3. The request for payment or extension must be made a t least 15 Calendar Days prior to the specified completion date. Failure by the Contracto r to provide notices and reports as specified in the Contract will be considered grounds for refusal by the Agency to consider such request.
6-7 TERMINATION OF THE CONTRACT FOR DEFAULT
6-7.1 General.
DELETE in its entirety and SUBSTITUTE with the following:
1. Prior to the Acceptance of the Work, Contractor shall be found in default of the Contract if:
a. Contractor becomes insolvent, assign Contractor’s a ssets for the benefit of Contractor’s creditors, are unable to pay Contracto r’s debts as they become due, or are otherwise financially unable to complete the Work.
b. Contractor abandons the Work by failing to report t o the Site and by failing to diligently execute the Work to completion.
c. Contractor disregards written instruction from the Engineer or materially violates provisions of the Contract Documents.
d. Contractor fails to execute the Work according to t he Schedule approved by the Engineer.
e. Contractor disregards laws or regulations of any public body having jurisdiction. f. Contractor commits continuous or repeated violation s of regulatory or statutory safety requirements.
6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE.
DELETE in its entirety and SUBSTITUTE with the following:
1. At any time, the Agency may at its sole discretion terminate this Contract in whole or in part.
If the Agency decides to terminate this Contract fo r convenience, the Agency shall issue a written notice of termination for convenience. Upon receipt of this notice, Contractor shall immediately proceed as follows:
a. Stop Work immediately or in accordance with the Notice of Termination. b. Notify Subcontractors and Suppliers to immediately cease their Work and place no further subcontracts for materials, services, or fa cilities except as necessary to complete any authorized continued portion of the Contract. c. Terminate all subcontracts to the extent that they relate to the Work terminated. d. With approval by the Engineer, settle all outstandi ng obligations arising from the termination of subcontracts. This approval shall be final for the purposes of this section.
e. As directed by the Engineer, transfer and deliver c ompleted or partially completed drawings, plans, calculations, specifications, and any other documents and records that, if the Contract had been completed, would be required to be furnished to the Agency.
f. Complete the performance of the Work not terminated.
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g. Take all necessary steps and actions to minimize all costs to the Agency as a result of the termination.
h. Take any action that may be necessary or that the E ngineer may direct for the protection and preservation of the property related to the Contract that is in Contractor’s possession and in which the Agency has or may acquire an interest. 6-8.1 Termination Cost.
1. The Agency shall determine and pay Contractor the f air and reasonable amounts for Contractor’s termination cost as follows:
a. The Contract Price for completed services accepted by the Engineer not previously paid or adjusted for any saving of freight and other charges. b. The fair and reasonable cost of settling and paying termination settlements for terminated subcontracts that are chargeable to the terminated portion of the Contract.
c. The Agency shall pay Contractor a prorated amount of profit for Work that Contractor performed. The Agency shall not pay for lost profit on Work that was not performed by Contractor.
6-8.2 Termination Settlement.
1. After termination, Contractor shall submit a final termination settlement proposal to the Engineer no later than 3 months from the effective date of termination, unless extended in writing by the Engineer.
2. If Contractor fails to submit the proposal within the time allowed, the Agency may determine and pay the fair and reasonable amount that may be due Contractor as a result of the termination. If Contractor does not agree that the amount determined by the Engineer is fair and reasonable, Contractor must notify the Engineer within 30 Calendar Days of receipt of payment.
6-8.3 Determination of Amount Due the Contractor.
1. In determining the amount due Contractor, the Agency shall deduct the following:
a. The fair value of property destroyed, lost, stolen, or damaged that has become undeliverable to the Agency.
b. Any claim which the Agency has against Contractor under the Contract. 6-8.4 Records and Documents Relating to Terminatio n.
1. The Engineer will file an Agreement of Mutual Resci ssion of Contract with the Board. Once the Agreement is executed and a Notice of Completion is recorded, retention can be released.
2. Unless otherwise specified or required by statute, Contractor shall maintain all records and documents relating to the terminated portion of the Contract for 3 years after final settlement. This includes all books and other evide nce bearing on Contractor’s costs, expenses, and settlement under the Contract. Contra ctor shall make these records and documents available to the Agency, at Contractor’s office, at all reasonable times, without any direct charge. If approved by the Engineer, Con tractor may maintain photographs, microphotographs, and other authentic reproductions instead of original records and documents.
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6-8.5 The Agency’s Right to Terminate or Suspend f or Loss of Project Funds.
1. The Agency may terminate or suspend the Contract at its sole discretion if the State of California or its agents render the funds being use d to fund this Project unavailable. If the Agency chooses to suspend the Contract, that suspension shall last until funds are identified and approved by the Board, whichever is appropriate, to be used to complete this Project. If the Agency elects under this provision to terminate the Contract, then neither Party is entitled to compensation from the other Party for a ny costs arising from such termination.
The Agency may also elect to terminate after invoking a suspension under this provision. 6-9 LIQUIDATED DAMAGES
DELETE in its entirety and SUBSTITUTE with the following:
1. Contractor’s failure to complete the Work within th e time allowed shall result in damages being sustained by the Agency. Such damages are, an d shall continue to be, impracticable and extremely difficult to determine. For each consecutive Working Day in excess of the time specified for the completion of the Work, as adjust ed in accordance with 6-4, “DELAYS AND EXTENSIONS OF TIME,” Contractor shall pay to the Ag ency, or have withheld from monies due it, the sum described in the table below, along with any other damages that may be sustained by the Agency during the Project, unless otherwise specified in the Special Provisions.
2. The execution of the Contract shall constitute agreement between Contractor and the Agency that the liquidated damage amount described in the table below is the value of the damage caused by Contractor’s failure to complete the Work within the allotted time. Such sum shall not be construed as a penalty and may be deducted from Contractor’s payments if such delay occurs.
Contract Value Liquidated Damage Daily Amount
$100,000 and more $1,000
3. Any progress payments made to Contractor after the specified completion date shall not constitute a waiver of payment for damages sustained by the Agency under this section.
ADD 6-10 RIGHT TO AUDIT
6-10.1 General.
1. The Agency retains the right to review, audit, reas onably access Contractor’s and all Contractor’s Subcontractor’s premises to review and audit Contractor’s compliance with the provisions of the Contract. This includes the right to inspect, photocopy, and retain copies, outside of Contractor’s premises, of all records with appropriate safeguards if such retention is deemed necessary by the Agency in its sole discr etion. The Agency will keep this information in strictest confidence.
2. Contractor shall include the Agency’s right to audit in its subcontracts and ensure that these specifications are binding upon all Subcontractors.
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6-10.2 Audit.
1. The right to audit includes the right to examine an y and all books, records, documents, and any other evidence of procedures and practices that the Agency determines is necessary to discover and verify that Contractor are in complian ce with all requirements under the Contract.
2. If there is a claim for additional compensation or for changes in Work, the right to audit also includes the right to verify all direct and indirec t costs which are claimed to have been incurred, anticipated to be incurred, or for which a claim for additional compensation or for changes in the Work have been submitted.
3. Contractor shall maintain complete and accurate rec ords in accordance with generally accepted accounting practices in the construction i ndustry. Contractor shall also make available to the Engineer for review and audit all Project-related accounting records and documents and any other financial data. Upon the En gineer’s request, Contractor shall submit exact duplicates of originals of all requested records to the Engineer. 6-10.3 Compliance Required Before Mediation and Litigation.
1. As a condition precedent to proceeding with mandato ry mediation and further litigation under 2-10.2, “Dispute Resolution Process” Contract or shall comply with the audit specifications within 60 Calendar Days of the Engin eer’s notice to review and audit compliance. See 5-2, “SPECIAL NOTICES.”
6-10.4 Access to Records on Federally Funded Projects.
1. Contractor shall retain all records, books, papers, and documents directly pertinent to the Contract for a minimum of 5 years after the Agency makes final payments and all other pending matters are closed and shall allow access to those records to the Agency, the Federal grantor agency, the Comptroller General of the Unit ed States, or any duly authorized representatives.
SECTION 7 – MEASUREMENT AND PAYMENT
7-2 LUMP SUM WORK
ADD 7-2.1 Schedule of Values (SOV).
1. Submit a SOV for the lump sum Bid items of the Work to the Engineer for review and approval at the pre-construction meeting. The total value fo r the work described in the contract documents shall be shown in the SOV with category t otals reflective of those values presented in Section 00 41 00 BID FORM, Bid Schedule A and B in the contract.
2. The SOV shall:
a) Subdivide the Work into its respective parts.
b) Include values for all items comprising the Work.
3. The Engineer is the sole judge of acceptable number s, details, and description of values established. If, in the opinion of the Engineer, a greater number of SOV items than proposed by Contractor is necessary, add the additional item s identified by the Engineer. When requested by the Engineer, provide substantiating data in support of the SOV.
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4. The Contractor shall develop the SOV independently but simultaneously with the development of the Schedule activities and logic. I ncorporate phase funding impacts, if applicable, into the Schedule.
5. The Contractor shall break down the Work not specif ically included in the Bid as necessary for establishment of cost and Schedule activity.
6. The Contractor shall update and submit these listin gs in conjunction with the monthly Schedule update submittals.
7. The Contractor shall incorporate issued Change Orde rs or Field Orders in the Schedule into the SOV as single units identified by the Change Order or Field Order number.
8. Changes to the Schedule which add activities not in cluded in the original Schedule but included in the original Work (schedule omissions) shall have values assigned as accepted by the Engineer. Other activity values shall be reduce d to provide equal value adjustment increases for added activities as accepted by the Engineer.
9. In the event that the Contractor and the Engineer agree to make adjustments to the original SOV because of inequities discovered in the origina l accepted SOV, increases and equal decreases to values for activities may be made.
10. The payment for the preparation of the SOV shall be included in the Contract Price. 7-3 PAYMENT
7-3.1 General.
To paragraph (8), DELETE in its entirety and SUBSTITUTE with the following:
If, within the time fixed by law, a properly execut ed notice to stop payment is filed with the Agency, due to the Contractor’s failure to pay for labor or materials used in the Work, all money plus 25 percent due for such labor or materials will be withheld from payment in accordance with applicable laws. At the expiration of 30 Calendar D ays from the date of recording the NOC, the amount deducted from the final estimate and retained by the Agency shall be paid to Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment.
ADD the following:
1. Unless specified otherwise, the Contract Price incl udes use, consumer, and other taxes mandated by applicable legal requirements. The Cont ract Price is not subject to adjustment for tax increases.
2. As provided in California Public Contract Code Section 7105, if the Contract is not financed by revenue bonds, Contractor is not responsible for the cost of repairing or restoring damage to the Project when damage was proximately caused by a n Act of God, in excess of 5% of the Contract Price, if the following occur:
a. The damaged portion of the Project was built in acc ordance with the Contract requirements.
b. There are no insurance requirements in the Contract for the damages.
3. Guarantee periods shall not be affected by any paym ent but shall commence on the date of recordation of the Notice of Completion.
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7-3.2 Partial and Final Payment.
To paragraph (5), DELETE in its entirety and SUBSTITUTE with the following:
Pursuant to Public Contract Code Section 22300, Contractor shall have the option, at Contractor’s expense, to substitute for any money withheld by th e Agency, securities equivalent to the amount being withheld. Securities eligible for such substitution are bank or savings and loans certificates of deposit or such securities which ar e eligible for investment pursuant to Government Code Section 16430. As to any such security or securities so substituted for monies withheld, Contractor shall be the beneficial owner of same and shall receive any accrued interest.
Such security shall, at Contractor’s request and expense, be deposited with the Agency or with a State or Federally Chartered bank as the escrow age nt who shall pay such monies to Contractor upon notification by the Engineer that payment can be made. Such notification shall be given at the expiration of 30 Calendar Days from the date of NOC, or as prescribed by law, provided however, that there shall be a continued retention of the necessary securities to cover such amounts as are required by law to be withheld by pr operly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained.
ADD the following:
1. After final inspection, the Engineer will make a Fi nal Payment Estimate and process a corresponding payment. This estimate will be in wri ting and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the Contract Bid item and Change Order item with quantities and paym ent amounts and shall show all deductions made or to be made for prior payments an d amounts to be deducted under provisions of the Contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate.
The Contractor shall have 30 Calendar Days from rec eipt of the Final Payment Estimate to make a written statement disputing any Bid item or Change Order item quantity or payment amount. The Contractor shall provide all documentat ion at the time of submitting the statement supporting its position. Should the Contr actor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all Contract Bid items and Change Order items.
If the Contractor submits a written statement with supporting documents within 30 Calendar Days from receipt of the Final Payment Estimate, th e Engineer will review the disputed item within 30 Calendar Days and make any appropriate ad justments on the Final Payment.
Remaining disputed quantities or amounts not approv ed by the Engineer will be subject to resolution as specified in Section 2-10.1.1, Initiation of Claim.
The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of the disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information a nd details as may be required by the
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Engineer to determine the facts or contentions invo lved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items.
2. Final Payment and release of Retention shall be paid after Contractor submits the following:
a. An affidavit that payrolls and bills for materials, equipment, and other indebtedness connected with the Work for which the Agency or the Agency’s property might be responsible for or encumbered by. Fewer amounts withheld by the Agency shall have been paid for or otherwise satisfied.
b. A certificate evidencing that insurances required b y the Contract Documents shall remain in force after Final Payment is currently in effect and shall not be canceled or allowed to expire until at least a 30 Calendar Days prior written notice has been given to the Engineer.
c. Consent of Surety to Final Payment.
d. If required by the Engineer, other data establishin g payment or satisfaction of obligations such as receipts, releases and waivers of liens, claims, and security interests or encumbrances arising out of the Contract Documents. If a Subcontractor refuses to furnish a release or waiver required by the Agency, Contractor may furnish a bond satisfactory to the Engineer to indemnify the Agency against such lien. e. If required in the Contract Documents, the successful completion and submittal of the required reports such as construction demolition, w aste recycling, and hydrostatic discharge reports.
f. Required documentation, record drawings, operations manuals, test reports, warranty documentation, and UL labels shall be subm itted before requesting the release of retention.
ADD 7-3.2.1 Application for Progress Payment.
1. Using Application for Payment Form provided by Engineer, and by the 5th day of each month, sign, fill out, and submit to the Engineer a partial payment estimate that identifies acceptable Work performed during the previous month, or since the last partial payment estimate was submitted. If requested by the Construction Manager , provide such additional data as may be required to support the payment estimate. Such d ata may include submission of signed field orders and satisfactory evidence of payment f or equipment, materials, and labor, including payments to Subcontractors and Suppliers.
2. Monthly schedule updates must be submitted for Engineer’s approval on monthly basis also and payment application approval will be contingent on schedule update approval.
3. Each month, the Engineer will make an approximate m easurement of the Work performed to the closure date as basis for making monthly progress payments. The estimated value will be based on completed Contract and Change Order Work. Progress payments shall be made no later than 30 Calendar Days after the closure date. Five Working Days following the closure date, the Engineer shall complete the detailed prog ress pay estimate and submit it to the Contractor for the Contractor’s review. Should the Contractor assert that additional payment is due, the Contractor shall within 10 Calendar Day s of receipt of the progress estimate, submit adequate justification supporting the amount of supplemental payment request to
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the Engineer. Upon receipt of the supplemental payment request, the Engineer shall, as soon as practicable after receipt, determine whether the supplemental payment request is a proper payment request. If the Engineer determines that the supplemental payment request is not proper, then the request shall be returned to the Contractor as soon as practicable, but not later than 7 Calendar Days after receipt. The returned request shall be accompanied by a document setting forth in writing the reasons why t he supplemental payment request was not proper. Consistent with Public Contract Code S ection 20104.50, the Agency shall make payments within 30 Calendar Days after receipt of a n undisputed and properly submitted supplemental payment request from the Contractor. I f payment of the undisputed supplemental payment request is not made within 30 Calendar Days after receipt by the Engineer, then the Agency shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Code of Civil Procedure Code Section 685.010.
4. After final inspection, the Engineer will make a Fi nal Payment Estimate and process a corresponding payment. This estimate will be in wri ting and shall be for the total amount owed the Contractor as determined by the Engineer and shall be itemized by the Contract Bid item and Change Order item with quantities and paym ent amounts and shall show all deductions made or to be made for prior payments an d amounts to be deducted under provisions of the Contract. All prior estimates and progress payments shall be subject to correction in the Final Payment Estimate.
5. The Contractor shall have 30 Calendar Days from rec eipt of the Final Payment Estimate to make a written statement disputing any Bid item or Change Order item quantity or payment amount. The Contractor shall provide all documentat ion at the time of submitting the statement supporting its position. Should the Contr actor fail to submit the statement and supporting documentation within the time specified, the Contractor acknowledges that full and final payment has been made for all Contract Bid items and Change Order items.
6. If the Contractor submits a written statement with documentation in the aforementioned time, the Engineer will review the disputed item wi thin 30 Calendar Days and make any appropriate adjustments on the Final Payment. Remai ning disputed quantities or amounts not approved by the Engineer will be subject to res olution as specified in Section 2-10, Disputed Work.
7. The written statement filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of the disputed items. The Engineer will consider the merits of the Contractor’s claims. It will be the responsibility of the Contractor to furnish within a reasonable time such further information a nd details as may be required by the Engineer to determine the facts or contentions involved in its claims. Failure to submit such information and details will be sufficient cause for denying payment for the disputed items.
8. Progress payments shall be signed, and the date of the invoice shall be the date that the invoice is submitted.
9. The Agency shall not pay progress or partial paymen ts until Contractor submits to the Engineer an updated Schedule. It is solely the Cont ractor’s responsibility to prepare and submit the Schedule updates.
10. Disputed or incorrect applications shall be returned to the Contractor within 7 Calendar Days with documentation describing the reason for the rejection of the payment request.
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ADD 7-3.2.2 Amount of Progress Payments.
1. If an undisputed and properly submitted application for payment is received by the Engineer, the Agency shall pay Contractor within 30 Calendar Days after the Engineer receives the application for Payment consistent with Public Cont ract Code Section 20104.50. The Agency shall pay Contractor for the Work performed, includ ing the payment for offsite stored materials per section 7-3.3.1.2, through the period covered by the application for payment if the payment amount before Retention does not exceed the percentage of completion of the Work as set forth in the SOV.
ADD 7-3.2.3 Waiver of Claims at Final Payment.
1. Contractor’s acceptance of Final Payment constitute s a waiver of affirmative claims by Contractor, except those previously made in writing and identified as unsettled at the time of Final Payment, which are expressly reserved by C ontractor from operation of its Release of Claims pursuant to Public Contract Code Section 7100 or other Applicable Law.
ADD 7-3.2.4 Withholding of Payment and Back Charg e.
1. The Engineer may withhold payment for any of the following reasons:
a. Defective or incomplete Work.
b. Stop notices, wage orders, or other withholdings required by Applicable Law. c. Contractor’s failure to comply with 5-3.3, “Payroll Records” and the Contractor Registration and Electronic Reporting System requir ements of the Contract Documents.
d. Failure to submit monthly Construction Schedule updates. e. Failure to address punch list items in reasonable timeframe.
2. The Engineer may back charge the Contractor for any of the following reasons:
a. Defective or incorrect Work not remedied.
b. Damage to Agency property or a third party’s property that was caused by Contractor. c. Liquidated Damages.
d. Non-attendance at meetings without prior cancellation notice. e. Lack of monthly schedule updates incorporating note d edits from previous monthly schedule updates.
f. Failed inspections or re-inspections paid by the Agency. 7-3.3 Delivered Materials
ADD 7-3.3.1 Payment for Stored Materials on Site.
ADD 7-3.3.1.1 General.
1. When authorized, Contractor may request payment for materials and equipment which has not been incorporated into the Work but will be at a later date and will be delivered and stored at the Project Site within the month payment is requested.
2. The material shall meet the Contract requirements a nd the material’s required test results and certifications shall be filed with the Engineer.
3. Only non-perishable materials for major items of Wo rk or Materials Subject to Price Adjustment shall be considered for payment for on-s ite storage. However, each individual
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item has a value of more than 1% of the Contract Pr ice and shall become a permanent part of the Work.
4. Materials cost shall be evidenced by the manufactur er’s paid invoice bearing the statement that Contractor has paid all invoices in full.
5. The payments for the stored materials shall not exc eed the invoice price or 60% of the Bid prices for the pay items into which the materials a re to be incorporated, whichever is less, unless otherwise approved by the Engineer.
6. Apply for the payment for materials stored on a for m provided by the Engineer and attach documentation to show the following:
a. The amount paid on the invoice (or other record of production cost) for the stored items.
b. The dollar amount of the material incorporated into each of the various Work items for the month.
c. The amount that should be retained for stored materials. d. That Contractor has received the materials and equi pment free and are clear of all liens, charges, secured interests, and encumbrances.
e. That the materials and equipment are covered by the appropriate property insurance in accordance with the insurance provisions and other arrangements that protect the Agency’s interest.
7. Contractor shall provide the Engineer, upon request and prior to any partial payment, documentation which transfers full legal title to such materials to the Agency conditional only upon receipt of the Final Payment. Such transfer of title or any partial payment shall not constitute acceptance by the Agency of the material s, nor shall it void the right to reject materials subsequently found to be unsatisfactory in accordance with SECTION 4 – CONTROL OF MATERIALS. This shall also not relieve Contracto r of any obligation arising under the Contract Documents.
8. The payments for materials on-site are subject to retention as set forth in 7-3.2, “Partial and Final Payment.”
9. Contractor shall assume all risks associated with t he loss or damage to the stored products for which payment has or has not been received.
10. Equipment and materials shall be stored in accordan ce with manufacturer’s recommendations. The stored products shall be in a form ready for installation. The Agency shall not pay for raw materials or parts and pieces of equipment.
11. Any and all surplus materials that are not incorporated in the Work shall become Contractor’s property at no additional cost to the Agency.
12. Unless specifically provided in the Contract, payme nt for the materials on hand shall not be included when determining the percentage of Work completed.
13. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available and delivered to th e job site in the quantities involved, plus sales tax, freight, and delivery.
The Agency reserves the right to approve materials and sources of supply, or to supply materials to the Contractor if necessary, for the progress of the Work. No markup shall be applied to any material provided by the Agency.
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ADD 7-3.3.1.2 Payment for Stored Materials Offsit e.
1. The payment of materials and equipment delivered and stored offsite in a bonded warehouse shall be contingent upon Contractor’s compliance wi th the storage and protective maintenance requirements set forth in the Contract Documents and all other requirements necessary to preserve equipment warranties for the benefit of the Agency.
2. The Agency reserves the right to refuse approval fo r the payment of any equipment or materials suitably stored offsite in its sole discr etion, regardless of whether all conditions in the Contract Documents have been met.
3. Partial payment may be made for products eligible for offsite delivery and storage only upon Contractor’s presentation of a bill of sale, a paid invoice, or an affidavit certifying that the material is received by the Contractor free and clear of all liens, encumbrances, and secured interest of any kind including offsite delivery.
4. Partial payment for products delivered and stored o ffsite shall be contingent upon Contractor’s compliance with the storage and protective maintenance requirements set forth in the Contract Documents and all other requirement s necessary to preserve equipment warranties for the benefit of the Agency.
5. The cost of materials and equipment delivered but n ot incorporated into the Work will not be included in the progress estimate.
6. Costs associated with the delivery to and storage a t an offsite bonded facility shall be at Contractor’s expense regardless of the Engineer’s approval to deliver and store the materials.
7. Contractor shall provide written evidence to the En gineer of having made arrangements for unrestricted access by the Agency and the Agency’s authorized representatives to the materials wherever stored, including provisions for the Agency to take control and possession of such materials at any time and without restriction. Contractor shall furnish the Engineer a permit of entry, from the owner of the property, for at least 6 months after the NOC has been filed. The permit of entry shall contain information similar to the following:
PERMIT OF ENTRY: Permission is granted to the Agenc y and its designated employees or agents to enter upon the property described in this permit for a period of not less than 6 months after the NOC has been filed for Ruby G. Sch ulman Auditorium Audiovisual Update for the purpose of removing materials for which adv ance materials on hand payment has been made to (Contractor’s Name). The property is o wned by (Owner’s Name) and is described as follows: (Address and Description of Property). (Include signature(s) and date(s) for owner and lessee or purchaser, and, if appropriate, attach a copy of a warehouse receipt or contract for storage.
8. The material shall be clearly marked and identified as being specifically fabricated, produced, and reserved for use on the Project. The Contractor shall provide payment documentation for the materials.
7-3.4 Mobilization.
ADD the following:
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1. Mobilization consists of Work necessary for the mov ement of personnel, equipment, supplies, and incidentals to and from the Site; for establishment of all offices, buildings, storage yards, and other facilities necessary for t he Work; and for all other Work and operations which shall be performed prior to beginning the Work and after completion of the Work on the various Contract items on the Site.
2. Contractor shall properly design the Project parameters to incorporate construction mobility for moving on and off the Site in a manner that lim its disturbance to the surrounding residences, businesses, and any other citizens. Thi s includes the designated staging areas, loading areas, and assemblage areas. Contractor sha ll consider and address access rights of the public at all times. Prepare a mobilization plan that shall describe and govern Contractor’s mobilization activities.
3. When a Bid item has been provided for “Mobilization ,” payment for mobilization Work shall be distributed equally over the first 2 progress pa yments up to the Bid amount of the “Mobilization” Bid item but shall not exceed 3% of the Contract Price. If Contractor’s Bid item for “Mobilization” exceeds 3% of the Contract Price, then anything above 3% of the Contract Price shall be paid as a part of the Final Payment.
4. The complete dismantling and removal of all of Contractor’s properties, temporary facilities, equipment, materials, construction wastes, and pers onnel at the Site referred to as demobilization is included in the payment for mobil ization, unless there is a Bid item for demobilization.
5. If a separate Bid item has not been provided for mo bilization, the payment for mobilization is included in the Contract Price.
ADD 7-3.9 Field Orders. Not Used
7-4 PAYMENT FOR EXTRA WORK
7-4.1 General.
ADD the following:
1. With every request for payment, Contractor shall su bmit to the Engineer a breakdown showing monthly and cumulative amounts of the Work performed under the Change Order by Contractor and Contractor’s Subcontractors. The reporting format shall be approved by the Engineer.
2. When the price for the Extra Work cannot be agreed upon, the Agency will pay for the Extra Work based on the accumulation of costs.
7-4.2 Basis for Establishing Costs.
7-4.2.1 Labor.
ADD the following:
1. The costs of labor will be the actual cost for wage s of workers performing the Extra Work at the time the Extra Work is done, plus employer paym ents of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation,
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apprenticeship funds, and other direct costs, resul ting from federal, state, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements.
2. The use of a labor classification which would incre ase the Extra Work cost will not be permitted unless the Contractor establishes the nec essity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. The l abor cost for foremen shall be proportionate to all their assigned work and only that applicable to Extra Work will be paid.
3. Non-direct labor costs, including superintendence, shall be considered part of the markup of Section 7-4.2.1(1).
4. The Agency reserves the right to request the following:
a. Financial records of salaries for an employee.
b. Wage rates/Certified Payroll.
c. Bonuses and deductions.
5. Contractor shall list the labor rates of its person nel and Subcontractors who work on the Project. The payment for payroll records is included in the Contract Price.
6. If Contractor’s proposal for Extra Work is based up on services and Work to be performed outside Normal Working Hours, the labor charges associated with the Extra Work shall consist of straight time wages and burdens plus the appropr iate overtime or shift premium with no additional burdens, such as fringe benefits, on the premium portion.
7-4.2.3 Tool and Equipment Rental.
DELETE in its entirety and SUBSTITUTE with the following:
1. No payment shall be made for the use of tools which have a replacement value of $200 or less.
2. Regardless of ownership, the rates and delay factor s to be used in determining equipment rental costs shall not exceed those listed in the l atest edition of the Caltrans publication entitled “Labor Surcharge and Equipment Rental Rate s” preceding the date the Work is accomplished. The latest edition of the Caltrans pu blication is available at www.dot.ca.gov .
The delay factors therein shall be used as multipli ers of the rental rates for determining the value of costs for delay to the Contractor and Subc ontractors, if any. The labor surcharge rates published therein are not a part of this Contract.
3. Contractor shall be entitled to a rental rate adjus tment when Contractor can substantiate that the rental rates prevailing locally exceed the published rates by more than 15%. For equipment not listed in the Caltrans publication, r ental rates shall not exceed listed rates prevailing locally at equipment rental agencies or distributors at the time the Work is performed.
4. Whenever possible, Extra Work shall be accomplished using equipment available on Site or owned by Contractor. If a specific piece of equipme nt shall be rented to be used exclusively for the Extra Work, the rental rate shall be the in voiced rate. The rental rates paid shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals. Necessary loading and transportation costs for equipment used on the Extra Work shall be included.
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Da te Printed: December 7, 2023 Document Version: 1.0 Current Update: October 202 2
5. If rental equipment is not being used or used intermittently and could be returned to its rental source rather than holding it at the Work Site, the Contractor shall return the equipment at no expense to the Agency unless Contractor elects to keep it at the Work Site at Contractor’s expense.
6. The reported rental time for equipment already at t he Work Site shall be the duration of its use on the Extra Work. This time shall begin when equipment is first used on Extra Work, plus the time required to move it from its previous site and back or from its previous site to a closer site.
7. All equipment shall be acceptable to the Engineer, in good working condition, and suitable for the purpose for which it is to be used.
7-4.2.5 Invoices.
Vendors’ invoices for material, equipment rental and other expenditures shall be submitted with the request for payment. If the request for payment is not substantiated by invoices or other documentation, the Agency may establish the cost of the item involved at the lowest price which was current at the time of the report.
7-4.3 Markup.
7-4.3.1 Work by the Contractor.
DELETE in its entirety and REPLACE with the following:
The following percentages shall be added to the Con tractor’s costs and shall constitute the markup for all overhead and profits:
Labor 20
Materials 15
Equipment Rental 15
Other Items and Expenditures 15
To the sum of the costs and markups provided for in this section, 1% shall be added as compensation for bonding.
7-4.3.2 Work by a Subcontractor.
DELETE in its entirety and REPLACE with the following:
When all or any part of the Extra Work is performed by a Subcontractor, the markup established in 7-4.3.1 shall be applied to the Subcontractor’s actual cost of such Work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the Extra Work and a markup of 5 percent on Work added in excess of $5,000 of the subcontracted portion of the Extra Work may be added by the Contractor.
7-4.4 Daily Reports.
ADD the following:
00 73 00 AGENCY SUPPLEMENTAL GENERAL PROVISIONS Da te Printed: December 7, 2023 Document Version: 1.0 Current Update: October 202 2
Payment for Extra Work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer.
When the price for the Extra Work cannot be agreed upon, the Contractor shall submit a daily report to the Engineer on forms approved by the Agency. Included are applicable delivery tickets, listing all labor, materials, and equipment involve d for that day, and other services and expenditures when authorized. Payment for Extra Work will not be made until such time that the Contractor submits completed daily reports and all supporting documents to the Engineer.
Failure to submit the daily report by the close of the next Working Day may waive any rights for that day. An attempt shall be made to reconcile the report daily, and it shall be signed by the Engineer and the Contractor. In the event of disagr eement, pertinent notes shall be entered by each party to explain points which cannot be resolv ed immediately. Each party shall retain a signed copy of the report. Reports by Subcontractor s or others shall be submitted through the Contractor.
The report shall:
1. Show names of workers, classifications, and hour s worked.
2. Describe and list quantities of materials used.
3. Show type of equipment, size, identification num ber, and hours of operation, including loading and transportation, if applicable.
4. Describe other services and expenditures in such detail as the Agency may require.
END OF SECTION
00 74 00 AGENCY SUPPLEMENTAL TECHNICAL PROVISIONS Date Printed: December 7, 2023 Document Version: 1.0 Current Update: October 2022
SECTION 2
01 41 26 PERMIT REQUIREMENTS
PART 1 GENERAL
1.01 WORK COVERED BY CONTRACT DOCUMENTS
a. The Contractor is responsible to obtain all local, state and federal permits and licenses required to perform the Work. Payment for obtaining and complying with permits and licenses including, but not limited to, general construction permits, building permits, and Federal, State and local taxes shall be borne by the Contractor and shall be included in prices Bid for Work for which such costs are appurtenant. b. The Contractor shall obtain and pay for all permits for the disposal of all waste or surplus materials removed from the Project. The cost of the permit(s) shall be included in the price for the Bid items requiring the permits and no additional compensation will be allowed for them.
c. The Contractor shall provide a copy of the permit or license to the Agency prior to performing the Work requiring the permit or license.
d. Contractor shall pay for all fees applicable to Contractor’s operations. e. Contractor shall not begin Work until all permits applicable to the Work are obtained.
Permits shall be maintained in valid status until acceptance of the Work by the Agency. f. The Contractor shall pay all business taxes or license fees required for the Work.
1. To the extent that there is a change in the type or cost of any permits, fees, licenses, or inspections after Contract award, there shall be an equitable adjustment in the Contract Price on account of such change under the Extra Work provisions.
2. The Contractor shall comply with and give notices required by Applicable Laws.
The Contractor is not entitled to damages or additional payment for delays attributable to the acquisition of permits.
3. The Contractor shall pay the Agency for regulatory fees, fines, or penalties imposed on the Agency arising from the Contractor’s failure to complete the Work in accordance with the Contract Documents.
g. The Contractor shall obtain, pay for, and comply with required permits, licenses, work permits, and authorizations from appropriate agencies, including the following:
1. Licenses
i. Before submitting Bids, Contractors shall be licensed in accordance with provisions of Chapter 9, Division 3, of the Business and Professions Code. ii. City of Carlsbad Business License.
h. The Agency will obtain for the Contractor, the following:
1. CEQA Notice of Exemption
2. NEPA documents
3. City of Carlsbad Building Permit
01 50 00 TEMPORARY FACILITIES CONTROLS Date Printe d: December 7, 2023 Document Version: 1.0 Current Update: October 2022
01 50 00 TEMPORARY FACILITIES AND CONTROLS
PART 1 GENERAL
1.01 PAYMENT (Not Used)
1.03 WATER (Not Used)
1.04 POWER
a. Contractor shall provide all power for heating, lighting, operation of Contractor's plant or equipment, or for any other use by Contractor. Temp orary heat and lighting shall be maintained until the Work is accepted.
b. Construction Operations. Each Contractor shall provide all power for operation of its plant and equipment, or for any other use, except buildin g heating and lighting. All building heating and lighting shall be provided under Contract.
c. Temporary Lighting and Heating. Contractor under Contract shall provide temporary heat and light for all buildings, to protect the Work an d maintain suitable working conditions.
Temporary heat and light shall be maintained until Work under Contract has been accepted by Agency.
d. When operational, the permanent heating and ventila ting system and the permanent lighting system shall be used by Contractor under Contract to provide temporary heat and light. Before use of the permanent heating and vent ilation system in the XXX building, Contractor shall install a filter with MERV of 8 at each return air grille in the system and remove the filter at end of construction.
e. Temporary heat shall be provided when the temperatu re falls below 50°F (10°C) and as otherwise required to maintain reasonable working c onditions and protect all Work, materials, and equipment against damage from dampne ss or cold, to dry out the structure, or to maintain proper conditions for the installation and curing of materials. f. Heating equipment and fuels shall be suitable for the particular purpose and shall include adequate safety devices. Combustion type heaters sh all not be used without proper venting nor in areas where such equipment might introduce a hazard. Heat from Owner's existing facilities shall not be used.
g. All enclosed areas shall be ventilated (using force d-draft equipment when necessary) as required to maintain proper conditions for workers and the Work and to avoid any accumulation of hazardous dust or fumes.
h. Power for heating, lighting, and operation of Contr actor's plant and equipment in connection with the Work to be done under this Cont ract shall be provided by Agency without charge to Contractor, subject to the following conditions:
1. The existing heating system at each location will remain in operation and may be utilized by Contractor to the extent available.
2. Existing lighting systems at each location may be u tilized by Contractor to the extent available. Any necessary additional or tempo rary lighting systems shall be provided by Contractor at no additional cost to Owner.
01 50 00 TEMPORARY FACILITIES CONTROLS Date Printe d: December 7, 2023 Document Version: 1.0 Current Update: October 2022
3. Power will be available at 120 volts, 60 Hz, single phase and 240/ 480 volts, 60 Hz, 3 phase.
4. Contractor at its own expense shall make authorized connections to the existing power sources and shall extend temporary service li nes to the required areas.
Temporary wiring shall conform to Article 305 of the NEC.
5. Contractor shall at all times provide adequately against waste and needless use of power. Electrical power shall be used only in such quantities as will not interfere with Owner's requirements, and care shall be taken not to overload the existing facilities. Contractor shall provide any additional or temporary electrical power or power of other voltages it may require for prosecution of the Work. i. These provisions shall not be construed as a guaran tee by Agency of the uninterrupted continuation of power, and interruptions beyond the control of Agency shall not be reason for claims for additional costs nor for extensions of time. Contractor shall provide, at no additional cost to Agency, any necessary powe r required for prosecution of the Work during such interruptions.
1.05 SANITARY FACILITIES (Not Used)
1.06 VOICE AND DATA SERVICES (Not Used)
1.07 CONSTRUCTION AIDS
a. Contractor shall furnish, install, maintain, and operate all construction aids required by it and its Subcontractors in the performance of the Wo rk, except as otherwise provided in the Contract.
b. Contractor under Contract shall provide construction aids necessary for the performance of Work by other Contractors on the Project. Such c onstruction aids shall be suitable for conditions encountered and shall include:
1. Elevators and hoists
2. Cranes
3. Temporary enclosures
4. Swing staging
5. Scaffolding
6. Temporary stairs
c. Construction aids shall be furnished without charge to the other Contractors, and all necessary erection, maintenance, and operating personnel shall be included. In the event of conflict, the Contractor furnishing the equipment shall determine priorities in the best interest of the Project.
d. The use of any plant equipment, whether furnished a nd installed under this Contract or not, including elevators, shop cranes, heating, ventilating, air conditioning, and plumbing fixtures, shall be only with Agency's written permission.
1.08 MAINTENANCE OF TRAFFIC
a. Contractor shall conduct its Work to interfere as l ittle as possible with public travel, whether vehicular or pedestrian. Whenever it is nec essary to cross, obstruct, or close
01 50 00 TEMPORARY FACILITIES CONTROLS Date Printe d: December 7, 2023 Document Version: 1.0 Current Update: October 2022
roads, driveways, and walks, whether public or priv ate, Contractor shall provide and maintain suitable and safe bridges, detours, or oth er temporary expedients for the accommodation of public and private travel, and sha ll give reasonable notice to owners of private drives before interfering with them. Suc h maintenance of traffic will not be required when Contractor has obtained permission from the Agency and tenant of private property, or from the authority having jurisdiction over public property involved, to obstruct traffic at the designated point.
1.09 BARRICADES AND LIGHTS (Not Used)
1.10 FENCES (Not Used)
1.11 PROTECTION OF PUBLIC AND PRIVATE PROPERTY
a. Contractor shall protect, shore, brace, support, an d maintain all underground pipes, conduits, drains, and other underground constructio n uncovered or otherwise affected by its construction operations. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, fences, and other surface structures affected by construction operations, together with all sod and shrubs in yar ds, parkways, and medians, shall be restored to their original condition, whether withi n or outside the easement. All replacements shall be made with new materials.
b. Contractor shall be responsible for all damage to s treets, roads, highways, shoulders, ditches, embankments, culverts, bridges, and other public or private property, regardless of location or character, which may be caused by tr ansporting equipment, materials, or workers to or from the Work Site or any part of it, whether by Contractor or its Subcontractors. Contractor shall make satisfactory and acceptable arrangements with the owner of, or the agency or authority having jurisdi ction over, the damaged property concerning its repair or replacement, or payment of costs incurred in connection with the damage.
c. All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times.
1.12 DAMAGE TO EXISTING PROPERTY
a. Contractor will be held responsible for any damage to existing structures, Work, materials, or equipment because of its operations a nd shall repair or replace any damaged structures, Work, materials, or equipment t o the satisfaction of, and at no additional cost to, Agency.
b. Contractor shall protect all existing structures an d property from damage and shall provide bracing, shoring, or other work necessary for such protection. c. Contractor shall be responsible for all damage to s treets, roads, curbs, sidewalks, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property, which may be caused by transporting equip ment, materials, or workers to or from the Work Site. Contractor shall make satisfactory and acceptable arrangements with the agency having jurisdiction over the damaged pro perty concerning its repair or replacement.
01 50 00 TEMPORARY FACILITIES CONTROLS Date Printe d: December 7, 2023 Document Version: 1.0 Current Update: October 2022
1.13 TREE AND PLANT PROTECTION (Not Used)
1.14 SECURITY
a. Contractor shall be responsible for protection of t he Site, and all Work, materials, equipment, and existing facilities thereon, against vandals and other unauthorized persons.
b. No claim shall be made against Agency by reason of any act of an employee or trespasser, and Contractor shall make good all damage to Agency ’s property resulting from Contractor's failure to provide security measures as specified. c. Security measures shall be at least equal to those usually provided by Agency’s to protect Agency’s existing facilities during normal operation, but shall also include such additional security fencing, barricades, lighting, watchman services, and other measures as required to protect the Site.
1.15 ACCESS ROADS (Not Used)
1.16 PARKING
a. Contractor parking will be allowed on the south side of the library (behind the Schulman Auditorium) but specific location and limits of contractor parking area, will be determined by the City. Contractor parking area will be for th e use of all workers and others performing Work or furnishing services in connectio n with the Project, to minimize potential interference with public traffic or Agency’s operations.
1.17 NOISE CONTROL
a. Contractor shall take reasonable measures to avoid unnecessary noise. Such measures shall be appropriate for the normal ambient sound l evels in the area during working hours. All construction machinery and vehicles shal l be equipped with practical sound- muffling devices and operated in a manner to cause the least noise consistent with efficient performance of the Work.
b. During construction activities on or adjacent to oc cupied buildings, and when appropriate, Contractor shall erect screens or barr iers effective in reducing noise in the building and shall conduct its operations to avoid unnecessary noise which might interfere with the activities of building occupants.
1.18 DUST CONTROL
a. Contractor shall take reasonable measures to preven t unnecessary dust. Selective demolition work subject to creating dust shall be kept moist with water or by application of a chemical dust suppressant. When practicable, d usty materials in piles or in transit shall be covered to prevent blowing dust.
b. Buildings or operating facilities which may be affe cted adversely by dust shall be adequately protected from dust. Existing or new mac hinery, motors, instrument panels, or similar equipment shall be protected by suitable dust screens. Proper ventilation shall be included with dust screens.
01 50 00 TEMPORARY FACILITIES CONTROLS Date Printe d: December 7, 2023 Document Version: 1.0 Current Update: October 2022
1.19 TEMPORARY DRAINAGE PROVISIONS (Not Used)
1.20 EROSION CONTROL (Not Used)
1.21 POLLUTION CONTROL
a. Contractor shall prevent the pollution of drains an d watercourses by sanitary wastes, sediment, debris, and other substances resulting from construction activities. No sanitary wastes shall be permitted to enter any drain or wat ercourse other than sanitary sewers.
No sediment, debris, or other substance shall be permitted to enter sanitary sewers, and reasonable measures shall be taken to prevent such materials from entering any drain or watercourse.
1.22 PEST CONTROL (NOT USED)
1.23 RODENT CONTROL (NOT USED)
PART 2 PRODUCTS (NOT USED)
PART 3 EXECUTION (NOT USED)
END OF SECTION
AGENCY TECHNICAL SPECIFICATIONS / PROJECT MANUAL
See Contract Drawings – technical specifications are provided on drawings sheets.