Bid Notice-Roof Silicone Seal Coating Project.pdf

15990 Kelso Road Byron, CA 94514 t (209) 832-6200 f (209) 833-1034 sldmwa.org

INVITATION FOR

INFORMAL BID

FOR

TRACY FIELD OFFICE (TFO) ROOF SILICONE SEAL

COATING PROJECT

SOLICITATION

DOCUMENTS

September 2026

Specification No: F27-TFO-011

Solicitation No: F27-TFO-011

TABLE OF CONTENTS

TABLE OF CONTENTS

NOTICE INVITING INFORMAL BIDS

BID DOCUMENTS

Documents That Must Be Submitted With Bid

Informal Bid Form

Bid Bond (or other permitted Bid security)

Subcontractor Listing Form

Documents That Must Be Submitted Upon Award

Construction Agreement

Performance Bond

Payment Bond

To Be Submitted As Part Of Close-out

Guarantee Form

AGREEMENT FOR CONSTRUCTION

NOTICE INVITING INFORMAL BIDS 1

NOTICE INVITING INFORMAL BIDS

NOT TO EXCEED $200,000.00

Notice is hereby given that the San Luis & Delta-Mendota Water Authority (SLDMWA), will receive informal Bids as follows:

BID DUE DATE / TIME:

Wednesday, October 21, 2026, Until 2:00 P.M.

(Local Time)

SUBMIT BIDS TO:

Travis Roberts, Contract Specialist Travis.roberts@sldmwa.org

FOR: San Luis & Delta-Mendota Water Authority

TFO Roof Silicone Seal Coating

ESTIMATED CONSTRUCTION COST: $100,000 to $150,000

TOTAL CONTRACT TIME: 30 Calendar Days (or agreed upon date)

CONTRACTOR’S CALIFORNIA LICENSE

AND/OR CLASS REQUIRED

CLASS A, C-39

CRITICAL DATES

The following are the anticipated dates in connection with the selection of a bid, but are subject to change:

September 21, 2026 Release of Invitation for Informal Bid

September 30, 2026 – 10:00 AM Optional Pre-Bid Conference / Site Visit

SLDMWA Tracy Field Office

15990 Kelso Road

Byron, CA 94514

October 7, 2026 – 5:00 PM Last day to submit questions, Request for Approved

Equals, Clarifications, Exceptions and/or Changes and

Redlines via email

October 14, 2026 Responses to Questions, Request for Approved Equals, Clarifications, Exceptions and/or Changes and Redlines.

October 21, 2026 – 2:00 PM PST. Bids due

October 22, 2026 Notice of Intent to Award

October 28, 2026 Notice of Award

November 9, 2026 Anticipated Contract Execution

NOTICE INVITING INFORMAL BIDS 2

This project includes an optional pre-bid conference on September 30, 2026 at 10:00 AM. The optional pre-bid conference will take place at the Tracy Field Office, located at: 15990 Kelso Road Byron, CA

94514. A project walk-through will follow immediately after the pre-bid conference.

Notice is hereby further given that the Project is a public works project within the requirements of Division

2, Part 7, Chapter 1 of the California Labor Code, and that each Bidder and all Subcontractors are required to be registered pursuant to Labor Code section 1725.5 at the time of bidding. Failure of the Bidder to be registered at the time of bidding shall render the Bid non-responsive and unavailable for award. A

Subcontractor who is unregistered will not be permitted to work on the Project. If any Subcontractor required to be listed in the Bid is unregistered, that Subcontractor will be required to be substituted with a registered Subcontractor at no additional cost to the SLDMWA and/or the listing of an unregistered

Subcontractor may render the bid nonresponsive. Bidders shall provide the registration numbers for all listed Subcontractors within 24 hours of bid due date and registration numbers of all Subcontractors who are not required to be listed not later than 24 hours before they are to start work on the Project.

SLDMWA affirmatively identifies this project as a “public work” as that term is defined by Labor Code

Section 1720, and the project is, therefore, subject to prevailing wages under Labor Code Section 1771.

Contractor and its Subcontractors shall fully comply with all the provisions of the California Labor Code governing the performance of public works contracts including, but not limited to, payment of prevailing wages, limitations on time worked, compliance with apprentice requirements, maintenance of payroll records, posting of wages at the job site and prohibitions against discrimination. Information on prevailing wages rates can be found on the following website:

https://www.dir.ca.gov/oprl/DPreWageDetermination.htm The prevailing wage rates hereby are incorporated in this Contract and made a part hereof.

The Solicitation and Contract Documents form the Contract for Construction. Complete sets of Solicitation and Contract Documents must be used in preparing Bids. The SLDMWA does not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. The

SLDMWA, in making copies of the Contract Documents available on the above terms, does so only for the purpose of obtaining Bids for the Work and does not confer license or grant for any other use.

Bidders shall develop and submit Bids at their own expense. The SLDMWA will not reimburse any costs associated with the development and submittal of any and all Bids. Bidders must satisfy themselves as to the accuracy of the estimated quantities in the Bid Schedule by review of the Contract drawings and specifications including addenda. After Bids have been submitted, the Bidder shall not assert that there was a misunderstanding concerning the quantities of work or the nature of the work to be done. The Contract

Documents contain the provisions required for the PROJECT. Information obtained from an officer, agent, or employee of the SLDMWA or any person shall not affect the risks or obligations assumed by the

CONTRACTOR or relieve them from fulfilling any of the conditions of the Contract.

Each Bid must be submitted in the format as shown on the Bid Forms provided in the Contract Documents.

The Bid must be submitted and received by the SLDMWA Chief Operating Officer no later than the time and date prescribed. The clock located in the SLDMWA’s office is considered the official local time. Bid submissions received after the designated time will not be considered and will be returned to the Bidder unopened.

IMPORTANT NOTE: If the Total Bid Amount is greater than $25,000, the Bid must also be accompanied by security in the form of a Bidder’s Bond issued by a corporate surety, a certified check, money order or cashier’s check payable to the San Luis & Delta-Mendota Water Authority, or cash. The amount of the bid

NOTICE INVITING INFORMAL BIDS 3

security must be not less than ten percent (10%) of the Total Bid Amount. If the successful bid is greater than

$25,000, the successful Bidder shall be required to execute a Payment Bond and a Performance Bond, issued by a corporate surety, in conformance with the requirements set forth in the Contract Documents, each for not less than one hundred percent (100%) of the Contract Price.

If the successful responsible bidder fails or refuses to execute any Contract for the Project, the SLDMWA may, in its discretion, award the Contract to the second lowest, responsible bidder. If the second lowest, responsible bidder fails or refuses to execute any Contract for the Project, the SLDMWA may, in its discretion, award that and all other Contracts for the Project to the third lowest, responsive responsible bidder.

Any contract awarded pursuant to this Notice Inviting Informal Bids shall permit the Contractor, at the

Contractors’ sole expense, to substitute securities for any moneys withheld to ensure performance under the Contract, in accordance with the requirements of the Public Contract Code Section 22300.

No Bid received may be withdrawn for a period of sixty (60) days after the bid due date, except pursuant to California Public Contract Code sections 5101 et seq.

The SLDMWA reserves the right to award the Contract, to reject any or all Bids, to waive non-material and inconsequential irregularities in any Bid, and to reject nonconforming, nonresponsive, non-responsible, or conditional Bids.

NOTICE INVITING INFORMAL BIDS 4

Questions and Answers; Addenda; Approved Equals

Should a Bidder find discrepancies, ambiguities, inconsistencies, errors or omissions in this

Informal Invitation for Bid or the Contract Documents, and/or should the Bidder have any doubt about the meaning of this Informal IFB or any of the Contract Documents, and/or should any

Bidder have any proposed changes to the contract attached as Attachment C, the Proposer may submit a question in writing by email to Travis Roberts, Contract Specialist, at travis.roberts@sldmwa.org no later than 5:00 p.m. on October 7th, 2026. Bidders are requested not to contact other Authority staff or Board members in any manner in connection with this

Informal IFB. Any Bidder who violates this request may be disqualified from further consideration.

The Authority will reply regarding substantive questions by addenda which will be emailed to any potential bidder who has requested to be added to the potential bidder list, and will be uploaded to the Authority’s website. The Authority will make reasonable efforts to email all bidders on the list, but does not guarantee that all potential bidders will receive all emails, e.g., due to inadvertent oversight, typographical error, or technical error. It is the responsibility of the Bidder to check for updated information prior to the Bid due date. Questions received after the deadline noted in the

Informal Invitation for Bid may not be answered.

Any issue which is required to be raised herein and is not raised prior to the deadline to submit questions shall be deemed waived, and the Authority will not consider any challenge based on the contents, structure, or terms of this Informal IFB after the bid deadline and will reject proposed edits to the contract making substantive changes.

The Authority shall not be obligated to respond to any question unless it is submitted in writing to the Authority’s designated representative identified above. The Authority shall be bound only by written responses to questions contained in an addendum to the Informal IFB. Oral responses, or email responses, shall not be binding on the Authority.

Should a Bidder want to submit a proposed “equal” for approval prior to the Bid due date, all information required by the Contract Documents in support of such request must be submitted to

Travis Roberts at travis.roberts@sldmwa.org no later than 2:00 p.m. on October 7th, 2026. Any

“equal” approved prior to the Informal Bid deadline will be identified in an Addendum.

NOTICE INVITING INFORMAL BIDS 5

INSTRUCTIONS TO BIDDERS - BID SUBMISSION

Complete sets of Solicitation Documents must be used in preparing Bids. The SLDMWA does not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Solicitation Documents. The SLDMWA, in making copies of the Solicitation Documents available on the above terms, does so only for the purpose of obtaining Bids for the Work and does not confer license or grant for any other use.

Bidders shall develop and submit Bids at their own expense. The SLDMWA will not reimburse any costs associated with the development and submittal of any and all Bids. Bidders must satisfy themselves as to the accuracy of the estimated quantities in the Bid Schedule by review of the specifications including addenda. After Bids have been submitted, the Bidder shall not assert that there was a misunderstanding concerning the quantities of work or the nature of the work to be done. The Solicitation Documents contain the provisions required for the Work. Information obtained from an officer, agent, or employee of the SLDMWA or any person shall not affect the risks or obligations assumed by the Bidder or relieve them from fulfilling any of the conditions of the Contract.

Each Bid must be submitted in the format as shown on the Bid Forms provided in the

Solicitation Documents and in a sealed envelope. The name and address of the bidder must appear on the outside of the envelope, along with the notation "TFO Roof Silicone Seal Coating, Bid Enclosed". The Bid must be submitted and received by the SLDMWA Chief Operating

Officer or designated representative no later than the time and date prescribed. Bid submissions received after the designated time or sent via fax or email will not be considered. Failure to comply with the requirement to submit the entire bid package may result in the bid being rejected.

If the successful responsible bidder fails or refuses to execute any Contract for the Project, the

SLDMWA may, in its discretion, award the Contract to the second lowest, responsible bidder. If the second lowest, responsible bidder fails or refuses to execute any Contract for the Project, the

SLDMWA may, in its discretion, award that and all other Contracts for the Project to the third lowest, responsive responsible bidder.

No Bid received may be withdrawn for a period of forty-five (45) days after the bid due date, except pursuant to California Public Contract Code Section 5101 et seq.

The SLDMWA reserves the right to award the Contract, to reject any or all Bids, to waive non-material and inconsequential irregularities in any Bid, to reject nonconforming, nonresponsive, non-responsible, or conditional Bids. The SLDMWA also reserves the right to base awards with due regard to quality and to make award to any bidder whose bid, in the opinion of the

SLDMWA, best serves the interest of the SLDMWA.

CONTRACT SPECIFICATIONS 1

CONTRACT SPECIFICATIONS

Contractor will provide ASC coating (or equivalent) to reseal the following structures’ roofs and fill any existing holes with larger screws:

Site Location:

Tracy Admin Office, 15990 Kelso Road, Byron, CA 94514 (ALAMEDA COUNTY)

Working Hours: 7:00 AM – 4:00 PM, Monday through Friday

Structures:

1) SLDMWA – Civil Maintenance Building (Identified under Attachment 1 – Structure A)

2) SLDMWA – Paint Shop (Identified under Attachment 1 – Structure B)

Scope of Work:

1. Thoroughly remove and dispose of existing loose debris on roof surface.

2. Pressure wash roof surface and allow ample time for the roof to dry.

3. Apply a Clear Acrylic Primer and allow ample time for it to cure.

4. Contractor will install PBR Gel Closures (or equivalent) under all vents to the existing

Tracy Admin Office Roof.

5. Seal all fasteners and gutter hangers with ASC-7 Acrylic Mastic (or equivalent).

6. Provide three course on all seams with Polyester Rolls and ASC-7 Acrylic Mastic (or equivalent).

7. Apply ASC Silicone “White” Roof Coating (or equivalent) at 3 gallons per 100 sq feet.

Note: SLDMWA provides the following Technical Specifications as Attachment 2 for the application materials to be applied for this project. This serves as an example of the specification salience to be applied. SLDMWA will allow equals for this Work, but must meet these minimum requirements. If Contractor will be submitting an equal product for this project, then it must be submitted during the Questions and Answers period.

CONTRACT SPECIFICATIONS 2

ATTACHMENT 1

CONTRACT SPECIFICATIONS 3

ATTACHMENT 2

CONTRACT SPECIFICATIONS 4

INFORMAL BID FORM 1

SAN LUIS & DELTA-MENDOTA WATER AUTHORITY

INFORMAL BID FORM

(MUST BE SIGNED BY BIDDER)

Informal Bids will be received no later than 2:00 p.m. on Wednesday, October 21st, 2026, at the Chief

Operating Officer’s Office at 15990 Kelso Road, Byron, California 94514-9614.

The undersigned hereby proposes and agrees to furnish any and all required labor, material, equipment transportation, and services for

Tracy Field Office (TFO) Roof Silicone Seal Coating Project for the San Luis & Delta-Mendota Water Authority, Tracy Field Office, Byron, CA 94514.

The work is to be done in strict conformity with the Solicitation and Contract Documents (Notice Inviting

Informal Bids, Agreement for Construction, and Contract Specifications), at the following Lump Sum and/or Unit Prices:

Item

No.

Description Quantity Unit Unit Price Amount

Building A – Civil Maintenance Office

Removal and disposal of existing loose debris on roof surface.

LUMP SUM $

Pressure wash roof surface

LUMP SUM $

Application of Clear Acrylic Primer (or equivalent)

11,000 Sq. ft $ $

Installation of PBR Gel Closures (or equivalent) under all vents to the existing roof.

LUMP SUM $

Provide three course on all seams with

Polyester Rolls and ASC-7 Acrylic

Mastic (or equivalent).

11,000 Sq. ft $ $

Apply ASC Silicone “White” Roof

Coating (or equivalent) at 3 gallons per

100 sq feet.

11,000 Sq. ft $ $

INFORMAL BID FORM 2

Building B – Paint Shop

Removal and disposal of existing loose debris on roof surface.

LUMP SUM $

Pressure wash roof surface

LUMP SUM $

Application of Clear Acrylic Primer (or equivalent)

7,728 Sq. ft $ $

Installation of PBR Gel Closures (or equivalent) under all vents to the existing roof.

LUMP SUM $

Provide three course on all seams with

Polyester Rolls and ASC-7 Acrylic

Mastic (or equivalent).

7,728 Sq. ft $ $

Apply ASC Silicone “White” Roof

Coating (or equivalent) at 3 gallons per

100 sq feet.

7,728 Sq. ft $ $

Total Bid Amount: $

Total Bid Amount for all items listed above shall be (spell out):

Dollars.

(All Federal, State and local taxes are included in the Total Bid Amount.)

If awarded the Contract, and the Total Bid Amount is greater than $25,000, the undersigned shall execute said Contract and furnish the necessary Performance and Payment Bonds and insurance certifications within ten (10) calendar days after the Notice of Award of said Contract and begin work as set forth in the written

Notice to Proceed from the San Luis & Delta-Mendota Water Authority (hereinafter referred to as the

“SLDMWA”) to Contractor.

In determining the amount bid by each bidder, the SLDMWA shall disregard mathematical errors in addition, subtraction, multiplication, and division that appear obvious on the face of the Bid. When such a mathematical error appears on the Bid, the SLDMWA shall have the right to correct such error and to compute the total amount bid by said bidder on the basis of the corrected figure or figures.

When an item price is required to be set forth in the Bid, and the total for the item set forth separately does not agree with a figure which is derived by multiplying the item price times the Engineer’s estimate of the

INFORMAL BID FORM 3

quantity of work to be performed for said item, the item price shall prevail over the sum set forth as the total for the item unless, in the sole discretion of the SLDMWA, such a procedure would be inconsistent with the policy of the bidding procedure. The total paid for each such item of work shall be based upon the item price and not the total price. Should the Bid contain only a total price for the item and the item price is omitted, the SLDMWA shall determine the item price by dividing the total price for the item by

Engineer’s estimate of the estimated quantities of work to be performed as items of work.

If the Bid contains neither the item price nor the total price for the item, then it shall be deemed incomplete and the Bid shall be disregarded.

It is understood that this Bid is based upon completion of the work to within a period of 30 calendar days commencing on the day the Notice to Proceed is issued.

The undersigned represents and warrants that the undersigned has examined the location of the proposed work and is familiar with the local conditions at the place where the work is to be done, and the undersigned has reviewed and understands the plans, specifications and other Contract Documents, and the undersigned is satisfied with all conditions for the performance of the work.

The undersigned has checked carefully all of the above figures and understands that the San Luis & Delta-

Mendota Water Authority will not be responsible for any errors or omissions on the part of the undersigned in making up this Bid. All items are complete and Bid Amount includes sales tax, other applicable taxes and fees.

The Contractor shall initial below that it has received the appropriate addenda and has incorporated the addenda into its Bid.

Addenda Received and Acknowledged

No. 1

No. 2

No. 3

IMPORTANT NOTE: WHEN BID AMOUNT IS GREATER THAN $25,000, A BID DEPOSIT OF

NOT LESS THAN TEN PERCENT (10%) OF BID THE AMOUNT IS REQUIRED. BID DEPOSIT IS

ENCLOSED IN THE FOLLOWING FORM:

☐ CERTIFIED CHECK ☐ MONEY ORDER ☐ CASHIER’S CHECK ☐ BID BOND ☐ N/A

AGREEMENT

It is understood and agreed that if written notice of the SLDMWA's acceptance of this Bid is mailed, emailed, or delivered to the undersigned Bidder after the bid due date, and within the time set in the Notice Inviting

Informal Bids or at any time thereafter before this Bid is withdrawn, the undersigned Bidder will execute and deliver to the SLDMWA the Agreement for Construction in accordance with the Bid as accepted, within ten

(10) days after receipt of notification of award, and that the Work under the Contract shall be commenced by the undersigned Bidder, if awarded the Contract, on the date to be stated in a Notice to Proceed and shall be completed in the time specified in the Contract Documents. In the event the Bidder to whom an award is made fails or refuses to execute the Agreement for Construction within ten (10) days from the date of receiving notification that it is the Bidder to whom the Contract is awarded, the SLDMWA may declare the Bidder's bid deposit or bond forfeited as damages caused by the failure of the Bidder to enter into the Agreement for

Construction.

INFORMAL BID FORM 4

The undersigned Bidder agrees that the information and representations provided herein are made under penalty of perjury.

NOTE: If Bidder is a corporation, the legal name of the corporation shall be set forth below, together with the signatures of authorized officers or agents; if Bidder is a partnership, the true name of the firm shall be set forth below together with the signature of the partner or partners authorized to sign contracts on behalf of the partnership; and if Bidder is an individual, his/her signature shall be placed below.

NAME OF BIDDER:

Name

Address

City, State Zip Code

Phone No.

BY:

Signature

Type/Print Name

Title

DATE:

Valid California Contractor’s License No.:

Expiration date:

Class:

California Department of Industrial Relations (California Labor Code Section 1725.5)

Registration No.:

BID BOND 1

ATTACHMENT A

BID BOND

San Luis & Delta-Mendota Water Authority

We,____________________________________, as principal, and _________________________, as

Surety are held and firmly bound unto the San Luis & Delta-Mendota Water Authority, hereafter referred to as “Obligee”, in the penal sum of ten percent (10%) of the total amount of the Proposal of the Principal submitted to the Obligee for the Work described below, for the payment of which sum we hold and firmly bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT:

WHEREAS, the Principal is submitting a Bid to the Obligee, for

(Copy here the exact description of work, including location, as it appears on the Bid) for which Bids are to be opened at Byron, CA on (Insert date of Bid opening)

NOW, THEREFORE, if the Principal is awarded the Contract and after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form, in accordance with the

Bid, and files two bonds with the Obligee, one to guarantee faithful performance of the contract and the other to guarantee payment for labor and materials as provided by law, then this obligation shall be null and void; otherwise, it shall remain in full force.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time for award of a contract afterBid due date, alteration, addition, modification, or supplement to the terms of the

Notice Inviting Informal Bids/Invitation for Bids, the Work to be performed thereunder, or the Contract

Documents, shall in any way affect the Surety’s obligations under this Bond, and the Surety does hereby waive notice of any such change, extension of time, alteration, addition, modification or supplement to the terms of said Notice Inviting Informal Bids/Informal Invitation for Bids, the Work to be performed thereunder, or the Contract Documents.

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

Dated: ______________, 20___ Principal:________________________________

By:_____________________________________

Surety:

Address:

Telephone:

Attorney in Fact:

(Bond Continues on Next Page)

(Attach Attorney-In-Fact Certificate, Corporate Seal and Surety Seal)

BID BOND 2

NOTICE:

A CERTIFICATE OF ACKNOWLEDGMENT IN ACCORDANCE WITH THE PROVISIONS OF

CIVIL CODE SECTION 1189 MUST BE ATTACHED FOR EACH PERSON EXECUTING THIS

AGREEMENT ON BEHALF OF BIDDER AND SURETY.

SUBCONTRACTOR LISTING FORM 1

ATTACHMENT B

SUBCONTRACTOR LISTING FORM

LIST OF SUBCONTRACTORS FOR ____________________________________________ (BIDDER)

PROJECT: ______________________________________________

Pursuant to the provisions of Sections 4100 to 4114 inclusive, of the California Public Contract Code, and as set forth in Instructions to Bidders, and the General Conditions, the above named Contractor hereby designates below the names, contractor license numbers, DIR registration number, and locations of the place of business of each Subcontractor. Where not all work will be performed by a single subcontractor, Bidder may designate “partial” and further define the portion of the work to be performed. In all cases, the

“portion” of work must include a description as well as either a dollar amount or a percentage of the total

Bid amount to be performed by the subcontractor. Please check one of the boxes and sign below:

We are not using any Subcontractors.

All of our Subcontractors are performing at least 1/2 of 1% of the Work listed below, including for additive Alternates, if any.

WORK TO BE

PERFORMED

SUBCONTRACTOR LICENSE

NUMBER

LOCATION OF

PLACE OF

BUSINESS

DIR

Registration

Number

Signed

AGREEMENT FOR CONSTRUCTION 2

ATTACHMENT C

CONSTRUCTION AGREEMENT

For

TFO Roof Silicone Seal Coating

This Agreement is made and entered into this day of , 20 , by and between the San Luis & Delta-Mendota Water Authority, a Joint Powers Authority, acting by and through its Governing Board (hereinafter called “SLDMWA”) and

_____________________________________________, a California [type of business, e.g., corporation]

(hereinafter called “Contractor”). SLDMWA and Contractor may be referenced herein individually as

“Party” or collectively as the “Parties.”

WITNESSETH, that for and in consideration of the mutual promises, covenants, agreements, and conditions herein contained, the Parties agree as follows:

1. THE WORK: The Work constitutes a public work of improvement. Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, light, heat, utilities, transportation and other facilities and services necessary for the execution and completion of the Work in accordance with the Contract Documents and any applicable code or statute, whether or not specifically described herein, as long as same is reasonably inferable there from as being necessary to produce the intended results. Contractor agrees to perform and complete in a good and workmanlike manner the work of TFO ROOF SILICONE

SEAL COATING (“Work”). The Work is subject to the approval of SLDMWA’s Chief

Operating Officer.

In no case shall SLDMWA have any responsibility for the means, methods, techniques, sequences or procedures utilized by the Contractor, or for safety precautions and programs in connection with the Work.

Contractor shall give all notices and shall observe and comply with all laws, ordinances, rules, regulations, permits, rights-of-way, or orders of any public authority bearing on the performance of the Work. All Work shall be performed in accordance with Title 24, Parts 1 through 5 and 9, of the California Code of Regulations. Contractor shall conduct the Work so that all laws and ordinances for the protection of the public and the workers shall be obeyed fully by Contractor and all subcontractors.

Contractor shall comply with all applicable provisions of federal, state and local safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the Work is being performed. Contractor shall be responsible for initiating, maintaining and supervising all safety measures in connection with the Work, for maintaining all safety conditions on the Site, and for ensuring against and/or correcting any hazardous conditions on the Site. Contractor shall at all times maintain adequate protection against injury to persons, including employees, or damage to property, on or near the project, or adjacent to the Site.

Existing signs, lights, traffic signals, control boxes, hydrants, meters, and other similar items occurring within the street or sidewalk areas shall be kept free of obstructions and accessible at all times.

AGREEMENT FOR CONSTRUCTION 3

Contractor shall take all necessary precautions to protect SLDMWA’s structures, facilities, equipment, tools, materials, and any other property on or adjacent to the Site against damage, loss, or theft resulting from the operations, equipment or workers of the Contractor during the course of the construction, and shall provide adequate security measures. Contractor shall repair or replace any damage and remove any damaged or defaced material and/or equipment from the

Site at no cost to SLDMWA. Contractor shall be strictly liable for failure to adequately protect any existing improvements and/or facilities.

Any change to the Work increasing or decreasing the Contract Price must be approved in writing by the Chief Operating Officer. In no event shall any change to the Work be approved which would cause the total amount to be paid under this Agreement to exceed Two Hundred Thousand

Dollars ($200,000.00).

Contractor will remove all dirt, debris, and waste from the Site, and ensure upon completion that the grounds and any adjacent sidewalks and streets are left clear and in the condition the

Contractor originally found them.

2. LICENSE AND REGISTRATION: By executing this Agreement, Contractor represents that it is currently licensed by the California Contractors State License Board, Class ___, License number _______, and that Contractor is registered with the California Department of Industrial

Relations as required by California Labor Code section 1725.5, Registration number ________.

3. BONDS AND INSURANCE: If the Contract Price is twenty-five thousand dollars ($25,000.00) or more, then Contractor shall provide to SLDMWA payment and performance bonds in an amount not less than 100 percent of the total amount payable by the terms of the contract before commencement of any contract Work.

Before beginning work, Contractor shall furnish to SLDMWA, certificates of insurance and policy endorsements satisfactory to SLDMWA, evidencing general liability coverage, of not less than $1,000,000 per occurrence ($2000,000 general aggregate (if used)) for bodily injury, personal injury and property damage; auto liability of at least $1,000,000 for bodily injury and property damage each accident limit; workers' compensation (statutory limits) and employer's liability of $1,000,000 (if applicable); requiring 30 days (10 days for non-payment of premium) notice of cancellation to SLDMWA. Such insurance is to state or be endorsed to state "such insurance shall be primary and any insurance, self-insurance or other coverage maintained by the San Luis & Delta-Mendota Water Authority, its directors, officers, employees, and authorized volunteers shall not contribute to it". The general liability coverage shall give

SLDMWA, its directors, officers, employees and authorized volunteers additional insured status using ISO endorsement CG2010, CG2033, CG2037 or their equivalent. Coverage is to be placed with a carrier with an A.M. Best rating of no less than A:VII, or equivalent, or as otherwise approved by SLDMWA.

The insurer(s) issuing the required policies shall, by separate endorsement, agree to waive all rights of subrogation against the “Additional Insureds” for losses arising in any manner from the products or work provided or performed by or on behalf of Contractor for SLDMWA, but this provision applies regardless of whether or not SLDMWA has received the waiver of subrogation. In the event that the Contractor employs other contractors (sub-contractors) as part of the work covered by this Contract, it shall be the Contractor's responsibility to require and confirm that each sub-contractor meets the minimum insurance requirements specified above.

The Contractor is responsible for the acts and omission of all of its Subcontractors and shall

AGREEMENT FOR CONSTRUCTION 4

require all of its Subcontractors to maintain adequate insurance. All such insurance shall be maintained in full force and effect throughout the duration of the Contract.

4. LOCATION OF WORK: The Work is to be performed at the following location: SLDMWA, Tracy Field Office (TFO), 15990 Kelso Road, Byron, CA, 94514 (“Site”).

5. TIME FOR COMPLETION: The Parties hereby agree that the Work shall be completed within

30 calendar days after the date of the Notice to Proceed (“Contract Time”).

6. CONTRACT DOCUMENTS: The Contract Documents referred to herein are incorporated herein by reference as if set forth in full in this Agreement and include , the complete Invitation for Informal Bid package (Notice Inviting Informal Bids), any special provisions, the bid, payment and performance bonds (if required), the plans, specifications, drawings, construction change directives, all addenda issued, and any change orders/amendments (“Contract

Documents”) and comprise the complete and integrated contract between Parties, superseding all prior negotiations, representations or agreements, either written or oral. All Contract

Documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict, detail drawings shall govern over small-scale drawings, the specifications shall govern over the drawings, special provisions (if any) shall govern over the drawings, and change orders shall govern over the original documents, unless a different order of precedence is noted.

7. SUBCONTRACTORS: Contractor shall not use any subcontractors to perform any Work hereunder unless those subcontractors have been identified in Contractor’s bid to SLDMWA.

All subcontractors shall be registered with the California Department of Industrial Relations as required by California Labor Code section 1725.5, and shall comply with Paragraphs 8 and 10 below.

8. PREVAILING WAGES AND RECORDS: This Section shall apply to all projects over $1,000.

Contractor and all subcontractors shall comply with and adhere to the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of Industrial Relations pursuant to Division 2, Part 7, Chapter 1, of the California

Labor Code. Schedules of the prevailing rate of per diem wages are available for public inspection at the SLDMWA or can be found at https://www.dir.ca.gov/oprl/DPreWageDetermination.htm and are incorporated herein by reference. Contractor shall obtain and post copies of the applicable prevailing wage rates in a prominent place at the job site, in accordance with the regulations of the Department of Industrial

Relations. Failure to comply with wage and hour requirements may result in the Contractor being assessed penalties in accordance with Articles 2 and 3, Chapter 1, Part 7, Division 2 of the

Labor Code, including without limitation Sections 1775, 1776, 1777.7 and 1813.

The project is subject to compliance monitoring and enforcement by the Department of

Industrial Relations (“DIR”). Contractor shall keep, and shall cause all subcontractors on the

Project to keep certified payroll records of the hours and wages of all employees employed on the Project, and those records shall be open at all times for inspection by SLDMWA and/or the

Division of Labor Statistics and Enforcement, in accordance with Sections 1776 and 1812 of the

Labor Code. The certified payroll records shall contain at least the following information: the name, address, social security number, work classification, dates of payroll period, 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 the Contractor and/or each subcontractor in connection with the Work.

AGREEMENT FOR CONSTRUCTION 5

Payroll records shall be furnished electronically to the Labor Commissioner of the DIR monthly, unless more frequent submission is required herein, and shall be furnished within 10 days of any separate request by the DIR or DLSE. Payroll records shall be furnished in a format prescribed by the DIR and uploaded into the electronic certified payroll reporting (eCPR) system.

The DIR may confirm the accuracy of payroll reports, including without limitation through worker interviews, examination of time and pay records, direct verification of “Employer

Payments” (as defined at section 16000 of Title 8 of the California Code of Regulations), or any other legal and reasonable method of corroboration. The DIR also may conduct in-person inspection(s) at the Site, including visual inspection of required job site notices, inspections of records, observation of work activities, interviews of workers and others involved with the

Project, and any other activities deemed necessary by the DIR to ensure compliance with prevailing wage requirements.

In accordance with Title 8, Section 16463 of the California Code of Regulations, SLDMWA may, on its own or if required by the Labor Commissioner, withhold funds due to Contractor when payroll records are delinquent or inadequate. Contractor shall cease all payments to a subcontractor whose payroll records are delinquent or inadequate until the Labor Commissioner provides notice that the subcontractor has cured the delinquency or deficiency.

9. GUARANTEE: In addition to any guarantees required elsewhere by the Contract

Documents, the Contractor shall guarantee the Work for a minimum of one (1) year from and after the recordation of the Notice of Completion, if applicable, or after Notice of Completion is sent to Contractor and formal acceptance by SLDMWA and subject to the Contractor’s

Guarantee Form. The guarantee period for corrected defective work shall continue for a duration equivalent to the original guarantee period, beginning when the correction is complete.

10. COMPLIANCE WITH WORKERS’ COMPENSATION LAW: By executing this contract, Contractor certifies that it is aware of the provisions of Section 3700 of the Labor Code of the

State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the statutory requirements, and

Contractor will comply with such provisions before commencing the performance of the Work.

11. CONTRACT PRICE AND PAYMENT: As compensation for the Work, and its satisfactory construction, erection and completion, SLDMWA shall pay or cause to be paid to Contractor the sum of ___________________________dollars ($___________), subject to additions and deductions as provided by change order (“Contract Price”). Payment will be made as follows

(check one):

☐ Option 1: Payment will not be made until all Work is completed to the satisfaction of

SLDMWA.

☐ Option 2: Applications for payment shall be made on a monthly basis for work completed. The progress payment will be based on the estimated percentage complete, subject to review and approval by SLDMWA. The Contractor shall submit with its application all documents necessary to substantiate its estimate of percentage completion. For each monthly application for payment, the Contractor shall submit a conditional lien release warranting that title to all work, labor, materials and equipment covered by the application is free and clear of all liens, claims, security interests or encumbrances. Additionally, the Contractor shall submit unconditional lien releases for all work through the prior progress payment. For final payment, AGREEMENT FOR CONSTRUCTION 6 the Contractor and all of its Subcontractors and material suppliers shall submit final conditional and final unconditional lien releases. No progress payment will be released until SLDMWA has received the required lien releases.

Retention

Under Option 2 above, SLDMWA shall reserve from monies earned by the Contractor a sum equal to five percent (5%) of the estimates.

If requested in writing by the Contractor within five (5) days after receipt of Notice of Intent to

Award, the Contractor may exercise its right to deposit into escrow securities in lieu of retention, or have retention deposited into escrow, in accordance with Public Contract Code section 22300.

Upon satisfactory completion of the Contract, the securities or retention plus interest earned shall be returned to the Contractor. If the Contractor exercises its option hereunder, it must notify its Subcontractors in writing, within ten (10) days of the Contractor exercising its option, of their equivalent right to do so.

Payment Disputes: SLDMWA may dispute any payment application or portion thereof which is not properly documented and in accordance with the Agreement. SLDMWA also may withhold sums from any payment application for any of the following:

A. Third party claims filed or reasonable evidence indicating probable filing of such claims;

B. Defective work not remedied;

C. Failure of the Contractor to make proper payments to any of its Subcontractors or suppliers, including without limitation in response to a stop payment notice;

D. The occurrence of reasonable doubt that the Contract can be completed for the balance of payments then unpaid to the Contractor, or in the time remaining;

E. Failure of the Contractor to comply with any lawful or proper direction concerning the

Work;

F. Claims and/or penalties which state law assesses against the Contractor for violation of such law;

G. Any claim or penalty asserted against SLDMWA by virtue of the Contractor's failure to comply with the provisions of all governing laws, ordinances, regulations, rules, and orders;

H. Any liquidated damages which may accrue; or

I. Any reason specified elsewhere in the Contract Documents as grounds for retention or that would legally entitle SLDMWA to a set-off.

The basic standard to determine the amount to be withheld pursuant to this Section shall be one hundred fifty percent (150%) of the amounts claimed or the value of the work not done or defectively done; provided, however, that SLDMWA reserves the authority to retain greater sums should such sums be necessary in SLDMWA’s discretion to adequately protect it.

AGREEMENT FOR CONSTRUCTION 7

For any disputed payment, SLDMWA shall provide written notice describing its dispute to the

Contractor. Contractor shall continue to fulfill their obligations under this contract during invoice payment disputes.

12. CONTRACT CLOSEOUT AND FINAL PAYMENT: When the Contractor determines that all of its Work is complete and all items on the punch list have been satisfied, the Contractor shall submit to SLDMWA a certificate of completion and an application for final payment, accompanied by any submittals required in the Contract Documents and the Contractor’s

Guarantee Form. Upon receipt of the Contractor’s final payment application, SLDMWA shall review the submittals required and verify that all of the Work is complete, including all punch list items. Upon such verification, SLDMWA will process the final payment and release of retention in accordance with the approved final payment application. The payment of undisputed sums due for the final payment, and excluding any sums withheld for Stop Payment Notices, shall be made within thirty-five (35) days of SLDMWA’s approval of the final payment application or within sixty (60) days after the recording of the Notice of Completion, if applicable, or after Notice of Completion is sent to Contractor, whichever is later.

13. CLAIMS: Claims are subject to the requirements of Public Contract Code sections 20104 et seq. and 9204. A summary of those provisions is set forth below. To the extent that the summary below is inconsistent with the statutes, the statutes control.

13.01. Notice of Potential Claim.

The Contractor shall promptly provide a written Notice of Potential Claim to SLDMWA upon discovery of concealed or unknown conditions or discovery of facts regarding any disagreement, direction, or occurrence that may result in a claim. Failure to timely submit a Notice of Potential

Claim acknowledges that the condition, facts, disagreement, direction, or occurrence did not cause any increase in cost or time, and waives any Claim that the Contractor otherwise may have had the right to submit.

13.02. Definitions.

“Claim” means a separate demand by Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:

(A) a time extension, including, without limitation, for relief from damages or penalties for delay.

(B) payment of money or damages arising from work done by, or on behalf of, Contractor pursuant to the contract and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.

(C) payment of an amount that is disputed by SLDMWA.

“Mediation” means any nonbinding process in which an independent third party or board assists the parties in dispute resolution through negotiation or evaluation.

“Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with the Contractor or is a lower tier subcontractor.

AGREEMENT FOR CONSTRUCTION 8

13.03. Claims Procedure.

All Claims under this Contract shall be resolved using the following procedure.

13.03.01 The Claim shall be in writing and include the documents necessary to substantiate the Claim. The evaluation of the Claim will be based on SLDMWA’s records and the Claim documentation submitted by the claimant, which shall include but not be limited to the following: an explanation of the Contractor’s position; supporting documentation; analysis of delay for any claimed additional time; a calculation of amounts claimed, if any; and the certification required by Section 12.04 below. Claims must be filed on or before the date of final payment.

13.03.02 The Contractor may present a Claim on behalf of a Subcontractor. A first-tier Subcontractor may request in writing, for itself or a lower tier Subcontractor, that the

Contractor present a Claim. The Subcontractor shall furnish reasonable documentation to support the Claim. Within 45 days of receipt of this written request, the Contractor shall notify the Subcontractor in writing as to whether the Contractor presented the Claim and, if not, the reasons for not having done so.

13.03.03 SLDMWA shall review the Claim. Within 30 days of receipt of the Claim, SLDMWA may request, in writing, additional documentation from the claimant. Where additional information is requested, the time in which SLDMWA must respond to a Claim shall be tolled until all requested information is provided.

13.03.04 Within 45 days of receipt of the Claim, as that time may be tolled as provided in Section 12.03.03 above, SLDMWA shall provide Contractor with a written statement identifying what portion of the Claim is disputed and what portion is undisputed.

SLDMWA and the Contractor may agree to extend the time period for a response. Failure by SLDMWA to respond within the specified time results in the Claim being deemed rejected in its entirety.

13.03.05 Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after SLDMWA issues its written statement.

13.03.06 Within 15 days of receipt of SLDMWA’s response or within 15 days of

SLDMWA’s failure to respond, the Contractor may demand, in writing, an informal conference to meet and confer for settlement of the issues in dispute. SLDMWA shall schedule a meet and confer conference within 30 days after receipt of such demand for settlement of the dispute.

13.03.07 Within 10 business days following a meet and confer conference, SLDMWA shall provide the Contractor a written statement identifying any portion of the

Claim that remains in dispute and any portion that is undisputed. Failure by SLDMWA to provide the written statement within the specified time results in the remaining Claim issues being deemed rejected in their entirety. Any payment due on an undisputed portion of the Claim shall be processed and made within 60 days after SLDMWA issues its written statement.

13.03.08 Any remaining disputed portion of the Claim following the meet and confer conference shall be submitted to nonbinding mediation, in accordance with Public

Contract Code section 9204(d)(2)(B). SLDMWA and Contractor shall share the associated

AGREEMENT FOR CONSTRUCTION 9

costs equally. The mediation excuses any further obligation under Public Contract Code section 20104.4 to mediate after litigation has been commenced. This Section does not preclude arbitration if mediation under this Section does not resolve the parties’ dispute.

13.03.09 If mediation is unsuccessful, then the Contractor may file a claim as provided in Government Code sections 900 et seq. with respect to the parts of the Claim remaining in dispute. The time within which a Government Code claim must be filed is tolled from the time the Contractor submits the written Claim until mediation of disputed portions of that Claim is completed.

13.03.10 Amounts not timely paid under this Section bear interest at seven percent

(7%) per year.

13.03.11 The following procedures apply to litigation filed to resolve Claims:

(a) The case shall be submitted to judicial arbitration pursuant to Code of Civil

Procedure sections 1141.10 et seq., notwithstanding Section 1141.11 of that code.

(b) The arbitrator shall be experienced in construction law. The parties shall split equally the arbitrator’s fees and expenses,…