.

B. This AGREEMENT is further subject to Workers’ Compensation obligations, including, but not limited to, California Labor Code Sections 1860 and 1861 as follows:

CONTRACTOR shall take out and maintain, during the life of this contract, Worker’s Compensation Insurance for all of CONTRACTOR’s employees employed at the site of improvement; and, if any work is sublet, CONTRACTOR shall require the subcontractor similarly to provide Worker’s Compensation Insurance for all of the latter’s employees, unless such employees are covered by the protection afforded by CONTRACTOR. CONTRACTOR and any of CONTRACTOR’s subcontractors shall be required to provide AGENCY with a written statement acknowledging its obligation to secure payment of Worker’s Compensation Insurance as required by Labor Code § 1861; to wit: ‘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.’ If any class of employees engaged in work under this AGREEMENT at the site of the Project is not protected under any Worker’s Compensation law, CONTRACTOR shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. CONTRACTOR shall indemnify and hold harmless AGENCY for any damage resulting from failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance.

ARTICLE VII: Indemnification
To the fullest extent permitted by law, CONTRACTOR shall, at its sole cost and expense, fully defend, indemnify and hold harmless AGENCY, its authorized representatives and their respective subsidiaries, affiliates, members, directors, officers, employees and agents (collectively, the “Indemnitees”) from and against any and all claims, actions, demands, costs, judgments, liens, penalties, liabilities, damages, losses, and expenses, including but not limited to any fees of accountants, attorneys or other professionals (collectively “Liabilities”), arising out of, in connection with, resulting from or related to, any act, omission, fault or negligence of

SECTION D – Page 7

CONTRACT INFORMATION AND DOCUMENT
CONTRACTOR, CONTRACTOR’s Representative, or any of its officers, agents, employees, Subcontractors or Suppliers, or any person or organization directly or indirectly employed by any of them (Collectively, the “Indemnitors”), in connection with or relating to or claimed to be in connection with or relating to the work performed under this AGREEMENT.

If CONTRACTOR is a joint venture or partnership, each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of CONTRACTOR that are assumed under or arise out of this AGREEMENT. Each of such venturers or partners waives notice of the breach or non-performance of any undertaking or obligation of CONTRACTOR contained in, resulting from or assumed under this AGREEMENT, and the failure to give any such notice shall not affect or impair such venturer’s or partner’s joint and several liability hereunder.

ARTICLE VIII: Binding Effect
AGENCY and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto and to its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. This AGREEMENT is not assignable nor the performance of either party’s duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.

ARTICLE IX: Dispute Resolution
A. In the event of a dispute arising out of the terms of this AGREEMENT, including any action brought to declare the rights granted herein or to enforce any of the terms of this AGREEMENT, the party prevailing in such dispute shall be entitled to all reasonable costs and litigation expenses actually incurred, including fees of attorneys and expert witnesses. Any court action arising out of this AGREEMENT shall be filed in the Los Angeles County Superior Court.

Any alternative dispute resolution proceeding arising out of this AGREEMENT shall be heard in the City of Los Angeles or the City of Los Alamitos, California.

B. AGENCY shall have full authority to compromise or otherwise settle any claim relating to this AGREEMENT or any part hereof at any time. AGENCY shall provide timely notification to CONTRACTOR of the receipt of any third-party claim relating to this AGREEMENT.

AGENCY shall be entitled to recover its reasonable costs incurred in providing the notification required by this section.

C. This AGREEMENT is further subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by Contractor, for the response to such claims by the Agency, for a mandatory meet and confer conference upon the request of Contractor, for mandatory nonbinding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the parties’ failure to resolve the dispute through mediation. This AGREEMENT hereby incorporates the provisions of Article 1.5 as though fully set forth herein.

ARTICLE X: Independent Contractor

SECTION D – Page 8

CONTRACT INFORMATION AND DOCUMENT
CONTRACTOR is and shall at all times remain as to AGENCY, a wholly independent contractor.

Neither AGENCY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR’s employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of AGENCY.

ARTICLE XI: Taxes
CONTRACTOR is responsible for paying all retail, sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this AGREEMENT.

The CONTRACTOR is responsible for ascertaining and arranging to pay such taxes and duties.

The prices established in this AGREEMENT shall include compensation for any taxes the CONTRACTOR is required to pay by laws and regulations in effect as of the execution of this AGREEMENT.

ARTICLE XII: Notices
All notices and communications shall be sent in writing to the parties at the following addresses:

AGENCY: Dave Hunt CONTRACTOR: [INSERT CONTACT]
CITY OF LOS ALAMITOS CONTRACTOR’S BUSINESS NAME
3191 Katella Avenue Mailing Street Address
Los Alamitos, CA 90720 City, State Zip Code
ARTICLE XIII: Entire Agreement
This AGREEMENT supersedes any and all other agreements, either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statement or promise not contained in this AGREEMENT shall not be valid or binding.

Any modification of this AGREEMENT will be effective only if signed by the party to be charged.

The benefits and obligations of this AGREEMENT shall inure to and be binding upon the representatives, agents, partners, heirs, successors and assigns of the parties hereto. This AGREEMENT shall be construed pursuant to the laws of the State of California.

ARTICLE XIV: Authority to Contract
The signatories hereto represent that they are authorized to sign on behalf of the respective parties they represent and are competent to do so, and each of the parties hereto hereby irrevocably waives any and all rights to challenge signatures on these bases.

SECTION D – Page 9

CONTRACT INFORMATION AND DOCUMENT
ARTICLE XV: General Provisions
A. All reports, documents or other written material (“written products” herein) developed by CONTRACTOR in the performance of this Agreement shall be and remain the property of AGENCY without restriction or limitation upon its use or dissemination by AGENCY.

CONTRACTOR may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by CONTRACTOR.

B. In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability, medical condition or any other unlawful basis.

C. The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph at the head of which it appears, the section or paragraph hereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

D. The waiver by AGENCY or CONTRACTOR of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained.

No term, covenant or condition of this Agreement shall be deemed to have been waived by AGENCY or CONTRACTOR unless in writing.

E. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies.

IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this AGREEMENT to be executed in duplicate by setting hereunto their names, titles, hands, and seals this Xth day of Month, 2023 (Council Action Date Here) CONTRACTOR: Contractor’s Business Name
__________________________________________
Contractor’s Sign Name, Title
Contractor’s License No. XXXXXX

SECTION D – Page 10

CONTRACT INFORMATION AND DOCUMENT
Subscribed and sworn to this _______ day of _________, 20__.

NOTARY PUBLIC ______________________________________________ (SEAL) AGENCY: ______________________________ __________
Mayor Date
City of Los Alamitos
ATTESTED: ______________________________ __________
Windmera Quintanar, MMC, City Clerk Date
City of Los Alamitos

APPROVED AS
TO FORM: ______________________________ __________
Michael S. Daudt, City Attorney Date
City of Los Alamitos
( E X E C U T E I N D U P L I C A T E )

SECTION D – Page 11

CONTRACT INFORMATION AND DOCUMENT

PAYMENT BOND

COMMUNITY CENTER ROOF REPAIR
SPECIFICATION NO. CIP 22/23

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
WHEREAS, the City of Los Alamitos, as AGENCY has awarded to Contractor’s Business Name, as CONTRACTOR, a contract for the above-stated project;
AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract, to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law.

NOW THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held and firmly bound unto AGENCY in the sum of [DESCRIBE VERBALLY; 100% OF TOTAL CONTRACT AMOUNT—TO BE INSERTED BY CONTRACTOR]Dollars ($XXX,XXX.XX) which is one hundred percent (100%) of the total contract amount for the above-stated project, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION IS SUCH that if CONTRACTOR, its heirs, executors, administrators, successors, assigns or subcontractors, shall fail to pay any of the persons named in Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor withheld, and to pay over to the Employment Development Department from the wages of employees of the CONTRACTOR and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the surety or sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, SURETY will pay reasonable attorneys’ fees to the plaintiffs and AGENCY in an amount to be fixed by the court.

This bond shall inure to the benefit to any of the persons named in Civil Code Section 3181 as to give a right of action to such persons or their assigns in any suit brought upon this bond.

The SURETY hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the specifications accompanying it shall in any manner affect SURETY’s obligations on this bond. The SURETY hereby waives notice of any such change, extension, alteration or addition and hereby waives the requirements of Section 2845 of the Civil Code as a condition precedent to any remedies AGENCY may have.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of ________________, 20__.

Contractor* Contractor’s Signer’s Name, Title
Contractor’s Business Name
Mailing Street Address
City, State, Zip Code
Telephone #
Surety* _________________________________________________ _________________________________________________
_________________________________________________
________________________________________________
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for the respective authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this___ day of _____________________, 20__.

NOTARY PUBLIC........................................................................................................ (SEAL)

SECTION D – Page 12

CONTRACT INFORMATION AND DOCUMENT
(E X E C U T E I N D U P L I C A T E)

FAITHFUL PERFORMANCE BOND

COMMUNITY CENTER ROOF REPAIR
SPECIFICATION NO. CIP 22/23

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
KNOW ALL PERSONS BY THESE PRESENTS That Contractor’s Business Name, hereinafter referred to as “CONTRACTOR” as PRINCIPAL, and , a corporation
duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF LOS ALAMITOS, CALIFORNIA, hereinafter referred to as the “AGENCY” in the sum of [DESCRIBE VERBALLY; 100% OF TOTAL CONTRACT AMOUNT—TO BE INSERTED BY CONTRACTOR]Dollars ($XXX,XXX.XX); which is one hundred percent (100%) of the total contract amount for the above stated project; lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas CONTRACTOR has been awarded and is about to enter into a Contract with AGENCY to perform all work required pursuant to the contract documents for the project entitled: COMMUNITY CENTER ROOF REPAIR, SPECIFICATION NO. CIP 22/23 CONTRACT which Contract is by this reference incorporated herein, and is required by AGENCY to give this Bond in connection with the execution of the Contract; NOW, THEREFORE, if CONTRACTOR and his or her Subcontractors shall well and truly do and perform all the covenants and obligations of the Contract on his or her part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect;
PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of the Contract, shall not in any way release CONTRACTOR or the Surety thereunder, nor shall any extensions of time granted under the provisions of the Contract release either CONTRACTOR or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety.

In the event suit is brought upon this Bond by AGENCY and judgment is recovered, said Surety shall pay all costs incurred by AGENCY in such suit, including a reasonable attorney’s fee to be fixed by the Court.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this_____day of , 20__
Contractor* Name, Title of Signer SURETY*………………………………………….

Contractor’s Business Name ……………………………………………
Mailing Street Address ……………………………………………
City, State, Zip Code ……………………………………………
Telephone # ……………………………………………
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for their respective authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this___ day of ______________ , 20__ NOTARY PUBLIC..................................................................................................(SEAL) (E X E C U T E I N D U P L I C A T E)

SECTION D – Page 13

CONTRACT INFORMATION AND DOCUMENT

MAINTENANCE BOND

COMMUNITY CENTER ROOF REPAIR
SPECIFICATION NO. CIP 22/23

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
KNOW ALL PERSONS BY THESE PRESENTS THAT WHEREAS, the City of Los Alamitos, as AGENCY has awarded to Contractor’s Business Name, as CONTRACTOR, a contract for the above-stated project.

AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract guaranteeing maintenance thereof;
NOW, THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held firmly bound unto AGENCY in the sum of DESCRIBE VERBALLY; 50% OF TOTAL CONTRACT AMOUNT—TO BE INSERTED BY CONTRACTOR]Dollars ($XXX,XXX.XX), which is fifty percent (50%) of the total contract amount for the above-stated project to be paid to AGENCY, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if CONTRACTOR shall remedy without cost to AGENCY any defects which may develop during a period of one (1) year from the date of recordation of the Notice of Completion of the work performed under the contract, provided such defects are caused by defective or inferior materials or work, then this obligation shall be void; otherwise, it shall be and remain in full force and effect. In case suit is brought upon this bond, SURETY will pay reasonable attorneys’ fees to the AGENCY in an amount to be fixed by the court.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this____ day of ......................................, 20__.

Contractor* Contractor’s Signer’s Name, Title
Contractor’s Business Name
Mailing Street Address
City, State, Zip Code
Telephone #
SURETY* ______________________________________________
______________________________________________
______________________________________________
______________________________________________
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for their respective authorized representatives. Powers of Attorney must be attached.

Subscribed and sworn to this ........... day of..............................., 20__.

NOTARY PUBLIC.................................................................................................. (SEAL)

SECTION D – Page 14

CONTRACT INFORMATION AND DOCUMENT
(EXECUTE IN DUPLICATE)

NON-COLLUSION AFFIDAVIT
The undersigned declares:

I am the _______________ of _______________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.

The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on _______[date], at _____________[city], ______________[state].
__________________________
Signature of Declarant
__________________________
Printed Name of Declarant

SECTION D – Page 15

CONTRACT INFORMATION AND DOCUMENT
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

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.

DATE: Contractor’s Business Name .
(Contractor)
By:
(Signature)

(Title)
Attest:

By:
(Signature)

(Title)
Note: See Section 7 Responsibility of the Contractor, Paragraph 7-3 of the Standard Specifications for insurance carrier rating requirements.

SECTION D – Page 16

CONTRACT INFORMATION AND DOCUMENT

ENDORSEMENTS TO INSURANCE POLICY

Name of Insurance Company:

Policy Number:

Effective Date:

The following endorsements are hereby incorporated by reference into the attached Certificate of Insurance as though fully set forth thereon:

1. The naming of an additional insured as herein provided shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured, and

2. The additional insured named herein shall not be held liable for any premium or expense of any nature on this policy or any extensions thereof, and

3. The additional insured named herein shall not by reason of being so named be considered a member of any mutual insurance company for any purpose whatsoever, and

4. The provisions of the policy will not be changed, suspended, canceled or otherwise terminated as to the interest of the additional insured named herein without first giving such additional insured twenty (20) days’ written notice.

5. Any other insurance held by the additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance, which is referred to by this certificate.

6. The company provided insurance for this certificate is a company licensed to do business in the State of California with a Best’s rating of A+ VIII or greater.

It is agreed that the City of Los Alamitos, its officers and employees, are included as Additional Insureds under the contracts of insurance for which the Certificate of Insurance is given.

Authorized Insurance Agent
Date:

SECTION D – Page 17

CONTRACT INFORMATION AND DOCUMENT

STATEMENT REGARDING INSURANCE COVERAGE

COMMUNITY CENTER ROOF REPAIR
SPECIFICATION NO. CIP 22/23

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
The undersigned representative of Bidder hereby certifies that he/she has reviewed the insurance coverage requirements specified in 7-3 LIABILITY INSURANCE of Section E, Standard Specifications. Should Bidder be awarded the contract for the work, the undersigned further certifies that Bidder can meet all of these specification requirements for insurance including insurance coverage of his/her subcontractors.

NAME OF BIDDER: .......................................................................................................

MAILING ADDRESS: ....................................................................................................... ....................................................................................................... .......................................................................................................

AUTHORIZED SIGNATURE: .......................................................................................................

TITLE: .......................................................................................................

DATE: .......................................................................................................

SECTION D – Page 18

CONTRACT INFORMATION AND DOCUMENT
STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS

COMMUNITY CENTER ROOF REPAIR
SPECIFICATION NO. CIP 22/23

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
[Business & Professions Code § 7028.15]
[Public Contract Code § 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor’s license as set forth below:

Business & Professions Code § 7028.15:
a) It is a misdemeanor for any person to submit a bid to a public agency to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases:
(1)The person is particularly exempted from this chapter. (2)The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code.
b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both.

In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, “the price of the contract” for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed.
c) This section shall not apply to a joint venture license, as required by Section 7029.1.

However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his/her individual licenser. d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered nonresponsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any contract awarded to, or any purchase order issued to, as contractor who is not licensed pursuant to this chapter is void.

SECTION D – Page 19

CONTRACT INFORMATION AND DOCUMENT
f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.

Public Contract Code § 20103.5:

In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state.

However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors’ State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors’ State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder.

Contractors License Number: _____________________________________________ License Expiration Date: _____________________________________________ Authorized Signature: _____________________________________________ Date: _____________________________________________

SECTION E - Page 1

STANDARD SPECIFICATIONS

SECTION E

COMMUNITY CENTER ROOF REPAIR
SPECIFICATION NO. CIP 22/23

IN THE CITY OF LOS ALAMITOS, CALIFORNIA

STANDARD SPECIFICATION
0-1 STANDARD SPECIFICATIONS
Except as hereinafter amended, the provisions of the 2018 Edition of the “Green Book,” Standard Specifications for Public Works Construction (“SSPWC”), with the latest Supplements, prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, and these modifications thereto are adopted as the “Standard Specifications” for the Agency. These Standard Specifications will be numbered as Sections 0 through 600 per the SSPWC.

Architecture Standards shall conform to Construction Specifications Institute (“CSI”). 0-2 NUMBERING OF SECTIONS
The numbering of sections and subsections in these amendments and modifications are compatible with the numbering of sections in the SSPWC. The Special Provisions stated below will be numbered as Sections 700 through 799. Subsections of architectural work may be numbered according to the Construction Specifications Institute (“CSI”) format.
0-3 AMENDMENTS AND MODIFICATIONS
The following sections of the SSPWC are amended as provided herein. In the event of any inconsistencies between the amendments outlined herein and the SSPWC, these amendments shall control. 1-2 DEFINITIONS
Add the following:

Agent—Shall include persons and companies, other than the Contractor, retained by the City to perform design and construction services in relation to the Work.

Acceptance—The Agency’s formal written acceptance of a project that has been completed in all respects in accordance with the plans and specifications and any modifications thereof.

City—The City of Los Alamitos, California, as the Agency and Owner.

City Council—City Council of the City of Los Alamitos, California.

Construction Manager—Persons and/or company retained by the City to perform construction management services.

Design Engineer—Persons and/or company retained by the City to perform engineering design services.

Due Notice—A written notification, provided in due time, of a proposed action, where the contract requires such notification within a specified time (usually 48 hours or two working days) prior to the commencement of the contemplated action.

SECTION E - Page 2

STANDARD SPECIFICATIONS
Engineer—The City Engineer of the City of Los Alamitos, or his/her authorized representative.

Geotechnical Engineer—Person licensed to practice Soils Engineering or Geotechnical Engineering pursuant to the laws of the State of California and retained by the Agency during construction.

Prompt—The briefest interval of time required for a considered reply, including time required for approval by a governing body.

Standard Plans—“Standard Plans for Public Works Construction” - Latest edition of the Southern California Chapter of the American Public Works Association.

State Standard Specifications (“SSS”)—Standard Specifications prepared by the State of California, Business and Transportation Agency, Department of Transportation.

State Standard Plans (“SSP”)—Standard Plans prepared by State of California, Business and Transportation Agency, Department of Transportation.

Working Days—Any days, except: (1) Saturdays, Sundays, legal holidays on which Los Alamitos City Hall is closed for business; (2) days when work is suspended by the Engineer for reasons unrelated to the performance of the contractor and provided in Subsections 6-3 and 6-3.1; and (3) days determined to be non-working in accordance with Section 6-7 “Time of Completion”. 1-3.3 INSTITUTIONS
Add the following:

ACI American Concrete Institute
AGCA Associated General Contractors of America
APWA American Public Works Association
ASME American Society of Mechanical Engineers
CRSI Concrete Reinforcing Steel Institute
CSI Construction Specifications Institute
CBC California Building Code
IEEE Institute of Electric and Electronic Engineers
NFPA National Fire Protection Association
SSS State of California Standard Specifications, latest edition, Department of Transportation SSP State of California Standard Plans, latest edition, Department of Transportation.

SSPWC Standard Specifications for Public Works Construction, as specified in Subsection 0-1 NEMA National Electrical Manufacturers Association
1-6 BIDDING AND SUBMISSION OF THE BID

SECTION E - Page 3

STANDARD SPECIFICATIONS
1-6.2 GENERAL
Delete the third paragraph and replace with the following:

Subcontracting of more than one-half of one percent of the work for which no Subcontractor was designated in the original Bid will be allowed only in cases of public emergency or necessity and only after the Engineer makes a written finding of circumstances constituting public emergency or necessity.

Delete the fourth paragraph and replace with the following:

The Contractor must obtain written consent of the City Council to substitute a Subcontractor designated in the original Bid, to permit any subcontract to be assigned or transferred, or to otherwise allow a subcontract to be performed by anyone other than the originally designated Subcontractor.

Delete the fifth paragraph and replace with the following:

A violation of any of the above provisions will be considered a violation of the Contract, and the City may cancel the Contract and collect appropriate damages or assess the Contractor a penalty of not more than ten (10) percent of the subcontract involved.

Add the following:

If subcontracted work is not being performed in a satisfactory manner, the City will notify the Contractor of the need to take corrective action and the Engineer may report the facts to the City Council. Upon order by City Council and the Contractor’s receipt of written instructions from the Engineer, the Subcontractor shall immediately be removed from the Work and may not again be employed on the Work. 1-7 AWARD AND EXECUTION OF THE CONTRACT
1-7.1 GENERAL
Add the following:

The City reserves the right to reject any or all proposals.

The Contract will be awarded, if at all, to the lowest responsible and responsive Bidder determined as provided on the Proposal Form, whose proposal complies with all the requirements prescribed. Such award, if made, will be made within the number of days stated in the proposal form. Refusal or failure to deliver the executed contract, bonds, or insurance in the form provided in the Contract and approved by the Agency’s attorney within the time provided herein shall be cause, at the Agency’s option, for the annulment of the award and forfeiture of the bid security. In such event, the Agency may successively award the Contract to the next lowest responsible and responsive Bidder until a properly executed Contract, bonds, and insurance is obtained, or it may at any time reject all remaining bids and proceed as provided by law.

The refusal or failure of a successive lowest responsible and responsive Bidder to execute the Contract may, at the Agency’s option, result in an annulment of the award to that Bidder and the forfeiture of that Bidder’s bid security. The periods of time specified above within which the award of the Contract may be made shall be subject to extension for such further period as may be agreed upon in writing between the Agency and the concerned Bidder.

The Agency reserves the right to waive any irregularities.

SECTION E - Page 4

STANDARD SPECIFICATIONS
Within ten (10) calendar days after the date of the Notice of Award, the Contractor shall execute and return the following contract documents to the Agency:

Contract Agreement (in duplicate)
Faithful Performance Bond (in duplicate)
Maintenance Bond (in duplicate)
Payment Bond (in duplicate)
Public Liability and Property Damage Insurance Certificate (two original) Additionally Insured Endorsement
Workers’ Compensation Insurance Certificate (two original) A corporation to which an award is made may be required, before the Contract agreement is executed by the Agency, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so.
1-7.2 CONTRACT BONDS
Add the following:

The PAYMENT BOND shall remain in force until thirty-five (35) days after the date of recordation of the Notice of Completion. The FAITHFUL PERFORMANCE BOND shall remain in force until the date of recordation of the Notice of Completion. The MAINTENANCE BOND shall remain in force until one (1) year after the date of recordation of the Notice of Completion.

All bonds must be accompanied by a Power of Attorney
SECTION 2 – SCOPE OF THE WORK
2-1 WORK TO BE DONE
Add the following paragraphs and subsections to Section 2-1:

Any plan or method of work suggested by the Agency or the Engineer to the Contractor but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Agency and the Engineer shall assume no responsibility therefore and in no way be held liable for any defects in the work which may result from or be caused by use of such plan or method of work.

The work includes, but is not necessarily limited to, the following items as shown on the plans and specified in these Special Provisions:
2-1.1 COMMUNITY CENTER ROOF REPAIR
Furnish all labor, materials, tools, and equipment for the repair of sloped roofs and flat roof. The work includes removing, salvaging, and re-installing existing roof tiles, installing new roof tiles, installing plywood, repairing fascia board, repairing wood decks, painting surfaces, incidentals, and all other work as specified in the specifications and details to for the repair of roofs complete in place. 2-1.2 COMMUNITY CENTER HALLS INTERIOR PAINTING

SECTION E - Page 5

STANDARD SPECIFICATIONS
Furnish all labor, materials, tools, and equipment for painting the interior of the community center event halls. The work includes surface preparation, applying paint per manufacturers specifications and all other work as specified in the specifications and details to for interior painting. 2-1.3 LIGHTING COMMUNITY CENTER HALLS INTERIOR PAINTING Furnish all labor, materials, tools, and equipment for replacing light fixtures of the community center event halls. The work includes removal of existing fixtures and installing a new LED light fixtures per manufacturer specifications and applicable local codes. 2-2 PERMITS
Delete the first paragraph and replace with the following:

Prior to the start of any work, the Contractor shall apply for and receive any applicable City, County, State, and Federal permits.
2-3 RIGHT-OF-WAY
Add the following:

When the Contractor arranges for additional work areas and facilities temporarily required by him/her, he/she shall provide the Agency with proof that the additional work areas and/or facilities have been left in a condition satisfactory to the owner(s) of said work areas and/or facilities prior to acceptance of the work. 2-4 COOPERATION AND COLLATERAL WORK
Add the following:

Contractor shall coordinate his/her work so as to minimize disruption to ongoing or scheduled private development projects in the project area.
2-7 CHANGES INITIATED BY THE AGENCY
2-7.1 GENERAL
Add the following:

All final locations determined in the field, and any deviations from the Plans and Specification, shall be marked in red on the documents to show the as-built conditions. Contractor shall maintain a complete and accurate record of all changes of construction from that shown in these plans and specifications for the purpose of providing a basis for construction record drawings. No changes shall be made without prior written approval of the Engineer. Upon completion of the Project, Contractor shall deliver this record of all construction changes to the Engineer along with a letter which declares that other than these noted changes “the Project was constructed in conformance with the Contract Documents”. Final payment will not be made until this requirement is met.

As the figured dimensions shown on the drawings and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions shall be followed in preference to the scaled dimensions, and drawings to a large scale shall be followed in preference to the drawings to a small scale.

Should it appear that the work to be performed, or any related matter, are not sufficiently detailed or explained in the Contract documents, the Contractor shall apply to the Engineer for such further

SECTION E - Page 6

STANDARD SPECIFICATIONS
explanations as necessary and shall conform to such further explanations provided by the Engineer as part of the Contract to the extent that it is consistent with the terms of the Contract.

Caution: The engineer preparing these plans will not be responsible or liable for unauthorized changes to or uses of these plans. All changes to the plans must be approved in writing by the Engineer.

SECTION 3 – CONTROL OF THE WORK
3-3 SUBCONTRACTORS
Delete the first paragraph and replace with the following:

All persons engaged in the Work, including Subcontractors and their employees, will be considered employees of the Contractor. The Contractor will be held responsible for their work. The Agency will deal directly and solely with the Contractor and make all payments to the Contractor. 3-5 INSPECTION
Add the following:

The Agency shall inspect for compliance with requirements for 8-hour days and 40-hour weeks on normal working days. The Contractor shall reimburse the Agency, at rates established by the Agency, for any additional inspection, including inspection on legal holidays. 3-12 WORK SITE MAINTENANCE
3-12.2 AIR POLLUTION CONTROL
Add the following Subsection:
3-12.2.1 WORK AREA APPEARANCE
The Contractor shall maintain a neat appearance to the Work.

All unsuitable construction materials and rubbish and debris shall be regularly removed from the job site, be transported to a suitable location, and be disposed of in a proper and legal manner.

In any area visible to the public, the following shall apply:

1. Broken concrete and debris developed during clearing and grubbing shall be disposed of weekly.

2. The Contractor shall furnish trash bins for all debris from structure construction. All debris shall be placed in trash bins daily.
3-12.3 NOISE CONTROL
Add the following:

A noise level limit of 85 dba at a distance of fifty (50) feet shall apply to all construction equipment on or related to the job, whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases where required for the protection of personnel.

SECTION E - Page 7

STANDARD SPECIFICATIONS
The Contractor shall arrange and maintain a secure storage site for all equipment and materials. All equipment and unused materials shall be returned to this site at the end of each workday. 3-13 COMPLETION AND ACCEPTANCE
3-13.3 WARRANTY
Add the following:

The Contractor shall warrant and guarantee the entire Work and all parts thereof, including that performed and constructed by subcontractors, and others employed directly or indirectly on the Work, against faulty or defective materials, equipment or workmanship for the maximum period provided by law. In addition thereto, for a period of one (1) year commencing on the date of acceptance of the Work, the Contractor shall, upon the receipt of notice in writing from the Agency, promptly make all repairs arising out of defective materials, workmanship or equipment and bear the cost thereof. The Agency is hereby authorized to make such repairs and the Contractor and Surety shall bear the cost thereof if, ten (10) days after the giving of such notice to the Contractor, the Contractor has failed to make or undertake with due diligence the repairs; provided, however, that, in the case of an emergency where, in the opinion of the Agency, delay could cause serious loss or damage, repairs may be made without notice being sent to the Contractor or Surety, and all expense in connection therewith shall be charged to the Contractor and Surety.

For the purpose of this article “Acceptance of the Work” shall mean the acceptance of the Work by the Agency in accordance with Subsection 3-13.2 but not for the purpose of extinguishing any covenant or agreement or agreement on the part of the Contractor to be performed or fulfilled under this Contract, which has not in fact been performed or fulfilled at the time of such acceptance all of such covenants and agreements, shall continue to be binding on the Contractor until they have been fulfilled.

The effective date of Acceptance of the Work and commencement of the Guarantee shall be the date of acceptance of the Notice of Completion by the City Council.

The following subsection is added to Subsection 3-13 of the SSPWC. 3-13.4 General Guaranty
The Contractor shall remedy any defects in the Work and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. The Agency will give notice of observed defects with reasonable promptness.

SECTION 4 – CONTROL OF MATERIAL
4-1 GENERAL
Add the following:

The Contractor and all subcontractors, suppliers, and vendors shall guarantee that the entire Work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship. The Contractor, at no cost to the Agency, shall make any repairs or replacements made necessary by defects in materials, equipment, or workmanship that become evident within twenty years after the date of recordation of the Notice of Completion. Within this twenty-year period, the Contractor shall also restore to full compliance with the requirements of this Contract any portion of the Work which is found not to meet those requirements. The Contractor shall defend, indemnify, and hold the Agency, its officers, agents, and employees harmless from claims of any kind due to injuries or damages arising, directly or indirectly, from said defects or noncompliance.

SECTION E - Page 8

STANDARD SPECIFICATIONS
The Contractor shall make all repairs, replacements, and restorations within thirty-five (35) days after the date of the Engineers’ written notice.

If, in the opinion of the Engineer, the defective work is not of sufficient magnitude or importance to make the work dangerous or undesirable, or if, in the opinion of the Engineer, the removal of such work is impractical or will create conditions which are dangerous or undesirable, the Agency shall have the right and authority to retain such work instead of requiring it to be removed and reconstructed, but will make such deductions thereof in the payments due or to become due to the Contractor as the Agency may deem just and reasonable.
4-6 TRADE NAMES
Delete the third sentence of the second paragraph and replace with the following:

Approval of equipment and materials offered as equivalents to those specified must be obtained prior to the opening of bids as set forth in the Instructions to Bidders.

Add the following:

Along with information supplied by the Contractor regarding equivalency of the proposed item, the Contractor shall clearly identify all deviations from the specified item. Deviations discovered by the Engineer after acceptance of an “or equal” item which were not identified by the Contractor with his/her submittal shall be cause for rejection of the “or equal” item. Contractor shall be due no additional compensation in time or money for acceptance or rejection of a proposed “or equal” item and subsequent replacement with the item specified. Contractor shall pay cost to Agency for items requiring more than two submittals and analysis of any shop drawing which requires more than a general review of an “or equal” item.

SECTION 4 – LEGAL RELATIONS AND RESPONSIBILITIES
5-3 LABOR
5-3.1 General
Add the following:

The Contractor shall ensure unlimited access to the job site for all Equal Opportunity Compliance officers.

Every Contractor and Subcontractor shall keep an accurate record showing the name, occupation, and the actual per diem wages paid to each worker employed by him/her in connection with the public work. The record shall be kept open at all reasonable hours to the inspection of the body awarding the Contract and to the Division of Labor Law Enforcement.

Add the following Subsection:
5-3.4.1 OVERTIME AND SHIFT WORK
The Contractor may establish overtime and shift work as a regular procedure only with the written permission of the Engineer. Such permission may be revoked at any time. No work other than overtime and shift work established as a regular procedure shall be done between the hours of 4:00 p.m. and 7:30 a.m., nor on Saturdays, Sundays or legal holidays, except such work as is necessary for the proper care and protection of the work already performed or except in case of an emergency.

SECTION E - Page 9

STANDARD SPECIFICATIONS
All costs for overtime inspection, except those occurring as a result of overtime and shift work established as a regular procedure, shall be paid by the Contractor. Overtime inspection shall include inspection required during holidays observed by the AGC and Trade Unions, Saturdays, Sundays, and any weekday between the hours of 4:00 p.m. and 7:30 a.m.. Such costs will include but will not necessarily be limited to engineering, inspection, general supervision and other overhead expenses that are directly chargeable to the overtime work. The Agency shall deduct all such charges from payments due the Contractor. 5-4.2 GENERAL LIABILITY INSURANCE
Section 5-4.2 is replaced in its entirety as follows:
5-4.2.1 GENERAL. CONTRACTOR and AGENCY agree that Agency, its employees, agents and officials should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the parties to be interpreted and construed to provide the fullest protection possible under the law to the Agency. CONTRACTOR acknowledges that AGENCY would not have entered into this Agreement in the absence of the commitment of CONTRACTOR to indemnify and protect AGENCY as set forth here.
5-4.2.2 To the full extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless AGENCY, its employees, agents and officials, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, actual attorney’s fees incurred by AGENCY, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of, arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the performance of this Agreement. All obligations under this provision are to be paid by CONTRACTOR as they are incurred by the AGENCY. 5-4.2.3 Without affecting the rights of AGENCY under any provision of this agreement or this section, CONTRACTOR shall not be required to indemnify and hold harmless AGENCY as set forth above for liability attributable to the sole fault of AGENCY, provided such sole fault is determined by agreement between the parties or the findings of a court of competent jurisdiction.

This exception will apply only in instances where the AGENCY is shown to have been solely at fault and not in instances where CONTRACTOR is solely or partially at fault or in instances where AGENCY’s fault accounts for only a percentage of the liability involved. In those instances, the obligation of CONTRACTOR will be all-inclusive and AGENCY will be indemnified for all liability incurred, even though a percentage of the liability is attributable to the conduct of the AGENCY. 5-4.2.4 CONTRACTOR acknowledges that its obligation pursuant to this section extends to liability attributable to AGENCY, if that liability is less than the sole fault of AGENCY. CONTRACTOR has no obligation under this Agreement for liability proven in a court of competent jurisdiction or by written agreement between the parties to be the sole fault of AGENCY. 5-4.2.5 The obligations of CONTRACTOR under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to AGENCY, its employees, agents and officials.
5-4.2.6 CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those as set forth here in this section from each and every subcontractor, sub-tier contractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance or subject matter of this

SECTION E - Page 10

STANDARD SPECIFICATIONS
Agreement. In the event CONTRACTOR fails to obtain such indemnity obligations from others as required here, CONTRACTOR agrees to be fully responsible according to the terms of this section. 5-4.2.7 Failure of AGENCY to monitor compliance with these requirements imposes no additional obligations on AGENCY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend AGENCY as set forth herein is binding on the successors, assigns or heirs of CONTRACTOR and shall survive the termination of this Agreement or this section. 5-4.2.8 CONTRACTOR agrees to provide insurance in accordance with the requirements as set forth here.

If CONTRACTOR uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so. The following coverages will be provided by CONTRACTOR and maintained on behalf of AGENCY and in accordance with the requirements set forth herein. 5-4.2.9 Commercial General Liability/Umbrella Insurance. Primary insurance shall be provided on ISOCGL form No. CG 00 01 11 85 or 88. Total limits shall be not less than two million dollars ($2,000,000.00) per occurrence for all coverages and two million dollars ($2,000,000.00) general aggregate. AGENCY and its officers, agents and employees shall be named as additional insureds using ISO additional insureds endorsement form CG 20 10 11 85 (in no event will AGENCY accept an endorsement form with an edition date later than 1990). Coverage shall apply on a primary non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to AGENCY or any employee or agent of AGENCY. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Umbrella Liability Insurance (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum, and shall include a “drop down” provision providing primary coverage above a maximum of $25,000.00 self-insured retention for liability not covered by primary policies but covered by the umbrella policy. Coverage shall be following form to any underlying coverage. Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion. Policies shall have concurrent starting and ending dates.

Each policy of insurance shall contain a clause prohibiting cancellation, modification or lapse without thirty (30) days prior written notice having been given to the City. All insurance policies shall be subject to approval by the City Attorney and certificates evidencing such policies shall be provided to the City concurrently with the filing of all required bonds.

5.4.2.10 Business Auto/Umbrella Liability Insurance. Primary coverage shall be written on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto). Limits shall be no less than two million dollars ($2,000,000.00) per accident. Starting and ending dates shall be concurrent. If CONTRACTOR owns no autos, a non-owned auto endorsement to the General Liability policy drafted above is acceptable.
5-4.3 WORKERS’ COMPENSATION INSURANCE
Section 5-4.3 shall be replaced in its entirety as follows:
5-4.3.1 Workers’ Compensation/Employers’ Liability shall be written on a policy form providing workers’ compensation statutory benefits as required by law. Employers’ liability limits shall be no less than one million dollars per accident or disease. Employers’ liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the AGENCY, its officers, agents or employees. 5-4.3.2 CONTRACTOR and AGENCY further agree as follows:

SECTION E - Page 11

STANDARD SPECIFICATIONS
5-4.3.2.1 This Section supersedes all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 5-4.3.2.2 Nothing contained in this Section is to be construed as affecting or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Section are intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such. 5-4.3.2.3 All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available, or applicable. Nothing contained in this Agreement or any other agreement relating to the AGENCY or its operations limits the application of each insurance coverage. 5-4.3.2.4 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 and is not intended by any party to be all-inclusive, or to the exclusion of other coverage, or a waiver of any type. 5-4.3.2.5 For purposes of insurance coverage only, this Agreement shall be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
5-4.3.2.6 All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit CONTRACTOR, and CONTRACTOR’s agents, officers, or employees from waiving the right of subrogation prior to a loss.

Contractor hereby waives all rights of subrogation against AGENCY. 5-4.3.2.7 Unless otherwise approved by AGENCY, CONTRACTOR’s insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best’s” Insurance Guide rating of “A:VII.” Self-insurance will not be considered to comply with these insurance specifications. 5-4.3.2.8 In the event any policy of insurance required by this Agreement does not comply with these requirements or is canceled and not replaced, AGENCY has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by AGENCY will be promptly reimbursed by CONTRACTOR.

Upon CONTRACTOR’s failure to make such reimbursement within 30 days of written demand, AGENCY may deduct that sum from any monies due CONTRACTOR hereunder or otherwise. 5-4.3.2.9 CONTRACTOR agrees to provide evidence of the insurance required herein, satisfactory to AGENCY, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional insured endorsement to CONTRACTOR’s general liability and umbrella liability policy (if any) using ISO form CG 20 10 11 85. Certificate(s) are to reflect that the insurer will provide 30 days’ notice of any cancellation of coverage. CONTRACTOR agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

CONTRACTOR agrees to provide complete copies of policies to AGENCY upon request. 5-4.3.2.10 CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof shall be furnished within 72 hours of the expiration of the coverages. 5-4.3.2.11 Any actual or alleged failure on the part of AGENCY or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of AGENCY or any additional insured, in this or any other regard. 5-4.3.2.12 CONTRACTOR agrees to require all subcontractors or other parties hired for this project to provide general liability insurance naming as additional insureds all parties to this Agreement.

SECTION E - Page 12

STANDARD SPECIFICATIONS
CONTRACTOR agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. CONTRACTOR agrees to require that no contract used by any subcontractor, or contracts CONTRACTOR enters into on behalf of AGENCY, will reserve the right to charge back to AGENCY the cost of insurance required by this Agreement. CONTRACTOR agrees that upon request, all agreements with subcontractors or others with whom CONTRACTOR contracts on behalf of AGENCY will be submitted to AGENCY for review. Failure of AGENCY to request copies of such agreement will not impose any liability on AGENCY, its officers, agents, or employees. 5-4.3.2.13 If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its Managers, Affiliates, employees, agents and other persons necessary or incidental to its operations are insureds. 5-4.3.2.14 CONTRACTOR agrees to provide immediate notice to AGENCY of any claim or loss against CONTRACTOR that includes AGENCY as a defendant. AGENCY assumes no obligation or liability by such notice but has the right (but not the duty) to monitor the handling of any such claim or claims. 5-7 SAFETY
Add the following:

At the pre-construction meeting, the Contractor shall submit his/her complete construction schedule to the Engineer for approval. The Contractor shall submit requests for changes in the schedule to the Engineer for approval at least forty-eight (48) hours prior to the scheduled Work.

SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK
6-1 CONSTRUCTION, SCHEDULE, AND COMMENCEMENT OF WORK
Add the following:

Prior to issuing the Notice to Proceed, the Engineer will schedule and conduct a pre-construction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods, and clarify inspection procedures. 6-2 PROSECUTION OF WORK
Delete the last sentence of first paragraph and replace it with the following:

Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer to do so, the Agency may suspend the work in whole or in part, until the Contractor takes said steps at no cost to the Agency.

Add the following:

The Contractor shall submit monthly progress reports to the Engineer by the tenth day of each month. The report shall include an updated construction schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports. 6-3 TIME OF COMPLETION
Add the following subsections:
6-3.3 WORKING DAY

SECTION E - Page 13

STANDARD SPECIFICATIONS
Add the following:

The Contractor’s activities shall be confined to the hours between 7:30 a.m. and 4:00 p.m. Monday through Friday. In addition, the Contractor shall not perform any Work on Saturday, Sunday, or on Agencydesignated holidays. Agency-designated holidays are listed in TABLE 1 – AGENCY-DESIGNATED HOLIDAYS below. Deviation from these hours will be permitted upon approval of the Engineer, except in emergencies involving immediate hazard to persons or property.

Deviations from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property. In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. Service fees will be calculated at overtime rates including benefits, overhead, and travel time; and will be deducted from the amounts due the Contractor.

Failure of the Contractor to adhere to working day requirements will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine.

For each OCCURRENCE of a working day or hours violation, as provided herein, the Contractor shall pay to the Agency, or have withheld from monies due to it, the sum of $1,000.00.

TABLE 1 – AGENCY-DESIGNATED HOLIDAYS
New Year’s Day
Martin Luther King, Jr. Day
President’s Day
Memorial Day
Independence Day
Labor Day
Veteran’s Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day

EXECUTION OF THE CONTRACT SHALL CONSTITUTE AGREEMENT BY THE AGENCY AND CONTRACTOR THAT $1,000 PER VIOLATION IS THE MINIMUM VALUE OF THE COST AND

ACTUAL DAMAGED CAUSED BY FAILURE OF THE CONTRACTOR TO LIMIT PERFORMANCE

OF THE WORK BETWEEN THE ALLOTTED TIMES, THAT SUCH SUM SHALL NOT BE

CONSTRUED AS A PENALTY, AND THAT SUCH SUM MAY BE DEDUCTED FROM PAYMENTS DUE THE CONTRACTOR IF SUCH DELAY OCCURS.
6-4 DELAYS AND EXTENSION OF TIME
6-4.1 GENERAL
Add the following Subsections:
6-4.1.1 Notice of Delays
Whenever the Contractor foresees any delay in the prosecution of the work, and in any event immediately upon the occurrence of any delay which the Contractor regards as unavoidable, he/she shall notify the Engineer in writing of the probability of the occurrence of such delay and its cause so that the Engineer may take immediate steps to prevent, if possible, the occurrence or continuance of the delay, or, if prevention is not possible, may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent it will delay the prosecution and completion of the work. It will be concluded that any and all delays which have occurred in the prosecution and completion of the work have been avoidable delays, except such delays as shall have been called to the attention of the Engineer at

SECTION E - Page 14

STANDARD SPECIFICATIONS
the time of their occurrence and found by him/her to have been unavoidable. The Contractor shall make no claims for any delay not called to the attention of the Engineer at the time of its occurrence as an unavoidable delay.
6-4.1.2 Avoidable Delays
Avoidable delays in the prosecution or completion of the work shall include all delays which in the opinion of the Engineer would have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor of his/her subcontractors. The following shall be considered avoidable delays within the meaning of the contract: 1) Delays in the prosecution of parts of the work which may in themselves be unavoidable but do not necessarily prevent or delay the prosecution of other parts of the work or the completion of the whole work within the time herein specified; 2) Reasonable loss of time resulting from the necessity of submitting samples of materials and drawings to the Engineer for approval and from performing tests of materials, measurements, and inspections; 3) Reasonable interference of other contractors employed by the Agency and/or other contractors working in the area which do not necessarily prevent the completion of the whole work within the time agreed upon; 4) Delays resulting from inaccurate or incomplete shop drawing submittals; and 5) Interference of other contractors performing concurrent work.
6-4.1.3 Extension of Time
In case the work is not completed in the time specified, including such extensions of time as may have been granted for unavoidable delays, the Contractor will be assessed damages for delay in accordance with Paragraph 6-9.1. The Agency, however, shall have the right to grant an extension of time for avoidable delay if it is deemed in his/her best interest to do so. During such extension of time, the Contractor will be charged for engineering and inspection services and other costs as provided in Paragraph 6-6.2.1 but will not be assessed damages pursuant to Paragraph 6-9.
6-4.2 EXTENSIONS OF TIME
Add the following Subsection:
6-4.2.1 Compensation to Agency for Extension of Time
Compensation for extension of time for avoidable delay granted pursuant to Paragraph 6-6.1.3 shall be the actual cost to the Agency for engineering, inspection, general supervision, and overhead expenses which are directly chargeable to the work, and which accrue during the period of such extension, except that the cost of final inspection and preparation of the final estimate shall not be included. 6-4.4 WRITTEN NOTICE AND REPORT
Delete the title and text of Section 6-4.4 and replace it with the following:

Requests for an extension of time must be delivered to the Agency within ten (10) consecutive calendar days following the date of the occurrence that caused the delay. The request must be submitted in writing and must state the cause of the delay, the date of the occurrence causing the delay, and the amount of additional time requested. This shall be included as part of a revised construction schedule required in Section 6-1. Requests for extensions of time shall be supported by all evidence reasonably available or known to the Contractor, which would support the extension of time requested. Requests for extensions of time, which are not received within the time specified above, shall result in the forfeiture of the Contractor’s right to receive any extension of time requested.

If the Contractor is requesting an extension of time because of weather, he/she shall supply daily written reports to the Agency’s representative describing such weather, and the work that could not be performed

SECTION E - Page 15

STANDARD SPECIFICATIONS
that day because of such weather or conditions resulting therefrom and that he/she otherwise would have performed.
6-9 LIQUIDATED DAMAGES
Delete the title and text of Section 6-9 and replace with the following:
6-9 FORFEITURE DUE TO DELAY
The Contractor shall complete all or any designated portion of the Work called for under the Contract within the time set forth in Part C (Proposal) of these Specifications.

In accordance with Government Code 53069.85, and all other applicable law, the Contractor agrees to forfeit and pay the Agency the amount of Five Hundred Dollars ($500.00) per day for each and every day of unauthorized delay beyond the completion date, which shall be deducted from any monies due the Contractor. This payment shall be considered liquidated damages. Contractor agrees that such liquidated damages are reasonable under the circumstances existing at the time of execution of the contract, that such liquidated damages are to compensate Agency for losses that are difficult to measure and that such damages are not a penalty.

Failure of the Contractor to perform any covenant or condition contained in the Contract Documents within the time period specified shall constitute a material breach of this Contract entitling the Agency to terminate the Contract unless the Contractor applies for, and receives, an extension of time in accordance with the procedures set forth in Section 5-5.

Failure of the Agency to insist upon the performance of any covenant or conditions within the time period specified in the Contract Documents shall not constitute a waiver of the Contractor’s duty to complete performance within the designated periods unless the Agency has executed a waiver in writing.

The Agency’s agreement to waive a specific time provision or to extend the time for performance shall not constitute a waiver of any other time provision contained in the Contract Documents.

Failure of the Contractor to complete performance promptly within the additional time authorized in a waiver or extension of time agreement shall constitute a material breach of this Contract entitling the Agency to terminate this agreement.

The Contractor shall not be deemed in breach of this Contract and no forfeiture due to delay shall be made because of any delays in the completion of the Work due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor provided the Contractor requests an extension of time in accordance with the procedures set forth in Section 5-5. Unforeseeable causes of delay beyond the control of the Contractor shall include acts of God, acts of a public enemy, acts of the government, acts of the Agency, or acts of another contractor in the performance of a contract with the Agency, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and weather, or delays of subcontractors due to such causes, or delays caused by failure of the owner of a utility to provide for removal or relocation of existing utility facilities. Delays caused by actions or neglect of Contractor or his/her agents, servants, employees, officers, subcontractors, directors, or of any party contracting to perform part of all of the Work or to supply any equipment or materials shall not be excusable delays. Excusable delays (those beyond the Contractor’s control) shall not entitle the Contractor to any additional compensation. The sole recourse of the Contractor shall be to seek an extension of time.
6-12 DISPUTES AND CLAIMS
6-12.1 GENERAL

SECTION E - Page 16

STANDARD SPECIFICATIONS
Any and all decisions made on appeal pursuant to this Subsection 6-12 shall be in writing. Any “decision” purportedly made pursuant to this Subsection 6-12 that is not in writing shall not be binding upon the Agency and should not be relied upon by the Contractor.

Nothing in this subsection shall be considered as relieving the Contractor from his/her duty to file the notice required under Subsection 6-13 or other duties required by the Contract Documents. 6-12.2 ADMINISTRATIVE REVIEW
Request for review made to the Construction Inspector or Project Engineer may be either oral or written.

Request for review made to the City Engineer shall be made in writing with supporting evidence attached.

The Contractor shall submit each request for review within twenty-one (21) calendar days of receipt of the decision that he/she is requesting.

Prior to demand for arbitration, the Contractor shall exhaust his/her administrative remedies by attempting to resolve his/her dispute or claim with Agency`s staff in the following sequence:

1. Project Engineer

2. City Engineer
Should the Project Engineer fail to address the Contractor’s request for review of a disputed decision within fourteen (14) calendar days after receiving such request, the Contractor may proceed directly to the City Engineer. At the option of the Agency, the person to whom the request for review is directed may elect to take such request to a higher level and the Contractor’s request shall be deemed to be properly submitted to such higher level.

The City Engineer shall address disputes or claims within twenty-eight (28) calendar days after receiving such request and all necessary supporting data. The City Engineer’s decision on the dispute or claim shall be the Agency’s final decision.
6-12.3 ARBITRATION
Claims and disputes arising under or related to the performance of the contract, except for claims that have been released by execution of the “Release on Contract” as provided in Subsection 9-4, shall be resolved in arbitration unless the Agency and the Contractor agree in writing, after the claim or dispute has arisen, to waive arbitration and to have the claim or dispute litigated in court of competent jurisdiction. Arbitration shall be conducted, to the extent feasible, pursuant to Chapter 3 (Sections 301-393, inclusive) of Division 2 of Title 1 of the California Code of Regulations except that references therein to the “State Contract Act” shall be construed to mean “applicable law” and “Public Agency”, or “Department” shall be construed to mean “Agency” as defined in Subsection 1.2. The arbitration decision shall be decided under and in accordance with California law, supported by substantial evidence, and in writing, contain the basis for the decision, findings of fact, and conclusions of law.

Arbitration shall be initiated by a Demand for Arbitration. The Contractor shall request a Demand for Arbitration not later than one hundred eighty (180) calendar days after the date of the final written decision of the Agency on the claim or dispute.

All contracts valued at more than $15,000 between the Contractor and his/her Subcontractors and Suppliers shall include a provision that the Subcontractors and Suppliers shall be bound to the Contractor to the same extent that the Contractor is bound to the Agency by all terms and provisions of the Contract, including these arbitration provisions.

SECTION E - Page 17

STANDARD SPECIFICATIONS
6-13 NOTICE OF POTENTIAL CLAIM
The Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the Engineer, or the happening of any event, thing or occurrence, unless the Contractor shall have given the Engineer due notice in writing, of the potential claim as hereinafter specified, provided, however, that compliance with this Subsection 6-12 shall not be a prerequisite as to any claim that is based on differences in measurements or errors of computation as to the Contract quantities.

Additionally, this Subsection 6-13 shall not supersede the specific notice and protest requirements of Subsection 2-9 “Changed Conditions” and Subsection 6-3.2 “Contract Time Accounting” respectively.

A written notice of potential claim shall set forth the reasons the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. A notice as above required must have been given to the Engineer prior to the time that the Contractor shall have performed the Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within fifteen (15) days after the happening of the event, thing or occurrence giving rise to the potential claim.

It is the intention of this Subsection 6-13 that differences between the parties arising under and by the virtue of the Contract be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he/she shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed.
7-3 PAYMENT
7-3.2 PARTIAL AND FINAL PAYMENT
Delete the last paragraph of this subsection and replace with the following:

The closure date for period progress payments will be the twenty-fifth day of each month. Authorization to pay is commonly received on the second Wednesday of the following month. The Agency requires four to six weeks to review all progress payments, issue payment checks, present progress payment to Council for approval, and release payment to contractor. However, payments will be withheld pending receipt of any outstanding reports required by the Contract Documents. In addition, the final progress payment will not be released until the Contractor returns the control set of plans and specifications showing the as-built conditions.

The full five (5) percent retention will be deducted from all payments. The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion.

The Contractor may substitute securities for any monies withheld by the Agency to ensure performance under the Contract as provided in Public Contract Code Sections 10263 and 22300. 7-3.3 DELIVERED MATERIALS
Delete the text of section 7-3.3 and replace with the following:

Materials and equipment delivered but not incorporated into the Work will not be included in the estimate for progress payment.

SECTION E - Page 18

STANDARD SPECIFICATIONS
400 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS Delete the second paragraph and replace with the following:

The Contractor shall relocate, repair, replace or reestablish all existing improvements within the project limits (e.g., curbs, sidewalks, driveways, fences, walls, sprinkler systems, signs, utility installations, pavements, structures, survey monuments, landscaping, etc.) that are damaged or removed as a result of the Contractor’s operations or as required by the plans and specifications.

All existing improvements, either within the right-of-way or not, that are damaged by actions of the Contractor, shall be restored by the Contractor to their original or better condition at the Contractor’s expense.
403-3 PAYMENT
Add the following:

All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid. 402 UTILITIES
Add the following Subsections:
402-1.1.1 ACCURACY OF UTILITIES INFORMATION
The locations of known existing major utilities, whether above ground or underground, are indicated on the plans. Information and data reflected in the Contract Documents with respect to underground and above ground utilities at or contiguous to the site is based upon information and data furnished to the City and the Engineer by the owners of such utilities, and the City does not assume responsibility for the accuracy or completeness thereof. The Contractor shall take all possible precautions for the protection of unforeseen utility lines to provide for uninterrupted service and to provide such special protection as may be necessary.

The Contractor shall be responsible for determining the location and depth of all underground facilities, including service connections, which may affect or be affected by his/her operations, and he/she shall include the cost to pothole all utilities within the limits of work in his/her bid. If an existing utility line, which has been marked by Underground Service Alert or is shown on the plans, is damaged by the Contractor, the Contractor shall repair the line and bear the cost thereof.

Contractor shall be aware that electrical conduits between street and traffic lights may exist beneath pavement and/or sidewalk in areas where such lights are in place and that said conduits are not shown on these plans.

In the event that the Contractor damages any existing utility lines that are not shown, shown incorrectly or the locations of which are not made known to the Contractor prior to excavation, a telephone call and written report shall be made immediately to the Utility owner, the Engineer, and to the City. If directed by the City, the Contractor shall make repairs under the provisions for changes and extra work contained in SECTION 3 – CONTROL OF THE WORK of the SSPWC Standard Specification. 600 ACCESS
600-1 General
Add the following:

SECTION E - Page 19

STANDARD SPECIFICATIONS
The Contractor shall not impede daily activities and operations of the community center. Contractor shall coordinate all stages of construction with the Community Center Director. A staging plan shall be submitted showing proposed locations for storage of material and equipment. The plan is a required submittal for review at the pre-construction meeting.

All open trenches shall be covered with non-skid steel plates or temporary asphalt pavement before and after work hours, unless otherwise directed by the Engineer.

Add the following Subsection:
600-1.1 Parking Restrictions and Posting for Tow Away
No Parking signs, posted by the Contractor, shall be of heavy card stock and not less than 1.75 square feet of surface area on the face. Background color shall be white and letters shall be printed in red water resistant ink except day, date, and time of restriction may be printed in black water resistant ink. The signs shall be printed with the words “Tow Away” and “No Parking” with a character height of not less than 2.75 inches and a stroke width of not less than 0.5 inches. The day, dated, and time of the particular restriction shall be printed or attached below the above-mentioned wording in characters of not less than 2.0 inches in height and 0.4 inches in stroke width. The day of the week shall be written out or properly abbreviated with three to four letters; date or dates or restriction shall be listed completely; the beginning and ending times shall be clearly listed on the sign.

Signs shall be mounted such that the wording “No Parking” are at an elevation at least three feet above the adjacent flowline. Signs may be tied with string to trees and power poles, taped to existing sign poles, or mounted to stakes or barricades as provided by the Contractor. The signs shall be placed as needed to control the parking of cars within the construction zone; signs shall be placed at intervals of 75 feet or less along each side of the roadway.

Signs shall be posted and maintained by the Contractor for a period of 72 hours prior to the restrictions becoming effective. The Contractor may only post parking restrictions that are effective for the duration of the Work. Upon completion of the Work, the Contractor shall promptly and completely remove and dispose all signs, stakes, and barricades. The Contractor shall promptly reset or replace all damaged or defective signs.

The Contractor shall be fully responsible for the adequate removal of all parked cars. The Contractor shall coordinate the removal of all vehicles with the Sheriff Department. The Contractor shall notify the Sheriff Communications Center upon posting of the parking restrictions for a particular street. For removal of parked vehicles, the Contractor shall notify the Sheriff Communications Center not less than two hours prior to the needed removal, stating the address nearest the parked vehicle, make, model, color, and license number. The City shall not be responsible for any delay or additional costs associated with the removal of parked cars that obstruct the construction operation.

If a vehicle owner successfully contests a towing citation in court, and their citation is dismissed for causes related to the Contractor’s failure to perform the requirements of this section, the Contractor shall reimburse the City for the cost of any claims associated with the towing citation.

DEVIATIONS FROM THE REQUIREMENTS OF THIS SUBSECTION WILL BE PERMITTED ONLY ON PRIOR CONSENT OF THE ENGINEER. FAILURE OF THE CONTRACTOR TO ADHERE TO

THE REQUIREMENTS OF THIS SUBSECTION, OR FAILURE OF THE CONTRACTOR TO COMPLETE HIS DAILY SCHEDULE ONCE “TEMPORARY NO PARKING” SIGNS HAVE BEEN POSTED, WILL RESULT IN DAMAGES BEING SUSTAINED BY THE CITY. SUCH DAMAGES

ARE, AND WILL CONTINUE TO BE, IMPRACTICABLE AND EXTREMELY DIFFICULT TO DETERMINE. FOR EACH OCCURRENCE OF A VIOLATION, AS PROVIDED HEREIN, THE

SECTION E - Page 20

STANDARD SPECIFICATIONS

CONTRACTOR SHALL PAY TO THE AGENCY, OR HAVE WITHHELD FROM MONIES DUE TO IT, THE SUM OF $1,000.00.

EXECUTION OF THE CONTRACT SHALL CONSTITUTE AGREEMENT BY THE AGENCY AND CONTRACTOR THAT $1,000.00 PER VIOLATION IS THE MINIMUM VALUE OF THE COST AND

ACTUAL DAMAGE CAUSED, THAT SUCH SUM SHALL NOT BE CONSTRUED AS A PENALTY, AND THAT SUCH SUM MAY BE DEDUCTED FROM PAYMENTS DUE THE CONTRACTOR.

SECTION E - Page 21

STANDARD SPECIFICATIONS

SECTION E

STANDARD SPECIFICATIONS

COMMUNITY CENTER ROOF REPAIR
SPECIFICATION NO. CIP 22/23

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
0-1 STANDARD SPECIFICATIONS
Except as hereinafter amended, the provisions of the 2018 Edition of the “Green Book,” Standard Specifications for Public Works Construction (“SSPWC”), with the latest Supplements, prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, and these modifications thereto are adopted as the “Standard Specifications” for the Agency.

Architecture components shall conform to the Construction Specifications Institute (“CSI”) standards and American Society for Testing and Materials (“ASTM”)

SECTION F - Page 1

SPECIAL PROVISION

SECTION F

SPECIAL PROVISIONS

COMMUNITY CENTER ROOF REPAIR
SPECIFICATION NO. CIP 22/23

IN THE CITY OF LOS ALAMITOS, CALIFORNIA
Bid Items listed below correspond to the Bid Schedule in Section C Item No. 1– Remove and Dispose of Existing Angled Roof Tiles and Repair (Roof B-1, B-3, B-4, C-1, D, E per Appendix A – Roof Location Map)
Disposal and recycling of removed material shall be included in this item of work.

Contractor shall coordinate construction with the Community Center Director to minimize disruptions to the Center’s operations. Contractor shall not perform any roof repairs until the rooms underneath have been vacated. It is the responsibility of the contractor to ensure acoustic ceiling tiles are protected from damage during construction.

Contractor shall provide detailed schedule showing construction start and finish dates at each building where space below will be closed to the public and city staff.

Contractor must inspect the complete area where repairs will be performed. All measurements and dimensions must be confirmed by the contractor.

Contractor shall remove the existing roof tiles in the entire area of the building (B-1, B-3, B-4, C-1, D and E).

Due to the large area of roof tiles to be removed, the contractor shall install a plastic cover at the end of each day of work to prevent the entry of dust, insects and bats by night while the repair work lasts.

Contractor shall perform the corrective maintenance for the metal structure, includes, remove dust, rust, sand, patch and paint with SHERWIM WILLIAMS (or Approved Equal) painting products. Universal metal primer white color for coat and anticorrosive paint for finish. white color is preferred. See attached technical data.

Contractor will be in charge of transportation of materials and labor force to and from the working spaces, painting of all premises, cleaning areas in premises where work was performed, removal of all materials, leftovers and garbage from premises.

Contractor will protect all furnishings in the premises, included but not only, floors, doors, door frames, windows, outlets, gardens.

Contarctor will also be responsible of any damage of premises resulting of this job, and restoration of the damages will be expected to occur within the 5 calendar days of the period given to complete the job.

Install new composite roof tiles Quarrix (or Approved Equal) including all accessories and fittings for a correct installation per manufacture. See attached technical data. Color by owner’s representative.

Repair of Angled Roof shall conform to all special provisions hereon and details in Appendix B.

Payment for Remove and Dispose of Damaged Angled Roof Tiles shall be paid for at the contract Lump Sum (LS) price and shall be considered full compensation and include but not be limited to, furnishing

SECTION F - Page 2

SPECIAL PROVISION
labor, materials, plywood, equipment, and disposal to complete the work, and no additional compensation will be allowed therefor.

Bid Item No. 2 – Remove and Dispose of Existing Flat Roof and Repair (Roof B-2, C-2 per Appendix A – Roof Location Map)
Disposal and recycling of removed material shall be included in this item of work.

Contractor must inspect the complete area where repairs will be performed. All measurements and dimensions must be confirmed by the contractor.

Contractor shall remove the existing roof tiles in the entire area of the building (B-2, C-2).

Due to the large area of roof tiles to be removed, the contractor shall install a plastic cover at the end of each day of work to prevent the entry of dust, insects, and bats by night while the repair work lasts.

Contractor shall perform the corrective maintenance for the metal structure, includes, remove dust, rust, sand, patch and paint with SHERWIM WILLIAMS (or Approved Equal) painting products. Universal metal primer white color for coat and anticorrosive paint for finish. white color is preferred. See attached technical data.

Contractor will be in charge of transportation of materials and labor force to and from the working spaces, painting of all premises, cleaning areas in premises where work was performed, removal of all materials, leftovers and garbage from premises.

Contractor will protect all furnishings in the premises, included but not only, floors, doors, door frames, windows, outlets, gardens.

Contractor will also be responsible of any damage of premises resulting of this job, and restoration of the damages will be expected to occur within the 5 calendar days of the period given to complete the job.

Contractor will protect all existing roof penetrations (roof/attic vents, plumbing vents, rooftop fans, HVAC equipment, etc.)
Install cold adhesive SBS Modified Bitumen Roofing Systems per manufacture. See attached technical data.

Repair of Flat Roof shall conform to all special provisions hereon and details in Appendix B. Contractor shall upgrade HVAC curb/anchors and other equipment installed on the roofs.

Contractor shall coordinate construction with the Community Center Director to minimize disruptions to the Center’s operations. Contractor shall not perform any roof repairs until the rooms underneath have been vacated. It is the responsibility of the contractor to ensure acoustic ceiling tiles are protected from damage during construction.

Payment for Repair Flat Roof shall be paid for at the contract Lump Sum (LS) price and shall be considered full compensation and include but not be limited to, furnishing labor, materials, plywood, lumber at underside of exposed flat roof, equipment, and disposal to complete the work, and no additional compensation will be allowed therefor.

Bid Items No. 3 -8 – Furnish and Install Roof Elements

SECTION F - Page 3

SPECIAL PROVISION

3. Furnish and Install Fascia Board
Contractor shall identify locations and quantity of damaged fascia board required to be repaired.

The Contractor will require the Engineer’s approval prior to removing and reconstructing.

Measurement and payment will be made based on the final quantities of fascia board installed.

Removal of existing damaged fascia board shall be included in this item of work.

4. Furnish and Install Rigid Insulation
Contractor shall identify locations and quantity of damaged rigid insulation required to be repaired.

The Contractor will require the Engineer’s approval prior to removing and reconstructing.

Measurement and payment will be made based on the final quantities of rigid insulation installed.

Removal of existing damaged rigid insulation shall be included in this item of work.

5. Furnish and Install Roof Gutters
Contractor shall identify locations and quantity of damaged roof gutters required to be replaced.

The Contractor will require the Engineer’s approval prior to removing and reconstructing.

Measurement and payment will be made based on the final quantities of roof gutters installed.

Removal of existing damaged roof gutters shall be included in this item of work.

6. Replace Ceiling Panels
Contractor shall replace damaged ceilings panels needed to be repaired. The Contractor will require the Engineer’s approval prior to removing and reconstructing. Measurement and payment will be made based on the final quantities of ceiling panels installed. 7& 8 Replace Drainpipe System & Drain to existing Outlet Contractor shall identify locations and quantity of damaged Drainpipe System required to be repaired. The Contractor will require the Engineer’s approval prior to removing and reconstructing.

Measurement and payment will be made based on the final quantities of Drainpipe System & Drain to existing Outlet replaced. Removal of existing damaged drainpipes shall be included in this item of work.

Payment for Furnish and Install Roof Elements shall be paid for at the contract Lump Sum (LS) price and shall be considered full compensation and include but not be limited to, furnishing labor, materials, plywood, lumber, equipment, and disposal to complete the work, and no additional compensation will be allowed therefor.

Bid Item No. 9 Add Interior Ceiling Paneling to Bottom of Truss Joist Ceiling Contractor shall install ceiling paneling to bottom of truss joists. The Contractor will require the Engineer’s approval prior to removing and reconstructing. Measurement and payment will be made based on the final quantities of ceiling panels installed.

Payment for Add Interior Ceiling Paneling to Bottom of Truss Joist Ceiling shall be paid for at the contract Square Foot (SF) price and shall be considered full compensation and include but not be limited to, furnishing labor, materials, plywood, lumber, equipment, and disposal to complete the work, and no additional compensation will be allowed therefor Bid Item No. 10 Remove and Replace Shade Structures

SECTION F - Page 4

SPECIAL PROVISION
Contractor shall remove and replace shade structures to match existing as identified in the bid schedule. The Contractor will require the Engineer’s approval prior to removing and reconstructing.

Measurement and payment will be made based on the final quantities of remove and replace shade structures.

Payment for Remove and Replace Shade Structures shall be paid for at the contract Each (EA) price and shall be considered full compensation and include but not be limited to, furnishing labor, materials, plywood, lumber, paint, equipment, and disposal to complete the work, and no additional compensation will be allowed therefor.

Bid Items No. 11A AND 11B - Inspect and Repair Interior Walls for Water Damage Contractor shall identify locations and quantity of water damaged interior walls required to be repaired. The Contractor will require the Engineer’s approval prior to removing and reconstructing.

Measurement and payment will be made based on the final quantities of damaged interior walls.

Removal of existing damaged interior walls shall be included in this item of work.

Payment for Add Interior Ceiling Paneling to Bottom of Truss Joist Ceiling shall be paid for at the contract Square Foot (SF) price and shall be considered full compensation and include but not be limited to, furnishing labor, materials, plywood, lumber, equipment, and disposal to complete the work, and no additional compensation will be allowed therefor Bid Item No. 12 – Paint Community Center Interior Rooms With City Approved Color Paint Contractor shall paint entire interiors, which include Walls, Ceilings, Doors, and other surfaces, at of Community Center rooms as identified in the bid schedule and directed by the Engineer, per manufacture’s instruction.

Payment for Paint Community Center Interior Rooms shall be paid for at the contract Lump Sum (LS) price and shall be considered full compensation and include but not be limited to, furnishing labor, materials, equipment, and disposal to complete the work, and no additional compensation will be allowed therefor.

Bid Item No. 13 – Remove and Replace Existing Lighting and Lighting Appurtenances Contractor shall remove and replace existing lighting fixtures in the Community Center event halls as identified in the bid schedule, these special provisions, and directed by the Engineer (Sample Lighting fixture Technical Specifications attached for reference,). The Contractor will submit engineered lighting calculation and plan for the city review.

Payment for Remove and Replace Existing Lighting and Lighting Appurtenances shall be paid for at the contract Lump Sum (LS) price and shall be considered full compensation and include but not be limited to, furnishing labor, materials, equipment, and disposal to complete the work, and no additional compensation will be allowed therefor.

06 10 00
SECTION F - Page 5

SPECIAL PROVISIONS
Applicable Construction Institute (“CSI”) Specifications SECTION 06 10 00

ROUGH CARPENTRY
PART 1 - GENERAL

1.01 REFERENCE STANDARDS
A. E84—2018B - Standard Test Method for Surface Burning Characteristics of Building Materials.

B. PS 20-20 - American Softwood Lumber Standard.

1.02 QUALITY ASSURANCE
A. Air Barrier Association of America (ABAA) Quality Assurance Program (QAP); https://www.airbarrier.org/qap-overview/:

1. Installer Qualification: Use accredited contractor, certified installers, evaluated materials, and third-party field quality control audit.

2. Manufacturer Qualification: Use evaluated materials from a single manufacturer regularly engaged in air barrier material manufacture. Use secondary materials approved in writing by primary material manufacturer.

B. Rough Carpentry Lumber: Visible grade stamp on all products required.

C. Grade Stamp: Association under whose rules it was graded, or official grade mark of other recognized grading agencies using grading rules, equivalent to WWPA or WCLIB.

1.03 DELIVERY, STORAGE, AND HANDLING
A. General: Cover wood products to protect against moisture. Support stacked products to prevent deformation and to allow air circulation.

B. Do not deliver rough carpentry items until site conditions are adequate to receive the work. Protect items from weather while in transit.

PART 2 PRODUCTS

2.01 GENERAL REQUIREMENTS
A. Dimension Lumber: Comply with PS 20 and requirements of specified grading agencies.

1. Species: Douglas Fir-Larch, unless otherwise indicated.

2. If no species is specified, provide any species graded by the agency specified; if no grading agency is specified, provide lumber graded by any grading agency meeting the specified requirements.

3. Grading Agency: Any grading agency whose rules are approved by the Board of Review, American Lumber Standard Committee (www.alsc.org) and who provides grading service for the species and grade specified; provide lumber stamped with grade mark unless otherwise indicated.

4. Lumber of other species or grades is acceptable provided structural and appearance characteristics are equivalent to or better than products specified. Lumber fabricated from old growth timber is not permitted.

2.02 ROUGH CARPENTRY MATERIALS
A. Lumber: Graded in accordance with WWPA or WCLIB; maximum moisture content of 19 percent.

Provide Douglas Fir Larch for structural and framing lumber, surfaced four sides to standards of the grading association. Provide Appearance Grade: SELECT wood for all exposed roof framing, eave sheathing and fascia members.

1. Lumber shall reach the specified moisture content maximum prior to being covered with exterior wall finish or other material.

06 10 00
SECTION F - Page 6

SPECIAL PROVISIONS

2. Contractor shall provide evidence of moisture content testing, when required by the Architect or designated City representative.

B. Lumber Applications:

1. Structural Light Framing: Select structural unless otherwise noted on Drawings. All exposed lumber shall also be Appearance Grade: SELECT.

2. Joists, rafters, bracing, lintels, horizontal framing and stress members: No. 1 unless otherwise indicated or noted on Drawings. All exposed lumber shall also be Appearance Grade: SELECT.

3. Studs, vertical framing, non-structural furring, concealed blocking, stripping and miscellaneous nailers and backing: No. 2.

C. Douglas Fir Plywood Sheathing: 2303.1.5 Wood Structural Panels; PS 1, APA structural 1 rated sheathing, exterior, thickness to match existing being replaced, span rating sized for spacing. Plywood sheathing shall only be used where replacing same.

D. Nails, Spikes and Staples: Galvanized for exterior locations, high humidity locations and treated wood, plain finish for other interior locations, size and type to suit application. Comply with 2304.10 Connectors and Fasteners. For roof and floor sheathing use screw-shank nails only. For roof sheathing use galvanized finish.

E. Drift Bolts or Pins, Wood Screws and Lag Screws: CBC 2304.10 Connectors and Fasteners, sized to suit application, galvanized for exterior locations, high humidity locations and treated wood, plain finish for other interior locations.

F. Fasteners: Expansion shield or powder actuated type for anchorage to solid masonry or concrete. Refer to Section 05500 for approved types.

G. Stock Framing Connectors: CBC 2304.10 Connectors and Fasteners, types indicated on Drawings, galvanized, with nails fully driven in all holes in each face of connector.

1. Approved Manufacturer: Simpson Strong Tie Co., Inc., San Leandro CA.

2. Equivalent products by other manufacturers must be approved by Architect. H. Non-Stock Framing Connectors: Comply with details.

I. Preservative (Pressure) Treated Lumber: Comply with AWPA manual of recommended practice and Standard C22-03. Use preservative complying with P1/P13-19. Comply with Rule 1113, SCAQMD.

1. Douglas Fir or Western Hemlock, used shall comply with the following:
a. Lumber shall be WWPA or WCLIB grade stamped.
b. Lumber shall be No. 2 grade or better.

J. Waterproof Membrane: Grace Ice and Water Shield.

K. Fire-Retardant Lumber: Chemically treated and pressure impregnated, as defined in CBC 2303.2 FireRetardant-Treated Wood, maximum flame spread of 25, in accordance with ASTM E84—2018B.

1. Lumber shall be grade stamped by an approved agency at the factory and shall bear identification indicating the fire performance rating thereof.

L. Fire Retardant Plywood: AWPA C27-02; thickness as indicated on Drawings, Interior Type A fire retardant treated, maximum flame spread of 25, labeled or marked by an approved independent testing agency, dried to an average moisture content of 15 percent or less prior to installation.

PART 3 EXECUTION

3.01 FRAMING, FURRING AND STRIPPING
A. Erect wood framing, furring, stripping and nailing members true to lines and levels. Do not deviate from true alignment more than 1/4 inch.

B. Construct members of continuous pieces of longest possible lengths.

C. Construct and erect required headers and lintels.

D. Cutting and Notching: Comply with CBC Section 2308.5.9 Cutting and Notching.

06 10 00
SECTION F - Page 7

SPECIAL PROVISIONS
E. Bored Holes: Comply with CBC Section 2308.5.10 Bored Holes.

3.02 STRUCTURAL SHEATHING
A. Thickness to match existing sheathing being replaced or as on the Drawings.

B. Boundary Nailing: Not less than 3/8 inch from edge, spaced not more than 6 inches oc.

C. Blocking: Panel edges shall bear on framing members and solid blocking. Allow minimum 1/8 inch clear space between edges.

D. Minimum Size Vertical Panel: 12 inches wide.

E. Minimum Size Horizontal Panel: 24 inches wide.

3.03 HORIZONTAL FRAMING
A. Bearing: 1-1/2 inch minimum on wood or metal, 3 inches on masonry. Lay framing members with crown up.

B. Lateral Support: Use solid blocking or other approved means.

C. Lap joists a minimum of 3 inches when framed from opposite sides of a beam.

D. Openings: Double joists required for trimmer and headers for openings 4 ft. or larger.

E. Provide ties, purlins and blocking in conformance with CBC Section 2308.7.7 Purlins.

3.04 WOOD DECKS REPAIR
A. Loose or void knot holes and cracks less than 3/8” shall be neatly covered with 24-gauge galvanized sheet metal.

B. Any loose boards or unsupported boards shall be securely fastened. All decking shall be inspected and any rotten or damaged decking shall be removed for a minimum of 2 spans and replaced with new decking matching the existing and securely nailed using a minimum 2 nails at each rafter. Extreme care shall be taken to ensure the ends are tightly secured so there is no differential movement between boards. In addition, securely nail all loose decking and verify the decking conforms to the manufacturer's recommendations.

C. All damaged rafters shall be repaired by securely bolting another rafter of the same dimension onto the existing so the new rafter extends at least 2' in both directions beyond the damaged area and spans across a support (or) replace the damaged rafter.

D. Holes less than 12” in Diameter: Install 18-gauge galvanized sheet metal plate over the opening and spanning a minimum of 4” beyond the opening in all directions. Secure the sheet metal plate to the deck.

END OF SECTION

07 52 00
SECTION F - Page 8

SPECIAL PROVISIONS
SECTION 09 29 00

GYPSUM BOARD
PART 1 GENERAL

1.1 SUMMARY
A. Section Includes: 1. Gypsum board wall and ceiling systems. 2. Trim accessories, Joint compound, control joints, fasteners, reveal moldings, and sealants. 3. Schedule - Level of Finish for gypsum board surfaces.

B. Related Sections:

1. Section 054000 - Cold Formed Metal Framing

2. Section 061000 - Rough Carpentry

3. Section 072116 - Batt and Blanket Insulation

4. Section 078400 - Firestopping

5. Section 079200 - Joint Sealers

6. Section 092216 - Non-Load Bearing Metal Wall Framing Systems

7. Section 092226 - Ceiling Suspension Systems

8. Section 092600 - Veneer Plaster

9. Section 091813 - Cementitious Backer Board

10. Section 092810 - Gypsum Backer Board

11. Section 092800 - Backing Boards and Underlayments

12. Section 092117 - Shaft Wall

13. Section 09622 - Fabric Wall Systems

14. Section 099000 - Paints and Coatings

15. Division 22 - Plumbing

16. Division 23 - Heating, Ventilating, and Air Conditioning (HVAC)

17. Division 26 – Electrical

1.2 REFERENCES
A. Reference Standards: Current edition at date of Bid.

B. ASTM International (ASTM):

1. ASTM C840 - Standard Specification for Application and Finishing of Gypsum Board.

2. ASTM C919 - Standard Practice for Use of Sealants in Acoustical Applications.

3. ASTM C1002 - Standard Specification for Steel Self-Piercing Tapping Screws for the Application of Gypsum Panel Products or Metal Plaster Bases to Wood Studs or Steel Studs.

4. ASTM C1047 - Standard Specification for Accessories for Gypsum Wallboard and Gypsum Veneer Base

07 52 00
SECTION F - Page 9

SPECIAL PROVISIONS

5. ASTM C1177 - Standard Specification for Glass Mat Gypsum Substrate for Use as Sheathing 6.

ASTM C1396 - Standard Specification for Gypsum Board.

7. ASTM C1629 - Standard Classification for Abuse-Resistant Nondecorated Interior Gypsum Panel Products and Fiber-Reinforced Cement Panels

8. ASTM D3273 - Standard Test Method for Resistance to Growth of Mold on the Surface of Interior Coatings in an Environmental Chamber

9. ASTM D4977 - Standard Test Method for Granule Adhesion to Mineral Surfaced Roofing by Abrasion

10. ASTM D5420 - Standard Test Method for Impact Resistance of Flat, Rigid Plastic Specimen by Means of a Striker Impacted by a Falling Weight (Gardner Impact)

11. ASTM E90 - Standard Test Method for Laboratory Measurement of Airborne Sound Transmission Loss of Building Partitions and Elements.

12. ASTM E695 - Standard Method for Measuring Relative Resistance of Wall, Floor, and Roof Construction to Impact Loading

13. ASTM G21 - Standard Practice for Determining Resistance of Synthetic Polymeric Materials to Fungi

14. ASTM C 1658 - Standard Specification for Glass Mat Gypsum Panels C. Gypsum Association (GA): Web Site http://www.gypsum.org/

1. GA-201 - Gypsum Board for Walls and Ceilings.

2. GA-214 - Recommended Levels of Levels of Gypsum Board Finish.

3. GA-216 - Specifications for the Application and Finishing of Gypsum Board.

4. GA-226 - Application of Gypsum Board to Curved Surfaces.

5. GA-235 - Gypsum Board Typical Mechanical and Physical Properties.

6. GA-236 - Joint Treatment under Extreme Weather Conditions.

7. GA-238 - Guidelines for Prevention of Mold Growth on Gypsum Board.

8. GA-600 - Fire Resistance Design Manual.

9. GA-801 - Handling and Storage of Gypsum Panel Products: A Guide for Distributors, Retailers, and Contractors
D. Wall and Ceiling Bureau (WCB); Website http://wallandceilingbureau.org

1. TB-52010 - Control Joints for Gypsum Board E. UL Fire Resistance Directory (UL): Fire Resistance Volume 1 – with Hourly Ratings for Beams, Floors, Roofs, Columns, Walls and Partitions.

1.3 ADMINISTRATIVE REQUIREMENTS
A. Coordination:

1. Conform to Section 013113 for coordination with work of other Sections.

2. Coordinate with Wall Type Schedule, Section 092600, Section 09255, and Section 092117 for gypsum board systems used in conjunction with work of this Section.

07 52 00
SECTION F - Page 10

SPECIAL PROVISIONS
B. Preinstallation Conference: Arrange, in accordance with Section 013119 two weeks prior to beginning work of this Section.

1. Walk job and determine full extent level of quality for work.

2. Coordinate gypsum board pre installation conference with veneer plaster pre installation conference as specified in Section 092600.

1.4 SUBMITTALS
A. Submit under provisions of Section 013300.

B. Product Data: Manufacturer's published descriptive literature for gypsum board types, trim accessories, and control joints pertinent to this Section.

1. Recycled Content: Indicate recycled content; indicate percentage of pre-consumer and postconsumer recycled content per unit of product.

2. Indicate location of manufacturing facility; indicate distance between manufacturing facility and the project site.

C. Test Data: ASTM E 119 Certified testing lab Design for each proprietary fire-resistive wall and ceiling assembly listing manufacturers and products. Unlisted manufacturers and products not accepted.

1.5 QUALITY ASSURANCE
A. Manufacturer Qualifications:

1. Company with minimum 5 years documented experience.

2. Able to supply complete and tested systems conforming to code.

B. Installer Qualifications:

1. Company specializing in work of this section with documented experience in commercial quality work of comparable scope.

2. Recommended as qualified installer by WCB prior to Bid, or accepted by Architect.

C. Mock-Up: Conform to provisions of Section 014300.

1. Install 8 square foot minimum mock-ups of gypsum board finish and control joints.

2. Approved mock-ups may be incorporated into Work and become standard for approved workmanship and finishes.

D. Sustainability Standards Certifications: Conform to Section 018113 for documentation of LEED Credits contributing to Certification of Project under USGBC LEED-NC 3.0 Green Building Rating System California Green Building Standards Code.

1. Recycled Content: Indicate recycled content; indicate percentage of pre-consumer and postconsumer recycled content per unit of product.

2. Indicate location of manufacturing facility; indicate distance between manufacturing facility and the project site.

1.6 DELIVERY, STORAGE, AND HANDLING
A. Conform to Section 016510, GA-238, GA-801, and manufacturer's instructions.

B. Deliver materials in original unbroken containers or bundles bearing name of manufacturer and brand.

07 52 00
SECTION F - Page 11

SPECIAL PROVISIONS
C. Verify products undamaged before acceptance at Project Site. Do not use products with visible signs of mold growth and damage.

1.7 FIELD CONDITIONS
A. Temperature, Ventilation and Moisture: Conform to GA - 216 and manufacturer’s instructions.

Maintain temporary controls to regulate heating, ventilating, moisture, and humidity levels. Do not begin taping and finishing until following conditions are achieved.

1. Building: Fully enclosed and free of standing water. Watertight roofing and wall envelope systems in place, except where Architect accepts water and mold resistant gypsum board.

2. Temperature: Between 50 and 95 degrees F for minimum 48 hours.

3. Gypsum Board Moisture Content: 0.4 percent on gypsum scale (12 percent on wood scale).

4. Wood Substrate Moisture Content: Maximum 16 percent.

B. Lighting: Sufficient temporary lighting to perform work to achieve specified finishes.

PART 2 PRODUCTS

2.1 MANUFACTURERS
A. Georgia Pacific Corp. (GP)

1. Web Site http://www.gpgypsum.com ).

B. United States Gypsum Corp. (USG)

1. Web Site http://www.usg.com
C. CertainTeed Gypsum, Inc.

1. Web Site http://www.certainteed.com
D. Temple-Inland Gypsum Products

1. Web Site http://www.templeinland.com/BuildingProducts/Gypsum E. National Gypsum

1. Website http://www.nationalgypsum.com
F. Pabco Gypsum

1. Website http://www.pabcogypsum.org
G. Substitution Requests: Submit for approval under provisions of Section 012500.

2.2 REGULATORY REQUIREMENTS
A. Conform with Section 014100 for code compliance requirements related to this Section.

B. Conform to requirements for tested fire rated assemblies.

1. GA 600, Fire Resistance Design Manual.

2. UL, Fire Resistance Directory , or Intertek Testing Services (WHi).

3. IBC Chapter 25, including Section 2506, 2508, 2509 and related tables.

4. ICC Evaluation Reports and Standards.

07 52 00
SECTION F - Page 12

SPECIAL PROVISIONS

2.3 PERFORMANCE / DESIGN CRITERIA
A. Gypsum Board Products: Conform to general provisions of ASTM C1396.

1. Ends square cut and edges tapered.

2. Gypsum Board at Non-Rated Assemblies: 1/2 inch thick.

3. Gypsum Board at Fire-Resistive Rated Assemblies: 5/8 inch thick, UL labeled, and conforming to ICC ES Report for Type X or Type C.

4. [Mold-Resistant Interior Panels: Conform to general provisions of ASTM C1658 or ASTM C1396.

Test to ASTM D3273 with Rating of 10 or Test to ASTM G21 with Score of 0. B. Abuse-Resistant and Impact Resistant Interior Panels:

1. Surface Abrasion Resistance: Test to ASTM C1629 and ASTM D4977 for maximum surface damage:
a. Level 1: 0.126 inch (3.2mm).
b. Level 2: 0.059 inch (1.5mm).
c. Level 3: 0.010 inch (0.3mm).

2. Surface Indentation: Test to ASTM C1629 and ASTM D5420 for indentation resistance. a. Level 1: 0.150 inch (3.8mm).
b. Level 2: 0.100 inch (2.5mm).
c. Level 3: 0.50 inch (1.3mm).

3. Soft Body Impact: Test to ASTM C1629 and ASTM E695 until failure. a. Level 1: 90 ft-lbs (122 J).
b. Level 2: 195 ft-lbs (265 J).
c. Level 3: 300 ft-lbs (408 J).

4. Hard Body Impact: Test to ASTM C1629 until failure.
a. Level 1: 50 ft-lbs (68 J).
b. Level 2: 100 ft-lbs (136 J).
c. Level 3: 150 ft-lbs (204 J).

2.4 MATERIALS
A. Paper Faced Gypsum Board: Conform to ASTM C1396.

1. GP ToughRock.

2. USG Sheetrock.

3. CertainTeed Gypsum, Inc, ProRoc Gypsum Board.

4. Temple-Inland, Inc. Gypsum Board

5. Pabco Gypsum Flame Curb
B. Moisture and Mold-Resistant Gypsum Board:

1. GP Dens-Armor Plus, glass mat facings on front and back and moisture-resistant core.

2. GP ToughRock Mold-Guard

3. USG Fiberock Aqua Tough, unfaced, solid moisture-resistant core.

4. USG Sheetrock Mold Tough

5. CertainTeed Gypsum, Inc.: ProRoc Moisture and Mold Resistant with M2Tech

07 52 00
SECTION F - Page 13

SPECIAL PROVISIONS

6. Temple-Inland GreenGlass Interior Board, glass mat facings on front and back and moistureresistant core.

7. Pabco Gypsum Mold Curb
C. Moisture, Mold, and Abuse-Resistant Gypsum Board: Tested for mold resistance in conformance to ASTM D3273 (Rating of 10) or ASTM G21 (Score of 0), and conforming to ASTM C1629 Classifications for abuse-resistance (Levels I, II, or III).

1. GP Dens-Armor Plus AbuseGuard.
a. Surface Abrasion: Level 3.
b. Indentation Resistance: Level 1.
c. Soft-Body Impact: Level 1.

2. USG Sheetrock Mold Tough AR
a. Surface Abrasion: Level 2
b. Indentation Resistance: Level 2
c. Soft-Body Impact: Level 1

3. USG Fiberock Aqua Tough Interior Panel.
a. Surface Abrasion: Level 2.
b. Surface Indentation: Level 2.
c. Soft Body Impact Test: Level 2.

4. CertainTeed Gypsum, Inc.: ProRoc Extra Abuse Type X Gypsum Board with M2Tech a. Surface Abrasion: Level 2.
b. Indentation Resistance: Level 1.
c. Soft Body Impact: Level 3.
d. Hard Body Impact: Level 1

5. Temple-Inland, Inc.: ComfortGuard Abuse-Resistant Mold-Resistant board a. Surface Abrasion: Level 2.
b. Indentation Resistance: Level 1
c. Soft Body Impact: Level 1
d. Hard Body impact: Level 1
D. Moisture, Mold, and Impact-Resistant/Mold-Resistant Enhanced Gypsum Board: ASTM C1629 and ASTM D3273 level 10.

1. GP Dens-Armor Plus Impact-Resistant.
a. Surface Abrasion: Level 3 (0.126 inch abraded depth) b. Surface Indentation: Level 1 (0.150 inch indentation) c. Soft Body Impact: Level 3 (300 ft-lbs)
d. Hard Body Impact: Level 2 (100 ft-lbs)

2. USG Fiberock Aqua Tough with Tuff Hide Primer Sealer a. Surface Abrasion: Level 3
b. Surface Indentation: Level 2
c. Soft Body Impact: Level 3

07 52 00
SECTION F - Page 14

SPECIAL PROVISIONS
d. Hard Body Impact: Level 2

3. Temple-Inland, Inc.: ComfortGuard Impact-Resistant Mold-Resistant board a. Surface Abrasion: Level 2
b. Surface Indentation: Level 1
c. Soft Body Impact: Level 3
d. Hard Body Impact: Level 3
E. High Impact Hard Body Impact Gypsum Board Panel: ASTM C1278.

1. USG Fiberock Very High Impact (VHI)
a. Surface Abrasion: Level 2
b. Surface Indentation: Level 2
c. Soft Body Impact: Level 3
d. Hard Body Impact: Level 3
F. Ceramic Tile Backer Board: As specified Section 092810 091813.

2.5 ACCESSORIES
A. Joint Materials: As recommended by gypsum board manufacturer for intended purpose.

1. Tape: Manufacturer’s standard paper tape. Fiberglass tape not accepted.

2. Compound: Manufacturer’s standard.

3. Conform to GA-201 and GA-216 for reinforcing tape, joint compound, adhesive, and water.

4. Do not use topping compounds for embedding tape or as first coat over trims and fasteners.

B. Primer/Surfacer for Level 5 Finish: USG Tuff-Hide Primer-Surfacer.

C. Thermal and sound-attenuation insulation: As specified Section 072116.

D. Joint Sealant at Exposed Joints: Paintable, Non-setting, non-staining, and as specified Section 079200.

E. Acoustical Sealant at Exposed Joints: Nonsag, paintable, nonstaining, latex sealant conforming to ASTM C834. Tested to ASTM E90 for reduction of airborne sound transmission through perimeter joints and openings in building construction at representative assemblies. Specified for type and quality:

F. Acoustical Sealant at Concealed Joints:

1. Synthetic Rubber Joint Sealant: Single component, non-skinning, non-hardening, 90 percent solids, acoustical properties conforming to ASTM C919 and to ASTM E90.

2. Water Based Siliconized Acrylic Latex:

3. Install 2 beads under steel stud framing channel and wood plates and into 1/2 inch space between top of floor and bottom of gypsum board and plaster systems.

G. Firestopping and Smoke Sealants: As specified Section 078400. 2.6 TRIM A. Provide trim shapes as required to cover and make neat edges.

B. Paper Faced Metal Bead and Trim: ASTM C1047, electro-galvanized steel with paper face and flanges, USG Beadex specified for type and quality.

1. Outside corner beads

2. Inside corners.

3. L-type edge trims.

07 52 00
SECTION F - Page 15

SPECIAL PROVISIONS

4. J-shaped edge trim

5. 3/4 inch radius corner beads.

C. Metal Trim Shapes: ASTM C1047,

1. Galvanized steel Expanded Flange Corner Bead, L-Trim, and J-Trim

2. Galvanized one-piece L-Trim, and J-Stop.

3. Zinc Control Joint No. 093. 2.7 REVEAL MOLDINGS
A. Reveal Moldings: Aluminum 6063 T5 alloy with chemical conversion coating.

B. 1/2 Inch F Reveal Moldings: Fry Reglet, DRMF-625-50, 5/8 inch deep by 1/2 inch wide.

C. 3/4 Inch F Reveal Moldings: Fry Reglet, DRMF-625-75, 5/8 inch deep by 3/4 inch wide.

2.8 FASTENERS
A. Screws conforming to ASTM C1002. Bugle or pan head, and lengths as required for securing materials in place.

1. Wood Framing and Backing: Type W

2. Light Gauge Metal Framing: Type S.

3. 18 Gauge or Heavier Metal Framing: Type S-12.

B. Pneumatic Fasteners:

1. Minimum 0.100 inch diameter.

2. Length to penetrate minimum 1/4 inch beyond steel stud framing. 3. Aericote 1000 corrosion-resistant coating.

PART 3 EXECUTION

3.1 EXAMINATION
A. Verify installation conditions as satisfactory to receive work of this Section before beginning. B.

Verify framing systems, including backing, insulation, vapor barriers, work of Division 15 and 16, and other systems ready for work of this Section.

C. Verify work of Section 054000, Section 072116, Section 092216, and Section 09120 for metal framing, insulation installation, and vapor barrier requirements prior to beginning work of this Section.

D. Building Envelope: Except where moisture and mold-resistant gypsum board panels are installed and accepted by Architect, conform to following:

1. Do not begin work until building envelope is fully enclosed and temperature, ventilation, and humidity are controlled.

2. Do not begin work under conditions that gypsum board installation may be exposed to contact with water.

3.2 PREPARATION
A. Protect surrounding areas and surfaces to preclude damage.

B. Avoid soiling, spatter, and damage to work of other trades. Use cover cloths, or other means of protection. Remove, clean, and repair soiled or damaged work.

07 52 00
SECTION F - Page 16

SPECIAL PROVISIONS

3.3 INSTALLATION
A. Conform to ASTM C840, GA-216, and manufacturer's instructions.

B. Corner Trim: Reinforce external corners with specified corner beads.

C. Edge Trim: Install square edged metal trim bead at exposed edges and boundaries of areas and where abutting dissimilar materials.

D. Reveal Trim:

1. Install with screws at 12 inch on center in 10 foot lengths, except where shorter lengths are sufficient for dimension of wall plane.

2. Make butt joints tight and in alignment.

3. Miter corners.

4. Promptly remove excess joint compound.

E. Control Joints: Conform to WCB Tech Bulletin Control Joints and GA-234, except as otherwise indicated. Verify that required double framing is in place before installing control joints.

1. Door and Other Openings: Install control joints at each side of wall opening and at both sides of wall, except alcoves and similar wall configurations.

2. Continuous Wall Planes: Install control joints floor to ceiling at each 30 lineal foot of wall.

3. Ceilings: Install across ceiling at each 50 lineal foot distance and each 2500 square foot of ceiling area.

4. Joints with Other Materials: Install where gypsum board meets masonry, concrete, and other materials, except where joints are concealed under horizontal chair rails or other trim.

F. Other Trim: Install as indicated or required for complete and finished installation.

G. Panel Joints:

1. Layout: Design to reduce joints to minimum.

2. Install board in maximum lengths to minimize horizontal and vertical joints.

3. Start installation of panels at exterior wall to position butt joints as far away from exterior wall as possible.

4. Place edges in contact and fit neatly, without forcing into place.

5. Stagger joints on opposite sides of partitions and on same side of wall surface at adjacent joints.

6. Maintain 1/2 inch clearance from bottom of wall panel and top of floor. Seal with acoustical sealant.

7. In order to prevent wicking of moisture, do not let gypsum board rest on floor after installation.

H. Single Layer Systems: Install in accordance with ASTM C840. Where modified, amended, or required by fire resistive or sound isolation system, conform to the requirements of the manufacturer's tests, as approved.

I. Double Layer Systems: Install in accordance with ASTM C840, including System VIII for double layer gypsum wallboard installations applied with screws. Conform to required fire resistance standards.

J. Moisture and Mold Resistant Gypsum Board: Install at restrooms, kitchen, janitorial closets, and areas where moisture is present. Do not install as backer board for ceramic tile.

K. Ceramic Tile Backerboard: Install under provision of Section 092810 Section 091813 behind ceramic tile wall installations. Moisture resistant (green board) gypsum board not accepted as backer for ceramic tile.

07 52 00
SECTION F - Page 17

SPECIAL PROVISIONS
L. Joint Sealant and Acoustical Sealant: Install to completely fill void between wallboard edges and adjacent surface.

M. Firestopping and Smoke Sealants: Install in accordance with Section 078400.

N. Plumbing, HVAC, and Electrical: Coordinate with Division 22, Division 23 and Division 26. Provide for installations and penetrations of ductwork, equipment, receptacles, and other work.

3.4 TRIM AND JOINT FINISHING
A. Joints and Interior Angles: Embed tape in joint compound and apply three separate coats of joint compound over joints, angles, fastener heads, and accessories. Tool joint compound smooth and free of tool marks and rides.

1. Center reinforcing tape over joint and coat into compound leaving approximately 1/64 inch to 1/32 inch under tape to provide proper bond.

2. Follow with skim coat to embed tape, but not to function as second coat.

3. Allow embedding coat to thoroughly dry prior to application of second coat.

4. Allow second coat to thoroughly dry.

5. Apply third coat evenly over and extending beyond second coat on joints, feathering to smooth uniform finish.

B. Beads, Trim, Fastener and Joint Depressions:

1. Cover with three coats of taping and joint compound. Apply in different directions making smooth transitions with adjacent surfaces.

2. Allow sufficient drying time between coats.

3. Leave depressions flush with surface plane.

3.5 TOLERANCES
A. Shim panels as necessary to conform to tolerances.

B. Between Board Faces: 1/16 inch offset.

3.6 ADJUSTING
A. Remove and replace following gypsum board installations:

1. Board in contact with water for over 18 hour time period.

2. Gypsum core exhibiting dampness or water intrusion.

3. Facing paper exhibiting delamination.

4. Facing or core exhibiting mold growth or turning black.

5. Board sagging or warped.

6. Board directly exposed to water determined to be contaminated.

3.7 CLEANING
A. Clean beads, screeds, metal base, metal trim, mechanical and electrical items, and other work. B. Wipe clean, leaving work ready for finish specified under other Sections.

07 52 00
SECTION F - Page 18

SPECIAL PROVISIONS
C. As work is completed in each space, clean all rubbish, utensils, and surplus materials from the space.

Leave floors broom-clean.

3.8 SCHEDULE - LEVEL OF FINISH FOR GYPSUM BOARD SURFACES A. Conform to GA-214, ASTM C840, manufactures instructions, and provisions of Contract Documents.

07 52 00
SECTION F - Page 19

SPECIAL PROVISIONS
SECTION 07 32 00

COMPOSITE ROOF TILE

QUARRIX COMPOSITE TILE SPECIFICATION
PART 1 GENERAL

1.1 SECTION INCLUDES
A. Composite Roof Tiles.

B. Tile Roof Accessories for Composite System.

1.2 RELATED SECTIONS
A. Section 06 10 00 - Rough Carpentry
B. Section 06 20 00 - Finish Carpentry.

C. Section 07 53 13 - Chlorinated-Polyethylene Roofing.

D. Section 07 60 00 - Flashing and Sheet Metal.

E. Section 07 71 10 – Roof Specialties.

F. Section 07 72 00 – Roof Accessories.

G. Section 08 60 00 - Roof Windows and Skylights.

H. Division 15 - Mechanical: Mechanical work projecting through roof.

I. Division 16: - Electrical: Electrical work projecting through roof.

1.3 REFERENCES
A. ASTM A 653/A 653M - Standard Specification for Steel Sheet, Zinc-Coated (Galvanized) or ZincIron Alloy-Coated (Galvanized) by the Hot-Dip Process.

B. ASTM A 666 - Standard Specification for Austenitic Stainless Steel Sheet, Strip, Plate, and Flat Bar.

C. ASTM B 209 - Standard Specification for Aluminum and Aluminum-Alloy Sheet and Plate.

D. ASTM B 370 - Standard Specification for Copper Sheet and Strip for Building Construction.

E. ASTM C 290 - Method of Test for Resistance of Concrete Specimens to Rapid Freezing and Thawing in Water.

F. ASTM C 387 - Standard Specification for Packaged, Dry, Combined Materials for Mortar and Concrete.

G. ASTM C 887 - Standard Specification for Packaged, Dry, Combined Materials for Surface Bonding Mortar.

H. ASTM D 226 - Standard Specification for Asphalt-Saturated Organic Felt Used in Roofing and

07 52 00
SECTION F - Page 20

SPECIAL PROVISIONS
Waterproofing.

I. ASTM D 635 - Rate of Burn and Rate of Burn – Weathered.

J. ASTM D 638 - Tensile and Tensile – Weathered.

K. ASTM D 1929 – Ignition Temps and Ignition Temps - Weathered.

L. ASTM D 1970 - Standard Specification for Self-Adhering Polymer Modified Bituminous Sheet Materials Used as Steep Roofing Underlayment for Ice Dam Protection M. ASTM D 2822 - Standard Specification for Asphalt Roof Cement.

N. ASTM D 2843 – Smoke Density
O. ASTM E 108 – Class C Fire
P. ASTM G 155 – 2000 Hours – Xenon Weathering
Q. Temperature Cycling per AC-07
R. FS SS-S-153C - Sealants used with EPDM.

S. FS TT-S-00230C - Chlorosulfonated polyethylene sealants.

T. ICBO-ES AC48 - Acceptance Criteria for Roof Underlayment for Use in Severe Climate Areas.

U. ICC-ES -AC07 - Acceptance Criteria for Special Roofing Systems.

V. FM 4473 - Specification Test Standard for Impact Resistance Testing of Rigid Roofing Materials by Impacting with Freezer Ice Balls.

W. TAS 100 - Test Procedure For Wind And Wind Driven Rain Resistance.

X. Canadian Standard 19-HP-5M - Sealing Compound, One Component, Acrylic Base, Solvent Curing.

Y. NRCA - Steep Roofing Manual; National Roofing Contractors of America.

Z. SMACNA - Architectural Sheet Metal Manual; Sheet Metal and Air Conditioning Contractors National Association.

AA. WSRCA/TRI Concrete and Clay Roof Tile Installation Manual for Moderate Climate Regions.

BB. WSRCA/TRI Standard Installation Guide for Concrete and Clay Roof Tile in Cold Weather Applications.

CC. FRSA/TRI Concrete and Clay Roof Tile Installation Manual for Florida High Wind Applications

1.4 DESIGN / PERFORMANCE REQUIREMENTS
A. Roofing tile materials and installation was tested to ICC-ES -AC07 Acceptance Criteria for Specialty Roofing Systems.

1. ASTM G155 – 2000 Hours – Xenon Weathering

2. ASTM D638 – Tensile & Tensile - Weathered

3. Wind resistance

4. Uplift bend

5. Penetration

6. ASTM E108 – Class C Fire

07 52 00
SECTION F - Page 21

SPECIAL PROVISIONS

7. ASTM D1929 – Ignition Temps & Ignition Temps - Weathered

8. ASTM D635 – Rate of Burn & Rate of Burn – Weathered

9. ASTM D2843 – Smoke Density

10. Temperature Cycling

11. FM 4473 – Ice Hail Impact – Hail impact test for Class 4 Hail

1.5 SUBMITTALS
A. Submit under provisions of Section 01 30 00 - Administrative Requirements.

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

1. Preparation instructions and recommendations.

2. Storage and handling requirements and recommendations.

3. Installation methods.

C. Shop Drawings: Indicate metal flashing profiles, joint locations, fastening locations, and installation details. Indicate tile layout with location of cut and special shaped tiles identified.

D. Selection Samples: For each finish product specified, two complete sets of color chips representing manufacturer's full range of available colors and patterns.

E. Verification Samples: For each finish product specified, two full size samples, representing actual product, color, and patterns.

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

G. Warranty documents, issued and executed by manufacturer of roof tile, countersigned by roof tile installer.

1.6 QUALITY ASSURANCE
A. Manufacturer Qualifications: Minimum three years documented experience producing composite roof tile.

B. Installer Qualifications: Minimum five years documented experience installing products specified in this section and/or supervision by a manufacturer authorized installation representative.

C. Mock-Up: Provide a mock-up for evaluation of surface preparation techniques and application workmanship.

1. Finish areas designated by Architect.

2. Do not proceed with remaining work until workmanship is approved by Architect.

3. Refinish mock-up area as required to produce acceptable work.

D. Pre-Installation Meeting:

1. Convene at job site seven calendar days prior to scheduled beginning of construction activities of this section to review requirements of this section.

2. Require attendance by representatives of the following:

3. Installer of this section.

4. Other entities directly affecting, or affected by, construction activities of this section.

5. Notify Architect four calendar days in advance of scheduled meeting date.

1.7 DELIVERY, STORAGE, AND HANDLING
A. Deliver products to project site in manufacturer's unopened pallets, labeled with data indicating compliance with specified requirements.

07 52 00
SECTION F - Page 22

SPECIAL PROVISIONS
B. Storage and Protection:

1. Store products in manufacturer's unopened packaging until ready for installation.

2. Maintain dry storage area for products of this section until installation of products

1.8 SEQUENCING
A. Ensure that locating templates and other information required for installation of products of this section are furnished to affected trades in time to prevent interruption of construction progress.

B. Ensure that products of this section are supplied to affected trades in time to prevent interruption of construction progress.

1.9 PROJECT CONDITIONS
A. Maintain environmental conditions (temperature, humidity, and ventilation) within limits recommended by manufacturer for optimum results. Do not install products under environmental conditions outside manufacturer's absolute limits.

1.10 WARRANTY
A. Manufacturer's Warranty: Furnish roof tile manufacturer's 50 year limited warranty against defects in product workmanship and materials.

B. Tile will be free from manufacturing defects not to rot, split, splinter or suffer structural damage from normal weather conditions and termite or fungal decay when subject to normal use for a period of fifty (50) years from date of original purchase or will not blow off or otherwise become damaged by winds less than eighty (80) miles per hour for a period of ten (10) years from the date of original purchase.

C. Warranty does not provide protection against any failure, defect or damage caused by situations and events beyond Quarrix’s control, including but not limited to: (i) natural disasters, hail over 1.0” in diameter, fire, smoke, chemicals, earthquakes, lightning or static electricity, (ii) falling, thrown or blown objects, (iii) the neglect, abuse, misuse (including faulty installation, repair or maintenance), improper transportation, handling or storage of the Quarrix Products or other failure to comply with the instructions set forth in the documentation and/or manual accompanying the Quarrix Products, (iv) a modification of the Quarrix Products not provided by Quarrix, (v) a malfunction of any product not provided by Quarrix with which the Quarrix Products are used or combined, (vi) use, modification or other treatment of the Quarrix Products in a manner for which it was not designed or intended, (vii) defects or damage due to inferior building practices, ventilation, drainage issues or roof slopes inconsistent with snow and ice control, (viii) replacement under or subjection to abnormal use conditions, (ix) normal wear and tear including the natural effects of progressive aging on the color and surface of the tile, (x) discoloration and variations in color or uniformity caused by weathering and/or UV exposure, staining due to shade or sap, ash or proximity to metals that might cause discoloration; (xi) foot traffic, (xii) vandalism or other malicious actions, or (xiii) Quarrix Products blown off by winds in excess of 80 mph.

D. Refer to the Quarrix Composite Tile Limited Warranty & Certificate of Warranty for complete details.

1.11 EXTRA MATERIALS
A. See Section 01 60 00 - Product Requirements.

B. Provide an additional one percent of installed roof tiles, but not less than one full square, for Owner's use in roof maintenance.

C. Furnish extra materials packaged with protective covering for storage and identified with labels clearly describing contents.

PART 2 PRODUCTS

07 52 00
SECTION F - Page 23

SPECIAL PROVISIONS

2.1 MANUFACTURERS
A. Acceptable Manufacturer: Quarrix Building Products, A Division of Liberty Plastics Inc an LDI Company, which is located at: 705 Pennsylvania Ave. S.; Minneapolis, MN 55426; Toll Free Tel:
800-438-2920; Tel: 763-540-9700; Fax: 763-540-9709; Email to request info ([email protected]); Web: http://www.quarrix.com
B. Substitutions: Not permitted.

C. Requests for substitutions will be considered in accordance with provisions of Section 01 60 00 - Product Requirements.

2.2 COMPOSITE ROOF TILE
C. Roof Tiles: Quarrix Composite Tile, Double Roman Lightweight Tile; Profile similar to a high barrel Spanish tile and 67% less weight than traditional tile or concrete eliminating the need to reinforce roof structures. Made of HDPE colored resin with textured appearance and two pre-drilled factory fastening locations in each tile.

1. Size: 16-1/2 inches (419 mm) long by 13 inches (330 mm) wide.

2. Material: High Density Polyethylene Polymer

3. Exposure per Tile: 13-1/2 inches (343 mm) long by 11-19/32 inches (394 mm) wide with an overall height of 2-1/4 inches.

4. Weight/Tile 3.38 lb. (1.50 kg).

5. Weight/Square 304 lbs. (137.9 kg).

6. Fire Rating: Class C

7. Certification testing completed to ICC-ES AC-07 Acceptance Criteria for Special Roofing Systems:
a. ASTM G155 – 2000 Hours – Xenon Weathering
b. ASTM D638 – Tensile & Tensile – Weathered
c. Wind resistance
d. Uplift bend
e. Penetration
f. ASTM E108 – Class C Fire
g. ASTM D1929 – Ignition Temps & Ignition Temps – Weathered h. ASTM D635 – Rate of Burn & Rate of Burn – Weathered
i. ASTM D2843 – Smoke Density
j. Temperature Cycling
k. FM 4473 – Ice Hail Impact – Hail impact test for Class 4 Hail

8. Color:

Black
D. Trim: Supply manufactured shapes of same material, style, color, and texture as roof tile for indicated hips, ridges, and rakes.

2.3 TILE ROOF ACCESSORIES
A. Underlayment:

1. Synthetic Self Sealing Roof Underlayment: For roof slopes 4:12 and above underlayment shall meet or exceed ICC-ES AC 48 and AC 207 criteria to meet UBC, IBC and IRC requirements for Roofing Underlayment.

2. Asphalt Saturated Organic Felt: No. 30 Asphalt Saturated Organic Felt, to meet requirements of ASTM D 226, Type 2 or equal.

3. Rubberized Self Sealing Underlayment: ASTM D 1970 sheet barrier of self-adhering rubberized asphalt membrane underlayment having internal reinforcement, and "split" back plastic release film.

07 52 00
SECTION F - Page 24

SPECIAL PROVISIONS
E. Tile Battens: Quarrix Tile Battens, manufactured of corrosion-free, laminated high-density polyethylene corrugated plastic. Layers of corrugated plastic must be glued, not stapled.

1. Tile Battens: Quarrix Tile Battens.
a. Color: Black.
b. Dimensions: 1-1/2 inches (38.1 mm) wide by 8 feet (2.4 m) long by 3/4 inch (19 mm) high.

F. Upper and Lower Metal/Eave Closures: Quarrix coated steel Eave Closure (birdstop) friction fits between the weather checks on the lower edge of the tile. Closure is formed to match the contour of the tile and fits on top of the drip edge under the first course of tile to raise the lower edge to the correct height as well as keep out birds and insects.

1. Color:
a. Black
b. Canyon Earth
c. Desert Red
d. Golden Rod
e. Saddle Brown
G. Universal Tile Ridge Vent: Combines tile ventilation and expandable weather blocking with an aluminum closure system to attach to tile with a peel-off butyl adhesive.

1. Color / Width:
a. Black / 15-3/4 inch by 16 feet (400 mm by 4.87 m)
b. Terra Cotta / 15-3/4 inch by 16 feet (400 mm by 4.87 m) c. Venetian Red / 15-3/4 inches by 16 feet (400 mm by 4.87 m) d. Brown / 15-3/4 inches by 16 feet (400 mm by 4.87 m)
H. Quarrix Universal Tile Flashing: Fully adhered, expandable aluminum flashing with a width of 11-3/4 inches, can be used as a primary flashing and counter flashing, in combination with bent metal flashings, or as a weather block wherever mortar would be required.

1. Color:
a. Black
b. Terra Cotta
c. Venetian Red
d. Brown
I. Fasteners:

1. Tile Fasteners:
a. Quarrix Tile Fasteners: Corrosion resistant exterior grade screws specially engineered for special roof applications and recommended with Quarrix composite tile. Tested to SAE J78 standard with 2-3/4 inch overall length, 1-1/2 inch thread length, #10 panhead (.40 inch) screws, 2 per tile. b. Screw Fasteners: use screws for maximum wind resistance. Two 2-3/4 inch (6.98 cm), non-corrosive No. 10 coarse thread, .344 inch – diameter (8.74 mm) pan-head screws.

This will allow for 1/4 inch (6.35 mm) penetration through sheathing. c. Nails: two non-corrosive, 2-3/4 inch (5.08 cm), 10/11-gauge, ring-shank (18 rings/inch), 3/8 inch-diameter (9.53 mm) head nails. This will allow for 1/4 inch (6.35 mm) penetration through sheathing, when using Quarrix tile battens.

2. Batten Fasteners: Battens should be fastened every 10 inch using nails or screws that are noncorrosive and of sufficient length to fully penetrate the roof sheathing.

3. Underlayment Fasteners: Fasteners for underlayment shall be 11-gauge roofing nails with 3/8 inch (9.53 mm) heads with sufficient length to penetrate into the sheathing 3/8 inch (9.53 mm) or through the sheathing 3/4 inch (19.05 mm) or through the sheathing, whichever is less.

4. Flashing Fasteners: Flashing shall be fastened with 11-gauge, ring-shank, corrosion-resistant nails compatible with the flashing material with sufficient length to penetrate the sheathing 3/4 inch (19.05 mm) or thorough the sheathing, whichever is less.

07 52 00
SECTION F - Page 25

SPECIAL PROVISIONS

5. Fasteners for Hip/Ridge/Rake trim and Hip/Ridge Starter: Quarrix Tile Fasteners for hip and ridge trim shall be No. 10, coarse-thread, 0.344 inch-diameter (8.74 mm), corrosion-resistant pan-head screws (same as the tile fasteners). Use 2-3/4” (6.98 cm) long for ridges and 2-3/4” (6.98 cm) long for the hips. A 3” (7.62 cm) non-corrosive, ring-shank nail in combination with an approved adhesive under the nose of each trim piece can also be used.

J. Snow Guard: Roof tile manufacturer's fabricated unit for protection over entrances, lower roof areas, or other areas where falling snow is not desired. Fabricated from metals and profiles from Alpine Snow Guards (Alpinesnowguards.com).

K. Mortar/grout for hips, open valleys and saddles shall be a combination of 50 lb. mix of Quickwall Surface Bonding Cement and 120 lb. Mason Mix to meet or exceed strength requirements of ASTM C 387 for Type "N" mortar and Concrete Acrylic Fortifier to meet or exceed ASTM C 887 standard specifications as manufactured by Quikrete, Atlanta, GA. Grout and colored mortar to match field tile as manufactured by Flexim is recommended by the Tile Manufacturer.

L. Adhesives to secure cut pieces of field tile along hips, valleys, flying gables, and protrusions and to install hip/ridge/rake trim shall be Titebond as manufactured by Franklin International, Columbus, OH; RT-600 as manufactured by Ohio Sealant Inc., Mentor, OH, or 3500 Roof Tile Adhesive/Sealant by Geocel, Elkhart, IN, or equal.

M. Metal Flashings:

1. General Requirements: Form flashings to profiles indicated on Drawings, in accordance with manufacturer's printed instructions, and as recommended by SMACNA Architectural Sheet Metal Manual to protect materials from physical damage and to shed water. a. Form flashing lengths square, accurate to profile, in maximum possible lengths; form flashing lengths free from distortion or defects detrimental to appearance or performance.
b. Hem edges of flashings exposed to view a minimum 1/4 inch (6 mm) on underside.

2. Eave Flashings and Other Metal Flashings: Copper sheet, ASTM B 370, cold rolled, natural finish; 16 ounces per square foot minimum thickness.

3. Eave Flashings and Other Metal Flashings: Copper sheet, ASTM B 370, cold rolled, natural finish; 20 ounces per square foot minimum thickness.

4. Eave Flashings and Other Metal Flashings: Stainless Steel Sheet for Flashings: ASTM A 666, Type 304 alloy, soft tempered; 24 gauge minimum thickness.

5. Eave Flashings and Other Metal Flashings: 24 gauge galvanized steel sheet, ASTM A 653/A 653M, minimum G90/Z275 hot-dip zinc coating.

6. Eave Flashings: Aluminum sheet, ASTM B 209; 0.019 inch minimum thickness.

7. Concealed sealants along gable rakes, ridge/hip trim and flashings with asphalt saturated felt underlayment shall be non-running, heavy body Plastic Roof Cement that meets or exceeds the requirements of ASTM D 2822 and Federal Specifications SS-S-153C (Type 1) or equal.

Sealants used with EPDM or Synthetic Underlayment shall be per manufacturer's recommendation.

8. Exposed sealants, such as those used on counter flashings or non-soldered joints, should be high quality sealants to meet or exceed requirements of U.S. TT-S- 00230C, U.S. Fed Cat.

No 8030-965-2397, Canadian 19-HP-5M, ASTM C 290 or equal.

PART 3 EXECUTION

3.1 EXAMINATION
N. Verification roof deck structure to meet roof tile manufacturer's installation requirements.

1. Verify roof penetrations are in place and flashed to deck surface.

2. Verify roof openings are correctly framed prior to installing Work of this section.

3. Verify deck is of sufficient thickness to accept fasteners.

4. Verify deck surfaces are dry, unfrozen, and free of ridges, warps, and voids

07 52 00
SECTION F - Page 26

SPECIAL PROVISIONS
O. Notify Architect of unsatisfactory preparation before proceeding.

3.2 PREPARATION
A. Clean surfaces thoroughly prior to installation. Broom clean deck surfaces prior to installation of underlayment.

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

C. Coordinate with installation of gutters, vents, skylights and other adjoining work to ensure proper sequencing. Do not install roofing materials until all vent stacks and other penetrations through roof sheathing have been installed and securely fastened.

3.3 INSTALLATION
A. General: Install in accordance with manufacturer's instructions.

1. Arrange three or more stacks of roof tile at installation area; mix tile from stacks as installation progresses for consistent color blend.

2. Do not overload roof surface with staged materials.

P. Install roof tile in accordance with shop drawings, manufacturer's printed installation instructions for specified project conditions and the following:

1. ICC-ES -AC07.

2. WSRCA/TRI Concrete and Clay Roof Tile Installation Manual for Moderate Climate Regions.

3. WSRCA/TRI Standard Installation Guide for Concrete and Clay Roof Tile in Cold Weather Applications.

4. FRSA/TRI Concrete and Clay Roof Tile Installation Manual for Florida High Wind Applications.

5. NRCA Steep Slope Roofing Manual.

6. SMACNA Architectural Sheet Metal Manual.

B. Eave Flashings: Install metal eave flashing 1/8 inch (3 mm) beyond the fascia; lap end joints minimum 3 inches (76 mm), with plastic cement seal between overlapping metal surfaces.

1. Apply self-seal membrane over eave flashing parallel to eave edge in accordance with manufacturer's printed instructions.

2. Extend self-seal membrane up roof slope minimum 2 feet (610 mm) beyond interior face of exterior wall or as required by code, whichever is greater.

3. Place each successive ply overlapping top edge of previous ply 3 inches (76 mm).

C. Valley Flashings: Install 24 inch (610 mm) to 28 inch (711 mm) standing seam, double rib (for closed valleys) or 24 inch (610 mm) double rib valley flashing (for open grouted valleys).

1. Form flashings in accordance with manufacturer's instructions for valley type indicated.

2. Apply flashing over 36 inch (914 mm) full width vertical underlayment centered in all valley areas.

3. Install flashings centered on valley; nail in place at 12 inches (305 mm) on center, 1 inch (25 mm) from metal edges.

4. Roof Pitch 4 in 12 or Greater: Lap flashing end joints minimum 4 inches (102 mm).

5. Roof Pitch Less Than 4 in 12: Lap flashing end joints minimum 6 inches (152 mm).

6. For slopes below 3:12 or 4:12 in severe weather areas, install flashings and EPDM underlayment per details provided by the Manufacturer.

D. Sidewall Flashings: Coordinate with the installation of sidewall flashings specified in Section 07 60 00 - Flashing and Sheet Metal Flashing and Sheet Metal.

E. Synthetic underlayment

1. Use self-sealing membrane that meets or exceeds requirements of ICC-ES 48 along roof

07 52 00
SECTION F - Page 27

SPECIAL PROVISIONS
perimeters and protrusions. Underlayment should be installed parallel to the roof eave with a 6 inch (15.24 cm) lap on the ends, a 3 inch (7.62 cm) side lap and a minimum 1/4 inch (6.35 mm) lap over eaves.

2. Class C: ICC-ES, self-sealing membrane is required up the roof deck at least 2 feet (60.96 cm) inside the exterior wall, 6 feet (1.83 m) in the valleys and 3 feet (91.44 cm) around protrusions, gables, walls and under valley flashings. For better protection, smaller roofs, and lower slopes, self-sealing membrane may be used on the entire roof deck. High temperature underlayment is not required, but may enhance performance. Heavy granulated underlayment is not recommended.

F. Asphalt Saturated Organic Felt No.30 Underlayment or approved synthetic underlayment: Install 2 plies underlayment over entire roof area, parallel to eaves.

1. Place first ply 18 inches (457 mm) wide at eave edge, with bottom edge extending 1/4 inch (6 mm) over lower edge of eave flashing; seal to eave flashing.

2. Place second ply 36 inches (914 mm) wide over first ply flush at bottom and sealed to first ply.

3. Place third ply 36 inches (914 mm) wide 15 inches (381 mm) up from bottom edge of first ply.

4. Place each successive ply 18 inches (457 mm) up from bottom of each previous ply.

5. Nail horizontal seams 1 inch (25 mm) from exposed edge of felt; space nails in accordance with manufacturer's printed instructions for roof slope.

6. Overlap vertical seams minimum 6 inches (457 mm), seal lap with plastic cement, then nail at 3 inches (76 mm) on center; stagger vertical laps of each successive layer so that vertical joints do not align in any two adjacent plies.

7. Ridges, Except at Ridge Vents: Extend underlayment over ridges 6 inches (152 mm) on each side making a double layer.

8. Hips: Extend underlayment over hips 6 inches (152 mm) on each side making a double layer.

9. Valleys: Overlap metal valley flashing 3 inches (76 mm) and seal to metal.

G. Rubberized Underlayment: Install underlayment over entire roof area, parallel to eaves.

1. Install in accordance with manufacturer's printed instructions.

2. Place first ply at eave edge, with bottom edge extending 1/4 inch (6 mm) over lower edge of eave flashing; seal to eave flashing.

3. Place each successive ply overlapping top edge of previous ply 3 inches (76 mm).

4. Ridges, Except at Ridge Vents: Extend underlayment over ridges 6 inches (457 mm) on each side making a double layer.

5. Hips: Extend underlayment over hips 6 inches (152 mm) on each side making a double layer.

6. Valleys: Overlap metal valley flashing 3 inches (76 mm) and seal to metal.

H. Single Ply Roof Membrane: Install EPDM membrane over entire roof area, parallel to eaves.

1. Install in accordance with manufacturer's printed instructions.

2. Place first ply at eave edge, with bottom edge extending 1/4 inch (78 mm) over lower edge of eave flashing; seal to eave flashing.

3. Place each successive ply overlapping top edge of previous ply 3 inches (76 mm).

4. Bond lapped joints in accordance with EPDM manufacturer's printed instructions.

5. Ridges, Except at Ridge Vents: Extend membrane over ridges 6 inches (152 mm) on each side making a double layer.

6. Hips: Extend membrane over hips 6 inches (152 mm) on each side making a double layer.

7. Valleys: Overlap metal valley flashing 3 inches (75 mm) and seal to metal.

I. Intersections of Roof Surfaces and Abutting Vertical Surfaces:

1. Install continuous 36 inch (914 mm) wide strips of self-seal membrane to extend 30 inches (762 mm) across roof deck and 6 inches (152 mm) up vertical surface.

2. Install continuous metal flashing to extend 3 inches (76 mm) up vertical surface.

3. At locations where vertical surface will abut top edge of tile, install metal flashing to extend 3 inches (76 mm) up vertical surface, form metal flashing to extend minimum 3 inches (76 mm) over tile, and form 1/2 inch (12.5 mm) return hem at edge of metal.

4. Form saddle flashings for protrusions through roof in accordance with manufacturer's printed

07 52 00
SECTION F - Page 28

SPECIAL PROVISIONS
instructions.

J. Ridge Vent: Install in accordance with manufacturer's printed instructions.

1. Apply Quarrix Universal Tile Ridge Vent (or Quarrix Universal Flashing) to the ridge.

2. Center vent on the ridge and loosely form the material to the tile roof surface

3. Determine how much vent you want exposed or concealed and snap horizontal lines accordingly

4. Overlap any rolls by 3 inch (7.52 cm).

5. Remove the protective strip and firmly press into the tiles.

K. Tile Battens:

1. Align the batten along the pre-chalked line.

2. Never space battens more than 13-1/2 inches apart.

3. Nail or screw the batten 2 inches from each end.

4. Nail or screw the battens every 10 inches.

5. Quarrix Tile Battens are not structural support for the tile.

6. Tile fasteners need to penetrate the roof deck through the battens by a minimum of 3/4 inch.

7. A utility knife can be used for cutting the battens.

8. When applying the battens, it is recommended to install one roof plane at a time and not leave battens exposed an extended time to heat and sun as movement may occur prior to being covered by the tile.

L. Eave Flashings: Install metal eave flashing 1/8 inch (3 mm) beyond the fascia; lap end joints minimum 3 inches (76 mm), with plastic cement seal between overlapping metal surfaces.

1. Apply self-seal membrane over eave flashing parallel to eave edge in accordance with manufacturer's printed instructions.

2. Extend self-seal membrane up roof slope minimum 2 feet (610 mm) beyond interior face of exterior wall or as required by code, whichever is greater.

3. Place each successive ply overlapping top edge of previous ply 3 inches (76 mm).

M. Fasteners: Install in accordance with manufacturer's printed instructions.

N. Roof Tile:

1. Install tile right to left, as viewed facing ridge.

2. Install closure strips in accordance with manufacturer's printed instructions for project conditions.

3. Fasten tile each tile to battens with two Quarrix High-Low Roofing Screws, 2.75 inch #10 panhead (.40 inch) screws per tile.

4. Fasten tile each tile to battens with two 2 inch 10/11 gauge ring shank 3/8 inch diameter nails and 13-1/2 inches (343 mm) exposure.

5. Cut tile, as tile installation progresses, for hip, valley, and wall conditions.

6. Partial tiles shall be secured at two points or by two methods; screws, wires, adhesives and clips.

O. Install venting as tile installation progresses; locate in accordance with manufacturer's instructions.

P. Trim:

1. Install trim pieces for hips, ridges, and rakes as tile installation progresses; cut shapes, set in bed of plastic roof cement, and secure in place with minimum 2 fasteners per piece for rake trim, and minimum 1 fastener per piece for hip and ridge trim.

2. Cut special shapes for project conditions as required.

3. Overlap trim piece ends minimum 3 inches (76 mm); seal overlapping surfaces with approved adhesives.

07 52 00
SECTION F - Page 29

SPECIAL PROVISIONS
Q. Counter flashings:

1. Install counter flashings tight to substrates, with top edge of counter flashing concealing base flashings; lap end joints minimum 3 inches (76 mm).

2. Fasten counter flashings using specified fasteners; fasten on vertical surfaces only, at maximum spacing 12 inches (305 mm) on center.

3.4 PROTECTION
R. Protect installed products until completion of project.

S. Touch-up, repair or replace damaged products before Substantial Completion.

END OF SECTION

07 52 00
SECTION F - Page 30

SPECIAL PROVISIONS
SECTION 07 52 00

MODIFIED BITUMEN MEMBRANE, COLD APPLIED
1 PART 1 - GENERAL

1.01 DESCRIPTION
A. Completely tear off existing roof, insulation and all other related items to the deck. Repair existing roofing surface for application of the specified SBS system per NRCA and manufacturer's recommendations.

1. Repair existing roofing surface for application of the specified SBS system per NRCA and manufacturer's recommendations.

2. Contractor shall raise mechanical equipment to maintain an 8" curb height and provide design and details for anchorage to the curb including but not limited to anchorage type and size of required hardware and wood/sheet metal screws. The proposed design shall include construction drawings and lateral and gravity calculations.

3. Replace or repair existing drains and install new pitch pans.

4. Replace all damaged, split or deteriorated plumbing support wood blocks.

B. Install crickets where required to prevent any ponding water. Contractor is solely responsible to determine the number and location of the crickets.

C. Provide lead flashings on breather pipe, electrical and plumbing penetrations presently without lead.

D. Install wall and base flashings systems.

E. Install sheet metal flashing.

F. Mechanically fasten a tapered rigid insulation with screws and plates. Cover the entire surface with a ½” cover board applied in adhesive.

G. Fully apply in cold adhesive one layer of smooth interplay SBS membrane over the protection board. Fully apply in cold adhesive one layer of granulated fire rated cap sheet over the interply.

H. Contractor shall raise all equipment curbs such as A/C, mechanical units and sky lights and vent pipes to maintain an 8” (if needed) curb height from field of new roofing system.

I. All damaged equipment curbs shall be replaced.

J. Wood Deck Repairs: Repair any structural damage to the deck. Deck repairs shall be performed as a Change Order to the Contract and in accordance with the Change Order Provisions and Unit Price Provisions of the Contract Documents. Lumber for Decking shall match the existing.

Framing Lumber shall be number 2 Douglas fir of the same dimension as the existing. Bolts shall conform to ASTM A325.

K. Paint shall approximately match the existing, be designed to bond to the surface designated, be manufactured by Glidden, Sherwin Williams, (or equal). Primer for Wood shall be a wood primer designed for use with the paint selected. Primer for Metal shall be a metal primer designed for use with the paint selected.

1.02 RELATED SECTIONS: Drawings, General Provisions, Special Provisions and Division 1 apply to the work of this section.

A. Section 06 10 00 - Rough Carpentry
B. Section 07 62 00 - Sheet Metal Flashing and Trim

1.03 REFERENCES: References in these specifications to standards, test methods, codes etc., are implied to mean the latest edition of each such standards are adopted. The following is an abbreviated list of associations, institutions, and societies, which may be used as references throughout these specifications.

07 52 00
SECTION F - Page 31

SPECIAL PROVISIONS
A. American Society for Testing & Materials (ASTM):

1. ASTM E96/E96M—2016: Standard for Water Transmission

2. ASTM C1289—2018 - Standard Specification for Faced Rigid Cellular Polyisocyanurate Thermal Insulation Board.

3. California Title 24 requirements for Cool Roof.

B. American Wood Preservative Bureau:

1. AWPB LP-2: Water Borne Preservatives (Above Ground)
C. Industry Publications:

1. National Roofing Contractors Association (NRCA) Roofing and Waterproofing Manual

2. Underwriters Laboratories (UL) - Roofing Systems and Materials Guide (TGFU R1306).

3. Factory Mutual (FM Global) - Approval Guide.

Factory Mutual Standard 4470 - Approval Standard for Class 1 Roof Covers.

D. SMACNA: Sheet Metal and Air Conditioning Contractors National Association Chantilly, VA
E. OSHA: Occupational Safety and Health Administration Washington, DC

1.04 COORDINATION
Coordinate with other trades affecting or affected by work of this section.

1.05 QUALITY ASSURANCE
A. Contractor Qualifications: Prior to award of the contract the contractor shall submit evidence of the following:

1. Contractor shall provide a letter stating that they have at least 4 years experience with TPO roofing systems and a list of 3 jobs over 150 squares.

2. An updated letter from the primary roofing manufacturer they propose to use stating the Contractor has a valid “ Certificate of Eligibility “ and that application done by contractor will qualify for the warranty as required by the specification.

B. Pre-Roofing Conference: Meet at the project site well in advance of the time schedules for roofing and other related work, and review requirements for the work and conditions which could possibly interfere with successful performance of the work, or required to coordinate with it or to protect it there after with representatives of all firms involved in the work. Require manufacturer's technical representative to participate in the conference. Date shall be determined after project has been awarded.

C. Final Inspection: Manufacturer's representative shall provide a comprehensive intermediate and final inspection after completion of the roof system. All application errors shall be addressed and final punch list completed.

A. Manufacturer Qualification: Roofing manufacturer shall own and operate their own manufacturing facility for TPO roofing system for a minimum of 7 years. Roofing membranes supplied under a private label agreement are not acceptable. Roofing manufacturer shall submit a letter from their CPA firm confirming compliance with this requirement.

B. Testing and agency requirements: