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BIDDER’S BOND
(To Accompany Proposal)
(Not necessary if cash or certified check is with bid)
KNOW ALL MEN BY THESE PRESENTS:
THAT WE
___________________________________________________________________________________ _____________________________as principal, and ______________________________________________ __________________________________________________________________________________________ as surety, are held and firmly bound unto the City of Bakersfield, a body politic and corporate of the State of California, in the sum of ___________________________________ dollars ($ _______________), to be paid to said City, for which payments, well and truly to be made; we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH:
That if the certain proposal, hereunto annexed, to construct RESTROOM REHABILITATION PROJECT in the City of Bakersfield as referred to in the NOTICE TO CONTRACTORS attached hereto, is accepted by the Council of said City and if the above bounden principal, heirs, executors, administrators, successors and assigns, shall duly enter into and execute a contract, to construct said improvements aforementioned, and shall execute and deliver the two bonds required by law, within ten days (not including Sunday) from the date of a notice to the above bounden principal, that said contract is ready for execution, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
IN WITNESS WHEREOF, we have hereunto set out hands and seals this __________ day of ___________________, 20_____.
_______________________(Seal)
_______________________(Seal)
_______________________(Seal)
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STATE OF CALIFORNIA )
) ss.
COUNTY OF ____________ )
On _______________________ before me,
________________________________________________________ Date
personally appeared _______________________________________________________________________ Personally known to me
Proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
________________________________________________________________________________ Signature of Notary
================================OPTIONAL===================================== Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
___________________________________
Title or Type of Document
_____________________________
Title(s) ___________________________________
PARTNER(S) LIMITED Number of Pages
GENERAL ___________________________________
ATTORNEY-IN-FACT Date of Document
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER: __________________
__________________
__________________
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
___________________________________
Signer(s) Other than Named above
________________________________
________________________________
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NONCOLLUSION AFFIDAVIT
(To be Executed by Bidder and Accompany Proposal)
JEFFERSON & STIERN PARKS RESTROOM REHABILITATION PROJECT
STATE OF CALIFORNIA )
) ss.
COUNTY OF _____________ )
___________________________________________________, being first duly sworn, deposes and says that he or
(Name)
she is ______________________________ of ______________________________________, (Title) (Company name)
the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or 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, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof , or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Under penalty of perjury, the bidder declares that neither the bidder nor any subcontractor to be engaged by the bidder for this project has been convicted of any offense referred to in the California Public Contract Code.
Signed________________________________________
Bidder
_________________________________________
Business Address
_________________________________________
Telephone Number
_________________________________________
Place of Residence
Subscribed and sworn to before me
this___________day of_________, 20_____.
_________________________________________
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AGREEMENT NO. _________________
CONSTRUCTION PROJECTS AGREEMENT
This CONSTRUCTION PROJECTS AGREEMENT (“Agreement”) is made and entered into on ___________________ (“Effective Date”), by and between the CITY OF BAKERSFIELD, a municipal corporation (“CITY”), and
______________________________________________, (a California Corporation, Hawaii Corporation, Delaware Corporation, Individual, etc.) (“CONTRACTOR”).
R E C I T A L S
WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced and well qualified in the field of construction; and
WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to retain CONTRACTOR to construct the __________________________________ (“Project”), as set forth herein, [choose one:
(1) part or all of which is paid for with federal funds OR (2) which is not paid for with federal funds].
NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows:
1. SCOPE OF WORK.
1.1. In exchange for the Compensation (defined below), CONTRACTOR must perform the work outlined in the Special Provisions for the Project (“Scope of Work”). The Scope of Work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the Scope of Work or not. The following documents are incorporated herein as if fully set forth:
➢ Notice to Contractors
➢ Special Provisions
➢ Bid Proposal
➢ Bidder’s Bond
➢ Performance Bond
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➢ Material and Labor Bond
➢ Letters of transmittal, if any
➢ All provisions required by law to be inserted in this Agreement whether actually inserted or not
➢ Current State of California DAS 140 Form (if required by Specifications)
➢ Drawings, if any
➢ Public Contract Code § 22300 (Escrow Accounts)
➢ Current State of California DIR – PWC 100 Form
➢ Required Federal-Aid Contract Language (Exhibit 12-G) (if Project Federally Funded)
➢ Required Contract Provisions Federal-Aid Contracts (Form FHWA1273, Exhibit 12-G) (if Project Federally Funded)
➢ Subcontracting Request Form (Exhibit 16-B, LAPM) (if Project Federally Funded)
➢ Prevailing Wage Rates (Davis-Bacon) (if Project Federally Funded)
➢ Title VI Assurances and Appendices (if Project Federally Funded)
1.2. If CITY is receiving federal-aid for the construction of all or a portion of the Project, CONTRACTOR must physically incorporate all federally required contract provisions, including Form FHWA-1273, in their various subcontracts and purchase orders for the federally funded portions of this Project. CONTRACTOR acknowledges that failure to incorporate Form FHWA-1273 into those subcontracts and purchase orders will jeopardize CITY’s eligibility for federal-aid funding. In the event of noncompliance in regards to this requirement,
CONTRACTOR will be required to correct the noncompliance. CITY will withhold payment for subcontracted work involved with the noncompliance from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of this Agreement.
2. COMPENSATION/PAYMENT PROCEDURE.
2.1. Subject to the conditions of this section, CITY will pay CONTRACTOR for performing the Scope of Work as defined in the Bid Proposal and in accordance with the Special Provisions applicable to this Project, in an amount not to exceed $ (“Compensation”). The
Compensation shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and A-15
taxes. CITY will pay no other compensation to CONTRACTOR.
2.2. For projects falling under Title 49 Code of Federal Regulations (CFR) Part 26.29, CITY shall not require the withholding of any retention from CONTRACTOR. CONTRACTOR agrees that it will not cause retention to be withheld from subcontractors working under this Agreement which are subject to the provisions of 49 CFR Part 26.29. For projects, or any severable parts of a project under Federal law, which do not fall under 49 CFR Part 26.29, CITY shall retain ten percent from payments to CONTRACTOR, unless otherwise prohibited by law.
3. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showing all information in a form requested by CITY.
CONTRACTOR’s scheduling personnel shall have experience in and be knowledgeable in scheduling. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft Project, for example), and may require those schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY’s review or comment on the schedule shall not constitute acceptance thereof.
4. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the Effective Date.
5. TERMINATION.
5.1. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special Provisions, this Agreement may be terminated for CONTRACTOR default. The following circumstances shall be deemed a CONTRACTOR default:
5.1.1. A material breach of the contract where CONTRACTOR fails to cure the breach within ten days after CITY provides notice of the breach; provided, however, if the breach cannot
reasonably be cured within ten days, CONTRACTOR must have taken significant steps to cure the breach including, without limitation, providing a written plan acceptable to CITY to cure the default and immediately beginning to cure the default; A-16
5.1.3. CONTRACTOR’s violation of any law, statute, regulation, rule, ordinance, permit or order of any governmental agency
applicable to the Project if CONTRACTOR does not cure the violation within ten days after CITY provides notice of the violation and demands a cure;
5.1.4. CONTRACTOR makes an assignment for benefit of creditors, admits an inability to pay debts, files a petition in bankruptcy or is otherwise determined bankrupt or insolvent; and
5.1.5. CONTRACTOR fails to adequately respond in writing to CITY’s written demand for adequate assurances within ten days with all necessary information to assure CITY that CONTRACTOR has the financial and other necessary resources to perform the contract without breach. CONTRACTOR’s failure to provide all information requested by CITY will be a material breach of this Agreement.
5.2. In the event of termination by CITY as set forth above, CONTRACTOR shall remain fully liable for any work not completed, liquidated damages (as set forth in the Special Provisions), delays by follow up contractors, materials and equipment provided, designs
commenced through the date of termination, and consequential damages. CONTRACTOR will immediately deliver to CITY possession of the work including all designs, engineering, project records, cost data, drawing specifications and contracts, and construction supplies and aids dedicated solely to performing the work.
CONTRACTOR shall assign all subcontracts to CITY; however, CITY may accept or reject those subcontracts at its sole discretion.
5.3. Should CITY’s termination for cause be determined by a court of law to be wrongful or without cause, such termination will be treated as a termination for convenience entitling CONTRACTOR to an equitable settlement for claims and liabilities outstanding at the date of termination and reasonable compensation for work actually performed to the date of termination. No other Compensation shall be due CONTRACTOR for termination for convenience.
6. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR’s sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, A-17
obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required.
7. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR’s performance of the Scope of Work as an independent contractor.
CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor.
8. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed.
9. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement.
10. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession and perform the Scope of Work. If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees.
11. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR’s profession in California.
12. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5.
It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to A-18
compliance monitoring and enforcement by the Department of Industrial Relations.
13. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party’s right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement.
14. INSURANCE AND SECURITY.
14.1. Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements").
14.1.1. Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence
basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence.
14.1.2. Commercial general liability insurance, unless otherwise approved by CITY’s Risk Manager, providing coverage on
an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal
injury, with limits of not less than $1,000,000 per occurrence.
The policy must:
14.1.2.1. Provide contractual liability coverage for the terms of this Agreement;
14.1.2.2. Provide products and completed operations
coverage;
14.1.2.3. Provide premises, operations, and mobile
equipment coverage; and
14.1.2.4. Contain an additional insured endorsement in
favor of CITY and its mayor, council, officers,
agents, employees, and designated volunteers.
14.1.3. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the
provisions of Labor Code Section 3700, every contractor will A-19
be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861,
CONTRACTOR must submit to CITY the following
certification before beginning any work on the
Improvements:
I am aware of the provisions of Section 3700 of the
Labor Code which require every employer to be
insured against liability for worker’s compensation or
to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such
provisions before commencing the performance of
the work of this contract.
By executing this Agreement, CONTRACTOR is submitting
the certification required above.
The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers.
14.2. General Provisions Applying to All Insurance Types.
14.2.1. All policies required of CONTRACTOR must be written on a first-dollar coverage basis, or contain a deductible
provision. Subject to CITY’s advance approval,
CONTRACTOR may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or
contained in the policy conditions, that prohibits
satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means
including other insurance or which is intended to defeat the intent or protection of an additional insured.
14.2.2. All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers
must be excess of CONTRACTOR’s insurance and must not
contribute with it.
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14.2.3. The insurance required above, except for workers’ compensation insurance, must be placed with insurers with a Best’s rating as approved by CITY’s Risk Manager, but in no event less than A-:VII. Any deductibles, self-insured retentions, or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best’s A-:VII, must be declared prior to execution of this Agreement and approved by CITY in
writing.
14.2.4. The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as
evidenced by CITY’s written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy.
14.2.5. Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance
Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no
additional allowance will be made therefor or for additional premiums which may be required by extensions of the
policies of insurance.
14.2.6. It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by
CONTRACTOR in connection with this Agreement.
14.2.7. Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section.
14.3. Security. CONTRACTOR shall provide performance and labor and material security in amounts and in a form suitable to CITY. CITY shall approve in writing all such security instruments before CONTRACTOR begins to perform the Scope of Work.
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15. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification.
16. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY’s officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR or CONTRACTOR’s employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY’s sole active negligence or willful misconduct.
17. REMEDIES. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to CITY. The election of one or more remedies shall not bar the use of other remedies unless the circumstances make the remedies incompatible.
18. SITE INSPECTION. CITY shall be allowed to inspect the construction site at any time and CONTRACTOR shall make all areas of the construction site available to inspection including, without limitation, any construction trailers or offices at the site and all plans, drawings, documents, schedules, photographs and other documentation relating to the Project.
19. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the Project and shall pay all costs and fees to CITY, including without limitation attorney’s fees, incurred by CITY because of the filing of any such stop notice, lien or legal action relating thereto.
CONTRACTOR agrees that CITY may withhold from any funds held by CITY concerning CONTRACTOR’s performance of the Scope of Work amounts sufficient to cover costs and fees, including without limitation attorney’s fees, incurred by CITY because of the filing of any stop notice, lien, or legal action relating thereto.
20. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or A-22
other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties.
21. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and made available to CITY representatives upon request at any time during regular business hours.
22. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns.
23. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement.
24. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such.
25. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement.
26. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached.
27. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement.
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28. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California.
29. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural.
30. MERGER AND MODIFICATION. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved and signed by all the parties. If any modification of this Agreement results in total Compensation which exceeds $40,000, the modification must be approved by the City Council.
31. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090).
32. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice:
CITY: CITY OF BAKERSFIELD
CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
CONTRACTOR: ____________________________
33. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council.
34. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become CITY property.
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35. CONTRACTOR’S LICENSE INFORMATION.
License Number
Expiration Date
License Classification
36. TAX NUMBERS.
CONTRACTOR’s Federal Tax ID Number
CONTRACTOR is a corporation? Yes No
(Please check one.)
[Signatures on Following Page]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, as of the Effective Date.
"CITY" “CONTRACTOR”
CITY OF BAKERSFIELD
By: By:
KAREN GOH
Mayor PRINT NAME: _________________________________________ Title:
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:______________________________
(NAME & TITLE)
Insurance:__________
APPROVED AS TO CONTENT:
RECREATION AND PARKS DEPARTMENT
By:_____________________________
DARIN BUDAK
Recreation and Parks Director
COUNTERSIGNED:
By:_____________________________
RANDY MCKEEGAN
Finance Director
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FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT, WHEREAS, THE CITY OF BAKERSFIELD, County of Kern, State of California, a municipal corporation, hereinafter designated the “Owner,” has on Date of Award , 20__, awarded to Name of Contractor , a _________________________ organized and doing business under and by virtue of the laws of the State of California, hereinafter designated as the “Principal,” a contract for Project Name ; and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract; and
NOW, THEREFORE, WE, the Principal, and Leave Blank for Bonding Company , as Surety, are held and firmly bound unto the Owner in the sum of 100% of Amount Awarded at Council Meeting Dollars ($___________), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue and Principal and Surety, in the event suit is brought on this bond, will pay to the Owner such reasonable attorney’s fees as shall be fixed by the court.
As a condition precedent to the satisfactory completion of the said contract, the above obligation in the said amount shall hold good for a period of one (1) year after the completion and acceptance of the said work, during which time if the above mentioned Principal, his or its heirs, executors, administrators, successors, or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the said Owner from loss of damage made evident during said period of one (1) year from the date of acceptance of said work, and resulting from or caused by defective materials and/or faulty workmanship in the prosecution of the work done, the above obligation in the said amount shall remain in full force and effect. However, anything in this paragraph to the contract notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Principal remains.
And the said surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
As a part of the obligation secured hereby and in addition to the amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by the Owner in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this _______ day of __________________, 20_____, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Seal) _____________________________________
Principal
_____________________________________
Signature for Principal, Title
(Seal) _____________________________________
Surety
_____________________________________
Surety Address & Telephone No.
_____________________________________
Signature for Surety, Title
(Attach notarization form for each required signature)
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MATERIAL LABOR BOND
KNOW ALL MEN BY THESE PRESENTS, THAT,
WHEREAS, THE CITY OF BAKERSFIELD, County of Kern, State of California, a municipal corporation, hereinafter designated the “Owner,” has, on Date of Council Meeting , 20_____, awarded to Name of Contractor , a organized and doing business under and by virtue of the laws of the State of California, hereinafter designated as the “Principal,” a contract for Project Name ; and WHEREAS, said Principal is required to furnish a bond in connection and with said contract, providing that if said Principal, or any of his or its subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth:
NOW, THEREFORE, WE, the Principal, and Leave Blank for Bonding Company , as Surety, are held and firmly bound unto the Owner the penal sum of One hundred percent (100%) of the total amount payable by the terms of the contract Dollars ($__________), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for any amount due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, as required by the provisions of Chapter III, Division V, Title I of the Government Code of the State of California, or with respect to any work or labor for which a bond is required by the provisions of Sections 9550 through 9566 of the Civil Code of the State of California, and provided that the persons, companies, or corporations so furnishing said materials, provisions, or other supplies, appliances, or power use, in, upon, for, or about the performance of the work contracted to be executed or performed, or any person who performs work or labor upon same, or any person who supplies both work and materials, thereto, shall have complied with the provisions of said Civil Code, then said Surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit brought upon this bond, such reasonable attorney’s fees to the Owner as shall be fixed by the court.
This bond shall inure to the benefit of the Owners and any and all persons, companies, and corporations and their respective assigns entitled to file claims under applicable State law, including, but not limited to, California Civil Code Section 3181, so as to give a right of action to them or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the contract or the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
IN WITNESS WHEREOF, the above mentioned parties have executed this instrument under their seals this _________ day of ________________, 20_____, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
(Seal) _______________________________________
Principal
__________________________________________
Signature for Principal, Title
(Seal) __________________________________________
Surety
__________________________________________
Surety Address & Telephone No.
__________________________________________
Signature for Surety, Title
(Attach notarization form for each required signature)
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ESCROW AGREEMENT
FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
(To be completed by the Contractor, if he elects to substitute securities in lieu of retention) THIS ESCROW AGREEMENT is made and entered into by and between:
_______________________________________________________________________________________ whose address is _________________________________________________________________________ hereinafter called “Owner”;
_______________________________________________________________________________________ whose address is _________________________________________________________________________ hereinafter called “Contractor” and
_______________________________________________________________________________________ whose address is _________________________________________________________________________ hereinafter called “Escrow Agent”.
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ________________________________________________________________________________________ ________________________________________________________________________________________ in the amount of ___________________________________ dated __________________________________ (hereinafter referred to as the Contract). When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of _________________________________________, and shall designate the Contractor as the beneficial owner.
2. The Owner shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent hold securities in the form and amount specified above.
3. Alternatively, the Owner may make payments directly to Escrow Agent in the amount of retention for the benefit of the Owner until such time as the escrow created hereunder is terminated.
4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the escrow account. These expenses and payment terms shall be determined by the Contractor and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
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7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
8. Upon receipt of written notification from the Owner certifying that the Contract is final complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account.
The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.
9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (4) to (6), inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above.
10. The names of the persons who are authorized to give written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures, are as follows:
On behalf of Owner: On behalf of Contractor:
______________________________ _________________________________ Title Title
______________________________ _________________________________ Name Name
______________________________ _________________________________ Signature Signature
______________________________ __________________________________ Address Address
On behalf of Escrow Agent:
______________________________
Title
______________________________
Name
______________________________
Signature
______________________________
Address
At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
Owner: Contractor:
_____________________________ _________________________________ Title Title
_____________________________ _________________________________ Name Name
_____________________________ _________________________________ Signature Signature
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GUARANTEE
MATERIAL AND WORKMANSHIP
CITY OF BAKERSFIELD
Recreation and Parks Department
City Hall North, 3
rd Floor
1600 Truxtun Avenue
Bakersfield, California 93301
In accordance with the terms of the Contract for:
________________________________________________________________________________________ awarded on ________________________, between the City of Bakersfield (hereinafter referred to as “City”), and the undersigned, which contract provides for
_______________________________________________________, and other facilities and under which contract the undersigned has installed such facilities, the following guarantee of the said facilities is hereby made:
When the project is completed and accepted, we guarantee the same to be free from imperfect workmanship and/or materials, and we agree to repair and/or replace at our own cost and expense, any and all such work, and/or materials which may prove defective in workmanship or materials within a period of one (1) year from the date of acceptance of the above named construction project, ordinary wear and tear or neglect excepted.
We also agree to repair and/or replace, at our own cost and expense, any work and/or materials that we may disturb or displace in making good such defects.
Within twenty-four (24) hours after being notified in writing by the City or the City’s representative, or the agent of either of them, of any defects in said work or materials, we agree to commence and prosecute with due diligence, all work necessary to fulfill the terms of this guarantee and to complete the work within a reasonable period of time, and in the event of our failure to so comply, we collectively and expressly do hereby authorize the City and/or the City’s representative, or the agent of either of them, to proceed to have such work done at our expense and we will honor and pay the cost and charges therefor upon demand.
This guarantee is made expressly for and to the benefit of both the City of the above mentioned construction project and the City’s representative, and shall be enforceable by either of them.
Dated________________________________
__________________________________________
Contractor’s Name
__________________________________________
Authorized Signature
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GUARANTEE
EQUIPMENT
CITY OF BAKERSFIELD
Recreation and Parks Department
City Hall North, 3
rd Floor
1600 Truxtun Avenue
Bakersfield, California 93301
In accordance with the terms of the Contract for:
_________________________________________________________________________________________ awarded on _______________________, between the City of Bakersfield (hereinafter referred to as “City”), and the undersigned, which contract provides for
___________________________________________________________, and under which contract the undersigned has furnished and installed such system, the following guarantee of the said system is hereby made:
Should any of the equipment installed pursuant to said contract prove defective or should the system as a whole prove defective, due to faulty workmanship, material furnished, or method of installation, or should said system or any part thereof fail to operate properly, as planned, due to any of the above causes, all within one (1) year after date on which said contract is accepted by the City, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said systems to the condition contemplated in said contract, including the cost of any equipment or materials replaced, or, upon demand by the City, to replace any such equipment and repair said systems completely without cost to the City, so that they will operate successfully as originally contemplated.
The City shall have the option to make any needed repairs or replacements itself or to have such replacements or repairs done by the undersigned. Prior to such replacement or repair work being done by the City, the undersigned shall have the option to make any needed repairs or replacements. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall commence to be made and such materials as are necessary shall commence to be furnished and installed within twenty-four (24) hours of the date specified in the City’s written notification. Contractor shall prosecute with due diligence to complete the work within a reasonable period of time, as specified in the City’s written notification. Contractor shall prosecute with due diligence to complete the work within a reasonable period of time, as specified in the City’s written notification.
Said system will be deemed defective within the meaning of this guarantee in the event that they fail to operate as originally intended by the manufacturers thereof and in accordance with the plans and specifications included in said contract.
Dated_______________________ ___________________________________ Contractor’s Name
___________________________________
Authorized Signature
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SECTION 1 DEFINITIONS AND TERMS
1.1 General
This work embraced herein shall be done in accordance with the Bid and Contract Documents issued for this project.
1.2 Definitions and Terms
When used in the various documents issued for this project, the following definitions and terms shall apply:
Bid and Contract Documents – The various documents issued by the City to solicit bids for and control the construction of the project. Those documents include, but are not limited to, the Notice to Contractors, Bid Proposal, Sample and Awarded Contract, Bidding Requirements, General Conditions, Technical Specifications, Plans, General Requirements and/or Supplementary Conditions, and Addenda.
City - City of Bakersfield, California.
Construction Manager - The Park Construction and Facilities Planner, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
Department – Recreation and Parks Department of the City of Bakersfield.
Director – Recreation and Parks Director.
Engineer - The City Engineer, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.
Laboratory - The designated laboratory authorized by the City to test materials and work involved in the contract.
Public Contract Code - This contract is subject only to Section 10162 of the Public Contract Code and to those sections of Public Contract Code that are specifically referenced in the Contract Documents issued for this project.
All other sections of the Public Contract Code, including the State Contract Act, which is Chapter 1, Part 2, Division 2 of the Public Contract Code, do not apply to this contract.
Other terms appearing in the Bidding Requirements, General Conditions, General Requirements and/or Supplementary Conditions, and Technical Specifications shall have the intent and meaning specified in those documents. The terms bid and proposal are used in the same way and can be freely interchanged herein.
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SECTION 2 PROPOSAL REQUIREMENTS
2.1 General Information
The Purchasing Officer of the City of Bakersfield, California, will receive at her office, City Hall, 1600 Truxtun Avenue, in said City until 11:00 a.m. on the date indicated on the cover sheet of these Bid and Contract Documents sealed proposals for:
JEFFERSON & STIERN PARKS RESTROOM REHABILITATION PROJECT
2.2 Approximate Estimate
The Engineer’s estimate of the quantities of work to be done and materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the City of Bakersfield does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the Engineer.
2.3 Examination of Plans, Specifications, Bid and Contract Documents and Site of Work The bidder is required to examine carefully the site of work, the proposal, plans and specifications, and contract forms. It will be assumed that the bidder has performed said examination, and is satisfied as to the conditions to be encountered, the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions, and the contract. It is mutually agreed that the submission of a proposal shall be considered prima facie evidence that the bidder has made such examination.
2.4 Rejection of Proposals Containing Alterations, Erasures or Irregularities Proposals may be rejected if they have been transferred to another bidder, or if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures or irregularities of any kind.
Proposals in which the prices obviously are unbalanced may be rejected.
When proposals are signed by an agent, other than the officer or officers of a corporation authorized to sign contracts on its behalf or a member of a partnership, a “Power of Attorney” must be on file with the Department prior to opening bids or shall be submitted with the proposal; otherwise, the proposal may be rejected as irregular and unauthorized.
The right is reserved to reject any and all proposals and waive any irregularity.
2.5 Proposal Form
All proposals must be made upon blank forms to be obtained from the Purchasing Officer, the form of which is in Part A of this document. All proposals must give the prices proposed. The bidder shall include all unit prices, extended prices and total prices, and acknowledge receipt of any addenda on the proposal form. If any of those prices are excluded, the submitted bid may be deemed non-responsive. Where indicated on the various forms, the proposal must be signed by a person duly authorized by the bidder to bind the bidder to a contract.
If the proposal is made by an individual, his name, telephone number and post office address must be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, the proposal must show the name of the state under the laws of which the corporation was chartered and the names, titles, and business addresses of the president, secretary and treasurer.
2.6 Bidder’s Guarantee
All bids shall be presented under sealed cover and shall be accompanied by a Proposal Guaranty made payable to the City of Bakersfield, for an amount equal to at least ten percent (10%) of the amount of said bid, and no bid shall be considered unless such Proposal Guaranty is enclosed therewith.
2.7 Required Listing of Proposed Subcontractors
Each proposal shall have listed therein the name, the location of the place of business, and the California contractor A-37
license number of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of 1 percent of the prime contractor's total bid or, in the case of bids or offers for the construction of streets or highways, including bridges, in excess of one-half of 1 percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is greater, in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. The bidder’s attention is invited to other provisions of said Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions. In addition, bidder’s attention is directed to Subsection 4104 (a) (2) which states:
An inadvertent error in listing the California contractor license number provided pursuant to paragraph (1) shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected contractor's license number is submitted to the public entity by the prime contractor within 24 hours after the bid opening and provided the corrected contractor's license number corresponds to the submitted name and location for that subcontractor.
The listing of proposed subcontractors shall also include a description of the portion of the work that will be done by each subcontractor. The prime contractor shall list only one subcontractor for each portion of work as defined by the prime contractor in his or her bid.
It shall be the responsibility of prime contractors to ensure their listed subcontractors are licensed and in good standing with the Contractors State License Board; to verify that the correct license numbers are listed on their bids prior to submission; to review the subcontractors’ names, locations and license numbers after submitting the bid to ensure accuracy and completeness; and to correct any errors in the license numbers within 24 hours after the bid opening.
A sheet for listing the Subcontractors, as required herein, is included in the Proposal.
2.8 Bid Submittal Items
All submitted bids shall include the following completed forms. Failure to submit any of the required forms may be caused for rejection of your bid.
▪ Proposal Form;
▪ List of Subcontractors;
▪ Bidder’s Bond Form;
▪ Noncollusion Affidavit Form;
2.9 Omissions in Specifications and Drawings
Any materials or work mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications shall be of the same effect as if shown or mentioned in both.
Omissions from the drawings or the specifications of the materials or details of work which are manifestly or obviously necessary to carry out the intent of the drawings and specifications or which are customarily furnished or performed, shall not relieve the Contractor of his responsibility for furnishing such omitted materials or performing such omitted work; but shall be furnished or performed as if fully shown or described in the drawings or specifications.
2.10 Withdrawal of Proposals
Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids only by written request for the withdrawal of the bid filed with the Purchasing Department. The written request shall be on the bidder’s letterhead and shall be executed by the bidder or his duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid. Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time, nor may any bid be withdrawn after the time fixed in the public notice for the opening of bids.
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Proposals will be opened and read publicly at the time and place indicated in the “Notice to Contractors”. Bidders or their authorized agents are invited to be present via TEAMS Meeting (Video Conferencing).
2.12 Relief of Bidders
Attention is directed to the provisions of Public Contract Code Sections 5100 to 5107, inclusive, concerning relief of bidders and in particular to the requirement therein, that if the bidder claims a mistake was made in his bid, the bidder shall give the Department written notice within five (5) days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.
Public Contract Code Section 10285.1 (Chapter 376, Stats, 1985) provides as follows:
Any state agency may suspend, for a period of up to three (3) years from the date of conviction, any person from bidding upon, or being awarded, a public works or services contract with the agency under this part or from being a subcontractor at any tier upon the contract, if that person, or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Section 1101, with any public entity, as defined in Section 1100, including for the purposes of this section , the Regents of the University of California or the Trustees of the California State University. A state agency may determine the eligibility of any person to enter into a contract under this section by requiring the person to submit a statement under penalty of perjury declaring that neither the person nor any subcontractor to be engaged by the person has been convicted of any of the offenses referred to in this section within the preceding three (3) years.
A form for the statement required by Section 10285.1 is included in the proposal.
2.13 Disqualification of Bidders
More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among the bidders, any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected. Bidders may be disqualified for being non-responsible.
2.14 City Employees and Design Consultants May Not Bid on Construction Contract No employee of the City shall be eligible to submit a proposal for, nor to subcontract for any portion of, nor to supply any materials for any contract administered by the Department.
No firm which has provided design services for a project shall be eligible to submit a proposal for the contract to construct the project nor to subcontract for any portion of the work. The ineligible firms include the prime contractor for design, subcontractors of portions of the design and affiliates of either. An affiliate is a firm which is subject to the control of the same persons, through joint ownership or otherwise.
2.11 Public Opening of Proposals
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SECTION 3 AWARD AND EXECUTION OF CONTRACT
3.1 General
The right is reserved to reject any and all proposals. The award of the contract, if awarded, will be to the lowest responsible bidder. The language refers to not only the attribute of trustworthiness, but also to the quality, fitness and capacity of low bidder to satisfactorily perform the proposed work.
3.2 Award of Contract
The award of the contract, if awarded, will be made within sixty (60) calendar days after the opening of the proposals unless extension is approved by the lowest responsible bidder.
3.3 Contract Bonds
The Contractor shall furnish two good and sufficient bonds insured by an admitted surety insurer as set forth in Title XIV, Chapter 2, Article 6 of the California Code of Civil Procedure. One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor and shall be in an amount equal to one hundred percent (100%) of the contract price. The other of the said bonds shall guarantee payment to laborers, mechanics and material workers employed on the job under the contract, shall satisfy the requirements specified in Section 3248 of the California Civil Code and shall be for an amount not less than one hundred percent (100%) of the total amount payable by the terms of the contract.
Whenever any surety or sureties on any such bonds required by law for the protection of the claims of laborers and material men, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished.
3.4 Execution of Contract
The contract shall be signed by the successful bidder and returned, together with acceptable contract bonds and acceptable, required insurance documents, by the date specified in the schedule shown in the following table. The Commercial General Liability and Workers’ Compensation insurance policies shall contain additional insured endorsements in favor of the City, its mayor, council, officers, agents, employees and volunteers, as required in these specifications. No proposal shall be considered binding upon the City until the execution of the contract. All contracts shall be considered as being made and entered into in the City of Bakersfield, California.
Failure to execute a contract, file acceptable bonds and submit acceptable insurance documents by the date specified in the schedule shown below shall be just cause for the cancellation of the offer to award and the forfeiture of the proposal guaranty.
3.5 Return of Bidder’s Guarantees
Within ten (10) days after the award of the contract, the City of Bakersfield will return any monies or form for deposit of money that are not to be considered in making the award.
PART B
1. 2.
Enter name of the Committee
3. Date
We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including § 230.1 (c) which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men.
We will comply with the standards of
Apprenticeship Committee for the duration of this job only.
We are already approved to train apprentices by the
THIS FORM IS BEING SENT TO: (NAME & ADDRESS OF APPRENTICESHIP PROGRAM(S)) Check One Of The Boxes Below
Apprenticeship Committee. We will employ and train under their Standards. Enter name of the Committee
PUBLIC WORKS CONTRACT AWARD INFORMATION
NAME & ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT
Contract award information must be sent to your Apprenticeship Committee if you are approved to train. If you are not approved to train, you must send the information (which may be this form) to ALL applicable Apprenticeship Committees in your craft or trade in the area of the site of the public work. Go to: http://www.dir.ca.gov/databases/das/pwaddrstart.asp for information about programs in your area and trade. You may also consult your local Division of Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards.
Do not send this form to the Division of Apprenticeship Standards. NAME OF YOUR COMPANY
MAILING ADDRESS- NUMBER & STREET, CITY, ZIP CODE
CONTRACTOR'S STATE LICENSE NO
AREA CODE & TELEPHONE NO.
DATE OF EXPECTED OR ACTUAL START OF PROJECT
ESTIMATED NUMBER OF JOURNEYMEN HOURS
This is not a request for dispatch of apprentices.
Contractors must make a separate request for actual dispatch, in accordance with Section 230.1(a) California Code of Regulations
DATE YOUR CONTRACT EXECUTED
OCCUPATION OF APPRENTICE
NAME & ADDRESS OF PUBLIC WORKS PROJECT
APPROXIMATE DATES TO BE EMPLOYED
ESTIMATED NUMBER OF APPRENTICE HOURS
DAS 140 (REV. 1/04)
State of California - Department of Industrial Relations DIVISION
OF APPRENTICESHIP STANDARDS
Signature
Typed Name
Title
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PART C
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SECTION 1 DEFINITIONS
1.1 Definitions
Whenever the following terms occur in the Contract Documents, they shall have the meanings as set forth in this Section which shall be equally applicable in both the singular and plural forms of any of the defined terms.
Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding requirements or the Contract Documents.
Agreement—The written agreement executed between OWNER and CONTRACTOR covering the performance of the Work. Other Contract Documents are incorporated into the Agreement and are made a part of it.
Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration.
Bid—The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed.
Bidder—Any individual, partnership, corporation, or combination of these submitting a proposal for the Work, acting directly or through an authorized representative.
Bidding Documents—The advertisement or invitation to bid, instructions to bidders, the Bid form, Bidding Requirements, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids).
Bonds—Instruments of security guaranteeing the CONTRACTOR will fulfill the terms of the Agreement.
Change Order—A written instrument, which when signed by OWNER, amends the Contract Documents to provide for changes in the Work or in the provisions of the Contract Documents or changes in Contract Price or Contract Time, or any combination of these.
Change Request—A written instrument which, when signed by OWNER, is a directive authorizing a change in the Work or in the provisions of the Contract Documents, or an adjustment in Contract Price or Contract Time, or a combination of these. A Change Request is not an instrument that amends the Contact Documents; however, it may be converted into a Change Order.
Construction Manager—The ENGINEER, or the person, firm, or corporation duly authorized by OWNER to oversee the execution of this Agreement, acting either directly or through their properly authorized agents.
Contract Documents—Bidding Documents, Notice to Contractors, General Description of Work, Bid Form, Bid Bond, Performance Bond, Payment Bond, CONTRACTOR’s Certificate Regarding Worker’s Compensation, Certificates of Insurance and Endorsements, Agreement, General Conditions, General Requirements and/or Supplementary Conditions, Technical Specifications and Drawings, Addenda and Change Orders.
Contract Price—The total compensation for completion of the Work, subject to authorized adjustments, payable by OWNER to CONTRACTOR under terms of the Contract Documents.
Contract Time—The period of performance stated as number of days or dates allotted in the Contract Documents, subject to authorized adjustments, for Substantial Completion of the Work, or any specified part of the Work.
CONTRACTOR—The individual, partnership, corporation, or combination of these who has entered into the Agreement with OWNER for the performance of the Work. The term “CONTRACTOR” means CONTRACTOR or their authorized representative.
Days—Unless otherwise specified, days shall mean calendar days.
Defective—An adjective which when modifying the word work refers to work that is unsatisfactory, faulty or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to final payment (unless responsibility for the protection of that work has been assumed by OWNER at Substantial Completion).
Drawings—The drawings which show the scope, extent and character of the Work to be furnished and performed by CONTRACTOR and which have been prepared or approved by the Engineer and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined.
Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to C-2
sign and deliver.
Emergency—A sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Emergency includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage.
Engineer—See definition in Section 1 of Part A.
Final Acceptance—The formal action by OWNER as evidenced by the filing of a Notice of Completion accepting the Work as being completed.
Final Progress Payment—The total amount to be paid under the terms of the Agreement less all previous payments and all amounts to be retained under the provisions of the Agreement.
General Requirements— The part of the Contract Documents which amends or supplements these General Conditions.
Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.
Holidays—The days designated by OWNER as legal holidays.
Laboratory—The facility authorized by OWNER to test materials and work involved in the contract.
Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction.
Liens—Legal claim, charges, security interests or encumbrances upon real property or personal property.
Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work.
Notice of Award—Written notice to the apparent successful Bidder of OWNER’s intent to enter into the Agreement.
This notice will reference or be accompanied by documents to be executed by CONTRACTOR within the time specified.
Notice of Completion—Certification by OWNER that the Work is complete, including minor items identified on the certificate of Substantial Completion, delivery of record documents, and final cleanup.
Notice to Proceed—Written notice by OWNER that all Contract Documents have been approved and executed by OWNER and CONTRACTOR. CONTRACTOR shall not commence work in the field or order materials until the Notice to Proceed is issued. Contract Time shall be measured from the date of commencement stated in the Notice of Proceed.
OWNER— The term Owner shall mean the City of Bakersfield or its authorized representative.
Plans—See Drawings.
Progress Payment Request—The form furnished by OWNER that is to be used by CONTRACTOR in requesting progress or final payments. The request includes such supporting documentation as required by the Contract Documents.
Progress Schedule—All documentation related to the planning and scheduling of the Work as described in these General Conditions and the General Requirements and/or Supplementary Conditions.
Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged.
Shop Drawings—Drawings, diagrams, illustrations, schedules, performance charts, brochures, design related submittal, and other data that are prepared by or for CONTRACTOR that illustrate or describe some portion of the Work.
Specialist—The term Specialist refers to a person, partnership, firm, or corporation of established reputation (or if newly organized, whose personnel have previously established a reputation in the same field), which is regularly engaged in, and which maintains a regular force of workers skilled in either (as applicable) manufacturing or fabricating items required by the Contract Documents, or otherwise performing Work required by the Contract Documents. Where the Specifications require the installation by a Specialist, that term shall also be deemed to mean either the manufacturer of the item, a person, partnership, firm, or corporation licensed by the manufacturer, or a person, partnership, firm, or corporation who will perform the Work under the manufacturer’s direct supervision.
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Specifications—Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details.
Substantial Completion—The date when (a) the Work, or specified part of the Work, is complete in accordance with the Contract Documents, with the exception of the minor items identified during the inspections described in the General Conditions; (b) the degree of completion of the Work is sufficient to provide OWNER full time, uninterrupted, continuous beneficial operation; and (c) all required functional, performance and acceptance or startup testing has been successfully completed for all components, devices, equipment, and instrumentation and control to the satisfaction of OWNER. The terms “substantially complete” and “substantially completed” as applied to any work refers to Substantial Completion.
This is the point in time when liquidated damages may be imposed on CONTRACTOR if all of the above requirements have not been met.
Subcontractor—An individual, partnership, corporation, or combination of these, who has a contract with CONTRACTOR to perform any work at the site. The term “Subcontractor” means a Subcontractor or their authorized representative. Subcontractor also means an individual, partnership, corporation, or combination of these, who has a contract with a Subcontractor to perform any work at the site.
Supplementary Conditions—The part of the Contract Documents which amends or supplements these General Conditions.
Supplier—A manufacturer, fabricator, supplier, distributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated into the Work by CONTRACTOR or any Subcontractor.
Utility—Public or private fixed works for the transportation of fluids, gases, power, signals, or communications.
Work—All obligations and responsibilities and all labor necessary to produce the construction or improvement required by the Agreement, and all materials and equipment incorporated in the construction or improvement.
1.2 Document Headings
The headings in these Contract Documents are for convenience of reference only, and shall not limit or otherwise affect the meaning of the Contract Documents.
1.3 Terms
Wherever the terms “directed,” “required,” “permitted,” “ordered,” “designated,” “prescribed,” or terms of like importance are used, it shall be understood the direction, requirements, permission, order, designation, or prescription of OWNER is intended. Similarly, the terms “approved,” “acceptable,” “satisfactory,” “or equivalent,” or terms of like importance shall mean approved by, or acceptable to, OWNER, unless otherwise expressly stated.
The word “provide” shall be understood to mean furnish and install.
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SECTION 2 PRELIMINARY MATTERS
2.1 Commencement of the Contract Time; Notice to Proceed
2.1.1 Contract Time shall be measured from the date of commencement stated in the Notice to Proceed.
2.1.2 CONTRACTOR shall start to perform field work and order materials on the date set forth in the Notice to Proceed. No work shall be done at the site nor materials ordered prior to the date of Notice to Proceed unless authorized by OWNER in a Change Order.
2.2 Work to be Done
The work to be done consists of furnishing all labor, materials, methods or processes, implements, tools, plant, and machinery that are required for or pertaining to the construction and completion of the Work designated in the Agreement, and which are necessary to leave the grounds in a neat condition. Any work not shown in the Drawings or Specifications but necessary to complete the Work according to Laws and Regulations shall be performed by CONTRACTOR as if in the Contract Documents.
2.3 Preconstruction Conference
Prior to commencement of work at the site, a conference will be held for review of the schedules, to establish procedures for handling Shop Drawings and other submittals and for processing Progress Payment Requests, and to establish a clear understanding among the parties as to the Work. CONTRACTOR shall attend this conference and shall require any or all of its Subcontractors and Suppliers, as OWNER directs, to attend the conference.
2.4 Before Starting Construction
2.4.1 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown and all applicable field measurements. CONTRACTOR shall promptly report in writing to OWNER any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from OWNER before proceeding with any affected work; however, CONTRACTOR shall not be liable to OWNER or the Construction Manager for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents, unless CONTRACTOR knew or reasonably should have known about it.
2.4.2 Before any work is started at the site, CONTRACTOR shall each deliver to the OWNER, with copies to each additional insured identified in the General Requirements and/or Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR is required to purchase and maintain.
2.4.3 Also, before CONTRACTOR will be allowed to conduct any work at the site, CONTRACTOR must prepare and submit to OWNER, a written plan for project-specific safety precautions and programs.
2.5 Schedules
2.5.1 Within ten (10) days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements and/or Supplementary Conditions), CONTRACTOR shall submit to OWNER for review:
2.5.1.1 a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents and an estimate of the required labor to complete the Work;
2.5.1.2 a preliminary schedule of Submittals which will list each required submittal and the times for submitting, reviewing and processing such Submittal (periodic Submittals may be listed by a common monthly date);
2.5.1.3 a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item.
2.5.2 OWNER will review and return these submissions and CONTRACTOR shall revise, adjust or modify and resubmit acceptable schedules.
2.5.3 At least ten (10) days prior to submitting the first Progress Payment Request, CONTRACTOR shall (except as otherwise specified in the General Requirements and/or Supplementary Conditions) submit C-5
to OWNER acceptable Progress and Shop Drawing Submittal Schedules, acceptable labor projections, and a final schedule of values of the Work. These schedules shall be of satisfactory type, form, and substance to OWNER. OWNER may require the schedule of values to be adjusted if in their opinion the breakdown does not accurately reflect the true distribution of the Contract Price. Upon acceptance of the schedule of values by OWNER, it shall be incorporated into the Progress Payment Request.
2.6 Working Hours
2.6.1 2.6.2
Except in connection with the safety or protection of persons or the Work or property at or adjacent to the site, and except as otherwise indicated in the General Requirements and/or Supplementary Conditions, all work at the site shall be performed during normal working hours. CONTRACTOR shall not permit overtime work or the performance of work on Saturdays, Sundays, or any holidays without OWNER’s written consent. Normal craft working hours shall be defined as the period occurring between the hours beginning at 7:00 AM. and ending at 5:00 PM, exclusive of Saturdays, Sundays, or holidays.
Work during other than normal working hours may be scheduled by CONTRACTOR if written permission is obtained from OWNER and CONTRACTOR agrees to pay all additional costs incurred by OWNER for inspection and administration of the overtime work.
CONTRACTOR shall forfeit as a penalty to OWNER $25 for each worker employed in the execution of the Work by CONTRACTOR or any Subcontractor under them for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, in particular, Section 1810 to Section 1815, inclusive, except that work performed by employees of CONTRACTOR in excess of eight (8) hours per day and forty (40) hours during any one (1) week shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay.
2.7 Notice and Service
Any notice required or given by one party to the other under the contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notices shall not be effective for any purposes whatsoever, unless served in the following manner:
2.7.1 If delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended;
2.7.2 If delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice; or
2.7.3 If transmitted by facsimile, the time at which a machine generated confirmation states the notice was received at the facsimile telephone number of the intended recipient last known by the sender.
2.8 CONTRACTOR Correspondence
All CONTRACTOR’s correspondence shall have identification numbers assigned by CONTRACTOR. The identification numbers shall be sequential and assigned chronologically such that each CONTRACTOR’s submission can be individually identified by reference to the assigned identification number. The numbering system must be approved by OWNER. Any correspondence not so identified may not be accepted by OWNER.
2.9 OWNER Correspondence
All correspondence from OWNER or the Construction Manager shall be by Field Transmittal Memorandum (FTM).
FTMs shall be sequentially numbered for identification. CONTRACTOR shall sign and return one copy of each FTM to acknowledge receipt of the FTM and all attachments. CONTRACTOR’s acknowledgment of receipt will not constitute acceptance of or agreement with the contents of the FTM.
2.10 Use of Forms Provided
Unless OWNER allows to the contrary, only those forms provided or approved by OWNER shall be used and no modifications or substitutions shall be allowed.
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SECTION 3 CONTRACT DOCUMENTS
3.1 Applicable Law and Codes; Intent
3.1.1 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all.
3.1.2 It is the intent of the Contract Documents to describe a functionally complete project (or part of it) to be designed and constructed in accordance with the Contract Documents. Any work, materials, or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words that have a well-known technical or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in accordance with that meaning.
3.1.3 Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental entity, including OWNER, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of opening of Bids, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of OWNER, CONTRACTOR, or the Construction Manager, or any of their consultants, agents, or employees from those set forth in the Contract Documents, nor shall it assign to OWNER or the Construction Manager, or any of their consultants, agents, or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of this Agreement.
3.2 Priority of Documents
3.2.1 Drawings shall govern over the Technical Specifications; the Technical Specifications shall govern over General Requirements (and/or Supplementary Conditions); and the General Requirements (and/or Supplementary Conditions) shall govern over the General Conditions.
3.2.2 Should it appear that the work to be done or any of the matters relative thereto are not sufficiently detailed or explained in the Drawings, Technical Specifications, General Requirements (and/or Supplementary Conditions) or the General Conditions, the Contractor shall apply to the Engineer for such further explanations as may be necessary and shall conform to them as part of the contract. In the event of any doubt or question arising respecting the true meaning of these Drawings, Technical Specifications, General Requirements (and/or Supplementary Conditions) or the General Conditions, reference shall be made to the Engineer, whose decision thereon shall be final.
3.2.3 In the event of any discrepancy between any drawing and the figures written thereon, the figures shall be taken as correct. Detail drawings shall prevail over general drawings.
3.2.4 If the issue of priority is due to a conflict or discrepancy between provisions of the Contract Documents and any referenced standard specification, manual, or code of any technical society, organization or association, the provisions of the Contract Documents will take precedence if they are more stringent or presumptively cause a higher level of performance. If there is any conflict or discrepancy between standard specifications, manuals, or codes of any technical society, organization or association, or between Laws or Regulations, the higher cost requirement shall be binding on CONTRACTOR, unless otherwise directed by OWNER.
3.2.5 In accordance with the intent of the Contract Documents, CONTRACTOR recognizes and accepts that compliance with the priority order specified shall not justify an increase in Contract Price or extension in Contract Time.
3.3 Reporting and Resolving Discrepancies
3.3.1 If CONTRACTOR, either before commencing work or in the course of the Work, finds any discrepancy between the Specifications and the Drawings or between either of them and the physical conditions at the site of the Work or finds any error or omission in any of the Drawings or any survey, they shall promptly notify OWNER of the discrepancy, error, or omission. If CONTRACTOR observes that any Drawings or Specifications are at variance with any applicable law, ordinance, regulation, order, or decree, they shall promptly notify OWNER in writing of the conflict.
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3.3.2 OWNER, on receipt of any such notice, will promptly investigate the circumstances and give appropriate instructions to CONTRACTOR. Until such instructions are given, any work done by CONTRACTOR after the discovery of the error, discrepancy, or conflict which is directly or indirectly affected by the error, discrepancy, or conflict will be at their own risk. If CONTRACTOR believes that a defect or insufficiency exists in the design, materials, or specified method and fails to promptly notify OWNER in writing, CONTRACTOR waives any right to assert that defect or insufficiency in design, materials, or specified method at any later date in any legal, equitable, or arbitration proceeding against OWNER or related settlement proceeding.
3.4 Reuse of Documents
Neither CONTRACTOR nor any Subcontractor or Supplier or other persons or organization shall acquire any title to or have ownership rights of any of the Drawings, Specifications, or other documents (or copies) prepared by or bearing the seal of the Engineer or architect of record; and they shall only be used on this project and shall not be used on any other project nor shall they be generally published without written consent of OWNER.
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SECTION 4 AVAILABILITY OF LANDS; SUBSURFACE AND
PHYSICAL CONDITIONS
4.1 Land and Rights-of-Way
4.1.1 Unless otherwise specified in the General Requirements and/or Supplementary Conditions, OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way, easements, entry and encroachment permits for access, and such other lands that are designated for use by CONTRACTOR. Lands and easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. CONTRACTOR shall make their own arrangements and pay all expenses for additional area required by them outside the limits of OWNER’s lands and rights-of-way.
4.1.2 Work in rights-of-way shall be done in accordance with the requirements of the permit, easement or license issued by the public agency or utility owner in whose right-of-way the work is located in addition to conforming to the Contract Documents.
4.2 Removal of Obstructions
CONTRACTOR shall remove and dispose of all structures, debris, or other obstructions of any character necessary to accommodate the Work. Where such obstructions consist of improvements not required by law to be removed by the utility owner, all such improvements shall be removed, maintained, and permanently replaced at CONTRACTOR’s expense.
4.3 Location of Utilities and Structures
OWNER has endeavored to determine the existence of utilities and structures at the site of the Work from the records of the utility owners of known utilities in the vicinity of the Work. Unless otherwise noted, the positions of these utilities as derived from such records are shown on the plans. No excavations were made to verify the locations shown for underground utilities. The service connections to these utilities are not shown on the plans. It shall be the responsibility of CONTRACTOR to determine the exact location of all service connections.
CONTRACTOR shall make their own investigations, including exploratory excavations, to determine the locations and type of service connections, prior to commencing work which could result in damage to such utilities. If CONTRACTOR while performing work discovers utility facilities not identified by OWNER or in a different position than identified in the Contract Documents, they shall immediately notify OWNER and responsible utility owner in writing.
4.4 Service Connections, Utilities or Structures
When it is necessary to remove, relocate, or temporarily maintain a service connection, utility or structure which is in the position shown on the plans, the cost of which is not required to be borne by the utility owner, CONTRACTOR shall bear all expenses incidental to the work. The work on the utility shall be done in a manner satisfactory to the utility owner; it being understood that the utility owner of the facility has the option of doing such work with their own forces or permitting the work to be done by CONTRACTOR.
4.5 Subsurface and Physical Conditions
4.5.1 Reference is made to the General Requirements and/or Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by the Engineer in the preparation of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, and upon the Engineer’s interpretation of baseline geotechnical conditions presented in the Geotechnical Baseline Report, if included; however, the interpretation of such technical data, including any interpolation or extrapolation thereof, together with nontechnical data, interpretations, and opinions contained in such reports other than the Geotechnical Baseline Report, if included or the completeness thereof is the responsibility of CONTRACTOR.
4.5.2 Reference is made to the General Requirements and/or Supplementary Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Utilities referred to in Paragraph 4.3 herein) which are at or contiguous to the site that have been utilized in the preparation of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such drawings, except for such physical dimensions that can be field verified, however, nontechnical data, interpretations, and opinions contained in such drawings are not to be relied on by CONTRACTOR. CONTRACTOR shall also be responsible for any interpretation, interpolation, or extrapolation that it makes of any information shown in such drawings. Where OWNER, C-9
the Engineer, the Construction Manager, or their consultants have made investigations of the subsurface conditions in areas where the Work is to be performed, such investigations were made only for the purposes of study and design. The conditions indicated by such investigations apply only at the specific point of each boring or excavation at the time that the borings or excavations were made.
4.6 Notice of Differing Subsurface or Physical Conditions If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site differs materially from that shown or indicated in the Contract Documents, or is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware of and before further disturbing conditions affected by or performing any work in connection with, except in an emergency, notify OWNER in writing about the condition. CONTRACTOR shall not further disturb such conditions or perform any affected work until written instructions have been provided by OWNER.
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SECTION 5 INSURANCE
5.1 General
5.1.1 CONTRACTOR shall not commence or continue to perform any work unless they, at their own expense, have in full force and effect all required insurance. In the event that CONTRACTOR employs subcontractors, sub-tier contractors, or any person or entity involved by, for, with, or on behalf of CONTRACTOR in the performance of the Work on this project, CONTRACTOR shall be responsible to require and confirm that each meets the minimum insurance requirements specified below and shall not permit any of them to perform work on this project until they have complied with the same insurance requirements. All of the insurance shall be provided on policy forms satisfactory to OWNER.
5.1.2 The types of insurance CONTRACTOR shall obtain and maintain for the full period of the Agreement and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective work, are:
• Worker’s Compensation and Employer’s Liability Insurance • Commercial General Liability Insurance
• Commercial Automobile Liability Insurance
• Property “Builder’s Risk” Insurance
5.1.3 All insurance policies shall be issued by an insurance company admitted and licensed to transact the business of insurance in the State of California, with an assigned policyholders’ Rating of A and Financial Size Category Class V in accordance with the latest edition of Best Key Rating Guide, unless otherwise approved by OWNER.
5.1.4 Prior to exercising any right or commencing any work on this project, CONTRACTOR shall furnish OWNER with endorsements to the required policies of insurance, excepting workers’ compensation and employer’s liability, in such forms reasonably acceptable to OWNER confirming that OWNER and each additional insured identified in these the General Requirements and/or Supplementary, are named as additional insureds for all liability risks on such policies. The additional insured endorsements shall cover but not be limited to liability arising out of any and all activities performed by or on behalf of CONTRACTOR and shall include coverage for premises operations and completed products hazards.
Moreover, upon request of OWNER, CONTRACTOR shall provide a certified duplicate original of any of the herein described policies of insurance.
5.1.5 CONTRACTOR also shall furnish OWNER, prior to exercising any right or commencing any work on this project, with certificates of insurance countersigned by an authorized agent or representative of the insurance companies stating that the insurance policies will not be canceled, altered, or reduced without thirty (30) days’ prior written notice to OWNER (ten (10) days for nonpayment of premium).
5.1.6 Any deductible or self-insured retention must be declared to and approved by OWNER. At the option of OWNER and except as is provided for in paragraph 5.5.4 below, the insurer shall either reduce or eliminate such deductibles or self-insured retentions.
5.1.7 If any of the required coverages expire during the term of this Agreement, the CONTRACTOR shall deliver the renewal certificate(s) including the required policy additional insured endorsement(s) to OWNER at least ten (10) days prior to the expiration date. In the event of cancellation for non-payment of premium, OWNER may pay premiums due by CONTRACTOR and deduct the paid payment from amounts then or subsequently owing to the CONTRACTOR under this Agreement.
5.1.8 Insurance limits called for herein shall be considered to be minimum and OWNER shall have the absolute discretion to require higher limits should the nature of the work and risks involved call for higher limits. A requirement of higher limits may necessitate an adjustment in CONTRACTOR’s compensation.
CONTRACTOR shall give OWNER prompt notice of a claim made or a suit instituted arising out of CONTRACTOR’s operations under this Agreement.
5.1.9 CONTRACTOR hereby grants to OWNER, on behalf of any insurer providing insurance to CONTRACTOR with respect to the work of CONTRACTOR under this Agreement, a waiver of any right of subrogation which any such insurer of said CONTRACTOR may acquire against OWNER by virtue of the payment of any loss under such insurance.
5.1.10 All of the below insurance policies are to contain, or be endorsed to contain, the following provisions:
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5.1.10.1 For any claim related to this project, the CONTRACTOR’s insurance shall be primary insurance as respects OWNER and Construction Manager. Any insurance, self-insurance or other coverage maintained by OWNER or Construction Manager shall not contribute to it.
5.1.10.2 Any failure of CONTRACTOR to comply with the reporting or other provisions of the policies including breaches and warranties shall not affect coverage provided to OWNER or Construction Manager.
5.1.10.3 The CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5.1.10.4 All insurance correspondence, notations, certificates or other documents from the insurance carriers or agents/brokers shall each separately reference the OWNER project number.
5.1.11 CONTRACTOR shall provide the insurance required by the Contract.
5.2 CONTRACTOR’s Responsibility Not Limited by Insurance Nothing contained in these insurance requirements is to be construed as limiting the extent of the liability of the CONTRACTOR or CONTRACTOR’s sureties.
5.3 Maintaining Insurance
The maintenance of proper insurance in conformity with the Contract Documents is a material element of this Agreement. If at any time during the life of the Agreement, including the guarantee period, or any extension, CONTRACTOR fails to maintain the required insurance in full force and effect, the Work shall be discontinued immediately and all payments due or that become due to CONTRACTOR shall be withheld until notice is received by OWNER that the required insurance has been restored to full force and effect and that the premiums have been paid for a period satisfactory to OWNER. Failure to maintain or renew coverage or to provide evidence of renewal upon request of OWNER may be treated by OWNER as a material breach of contract.
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SECTION 6 CONTRACTOR’S RESPONSIBILITIES
6.1 CONTRACTOR’s Responsibility for the Work
6.1.1 CONTRACTOR shall supervise, provide quality control, inspect and direct the Work competently and efficiently, devoting such attention and applying such skills and expertise as may be necessary to perform work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents.
6.1.2 Until Final Acceptance, CONTRACTOR shall have the responsible charge and care of the Work and of the materials to be used, including materials for which they have received partial payment or materials which have been furnished by OWNER, and shall bear the risk of injury, loss, or damage to any part caused by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work. CONTRACTOR shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work or the materials occasioned by any cause before its completion and acceptance and shall bear the related expenses.
6.1.3 Where necessary to protect the Work or materials from damage, CONTRACTOR shall at their expense provide suitable drainage and erect such temporary structures as are necessary to protect the Work or materials from damage. The suspension of the Work for any cause whatsoever shall not relieve CONTRACTOR of their responsibility for the Work and materials as specified. If ordered by OWNER, CONTRACTOR shall at their expense properly store materials that have been partially paid for by OWNER or that have been furnished by OWNER. Such storage by CONTRACTOR shall be on behalf of OWNER, and OWNER shall at all times be entitled to the possession of such materials, and CONTRACTOR shall promptly return the same to the site for the Work when requested. CONTRACTOR shall not dispose of any of the materials so stored, except on written authorization from OWNER.
6.1.4 Notwithstanding the foregoing provisions of this section, CONTRACTOR shall not be responsible for the cost of repairing or restoring damage to the Work, which is determined to have been caused by an Act of God, in excess of five (5) percent of the contracted amount, provided the Work is built in accordance with accepted and applicable standards and the approved Drawings and Specifications. “Acts of God” shall include earthquakes in excess of a magnitude of 3.5 on the Richter Scale and tidal waves.
6.1.5 OWNER may require special methods for storage of materials and equipment. In addition, the storage of excavated material may require CONTRACTOR to make special arrangements. The specific requirements, if needed, are covered in the General Requirements and/or Supplementary Conditions.
6.2 Preservation of Property
6.2.1 CONTRACTOR shall exercise due care to avoid injury to existing improvements or facilities, utilities, adjacent property, and trees and shrubbery that are not to be removed.
6.2.2 All trees, shrubbery, and vegetation that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipelines under or above ground, sewer and waterlines, all highway or street facilities, and any other improvements or facilities within or adjacent to the Work shall be protected from injury or damage, and CONTRACTOR shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of CONTRACTOR’s operation, they shall be replaced or restored at CONTRACTOR’s expense to a condition as good as when CONTRACTOR entered upon the Work or as good as required by the Drawings and Specifications if any such objects are a part of the Work being performed.
6.3 Responsibility for Loss, Damage, or Injuries
CONTRACTOR shall be responsible for any loss, damage, or injury incurred by OWNER, the Construction Manager, or their consultants, or their directors, officers, employers, and agents, directly or indirectly, as a result of the intentional, willful, negligent or wrongful acts, errors or omissions of CONTRACTOR or any of CONTRACTOR’s Subcontractors: and for any losses or cost to repair or remedy construction as a result of such acts, errors, or omissions. Acceptance of the Work shall not relieve CONTRACTOR of the responsibility for subsequent correction of such acts, errors, or omissions, or of CONTRACTOR’s liability for any loss or damage resulting therefrom. Such C-13
responsibility shall extend to claims, demands, or liability for loss, damage, or injuries occurring after completion of the Work as well as during progress of the Work.
6.4 Superintendence
6.4.1 CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, (or project manager) who shall not be replaced without written notice to OWNER except under extraordinary circumstances. The superintendent will be CONTRACTOR’s representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. If at any time during the Work the superintendent leaves the project site while work is in progress, OWNER shall be notified and provided with the name of the CONTRACTOR’s representative having responsible charge.
6.4.2 The superintendent and similar authorized representatives of any Subcontractor, Supplier, or other person or organization shall attend all meetings pertaining to the Work, as requested by OWNER.
6.5 Observing Laws and Ordinances
6.5.1 CONTRACTOR shall keep themselves fully informed of all laws, ordinances, and regulations that in any manner affect those engaged or employed on the Work or the materials used in the Work or that in any way affect the conduct of the Work, and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency is discovered in the Contract Documents in relation to any such law, ordinance, regulation, order or decree, CONTRACTOR shall immediately report the same to OWNER in writing and cease operations on the affected part of the Work until written instructions have been provided by OWNER.
6.5.2 CONTRACTOR shall at all times observe and comply with and shall cause all their agents, employees, Suppliers, and Subcontractors to observe and comply with all laws, ordinances, regulations, orders, and decrees, and shall hold harmless, indemnify, and defend OWNER, the Construction Manager, and their consultants, and each of their officers, directors, employees, and agents against any claims, demands, damages, costs and liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree by CONTRACTOR, their employees, their agents, their Subcontractors, or their Suppliers.
6.6 Permits and Licenses
6.6.1 6.6.2
6.6.3 6.6.4
Certain permits are required for construction of the Work. These permits are hereby made a part of these Contract Documents, and all requirements shall be met solely and fully by CONTRACTOR. All costs incurred due to the permit requirements shall be included in the various bid items and no additional allowance will be made for them.
CONTRACTOR shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work, except as provided in the General Requirements and/or Supplementary Conditions.
Copies of any permits and licenses, including current contractor’s licenses from the State of California, shall be provided to OWNER upon request.
The City of Bakersfield building permits are no fee permits. Contractor shall obtain the permits at the City of Bakersfield, Development Service building, 1715 Chester Avenue, front counter.
6.7 Patents
CONTRACTOR shall assume all costs arising from the use of patented materials, equipment, devices, or processes used on or incorporated into the Work and shall hold harmless, indemnify and defend OWNER, the Construction Manager, and their consultants, and each of their officers, employees, and agents from all lawsuits or actions of every nature for or on account of the use of any patented materials, equipment, devices, or processes, and all costs of defense and attorneys’ fees incurred therein by any of the foregoing indemnified persons.
6.8 Safety
6.8.1 CONTRACTOR shall take all necessary precautions for the safety of its employees and shall comply with all applicable Laws and Regulations pertaining to occupational safety and health at the project site.
CONTRACTOR shall also cause its Subcontractors and agents to comply with all applicable Laws and Regulations pertaining to occupational safety and health at the project site. Notwithstanding anything in this Agreement to the contrary, CONTRACTOR, and not OWNER, or the Construction Manager is responsible for overall project site safety, including, but limited to, the safety of their respective C-14
employees, agents, and representatives, and the employees, agents, and representatives of their respective Subcontractors and Suppliers and any other persons for whose acts CONTRACTOR may be liable. CONTRACTOR is solely responsible for all construction means, methods, techniques, and procedures and for the adequacy of all safety precautions associated with the Work
6.8.2 The right of OWNER to conduct construction review or inspection of CONTRACTOR’s performance is not intended to include review or inspection of the adequacy of CONTRACTOR’s safety measures in, on, or near the site.
6.8.3 Before any work at the site is started, CONTRACTOR shall have prepared a written plan for projectspecific safety precautions and programs, complete with respect to procedures and actions that the CONTRACTOR intends CONTRACTOR’s personnel and all parties and individuals that will be on the Work site to follow in order for CONTRACTOR and all others to comply with all applicable Laws and Regulations. CONTRACTOR’s plan for safety precautions and programs shall have been approved and endorsed by CONTRACTOR’s designated safety representative.
6.8.4 CONTRACTOR shall revise their plan for safety precautions and programs at appropriate times to reflect changes in construction conditions, the Work, CONTRACTOR’s means, methods, techniques, sequences and procedures of construction. CONTRACTOR shall disseminate the original plan and revisions to all parties and individuals that will be on the Work site.
6.8.5 CONTRACTOR’s plan for safety precautions and programs will not require more stringent safety requirements, training or other qualifications for all others, than CONTRACTOR sets forth for comparable activity and responsibility of CONTRACTOR, Subcontractors, and Suppliers and their respective employees.
6.9 Emergencies
In emergencies affecting the safety or protection of persons or the Work or property at or adjacent to the site, CONTRACTOR, without special instruction or authorization from OWNER, is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give OWNER prompt written notice if CONTRACTOR believes that any significant changes in the Work have resulted because of the action taken in response to an emergency. If the emergency was not due to the fault or negligence of CONTRACTOR or any Subcontractor, any Supplier, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them may be liable, and OWNER determines that changes are required, OWNER shall authorize the changes by Change Order.
6.10 Concerning Subcontractors, Suppliers, and Others
6.10.1 CONTRACTOR shall not award work to Subcontractors in excess of seventy (70) percent of the Contract Price without prior written approval of OWNER. Except as provided by law, CONTRACTOR shall not employ any Subcontractor, Supplier, or other person or organization (including but not limited to those who are to furnish the principal items of materials or equipment), whether initially or as a substitute, against whom OWNER may have reasonable objection.
6.10.2 CONTRACTOR shall give prompt written notice to OWNER as to the identity and qualifications of any Subcontractor, Supplier, or other person or organization to whom CONTRACTOR intends to award work, and of CONTRACTOR’s intent to remove or replace a Subcontractor, Supplier, or other person.
6.10.3 CONTRACTOR shall be fully responsible for all acts and omissions of their Subcontractors and Suppliers and of persons and organizations directly or indirectly employed by them. Nothing in the Contract Documents shall create any contractual relationship between OWNER or the Construction Manager and any Subcontractor or Supplier or other person or organization having a subagreement with CONTRACTOR, nor shall it create any obligation on the part of OWNER or the Construction Manager to pay or to see to the payment due any Subcontractor, Supplier, or other person or organization, except as may otherwise be required by law. OWNER may furnish to any Subcontractor, Supplier, or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specific work done. No Subcontractor, Supplier, or other person or organization shall be a third party beneficiary of this Agreement.
6.10.4 All work performed for CONTRACTOR by a Subcontractor, Supplier or other person or organization will be in accordance with an appropriate subagreement between CONTRACTOR and the Subcontractor, Supplier, or other person or organization which specifically binds the Subcontractor, Supplier, or other person or organization to the applicable terms and conditions of the Contract Documents for the benefit of OWNER.
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6.10.5 If requested in writing by OWNER, CONTRACTOR shall deliver to OWNER an unpriced copy of each subagreement with a Subcontractor, Supplier, or other person or organization performing a part of the work within seven (7) days of OWNER’s request.
6.11 Assignment
6.11.1 The performance of the Agreement may not be assigned, except upon the written consent of OWNER.
Consent will not be given to any proposed assignment that would relieve the original CONTRACTOR or their surety of their responsibilities under the Agreement nor will OWNER consent to any assignment of a part of the Work.
6.11.2 Upon obtaining a prior written consent of OWNER, CONTRACTOR may assign monies due or to become due them under the Agreement, to the extent permitted by law, but any assignment of monies shall be subject to all proper setoffs in favor of OWNER and to all deductions provided for in the Contract Documents, and particularly all monies withheld, whether assigned or not, shall be subject to being applied by OWNER for the completion of the Work in the event that CONTRACTOR should be in default.
6.11.3 No assignment of this Agreement will be approved unless it shall contain a provision that the funds to be paid to the assignee under the assignment are subject to a prior lien for services rendered or materials supplied for performance of the Work in favor of all persons, firms, or corporations rendering such services or supplying such materials, and that OWNER may withhold funds due until the Work is completed to OWNER’s satisfaction.
6.12 Time for Completion and Forfeiture Due to Delay
6.12.1 CONTRACTOR shall complete the Work and any designated portion of the Work within the Contract Time(s) set forth in the Agreement. Time is of the essence of this Agreement.
6.12.1.1 6.12.1.2
The Contract Time will commence on the date specified in the Notice to Proceed. The Contract Time allowed from the Notice to Proceed date to Substantial Completion is FOURTY FIVE (45) working days for each project site with Jefferson Park designated as the first and main priority for completion. A second Notice to Proceed for the Stiern Park location shall be issued during or upon completion of the Jefferson Park location but will not commence no later than May 17,2025.
A special event has been scheduled at Jefferson Park for May 17, 2025. The prefabricated restroom building shall be completed, installed, and fully operational prior to this public event.
The Contractor shall consider Jefferson Park portion of the project a priority and focus on completing all site preparations, final utility connections and final approvals from the City of Bakersfield Building Department.
6.12.2 If CONTRACTOR fails to attain Substantial Completion of the Work or specified part of the Work within the Contract Time, including any extensions granted by OWNER, CONTRACTOR is in default. In accordance with Government Code 53069.85, CONTRACTOR agrees to forfeit and pay OWNER the amount per day set forth in these General Conditions for each and every day of delay. It is agreed that the specified daily sum is to be paid, not as a penalty, but as liquidated damages to compensate OWNER for increased administrative and engineering costs and other tangible and intangible costs. Such damages may, at OWNER’s option, be deducted from monies held by them which are payable to CONTRACTOR.
6.12.2.1 CONTRACTOR will be liable for liquidated damages for each unexcused calendar day of delay beyond the Contract Time allowed for achieving Substantial Completion. Liquidated damages will be assessed in the amount of ONE THOUSAND DOLLARS ($1,000) per each unexcused calendar day of delay.
6.12.3 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 CONTRACTOR (including but not restricted to acts of God or of the public enemy, acts of the government, acts of OWNER, or acts of another contractor in the performance of a contract with OWNER, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather). Any such delays shall not entitle CONTRACTOR to any additional compensation. The sole remedy of CONTRACTOR shall be an extension of time obtained in accordance with Section 11 of the General Conditions.
6.12.4 CONTRACTOR shall, within seven (7) days from the beginning of any such delay, notify OWNER in writing of the cause of delay. OWNER shall ascertain the facts and extent of the delay and extend the time for completing the Work if, in their judgment, the findings of fact justify such an extension. OWNER’s findings of facts shall be final and conclusive.
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6.13 Prevailing Wage
6.13.1 Pursuant to Part 7 of Division 2 of the California Labor Code (Section 1720 et seq.), the Contractor shall not pay less than the prevailing rate of wages to workers on this project as determined by the Director of California Department of Industrial Relations. The Director’s schedule of prevailing rates is on file and open for inspection at the City of Bakersfield, Department of Public Works, 1501 Truxtun Avenue, Bakersfield, California. A copy of such wage rates shall be posted on the site by CONTRACTOR.
Effective March 1, 2015, all prime contractors and sub-contractors must have a current registration with the Department of Industrial Relations at the time bids are received and throughout the duration of the project. If a prime contractor is not registered at the time bids are received their bid will be deemed non responsive. If a sub-contractor is not registered at the time bids are received, they must be registered within 24 hours of the bid opening, otherwise their bid will be deemed non-responsive. In the case that a sub-contractor’s bid is deemed non-responsive, the prime contractor shall substitute that subcontractor with a responsive and responsible registered subcontractor per Section 4107 of the Public Contract Code.
For more information please go to the DIR website at https://www.dir.ca.gov/PublicWorks/PublicWorksLawsRegsDetDec.html. To register with Department of Industrial Relations please go to the following website: https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm.
Effective immediately, the prime contractor shall post job site notices prescribed by California Code of Regulations, Title 8 Section 16541 (d).
SB 854 Notice Requirements:
• No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
• No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.
• This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
6.13.2 CONTRACTOR shall comply with Labor Code Section 1775. In accordance with said Section 1775, CONTRACTOR shall forfeit as a penalty to OWNER, $50 for each calendar day or portion of a day for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed for any work done under the contract by them or by any Subcontractor under them in violation of the provisions of the Labor Code, and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between the stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion of a day for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by CONTRACTOR.
6.14 Travel and Subsistence Payments
Each worker needed to execute the Work must be paid travel and subsistence payments as defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
6.15 Apprentices
6.15.1 CONTRACTOR and any Subcontractor under them shall comply with the requirements of Sections 1777.5 and 1777.6 of the Labor Code in the employment of apprentices.
6.15.2 Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
6.15.3 Willful violations of Section 1777.5 will result in monetary forfeiture for each calendar day of noncompliance pursuant to Section 1777.7.
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6.16 Payroll Records
CONTRACTOR and each of their Subcontractors shall keep an accurate payroll record, 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 them in connection with the Work. Such records shall be certified and shall be made available for inspection or furnished to each employee or their authorized representative, to OWNER, to the Division of Labor Standards Enforcement and to the Division of Apprenticeship Standards of the Department of Industrial Relations. These records shall also be made available to the public upon request, provided such request is made through OWNER, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement.
6.17 Conformity with Contract Documents and Allowable Deviations
6.17.1 The work shall conform to the lines, grades, dimensions, tolerances, and material and equipment requirements shown on the Drawings or set forth in the Specifications. Although measurement, sampling, and testing may be considered evidence as to such conformity, OWNER shall be the sole judge as to whether work or materials deviate from the Drawings and Specifications, and their decision as to any allowable deviations shall be final.
6.17.2 Except as otherwise provided in the Contract Documents, all materials and equipment shall be installed, used and cleaned in accordance with the manufacturer’s and Supplier’s instructions.
6.17.3 If specific lines, grades, and dimensions are not shown on plans, those furnished by OWNER shall govern.
6.18 Disputed Work
If there is a disagreement between OWNER and CONTRACTOR as to the interpretation of the Contract Documents and the disagreement becomes a dispute between OWNER and CONTRACTOR as to liability for work required, OWNER may direct CONTRACTOR to proceed with the work and accept payment in an amount as later agreed upon or as may be fixed in a court of law. In proceeding under protest, CONTRACTOR shall keep accurate records of their costs on the disputed portion of the Work and shall submit each day to OWNER a daily summary of the hours and classification of equipment and labor used on the disputed portion of the Work, as well as a summary of any materials or any specialized services that are used. Failure to submit this information to OWNER in the required manner shall result in any discrepancy between OWNER’s and CONTRACTOR’s records being resolved in favor of OWNER’s records. CONTRACTOR is cautioned that when proceeding under the provisions of this paragraph, they are not working on an approved “time and material” basis.
6.19 Public Convenience and Safety
6.19.1 CONTRACTOR shall so conduct their operations as to offer the least possible obstruction and inconvenience to the public or facility operations, and they shall have under construction no greater length or amount of work than can be prosecuted properly with due regard to the convenience and safety of the public.
6.19.2 CONTRACTOR shall provide and maintain such fences, barriers, directional signs, lights, and flaggers as are necessary to give adequate warning to the public at all times of any dangerous conditions to be encountered as a result of the Work and to give directions to the public.
6.20 Taxes
CONTRACTOR shall pay all sales, consumer, use, and other taxes.
6.21 CONTRACTOR Not Agent of OWNER
CONTRACTOR shall perform all work under this Agreement as an independent contractor and shall not be considered an agent of OWNER, nor shall CONTRACTOR’s Subcontractors or Suppliers or employees be considered agents of OWNER. CONTRACTOR and not OWNER shall be solely responsible to any and all Subcontractors and Suppliers and all those employed by them for their costs, expenses, fees and profits, if any, in performing the Work.
6.22 Inspection and Audit
6.22.1 OWNER shall have access to the Work and the right to audit all of CONTRACTOR’s books, ledgers, records, correspondence, instructions, drawings, receipts, vouchers, memoranda, and other documents pertinent to all cost and pricing data used by CONTRACTOR in the determination of CONTRACTOR’s bid for the Work, in pricing, negotiating, or costing work covered by a Change Order or claim, or otherwise relating to the Work, and CONTRACTOR shall preserve and make available at C-18
CONTRACTOR’s office at all reasonable times all such records for a period of five (5) years after the date of the Final Progress Payment.
6.22.2 In the event of termination, the records relating to the Work, or part of it, affected by such termination shall be made available for five (5) years after any resulting final termination settlement. Records pertaining to claims, litigation, or the settlement of claims arising under or relating to the performance of the Work shall be made available until the disposition of such appeals, litigation, or claims.
6.23 Responsibility for Connecting to Existing Service and Utilities At all points where the work constructed by CONTRACTOR connects to existing utilities and services, the actual work of making the necessary connection to the existing service or utility shall be arranged for by CONTRACTOR at no additional expense to OWNER (unless specifically indicated otherwise in the Contract Documents). Services and utilities included under (but not limited to) this responsibility are roads, ditches, electrical, sewer, mechanical utilities, water, fencing, and items of a similar nature. Connections shall be made at a time that will result in the least possible interference with existing services.
6.24 Cutting and Fitting
CONTRACTOR shall be responsible for all cutting of masonry and other materials, and all fitting, drilling, or patching which may be necessary to complete the Work or to make its several parts fit together properly, whether or not such work is expressly specified in the Contract Documents.
6.25 Record Documents
6.25.1 CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Change Orders, field test records, correspondence, daily reports, and written interpretations and clarifications in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and Shop Drawings will be available to OWNER for reference. Upon completion of the Work, these record documents, Samples and Shop Drawings will be delivered to OWNER.
6.25.2 Record documents shall be kept up-to-date. CONTRACTOR shall be required to review with OWNER the status of all record documents in connection with OWNER’s evaluation of each Progress Payment Request. Failure to maintain current record documents shall be just cause to withhold payments for the undocumented work.
6.26 Indemnity
6.26.1 To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend, and hold harmless OWNER, the Construction Manager, Design Engineer and their consultants, and each of their directors, officers, agents, and employees ("Indemnitees") as required in the Agreement.
6.27 Project Meetings
CONTRACTOR along with appropriate Subcontractors shall attend all project meetings requested by OWNER for the purpose of discussing and resolving matters concerning the various elements of the Work. Representatives attending such meetings shall have the authority to make binding decisions regarding any subject consistent with the stated purpose of the meeting. If CONTRACTOR and/or their Subcontractors fail to attend a scheduled meeting, OWNER may deduct from progress payments or retainage the costs of OWNER, the Construction Manager, and other representatives attending the meeting.
6.28 Continuing the Work
CONTRACTOR shall carry on the Work and maintain the Progress Schedule during all disputes or disagreements with OWNER. No work shall be delayed or postponed pending resolution of any disputes or disagreements, except as CONTRACTOR and OWNER may otherwise agree in writing. Suspension of the Work by CONTRACTOR during any dispute or disagreement with OWNER shall entitle OWNER to terminate the CONTRACT for breach, except as otherwise provided in Section 15 of the General Conditions.
6.29 Progress of the Work
If OWNER determines that CONTRACTOR is failing to maintain progress of the Work in accordance with the Progress Schedule and Contract Documents, CONTRACTOR shall take steps as may be necessary to improve their progress, and OWNER may require them to increase their work force, or hours, or days of work, or the amount of construction plant or all of them, and to submit to OWNER for approval such supplementary schedules as may be deemed necessary to demonstrate the manner in which the required progress will be regained and maintained, all without additional cost to OWNER.
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6.30 Quality of Materials and Equipment
All equipment, materials, and supplies to be incorporated in the Work shall be new, unless otherwise specified.
When the quality of a material, process, or article is not specifically set forth in the Drawings and Specifications, the best available quality of the material, process, or article shall be provided.
6.31 Advance Notification
6.31.1 At least two (2) working days prior to start of construction and prior to any operations involving existing OWNER facilities, CONTRACTOR shall notify OWNER.
6.31.2 CONTRACTOR, except in an emergency, shall contact the appropriate regional notification center at least two (2) working days prior to commencing any excavation if the excavation will be conducted in an area that is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by OWNER, and obtain an inquiry identification number from that notification center. No excavation shall begin unless such an inquiry identification number has been assigned to CONTRACTOR or any Subcontractor of CONTRACTOR and OWNER has been given the identification number by CONTRACTOR.
6.31.3 It will be CONTRACTOR’s responsibility to determine and notify those agencies requiring advance notification for inspection or other purposes before beginning construction in any jurisdictional area of any agency. A minimum of two (2) working days notice shall be given to those agencies before construction in the area unless specific advanced times and requirements are stated in the Contract Documents or related permits.
6.31.4 At least one (1) week before the start of construction, notification shall be given to police and fire departments under whose jurisdiction the Work lies, giving the expected starting and completion dates and the name and telephone number of CONTRACTOR’s field representative who may be contacted on a twenty-four (24) hour basis in the event of a condition requiring immediate correction.
6.32 Construction Power and Water
6.32.1 Unless otherwise specified in the General Requirements and/or Supplementary Conditions, CONTRACTOR shall make arrangements for developing water sources and shall supply all labor and equipment to collect, load, transport, and apply water as necessary for compaction of materials, concrete construction operations, testing, dust control, and other construction use.
6.32.2 Unless otherwise specified in the General Requirements and/or Supplementary Conditions, CONTRACTOR shall provide for the purchase of power or provide portable power for the Work. If necessary, CONTRACTOR shall arrange and pay for the extension of utility lines to the point of usage.
6.33 Dust and Smoke Control
6.33.1 No operation shall be conducted that will emit into the atmosphere any flying dust, dirt, smoke, or other emission that that might constitute a nuisance.
6.33.2 Dust control operations shall be performed to prevent construction operations from producing dust in amounts harmful to, or causing a nuisance to, persons living nearby or occupying buildings in the vicinity of the Work. The use of water to clean streets will not be permitted in areas where earth shoulders will result in muddy public streets; other mechanical cleaning will be required in such areas.
6.33.3 Dry materials and rubbish shall be wet down to prevent blowing dust.
6.33.4 Excavated material leaving the site, or material being imported, shall be covered or wet down to prevent excessive dust from being created.
6.34 Excavation Plans for Worker Protection
6.34.1 CONTRACTOR shall submit to OWNER, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during excavation. The plan shall be prepared by a California registered civil or structural engineer. As a part of the plan, a note shall be included stating that the registered civil or structural engineer certifies that the plan complies with the CAL-OSHA Construction Safety Orders, or stating that the registered civil or structural engineer certifies that the plan is not less effective than the shoring, bracing, sloping, or other provisions of the safety orders.
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6.34.2 All shoring submittals shall include surcharge loads from adjacent embankments, construction loads and spoil bank. The submittal shall indicate the minimum horizontal distance from the top of trench to the edge of all surcharge loads for all cases of shoring and side slopes.
6.34.3 The plan will not be accepted if it is based on subsurface conditions which are more favorable than those revealed by the investigations made by OWNER or their consultants; nor will the plan be accepted if it is based on soils-related design criteria that are less restrictive than the criteria set forth in the report on the investigations of subsurface conditions.
6.34.4 Nothing contained in this paragraph shall be construed as relieving CONTRACTOR of the full responsibility for providing shoring, bracing, sloping, or other provisions which are adequate for worker protection.
6.35 Construction Dewatering, Erosion Control, Stormwater Discharge
6.35.1 If dewatering is necessary, CONTRACTOR must comply with all requirements for establishing, operating, and monitoring a construction dewatering program. This program must meet all requirements of the California Regional Water Quality Control Board, the latest revision of the NPDES permit as required by law and any additional conditions stated in the General Requirements and/or Supplementary Conditions.
6.35.2 CONTRACTOR shall employ methods and approved devices for the control of erosion and stormwater runoff within the Work area. All work must meet the requirements of the California Regional Water Quality Control Board and any additional conditions as stated in the General Requirements and/or Supplementary Conditions.
6.36 Substantial Completion
6.36.1 When CONTRACTOR considers the entire Work or specified part of the Work has progressed to the point where it is substantially complete, CONTRACTOR shall, in writing to OWNER, certify the Work is substantially complete, submit to OWNER record documents required by the contract, and request that OWNER issue a Certificate of Substantial Completion. Within a reasonable time, CONTRACTOR and OWNER shall make an inspection of the Work to determine the status of completion. If OWNER does not consider the Work, or any specified part of the Work, substantially complete, OWNER will notify CONTRACTOR of the reasons in writing. CONTRACTOR shall then accomplish the requisite work and then recertify that the entire Work, or any specified part, is substantially complete. If OWNER considers the Work, or specified part, substantially complete, OWNER will prepare and deliver to CONTRACTOR a certificate which shall fix the date of Substantial Completion. There shall be attached to the certificate a list of items, which should be minor in scope and nature, to be completed or corrected before Final Progress Payment. Until Final Progress Payment or use by OWNER, CONTRACTOR shall continue to be responsible for maintaining the Work.
6.36.2 OWNER shall have the right to exclude CONTRACTOR from the Work, or specified part, after the date of Substantial Completion, but OWNER will allow CONTRACTOR reasonable access to complete or correct items on the list attached to the certificate of Substantial Completion.
6.37 Final Inspection
Upon written notice from CONTRACTOR that minor items described in the list attached to the certificate of Substantial Completion have been completed, OWNER will make a final inspection with CONTRACTOR and will notify CONTRACTOR in writing of the results of this inspection as to the items of the Work that appear to be incomplete, nonconforming, or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies.
6.38 CONTRACTOR’s Continuing Obligation
CONTRACTOR’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither any progress or Final Progress Payment by OWNER, nor the issuance of a Certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR nor any partial utilization by OWNER nor any act of acceptance by OWNER or the Construction Manager nor any failure to do so, nor any review and approval of the Shop Drawings or samples, nor any review of a Progress Schedule, nor any statement of acceptability by OWNER or the Construction Manager, nor any correction of defective work by OWNER will constitute an acceptance of work not in accordance with the Contract Documents or a release of CONTRACTOR’s obligation to perform the Work in accordance with the Contract Documents except as provided in a waiver of claims at the time of making and acceptance of the Final Progress Payment.
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6.39 Cleaning During Construction and Final Cleanup
6.39.1 During execution of work, the site, adjacent properties, and public areas shall be cleaned daily and waste materials, debris, and rubbish disposed of to assure that buildings, grounds, and public properties are maintained free from accumulations of waste materials and rubbish. CONTRACTOR shall provide containers for collection and disposal of waste materials, debris, and rubbish.
6.39.2 Grease, dust, dirt, stains, labels, fingerprints, and other foreign materials shall be removed from exposed and semi-exposed surfaces. Marred surfaces shall be repaired, patched, and touched-up to specified finish to match adjacent surfaces.
6.39.3 Upon completion and before making application for Substantial Completion or final inspection of the Work, CONTRACTOR shall clean all right-of-ways, streets, borrow pits, and all other grounds occupied by them in connection with the Work of all rubbish, excess materials, temporary structures, and equipment. All parts of the Work and ground occupied by CONTRACTOR shall be left in a neat and presentable condition and returned to original grade unless otherwise specified.
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SECTION 7 OTHER WORK
7.1 Cooperation with Other Work
7.1.1 Nothing in the Contract Documents shall be interpreted as granting to CONTRACTOR exclusive occupancy of the site of the Work. CONTRACTOR must ascertain to their own satisfaction the scope of the project and the nature of any other contracts that have been or may be awarded by OWNER in the construction of the project, to the end that CONTRACTOR may perform work in the area of such other contracts, if any.
7.1.2 CONTRACTOR shall schedule their work and cooperate with all other forces working in the area so that all improvements in the project area may be installed in a logical, professional manner.
7.1.3 CONTRACTOR shall take due precautions to protect all improvements placed by others in the vicinity of their operations.
7.1.4 CONTRACTOR shall restrict operations of stockpiling material, equipment, spoil, etc., to within the easements, street right-of-way, or other designated areas as shown on the plans.
7.1.5 CONTRACTOR shall not cause any unnecessary hindrance or delay to any other contractor working in the area. CONTRACTOR shall coordinate with OWNER as necessary to avoid interference with OWNER’s work by others.
7.1.6 If through acts or neglect on the part of CONTRACTOR, any other contractor or subcontractor shall suffer loss or damage to their work, CONTRACTOR agrees to settle with such other contractor or subcontractor by agreement or arbitration, if such other contractor or subcontractor will so settle. If such other contractor or subcontractor shall assert any claim against OWNER, the Construction Manager, or their consultants on account of any damage alleged to have been so sustained, OWNER shall notify CONTRACTOR who shall hold harmless, indemnify and defend OWNER, the Construction Manager, and their consultants, and each of their officers, directors, employees, and agents against any such claim, liability, demands, damages, or costs, including attorney’s fees and any other costs incurred by the indemnified parties relative to any such claim, provided, however, that the foregoing shall not relieve any indemnified party from liability to the extent that such liability arises from such parties’ active negligence.
7.2 Access By Others
The right is reserved for governmental agencies and owners of utilities to enter at any time upon any street, alley, right-of-way, or easement for the purpose of making changes in their property made necessary by the Work and for the purpose of maintaining and making repairs to their property.
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SECTION 8 OWNER’S RESPONSIBILITIES
8.1 Authority of the Construction Manager
8.1.1 OWNER will designate the Construction Manager prior to issuing the Notice to Proceed. The Construction Manager will decide any and all questions that may arise as to the interpretation of the Drawings and Specifications, and will have the authority to disapprove or reject materials and equipment furnished and work performed which, in their opinion, is not in accordance with the Contract Documents.
Written clarifications and interpretation will be binding on OWNER and CONTRACTOR. The Construction Manager may be represented at the Work by their authorized assistants.
8.1.2 The Construction Manager may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the Work as a functioning whole as indicated by the Contract Documents. These may be accomplished in writing and will be binding on OWNER and also on CONTRACTOR who shall perform the work involved promptly.
8.1.3 The Construction Manager will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the work performed. Claims, disputes and other matters relating to the acceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the work and claims under Section 11 of the General Conditions in respect of changes in the Contract Price or Contract Times will be referred initially to the Construction Manager in writing with a request for a formal decision.
8.1.4 The administration, inspection, assistance, and actions by OWNER and the Construction Manager shall not be construed as supervisory control of the Work nor of means and methods employed by CONTRACTOR and shall not relieve CONTRACTOR from its responsibilities and obligations under the Agreement. CONTRACTOR shall not request, nor require the Construction Manager to undertake such supervisory control to administrate, to supervise, to inspect, to assist, or to act in a manner so as to relieve CONTRACTOR of their responsibilities and obligations. The presence of the Construction Manager shall in no way relieve CONTRACTOR of their obligation to conform to OWNER, local, state, and federal regulations.
8.2 Drawings and Supplemental Drawings
The Drawings shall be supplemented by such drawings as are necessary to define the Work adequately. All such drawings delivered to CONTRACTOR by the Construction Manager shall be deemed written instructions to CONTRACTOR.
8.3 Copies of Documents
OWNER, upon request by the CONTRACTOR, shall furnish to CONTRACTOR five (5) full size copies and five (5) half size copies of the Contract Documents free of charge. Up to five (5) copies of change information will be provided during the course of the Work. CONTRACTOR will be responsible for preparing additional copies.
8.4 OWNER Communications and Access
8.4.1 OWNER shall generally issue all communications to CONTRACTOR through the Construction Manager.
8.4.2 All approvals and comments by OWNER will be in writing.
8.4.3 OWNER may allow its consultants, agents, attorneys, employees, and others access to site.
CONTRACTOR shall cooperate with OWNER in allowing such access.
8.5 Surveying
OWNER will provide construction survey staking as described in the General Requirements and/or Supplementary Conditions for the project. Work shall not proceed until construction staking has been provided. The cost of restaking after initial staking shall be the responsibility of the CONTRACTOR. CONTRACTOR shall provide construction survey staking as described in the General Requirements and/or Supplementary Conditions for the project. Work shall not proceed until construction staking has been provided. The cost of restaking after initial staking shall be the responsibility of the CONTRACTOR.
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8.6 OWNER’s Right to Carry Out the Work
8.6.1 If CONTRACTOR defaults or fails, within a reasonable time after written notice by OWNER, to correct defective or nonconforming work or to remove and replace rejected work as required by OWNER, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including any requirements of the Progress Schedule), OWNER may, after seven (7) days written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising their rights under this paragraph, OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work and suspend CONTRACTOR’s related services, and in such event OWNER may, without liability for so doing, take temporary possession for use in completing the Work such materials, equipment, and other property belonging to CONTRACTOR that may be on the site of the Work and are needed to secure and incorporate into the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but is stored elsewhere. CONTRACTOR shall allow OWNER, the Construction Manager, and their agents and employees access to the site as may be necessary to enable OWNER to exercise their rights under this paragraph. All direct and indirect costs of OWNER in exercising such rights shall be charged against CONTRACTOR in an amount documented by OWNER, and a Change Order shall be issued incorporating the necessary revisions to the Contract Documents and a reduction in Contract Price.
8.6.2 If such costs exceed the unpaid balance of the Contract Price, CONTRACTOR shall pay the difference to OWNER promptly upon demand; on failure of CONTRACTOR to pay, the surety shall pay on demand by OWNER. Any portion of such difference not paid by CONTRACTOR or surety within thirty (30) days following the mailing of a demand for such costs by OWNER shall earn interest at the maximum rate authorized by California law.
8.7 OWNER May Stop the Work
8.7.1 If the Work is defective and CONTRACTOR has been notified by OWNER, or if CONTRACTOR fails to furnish or perform the Work in such a way that the completed work will conform to the Contract Documents, or if CONTRACTOR fails to supply sufficient supervisory personnel or skilled workers or suitable materials or equipment, or if CONTRACTOR has failed to correct any breach or violation of this Agreement after written notification, or if CONTRACTOR fails to obtain, maintain, or renew insurance required by the Contract Documents in a form acceptable to OWNER, or if any insurance company CONTRACTOR has obtained insurance from declares bankruptcy or is declared bankrupt, OWNER may order CONTRACTOR to stop the Work, or any portion of the Work, until the cause for the order has been eliminated. This right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party and shall not be construed as an assumption by OWNER of supervisory control of the Work. CONTRACTOR shall bear all direct, indirect, and consequential costs of the order to stop the Work, including but not limited to fees and charges of engineers, attorneys, and other professionals, any additional expenses incurred by OWNER due to delays to others performing work under a separate contract with OWNER, and other obligations, and CONTRACTOR shall further bear the responsibility for maintaining the Progress Schedule and shall not be entitled to any extension of the Contract Time or increase in the Contract Price.
8.7.2 If such costs exceed the unpaid balance of the Contract Price, CONTRACTOR shall pay the difference to OWNER promptly upon demand; on failure of CONTRACTOR to pay, the surety shall pay on demand by OWNER. Any portion of such difference not paid by CONTRACTOR or surety within thirty (30) days following the mailing of a demand for such costs by OWNER shall earn interest at the maximum rate authorized by California law.
8.8 OWNER Removal of Personnel
OWNER shall be able to object to and require CONTRACTOR to remove any person employed by CONTRACTOR including supervision and management, (or their Subcontractors) in or about the execution or maintenance of the Work, who in the opinion of OWNER misconduct themselves or is incompetent or negligent in the proper performance of their duties or whose employment is considered by OWNER to be undesirable. Any person so removed shall be at CONTRACTOR’s sole expense and shall not be allowed on the site for any reason without OWNER’s written consent.
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8.9 Use of Completed Portions
8.9.1 When the Work or any portion of it is sufficiently complete to be used or placed into service, OWNER shall have the right upon written notification to CONTRACTOR to utilize such portions of the Work and to place the operable portions into service and to operate same.
8.9.2 Upon said notice and commencement of use or operation by OWNER, CONTRACTOR shall be relieved of the duty of maintaining the portions so used or placed into operation; provided, however, that nothing in this section shall be construed as relieving CONTRACTOR of the full responsibility for completing the Work in its entirety, for making good defective work and materials, for protecting the Work from damage, and for being responsible for damage and for the Work as set forth in the Contract Documents, nor shall such action by OWNER be deemed completion and acceptance, and such action shall not relieve CONTRACTOR, their sureties or insurers of the provisions in the Contract Documents on guarantees, indemnity, and CONTRACTOR’s insurance.
8.10 Asbestos, PCB’s, Petroleum, Hazardous Waste or Radioactive Material
8.10.1 OWNER shall be responsible for any asbestos, PCB’s, petroleum, hazardous waste, or radioactive material uncovered or revealed at the site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed in connection with the work at the site.
OWNER shall not be responsible for any such material brought to the site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for which CONTRACTOR is responsible.
8.10.2 CONTRACTOR shall immediately stop all work in connection with such hazardous condition and in any affected area, except in case of an emergency, and notify OWNER and then confirm the notice in writing, of any material that CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law. CONTRACTOR shall not be required to resume work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related to the condition and has delivered to CONTRACTOR special written notice specifying that such condition and any affected area has been rendered safe for the resumption of work or specifying any special conditions under which such work may be resumed safely.
8.10.3 If after receipt of such special written notice CONTRACTOR does not agree to resume such work based on a reasonable belief that it is unsafe, or does not agree to resume that work under such special conditions, then OWNER may order such portion of the Work that is in connection with such hazardous condition or in such affected area to be deleted from the Work.
8.10.4 To the fullest extent permitted by the Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, Engineer, the Construction Manager, and their consultants and the officers, directors, employees, agents, and other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages arising out of or resulting from such hazardous condition, provided that: (1) any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including loss of use, and (2) nothing in this subparagraph shall obligate OWNER to indemnify any person or entity from and against the consequences of that person’s or entity’s own negligence.
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SECTION 9 SHOP DRAWINGS AND SAMPLES
9.1 General
9.1.1 CONTRACTOR shall submit shop drawings to OWNER for review and approval in accordance with the General Requirements and/or Supplementary Conditions and the Schedule of Submittals. All submittals will be identified as OWNER may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show OWNER the materials and equipment CONTRACTOR proposes to provide and to enable OWNER to review the information for the limited purposes required by this section.
9.1.2 CONTRACTOR shall also submit samples to OWNER for review and approval in accordance with the accepted Schedule of Submittals. Each sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as OWNER may require to enable OWNER to review the submittal for the limited purposes required by this section. At least two of each sample shall be submitted unless otherwise specified in the General Requirements and/or Supplementary Conditions.
9.1.3 Handling of shop drawings and samples by OWNER will be as described in the General Requirements and/or Supplementary Conditions.
9.2 Shop Drawing and Sample Submission Procedures
9.2.1 Before submitting each Shop Drawing or sample, CONTRACTOR shall have determined and verified:
9.2.1.1 All field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information
9.2.1.2 All materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work
9.2.1.3 All information relative to CONTRACTOR’s means, methods, techniques, sequences and procedures of construction, and safety precautions and programs
9.2.2 CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents.
9.2.3 Each Shop Drawing and sample submission will bear a stamp or specific written indication that CONTRACTOR has satisfied their obligations under the Contract Documents with respect to their review and approval of that submission.
9.2.4 At the time of each submission, CONTRACTOR shall give OWNER specific written notice of such variations, if any, that the Shop Drawing or sample submitted may have from the requirements of the Contract Documents. Such notice shall be in a written communication separate from the submittal.
CONTRACTOR shall also cause a specific of notation of each such variation to be made on each Shop Drawing and sample submitted to OWNER for review and approval.
9.2.5 OWNER will review and approve or disapprove or return as incomplete Shop Drawings and Samples.
OWNER’s review and approval or disapproval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed project as a functioning whole as indicated by the Contract Documents. OWNER’s review and approval or disapproval will not extend to means, methods, techniques, sequences, or procedures of construction, except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents, or to related safety precautions or programs. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by OWNER, and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by OWNER on previous submittals.
9.2.6 OWNER’s review and approval of Shop Drawings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called OWNER’s attention to each such variation at the time of submission as required by subparagraph 9.2.4 and OWNER has given written approval of each such variation by a specific written C-27
notation incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by OWNER relieve CONTRACTOR from responsibility for complying with the requirements of this section.
9.2.7 No portion of the Work requiring a Shop Drawing submittal shall be started until the submittal has been reviewed by OWNER and returned to CONTRACTOR with a notation indicating that resubmittal is not required.
9.2.8 OWNER shall review the initial submittal of Shop Drawings and Sample submissions and one resubmittal without cost to CONTRACTOR. The cost of review of multiple resubmittals shall be charged to CONTRACTOR.
9.3 Substitutions
9.3.1 Whenever materials or equipment are specified or described in the Drawings or Specifications by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, the name shall be deemed to be followed by the words “or approved equivalent” and materials or equipment of other suppliers may be accepted by OWNER if sufficient information is submitted by CONTRACTOR to allow OWNER to determine that the material or equipment proposed is equivalent to that named.
9.3.2 Requests for review of substitute items of material and equipment will not be accepted by OWNER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to OWNER for acceptance of the substitute, certifying that the proposed item will perform adequately the functions called for by the general design, be similar and of equal substance to that specified, and be suited to the same use and capable of performing the same function as that specified. The application shall state whether or not acceptance of the substitute for use in the Work will require a change in the drawings or specifications to adapt the design to the substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance, repair, and replacement service shall be indicated. The application shall also contain an itemized estimate of all increases or decreases in (1) the cost of, or the time required to perform any part of the Work, and the corresponding adjustments in the Contract Price and the Contract Time, resulting directly or indirectly from evaluation and acceptance of the proposed substitute, including, but not as a way of limitation, costs and delays associated with redesign, or claims of other contractors affected by the resulting substitute; and (2) increases or decreases in operating, maintenance, repair, replacement, or spare part costs, all of which will be considered by OWNER in evaluating the proposed substitute.
OWNER may require CONTRACTOR to furnish, at CONTRACTOR’s expense, additional data about the proposed substitute. OWNER’s may charge the CONTRACTOR for the cost of the review by the OWNER’s personnel, Design Engineer, Construction Manager and/or other subconsultants the OWNER may use to evaluate a substitution.
9.3.3 OWNER shall be the sole judge of acceptability, and no substitute shall be ordered or installed without OWNER’s prior written acceptance.
9.3.4 CONTRACTOR assumes sole responsibility for verifying that the proposed substitute items are in accordance with the requirements of the Contract Documents, and that the dimensions, arrangement, design and construction details, and all other features of substitute items are suitable for their intended purpose.
9.3.5 In the event that a substitute item differs materially from the specified item of material or equipment, and said difference was not expressly identified in CONTRACTOR’s request for the substitution, or the incorporation of the substitute into the Work results in a change(s) to the Work or in the function or general design of the project, which was not expressly identified in CONTRACTOR’s request for the substitution, OWNER may require the removal and replacement of the substitute at CONTRACTOR’s sole expense.
9.3.6 CONTRACTOR may only request substitutions of equivalent items after the award of the contract.
CONTRACTOR must submit data substantiating the substitution request in the allowed time stated in the bid form. Under no circumstances shall CONTRACTOR be entitled to an increase in Contract Time as a result of the submission or review of a substitution request.
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SECTION 10 CHANGES IN THE WORK
10.1 Changes in the Work
10.1.1 Without invalidating the Agreement and without notice of any surety, OWNER may, at any time, by duly executed Change Order or Change Request, order changes consisting of additions, deletions, or other revisions in the Work. Upon receipt of that order, CONTRACTOR shall promptly proceed or continue with the work involved. All such work shall be executed under the applicable conditions of the Contract Documents. If a change under this section causes an increase or decrease in the Contract Price or any extension or shortening of the Contract Time, OWNER will make an adjustment as provided in Section 11 of the General Conditions.
10.1.2 OWNER may present to CONTRACTOR an unsigned Change Request requesting that CONTRACTOR submit a proposal for an adjustment in the Contract Price or the Contract Time for a proposed change in the Work. CONTRACTOR shall submit a proposed adjustment with all supporting data in accordance with Section 11 of the General Conditions and the directions given in the Change Request within fourteen (14) days of receipt. The proposed adjustment shall include an itemized estimate of all costs and time for the performance that will result directly or indirectly from the changes described. Estimates shall be presented in sufficient detail and with documentation such that OWNER can (1) analyze all material, labor, equipment, subcontract, overhead costs and fees, and any other costs covering all aspects of the work involved in the change, whether such was added, deleted, changed, or impacted; (2) determine that the proposal reflects all impacts on the Work of the proposed change; and (3) establish that all provisions of the Contract Document have been complied with. Any amount claimed for Subcontractors or Suppliers shall be similarly supported.
10.1.3 OWNER may give instructions that may result in changes in the Work not involving an adjustment in the Contract Price or the Contract Time when such changes are necessary or expedient to the satisfactory performance and completion of the Work. These instructions shall be binding on CONTRACTOR.
10.1.4 CONTRACTOR shall promptly notify OWNER when an instruction, direction, interpretation, or determination is received from any source or of any action, incident, or delay that may cause any change in the Work. Any instruction, direction, interpretation, or determination from OWNER, the Construction Manager or any other source that causes a change in Contract Price or Contract Time shall be treated as a change under this section provided that CONTRACTOR gives OWNER written notice stating the date, circumstances, specific order, and that CONTRACTOR regards the instruction as a change. Such written notification shall be given to OWNER within seven (7) days after receipt and before CONTRACTOR acts on said instruction, direction, interpretation, or determination. No claim, change, or notice by CONTRACTOR will be allowed if asserted after work has commenced on, or if notice is not provided within the stated time limit provided after receipt of the instruction, direction, interpretation, or determination from OWNER, the Construction Manager, or any other source.
10.1.5 In making changes under this section, OWNER may give consideration to a notice, proposal, or claim from CONTRACTOR, provided the proposal or claim is presented in accordance with the requirements of this section and Section 11 of the General Conditions. CONTRACTOR shall provide OWNER any additional or supplemental information requested for purposes of evaluation of CONTRACTOR’s submittal, but such requests by OWNER will not constitute acceptance of the notice, proposal, or claim.
10.1.6 It shall be CONTRACTOR’s responsibility to notify the surety of any change affecting the general scope of the Work or change in the Contract Price, and the amount of each applicable bond shall be adjusted accordingly. CONTRACTOR shall furnish proof of such adjustment to OWNER.
10.2 Change Orders and Change Requests
10.2.1 Contract Price or Contract Time shall be changed only by Change Order. The basis for a subsequent change in Contract Price or Contract Time may also be authorized by a Change Request duly executed by OWNER.
10.2.2 A Change Order duly executed by OWNER and CONTRACTOR provides for an all inclusive settlement for all changes, and direct, supplemental, indirect, consequential, and cumulative costs and delays.
CONTRACTOR’s signature represents a waiver of any and all rights to file a claim on account of these changes.
10.2.3 OWNER may use a Change Request to order changes in the Work, provide the basis for a subsequent adjustment in the Contract Price or the Contract Time, or authorize deviations in the Work. Amounts for C-29
work directed by a Change Request shall not be included in Progress Payment Requests until that Change Request has been incorporated into an approved Change Order.
10.2.4 A signed Change Request may be used by OWNER and CONTRACTOR to initiate or direct changes in the Work, or in the Contract Price or the Contract Time. An OWNER signed Change Request is a directive to proceed with the Work. CONTRACTOR shall proceed with the Work directed by a signed Change Request. An OWNER signed Change Request will be the instrument used by the OWNER to direct work on a time and material basis as described in Section 11 of the General Conditions. A Change Order will be issued to incorporate the instruction to proceed with a change determined either on a time and material basis or a negotiated price into the Agreement after the actual cost and/or time of the work has been determined.
10.3 Waivers
10.3.1 No proposal or claim by CONTRACTOR for an adjustment under this section shall be allowed for any costs or delay incurred more than seven (7) days before CONTRACTOR gives written notice, as required.
10.3.2 No proposal or claim by CONTRACTOR for an adjustment under this section shall be allowed if made after the date of Final Progress Payment.
10.3.3 Additional work performed without authorization of a Change Order or properly executed Change Request will not entitle CONTRACTOR to an increase in Contract Price or an extension of Contract Time, except in the case of an emergency.
10.3.4 CONTRACTOR acknowledges that there may be changes during the course of the Work and acknowledges that the probable effect of changes has been accounted for in the development of the Contract Price and Progress Schedule. Whenever CONTRACTOR makes a proposal or claim such proposal or claim shall include the total amount of adjustment in Contract Price and Contract Time to which the CONTRACTOR believes they are entitled. Except as OWNER and CONTRACTOR may otherwise agree in writing, CONTRACTOR shall be deemed to have waived (1) any adjustment to which it might otherwise be entitled where such proposal or claim fails to request such adjustments, (2) any increase in the amount of adjustment additional to that requested in the proposal or claim, and (3) any claim for reimbursement of impact allegedly resulting from the cumulative effect of the number, nature, or extent of any changes.
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SECTION 11 CHANGES IN CONTRACT PRICE OR
CONTRACT TIME
11.1 Changes in Contract Price
The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for all duties, responsibilities, and obligations required to perform the Work. All duties, responsibilities, and obligations assigned or undertaken by CONTRACTOR shall be at their expense without change in the Contract Price except as set out below. Contract Price may only be changed by a Change Order.
11.2 Proposal or Claims Substantiating Adjustments
11.2.1 Supporting data for any proposal or claim by CONTRACTOR shall include at a minimum a complete and detailed breakdown of the proposed price and a detailed explanation of any time impact for the change. The proposed price shall be based on the lowest reasonable cost consistent with sound construction practice. The breakdown shall include itemizations by trade of all labor with labor hours and hourly rates, equipment with hours of use and rates, and material by item with costs, all in sufficient detail to evaluate the cost of the individual components of the work involved, including copies of purchase orders, invoices, and subcontract change orders. CONTRACTOR must prove that additional costs arising out of the events were necessarily incurred despite CONTRACTOR’s reasonable, prudent, and diligent efforts to prevent such costs.
11.2.2 CONTRACTOR’s proposal and claim supporting data shall become due within fourteen (14) days of delivery of the unsigned Change Request or receipt by OWNER of written notice of claim (unless OWNER allows an additional period), and shall remain firm for a period of not less than sixty (60) days from receipt by OWNER of the proposal or supporting data. Any delay in the submittal of a proposal or claim will not justify or constitute basis for an increase in the Contract Price or the Contract Time.
Proposals or claims shall be submitted on forms acceptable to OWNER.
11.2.3 Failure of CONTRACTOR to comply with the time requirements for written notice or for submittal of supporting data shall be considered a waiver by CONTRACTOR of any claim for an addition to the Contract Price or an adjustment to the Contract Time and CONTRACTOR agrees that no additional compensation or time adjustments are due if the provisions of Section 10 of the General Conditions and this section are not complied with.
11.2.4 Where the change in the Contract Price arises from changes in the schedule of all or part of the Work, or where a change in the Contract Time is requested, the proposal shall be based on a detailed analysis of the Progress Schedule, and shall cover all applicable elements affecting the work involved, including, but not limited to, labor crews, craft levels, equipment utilization, work during other than normal working hours, productivity and production rates, shop drawing preparation, submittal and review, material and equipment delivery, and testing and startup times.
11.3 Methods for Determining Adjustments in the Contract Price
11.3.1 The methods to be used to determine an adjustment in the Contract Price required by changes ordered or negotiated according to these general conditions, or work covered by a proposal or a claim, also termed the “work involved,” are limited to the following:
11.3.1.1 Contract Unit Prices: Where the work involved is covered or is of the same character as unit price work, by application of those unit prices to the quantities of the items involved (subject to the provisions covering unit price work). No additional allowances or charges shall be added to these unit prices.
11.3.1.2 Negotiated Unit Prices: Where the work involved is not covered by unit prices contained in the Contract Documents, unit prices may be negotiated on the basis of costs calculated in accordance with this section.
11.3.1.3 Negotiated Lump Sum: By mutual acceptance of a lump sum price negotiated on the basis of CONTRACTOR’s itemized estimate of the anticipated cost of the work involved.
11.3.1.4 Time and Material Work: Where OWNER and CONTRACTOR cannot agree on any of the methods described above, OWNER may direct CONTRACTOR to proceed with the work involved on the basis of actual costs. When work on the basis of actual cost is directed by OWNER, OWNER shall prescribe the required procedures for accounting of the allowed C-31
costs. These procedures shall include daily accounting of the material and equipment used and labor employed. Failure to submit this information for acknowledgment by OWNER within one (1) day after any part of the work is performed shall result in any discrepancy between OWNER’s and CONTRACTOR’s records being resolved in favor of OWNER’s records.
11.3.1.5 Estimated Adjustment: Where OWNER and CONTRACTOR cannot agree on any of the methods described, and OWNER does not wish to proceed on a time and material basis, OWNER shall establish a reasonable adjustment to the Contract Price for the work involved. The adjustment in the Contract Price and the Contract Time will be issued by a signed Change Request, incorporated into the Agreement by Change Order and CONTRACTOR shall be paid on that basis. CONTRACTOR may file a claim if it does not agree with the adjustment.
11.3.1.6 Where the work involved is not covered by any of the preceding methods, and when payment is to be determined by a court of competent jurisdiction or other agreed method of dispute resolution, it is agreed that the actual cost method shall be the appropriate method for determining the cost of the work involved. Payroll, equipment, material, and other costs will only be allowable when determined from daily time sheets which expressly correlate to the work involved, that were prepared while work was in progress, clearly listing actual units and usage, and were submitted to OWNER as the work was performed.
11.3.2 CONTRACTOR shall provide to OWNER, if requested, proof of any burdens, including insurance costs, added to base wages to determine payroll costs described in this section.
11.4 Labor, Installed Material and Equipment, and Subcontract Costs
11.4.1 Payroll costs for craft labor in the direct employ of CONTRACTOR assigned to the site and engaged in the work involved are reimbursable. Payroll costs shall include wages plus the necessary labor burdens, which may include social security, unemployment, worker’s compensation, health and retirement benefits, vacation and holiday pay, and other payments according to prevailing wage rates but shall exclude profit sharing, bonuses, and similar remunerations. Labor charges shall be allowed only for hourly labor directly involved in the work. Such personnel may include working foremen at the site. The cost of all salaried employees shall be considered as a part of allowances allowed in this section. Labor rates shall be as actually paid based on certified payroll records or in accordance with general rates for various pay categories established by prevailing wage rates or by mutual agreement between OWNER and CONTRACTOR prior to the commencement of work. The expenses of performing work after regular hours, on weekends or holidays, shall be included in the above to the extent authorized by OWNER as set out in the Contract Documents.
11.4.2 Payments by CONTRACTOR to Suppliers for all installed material and equipment in the work involved, including transportation and storage costs, and necessary Suppliers field services are reimbursable. All cash deposits shall accrue to OWNER, if OWNER advances funds to CONTRACTOR with which to make payments. All trade discounts, rebates, and refunds and all returns from the sale of surplus items shall accrue to OWNER and CONTRACTOR shall make provisions so that they may be obtained. When required by OWNER, CONTRACTOR shall obtain competitive bids from suppliers nominated by OWNER and shall deliver such bids to OWNER for selection of a bid. When determining material and equipment costs, actual invoices segregating items associated with work involved shall be the record upon which actual costs shall be based.
11.4.3 Payments by CONTRACTOR to Subcontractors for the work involved performed by Subcontractors are reimbursable. If required by OWNER, CONTRACTOR shall obtain competitive detailed bids from three (3) Subcontractors and shall deliver them to OWNER who will then determine which bid will be selected. When determining Subcontractor costs at any tier, the Subcontractor’s cost shall be determined in the same manner as CONTRACTOR’s costs. All subcontracts shall be subject to the provisions of this section insofar as applicable.
11.5 Construction Equipment Costs
11.5.1 Equipment costs required solely in connection with the work involved reflecting rented or leased or owned equipment for individual construction equipment or machinery whose replacement value is in excess of $1,000.00 is reimbursable. Transportation, loading and unloading, installation, dismantling, and removal costs shall be included only if such equipment is or was transported to the site solely to perform the work involved. All charges for equipment shall cease when the equipment is no longer C-32
necessary to perform the work involved. Equipment costs shall be computed using the same accounting and estimating rules regardless of whether related to added or deleted items of work.
11.5.2 For equipment rented or leased by CONTRACTOR, from lessor firms not associated with or owned by CONTRACTOR, CONTRACTOR shall be entitled to actual costs based on negotiated rental or lease rates, but in no event shall the amounts exceed the rates listed in the most current and appropriate Rental Rate Blue Book (Book) published by Dataquest Inc., Palo Alto, California, for this area. Rates for equipment not included in the Book shall be interpolated or extrapolated from the information contained in the Book. In addition to the rental or leasing rate, operating costs shall not exceed the estimated hourly operation rate in the Book. For multiple shift work, the allowable equipment rate for second or third shifts shall not exceed fifty (50) percent of the base rate. Costs for rented or lease equipment shall not be billed to OWNER in excess of the following.
Actual or Anticipated Usage Book Payment Category
Less than 8 hours Hourly Rate
1 day but less than 7 days Daily Rate
7 days but less than 30 days Weekly Rate
30 days or more Monthly Rate
11.5.3 For equipment rented or leased from lessor firms associated with or owned by CONTRACTOR, CONTRACTOR shall be entitled to reimbursement as though the equipment is owned equipment.
11.5.4 For equipment owned by CONTRACTOR, CONTRACTOR shall be entitled to costs based on billings established by their normal accounting practices, but in no event shall these costs exceed the rates listed in the most current Cost Reference Guide (Guide) published by Dataquest, Inc., Palo Alto, California. Rates for equipment not included in the Guide shall be interpolated or extrapolated from the information contained in the Guide. The owned equipment hourly rate plus the estimated operating cost per hour from the Guide will be the basis for determining owned cost. The equipment rate for second or third shifts shall not exceed seventy five (75) percent of the base hourly rate.
11.6 Supplemental Costs
11.6.1 Costs of special consultants who are not employees in the direct employ of CONTRACTOR or any of the Subcontractors or Suppliers, or special Subcontractors are reimbursable; provided that those costs are or were authorized by OWNER prior to proceeding with the work involved, and only if their activities are not covered by costs included under paragraph 11.4, or are not excluded by paragraph 11.7.
11.6.2 Sales, consumer, or similar taxes, royalty payments, and fees for permits and licenses, related solely to the work involved for which CONTRACTOR is liable, are reimbursable.
11.6.3 Deposits to be lost for causes other than negligence of CONTRACTOR related solely to the work involved are reimbursable.
11.6.4 Increased costs of premiums for Bonds and insurance resulting solely because of the work involved will be paid as an allowance in accordance with paragraph 11.8.
11.7 Costs Covered by CONTRACTOR’S Allowances
11.7.1 The cost of work involved shall not include any of the following costs, all of which are considered to be covered by CONTRACTOR’s allowances:
11.7.1.1 payroll costs and other compensation of (1) personnel employed by CONTRACTOR whether at the site or in CONTRACTOR’s principal or a branch office for management or administration of the Work, including, but not limited to, CONTRACTOR’s officers, executives, principals, general managers, project managers, construction managers, resident superintendents, nonworking foremen, estimators and schedulers, detailers, claims consultants, attorneys, auditors, accountants, purchasing and contracting agents, expediters, and (2) personnel employed by CONTRACTOR in CONTRACTOR’s principal or branch office in support of the performance, management or administration of the Work, including, but not limited to, engineers, architects, timekeepers, and clerks C-33
11.7.1.2 expenses of CONTRACTOR’s principal, branch, and site offices except as authorized in writing by OWNER prior to proceeding with the work involved
11.7.1.3 any part of CONTRACTOR’s capital expenses, including interest on CONTRACTOR’s capital employed for the work involved and charges for delinquent payments
11.7.1.4 costs due to the fault or negligence of CONTRACTOR, including but not limited to deposits to be lost, costs to correct defective work, disposal of materials or equipment wrongly supplied, and making good any damage to property
11.7.1.5 cost of field supplies consumed in the performance of the work involved and purchase costs of small tools used or consumed in the performance of the work involved, which are individually valued at less than $1,000.00. Consumables shall include such items as rags, nails, fasteners, weld rod, gases, lubricants, paper, grout, stakes, power and fuel for tools and equipment, chains, cables, hoses, water, and similar items normally used in the course of the Work.
11.7.1.6 costs associated with the preparation or filing of claims (whether or not ultimately authorized by OWNER)
11.7.1.7 expenses of CONTRACTOR associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on earnings, or unpaid retainage
11.7.1.8 costs derived from the computation of a “home office overhead” rate by application of the Eichleay, Allegheny, Burden Fluctuation, or other similar methods
11.7.1.9 costs of special consultants or attorneys, whether or not in the direct employ of CONTRACTOR, employed for services specifically related to the resolution of a claim, dispute, or other matter relating to the acceptability of the Work
11.7.1.10 other administrative expense or contingent costs of any kind and the costs of any item not specifically and expressly included in these general conditions
11.8 CONTRACTOR Allowances for Changes and Additions to the Work CONTRACTOR’s allowances, which include (1) costs not directly chargeable under this section, (2) expenses itemized in paragraph 11.7, and (3) profit, shall not exceed the following percentages of the various portions of the work involved. No other allowances in addition to these will be allowed.
Cost Element
Allowances
for Additions
Allowances
for Deletions
CONTRACTOR and lower tier subcontractor labor per 11.4.1 (percentage of direct labor)
15% (7.5)%
CONTRACTOR and lower tier Subcontractor installed
equipment and materials per 11.4.2
15% (7.5)%
Subcontractor costs resulting from direct subagreement with CONTRACTOR per 11.4.3
5% (2.5)%
CONTRACTOR and lower tier Subcontractor owned or rented construction equipment per 11.5
15% (7.5)%
Travel expenses, subsistence allowances, supplemental costs per premium portion of direct labor costs, and other authorized costs
0% 0%
Insurance and Bond premiums per 11.6.4 1% (1)%
Allowance for small tools and consumables per 11.7.1.5 2% 0% C-34
11.9 Unit Price Work
11.9.1 Where the Contract Documents provide for unit price work, the Contract Price stated in the Agreement will include for all unit price work an amount equal to the sum of each unit price item times the estimated quantity for each item as indicated in the Agreement. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover all costs, including supplemental and administrative costs, and profit. The estimated quantities of unit price work indicated in the Agreement are given solely for the purpose of comparison of bids and determining the Contract Price for the Work as awarded.
11.9.2 CONTRACTOR shall promptly, after becoming aware of, and before proceeding with any significant quantities of affected work, notify OWNER in writing of any additional or reduced quantities for an item of unit price work that will require a twenty-five (25) percent or higher adjustment in the as awarded quantity for that item or an increase in Contract Price greater than five (5) percent.
11.9.3 If OWNER determines that the additional or reduced quantities for an item of unit price work justify an adjustment in the unit price, OWNER shall authorize such an adjustment. No adjustment shall be allowed under this paragraph unless the variation between actual and estimated quantities for all unit price work result in an increase or decrease in the Contract Price by more than five (5) percent.
11.9.4 Prior to Final Progress Payment, or before the total amount paid exceeds the established Contract Price, a Change Order will be issued to adjust the estimated quantities for unit price work and to correspondingly adjust the Contract Price.
11.9.5 In re-evaluating unit prices contained in the Contract Documents, CONTRACTOR and OWNER shall take into account increases or decreases in CONTRACTOR’s supplemental and administrative costs for the performance of the Work solely as a result of the variation in quantities, as opposed to as a result of CONTRACTOR’s fault or negligence, or bid estimate errors.
11.10 Contract Time
11.10.1 An extension in Contract Time will not be granted unless CONTRACTOR can demonstrate through an analysis of the Progress Schedule the increase in the time to perform or complete the Work, or specified part of the Work, beyond the corresponding Contract Time(s) arise from unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, and that such causes in fact lead to performance or completion of the Work, or specified part in question, beyond the corresponding Contract Time.
11.10.2 An adjustment in the Contract Time will be based solely upon net increases in the time required for the performance or completion of the parts of the Work controlling achievement of the corresponding Contract Times(s) at the time the incident that causes the change occurs. However, even if the time required for the performance or completion of controlling parts of the Work is extended, an extension in Contract Time will not be granted unless performance or completion of the controlling work necessarily extends beyond the Contract Time in question despite CONTRACTOR’s reasonable and diligent actions to guard against these effects.
11.10.3 Notwithstanding any provisions in the Contact Documents to the contrary, an extension of Contract Time shall be the sole remedy of CONTRACTOR for any delay of any kind. The only exception shall be if the delay has been caused solely by acts constituting intentional interference by OWNER or the Construction Manager with CONTRACTOR’s performance of the Work and such acts continue after CONTRACTOR’s notice to OWNER of such interference. Intentional interference is an act or omission by OWNER or the Construction Manager by which OWNER or the Construction Manager intentionally, willfully, or knowingly delays job progress. OWNER’s exercise of any of their rights, or OWNER’s exercise of their remedies of stopping the Work or requiring correction or re-execution of any defective work shall not under any circumstances be construed as intentional interference with CONTRACTOR’s performance of the Work. No adjustment in the Contract Price under this paragraph shall be provided for any reason if: (1) performance would have been so extended by any other cause, including fault or negligence of CONTRACTOR; (2) an adjustment is provided or excluded under any other provision of the Contract Documents or; (3) delays merely prevent CONTRACTOR’s achievement of completion of the Work, or part in question, ahead of the corresponding Contract Times(s), including any authorized adjustments.
11.11 Waivers
CONTRACTOR’s recovery of (1) acceleration costs incurred as an alternative to an extension in the Contract Time C-35
on account of delays not meeting the requirements for extensions in the Contact Time (2) escalation costs for any part of the Work; (3) delay costs, except as otherwise specifically provided in this section, shall be excluded.
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SECTION 12 SCHEDULES
12.1 General
12.1.1 CONTRACTOR shall prepare and submit to OWNER for review, a Progress Schedule showing the order in which CONTRACTOR proposes to carry out the Work, the dates on which the several salient features (including procurement of materials and equipment) will start and the contemplated dates for completing same. The Progress Schedule shall show the order in which CONTRACTOR proposes to accomplish the work activities and shall clearly depict the order, interdependence, duration, and installation workdays by craft for each activity. The Progress Schedule shall be an amplification of, and shall concur with the interim and final completion requirements of the Contract Documents. The schedule shall show all of the work to be completed for each Milestone and for partial utilization. The schedule breakdown shall be by divisions of work subdivided into areas or facilities in sufficient detail so that OWNER may readily evaluate CONTRACTOR’s progress at any given time during the course of the Work and shall be so arranged and itemized as to be of assistance to OWNER in the evaluation of CONTRACTOR’s Progress Payment Request.
12.1.2 CONTRACTOR shall prepare and submit to OWNER for review, a schedule of Shop Drawing and sample submissions. This schedule shall consist of a list of the submittals to be made over the course of the project; anticipated and actual dates of submittal and return for both initial and resubmissions; and the anticipated dates of submittal approval so as not to delay the project. The schedule shall allow for review and processing time by OWNER.
12.1.3 CONTRACTOR shall prepare and submit to OWNER for review with the initial acceptable schedule, labor estimates contemplated or required by the schedule in a form acceptable to OWNER. Updated plan and actual expended labor estimate charts shall be submitted with each monthly or interim schedule submission when requested by OWNER.
12.2 Submittal of Schedules
12.2.1 The form and level of detail of the schedule shall be as detailed in the General Requirements and/or Supplementary Conditions or as approved by OWNER. At a minimum, a schedule diagram shall be submitted that is neatly lettered and legibly drawn to a time scale.
12.2.2 CONTRACTOR shall enter on the schedules the actual progress on a monthly basis, or at such intervals as requested by OWNER, and shall deliver to OWNER three (3) copies of the schedule documentation.
12.2.3 Schedules are to be submitted as a part of each Progress Payment Request. A Progress Payment Request shall not be paid until the schedule submittal and any requested corrections or clarifications have been accepted by OWNER for inclusion into the Progress Payment Request. If additional updated schedules are requested by OWNER they are to be provided within seven (7) days of the date of request, but do not constitute permission to submit additional Progress Payment Requests.
12.3 Review of Schedules
12.3.1 OWNER will review schedule submittals. If, in the opinion of OWNER, the schedule (1) does not accurately reflect CONTRACTOR’s actual or anticipated progress or work plan or, (2) cannot be used to effectively evaluate CONTRACTOR’s progress or, (3) is not in compliance with this section and other parts of the Contract Documents, it will be returned to CONTRACTOR for corrections or clarification.
CONTRACTOR shall make the necessary corrections and resubmit or shall respond in detail to OWNER’s comments and request that the submittal be accepted without modification. Failure by CONTRACTOR to provide corrections or clarifications to schedule submittals as directed by OWNER shall constitute reason to withhold approval of any Progress Payment Request.
12.3.2 OWNER’s review of schedule submittals shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has, in writing, called OWNER’s attention to each such variation at the time of submission and OWNER has given written approval of each such variation; nor shall any approval by OWNER or the Construction Manager relieve CONTRACTOR from responsibility for compliance with any provision of the Contract Documents, except as specifically approved with respect to such variation.
12.4 Time of Performance
The Contract Time establishes the period and duration in which OWNER expects the Work to be performed. Any schedule that shows completion ahead of the Contract Time shall include additional supporting data to explain the C-37
basis of the shorter time for performance. OWNER may (1) notify CONTRACTOR that the Contract Time is being adjusted by Change Order to reflect the shorter schedule duration or (2) elect not to adjust the Contract Time and allow the use by all parties of the increased schedule flexibility that the shorter schedule represents. In any case, OWNER shall not be responsible for any costs to CONTRACTOR, actual or anticipated, resulting from delay of any cause that prevents completion of any part or all of the Work unless it prevents CONTRACTOR from meeting the interim or final completion requirements of the Agreement; nor shall OWNER be obligated to incur any additional costs for administration or inspection of accelerated work.
12.5 Changes
It is understood that revisions to the schedule are inherent in the nature of construction. This may require that changes be made in the schedule to reflect the dynamic nature of the design and the work. Actions by OWNER, CONTRACTOR, or the Construction Manager that may affect the progress of any part or all of the Work shall make use of the flexibility in the Progress Schedule, often expressed as schedule float or slack time, or as may result from changes in the sequencing of individual work items, to limit the impact of such actions. The concept of shared schedule flexibility shall not be limited by the inclusion of restraints, logic, or imposed dates into the schedule that cannot be reasonably justified. Excessive use of schedule flexibility by any party is contrary to this sharing concept.
Excessive use of schedule flexibility by CONTRACTOR may be cause for denial of a request for an extension in Contract Time.
12.6 As-Built Schedule
After Substantial Completion, but prior to Final Progress Payment, CONTRACTOR shall submit an as-built schedule. The schedule shall reflect (1) all as-built critical paths, (2) all contract activities, including all added activities, with their actual start and finish dates, (3) the actual number of separate days during which work was performed on each activity, and (4) the actual number of installation workdays by craft that were required to complete each activity.
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SECTION 13 TESTS AND INSPECTIONS; CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
13.1 Site Access
OWNER, testing agencies, and governmental agencies with jurisdictional interest shall have access to the Work at reasonable times for their observation, inspection, and testing. CONTRACTOR shall provide proper and safe conditions for such access.
13.2 Inspection
13.2.1 OWNER shall at all times have access to the Work during construction and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials and equipment used and employed in the Work.
13.2.2 CONTRACTOR shall give OWNER timely notice of at least 2 working days of the readiness of the Work for all required inspections, tests, or approvals. Inspections, tests, or observations by OWNER or their agents may be performed to provide information to OWNER on the progress of the Work. However, such information is not intended to fulfill CONTRACTOR’s obligations under the Contract Documents.
13.2.3 If any law, ordinance, rule, regulation, code or order of any public body, government entity, or court having jurisdiction requires any work to specifically be inspected, tested, or approved, CONTRACTOR shall assume full responsibility, pay all associated costs and furnish OWNER the required certificates of inspection, testing or approval. All inspections, tests, or approvals shall be performed by persons or organizations acceptable to OWNER.
13.2.4 CONTRACTOR shall test the whole Work, performing sufficient testing and inspection to support the warranty and guaranty requirements. All test and inspection reports will be provided to OWNER as requested.
13.2.5 Whenever CONTRACTOR varies the period during which work is carried on each day, they shall give due notice to OWNER so that OWNER may, if they wish, observe the work in progress. Any work done in the absence of OWNER will be subject to rejection if proper notice was not given.
13.2.6 All installations, which are to be backfilled or otherwise covered, shall be inspected by the OWNER’s Representative prior to backfilling or covering, and CONTRACTOR shall give due notice in advance of backfilling or covering to OWNER so that OWNER may observe the work to be concealed.
13.2.7 If any work that is to be inspected, tested, or approved is covered without written concurrence of OWNER, it must, if requested by OWNER, be uncovered for observation. Such uncovering and subsequent covering shall be at CONTRACTOR’s expense and will exclude the right to a time extension.
13.2.8 The inspection of the Work shall not relieve CONTRACTOR of their obligations to complete the Work as prescribed. Defective work shall be made good, and unsuitable materials and equipment may be rejected notwithstanding the fact that such defective work and unsuitable materials and equipment have been previously inspected by OWNER or that payment has been included in a Progress Payment Request.
13.3 OWNER’s Tests
13.3.1 CONTRACTOR shall furnish OWNER with a list of their sources of materials in sufficient time to permit proper inspection and testing of materials to be furnished from such listed sources in advance of their use. CONTRACTOR shall furnish without charge such samples as may be required by OWNER.
13.3.2 Inspection and tests will be made by OWNER or their designated representative. It is understood that such inspections and tests if made at any point other than the point of incorporation in the Work in no way shall be considered as a guarantee of acceptance of such material nor of continued acceptance of material presumed to be similar to that upon which inspections and tests have been made.
13.3.3 Tests of materials shall be made in accordance with commonly recognized procedures of technical organizations and such special procedures as prescribed in the specifications. Materials shall be sampled and tested at such times during the progress of the Work as deemed desirable by OWNER, and CONTRACTOR shall cooperate in obtaining the samples.
13.3.4 OWNER will test materials or work in place after notification by CONTRACTOR that the work is ready for testing. All costs for retesting nonconforming work will be charged to CONTRACTOR.
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13.4 Warranties
13.4.1 Besides guarantees and warranties required elsewhere, CONTRACTOR shall and hereby does warranty all work for a period of one (1) year after the date of recording of the Notice of Completion of the Work and shall repair and replace any and all such work, together with any other work which may be displaced in so doing, that may prove defective in workmanship and/or materials within the one (1) year period from the date of recording, without expense whatsoever to OWNER, ordinary wear and tear and unusual abuse or neglect excepted. In the event of failure to comply with the above- mentioned conditions within seven (7) days after being notified in writing, OWNER is hereby authorized to proceed to have the defects repaired and made good at the expense of CONTRACTOR who hereby agrees to pay the cost and charges therefore immediately on demand.
13.4.2 The faithful performance bond and the payment bond shall continue in full force and effect for the guarantee period.
13.4.3 If, in the opinion of OWNER, defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to OWNER or to prevent interruption of operations of OWNER, OWNER will attempt to give the notice required by this section. If CONTRACTOR cannot be contacted or does not comply with OWNER’s request for correction within a reasonable time as determined by OWNER, OWNER may, notwithstanding the provisions of this section, proceed to make such correction or provide such attention; and the costs of such correction or attention shall be charged to CONTRACTOR.
13.4.4 Action by OWNER under this section shall not relieve CONTRACTOR of the guarantees provided in this section or elsewhere in this Agreement.
13.4.5 This section does not in any way limit the guarantee on any items for which a longer guarantee is specified or on any items for which a manufacturer gives a guarantee for a longer period.
CONTRACTOR shall furnish OWNER all appropriate guarantee or warranty certificates within 10 days after start of use and/or Substantial Completion.
13.5 Removal of Defective and Unauthorized Work
13.5.1 All work that has been rejected shall be remedied or removed and replaced by CONTRACTOR in an acceptable manner, and no compensation will be allowed for such removal, replacement, or remedial work. Any work done beyond the lines and grades shown on the plans or established by OWNER or any changes in, additions to, or deductions from the Work done without written authority will be considered as unauthorized and shall not be paid for. Work so done may be ordered remedied, removed, or replaced at CONTRACTOR’s expense.
13.5.2 Upon failure on the part of CONTRACTOR to comply promptly with any order of OWNER made under the provisions of this section, OWNER shall have authority to cause rejected or unauthorized work to be remedied, removed, or replaced and to deduct the costs of making corrections from any monies due or to become due CONTRACTOR.
13.6 Defective Materials
13.6.1 All materials not conforming to the Contract Documents shall be considered defective, and all such materials, whether in place or not, shall be rejected and shall be removed immediately from the site of the Work. No rejected material, the defects of which have been subsequently corrected, shall be used until permitted by OWNER.
13.6.2 Upon failure on the part of CONTRACTOR to comply with any requirement of OWNER made under the provisions of this section, OWNER shall have authority to remove or replace defective material at the expense of CONTRACTOR.
13.7 Acceptance of Defective Work
Instead of requiring correction or removal and replacement of defective work, OWNER may, at their sole discretion, accept it provided a suitable reduction in the Contract Price can be established. In that case, if acceptance occurs prior to Final Progress Payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the Contract Price. If the acceptance occurs after such recommendation, an appropriate amount shall be paid by CONTRACTOR to OWNER.
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13.8 Warranty of Title
13.8.1 No materials, supplies, or equipment for the Work shall be purchased subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest in it or any part of it is retained by the seller or Supplier.
13.8.2 CONTRACTOR warrants clear and good title to all materials, supplies, and equipment installed and incorporated in the Work and agrees upon completion of all work to deliver the premises together with all improvements and appurtenances constructed or placed by them to OWNER free from any claims, liens, encumbrances, or charges and further agrees that neither they nor any person, firm, or corporation furnishing any material or labor for any work shall have any right to a lien upon the premises or any improvement or appurtenance thereon, provided that this shall not preclude CONTRACTOR from installing metering devices or other equipment of utility companies or of municipalities, the title of which is commonly retained by the utility company or the municipality. Nothing contained in this section, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by CONTRACTOR for their protection, or any right under any law permitting such persons to look to funds due CONTRACTOR in the hands of OWNER. The provisions of this section shall be inserted in all subcontracts and material contracts, and notices of this provision shall be given to all persons furnishing materials for the Work when no formal contract is entered into for such materials.
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SECTION 14 PAYMENTS TO CONTRACTOR
14.1 Schedule of Values
The schedule of values shall include quantities and unit prices aggregating the Contract Price, and shall subdivide the Work into component parts in sufficient detail to serve as the basis for Progress Payment Requests during the course of the Work. CONTRACTOR shall confirm in writing at the time of submission that an appropriate amount of direct costs, supplemental costs, administrative expenses, contingencies, and profit have been allocated to each item of work.
14.2 Progress Payments
14.2.1 On or about the 25th day of each month, except in the case of the Final Progress Payment, CONTRACTOR shall meet with OWNER to review a draft estimate of progress of the Work based on the schedule of values. After joint review, CONTRACTOR shall submit to OWNER no later than the first working day of each month a Progress Payment Request completed and signed by CONTRACTOR covering the work completed through the 25th of the previous month and accompanied by such supporting documentation as is required by the Contract Documents.
14.2.2 OWNER may refuse to make the whole or any part of any payment if subsequently discovered evidence or the results of subsequent inspections or tests nullify any such payment previously approved to such extent as may be necessary to protect OWNER from loss or anticipated loss because: (1) work is defective, or completed work has been damaged requiring correction or replacement or, (2) written claims have been made against OWNER or stop notices or Liens have been filed in connection with the Work or, (3) the Contract Price has been reduced because of Change Orders or, (4) OWNER has been required to correct or complete the Work or, (5) of CONTRACTOR’s unsatisfactory prosecution of the Work in accordance with the Contract Documents or, (6) of CONTRACTOR’s failure to make payment to Subcontractors, for labor, materials or equipment or, (7) of CONTRACTOR’s failure to provide acceptable schedule submittals for inclusion into the Progress Payment Request or, (8) of CONTRACTOR’s failure to properly maintain Record Documents.
14.2.3 Contract Code 7201 (b)(4), at a public hearing on DATE, the City of Bakersfield found that this project is “substantially complex”. OWNER shall retain ten (10) percent of such estimated value as part security for fulfillment of the Agreement by CONTRACTOR and shall pay to CONTRACTOR the balance of such estimated value after deducting all previous payments and all sums to be kept or retained under the terms of the Agreement.
14.2.4 At any time after fifty (50) percent of the Work has been satisfactorily completed and if OWNER determines that aggressive progress will continue to a timely completion of the Work, OWNER may pay any of the remaining progress payments in full for actual work completed. Regardless of whether the OWNER has made any progress payments in full, in the event that subsequent to such determination CONTRACTOR fails to maintain progress in accordance with the accepted Progress Schedule, retainage at a rate of ten (10) percent will be held from the amount due CONTRACTOR for the period that progress was not maintained and from each succeeding month until progress is sufficient to be on schedule in accordance with the accepted Progress Schedule.
14.2.5 OWNER may condition payment of any undisputed contract amount, including Final Progress Payment and retention release, upon the release by CONTRACTOR of all claims related to that amount. Disputed claims of a stated amount may be expressly excluded by CONTRACTOR from such a release.
14.2.6 The following is a summary of the provisions of article 1.7 of Chapter 1 of Part 3 of Division 2 (commencing with Section 20104.50) of the Public Contract Code, regarding progress payments, and is subject to the actual provisions of that statute.
If OWNER fails to make any progress payment within thirty (30) days after receipt of an undisputed and properly submitted Progress Payment Request from CONTRACTOR, OWNER shall pay interest to CONTRACTOR equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.
Upon receipt of a Progress Payment Request, OWNER shall act in accordance with both of the following:
Each payment request shall be reviewed by OWNER as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request.
Any payment request determined not to be a proper payment request suitable for payment shall be returned to CONTRACTOR as soon as practicable, but not later than seven (7) days after receipt. A request returned pursuant C-42
to this paragraph shall be accompanied by a document setting forth in writing why the payment request is not proper.
The number of days available to OWNER to make a payment without incurring interest shall be reduced by the number of days by which OWNER exceeds the seven (7) day return requirement.
For purposes of this section, a “progress payment” includes all payments due CONTRACTOR, except that portion of the final payment designated under this Agreement as retention.
14.2.7 CONTRACTOR warrants and guarantees that title to all work, materials, and equipment covered by any Progress Payment Request, whether incorporated in the Work or not, will pass to OWNER no later than the time of payment free and clear of all Liens or any other encumbrances.
14.3 Materials Onsite
14.3.1 OWNER may, at its sole option, pay an amount equal to no more than ninety (90) percent of the value of materials and equipment not incorporated into the Work but delivered and suitably stored at the site, or of materials and equipment stored offsite if stored in a manner acceptable to OWNER. When payment to CONTRACTOR is made for stored material and equipment, CONTRACTOR shall submit invoices marked “paid” by the Supplier with the Progress Payment Request following such payment to CONTRACTOR documenting that CONTRACTOR has paid for said materials and equipment or the previously paid amount shall be deducted from remaining payments or retainage for stored materials and equipment not so properly documented.
14.3.2 If payment is requested on the basis of materials and equipment not incorporated into the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Progress Payment Request shall be accompanied by such data, satisfactory to OWNER, as will establish OWNER’s title to the material and equipment and protect OWNER’s interest, including applicable insurance.
14.3.3 In no event shall the quantity of material and equipment submitted for payment be in excess of the actual final installed quantity. Payments made according to this paragraph shall be no greater than ninety (90) percent of the schedule of values price for the item to be installed regardless of the actual cost.
14.4 Final Progress Payment and Retention Release
14.4.1 When the Work, including minor items identified on the certificate of Substantial Completion, delivery of record documents, operations and maintenance manuals, other required documentation, and final cleanup, has been completed to the satisfaction of OWNER, they shall make a final estimate of the total amount of work done and the amount to be paid under the terms of the Agreement. If OWNER finds the Work has been completed according to the Contract Documents, they shall accept the Work and pay the entire sum so found to be due after deducting all previous payments and all amounts to be retained under the provisions of the Agreement. All prior progress estimates and payments shall be subject to correction in the final estimate and payment.
14.4.2 It is agreed by CONTRACTOR that no certificate given or payment made under the Agreement shall be conclusive evidence of performance of the Work and no payment shall be construed to be an acceptance of any defective work or improper materials.
14.4.3 CONTRACTOR further agrees that the payment of the final amount due under the Agreement shall release OWNER, the Construction Manager, and each of their officers, directors, employees, and agents from any and all claims or liability arising out of the Work related to the amount paid.
14.4.4 Under Section 9204 of the Public Contract Code, a public entity must submit a written statement identifying the disputed and undisputed portions of any claim for time extension, payment of money or damages arising from work done, or payment of an amount disputed by the public entity, as further defined in Section 9204, within forty-five days of receipt of the Full and Final Potential Claim Record (as defined in Section 5-1.43D of the State Standard Specifications) sent by registered or certified mail, return receipt requested. The claim must be supported by reasonable documentation such as invoices, extra work tickets signed by a city inspector, and full justification of the basis of the claim. Any payment due on an undisputed portion of the claim must be made within sixty days after the public entity’s written statement is issued.
If the claimant disputes the public entity’s response or the public entity does not provide a written response as required in Section 9204, the public entity must schedule a meet and confer conference within thirty days after receipt of a written request from the claimant sent by registered or certified mail, C-43
return receipt requested. Within ten business days following the meet and confer conference, the public entity must provide the claimant with a written statement identifying the portion of the claim that remains in dispute, if any, and the portion that is undisputed. Any payment on the undisputed portion of the claim must be made within sixty days after the public entity issues this written statement.
Any remaining disputed portion of the claim, shall be submitted to nonbinding mediation with the public entity and the claimant sharing the costs equally. The public entity and the claimant must agree to a mediator within ten business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree on a mediator, each party must select a mediator and those mediators will select a qualified neutral third party to mediate the disputed portion of the claim. Each party will bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If the mediation is unsuccessful, the disputed portion of the claim is subject to applicable procedures outside of section 9204. The parties may agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable.
Amounts not paid as required by Section 9204 are subject to annual interest of seven percent. If a subcontractor lacks standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present a claim on behalf of the subcontractor to the public entity.
14.5 OWNER’S Right to Withhold and Use Certain Amounts
14.5.1 In addition to the amount that OWNER may retain in accordance with paragraph 14.2, OWNER may withhold a sufficient amount from any payment otherwise due to CONTRACTOR as in their judgment may be necessary to cover:
14.5.1.1 Payments which may be past due and payable for just claims, such as Stop Payment Notices, filed with the OWNER against CONTRACTOR or any Subcontractors for labor or materials furnished in or about the performance of the Work
14.5.1.2 Estimated or actual costs for correcting defective work not remedied
14.5.1.3 Amounts claimed by OWNER as forfeiture due to delay or other offsets
14.5.2 OWNER may apply such withheld amounts to the payment of such claims after OWNER has reviewed with all parties involved and the OWNER is satisfied that the money withheld is for fair and just reasons.
In so doing, OWNER shall be deemed the agent of CONTRACTOR and any payments so made by OWNER shall be considered as a payment made under the Agreement by OWNER to CONTRACTOR, and OWNER shall not be liable to CONTRACTOR for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. OWNER will render to CONTRACTOR a proper account of such funds disbursed in behalf of CONTRACTOR.
14.6 Substitution of Securities for Amounts Withheld
14.6.1 Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR may substitute securities for any monies withheld by OWNER to ensure performance of the Work. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with OWNER or with a state or federally chartered bank in California as the escrow agent. Such securities shall be released to CONTRACTOR at the same time as amounts retained would be released under paragraph 14.4 upon satisfactory completion of the Work, to the extent such securities have not previously been utilized or are not then being held by OWNER or the escrow agent for purposes as provided in this Agreement.
Alternately, CONTRACTOR may request, and OWNER shall make, payment of retentions earned directly to the escrow agent at the expense of CONTRACTOR as provided in Section 22300 of the Public Contract Code.
14.6.2 If such securities are deposited with OWNER, OWNER shall determine their value. OWNER shall also be entitled in their discretion to sell, redeem, or otherwise convert them or portions thereof to cash in order to apply them to any of the purposes set forth in the Agreement for which amounts may be withheld from CONTRACTOR and used. CONTRACTOR shall furnish such documents as are deemed necessary by OWNER to enable OWNER to make such sales, redemptions, or conversions.
14.6.3 If the securities are deposited with an escrow agent, CONTRACTOR, escrow agent, and OWNER shall execute the form entitled “Escrow Agreement for Security Deposits in Lieu of Retention.”
14.6.4 Securities eligible for investment under this section shall be those listed in California Government Code Section 16430 or bank or savings and loan certificates of deposit, interest-bearing demand deposit C-44
accounts, standby letters of credit, or any other security mutually agreed to by CONTRACTOR and OWNER.
14.6.5 CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any accrued interest.
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SECTION 15 SUSPENSION OF WORK AND TERMINATION
15.1 Suspension for Convenience
15.1.1 Without invalidating the Agreement, and without notice to any surety, OWNER may, at any time, order CONTRACTOR in writing to stop, delay, or interrupt work for such a period of time as OWNER may deem appropriate. Upon receipt of that order, CONTRACTOR shall immediately proceed in accordance with any specific provisions or instructions, protect and maintain the Work, and make reasonable and diligent efforts to mitigate costs associated with the suspension order.
15.1.2 If any suspension of work under this section causes an increase or decrease in CONTRACTOR’s cost or the time required to perform or complete any part of the Work, OWNER shall make a change in Contract Price or Contract Time, as provided in Section 11 of the General Conditions; except that no change in Contract Price will be made for any suspension of work to the extent that performance would have been suspended anyhow by causes not meeting the criteria in Section 11 of the General Conditions, or for which an adjustment is provided or excluded under any other provision of the Contract Documents.
15.2 Termination for Breach
15.2.1 If CONTRACTOR refuses or fails to execute the Work or any separable part with such diligence as will ensure its completion within the time specified, including any extensions, or fails to complete the Work within such time, or if CONTRACTOR should be adjudged bankrupt, or if they should make a general assignment for the benefit of their creditors, or if a receiver should be appointed on account of their insolvency, or if they or any of their Subcontractors should violate any of the provisions of the Agreement, or if they should persistently or repeatedly refuse or should fail, except in cases for which an extension of time is provided, to supply enough properly skilled labor or proper materials to complete the Work in the time specified, or if they should fail to make prompt payment to Subcontractors or for material or labor or if they should persistently disregard laws, ordinances, or instructions given by OWNER or the OWNER’s Representative, OWNER may serve written notice upon CONTRACTOR and their surety of their intention to terminate the Agreement, said notice will contain the reasons for such intention to terminate the Agreement, and unless within ten (10) days after the service of such notice such violations shall cease and satisfactory arrangements for the corrections thereof be made, the Agreement shall upon the expiration of said ten (10) days cease and terminate. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished.
15.2.2 In the event of any such termination, OWNER shall immediately serve written notice upon the surety and CONTRACTOR, and the surety shall have the right to take over and perform the Work; provided, however, that if the surety within fifteen (15) days after the serving upon it of a notice of termination does not give OWNER written notice of their intention to take over and perform the Work or does not commence performance thereof within (30) days from the date of serving said notice upon surety, OWNER may take over the Work and prosecute the same to completion by contract or by any other method they may deem advisable for the account and at expense of CONTRACTOR, and CONTRACTOR’s surety shall be liable to OWNER for any excess cost or other damage occasioned OWNER thereby, and in such event OWNER may, without liability for so doing, take temporary possession for use in completing the Work such materials, equipment, and other property belonging to CONTRACTOR that may be on the site of the Work.. For any portion of such work that OWNER elects to complete by furnishing their own employees, materials, tools, and equipment, OWNER shall be compensated for such in accordance with the schedule of compensation for time and material work in Section 11 of the General Conditions.
15.2.3 If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Work, including, but not limited to, all costs to OWNER arising from professional services and attorneys’ fees and all costs generated to insure or bond the work of substituted contractors or subcontractors utilized to complete the Work, such excess shall be paid to CONTRACTOR. If such costs exceed the unpaid balance, CONTRACTOR shall pay the difference to OWNER promptly upon demand; on failure of CONTRACTOR to pay, the surety shall pay on demand by OWNER. Any portion of such difference not paid by CONTRACTOR or surety within thirty (30) days following the mailing of a demand for such costs by OWNER shall earn interest at the maximum rate authorized by California law.
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15.2.4 The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to OWNER.
15.3 Termination for Convenience
15.3.1 OWNER may, without prejudice to any other right or remedy, terminate the Agreement in whole or in part at any time for its convenience by giving CONTRACTOR ten (10) days written notice. OWNER shall have the right, in that event, to take over any or all of CONTRACTOR’s materials, (whether stored on or off site) supplies, equipment, contracts or other obligations to complete the Work and CONTRACTOR shall assign them to OWNER upon OWNER’s request. CONTRACTOR shall proceed to complete any part of the Work, as directed by OWNER, and shall settle all their claims and obligations under the Agreement. CONTRACTOR shall be paid for all work executed and any expense sustained plus reasonable termination expenses as set forth in Subparagraph 15.3.2. CONTRACTOR shall justify their claims as requested by OWNER with thorough, accurate records and data.
15.3.2 In any such termination for the convenience of OWNER, CONTRACTOR shall be paid for work completed in accordance with the Contract Documents prior to receipt of the notice of termination, and for reasonable termination settlement costs relating to commitments which had become firm prior to the termination; however, payment to CONTRACTOR will exclude any and all anticipated supplemental costs, administrative expenses, and profit on uncompleted work.
If, after notice of Termination for Breach of CONTRACTOR, it is determined that CONTRACTOR was not in default, the termination shall be deemed to have been for the convenience of OWNER. In such event, CONTRACTOR may recover from OWNER payment in accordance with this paragraph. The payment shall be the sole and exclusive remedy to which CONTRACTOR is entitled in the event of termination pursuant to Paragraph 15.3, and CONTRACTOR will be entitled to no other compensation or damages and expressly waives same." C-47
SECTION 16 DISPUTE RESOLUTION
16.1 Resolution of Construction Claims
16.1.1 This section is intended as a summary of the provisions of Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code (“Claims Resolution Statute”) and is subject to the actual provisions of the Claims Resolution Statute. This section shall govern the resolution of any claim of $375,000 or less which may be made by CONTRACTOR.
16.1.2 As used in this section, “claim” is defined as a separate demand by CONTRACTOR for (a) a time extension, (b) payment of money or damages arising from the Work, payment for which is not otherwise expressly provided for or CONTRACTOR is not otherwise entitled to, or (c) an amount, the payment of which is disputed by OWNER.
16.1.3 CONTRACTOR shall make all claims in writing and include the documents necessary to substantiate the claims. Any claim by CONTRACTOR which is intended to invoke the procedures under the Claims Resolution Statute shall specify that the claim is being made pursuant to the Claims Resolution Statute.
All claims by CONTRACTOR must be filed on or before the date of Final Progress Payment; provided, however, nothing in this section is intended to extend the time limits or supersede notice requirements which may otherwise be provided within the Contract Documents for the filing of claims by CONTRACTOR.
16.1.4 For claims less than $50,000, OWNER shall respond in writing within forty-five (45) days of receipt of the claim, or OWNER may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims OWNER may have against CONTRACTOR. If additional information is thereafter required, it shall be requested and provided upon mutual agreement of OWNER and CONTRACTOR. If OWNER requests additional documentation, OWNER’s written response to the claim shall be submitted to CONTRACTOR within fifteen (15) days after receipt of the additional documentation, or within the same time period as used by CONTRACTOR in producing the additional documentation, whichever is greater.
16.1.5 For claims over $50,000 but less than $375,000, OWNER shall respond in writing within sixty (60) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims OWNER may have against CONTRACTOR. If additional information is thereafter required, it shall be requested and provided upon mutual agreement of OWNER and CONTRACTOR. If OWNER requests additional documentation, OWNER’s written response to the claim shall be submitted to CONTRACTOR within thirty (30) days after receipt of the additional documentation, or within the same time period as used by CONTRACTOR in producing the additional documentation, whichever is greater.
16.1.6 If CONTRACTOR disputes OWNER’s written response, or OWNER fails to respond within the time prescribed, CONTRACTOR may, by giving written notice to OWNER within fifteen (15) days of receipt of OWNER’s response (or within fifteen (15) days of OWNER’s failure to respond), demand an informal conference to meet and confer for settlement of the issues in dispute. Upon such demand, OWNER shall schedule a “meet and confer” conference within thirty (30) days.
16.1.7 If after the “meet and confer” conference, any portion of the claim remains in dispute, CONTRACTOR may file a claim pursuant to Government Code Section 900 et seq. If a court action is thereafter filed to resolve the claim, the court must, within the time specified by law, submit the matter to nonbinding mediation unless waived by mutual stipulation of OWNER and CONTRACTOR. If after the mediation process, the matter remains in dispute, the case must then be submitted to judicial arbitration pursuant to the applicable law.
16.1.8 All appealed or unsettled claims, disputes or other matters involving more than $375,000 between OWNER and CONTRACTOR arising out of or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment, shall first be submitted to mediation under the Construction Industry Mediation Rules of the American Arbitration Association then obtaining prior to either of them exercising any rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute.
16.1.9 Notice of demand for mediation shall be filed in writing with the other party to the Agreement and with the American Arbitration Association. Any demand for mediation of any appealed or unsettled claim, dispute or other matter that is required to be referred to the Construction Manager initially for decision shall be filed by the appealing party within ten (10) days after the executive negotiation has been C-48
declared unsuccessful by OWNER or CONTRACTOR, and in all other cases within a reasonable time after the unsettled claim, dispute or other matter has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such unsettled claim, dispute or other matter would be barred by the applicable statute of limitations. Failure to demand mediation within said ten (10) day period will result in the Construction Manager’s decision being final.
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SECTION 17 MISCELLANEOUS
17.1 Personal Liability
No director, officer, employee, or agent of OWNER, the Construction Manager, or their consultants shall have any individual or personal liability for any amount due to CONTRACTOR or for any obligations of OWNER under the Agreement or for any claim based on such obligations or their creation.
17.2 Partial Invalidity
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
17.3 Waiver of Rights
Except as otherwise specifically provided in the Contract Documents, no action or failure to act by OWNER, the Construction Manager, or CONTRACTOR shall constitute a waiver of any right or duty afforded any of them under the Contract Documents, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder.
17.4 Computation of Time
When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.
17.5 Fees
Whenever reference is made to “claims, costs, losses and damages,” it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs.
17.6 Governing Law
The Agreement shall be governed by the law of the State of California.
17.7 Venue
The exclusive venue of any court action arising out of or related to the Agreement shall be the Kern County Superior Court.
17.8 Successors and Assigns
The OWNER and CONTRACTOR respectively bind themselves and their successors, permitted assigns, and legal representatives to the other party and to the successors, permitted assigns, and legal representatives of such other party in respect to covenants, agreements, and obligations contained in the Agreement. Neither party to the Agreement shall assign the Agreement, in whole or in part, without prior written consent of the other party as set forth in Paragraph 6.11.
17.9 Rights and Remedies
All of the OWNER's rights and remedies under the Agreement will be cumulative and in addition to and not in limitation of all other rights and remedies of the OWNER under the Agreement or otherwise available at law or in equity.
17.10 Survival
The provisions of the Agreement which by their nature survive termination of the Agreement or Final Completion, including all warranties, indemnities, payment obligations, and the OWNER's right to audit CONTRACTOR's books and records, shall remain in full force and effect after Final Completion or any termination of the Agreement.
17.11 Complete Agreement
The Agreement constitutes the full and complete understanding of the parties and supersede any previous agreements or understandings, oral or written, with respect to the subject matter hereof. The Agreement may be modified only by a written instrument signed by both parties.
PART D
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SECTION 18 GENERAL CONSTRUCTION
18.1 ORDER OF WORK. Installation of temporary security fencing shall be the first item of work. The Contractor shall submit a project schedule that details the order and timing of work. The project schedule shall be maintained by the contractor and contractor shall provide updates to the engineer on a regular basis.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor.
18.2 MOBILIZATION. Section 9-1.16D “Mobilization” of the Standard Specifications is replaced with the following.
Mobilization shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for the establishment of all offices, buildings and other facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site.
PAYMENT. Payments for mobilization will be made as follows:
A. When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is 5 percent or more of the original contract amount, 50 percent of the contract item price for mobilization or 5 percent of the original contract amount, whichever is the lesser, will be included in the estimate for payment.
B. When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is 10 percent or more of the original contract amount, the total amount earned for mobilization shall be 75 percent of the contract item price for mobilization or 7.5 percent of the original contract amount, whichever is the lesser, and that amount will be included in the estimate for payment.
C. When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is 20 percent or more of the original contract amount, the total amount earned for mobilization shall be 95 percent of the contract item price for mobilization or 9.5 percent of the original contract amount, whichever is the lesser, and that amount will be included in the estimate for payment.
D. When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is 50 percent or more of the original contract amount, the total amount earned for mobilization shall be 100 percent of the contract item price for mobilization or 10 percent of the original contract amount, whichever is the lesser, and that amount will be included in the estimate for payment.
E. After acceptance of the contract pursuant to Section 7 1.17, "Acceptance of Contract," the amount, if any, of the contract item price for mobilization in excess of 10 percent of the original contract amount will be included for payment in the first estimate made in conformance with the provisions in Section 9 1.07.
The contract lump sum price paid for mobilization shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in mobilization as specified herein.
When other contract items are adjusted as provided in Section 4 1.05, "Changes and Extra Work" of the Standard Specifications, if the costs applicable to an item of work include mobilization costs, those mobilization costs will be deemed to have been recovered by the Contractor by the payments made for mobilization, and will be excluded from consideration in determining compensation under Section 4 1.05.
When the contract does not include a contract pay item for mobilization as above specified, full compensation for any necessary mobilization required shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
18.3 TEMPORARY FENCING. The contractor shall provide 6' high temporary chain link safety fencing to protect the project and the public. Temporary fencing shall be installed around the work site area prior to any construction activity. The restroom facility will be constructed in an existing park. The Contractor shall minimize the work area and temporary fencing to allow maximum use for the public outside of construction area. Due attention shall be paid to the patrons, as the park will still be open during construction operations. Contractor shall coordinate with City Recreation and Parks for any irrigation modifications prior to the start of any work. “No Trespassing” signs shall be posted on each individual side of the temporary fencing that encloses the project site. Signs shall be posted in a manner to be visible to the public from all points.
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Existing irrigation rotors and spray heads within the work site area may be temporarily disabled during the course of construction.
Work site ingress and egress gates shall be double locked including a lock issued by the City Recreation and Parks Department. The temporary fencing shall remain in place until the day of the restroom opening.
PAYMENT. The contract lump sum price paid for Temporary Fencing shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work involved in the installation and maintenance of the temporary fencing and as directed by the Engineer.
18.4 RELATIONS WITH PROPERTY OWNERS. Prior to beginning work, the Contractor shall send or deliver to the owner of each parcel within the project area written notification of the construction project. The Contractor’s name, address, telephone number and name of a contact person with the company shall be included in the letter.
Access to abutting property shall be maintained at all times unless otherwise permitted by the Engineer.
Before storing equipment or stockpiling material outside the street right of way, the Contractor shall obtain a letter from the property owner authorizing the Contractor the use of his property. The letter shall be filed with the Engineer.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor.
18.5 OBSTRUCTIONS. Attention is directed to Section 5-1.36D, “Nonhighway Facilities”, of the Standard Specification, the plans, and the special provisions.
The Contractor shall be required to work around public utility facilities and other improvements that are to remain in place within the construction area or that are to be relocated and relocation operations have not been completed.
In accordance with the provisions in Section 5-1.36, “Property and Facility Preservation”, and Section 5-1.39, “Damage Repair and Restoration”, of the Standard Specifications, the Contractor shall be liable to owners of such facilities and improvements for any damage or interference with service resulting from conducting his operations.
The exact location of underground facilities and improvements within the construction area shall be ascertained by the Contractor before using equipment that may damage such facilities or interfere with the services. Other forces may be engaged in moving or removing utility facilities or other improvements or maintaining services or utilities.
The Contractor shall cooperate with such forces and conduct his operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by other such forces.
Prior to any commencement of any phase of construction, the Contractor shall be responsible for locating any electrical conduits for the parks lighting or other electrical services affected by the project. The Contractor shall be liable for all repairs and costs associated with any damages to any portion of said services and as directed by the Engineer. Any delay to the Contractor due to utility relocation whether or not the utility is shown or correctly located on the plans will not be compensated for as idle time. However, additional contract time commensurate with such delays may be allowed.
Prior to commencement of any phase of construction involving landscaping or irrigation systems, the Contractor shall contact the City Parks Division at 326-3866 for the purpose of ascertaining the locations and current operational status of all landscape irrigation wiring, mainlines, laterals and other facilities.
Due care shall be taken to minimize damage to existing irrigation systems and plant materials. The Contractor shall be responsible for the repairing, relocation, and reconnecting of any severed or damaged lines and/or wiring and replacement of damaged plant material at his own cost. Irrigation repairs shall be done to current City Standards and to the City Recreation and Parks satisfaction. In the event of interruption of irrigation operations due to damage by the Contractor, the Contractor shall be responsible for maintaining the health of plant material in the area for the duration of irrigation interruption.
Attention is directed to the fact that nuisance water may be present at all times along the project. It will be the responsibility of the Contractor to provide for handling of said water and any expense involved shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor.
PAYMENT. Except in the case of extra work, full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor.
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18.6 MAINTAINING TRAFFIC. The Contractor shall furnish, install and maintain signs, lights, flags and other warning and safety devices when performing work which interferes with or endangers the safe movement of traffic on any street or highway.
Signs, lights, flags and other warning and safety devices and their use shall conform to the requirements set forth in the current Part 6, Temporary Traffic Control, of the "California Manual on Uniform Traffic Control Devices for Streets and Highways", published by the State of California, Department of Transportation. Application and use of devices shall be as specified and as directed by the Engineer.
The Contractor shall keep the Bakersfield Fire Department informed at all times as to the exact location and progress of the work and shall notify them immediately of any streets impassable for firefighting equipment. The contact at the Fire Department is Emergency Communications Center Manager, 661-861-2521.
In order to expedite the passage of public traffic through or around the work and where ordered by the Engineer, the Contractor shall, at his own expense, furnish, install, and maintain construction area signs, lights, flares, temporary railing (Type K), barricades, and other facilities for the sole convenience and direction of public traffic.
Also, where directed by the Engineer, the Contractor shall furnish competent flagmen whose sole duties shall consist of directing the movement of public traffic through or around the work. The signs "Road Work Ahead", No.
W20-1, and "End Road Work", No. G20-2, shall be furnished, installed and maintained by the Contractor at locations as directed by the Engineer at least forty-eight (48) hours in advance of any construction.
The Contractor shall report all accidents to the Engineer.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor.
18.7 DEMOLITION. The Contractor shall remove and dispose of items in accordance with the Plans, Standard Specifications and these special provisions.
STIERN PARK: The Contractor shall remove and dispose of the existing picnic site as shown on the plans All demolished concrete shall become the property of the contractor. The existing park items (table and BBQ) are to be salvaged and provided to the Recreation and Parks Dept. All work is to be in strict conformance with all applicable laws, codes and regulations.
JEFFERSON PARK: The Contractor shall remove and dispose the existing restroom building and all related items identified to be removed on the plans and in these special provisions. All foundations are to be removed. All work is to be in strict conformance with all applicable laws, codes and regulations.
NOTIFICATIONS. Contractor must file a “Notification of Demolition and Renovation” with the U.S. Environmental Protection Agency (USEPA) and the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) a minimum of ten (10) working days prior to commencing demolition. A SJVUACD Demolition Permit Release Form (Rule 8011) is required. The Contractor shall also provide the City verification that the agencies have received this notice prior to commencing demolition. The Contractor is responsible for and will pay all fines associated with failure to notify the proper agencies on time.
A Demolition Permit from the City of Bakersfield Building Department will be required and shall be obtained by the Contractor. The City of Bakersfield Fire Department shall also be notified prior to the start of the demolition.
Water or dust palliative shall be applied if ordered by the Engineer for the alleviation or prevention of a dust nuisance.
All demolition is to be accomplished in a manner that affords the correct and efficient installation of the new restroom building and the continuation of service to all other items presently served by the existing restroom building. Prior to and during demolition the Contractor shall, as a minimum, locate all existing utilities serving the present restroom.
Identify, cut, stub and mark these utilities at an appropriate location for later extension to the new restroom facility for their proper connection. The Contractor shall be in continual communication with the engineer and keep the engineer informed as to status of all utility service items.
The Contractor shall salvage any existing items deemed reusable into the new building. All other items shall become the property of the Contractor for removal from the project or as directed by the City’s Representative.
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PAYMENT. The contract lump sum price paid for Demolition shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, dust control and for doing all work involved in Demolition as specified on the plans and this special provisions. Hazardous Materials Abatement is not included and is paid for in accordance with Section 18.8, “Hazardous Materials Abatement”.
18.8 HAZARDOUS MATERIALS ABATEMENT. Asbestos and Lead Based Paint survey assessments were completed and the results of this survey are included in the Hazardous Materials Survey dated November 4, 2022 which is incorporated herein in Part B of these Special Provisions.
The Hazardous Materials Survey has determined that asbestos was not detected; however, lead based paint above regular limits were detected. Locations and sampling of certain hazardous materials on site are also described in the Hazardous Materials Survey attached in Part B of these Special Provisions. All removed hazardous materials shall be become the property of the Contractor and shall be transported, handled, and disposed of in accordance with the conditions and requirements as required by the San Joaquin Valley Unified Air Pollution Control District, the City of Bakersfield Fire Department, the County of Kern Environmental Health and as stipulated by those agencies in their permits issued for this project. The Contractor shall also be responsible for conforming to those agencies in their permits issued for this project. The Contractor shall also be responsible for conforming to those and all other applicable governmental and environmental laws and regulations concerning this project. The Contractor shall supply their own EPA number for all material removed.
The Contractor shall be responsible for obtaining a demolition permit from the City of Bakersfield Building Department and San Joaquin Valley Unified Air Pollution Control District for this project and shall pay all fees associated with the permit prior to commencement of any work under this item. The City of Bakersfield fees will be waived for this project.
Asbestos Containing Materials (ACM). As noted in the report, asbestos containing materials were not found at the locations identified in the Hazardous Materials Survey.
Lead Base Paint Containing Materials (LBP). As noted in the report, lead base paint containing materials were found at the locations identified in the Hazardous Materials Survey.
All ACM and LBP must be handled and removed by a licensed ACM and LBP Contractor certified by the California Occupational Safety & Health Administration.
Chlorofluorohydrocarbons (CFC’s). If any refrigeration units(s) are found in the building, it is the Contractor’s responsibility to remove and dispose or salvage the refrigeration units and recover the CFC’s, if present in those units.
PAYMENT. “Hazardous Materials Abatement” will be paid for as a lump sum payment, which shall be full compensation for furnishing all labor, materials, equipment, and doing all the work necessary for the complete removal of hazardous materials from the site, including but not limited to those materials described above or explained below, and no additional compensation will be allowed.
All ACM (i.e. floor tile, roofing material, and vent pipes) or PCB-containing materials (fluorescent light ballast), all refrigeration units (may contain CFC’s), all thermostats (containing Mercury switches), lead based paint, fluorescent lights (containing Mercury vapor), and any other hazardous material, if found but not identified in the survey, shall be removed and no additional compensation will be allowed therefor.
18.9 DUST CONTROL. It shall be the Contractor's responsibility to prevent a dust nuisance from originating from the site of the work as a result of his operations, or the traveling public, during the effective period of this contract.
Preventative measures to be taken by the Contractor shall include but shall not be limited to the following:
a. Water shall be applied to all unpaved areas as required to prevent the surface from becoming dry enough to permit dust formation.
b. Paved surfaces over which vehicular traffic is permitted to travel shall be kept free of dirt. In residential areas, a self-contained, pick-up type, power broom with water distribution system shall be used.
Temporary suspension of the work, either as a result of order by the Engineer, or as a result of conditions beyond the control of the Contractor shall not relieve the Contractor from his responsibility for dust control as set forth herein.
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If ordered, apply water, dust palliative, or both to control dust caused by public traffic. This work is change order work.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor.
18.10 EARTHWORK. Earthwork shall conform to the provisions in Section 19, "Earthwork", of the Standard Specifications and these special provisions.
Section 4-1.04. "Use of Materials Found on the job site", of the Standard Specifications shall be amended to read as follows:
Unless designated as selected material as provided in Section 19-2.03D, "Selected Material", the Contractor, with the approval of the Engineer, may use in the proposed construction such stone, gravel, sand or other material suitable in the opinion of the Engineer as may be found in excavation. The Contractor will be paid for the excavation of such materials at the contract price for such excavation, but he shall replace at his expense with other suitable material all of that portion of the material so removed and used which was contemplated for use in the work. The Contractor shall not excavate or remove any material from within the highway location that is not within the excavation, as indicated by the slope and grade lines, without written authorization from the Engineer.
It is anticipated that there will be surplus material which shall become the property of the Contractor and shall be disposed of outside of the highway right of way in accordance with the provisions of Section 5-1.20B (4), “ContractorProperty Owner Agreement”, of the Standard Specifications.
Sections 19-3.02D and 19-3.03F, “Slurry Cement Backfill", of the Standard Specifications is deleted and shall not apply to this contract.
The relative compaction limits specified in the first paragraph of Section 19-5.03B "Relative Compaction (95 Percent)", of the Standard Specifications are amended to the limits shown on the plans and typical cross sections and shall be determined by: California Test Methods 216 or 231, or ASTM (current edition) D1557 and one of the following D2922 or D1556. The subgrade must be smooth, uniform and true to the required grade.
Driveways and private road approaches shall be constructed as directed by the Engineer.
Impact equipment shall not be used in areas developed with buildings unless authorized by the Engineer.
Rounding of cut slopes will not be required.
In areas where existing bituminous surfacing is to be placed in embankments more than two (2.0) feet below finished grade or where embankment is to placed over existing bituminous surfacing more than two (2.0) feet below finished grade, the surfacing shall be broken up and mixed with the underlying or embankment material to produce a dense, compact embankment,
In areas where existing bituminous surfacing is to be placed in embankments within two (2.0) feet of the finished grade or where embankment is to be placed over existing bituminous surfacing within two (2.0) feet of finished grade, the surfacing shall be broken so that no lumps greater than 3" in maximum dimension remain.
Imported borrow must be clean and free from vegetable matter and other deleterious substances and must conform to the following requirements:
Tests Test Method Test Results
Sand Equivalent 217 18 minimum
Resistance (R-Value) 301 40 minimum
The R-Value requirements will be waived provided the imported borrow has a sand equivalent value of twenty-five (25) or more.
In addition to the above requirements, material located in the upper 0.5 foot below the shoulder surface shall have a suitable gradation to produce a firm and stable surface.
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Site Fill and Grading. Following the removal and demolition of buildings, structures, foundations, and disposal of all debris, the area shall be inspected by the Engineer and representatives of regulatory agencies. When the area has been approved for grading by the Engineer, the Contractor shall fill all holes resulting from the removal of foundations, footings, parking lots and street improvements, and other related structures. Any area that requires fill must be compacted to 90% relative compaction. The Contractor shall prepare the building pad subgrade as required on the plans and these specifications.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor.
18.11 HAZARDOUS WASTE IN EXCAVATION. If the Contractor encounters material in excavation which he has reason to believe may be hazardous waste, as defined by Section 25117 of the "Health and Safety Code", he shall immediately notify the Engineer in writing. Excavation in the immediate area of the suspected hazardous material shall be suspended until the Engineer authorizes it to be resumed. If such suspension delays the current controlling operation, the Contractor will be granted an extension of time as provided in Section 8-1.10, “Liquidated Damages” of the Standard Specifications.
If such suspension delays the current controlling operation more than two (2) working days, the delay will be considered a right of way delay and the Contractor will be compensated for such delay as provided in Section 8-
1.07, “Delays”, of the Standard Specifications.
The Department reserves the right to use other forces for exploratory work to identify and determine the extent of such material and for removing hazardous material from such area.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor.
18.12 TRENCH EXCAVATION. The excavation of trenches for piping laid in the ground shall be in open-cut from the surface of the ground except where boring is required. The trenches shall be of width as shown on City of Bakersfield Standard ST-22 for proper pipe installation.
The holes for bells and fittings shall be excavated by hand, to a width providing uniform bearing of at least sixty percent (60%) of the pipe I.D. It is the intention of these requirements to provide firm, uniform bearing for the pipe.
When additional gravel, crushed rock, or imported backfill material is required to stabilize a soft, wet, or spongy foundation, such gravel, crushed rock, or imported backfill material shall be furnished at the Contractor's expense.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor.
18.13 BRACING AND SHORING. Excavation shall be supported as set forth in the rules, orders, and regulations of the State Division of Industrial Safety. If the Contractor desires to deviate from the safety orders, he shall submit data by a registered civil engineer to the State Division of Industrial Safety, justifying the alternate procedures to be used. Failure to comply with any of these rules, orders and regulations shall be sufficient cause for the State Division to immediately suspend all work. Compensation for losses incurred by the Contractor by such an emergency suspension shall not be allowed. During backfilling, the bottom of the shoring shall be kept above the level of the backfill at all times.
Section 6422 of the California Labor Code required the Contractor to submit to the Engineer a detailed plan, drawing the design of shoring, bracing, sloping or other provisions to be made by the Contractor for the purpose of worker protection from the hazard of caving ground during the excavation of trenches necessary for the construction of the project. If such plan varies from the shoring system standard established by the Construction Safety Orders, the plans shall be prepared and certified by a registered civil or structural engineer; however, use of systems that are less effective then those required by the Construction Safety Orders is prohibited on this project.
Nothing in this requirement, or within Section 6422 of the Labor Code, shall be construed to impose tort liability to the Owner, City, or Employees.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included D-7
in the various items of work and no additional compensation will be allowed therefor.
18.14 TRENCH BACKFILL. The Contractor shall secure any portion of open trenches from public access.
Trenches shall not be left open farther than three hundred (300) feet in advance of pipe laying operations or two hundred (200) feet to the rear thereof, unless otherwise permitted by the Engineer.
BEDDING AND BACKFILL. All work shall conform to the applicable sections of the Standard Specifications.
Bedding class shall be Class I or II as grouped by ASTM D-2321.
Backfill materials in the pipe zone shall be placed in layers not to exceed twelve (12) inches simultaneously, on each side of the pipe, in such a manner as not to damage or disturb the pipe or its alignment and grade.
Backfill material above the pipe zone shall be free of deleterious materials and lumps or stones exceeding three (3) inches in greatest dimension and shall be placed in layers not exceeding eighteen (18) inches. Each layer shall be thoroughly compacted by vibratory or mechanical tamping, or by a combination of these methods. Flooding and jetting shall not be allowed. There must be at least one foot of cover over the pipe before compaction above the pipe zone will be allowed.
Imported bedding and backfill material shall be obtained, and any excess bedding and backfill material shall be disposed, by any legal means at the disposal of the Contractor.
ACHIEVING FIRM BEDDING BELOW PIPE SPRINGLINE. Contractor shall provide "firm bedding" support for the pipe below the springline. Firm bedding means that the pipe must rest on the granular material specified previously in the Specifications.
Bell or coupling holes shall be carefully excavated at proper intervals, so that no part of the load is supported by the bells or couplings. During bedding and backfilling, consolidation of material around and under bells and couplings shall be avoided.
Contractor shall shovel-splice or hand tamp bedding in the haunch areas, as this will minimize voids beneath the pipe and in the haunch areas. Shovel-slicing or hand tamping shall be done before the bedding is brought up to the quarter point of the pipe.
INITIAL BACKFILL. "Bedding Material" as specified by ASTM 2321-8 shall be used in the pipe zone for initial backfill. After the pipe has been properly laid and inspected, initial backfill shall be placed on both sides and over the pipe to such a depth that, after thorough consolidation, the final depth shall be at least to the elevation shown on the plans. The material shall be consolidated by vibratory or mechanical tamping and the equipment and manner of tamping must be approved in writing by the Engineer prior to commencing operation. Impact equipment may be allowed under the direction of the Engineer. However, the Contractor is responsible for any damage resulting from the use of this equipment. Hydra-Hammer will not be permitted.
SUBSEQUENT BACKFILL. Above the level of initial backfill, the trench may be backfilled with native material with native material resulting from trench excavation, or at the option of the Contractor, select imported materials may be used. Native material or imported material may be compacted by tamping and/or rolling, using equipment and methods approved by the Engineer.
When the Contractor compacts by tamping and/or rolling, the backfill material shall be placed in layers not exceeding eighteen (18) inches in loose depth, each layer being thoroughly compacted by tamping and/or rolling before succeeding layers are placed.
Compaction of subsequent backfill within two and one-half (2-1/2) feet of finished permanent surfacing grade shall be accomplished by tamping and/or rolling as specified above. Where the trench is within the pavement on existing streets, the backfill within two and one-half (2-1/2) feet of finished permanent grade shall be compacted to ninetyfive percent (95%) relative compaction.
Subsequent backfill placed by tamping and/or rolling shall be free from stones or lumps exceeding three (3) inches in greatest dimensions, vegetable matter, or other unsatisfactory materials.
In no case shall jetting be allowed for backfill compaction within the street. When approved by the Engineer, jetting may be used in landscaped areas.
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BACKFILL TESTING AND COMPACTION. Testing of backfill materials and compaction shall be in accordance with Section 6-3, “Quality” and Section 19, “Earthwork”, of the Standard Specifications.
Each layer of backfill shall be thoroughly compacted to the relative compaction of not less than is shown on City of Bakersfield Standard ST-22. Relative compaction shall be determined by California Test Methods 216 or 231, or ASTM (current edition) D1557 and one of the following D2922 or D1556. Each layer of backfill material shall meet the compaction, sand equivalent, and gradation requirements before the next layer is placed.
If the relative compaction, as determined by testing, fails to meet the specified percentage, the trench shall be reexcavated and re-compacted.
The initial compaction test and any retests, for each location, will be paid for by the Contractor. Contractor shall provide the City 72 hours notice prior to all compaction testing requests so that a representative can be present.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the various items of work and no additional compensation will be allowed therefor.
18.15 SEWER PIPE. Sewer pipe shall conform to the plans and these special provisions.
Contractor shall utilize Poly Vinyl Chloride Pipe (PVC) smooth wall as specified in these special provisions.
POLYVINYL CHLORIDE PLASTIC PIPE (PVC) SMOOTH WALL. Plastic pipe shall conform to the provisions in Section 64, "Plastic Pipe", of the Standard Specifications and these special provisions.
Polyvinyl chloride plastic pipe (PVC) smooth wall shall be a minimum of SDR 35. Pipe and fittings shall be homogeneous throughout and free from cracks, holes, foreign inclusions or other injurious defects and shall be manufactured and tested in accordance with ASTM F-679 (T-1 wall).
Series 10 permalock storm drain pipe will not be accepted.
Gaskets shall meet the requirements of ASTM F477 and be molded into a circular form or extended to the proper section and then spliced into circular form and shall be made of a properly cured high grade elastomeric compound.
The basic polymer shall be natural rubber, synthetic elastomer or a blend of both. The lubricant used for assembly of gasket joints shall have no detrimental effect on the gasket or on the pipe. Contractor shall have the manufacturer furnish a certificate of conformance to these specifications.
Manhole connections shall include sealing gaskets similar to joint gaskets or a pre-formed, self-bonding, self-sealing plastic gasket recommended by the pipe manufacturer and approved by the Engineer.
DEFLECTION MEASUREMENT OF PLASTIC PIPE. Thirty (30) days after the completion of laying pipe the Contractor shall measure pipe deflection by pulling a go-no-go five percent (5%) mandrel. The mandrel diameter will be calculated using the following formula:
Mandrel Diameter = Base Pipe I.D.-(Y/100 x Base Pipe I.D.) Where Y = Allowable Deflection in percent, five percent (5%) Base I.D. = Actual inside pipe diameter (provided by pipe manufacturer) The mandrel shall have an odd number of vanes with seven (7) minimum.
Any section of installed pipe that fails the mandrel test shall be excavated, re-backfilled, re-compacted and retested until the mandrel test can be passed. Re-rounding will not be allowed.
HANDLING OF MATERIALS. All pipe, fittings, specials and castings must be carefully handled at all times. Only suitable and proper equipment and appliances shall be used for the safe loading, hauling, unloading, handling and placing of materials. Special care shall be exercised so that performed resilient joints on pipe and fittings will not be damaged. Any pipe or fittings with a joint damages or flattened will cause that pipe or fitting to be rejected.
PIPE LAYING. No pipe shall be laid until the Engineer inspects and approves the condition of the bottom of the trench. Pipe shall be installed in strict accordance with the manufacturer’s recommendations.
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Pipe laying shall begin from the downstream end of the trunk sewer or as directed by the Engineer. Pipe laying shall proceed with each piece laid true to line and grade, and in such manner as to form a close concentric joint with the adjoining pipe and to prevent sudden offsets in the flow line. As the work progresses, the interior of the pipe shall be cleared of all dirt and debris of every description. Pipe shall not be laid when the condition of the trench or the weather is unsuitable. At times when work is not in progress, open ends of pipe and fitting shall be closed.
With belled end pipe, bell holes shall then be excavated at each joint to facilitate the joint operations, and shall be only of sufficient size for that purpose. In order that bell holes may be properly located, not more than six (6) holes shall be excavated ahead of actual pipe laying, on account of the variations in joint construction operations.
CUTTING PIPE. The Contractor shall perform all work of cutting pipe and special castings necessary to the assembly, erection, and completion of the work. All pipe shall be cut to fit accurately, with smooth edges and faces.
The Contractor shall be responsible for the correctness of cutting and no additional compensation will be allowed for any materials which are damaged or incorrectly cut.
CLEANOUTS. Cleanouts shall conform and be constructed in accordance with City Standards SW-5 and SW-6.
Cleanouts constructed on through sewer line shall utilize wye-tees for the cleanout riser.
CLEANING PIPE LINES. Care shall be exercised in laying of pipe lines to exclude dirt and any other foreign materials. When pipe laying is interrupted, as at night, the pipe ends shall be suitably closed. Upon completion, and before placing into service, all lines shall be flushed and balled to remove any dirt or foreign material which would clog pumps, equipment, etc.
The Contractor shall make provisions for preventing foreign material from being flushed into an existing storm sewer line.
PIPELINE TESTING. All sewers shall be tested for tightness when completed and ready for service. Testing shall be conducted in accordance with the Uniform Plumbing Code Air Test Method UPC Section 318-6(4), or the water exfiltration test or air pressure test per Section 306-1.4, "Testing Pipelines", of the Standard Specifications for Public Works Construction, current edition.
PAYMENT. Sewer (various sizes) shall be paid for at the contract unit price per lineal foot, which price shall include full compensation for cleanouts, furnishing all labor, materials, tools and equipment and for doing all work in installing sewer pipe as specified.
No additional compensation will be made if an adjustment, when directed by the Engineer, of as much as one (1) foot is made to the elevation of the pipe flowline.
18.16 WATER SERVICE: Water service shall be constructed in the locations specified on the approved plans and in accordance with the following.
CONNECTING TO EXISTING SYSTEM: During construction, new water systems shall remain separate and disconnected at all times from existing domestic water systems. The new waterline may only be opened to the existing system after completion of hydrostatic testing, disinfection, and acceptance of bacteriological test(s) by Inspector.
Contractor shall locate the existing 2” water service line in the area shown on the plans. Connection shall be made under a hot tap procedure with an approved saddle tee fitted with a brass ball valve or corporation stop.
Waterline shall be PVC schedule 80 with glued joints. Gluing of joints shall be in accordance with pipe manufacturer’s recommendations. A precast valve box with secured lid (Christy Box No. B-36 or approved equal) shall be installed to ground level with a 6” gravel base.
HYDROSTATIC (LEAKAGE) TESTING: Hydrostatic (leakage) testing shall be performed by Contractor on newly constructed and/or repaired water systems under the direction of Inspector and in accordance with the following.
Water Source: Source water for testing procedures shall be a temporary connection to the domestic water system which location shall be determined by Inspector and shall include a Contractor supplied backflow prevention device certified by the County of Kern to protect water source.
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Testing Procedure: Upon approval of Inspector, Contractor shall perform hydrostatic testing in accordance with the following procedures:
In coordination with Inspector, Contractor shall pretest water system with potable water to one hundred fifty (150) psi using a pump.
After a minimum of two (2) hours and Contractor is confident the system is maintaining one hundred fifty (150) psi, Contractor shall notify Inspector. Inspector shall then provide and install a pressure chart recorder to monitor pressure.
Pressure shall be monitored for a minimum testing period of four (4) hours.
Testing Results: Water systems are considered to have passed if Inspector determines from the pressure chart recorder that no pressure was lost in the system during the testing period. If Inspector has determined pressure has been lost during the testing period then the test is considered a failure. Contractor shall determine the location of and remedy the leak(s) and restart the testing procedure.
After Test Flushing: After water system has passed the hydrostatic test Contractor shall flush the system to the satisfaction of Inspector.
WATER SYSTEM DISINFECTION: Disinfection of water systems shall be performed by Contractor on newly constructed and/or repaired water systems under the direction of Inspector and in accordance with the latest revision of AWWA C651, including the latest revisions of AWWA C652, B300, and B301 and shall be in accordance with the following.
Compliance with Laws and Regulations: All disinfection procedures and materials shall comply with all Federal, State, and local laws and regulations.
Water Source: The source water for disinfection procedures shall be a temporary connection to the domestic water system which location shall be determined by Inspector and shall include a Contractor supplied backflow prevention device certified by the County of Kern to protect water source.
Disinfection Method: The disinfection method(s) (tablet, continuous feed, slug, and/or spray) shall be approved by Inspector and performed by Contractor in accordance with AWWA C651.
Disinfection Materials: All disinfection materials shall be approved by Inspector, comply with NSF/ANSI 60, and shall be in accordance with AWWA B300 and B301.
BACTERIOLOGICAL TESTING: Bacteriological testing shall be performed by Inspector after disinfection procedures. Location of testing and quantity of samples taken shall be determined by Inspector. If bacteriological test results fail or indicate unacceptable water quality as determined by Inspector, Contractor shall reflush the system and Inspector shall retest. If subsequent testing fails again, Contractor shall repeat disinfection procedures until satisfactory test results areproduced.
PAYMENT. Water Service shall be paid for at the contract unit price per lineal foot, which price shall include full compensation for mainline tie-in, trenching and backfill, valve box, furnishing all labor, materials, tools and equipment and for doing all work in installing Water Service as specified.
18.17 MISCELLANEOUS CONCRETE CONSTRUCTION. Portland Cement concrete curbs, median curbs, sidewalks, wheelchair ramps, cross drains, drive approaches, driveways and miscellaneous construction shall conform to these special provisions and the provisions in Section 73, "Concrete Curbs and Sidewalk", of the Standard Specifications except that the concrete shall contain not less than 505 pounds of cementitious material per cubic yard. When the City of Bakersfield standard drawings specify a class of concrete, the following shall apply:
Specified “Class A” shall be not less than 590 pounds of cementitious material per cubic yard Specified “Class B” shall be not less than 505 pounds of cementitious material per cubic yard Structural concrete shall be Class A. Concrete curbs, median curbs, curb and gutter may be constructed by the fixed form method or by extrusion or slip forming. However, it is required to use equipment which is controlled automatically for alignment, grade, and cross slope by sensing from preset string lines for construction using the D-11
extrusion or slip form methods.
MEASUREMENT AND PAYMENT.
Except for Minor Concrete (Sidewalk - 4”), full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor.
Quantities of Minor Concrete (Sidewalk - 4”) will be paid for at the contract price per square foot of sidewalk.
Sidewalk is herein classified as Class A.
Quantities of Minor Concrete (ADA Ramp and Sidewalk) will be paid for at the contract price per square foot of driveway. ADA Ramp and Sidewalk is herein classified as Class A.
The above prices and payments shall include full compensation for furnishing all labor, materials (including adhesive, or reinforcing steel and dowels for anchoring curbs to existing pavement), tools, equipment and incidentals, and for doing all the work involved in constructing curb, gutter depressions, sidewalks, wheelchair ramps, cross drains, drive approaches, driveways, and median curbs complete in place, including but not limited to, saw cutting, excavation, compaction, concrete removal, pavement removal, driveway tie-in, and pavement tiein, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.
18.18 RESTROOM BUILDING PAD PREPARATION. The Contractor shall prepare the foundation pad for the Prefabricated Restroom Building furnished by the City. In accordance with the Plans, Standard Specifications and these special provisions. Refer to Section 19, “Prefabricated Restroom Building”, of these special provisions for requirements.
The City of Bakersfield Building Department will require Foundation Inspection (Pad Certification), Plumbing Connection Inspection, Sewer Connection Inspection and Electrical Connection Inspection. A building permit from the City of Bakersfield Building Department will be required and shall be obtained by the Contractor.
PAYMENT. The contract lump sum price paid for the Building Pad Preparation shall include full compensation for each restroom site, shall include full compensation for all labor, material, tools, equipment and incidentals, permits and fees, and for doing all work involved in the Restroom Building Pad Preparation as detailed on the plans and as specified herein. Permits and permit fees, all labor, materials, tools, equipment and incidentals, and for doing all work involved in site preparation, underground utilities, connection of utilities, and any other item necessary for the total completion and function of the Building Pad Preparation, as shown on the plans, as specified in the Standard Specifications and these special provisions and as directed by the Engineer.
18.19 DELETED.
18.20 TURF RE-ESTABLISHMENT. Contractor shall restore the use of any disabled irrigation rotors and spray heads and re-establish the growth of all turf areas affected by the construction of the restroom facility. In addition, contractor shall relocate and/or modify the existing irrigation including but not limited to adding rotors, spray heads, valves or other materials as deemed necessary for proper turf/planter irrigation coverage with regard to the new concrete flatwork surrounding the restroom and all other work affected by this project. All repairs and turf re-establishment shall be in accordance with City of Bakersfield Landscape & Irrigation standards.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor.
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SECTION 19 ELECTRICAL EQUIPMENT CONSTRUCTION
19.01 FURNISH AND INSTALL ELECTRICAL EQUIPMENT. Contractor shall furnish and install the electric equipment described in Division 16 – Electrical Specifications attached hereto. Said work shall include all underground conduits necessary to complete the electrical distribution system a shown on the plans. Electrical conduits shall have 30” minimum cover from finished grade.
POWER SOURCES.
Jefferson Park - The contractor is to furnish install and connect to a new 100 AMP, 3 Phase breaker and disconnect panel to be located in a spare location in the existing main panel in the existing utility room in the swimming pool building. Two empty two inch conduits exist in a run from the existing main pool panel to an existing pull box on the south side of the pool building. The contractor is to furnish and install two new conduit runs from the existing pull box on the south side of the swimming pool building to new pull box on the east side of the new restroom and then to the new restroom building service panel. Conductors are to be installed in the westerly conduit run and complete the electrical connection for the new restroom. The easterly run is to be provided with pull rope for a future electrical installation.
Stiern Park - The contractor is to furnish install and connect to a new 100 AMP breaker and disconnect panel to be located in a spare location in the existing main panel in the existing park utility building. The contractor is to furnish and install conduit and conductors and ground from the park utility building new subpanel to the new restroom building service panel.
WIRING. All underground conductors are to be type XLPE, USE-2RHW with a minimum insulation thickness of
0.060”. Conductors in light poles can be type THW Cu, or THWN Cu. Splices in pull boxes are to have 3M ITSCN heat shrink and Ilsco CT type compression sleeves and as directed by the City Engineer.
PAYMENT. Full compensation for Electrical as specified will be paid for at the contract lump sum price, which price shall include full compensation for furnishing all labor, materials, tools and equipment and for doing all the work involved in Electrical as specified.
19.02 PULL BOXES. Pull boxes are to be traffic rated type with galvanized lids marked as ELECTRICAL. All pull boxes shall conform to City of Bakersfield Standard ST-23.1. Ground frame of pull boxes with direct bury rated mechanical lug, Ilsco GBL-4DBTH-14 or approved equal.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the lump sum price paid for the Lump Sum Bid, and no additional compensation will be allowed therefor.
19.03 CONCRETE STRUCTURES. Portland cement concrete structures shall conform to the provisions in Section 51, "Concrete Structures", of the Standard Specifications and these special provisions.
Contractor shall construct the reinforced concrete equipment pad per the plans including all electrical conduits necessary for a complete operating system.
PAYMENT. Full compensation for conforming to the requirements of this article shall be considered as included in the lump sum price paid for the Lump Sum Bid price for each of the two restroom locations, and no additional compensation will be allowed therefor.
SECTION 16000. Section 16000 follows herewith and is incorporated as a part of these special provisions.
Section 16000 ELECTRICAL SPECIFICATION
GENERAL
A. The foregoing General Provisions, Special Provisions, Technical Specifications, and supplements thereto and all requirements of the General contractual requirements of these Specifications shall form a part of this section with the same force and effect as though repeated herein. The provisions of this section shall apply to all of the following sections of these Specifications.
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B. All electrical equipment and material and its installation shall conform to the current requirements of the latest editions from the following authorities:
1. Occupational Safety and Health Act (OSHA).
2. National Electrical Code (NEC).
3. California Code of Regulations (CCR).
a. Title 8, California Electrical Code.
b. Title 19, Fire and Panic Safety Standard.
c. Title 24, Building Standard.
4. Uniform Building Code, Fire and Panic Safety.
5. Uniform Mechanical Code.
6. Uniform Plumbing Code.
7. National Fire code.
NOTE: Where two or more codes conflict, the most restrictive shall apply. Nothing in these Plans and Specifications shall be construed to permit work not conforming to applicable codes.
C. The tests, standards, or recommended procedures of the following agencies shall relate to all parts of these Specifications and shall be considered a minimum:
1. American National Standards Institute (ANSI).
2. Underwriters Laboratories, Inc. (UL).
3. National Electrical Manufacturers Association (NEMA).
4. Electrical Testing Laboratories (ETL).
5. National Fire Protection Association (NFPA).
6. Insulated Power Cable Engineers Association (IPCEA).
7. Institute of Electrical and Electronic Engineers (IEEE).
8. Illumination Engineering Society (IES).
9. National Electrical Testing Association, Inc. (NETA).
D. The Contractor shall provide all materials, tools, equipment, labor and services necessary to furnish and install complete working electrical systems as shown on the Plans and described within these Specifications. The electrical contractor shall furnish all power supplies equipment, disconnects, circuit breakers, controls, and any other work as called for in the other Sections of these Specifications and Plans as well as all electrical and electrical related work as called for in the Specifications and Plans. All systems, at project completion and before final acceptance, shall be demonstrated to have a complete and working functional operation. The work includes but is not specifically limited to items indicated below.
1. Electrical Distribution and Communication:
a. Electrical Service: Voltage and Phase does vary, see Plans for details. b. Furnish and install new electrical systems as shown. c. Contractor to verify all utility service arrangements with utility representative prior to start of all work.
2. Installation and connection of Equipment:
d. All trenching, conduits, and wires to connect all equipment in need of electrical power or controls.
e. Termination of all electrical control and power conductors into all panels either furnished and installed by the Contractor, furnished by Others and installed by the Contractor, and furnished and installed by others.
f. Mounting and securing of all electrical related equipment given to the Contractor by Others.
Section 16110 DESCRIPTION AND INSTALLATION OF SYSTEMS
A. The electrical drawings are diagrammatic and do not necessarily show all raceway, wiring, number or types of fittings, offsets, bends or exact locations of items required by the electrical systems. Materials not shown or indicated, which are clearly necessary for proper operation or installation of systems shown, shall be provided at not increase in contract price.
B. The exact routing of systems and location of devices and equipment shall be governed by coordination with other trades and placement of pumping and related piping systems. The Electrical Engineer reserves the right, at no increase in contract price, to make reasonable changes in location of electrical equipment or wiring D-14
system so as to coordinate with other systems, to group them into orderly relationships, or to increase their utility. Contractor shall verify requirements in this regard prior to roughing in.
C. Install electrical work in cooperation with other trades; make proper provisions to avoid interferences. All changes caused by neglect to make such cooperation shall be at Contractor’s expense. Provide offsets and special fittings, as required to facilitate installation of the work.
D. When a particular product or type of product is specified with a manufacturer’s designation, the latest published specifications, installation, and construction information of the manufacturer shall constitute the minimum acceptable standard. Any substitutions shall be made in accordance with these complete specifications.
Section 16120
EXAMINATION OF DOCUMENTS AND SITE
A. Before submitting a proposal, each bidder shall carefully examine the electrical, civil, mechanical and structural drawings and specifications as applicable. He shall also visit the sites and fully inform himself as to all existing conditions and limitations applying to the work. If, after such examination and study, it appears that any change in the Drawings and Specifications should be allowed, the bidder shall so state in writing to the Engineer.
B. By the act of submitting a proposal, each bidder shall be deemed to have made such examinations of the Drawings and Specifications and premises, and it will be assumed that he is therefore familiar with the entire scope of the project and has based his proposal upon the work described in the Plans and Specifications and upon all existing conditions and limitations applying to his work.
Section 16200
EXECUTION
A. The work shall be performed by competent workmen skilled in the particular phase of the work entailed. The work shall be first class throughout, neat, accurate and in full accordance with the intent of these Specifications, and to the satisfaction of the Electrical Engineer.
B. All standard safety procedures as set forth by OSHA, CCR, and California Division of Industrial Safety shall be strictly adhered to.
C. All exposed work shall be thoroughly cleaned upon completion of work. Panel board enclosures, fixtures and equipment, where finish has been marred in shipment or installation, shall be completely refinished. Minor finish damage shall be rectified as indicated by the Electrical Engineer. Contractor shall remove from the site all waste and rubbish resulting from his work.
D. For work of this Specification, Contractor shall secure necessary permits and licenses, pay fees and deposits, and arrange for inspection, as required by applicable governmental rules, regulations, codes, and ordinances.
Include any applicable utility cost associated with the electrical service work.
E. The Electrical Contractor shall modify or remove the existing electrical installation as required by the alternations within the area of work. All removed material not to be reused or retained by the Owner shall become the property of the Contractor and shall be removed from the site.
F. The Contractor shall personally, or through a competent representative, constantly supervise the work from beginning to completion and final acceptance. He shall cooperate fully with the inspection authorities in the provision of information and access to the work. He shall, to the best of his ability, maintain the same job foreman throughout the life of the project unless a replacement is requested or authorized by the Electrical Engineer.
G. The Contractor shall furnish all labor and test equipment required to fully test and adjust the equipment installed under this specification and demonstrate its proper operation, in accordance with the following:
1. A test must demonstrate that each piece of equipment, outlet, fixture, device, and appurtenance is in sound operating condition and in proper cooperative relation to associated equipment.
2. Calibrate and adjust all signals and devices to assure they reflect the physical conditions.
3. Submit complete test reports with maintenance manual submission.
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H. Any portion of the work, which does not perform satisfactorily, or any defects, which are disclosed by testing, shall be corrected by Contractor at his expense before work will be accepted.
I. The Contractor agrees to replace or repair, to the satisfaction of the Owner, any part of the installation, which may fail due to defective material and/or workmanship or failure to follow Plans and Specifications, for a period of one (1) year after final acceptance. Any damage to other work resulting from such failure or the correction thereof shall be remedied at the Contractor’s expense. The Contractor shall further secure from the manufacturers of special equipment, such as signal systems, their respective guarantees and deliver same to Owner. Guarantees between Contractor and his suppliers shall not affect guarantees between Contractor and Owner.
Section 16220
SUBSTITUTIONS
A. Those products, or types of products, listed and specified are intended to set the standard for quality, design, and installation procedure required for the project. The Contractor shall not substitute other materials, products or systems without the written approval of the Electrical Engineer.
B. All requests for substitution shall be made in accordance with the General Conditions.
C. Acceptance of substitutions shall not relieve the Contractor from responsibility for complying with requirements of the Contract Documents. The Contractor shall be responsible for changes in other parts of the work occasioned by his substitutions and shall bear the expense.
Section 16230
SUBMITTALS
A. Make submittals for all material to be used on the project, whether as specified or substitutions in accordance with General Conditions and the following:
1. All submittals shall be neat and bound in a suitable folder or binder.
2. Identify each item by manufacturer, brand, trade name, number, size rating, and whatever other data is necessary to properly identify and check materials and equipment. Words “as specified” are not sufficient identification.
3. Identify each submittal item by reference to Specifications section paragraph in which item is specified, or Drawing or Detail number.
4. All submittals shall be submitted in coherent groups, e.g., all light fixtures at one time. No partial or incomplete submittals will be accepted.
5. Organize submittal in the same sequence as they appear in specification sections, articles, or paragraphs.
B. Upon product review, submit shop drawings showing physical arrangement, wiring diagrams, construction details, finishes, materials used in fabrication, provisions for conduit entrance, access requirements for installation and maintenance, physical size, electrical characteristics, foundation and support details, weight, power sources, circuit numbers, and shall be compatible with the Contract Drawings and Specifications. Show wiring as actually installed, connected, and identified for this specific project. Include identification of cables and cable conductors. Show elementary and schematic wiring diagrams for all panel boards, motor control centers, and special control cabinets. Include elevations of all equipment showing placement of all materials and define location and numbering of terminal blocks identifying point of attachment for all incoming field wires.
Shop and instruction drawings shall cover the equipment or device to be installed and not merely the general class of such equipment or device.
Section 16240
DOCUMENTATION
A. The Contractor shall furnish to the Engineer a complete set of “as constructed” drawings which clearly indicate all deviations from the basic Contract Drawings, including exact dimensioned locations and depths for all stubbed conduits, location and size of spare conduits and conductors, all new and uncovered existing work D-16
outside the buildings, power feeder runs, and communications “primary” conduit runs per requirements of the General Conditions. Corrections and changes shall be kept up-to-date at all times.
B. All submittals and shop drawings shall be resubmitted with record drawings showing all revisions and changes made, clearly marked with field termination wire so as to reflect actual construction record conditions. Revision and changes will be enumerated and new dates of drawings shown.
Section 16250
EXISTING SUB-SURFACE STRUCTURES
A. Any damage done to the existing system during the course of the electrical work, whose locations could reasonable be determined, shall be repaired to the satisfaction of the Owner and the utility or agency involved, at the expense of the Contractor. The Contractor will at the start of the project and before commencing any digging, boring, trenching, or any other penetration of the existing ground service call “USA UNDERGROUND” to locate and identify any and all utility facilities within the area of work.
Section 16260
OPERATION AND SERVICE MANUALS
A. Information contained in the manual shall consist of 8-1/2” x 11” size catalog data on each item, together with parts lists, description of operation, maintenance information, shop drawings, wiring and riser diagrams, and test reports as installed. Catalogs and data in the manuals shall be near, clean copies. Drawings shall be accordion folded to letter size and installed in an envelope within the manual. An index shall be provided, which shall list all contents in an orderly manner with the respective equipment supplier’s name, address and telephone number, and the manufacturer’s recommended servicing instructions. Diagrams shall be complete for each system installed. Provide divider sheets with identifying tabs between each category.
Section 12300
PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
A. Unless otherwise provided, the Contractor shall repair or replace all existing improvements (e.g., curbs, sidewalks, driveways, fences, signs, utilities, street surfaces, structures, etc.) damaged or removed as a result of his operations. Repairs and replacements shall be at lease equal to existing improvements and shall match them in finish and dimension.
Section 16310
EXCAVATING FOR ELECTRICAL WORK
A. Do not excavate for electrical work until work is ready to proceed without delay, so that total elapsed time from excavation to completion of backfilling will be minimal.
B. Unless otherwise noted, minimum earth cover above conduit shall be 24”. Excavate for conduit with 2” clearance at both sides of conduit, except where otherwise shown or required for proper installation of joints and fittings. Excavate for other electrical work to provide minimum practical but adequate working clearances.
Section 16320
BACKFILLING
A. Except as otherwise indicated, backfill with properly qualified backfill material.
B. Backfill with finely graded subbase material to 6” above conduits.
C. Backfill excavations in 6” high courses of backfill material, uniformly compacted to the following densities (% of maximum density, ASTM D 1557), using power-driven hand-operated compaction equipment. If backfill is determined to be suitable and required compaction is demonstrated by laboratory test, water compaction in 6” layers may be used, subject to review by Engineer.
Lawn/Landscaped Areas: 85%
Paved Areas, Other Than Roadways: 90%
Roadways: 95%
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D. Backfill to elevations matching adjacent grades, at time of backfilling excavations for electrical work.
Section 16330
PERFORMANCE AND MAINTENANCE, EXCAVATION WORK
A. Where subsidence is measurable or observable at electrical work excavations during general project warranty period, remove surface (pavement, lawn, or other finish), add backfill material, compact, and replace surface treatment.
B. Restore appearance, quality and condition of the surface or finish to match adjacent work, and eliminate evidence of restoration to greatest extent possible.
Section 16410
CONDUIT MATERIALS AND COMPONENTS
A. Threaded rigid metal – All locations as follows excepting those specifically indicated for PVC. All exterior locations above grade or as shown on Plans. Rigid and Intermediate conduit shall be new galvanized threaded, conforming to UL 6. All couplings and connectors shall be threaded. All rigid steel conduit installed in contact with the earth will have a PVC outer covering and be installed with the proper tools according to the manufacturer’s specifications.
B. PVC Sch 40 and 80 – Underground locations and below vapor barrier of slabs, and in solid grouted masonry walls where wall entry and exit points are made with rigid galvanized steel. No plastic conduit shall be installed in slab floors or in exposed locations. P.V.C. conduit shall be Type 40 heavy thick wall polyvinyl chloride conduit, Underwriters’ Laboratories tested, furnished in 10 or 20-foot lengths, conforming to UL 651-77.
C. Boxes shall be one-piece die formed galvanized steel of shape and with fittings necessary to suit location and use. Boxes shall be of sufficient size to contain all wires, devices, and connection fittings required without crowding, minimum 2 gang.
D. Exposed Boxes shall be cast type with gasketed weatherproof cover.
E. WIRE.
1. Feeder and Branch Circuit Wire: Copper type THWN/THHN, 600 volt, from new fresh stock, bearing UL label; Size as per plans. All conductors shall be stranded copper.
2. Wire Subject to oil or gasoline environment shall be oil resistance, type letter MTW and approved for application.
Section 16420
INSTALLATION OF CONDUIT RACEWAYS
A. INSTALLATION AND CLEANING.
1. Install free from dents, kinks and bruises. Plug ends at time of installation to prevent entry of dirt or moisture. Thoroughly clean out conduits before installing conductors. Thoroughly clean all exposed conduit exteriors.
2. Provide tagged pullwire in all empty conduits. Pullwire shall be 3/16” stranded nylon with a minimum breaking strength of 800 pounds. Leave 36” free coiled each end.
3. Plastic conduit shall be installed in accordance with manufacturer’s recommendations and accepted trade practice. Where plastic conduit runs rise above ground in exposed locations, the riser bend and riser shall be of 40 Mil PVC coated galvanized rigid metal conduit installed according to rigid metal portion of this specification section.
4. All plastic and flexible conduits shall carry a grounding bond wire with the size as shown, or where not show, as determined by applicable codes for the ampacity of the circuit being carried.
B. All metallic conduits installed in contact with earth, or in concrete in contact with earth, shall be coated with a minimum 40 Mil PVC coating on all conduit lengths and fittings. The coating shall correspond to ATSM D638- 68, D1706, D140-64, and D746-64T Specifications and Federal Test Standard 141, Method 615z. Coating shall be continuous without flaws showing exposed metal. Coating shall extend to the device conduit is D-18
terminated to in exposed locations and 12” above grade in unexposed locations.
Section 16430
INSTALLATION OF EXTERIOR IN-GROUND PULL BOXES
A. Where pull boxes are used without bottoms, they shall be set on ¾” inches crushed rock of a volume equal to that of the pull box used and bottom grouted with ½” drain hole.
B. Where pre-cast units are used, all joints are to be tongue and groove, sealed with a suitable sealer all per COB Standard Detail ST-23.1.
C. Where conduits enter, they shall be properly bushed and extended a minimum ½” from inside of wall into pull box. They shall be provided with 90 degree bends into pull box and be a minimum 6 inches below pull box cover.
D. All conduits entering pull boxes and manholes shall be sealed watertight with suitable duct sealing compound.
Section 16440
INSTALLATION OF WIRE
B. Provide all wiring for complete electrical work, installed in code conforming raceway.
C. Color coding shall be strictly adhered to and shall be as follows:
1. Color coding for 120/208/240-volt systems shall be:
A Phase-Black B Phase-Red C Phase-Blue
Neutral-White Ground-Green
2. Color coding for 277/480-volt system shall be:
A Phase-Brown
B Phase-Yellow
C Phase-Orange
Neutral-Gray
Ground-Green
3. Color-coding utilized shall be noted on electrical “as constructed” drawings and shop drawings.
4. The color coding for control circuit wires will be as noted on the Plans or as agreed upon with the Electrical Engineer and will be of a color other than that designated for the phase wires. Where control wires are installed and various colors are used, they shall be noted on them “as constructed” drawings and shop drawings turned in at the completion of the job.
D. Use approved wire pulling lubricant for pulling #4 AWG and larger wire. Oil or grease is prohibited as a conductor pulling lubricant. All conductors #8 and smaller shall only be pulled by hand.
E. SPLICES.
1. Splice only in accessible junction or outlet boxes.
2. Wiring in panel boards, switchboards, and cabinets shall be neatly installed. Wiring shall be grouped, laced or clipped, and fanned out to wiring terminals.
E. In addition to all other requirements for identification and marking of wires, panel boards, and junction boxes the following shall be strictly adhered to.
1. The identification of individual wires terminating in either junction boxes, circuit breakers, terminal strips, or on control devices shall be done by means of waterproof permanent black ink on plastic Brady label.
Section 16450
DISTRIBUTION AND GROUNDING
A. Furnishing and installation of a complete electrical distribution, and grounding system.
B. NAMEPLATES.
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1. Laminated engraved phenolic plastic, color coded red for 277/480 volt equipment, black for 120/240 volt equipment, with white letters. Provide for identification of each piece of equipment, switchboards, transformers, panel boards, disconnects and enclosed breakers, motor control centers. A schedule of nameplates shall be included with the shop drawings for approval. Nameplates shall be secured to face with permanent adhesive and two (2) chrome plated self-tapping screws.
C. Provide cast saddle type bolted lugs, or hydraulically set compression lugs, for all bus connections.
Manufacturer shall be Thomas and Betts, Burndy, O-Z Gedney or approved equivalent.
D. MISCELLANEOUS.
1. Equipment Bases: Provide appropriately sized concrete housekeeping bases for all indoor floormounted equipment. Provide concrete pads for all distribution and/or service or control panels mounted outside. Pads will be raised a minimum of 1” above final finish grade with 36” clear space in front of structure when secured to concrete slab. Check for any 7-s, with details, on Plans. Pad will be a minimum of 2” larger than outside dimensions of structure and a minimum of 6” thick with 4” square, #8 gage mesh. See details on Plans.
2. Hoisting Lifting Lugs: Provide on all heavy equipment as required to ensure safe hoisting.
3. Space for Future Protective Device: Provide as indicated on drawings; shall be completely equipped for the future addition of a circuit breaker or fused switch, including all connections.
4. All equipment enclosures shall be keyed alike where possible, and all outdoor cabinets shall have provisions for being locked closed by use of padlocks.
Section 16460
PRODUCTS
A. GROUNDING.
1. Clamps, bonds, etc., suitable and as necessary to provide continuous ground system.
2. Ground Rods: “Copperweld” ¾” diameter 10’ long.
3. All grounding conductors shall be copper, sizes not less than that required under NEC requirements.
B. EQUIPMENT.
1. All distribution panels shall have all branch circuit breakers as shown on the drawings plus additional circuit required for equipment or existing circuit to be connected to this panel.
2. Under ground pull boxes shall be constructed with high density reinforced concrete with reinforced concrete bolt down lid and base. The pull boxes shall be as specified on the drawings or approved equal.
3. All transformers shall have taps above and below normal voltage and sound level below 55 db. The transformers shall be energy efficient with 220 degree C insulation, 150 deg C rise.
4. Control devices such as photocells, time clocks, HOA selector switches and lighting contactors shall have minimum rating as shown on the drawings and shall meet the proper rating for the circuits they will be applied.
Section 16470
INSTALLATION OF GROUNDING
A. Provide grounding system complying with the codes and ordinances specified. Grounding system shall provide continuity through the entire electrical system.
B. Equipment and raceway bonding procedures shall be rigidly maintained and meet all jurisdictional requirements of codes and regulations.
C. Good, electrically continuous, metal to metal contacts shall be made wherever possible at all panel boxes, pull boxes, etc. Where it is not possible to obtain good contacts, the conduit shall be bonded around the boxes with a #6 B&S gauge, rubber covered, double braided wire with ground clamps.
D. Provide a separate grounding conductor in all flexible conduit runs to include watertight flexible conduit with integral grounding straps. Install ground conductors inside conduit with ungrounded conductors. Extend from D-20
nearest panel to device being connected.
E. All new service installations shall be grounded in accordance to code requirements and per plans.
Transformers shall be grounded on the secondary to a ground rod. If an existing service has not been adequately grounded to a ground rod or metal water piping, then a ground rod shall be installed at the new point of service.
F. Check resistance to ground at all locations (new and existing services and transformers). If resistance exceed 25 OHMS, install additional ground rods separated at least 6’-0” until resistance is reduced to 25 OHMS or less (CEC 250-84). Submit results to Engineer.
Section 16480
EQUIPMENT CONNECTIONS
A. Make all connections of power to all equipment along with installation of required disconnecting means.
Furnish all electrical disconnects, power supplies, and controls as noted within the electrical plans for equipment, control panels, lighting, receptacles, etc.
B. After all wiring to each unit is complete, the Electrical Contractor shall cooperate with Mechanical or Equipment Contractors in testing equipment for proper operation and shall correct wiring as required for proper operation.
Section 16490
ELECTRICAL CONTROLS
A. Furnish and Install electrical control items as shown.
Section 16500
MATERIALS
A General: Unless otherwise indicated, provide all first-quality new materials, free from any defects and suitable for the intended use and the space provided. Provide materials approved by UL wherever standards have been established by that organization.
Furnish and install all incidental items not specifically shown or specified which are required by good practice to provide the complete systems specified herein.
Where two or more units of the same class of material or equipment are required, provide products of a single manufacturer. Component parts of materials or equipment need not be products of the same manufacturer.
B Standard Products: Unless otherwise indicated, provide materials and equipment which are products of manufacturers regularly engaged in the production of such materials and equipment. Provide the manufacturer's latest design that conforms to these Specifications.
C Equipment Finish: Unless otherwise indicated, finish for electrical equipment shall be manufacturer's standard gray or ANSI 61 gray over a primer and rust inhibitor.
D Conduit:
1. Conduit, Galvanized Rigid Steel: Rigid steel conduit including couplings, elbows, nipples and other fittings shall be galvanized after fabrication by hot-dipping, electroplating, sheradizing, or metallizing process, and shall meet the requirements of ANSI C80.1 and ANSI C80.4, NEMA FB 1, UL-6, and NEC. Do not use setscrew-type couplings, Conduit bodies and covers shall be of cast malleable galvanized ferrous materials. Provide covers with gaskets.
2. Conduit, Rigid PVC: Rigid polyvinyl chloride (PVC) conduit shall be Schedule 80 UL listed for concrete encased, direct burial underground, and exposed use. Rigid PVC conduit including couplings, elbows, nipples and other fittings shall conform to the requirements of the latest edition of NEMA TC 2 and NEMA TC 3, UL, NEC, Federal Specification WC-1094, and shall meet applicable ASTM test requirements for the intended use. PVC conduit shall be rated 90 degrees C.
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3. Conduit, Flexible (flex): Flexible conduit shall be moisture proof flexible steel, polyvinyl chloride jacketed type, UL approved, with continuous copper ground path in the flexible steel tube, and shall be Anaconda Sealtite conduit, Electriflex, or equal. Flexible conduit used in dry, concealed areas for lighting fixtures may be non moisture proof, flexible steel conduit, Anaconda Type CN, Triangle Tristeel, or equal.
E Backfill Material for Conduit Trenches: Backfill for conduit trenches shall contain no particles larger than 3 inches in diameter. Backfill material shall be free from roots and debris. Sand shade 6” above all conduit pipe.
F Conductors: Conductors shall be copper as indicated. Conductors, including insulation, cabling, jacket, filler, shielding, covering and testing, shall meet applicable requirements of IPCEA S-19-81 and S-61-402, the NEC, and UL. Unless noted otherwise, conductors shall have 600-volt Type THWN insulation.
G Cast Boxes: Cast boxes shall be galvanized malleable ferrous metal, gasketed and watertight, with threaded hubs and mounting lugs. Cast boxes for conduit below grade shall be heavy duty with sidewalk cover, 8 x 8 x 4 inches minimum. Use PVC-coated boxes with PVC-coated conduit.
H Single and Duplex Convenience Receptacles: Receptacles shall be of specification grade and of NEMA configuration and rating 5-20 (2 pole, 3 wire grounding, 20 amperes, 125 volts). Contact arrangement shall be such that contact is made on two sides of each inserted blade. Bases shall be of ivory phenolic composition. Wire terminals shall be suitable for #8 AWG wire and shall be screw type. Receptacles shall be UL listed. Corrosion resistant receptacles shall have conducting parts of nickel-plated brass and other metals parts of stainless steel.
I Conduits:
1. Type to be used: Minimum size conduit shall be 3/4 inch, except 1 inch for underground and embedded conduit, unless indicated otherwise. Use the following types of conduit for the locations listed unless indicated otherwise:
Use galvanized rigid steel conduit (GRS) outdoors, in wet locations and for exposed locations.
2. Use rigid polyvinyl chloride (PVC) conduit for concealed locations, and for buried and embedded conduit, except use galvanized rigid steel (GRS) at least 5 feet on both sides of penetrations through footings, under equipment mounting pads, where embedded in exterior light pole foundations, and where conduit changes from underground to exposed or from embedded to exposed.
3. Use liquid tight flexible metal conduit (flex) for the last 18 to 36 inches of conduit run to a piece of equipment where required to isolate vibration or to facilitate maintenance or adjustment. Flexible metal conduit (non moisture proof) may be used in dry concealed areas for lighting fixtures.
4. Concealed, embedded and buried conduits shall emerge at right angles and shall have none of the curved portion of a bend exposed, unless otherwise approved by the Engineer. Where slabs are on grade, install conduit beneath the slab and not in the slab. Where ells are required to penetrate floor slabs, the ells shall be rigid steel conduit.
5. On steel conduit installed underground, coat couplings and joints or wrap couplings and joints with tape using 1/2 inch overlap. Use Koppers Bitumastic no. 505, Scotchwrap No. 51, or equal.
J Conductors 600 Volts and Below:
1. General: Wire shall be continuous from outlet to outlet. Conductors shall be as noted on Plans.
Conductors shall be stranded except solid conductors No. 10 AWG and No. 12 AWG may be used for branch circuit power wiring and for lighting and receptacle circuits.
Where conductors will be connected by others, provide adequate length pigtails.
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Arrange wiring in enclosures neatly cut to proper length. Apply terminals to control wiring for connection to terminals, and bridle and secure in an approved manner. List all circuits emanating from power, distribution and lighting panel boards by function on the directory card.
Identify conductors at all splices and terminations.
Raceways entering structures shall be sealed inside the conduit at the first box or outlet with suitable plastic expansible compound to prevent the entrance into the structure of rodents, gases and liquids.
2. Splices and Terminations: Preferably, conductors shall be run between pieces of equipment without splices. Splices, where required, shall be made in accessible boxes only. Splices shall not be made below finish grade unless indicated on the Plans or approved by the Engineer.
Make splices and terminations of stranded conductors using crimp-type or mechanical devices suitable for the type and size of conductor used.
For solid conductors No. 10 AWG and smaller, make splices and terminations using wire nuts or threaded mechanical devices suitable for the type and size of the conductor used. Wire nuts shall be the coiled, spring-loaded type. Do not use wire nuts constructed of one solid piece (not spring loaded).
For solid conductors No. 10 AWG and larger, make splices and terminations using threaded mechanical devices suitable for the type and size of conductor used.
3. Testing: After installation, termination and identification of conductors, perform continual check and 500-volt megger test on all wiring to demonstrate that wiring has been properly installed and identified, and that there are no shorts among wires, shields, and ground. Perform tests to demonstrate that shields are isolated from ground except at the grounding point. Correct improper grounds. Tests shall be performed in the presence of the Inspector.
3.10 Boxes: Use of cast boxes outdoors, in wet locations, with exposed conduit and with embedded and buried conduit.
Section 16600 – BASE ELECTRICAL PAYMENT
A. Full compensation for conforming to the requirements of this article shall be considered as included in the lump sum prices paid for by the Base Bid.
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SECTION 20 PREFABRICATED RESTROOM BUILDING
PART 20.1 GENERAL
20.1.1 WORK INCLUDED
A. The Contractor shall prepare the site for the two prefabricated buildings (furnish by the City) as shown on the plans and in this specification section. The City shall provide to the Contractor from the restroom supplier:
1. Stamped and signed engineering (shop) drawings.
2. Structural calculations.
3. Title 24 calculations.
4. Any other documentation required for approval by the Building Director, City Engineer, or their designated representative(s), and for submittal to the building department for permitting, and for any other applicable regulatory agency.
B. The Contractor shall be responsible for obtaining all permits as the designated contractor of the build.
C. Licensing
The subcontractor must comply with all the State of California; Department of Housing prefabricated “Commercial Coach requirements” as follows:
1.The building manufacturer is licensed by the State of California, Department of Housing as a manufacturer.
20.1.2 DESIGN CRITERIA
A. The building’s members will withstand dead load and design loads due to gravity, seismic loads, and pressure and suction of wind calculated in accordance with latest version of the local building code.
B. Accessibility: Design will meet the Americans with Disabilities Act Accessibility Guidelines (ADAAG) and California Building Codes.
20.1.3 SUBMITTALS
A. Building Shop Drawings will be provided to the Contractor by the City.
B. Shop Drawings will include building permit plans and structural calculations under seal of a professional Structural Engineer with current license in California. Shop drawings shall be based on information contained in Parts 1, 2, 3, and 4 of this specification section.
C. The building manufacturer's installation instructions and manual will be provided to the Contractor.
D. Building Department – The plans have been reviewed by the City’s Building Department. The plans and permit will be on hold until a contractor has been awarded the contract. Once the Contractor is contractually bound to the City, the Contractor’s information can then be submitted to the Building Dept for permit issuance.
20.1.4 WARRANTY
A. Restroom and all its associated components are warranted against defects in materials and workmanship for a period of one year.
B. The Contractor’s work for the restroom’s installation shall be in strict conformance with the restroom installation instructions so as not to void the warranty in any regard.
20.1.5 WORK SUPPLIED BY THIS SECTION
A. ALL items are to be furnished and installed by the Contractor. Either through his supplier(s), subcontractor(s) or his own party.
B. Refer to the Construction Drawings for quantities, dimensions, locations and installation methods for the materials and items described in this section.
C. Refer to Part 20.2 - Products of this section for items identified as supplied by Manufacturer or items supplied by Contractor.
20.1.6 WORK SUPPLIED BY Contractor
A. The items noted as “supplied by Contractor” are to be supplied by the General Contractor and/or their Sub-Contractor(s). Refer to manufacturer's shop drawings for quantities, dimensions locations and installation methods for items described in this section. The Contractor shall supply any parts not listed above in “Work Supplied by this Section”, including but not limited to items specified in the manufacturer's shop drawings and items required by building codes. The Contractor shall be responsible for ensuring that the concrete foundation and slab are adequate for the site conditions and the purpose for which the building and foundation/slab are intended.
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B. Any items not listed or specified here are to be specified by Construction Manager and supplied by Contractor.
C. Other (supplied by Contractor). The building Contractor is responsible for supply and installation of ALL items indicated on the Construction Drawings, the manufacturer's shop drawings or required by building codes, which are not supplied by manufacturer.
20.1.7 PAYMENT
Full compensation for conforming to the requirements of this article shall be paid for at the lump sum contract price paid for Install Prefabricated Restroom Building.
PART 20.2 PRODUCTS
20.2.1 RESTROOM SUMMARY
A. This specification covers the placing of pre-engineered, pre-manufactured flush toilet restroom building with storage.
20.2.2 CONCRETE FOUNDATION
A. The floor/foundation for the modular restroom is a prefabricated reinforced concrete mat foundation in accordance with the requirements of the City.
B. The mat foundation is to contain a concrete encased electrode consisting of 20' of bare copper conductor (No. 2 AWG) located near the bottom of the foundation, and encased in a minimum of 2" of concrete. Stub the ground conductor up through the foundation near the panelboard location. The Constractor is to verify the correct grounding of the building electrical.
C. Vapor Barrier: Contractor is to furnish and install a 6 mil. continuous vapor barrier under concrete slab.
20.2.3 BUILDING ELECTRICAL
A. Building will be equipped with a 100 amp, 120/240V three-phase, 60-cycle, 42-circuit panel. Panel to be Square D QO120M100 Series SI or equal.
B. Building shall be fitted with integral cast in-ground wires to code, a buried secondary ground rod to code, and a lightning rod properly grounded.
20.2.4 EXTERNAL UTILITY CONNECTIONS
Flexible Connections: Due to chance of total and differential settlements, flexible utility connections will be necessary. Ball joints, and sleeve type, or other flexible couplings shall be used when connecting existing utility stub-outs to the building system, as required by the City.
20.2.5 PAYMENT
Full compensation for conforming to the requirements of this article shall be paid for at the lump sum contract price paid for Install Prefabricated Restroom Building.
PART 20.3 EXECUTION
20.3.1 RESTROOM SITE PREPARATION
Jefferson Park - The general contractor shall demolish the existing restroom facility and prepare the restroom site as detailed and shown on the plans and as specified in these special provisions.
Stiern Park – The Contractor shall demolish the existing small picnic area and prepare the restroom site as detailed and shown on the plans and as specified in these special provisions.
The general contractor’s scope of work includes:
1. Extend water, sewer, and electrical service to the new restroom. Connect these new utilities to stub restroom locations for later extension and connection by the restroom supplier.
2. Grade the new site in accordance with the plans and compacting and preparing the subgrade. The restroom building will be set in place by the restroom supplier with Contractor’s forces present.
3. Extension of the utilities from Contractor’s stub location will be performed the restroom supplier to the defined point of connection and complete connection thereto.
4. Completion of fine grading around the perimeter of the building and the installation of the attached sidewalks.
20.3.2 SURVEY STAKES
A. Contractor shall provide initial staking of the building location and grade. Contractor shall provide 10-foot offset stakes and locate front corners of the building, existing utilities, and inverts within the area of D-25
construction. Locate and mark final slab elevation.
20.3.3 SUBGRADE PREPARATION
A. Prepare compacted subgrade shall be 3.00 feet below finished floor elevation.
B. Compact to 95% or to local code requirements, whichever is stricter. Compact 1-foot over in all directions.
C. Import Class II base for compaction in accordance with the plans and specifications.
D. Supply required yardage of clean sand next to site for fine grading.
E. Excavate and backfill trenches for underground plumbing and utility kit.
F. Turn off adjacent irrigation prior to building delivery to allow the surrounding soils to dry, and bear the weight of the delivery truck and crane.
G. Verify corner locations against the drawings.
H. Verify finish floor elevation for concrete slab (shipped fully attached to the building).
I. Excavate 1-foot perimeter footing if required by local code to specified depth.
20.3.4 SITE ACCESS
Provide suitable safe clear access to allow a crane (up to 110 tons), and the building on a semi-trailer (up to 40 tons) to reach site (14' width, 70' length, and 14' in height). If path to site is over existing utilities, sidewalks, or other damageable areas, proper marking, plating or other appropriate protection must be provided. Contractor is responsible for removing any overhead obstructions (e.g. power lines, trees). The Contractor shall coordinate with the City Parks staff for the removal of any tree branches needed to provide clear access to the site.
20.3.5 UTILITIES
A. The Contractor shall bring water, sewer, and power into point of connection in Christy splice boxes within six feet of the new building line at the location shown on the plans. The general contractor shall coordinate the work and scope of work with their Restroom Supplier with regard to the furnishing, installation and connection of the of the water, sewer, and power for the restroom building to the point of connection.
1.Water: The general contractor shall coordinate with the restroom supplier to furnish and install a water pipeline from the mechanical chase to a Christy box six feet from the new building line. The contractor must provide water point of connection, including a shutoff valve, within a Christy box and connect the water pipeline installed from the restroom building to the valve.
2.Sewer: The general contractor shall coordinate with the restroom supplier to furnish and install a sewer pipeline from the mechanical chase in the restroom building to the point of connection in the Christy box (set by the contractor) six feet from the new building line. The contractor must connect service.
3.Electrical: The general contractor shall coordinate with the restroom supplier to furnish and install a concrete Christy box for the building’s electric point of connection, within 6 feet of the new building line AND furnish and install as many concrete Christy pull boxes as are needed for the various existing park lighting circuits being served from the existing restroom. Said boxes shall reside within 6 feet of the new building line.
The Contractor shall coordinate with the restroom supplier to delineate and furnish the work needed to furnish and install PVC electric conduit from new restroom’s main panel, within the mechanical chase, to the point of connection six feet from the building line. The contractor shall pull the electrical service line through the conduit and connect to the main panel lugs inside the building.
The furnishing and installation of all electrical inside the building shall be coordinated by the general contractor with their restroom supplier.
B. All concrete boxes shall have galvanized steel skid resistant bolt down locking lids identifying the nature of the box (ie Electric, Sewer, Water).
20.3.6 BUILDING ERECTION
A. Contractor shall facilitate the building supplier for their setting and erection of the new restroom.
B. Verify site conditions are prepared for building installation.
C. Do not field cut or alter structural members without approval of Manufacturer.
D. Install in accordance with Manufacturer's instructions.
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20.3.7 TOLERANCES
A. Framing Members: 1/4 inch from level; 1/8 inch from plumb.
B. Siding and Roofing: 1/8 inch from true position.
20.3.8 SPECIAL CONDITIONS AND COSTS
If specifications by owner require any testing or special inspections, costs, if any, shall be borne by Contractor.
20.3.9 PERMITS AND FEES
A. All required building and demolition permits shall be obtained by Contractor.
B. Fees shall be borne by Contractor.
20.3.10 INSPECTIONS
Schedule inspections to ensure that underground plumbing and electrical work is approved prior to placement of building.
20.3.11 CLEANUP
Upon finalizing of the project, the contractor shall completely clean the entire project site. All trash shall be removed and properly disposed. The restroom building shall be cleaned to janitorial standards and presented to the City.
20.3.12 PAYMENT
Stiern Park Restroom: Full compensation for conforming to the requirements of this article shall be considered as included in the unit prices paid for various items of work and no additional compensation will be allowed therefor.
Jefferson Park Restroom: The contract lump sum price paid for Utilities Services (Electrical, Domestic Water & Sewer) shall include full compensation for all labor, material, tools, equipment and incidentals, preserving and stubbing out of existing utilities and for doing all work involved in the Utilities Services (Electrical, Domestic Water & Sewer), as detailed on the plans and as specified herein.
EXHIBIT B
ADMINISTRATIVE REPORT
MEETING DATE: March 26, 2025 AGENDA CATEGORY: Public Hearings TO: Honorable Mayor and City Council
FROM: Jennifer M. Byers, Economic & Community Development Director DATE: March 7, 2025
SUBJECT: Public Hearing to consider EOA Grant Agreement with Arts Council of Kern ($116,500) Economic Opportunity Area (EOA) Incentive Program grant agreement for site improvements associated with the installation of a fire sprinkler system, fire alarm, water connection fees/permits, and other related work as required at 1018 and 1020 18th Street. (Ward 2)
RECOMMENDATION:
Staff recommends approval of the grant agreement.
BACKGROUND:
Adopted in 2016, the City of Bakersfield’s Economic Opportunity Area Plan is a locally initiated program that uses public tax dollars to promote economic growth within specific geographic areas of Bakersfield.
Implementation of the Plan is anticipated to facilitate increased private sector investment that will in turn create more tax revenue, promote businesses growth, and generate new jobs.
The Economic Opportunity Area (EOA) Incentive Program offers resources to encourage business growth and redevelopment with financial assistance, such as grants and development assistance, for a business or non-profit within an EOA or planning to open or expand within an EOA. The EOA Incentive Program was created to encourage the redevelopment of vacant property or buildings with grants for site and building improvements, business expansion or moving costs, development fees, or costs of required public improvement projects.
The EOA Incentive Program meets City Council goals 1, 3, and 4 supporting economic opportunity for all, creating reliable infrastructure, and improving community character and quality of life. It makes targeted investments and provides incentives in strategic areas to increase economic activity and neighborhood revitalization.
On October 3, 2024, the City’s Economic & Community Development Department (ECD) released a Notice of Funding Availability (NOFA) for the Downtown EOA Business Improvement Grant Program. On January 27, 2025, the City’s Finance, Economic Development, and Jobs Council made grant award recommendations.
An application was received from Arts Council of Kern for their tenancy at 1018 and 1020 18th Street within the Downtown EOA. This business requested EOA funding for site improvements to cover the costs associated with the installation of a fire sprinkler system, fire alarm, water connection fees/permits, and other related work as required, which are eligible costs within the Downtown EOA Business Improvement NOFA. The sprinklers are needed to comply with increased use and occupancy that may occur with special events. The proposed improvements assist in supporting a longstanding nonprofit that provides essential services to the community and supports quality of life and safety improvements for patrons and the public, which contributes to improved occupancy, preserves a historic building, and leads to cultural and economic growth for the community.
Per CA Government Code 53083, the City Council of the City of Bakersfield must hold a noticed public hearing and, prior to the public hearing, provide information on the economic development subsidy in written form available to the public through the City’s website. Notice was posted on March 12, 2025.
The proposed project enhances aesthetics, development, and investment in the community. The project is harmonious with the surrounding properties and uses, and offers goods and services deemed desirable and appropriate within the Downtown EOA. Therefore, staff recommend approval of the grant agreement.
FISCAL IMPACT:
Economic Opportunity Area projects were budgeted in the fiscal year 24-25 PSVS operating budget.
COUNCIL GOAL:
Economic Opportunity for All
WARD: 2
ATTACHMENTS:
Agreement