that such coverage is provided in conformity with the requirements of this section.
Design Builder agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.
15.22 City's right to revise requirements. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Design Builder a ninety (90)-day advance written notice of such change.
Design change resulte nie suidatenesi adita cost no Design Buider, City and
15.23 Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by the City.
15.24 Timely notice of claims. Design Builder shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Design Builder's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
15.25 Additional Insurance. Design Builder shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work ARTICLE 16
CONTRACTOR'S LICENSE
Design Builder must possess at the time of bid submittal, and throughout the Project duration, a Contractor's License, of the classification required to prosecute the work, as set forth in Article 11 herein, issued by the State of California, which is current and in good standing. Design Builder shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor's License, issued by the State of California, which is current and in good standing.
ARTICLE 17
PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction.
ARTICLE 18
DESIGN BUILDER'S COVENANTS AND REPRESENTATIONS
Without superseding, limiting, of restricting any other representation or warranty set forth Isewhere in the Contract Documents, or implied by operation of law, the Design Builder makes the following covenants and representations to City
18.1 esign Builder and all of its Design Professionals and subcontractor are propert ertificated. licensed and qualitied tc
Documents.
18.2 Design Builder accepts the relationship of trust and confidence with the City established by the Contract Documents. Design Builder will cooperate with City.
18.3 Design Builder and its Design Professionals have carefully examined the site of the project and the adjacent areas, have suitably investigated the nature and location of the Construction Work and have satisfied themselves as to the general and local conditions which will be applicable, including but not limited to: (1) conditions related to site access and to the transportation, disposal, handling and storage. of materials; (2) the availability of labor, water, power and roads; (3) normal weather conditions; (4) observable physical conditions at the site and existing site conditions including: size, utility capacities and connection options of external utilities; (5) the surface conditions of the ground and (6) the character and availability of the equipment and facilities which will be needed prior to and during the performance of the Work.
18.4 Design Builder and its Design Professionals have suitably reviewed the site survey, record documents, seismic data, preliminary geotechnical and other test reports, environmental documents and any other documentation furnished by City in the Exhibits.
18.5 Design Builder and its Design Professionals have carefully reviewed the following exhibits to the Design Build Contract: (1) Scope of Work (including Applicable Codes, Rules and Regulations, Energy Requirements, etc.); Design Builder acknowledges that these Exhibits establish the scope, level of quality, design intent and the procedures for the development of the design to a state of 100% completion.
Design Builder agrees that (1) it will manage, coordinate and fully complete the design; (2) Design Builder will cause its Design Professionals to describe and depict the final design for the Project, as approved by the City, in Construction Documents which will include all information required by the building trades to complete the construction (other than such details customarily developed by others during construction) and (3) it will manage and timely construct the Project in consideration for the City's payment of the Contract Sum.
18.6 Design Builder and its Design Professionals have reviewed the Preliminary Schedule attached to the Request for Proposals and agree that the design and construction tasks and milestones are reasonable and feasible, except as modified by Design Builder's Proposed Contract Schedule, approved by City. Design Builder also agrees that time is of the essence for the performance of the Work.
18.7 Design Builder agrees that all Construction Documents will be complete, coordinated, and accurate.
18.8 Design Builder agrees that all materials, equipment and furnishings incorporated into or used in the Construction Work will be of good quality, new unless otherwise required of permitted by the Contract Documents) and free of liens, claims and security interests of third parties. If required by the City, Design Builder will furnish satisfactory evidence as to the kind and quality of the materials, equipment and furnishings.
18.9 Design Builder agrees that the Work will be of good quality, free of defects and will conform with the requirements of the Contract Documents. Work not conforming to the requirements of the Contract Documents, including substitutions in design or construction not specifically approved of authorized by the City in advance, may be considered defective.
18.10 Design Builder agrees to correct any errors), omission(s), or deficiencies in the Contract Documents or Construction Documents at no additional cost to City; however, this provision in no way limits the liability of Design Builder.
ARTICLE 19
SUBSURFACE HAZARDOUS MATERIALS
In the event trenches or other excavations extend deeper than four (4) feet below the surface, the Design Builder shall promptly, and before the following conditions are disturbed, notify the City in writing of any:
19.01 Material that the Design Builder 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.
19.02 Subsurface or latent physical conditions at the site differing from those indicated.
19.03 Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the Agreement.
19.04 Upon receipt of said notification the City will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Design Builder's cost of or the time required for
performance of any part of the work, the City will issue a change order under the procedures described in the General Provisions.
19.05 In the event that a dispute arises between the City and the Design Builder whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the Contractor's cost of or time required for performance of any part of the work, the Design Builder shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. The Design Builder shall retain any and all rights provided either by Agreement or by law which pertain to the resolution of disputes and protests between the contracting parties.
ARTICLE 20
INDEPENDENT CONTRACTOR
(a) Design Builder is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Design Builder shall at all times be under Design Builder's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Design Builder or any of Design Builder's officers, employees, or agents, except as set forth in this Agreement.
Design Builder shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Design Builder shall not incur or have the power to incur any debt, obligation, or liability whatever against the City, or bind the City in any manner.
(b) No employee benefits shall be available to Design Builder in connection with the performance of this Agreement. Except for the fees paid to Design Builder as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Design Builder for performing services hereunder for City. City shall not be liable for compensation or indemnification to Design Builder for injury or sickness arising out of performing services hereunder.
(c) Design Builder shall indemnify, defend and hold harmless, the City, its elected officials, officers, employees and agents, from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses of costs of any kind, whether actual, alleged or threatened, including contributions to any retirement and/or pension plan, legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, Design Builder's or by any individual or agency for which Design Builder is legally liable, including but not limited to officers, agents, employees or subconsultants of Design Builder, service as an independent contractor. The indemnity provisions set forth in this Section 20(c) shall survive the termination of this Agreement, and are in addition to any other rights or remedies the City may have under the law.
ARTICLE 21
LEGAL RESPONSIBILITIES
The Design Builder shall keep itself informed of State and Federal laws and regulations hich in any manner affect those employed by it or in any way affect the performance of its servic ursuant to this Agreement. The Design Builder shall at all times observe and comply with a such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Design Builder to comply with this Section.
ARTICLE 22
UNDUE INFLUENCE
Design Builder declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City has of will receive compensation, directly or indirectly, from Design Builder, or from any officer, employee or agent of Design Builder, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
ARTICLE 23
NO BENEFIT TO ARISE TO LOCAL OFFICERS AND EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this Agreement.
ARTICLE 24
RELEASE OF INFORMATION/CONFLICTS OF INTEREST
All information gained by Design Builder in performance of this Agreement shall be considered confidential and shall not be released by Design Builder without City's prior written authorization. Design Builder, its officers, employees, agents, or subconsultants, shall not without written authorization from the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City, unless otherwise required by law or court order.
(b) Design Builder shall promptly notify City should Design Builder, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request ("Discovery"), court order, or subpoena from any person or party regarding this Agreement
and the work performed there under of with respect to any project or property located within the City, unless Design Builder is prohibited by law from informing the City of such Discovery, court order or subpoena. City retains the right, but has no obligation, to represent Design Builder and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless City is a party to the lawsuit, arbitration, or administrative proceeding and is adverse to Design Builder in such proceeding, Design Builder agrees to cooperate fully with the City and to provide the opportunity to review any response to discovery requests provided by Design Builder. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 25
NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (ii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City: City of Industry
15625 Mayor Dave Way, Suite 100
City of Industry, CA 91744
Attention: City Manager
With a Copy To: James M. Casso, City Attorney
13300 Crossroads Parkway North, Suite 410
City of Industry, CA 91746
To Design Builder: Paul Carey, Principal
Skybridge Renewables, Corp.
1407 Batavia, Suite 118
Orange, CA 92867
ARTICLE 26
ASSIGNMENT
The Design Builder shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.
Before retaining or contracting with any subconsultant for any services under this Agreement, Design Builder shall provide City with the identity of the proposed subconsultant, a copy of the proposed written contract between Design Builder and such subconsultant which shall include and indemnity provision similar to the one provided herein and identifying City as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that
such proposed subconsultant carries insurance at least equal to that required by this Agreement or obtain a written waiver from the City for such insurance.
Notwithstanding Design Builder's use of any subconsultant, Design Builder shall be responsible to the City for the performance of its subconstultant as it would be if Design Builder had performed the Services itself. Nothing in this Agreement shall be deemed or construed to create a contractual relationship between the City and any subconsultant employed by Design Builder. Design Builder shall be solely responsible for payments to any subconsultants. Design Builder shall indemnify, defend and hold harmless the Indemnified Parties for any claims arising from, or related to, the services performed by a subconsultant under this Agreement.
ARTICLE 27
GOVERNING LAW/ATTORNEYS' FEES
The City and Design Builder understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the superior, or federal district court in Los Angeles County, California. If any action at law or suit in equity is brought to enforce or interpret the provisions of this Agreement, or arising out of or relating to the Services provided by Design Builder under this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all related costs, including costs of expert witnesses and consultants, as well as costs on appeal, in addition to any other relief to which it may be entitled.
ARTICLE 28
SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
ARTICLE 29
COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
ARTICLE 30
CAPTIONS
The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and shall have no significance in the interpretation of this Agreement.
ARTICLE 31
WAIVER
The waiver by City or Design Builder of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Design Builder unless in writing.
ARTICLE 32
REMEDIES
Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies.
ARTICLE 33
CORPORATION IN GOOD STANDING
If Design Builder is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that Paul Carey, whose title is Chief Executive Officer, is authorized to act for and bind the corporation.
ARTICLE 34
AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Design Builder represents and warrants that he/she has the authority to execute this Agreement on behalf of the Design Builder and has the authority to bind Design Builder to the performance of its obligations hereunder.
"CITY" "DESIGN BUILDER"
City of Industry Skybridge Renewables, Corp.
Vorces
By: By:_
Cory C. Moss, Mayor Paul D. Carey, CEO
Design Builder's Contractor License(s):
Skybridge Renewables, Corp.
B. C-10, No. 988619
Julie Gutierrez-Robles, City Clerk (Classification and License Number) Approved as to form: November 30, 2021
(Expiration Date)
Autohano
Design-Builder's Employer Identification No.:
James M. Casso, City Attorney 46-5160699
ATTACHMENTS
1. Preliminary Schedule
Design Builder's Proposal
Notice of Selection as Apparent Best Value Proposal
4. General Provisions
5. Special Provisions
Non-Collusion Declaration
7. Site Visit Certification
8. Drug Free Workplace Certification
9. Non-Asbestos Containing Materials Certification
ATTACHMENT 1 - PRELIMINARY SCHEDULE
Final Contract Negotiations 2 weeks
System Design and Engineering 2 weeks
Permitting 6 weeks
Mobilization 1 week
Construction 6 weeks
Testing and Commission 2 weeks
Permission to Operate (PTO) 3 weeks
Close Out 2 weeks
SKYBRIDGE
RENEWABLES
FINAL CONFIDENTIAL PROPOSAL
FOR
City of Industry
Solar and Storage Design-Build Project
Westmont - San Pedro, CA (16.4 MW)
In 2017 the Skybridge companies managed the Westmont Solar Project delivering the world's largest generating rooftop at over 16MWs.
June 10th, 2021
CONFIDENTIAL
SKYBRIDGE
RENEWABLES
June 10"', 2021
RE: TURNKEY DESIGN-BUILD Solar Power Generation and Energy Storage System To Whom It May Concern,
Skybridge Renewables is responding to the Request for Proposal to be considered to receive the contract for the DESIGN-BUILD SOLAR GENERATION AND ENERGY STORAGE SYSTEM.
The city's goal of achieving energy savings through solar and storage is most cost effectively achieved hrough the design-build process for several reasons. First, every solar and storage project is a custon project. Utility companies vary, customer rate schedules and usage are always dynamic including customer kilowatt hour time of use and demand schedules. In addition, the coordination needed to bring together an innovative and cost effective design, engineering, construction and maintenance of these systems requires expertise from a company who has the qualifications and experience to coordinate and successfully deliver all of these tasks.
Skybridge Renewables, Corp is a highly experienced design-builder of custom solar and energy storge projects to achieve energy savings. Since 2012, the Skybridge companies have been delivering custom solar and storage solutions for customers in both the public and private sectors. The Skybridge companies have custom modeled and design-built more than 50MWs of solar projects in the last 5 years alone and stand ready to design, engineer, construct, operate and maintain a custom solution for the City of Industry.
Skybridge utilizes a team of highly skilled design and professional engineers with decades of experience in solar and storage projects with an affinity for extreme quality. Our construction team is comprised of highly skilled, educated and qualified union labors that perform all onsite construction tasks, again with the main goal of a quality install. The Skybridge operations and maintenance team has decades of combined experience in exclusive solar and storage operations and are required to attend a week long accredited training program exclusively for solar and storage operations and maintenance.
Skybridge has been and will be responsive to the city's requests for proposals and information and has and the financial stability and bonding capacity to complete the project.
Skybridge Renewables agrees to enter into the binding agreements for this project as described by the RFP with minimum contract negotiations and to be governed by, to comply with and to meet or exceed the interconnection, safety and technical requirements of the RFP.
For any future questions please contact Paul Carey (contact information below).
Thanks to you and your staff for your consideration.
Sincerely
Paul D. Carey
Principal /Skybridge Renewables, Corp
(949) 424-9230
SKYBRIDGE
RENEWABLES
TABLE OF CONTENTS
1. INTRODUCTION
2. SKYBRIDGE COMPANIES BODY OF WORK
3. REFERENCES
4. DESIGN-BUILD SYSTEM PROPOSED / SCOPE &
PRICE
5. CLARIFICATIONS / EXCLUSIONS
6. WARRANTIES
7. ESTIMATED PROJECT SCHEDULE
SKYBRIDGE
RENEWABLES
INTRODUCTION
The Skybridge companies have developed, built and managed some of the largest and most prestigious renewable energy projects in the world.
Public sector projects include utilities, cities, counties, school districts, churches and Port Authorities. Our private sector work includes household names like NBC Universal, Warner Bros Studios, Trader Joes, Adobe Systems and the Irvine Companies.
The Skybridge philosophy is simple. We care about the environment we live in and so do our customer. So we're helping them achieve their sustainability goals and dreams. From the largest solar and battery projects on the planet, to the smallest microgrid systems, Skybridge is here to develop, design, engineer, construct and service renewable energy and efficiency systems.
Partners, Paul D. Carey and Jeremy D. Johnson have spent decades in the design, development, construction, operations and maintenance and financing of renewable energy and energy efficiency retrofits. Their passion for delivering the highest quality projects with honesty and integrity have built a trusted and respected brand in the energy business.
Our customers are saving millions all while contributing to the priceless environmental savings that leaves the world a better place.
We hope you join the Skybridge clean energy revolution that's changing the world...one solar panel at a time.
SKYBRIDGE
RENEWABLES
SKYBRIDGE COMPANIES BODY OF WORK
PORT WORK
POSP WESTMONT 16.4MW's - Rooftop Completed 2017
POLA Marnia South 1.177 MW's Canopy Completed 2020
USD AND SCHOOL WORK
LAUSD 340 kWp - Canopy and Rooftp - Completed 2018
PSUSD 460 kWp - Canopy - Completed 2018
DSUSD 60k Wp - Canopy - Completed 2020
GORMAN LEARNING CENTER 50kWp - Canopy Completed 2018
SYCAMORE ACADEMY 75kWp - Rooftop - Completed 2017
GREENDOT SCHOOLS Mulit-campus (3) Sites - Completed 2019 LOS ANGELES ACADAMY OF ARTS 102kWp - Canopy - Completed 2018
LADWP FIT WORK
WHITEMAN AIRPORT 376k Wp - Rooftop - Completed 2015
WHITEMAN AIRPORT 700.6 kWP - Rooftop - Completed 2018
WHITEMAN AIRPORT 165 kWp - Rooftop - Completed 2018
CHATSWORTH 500.6 kWp - Rooftop - Completedd 2018
DESOTO ST - 1.252 MW's Rooftop - Completed 2018
FRANCISCO ST - 2.376 MW's Rooftop - Completed 2019
XEBEC I - 2.858 MW's Rooftop - Completed 2018
XEBEC II - 700 kWp Rooftop - Currently Under Construction XEBEC III - 1.9 MW's Rooftop - Currently Under Construction PREFERRED FREEZER - 6.4 MW's Rooflop - Currently Under Construction BALBOA - 4.2 MW's - Rooftop - Currently Under Construction NORMANDIE 3.3 MW's - Rooftop - Currently Under Construction DEDEAUX 1.9 MW's - Rooftop - Completed 2019
COMMERCIAL AND INDUSTRIAL
SEVEN GABLES REALTY 115kWp - Canopy - Completed 2015
CIN LOS ALAMITOS 354k Wp - Rooftop - Completed 2015
KIA 160kWp - Rooftop - Completed 2018
WARNER BROS 110kWp Rooftop - Completed 2018
NBC UNIVERSAL 549 kWp - Rooftop - Completed 2020
ADOBE SAN FRAN 300k Wp - Rooftop - Completed 2019
IRVINE COMPANIES 10 Projects - Completed 2020
ESRI 252kWp - Rooftop - Completed 2020
San Antonio Winery 300k Wp Rooftop - Completed 2020
Le Feill 525kWp - Rooftop - Completed 2019
American Jerky - 500kWp - Completed 2020
MANY OTHERS
SKYBRIDGE
RENEWABLES
REFERENCES
TED FLANIGAN / ECOMOTION
The Skybridge Companies have Design-Built and provided O & M services for several projects for Ecomotion over the years. Including the following:
• LA County Metro Transit Authority
Palm Desert Charter
• Sycamore Academy
• Gorman Learning Center
• Panorama City Indoor Swap Meet
Contact Info:
Ted Flanagan
(949) 292-7314 Mobile
[email protected]
NICK DAVISON / SMART SOLAR SOLUTIONS
Skybridge has been working with Smart Solar for several years and recently built a project for Smart Solar Solutions called Long Beach Storage.
Contact Info:
Nick Davison (480) 529-5176
[email protected]
RAYMOND SABORIO / SACRED HEART (ARCHDIOCESE OF LOS ANGELES) Skybridge recently Design-Built a solar rooftop project for the Archdiocese atSacred Heart High School in Los Angeles
Contact Info:
Raymond Saborio (626) 827-3597 Mobile
[email protected]
ORION WISE / CAPTIAL INVESTMENT NETWORK
Skybridge has Design-Built several projects for Capital Investment Network.
Contact Info:
Orion Wise (714) 473-0893 Mobile
[email protected]
SKYBRIDGE
RENEWABLES
DESIGN BUILD SYSTEM PROPOSED
SCOPE & PRICE
Skybridge Renewables Corp (Skybridge) is a California corporation with extensive experience in solar and energy storage TURNKEY DESIGN-BUILD projects. Our highly skilled team of professionals have decades of experience in the design, engineering, construction, maintenance and management of solar and energy storage projects and other LEED-related energy systems.
Skybridge stands ready to provide and perform the following goods and services for the City of Industry in relation to completion of the proposed solar and energy storage installations at City of Industry City facilities and project specifics below:
CITY HALL METER ONE LOCATION: 15625 STAFFORD STREET
Total System Size = 100.1 kWp.
(260) Hyundai 395 modules or similar
(1) 66kW (or similar size) Solaredge, Solectria or SMA Inverter (129kWh Yotta Battery system)
CITY HALL METER TWO LOCATION: 15625 STAFFORD STREET
Total System Size = 85.47kWp
(222) Hyundai 395 modules or similar
(1) 66kW (or similar size) Solaredge, Solectria or SMA Inverter (122kWh Yotta Battery system)
COUNCIL CHAMBERS LOCATION: 15651 STAFFORD STREET
Total System Size = 80.85kWp
(210) Hyundai 395 modules or similar
(1) 66kW (or similar size) Solaredge, Solectria or SMA Inverter POST OFFICE COUNCIL CHAMBERS LOCATION: 15651 STAFFORD STREET Total System Size = 72.38k Wp
(188) Hyundai 395 modules or similar
(1) 66kW (or similar size) Solaredge, Solectria or SMA Inverter Skybridge hereby acknowledges all updates to the bidding documents. We preface this Bid with the following response to RFP items:
We acknowledge that this is a Prevailing Wage project. All specifications herein comply with these requirements.
TURNKEY DESIGN-BUILD FIXED PRICE: $1,244,640
SKYBRIDGE
RENEWABLES
CLARIFICATIONS / EXCLUSIONS
CLARIFICATIONS:
• Balance of system including combiner boxes and wire all sized to specifications • Data Acquisition System (DAS) displays, and web-based monitoring included • Installation and construction of the system at prevailing wage rates • Conduits and conduit installation from all combiner boxes up to subpanels • All placards and labeling required by utility, to meet PV interconnection requirements • Engineered final design per project development cycle.
EXCLUSIONS:
• Design or installation changes outside of original specs for purposes of aesthetics or other resulting in increased construction cost will be eligible for a price adjustment • Skybridge will use the specified components if available at the final time of • This bid excludes permanent perimeter fencing or additional protective measures (bollards, curbs, etc.) around the site
• Skybridge assumes that standard wind conditions (90 mph wind zone) exist at the installation location
• Skybridge will install the inverters and electrical equipment on standard housekeeping pad(s) or on available walls or parapet walls • Skybridge assumes that installation of the PV system will be done in one phase • Skybridge has excluded any special insurance requirements by the Owner not previously mentioned, including but not limited to OCIP's, earthquake pollution, excess etc
• Skybridge excludes replacement of PV modules or losses caused by theft or vandalism following delivery or installation
• Skybridge assumes that no neighboring trees or structures will impede solar exposure of the PV module and therefore their estimated production
RENEWABLES
WARRANITES
(25) year Module Warranty
(10) year Inverter Warranty
(10) year Energy Storage Warranty
* Warranty Cards provided at permit submission
SKYBRIDGE
RENEWABLES
ESTIMATED PROJECT SCHEDULE
A project schedule for all phases of work will be submitted after the award of contract and in conjunction with the completion of the Schematic Design.
The follow is a list of durations of the following phases:
Final Contract Negotiations 2 Weeks
System Design and Engineering 2 Weeks
Permitting 6 Weeks
Mobilization 1 Week
Construction 6 Weeks
Testing and Commission 2 Weeks
PTO 3 Weeks
Close Out 2 Weeks
TOTAL PROJECT TIME FROM NTP: 24 Weeks (6 months)
CITY OF INDUSTRY
January 29, 2018
Skybridge Renewables Corp.
Attention: Mr. Paul Carey
1407 N. Batavia, Suite 18
Orange, CA 92867
Reference: Contract No. 2017-1036
Design-Build for Solar Carport Canopy Power Generation System Dear Mr. Carey:
You are hereby given "Notice to Proceed" on the above-referenced project effective, as of January 29, 2018. A move-in period of 7 calendar days may commence effective February 5, 2018.
The DIR Project ID for this project is 226830. Please use this number to submit certified payroll records into DIR's Electronic Certified Payroll Reporting (eCPR) database.
Please mail certified payroll hard copies to:
City of Industry
Attention: Kristen Weger, Management Analyst III
15625 E. Stafford Street, Suite 100
City of Industry, CA 91744
If you have any questions, you can reach the project manager Lary Atherton me at (626) 498-2494 or [email protected].
Sincerely,
classy
Alex Gonzalez
Director of Development Services and Administration
C. Kristen Weger
Lary Atherton
15625 E. Stafford Street • City of Industry. California 91744 • 626.333.2211 • www.cityofindustry.org
GENERAL PROVISIONS
CONTRACT NO. CITY-1476
Solar Installation at City Hall
DEFINITIONS
A. Whenever the words defined in this article or pronouns used instead occur in these Specifications, or in any of the other contract documents, they shall have the meanings here given.
B. The term "City" shall mean the City of Industry.
C. The term "City Engineer" shall mean the person who is duly authorized by the City of Industry to serve in the capacity of City Engineer, or his/her designee.
D. The term "Contractor" shall mean the party of the second part entering into the contract with the City, and all of its officers, agents, and employees, for the performance of work required by these Specifications and legal representatives of said party.
E. The term "Subcontractor" shall mean one who, as a subcontractor performs at the site of the work some part of the Contractor's obligations under the contract.
2. CONTRACT DOCUMENTS
A. The Specifications together with the Agreement, constitute the CONTRACT. These contract documents are complimentary, and what is called for in any one shall be binding as if called for in all. The intention of the documents is to require a complete and finished piece of work. The Contractor at his sole cost and expense shall perform all labor and services and shall furnish all materials, tools, equipment of such items as are definitely stipulated in the Specifications or the drawings to be furnished by the City. Anything shown in the drawings and not in the Specifications, or in the Specifications and not in the drawings, shall be performed by the Contractor as though shown in both the drawings and the Specifications.
AUTHORITY OF THE ENGINEER
A. The City Engineer shall give all orders and directions contemplated under the contract shall determine the adequacy of the Contractor's methods, plant and appurtenances, shall determine in all cases the amount, quality, quantity and fitness of the several kinds of work and materials which are to be paid for; shall determine all questions in relation to said work and the construction thereof; and shall determine in all cases every question which may arise relative to the fulfillment of this contract on the part of the Contractor. Should any discrepancy appear or any misunderstanding arise as to the import of anything contained in the Specifications or drawings, the matter shall be referred to the City Engineer who shall decide same in accordance with the true intent and meaning construed by him, and his decision shall be binding upon the Contractor. Any differences or conflicts which may arise Contract No. CITY-1476 - Specifications D-1
between the Contractor and other Contractors of the City in regard to the work shall be adjusted and determined by the City Engineer.
4. ACCESS TO WORK
A. The CITY shall at all times and for any purpose have access to the work and the premises used by the Contractor; and the Contractor shall provide safe and proper facilities thereof.
LINES, GRADES, AND MEASUREMENTS
A. The Contractor shall furnish and provide necessary survey, including all construction stakes and reference points necessary for the proper and satisfactory construction and completion of the integrated work, and will provide the City Engineer with all necessary information relative thereto; and the work shall, during its progress and upon completion, conformation, to the grade, alignment and dimensions so indicated. A licensed Surveyor approved by the City Engineer must be used. All grade sheets shall be submitted to the City Engineer for approval 48 hours in advance of the construction.
B. Due precaution shall be exercised by the Contractor to preserve all such stakes and reference points in their original positions; and Contractor shall bear any expense incurred in replacing any that have been moved or destroyed as a consequence of negligence or any willful act of Contractor and/or Subcontractor(s).
C. Measurements required to determine quantities for purposes of payments under unit price items will be taken by the Contractor and checked by the City Engineer. All survey notes and calculations pertaining to the computation of quantities under unit price items will be made available to the City Engineer for review and approval.
The Contractor shall preserve all benchmarks, monuments, survey marks and stakes and, and shall be liable for the cost of their replacement in case of their removal or destruction by Contractor and/or Subcontracts).
6. LEGAL ADDRESS OF CONTRACTOR
A. The address given in the Contractor's proposal on which the contract is founded is hereby designated as the place to which all notices, letters and other communication to the Contractor shall be mailed or delivered. The mailing to or delivering at the above-named place of any notice, letter or other communications to the Contractor shall be deemed sufficient service thereof upon the Contractor. The date of said service shall be the date of such mailings or delivery. Such address may be changed at any time by a written notice signed by the Contractor and delivered to the City Engineer.
Contract No. CITY-1476 - Specifications D-2
CONTRACTOR'S RESPONSIBILITIES
A. The Contractor shall be responsible for safe and efficient methods and equipment used during the progress of the work; and to secure the safety of all workmen, maintain the quality of work required and conformance to approved schedules.
B. I The Contractor shall bear all losses resulting to him on account of the amount or character of the work or from any unforeseen obstructions or difficulties which may be encountered. Section D20 Paragraph B, "CHANGED CONDITIONS", of these General Provisions shall take precedence over Section D7 Paragraph B.
INDEMNIFICATION
1. Contractor shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contractor or by any individual or agency for which Contractor is legally liable, including but not limited to officers, agents, employees or subcontractors of Contractor.
2. DUTY TO DEFEND - In the event the City, its officers, employees, agents and/or volunteers are made a party to any action, claim, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by City, Contractor shall have an immediate duty to defend the City at Contractor's cost or at City's option, to reimburse the City for its costs of defense, including reasonable attorney's fees and costs incurred in the defense of such matters.
3. Payment by City is not a condition precedent to enforcement of this indemnity. In the event of any dispute between Contractor and City, as to whether liability arises from the sole negligence of the City or its officers, employees, or agents, Contractor will be obligated to pay for City's defense until such time as a final judgment has been entered adjudicating the City as solely negligent. Contractor will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney's fees, expert fees and costs of litigation.
D. The Contractor shall be responsible for any materials furnished him and for the care of all work until its completion and final acceptance and he shall, at his own expense, replace damaged or lost material and repair damaged parts of the work, or same may be done at his expense by the City.
E. During the progress of the work the Contractor shall keep the premises occupied by him in a neat and clean condition and free from unsightly accumulation of rubbish.
Contract No. CITY-1476 - Specifications D-3
He shall remove from the vicinity of the completed work all plant, building, rubbish, unused material, concrete forms and other equipment and materials belonging to him under his direction during construction and in the event of his failure to do so, same may be removed by the City at the expense of the Contractor. The City of Industry Disposal Company has an exclusive contract in the City for trash pickup.
See Special Provisions for additional waste hauling requirements.
F. During the progress of the work adequate provisions shall be made by the Contractor to so accommodate the normal traffic flow over any road or street being used to minimize any inconvenience to the general public. Satisfactory means of ingress and egress for occupants of property adjacent to the work with convenient access to driveways, houses and buildings shall be provided at all times. The Contractor shall be required to provide and maintain barriers, guards, lights and temporary bridges and to post watchmen and flagmen when and where it may be necessary to do so in order to effectively guard the public from danger as a result of work being done. The Contractor shall take any and all measures that may be necessary and reasonable to prevent injury to person and property during the progress of the work; shall comply with all Federal, State, and local laws that may be applicable in connection with the public convenience, health and safety; and shall comply with all provisions specified in the Agreement hereto.
G. The Contractor shall furnish to the City Engineer and to such other departments of the City as the City Engineer may designate, the name, address and telephone number of at least one (1) person who may be contacted by the City at any time when the Contractor or his authorized representatives are not present at the location of the Contractor in the event any emergency should arise.
8. CONTRACTOR'S COOPERATION
A. The Contractor shall cooperate with any and all persons or entities which may be operating in the same location at approximately the same time. Any coordination necessary between this Contractor and any other force in the area shall be accomplished by the City Engineer and his decision shall be binding.
SPECIFICATIONS AND DRAWINGS
A. The Contractor shall check all dimensions and quantities on the drawings or Schedule of Work Items herein contained or given to him by the City Engineer and shall notify the City Engineer of all errors therein which may be discovered by examining and checking the drawings. He shall not take advantage of any error or omission in these Specifications, or in the drawings or proposal form.
10. PERSONAL ATTENTION
The Contractor shall be present, either in person or by a duly-authorized and competent representative on the site of the work continually during its progress to ensure compliance with all of the requirements of the Contract.
Contract No. CITY-1476 - Specifications D-4
11. EXTRA WORK
A. Section 2-8 (Extra Work) shall be replaced with the following paragraph:
If the Contractor considers any work demanded of him to be outside the requirements of the contract, or if he considers any order or ruling of the City Engineer or of any inspector to be unfair, he shall immediately upon such work being demanded, or such order or ruling being made, ask for written instructions or decisions, whereupon he shall proceed without delay to perform the work or conform to the order or ruling; but unless the Contractor finds such instructions or decisions satisfactory, he shall within ten (10) days after receipt of same, file a written protest with the City Engineer stating clearly and in detail his objections and the reasons therefore. Except in the manner specified and within the time stated herein, the Contractor hereby waives all grounds for protests or obligations to the orders, rulings, instructions, or decisions of the City Engineer and hereby agrees that as to all matters not included in such protests, the orders, instructions and decisions of the City Engineer shall be final and conclusive. New or unforeseen work will be classified as Extra Work when the Engineer determines that it is not covered by Contract Unit Prices or Stipulated Unit Prices.
12. RIGHT OF WAY
A. The Right of Way for the work to be constructed under these Specifications will be provided by the City. Nothing herein contained, however, and nothing marked on the drawings shall be interpreted as giving the Contractor exclusive occupancy of the Right of Way provided.
B. Lands to be furnished by the City for construction operation and other purposes will be specifically shown on the drawings or provided for in the Special Provisions.
Should the Contractor find it necessary to use any additional land during the construction of the work, he shall provide for the use of such lands at his own expense.
13. TIME AND ORDER OF WORK
A. The Contractor shall at all times employ such force, plant, materials and tools as will be sufficient in the opinion of the City Engineer, to complete the work or any separable portions thereof, in accordance with the coordinating and detour plans and made part of the Special Provisions, and within the time limit fixed by the contract. If the Contractor should fail to employ such sufficient force, plant, materials and tools or to maintain adequate progress he may, after such failure, be required to increase his progress at any point or points or to modify the coordinating and detour plans and procedures in such a manner to the satisfaction of the City Engineer. No extension of time shall be made for ordinary delays and accidents and the occurrence of such shall not relieve the Contractor from the necessity of maintaining the required progress. In case of an extension by the City Engineer of the time for the completion of the contract as hereinafter provided, a revised schedule of progress may be prescribed in accordance with such extension of time.
Contract No. CITY-1476 - Specifications D-5
B. The time in which the various portions and the whole of the contracts are to be performed and the work is to be completed is of the essence of the contract.
14. ASSIGNMENT FOR CONTRACTOR
A. The Contractor shall not assign, transfer, convey or otherwise dispose of this contract or of his right, title or interest in or to the same or any part thereof, without the written consent of the City; and he shall not assign by Power of Attorney or otherwise any of the monies to become due and payable under the contract, unless by and with the like consent signified in like manner. If the Contractor without such previous written consent, assigns, transfers, conveys or otherwise disposes of the contract or of his right, title or interest therein, of or any of the monies to become due under the contract, to any other person, company or other corporation, the contract may, at the option of the City, be terminated and revoked and the City shall thereupon be relieved and discharged from any and all liability and obligations growing out of same to the Contractor and to his assignee or transferee. No right under the contract, nor any right to any money to become due hereunder, shall be asserted against the City in law or equity by reason of the so-called assignment of the contract, or any part thereof, or by reason of the assignment of any monies to become due hereunder, unless authorized as aforesaid by the written consent of the City.
15. SUBCONTRACT
A. At the discretion of the City, subcontracts may be permitted to such extent as shall be shown to be necessary or definitely advantageous to the principal Contractor in the prosecution of the work and without injury to the interests of the City. The resubletting of work by a subcontractor shall be subject to the same limitations as an original subletting. No subcontract will be permitted which has the effect of avoiding wage requirements or any provisions of the main contract. Individual subcontractors or members of subcontracting organizations, personally engaged upon the work, shall be subject to all the requirements of all conditions of these Specifications applicable to employees working for wages, and shall be responsible for the same levels of insurance and indemnification.
B. Reference is hereby made to the provisions of Chapter 2 of Division 5, Title 1, of the Government Code of the State of California. As required by the provisions of said Chapter 2, the Contractor shall state in his proposal, the name and location of the place of business 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 place and specifications, in an amount in excess of one-half of 1 percent of the prime Contractor's total proposal.
The attention of the contractor is directed to the other provisions of said Chapter 2.
Notwithstanding the provisions of said Chapter 2 and the Contractor's compliance Contract No. CITY-1476 - Specifications D-6
therewith, the City's acceptance of his proposal shall not constitute authority to the Contractor to sublet or subcontract any of the work to any subcontractor so named in the proposal but permission to subcontract any portion of the work to any subcontractor so named in the proposal shall be within the discretion of the City, as provided in subdivision (a) of this section.
C. A copy of each subcontract, if in writing, or if not in writing then a written statement signed by the Contractor giving the name of the subcontractor and the terms and conditions of each subcontract, shall be filed with the City Engineer before the subcontractor begins work.
Each subcontract shall contain a reference to the agreement between the City and the Contractor, and the terms of that agreement, and all parts thereof, shall be within a part of such subcontract insofar as applicable to the work covered hereby. Each subcontract shall provide for its annulment by the Contractor at the order of the City Engineer, if in the City Engineer's opinion the subcontractor tails to comply with the requirements of the principal contract insofar as the same be applicable to his work.
Nothing herein contained shall create any contractual relations between any subcontractor and the City or relieve the Contractor of any liability or obligation hereunder.
16. SUSPENSION OF CONTRACT
A. If the work to be done under the Contract is abandoned by the Contractor, or if the Contractor makes a general assignment for the benefit of his creditors or is adjudicated or bankrupt, or if a receiver of his property or business is appointed by a Court of competent jurisdiction, or if this contract is assigned by him otherwise than hereinbefore specified, or if at any time the City Engineer is of the opinion that the performance of the Contract is unnecessarily or unreasonably delayed, or that the Contractor is willingly violating any of the conditions or covenants of the contract, or of the Specifications, or is executing the same in bad faith or not in accordance with the terms thereof, or if the work is not fully completed within the time span identified in the contract for its completion, or within the time to which the completion of the contract may have been extended as hereinbefore provided, the City Engineer, acting on behalf of the City, may by written notice, instruct the Contractor to discontinue all work, or any part thereof, under this contract.
B. When such written notice is served upon the Contractor as provided in Section D17 Paragraph A hereof, he shall immediately discontinue the work or such part thereof as is covered by the notice and shall not resume same except by written instructions from the City Engineer. In any case, the City may take charge of the work and complete it via a new contract or by force account. In so doing, the City may take possession of and use any of the materials, plant, tools, equipment supplies and property of every kind provided by the Contractor for the purpose of his work. The City may procure other materials and provide labor for the completion of same, or contract therefore, and charge the expense of completion by either method to the Contractor.
Contract No. CITY-1476 - Specifications D-7
These charges shall be deducted from such monies as may be due or may at any time hereafter become due the Contractor under and by virtue of this contract, or any part thereof. In case such expense shall exceed the amount which would have been due the Contractor under the contract if same had been completed by him, Contractor is financially responsible for the amount of such excess to the City, and the City may, but is not required, to seek such reimbursement from Contractor's sureties; and, in case such expense shall be less than the amount which would have been payable under this contract, he shall have no claim to the difference, except to such extent as may be necessary, in the opinion of the City Engineer, to reimburse the Contractor or the Contractor's sureties for any expense properly incurred for plant, equipment, materials, supplies, and labor devoted to the prosecution of the work, of which the City shall have received the benefit and which shall not have been otherwise paid for by the CITY. In computing such expense, as it relates to plant and equipment taken over by the City, the salvage value of such plant and equipment, at completion of the work shall be deducted from the depreciated value thereof at the time taken over by the City, and the difference shall be considered as an expense. Evidence of such expense, satisfactory to the City Engineer, shall be required and all necessary estimates.
When any particular part of the work is being carried on for the City by contract or otherwise under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of this contract and in such manner as in no way to hinder or interfere with the persons or workmen employed as above provided by the City.
C, The City may, at any time, terminate the Contract for the City's convenience, with or without cause. Upon receipt of notice from the City of such termination, the Contractor shall: i) cease work as directed by the City in the notice; ii) take actions necessary, or that the City may direct, for the protection and preservation of the work; and iii) immediately notify any subcontractors and suppliers to cease work. In case of such termination for the City's convenience, the City shall pay contractor for work completed in accordance with the Contract documents prior to the effective date of termination.
17. SUSPENSION OF WORK - EXTENSION OF TIME - NO EXTRA COMPENSATION A. The City reserves the right of suspending the whole or any part of the work herein contracted to be done, if the City Engineer shall deem it for the interests of the City to do so. If said work shall be delayed in consequence of such suspensions, or of failure on the part of the City to provide right of way or any other act of omission by the City or by strikes, acts of God, or other unforeseeable causes beyond the control and without the fault or negligence of the Contractor, or his subcontractors, the Contractor shall be entitled to so much additional time wherein to perform and complete the contract on his part as the City Engineer shall certify in writing to be Contract No. CITY-1476 - Specifications D-8
When delay is caused by an order to suspend work given on account of climatic conditions that could have been reasonably foreseen, the Contractor shall not be entitled to any extension of time on account of such order.
B. Applications for extensions of time must be made promptly in writing stating reasons thereof. No delay shall be made the basis in any application for extension of time, unless such delay and the cause thereof shall have been called to the attention of the City Engineer in writing within the ten (10) days immediately following the end of such delay. Application for extension of time shall be addressed to the City Engineer.
C. Permitting the Contractor to continue and finish the work, or any part of it, after the date to which the time fixed for its completion may have been extended, shall in no way operate as a waiver on the part of the City of its rights under this contract.
D. The Contractor shall receive no compensation on account of any delay or hindrance herein mentioned, except as provided in the Special Provisions. 18A. COMPENSABLE DELAYS
Pursuant to California Public Contract Code Section 7102, Contractor will be compensated for damages incurred due to delays for which the City is responsible. Such actual costs shall be determined by the City Engineer. The City is not liable for damages which the Contractor could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The determination of what damages could be avoided shall be made by the City Engineer.
18. CHANGES
If either the City Engineer or the Contractor on account of conditions which develop during the progress of the work finds it impracticable to comply strictly with these Specifications, the City Engineer may prescribe a modification of requirements or of method of work.
For such purposes the City Engineer may, at any time during the life of the contract, by written order, make such changes as he shall find necessary in the design, line, grade, form, location, dimensions, plan or material of any part of the work to be done, these changes shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with, PROVIDED, that if such changes or alterations render useless any work already done or materials already furnished or used in the work, the City Engineer shall make reasonable allowance therefore, which action shall be binding upon both parties.
B. In the event of increasing or decreasing of work, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the contract. In the event no prices are named in Contract No. CITY-1476 - Specifications D-9
the contract to cover such changes or alterations, the cost of such changes shall be covered as hereafter provided for extra work.
19. EXTRA WORK AND CHANGED CONDITIONS -
A. EXTRA WORK - The provisions of Section 2-8 EXTRA WORK are modified as follows:
1. In Section 2-8 - add "The Contractor shall notify the City Engineer, in writing, of new or unforeseen work immediately (within 24 hours) upon their discovery and before they are disturbed. No extra work shall proceed until authorized, in writing, by the City.
CHANGED CONDITIONS
The provisions of Section 2-9 CHANGED CONDITIONS are modified as follows:
In the second paragraph, line 6, after the sentence ending with the phrase in accordance with Subsection 7-3 or 7-4, add "The Contractor shall not proceed with work on the changed condition until a change order has been issued."
In the fifth paragraph, line 2, delete the word "promptly" and insert "within twenty-four hours."
C. TOOL AND EQUIPMENT RENTAL
The provisions of subsection 7-4.2.3 TOOL AND EQUIPMENT RENTAL are modified as follows:
Delete the second paragraph and insert "The equipment rental rates shall be those rates established by the Contractor as its direct costs.
Authorized standby costs of equipment shall be that portion of the rental rate established as ownership costs. Prior to start of work, the Contractor shall submit a list of all equipment anticipated to be used on the project showing the rental rate, less labor, to include a separate column for ownership costs. These rates are subject to audit by the City and are adjustable according to the findings of the auditor." Subsections are referenced to Standard Specifications for Public Works Construction. Subsection 7-4.3.2 WORK BY
SUBCONTRACTOR - add "Work by second tier subcontractors shall have no additional markup added."
20. MONTHLY COSTS STATEMENTS
A. The Contractor shall, unless otherwise set forth in the Special Provisions, furnish the City Engineer promptly, at the end of each calendar month, all information Contract No. CITY-1476 - Specifications D-10
necessary to determine the costs of the work done up to that date, including an itemized statement in a form satisfactory to the City Engineer of the actual cost of all acceptable materials delivered by the Contractor to the site. The Contractor shall permit the City Engineer to have access to original payrolls, vouchers and other records to the extent required to verify the figures given in each such statement and the Contractor shall not be entitled to receive payment on account of any invoice herein provided for unless and until he shall furnish the City Engineer a satisfactory statement of the cost of the work up to the end of the month, or of the entire period, if completed.
21. INVOICES AND APPLICATION FOR PAYMENT REQUEST
A. The City Engineer shall, upon receipt of information as provided in Section D21, hereof, authorize the Contractor to submit an invoice and application for payment request, such as in the City Engineer's opinion shall be just and fair, covering the amount and value of all the work done by the Contractor and of the amount and value of all acceptable materials furnished and delivered by the Contractor to the site and not used up to that time in the performance of the contract. To the figure thus arrived at shall be added any amounts due to the Contractor for extra work and the amount of any approved claims for extra cost to the date of the invoice. If securities are not provided in lieu of retention monies (see Section D63), then a deduction of five percent (5%) shall be made from the total thus combined. From the remainder there shall further be deducted any amount due the City from the Contractor for supplies or materials furnished or service rendered and any other amounts that may be due to the City under the terms of the contract and the remainder shall constitute the progress payment for that month. Such invoice shall be in a form provided by the City Engineer and shall be submitted in triplicate to the City Engineer the first Thursday of each month.
22. PROGRESS PAYMENT MAY BE WITHHELD
A. The progress payment provided for in Section D24, hereof, may at any time be withheld or reduced if, in the opinion of the City Engineer, the Contractor is not diligently and efficiently endeavoring to comply with the intent of the contract, or, if the Contractor shall fail to pay his labor and materials as they become due.
23. PROGRESS PAYMENTS
A. Upon receipt by the City Engineer of the invoice and application for payment request as specified in Section D22, hereof, the City Engineer shall, within thirty (30) days after the date of such receipt, except as stipulated in subsection (b) hereof, pay to the Contractor the amount stated on such invoice and application for payment request; provided, however, that the City may at all times reserve and retain from such progress payment, any sum or sums which by the terms hereof, or of any law of the State of California, is or may be authorized or required to reserve or retain; and provided further, that no such progress payment shall constitute acceptance of the work or of any portion, thereof. The percentage deducted as above set forth Contract No. CITY-1476 - Specifications D-11
shall become due and payable with and as part of the final payment to be made as hereinafter provided.
B. In the event the contract, or any part thereof, shall be suspended as provided in Section D17, hereof, the retained percentage as provided in Section D23, hereof, shall become the sole and absolute property of the City to the extent necessary to repay to the City as excess in the cost of the work above the contract price. After issuance of notice to discontinue work, no payment upon invoices or otherwise shall thereafter be made the Contractor for the work covered by said notice until completion of the work and final settlement.
24. FINAL INVOICE, APPLICATION FOR PAYMENT AND PAYMENT
A. With reference to the Standard Specifications for Public Works Construction, the applicable provisions of Subsection 3-13 (Completion and Acceptance) and 7-3 (Payment) are modified as follows:
After the acceptance of the work by the City, the City Engineer will file a Notice of Acceptance with the County Recorder. Retained money, less any authorized deductions, will be released to the Contractor thirty-five (35) days after the filing of the Notice of Acceptance. The Contractor shall execute a lien release for all work included in the final payment.
25. RECOVERY OF DAMAGES
A. The making of an estimate and payment in accordance therewith shall not preclude the City from demanding and recovering from the Contractor such damages as it may sustain by reason of his failure to comply with the Specifications.
26. FINAL PAYMENT TERMINATES LIABILITY
A. The acceptance by the Contractor of the final payment aforesaid shall be a release to the City and its agents, from all claim and liability to the Contractor for anything done or furnished for, or relating to, the work or for any act or neglect of the City or any person relating to or affecting the work, except the claim against the City for the remainder, if any, of the amounts kept or retained as provided in Section D25,
27. NO PERSONAL LIABILITY
A. No agent of the City shall be personally responsible for any liability arising under the contract. No claim shall be made or filed and neither the City nor any of its agents, shall be liable for, or held to pay money, except as specifically provided in the contract.
Contract No. CITY-1476 - Specifications D-12
28. ADDITIONAL SURETY
A. If during the continuance of the Contract, any of the sureties upon the faithful performance bond, in the opinion of the City Engineer, are or become insufficient, he may require additional sufficient sureties which the Contractor shall furnish to the satisfaction of the City Engineer within Fifteen (15) days after notice, and in default thereof, the contract may be suspended and the work completed as provided in Section D17, hereof.
29. PAYMENT OF WAGES
A. The issuance of a check as payment for wages of evidence and indebtedness is prohibited unless same is negotiable and payable on demand without discount.
Wages must be paid at least weekly on a regular pay day established in advance, and shall include all amounts for labor or services performed by employees of every description required under the provisions of the California Labor Code.
B. The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (California Labor Code Section 1771.4).
30. PAYROLL RECORDS
A. Contractor, and each subcontractor shall, pursuant to Labor Code Section 1776, 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 him or her in connection with the public work. The Contractor shall be responsible for providing certified copies of all such payroll records in compliance with Labor Code Section 1776.
B. Pursuant to California Labor Code Section 1771.4, the contractor and its subcontractors) shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
At least monthly or more frequently if specified in the contract with the awarding body.
In a format prescribed by the Labor Commissioner.
31. EIGHT-HOUR LAW
A. The maximum hours of work for adults and minors and requirements for overtime pay are governed by the California Labor Code. The Contractor, its agents and employees shall be bound by and comply with the applicable provisions of the California Labor Code.
Contract No. CITY-1476 - Specifications D-13
32. CHARACTER OF WORKMEN
A. None but skilled workmen shall be employed on work requiring special qualifica- tions. All personnel performing the work under the contract shall be qualified and licensed to perform such services.
33. MATERIALS, WORKMANSHIP AND TESTS
A. The Contractor shall submit samples or test pieces of such materials to be furnished or used in the work as the City Engineer shall require. All materials must be of the specified quality and equal to approved sample, if samples have been submitted.
The City shall pay for, without cost to the Contractor, all tests and test data required for quality of construction materials and soil samples as may be required tor test purposes, and shall place at the City Engineer's disposal all available facilities for and cooperate with him in the sampling and testing of all materials and workmanship. All work must be completed in a thorough and workmanlike manner, notwithstanding any omission from these specifications and/or drawings. All soils tests, if required, will be certified by a Geotechnical Engineer and shall be made available without cost to the Contractor.
34. INSPECTION
A. The Contractor shall furnish the City Engineer every reasonable facility for ascertaining whether the work is in accordance with the requirements and intention of these specifications and applicable plans.
B. All materials furnished and all work done under these specifications shall be subject to rigid inspection. Work done in the absence of prescribed inspection may be required to be torn out and replaced under the proper inspection and the entire cost of tearing out and replacement, including the cost of all materials which may be furnished by the City and used in the work torn out, shall be borne by the Contractor, irrespective of whether the work torn out is found to be defective or not.
C. Work covered up without the authority of the City Engineer shall, upon order of the City Engineer, be uncovered as required, and the Contractor shall similarly bear the entire cost of performing all the work and furnishing all the materials necessary for the removal of the covering and its subsequent replacement, as directed and approved by the City Engineer. The Contractor shall provide the City Engineer access into the work area.
35. DEFECTIVE WORK OR MATERIALS
A. The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill his contract as herein prescribed and defective work shall be made good and unsuitable materials may be rejected notwithstanding that such work and materials have been previously inspected by the City Engineer and accepted or estimated for payment. If the work, or any part thereof, shall be found defective at any time before the final acceptance of the whole work, the Contractor shall forthwith Contract No. CITY-1476 - Specifications D-14
make good such defect without compensation in a manner satisfactory to the City Engineer and shall be charged as provided in the preceding section for any excess material furnished by the City.
B. If any materials furnished and brought on-site by the Contractor for use in the work or selected for same by him, shall be condemned by the City Engineer as unsuitable or not in conformity with the Specifications, the Contractor shall forthwith discard such materials and remove them to a satisfactory distance from the vicinity of the work.
C. If the Contractor shall fail or neglect to make ordered repairs of defective work or to remove condemned materials from the work within ten (10) days after the service by the City Engineer of an order to do such repair or remove such materials, the City Engineer, acting on behalf of the City, may make the ordered repairs or remove the condemned materials and deduct the cost thereof from the monies due the Contractor.
36. PROPERTY RIGHTS IN MATERIALS
A. Nothing in this contract shall be construed as vesting in the Contractor any right or property in the materials used after they have been attached or affixed to the soil, or after payment has been made for the value of unused material delivered to the site of the work as provided for in Section D23, hereof. All such materials attached or affixed or unused shall become the property of the City.
37. TITLE TO MATERIALS FOUND ON THE WORK
A. The right to the use of all soil, stone, gravel, sand and all other material and equipment developed or obtained in the excavation or other operations by the Contractor or any subcontractor or any of their employees, and the right of use and/or disposal of same, are hereby expressly reserved in the City and neither the Contractor, nor any subcontractor or any of their employees shall have any right, title or interest in or to any part thereof, nor shall they, nor any of them, assert or make any claim thereto. The Contractor shall be permitted to use in the work without charge any such materials which meet the requirements of these specifications.
38. ENFORCEMENT OF ORDER
A. The Contractor shall be responsible for maintaining good order at the site where work is performed under this contract and to that end shall employ such watchmen or other persons as may be required. The Contractor shall not sell, nor shall he permit or suffer the introduction or use of, intoxicating liquors upon the works embraced in these Specifications or upon any of the grounds occupied or controlled by him in connection with such works.
Contract No. CITY-1476 - Specifications D-15
39. PATENTS AND COPYRIGHTS
A. The Contractor shall hold and save the City, its officers, agents and employees, harmless from liability of any nature, any kind, including costs and expenses for on account of, any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or appliance manufactured, furnished or used by him in the performance of this contract, including their use by the City, unless otherwise specifically stipulated in this contract.
40. LAWS AND REGULATIONS
A. The Contractor shall keep himself fully informed of all laws, ordinances and regulations in any manner affecting those engaged or employed on the work, or the materials used in the work, or in any way affecting the conduct of the work. If any discrepancy or inconsistency should be discovered in this contract or in the drawings or specifications herein referred to, in relation to any such law, ordinance or regulation, he shall forthwith report same in writing to the City Engineer. He shall cause all his agents and employees to observe and comply with all such laws, ordinances and regulations in effect or which may become effective before completion of this contract.
B. Except as otherwise explicitly provided elsewhere in these Specifications; all permits and licenses necessary to the prosecution of the work shall be secured by the Contractor at his own expense, and he shall pay all taxes properly assessed against his equipment or property used or required in connection with the work.
C. All Federal Laws and regulations now imposed by competent authority and relating to any materials required to be furnished under these Specifications and work required to be done hereunder shall be deemed to be and hereby are made controlling and part of these Specifications.
41. SALES AND/OR USE TAXES
A. Except as may be otherwise specifically provided herein, all sales and/or use taxes assessed by Federal, State or local authorities on material used or furnished by the Contractor in performing the work hereunder shall be paid by the Contractor.
42. PUBLIC SAFETY
A. During the performance of the work the Contractor shall erect and maintain temporary fences, bridges, railings and barriers and take all other necessary precautions and place proper guards for the prevention of accidents; shall put up and keep suitable and sufficient lights and other signals.
43. TRESPASS
The Contractor shall be responsible for all damages or injury which may be caused on any property by trespass of the Contractor's agents/employees in the course of Contract No. CITY-1476 - Specifications D-16
their employment, whether said trespass was committed with or without the consent or knowledge of the Contractor.
44. SAFETY, SANITARY AND MEDICAL REQUIREMENTS
A. The Contractor and his subcontractors, if any, and employees shall promptly and fully carry out the existing safety, sanitary and medical requirements as may from time to time be prescribed by the City to the end that proper work shall be done, and the safety and health of the employees and of the community may be conserved and safeguarded. In case such regulations and orders are not observed by the Contractor, they may be enforced by the City Engineer at the Contractor's expense.
45. WATER AND POWER
A. Unless otherwise provided in the Special Provisions, the Contractor shall make all necessary arrangements and provide, at his own expense, all necessary water and power required for his operations under the contract.
46. EXAMINATION OF GROUND
A. Contractors must examine and judge for themselves as to the location of the proposed work, the nature of the excavation to be made and the work to be done.
47. REMOVING OBSTRUCTIONS
A. The Contractor shall remove all trash, stones, debris and other obstructions that may be encountered in making improvements. The Contractor shall remove trees where required by the plans or where the proper completion of the work requires their removal. Any trees and landscaping removed shall be replaced as required by owner.
48. PUBLIC UTILITIES
In case it should be necessary to move the property of any owner of a public utility or franchise, such owner will, upon completion of related scope be notified by the City Engineer to move such property within a specified reasonable time, and the Contractor shall not interfere with said property until after the expiration date of the time specified.
B. The right is reserved to the City and to the owners of public utilities and franchises to enter upon the work site for the purpose of making necessary repairs or for making changes in their property that may be required due to the nature of the work.
The Contractor shall notify the City Engineer in writing when the rough grading has been completed
C. During the thirty (30) days after the filing of this notice with the City Engineer, the City or any owner of the public utility shall have the right to enter upon the premises for the purposes of laying or relaying pipes, conduits and appurtenances.
Contract No. CITY-1476 - Specifications D-17
49. LOSS OR DAMAGE
A. Any damage caused by the Contractor to any utilities shown or not shown on the plans for this project shall be paid for by the Contractor. All loss or damage arising from any unforeseen obstruction or difficulties, either natural or artificial, which may be encountered in the prosecution of the work or from any action of the elements prior to the final acceptance of the work, or from any act or omission not authorized by these Specifications, on the part of the Contractor or any agent or person employed by him, shall be paid for by utility companies within the project area. Any delays as a result of utility company work will be at no cost to the City.
50. PROTECTION OF WORK AND CLEANING UP
A. The Contractor shall care for all work until final completion and acceptance. The Contractor shall provide and maintain a water plan to properly drain standing water from the work area at no extra cost to the City. He shall remove all surplus materials and rubbish from the work after its completion and before he makes application for the acceptance of the work. All damages done to existing improvements by the Contractor shall be repaid by him.
51. FINAL INSPECTION
The Contractor shall notify the City Engineer when he desires a final inspection of the work. The latter will, as soon thereafter as possible, make the necessary examinations and, if the work is found to be in compliance with the contract, the City Engineer will furnish the Contractor with a certificate to that effect.
52. ALLOWABLE VARIATIONS
A. When, in these Specifications, a maximum or minimum either in size, percentage or thickness or relating to quality, character or other matter is allowed or prescribed, the work shall be accepted as in compliance therewith if within such maximum or minimum so allowed thereby.
53. DUST CONTROL
A. The Contractor shall provide such dust allaying equipment and methods as may be required to protect adjacent property from annoyance or damage from dust caused by his operations, and failure to control such dust shall be cause for the City Engineer to stop the work until said dust shall be controlled; and the Contractor shall have no recourse to collect from the City for any loss of time or expense sustained by him due to such suspension of work.
54. MAINTENANCE AND GUARANTEE
A. The Contractor hereby guarantees that the entire work constructed by him under the contract will meet fully all requirements thereof as to quality of workmanship and of materials furnished by him. The Contractor hereby agrees to make at his own Contract No. CITY-1476 - Specifications D-18
expense any repairs or replacements made necessary by defects in materials of workmanship supplied to him that become evident within one (1) year after the date of the filing of the Notice of Acceptance and to restore to full compliance with the requirements of these specifications, including test requirements set forth herein for any part of the work constructed hereunder, which during said one (1) year period, is found to be deficient with respect to any provisions of the Specifications. The Contractor also agrees to hold the City harmless from claims of any kind arising from damage due to said defects. The Contractor shall make all repairs and replacements promptly upon receipt of written orders for same from City Engineer.
If the Contractor fails to make the repairs and replacements promptly, the City may do the work and the Contractor and his surety shall be liable to the City for the cost thereof.
55. MATERIALS
A. All materials which are to become a part of the completed project shall be new and shall conform to the requirements prescribed therefore.
All references in these Specifications to other Specifications for material and testing requirements such as to the American Society for Testing Materials Standards (ASTM Designations) and the American Association of State Highway Official Standard Specifications (AASHO Designations) shall be interpreted to mean current specifications as of the date of advertisement for proposals.
56. CLEANUP
Throughout all phases of work the Contractor shall keep the work areas in a clean condition free from rubbish and debris. All materials and equipment in connection with the construction of any portion of the work shall be removed from the site as soon as the use of said materials and equipment is no longer necessary and the area involved shall be thoroughly cleaned by sweeping with power and/or hand brooms or by other means which will produce the same result.
Care shall be taken to prevent spillage on streets over which hauling is done and any such spillage or debris deposited on streets due to the Contractor's operations shall be immediately removed and the streets cleaned.
C. Earth dams at catch basin openings, local depressions, or elsewhere except in time of emergency, will not be permitted. Temporary dams constructed of sand bags, asphaltic concrete or other acceptable material may be permitted whenever necessary to protect the work, provided that their use does not create a hazard or nuisance to the public. These dams, if permitted, shall be removed and disposed of away from the site as soon as their use is no longer necessary.
During all phases of work, the Contractor shall take precautions to abate dust nuisance by cleaning up, sweeping, sprinkling with water or other means as necessary to accomplish results satisfactory to the City Engineer, but whatever means are used, dust shall not be discharged into the atmosphere. The use of Contract No. CITY-1476 - Specifications D-19
water, which produces mud on public streets, will not be permitted as a substitute for sweeping or other methods of control.
E. Upon completion of the work and prior to final inspection, the entire site of operations shall be cleared of equipment, unused materials and rubbish so as to present a clean and neat appearance satisfactory to the City Engineer.
F. All costs of "Cleanup" shall be absorbed in the prices proposal for the various proposal items.
Failure on the part of the Contractor to comply with the orders of the City Engineer regarding cleanup may result in a written directive from the City Engineer to cease progress on any and all parts of the work under contract until the unsatisfactory condition is corrected. No additional compensation will be allowed as a result of such suspension.
57. IEMERGENCIES
A. Unusual conditions may arise on the work which will require that immediate and unusual provisions be made to protect the public from damage or loss; or damage to life or property, due directly or indirectly to the execution of the work, and/or it is part of the service required of the Contractor to make such provisions and to furnish such protection.
B. The Contractor shall at all times when rainfall is occurring on the project, have supervisory personnel and workmen on duty. During such times, the Contractor shall have readily available sufficient material and equipment to protect the public from danger and to protect the project works, as well as private property from damage.
C. Whenever, in the opinion of the City Engineer, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property which may be injured by negligence on the part of the Contractor; and whenever, in the opinion of the City Engineer, immediate action shall be considered necessary in order to protect public or private personal property interests or prevent likely loss of human life or damage on account of the operations under the contract, then and in that event, the City Engineer may, after notification (if practical) to the Contractor, provide suitable protection of said interests by causing such work to be done and material to be furnished as, in the opinion of the City Engineer, may seem reasonable and necessary.
D. The cost and expense of said labor and material, together with the cost and expense of such repairs as may be deemed necessary, shall be borne by the Contractor and, if he shall not pay said cost and expense upon presentation of the bills therefore, duly certified by the City Engineer, then said cost and expense will be paid by the City and shall thereafter be deducted from any amounts due or which may become due said Contractor. Failure on the part of the City Engineer, however, to take such Contract No. CITY-1476 - Specifications D-20
precautionary measures, shall not relieve the Contractor from his responsibility for public satety.
58. APPRENTICESHIP REQUIREMENTS
A. Contractor hereby represents and warrants that he is familiar with the provisions of Section 1777.5 of the California Labor Code and unless otherwise exempted by Section 1777.5, he shall comply with all the requirements of the Section and shall be responsible for assuring that all subcontractors comply with the requirements of that Section.
59. CONTRACTOR REGISTRATION PROGRAM
A. A contractor or subcontractor shall not be qualified to proposal on, be listed in a proposal, 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 this section for an unregistered contractor to submit a proposal 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. Any proposals submitted without proof that contractor and any listed subcontractors) are currently registered and qualified to perform public work, pursuant to Labor Code Section 1725.5, may not be accepted by the City.
60. JOB SITE NOTICES
A. The contractor shall post job site notices, as prescribed by regulation (California Labor Code Section 1771.4)
Contract No. CITY-1476 - Specifications D-21
SPECIAL PROVISIONS
CONTRACT NO. CITY-1476
Solar Installation at City Hall
These provisions are modifications of the Standard Specifications for Public Works Construction, 2018 Edition, called the Standard Specifications (SSPWC or "Greenbook").
The Standard Specifications are a part of the Work's Specifications.
Contract No. CITY-1476 - Specifications E-1
PART 1
GENERAL PROVISIONS
SECTION 2 - SCOPE OF THE WORK
2-2 PERMITS Add the following:
A no-fee construction permit will be required from the City of Industry, located at:
15625 Mayor Dave Way
City of Industry, CA 91744
The contractor shall obtain the building permit electrical permit from Los Angeles County Building and Satety prior to start of construction. Contractor shall be responsible for submittal of all necessary information and full compliance with all the requirements stipulated under Project Conditions of the Permit, including providing proof of insurance, in order for the County to validate the Permit. The City will reimburse the Contractor for any permit or inspection fees required by the County.
The Contractor shall maintain a copy of all required permits at the job site. 2-5 THE CONTRACTOR'S EQUIPMENT AND FACILITIES
2-5.2 Temporary Utility Services. Add the following:
The Contractor is reminded that he is responsible for the control of water through the construction staging area, at all times.
SECTION 3 - CONTROL OF THE WORK
3-7.2 Precedence of the Contract Documents. Revise the order of precedence and incorporate additional items as follows:
a) Permits issued by jurisdictional regulatory agencies b) Change Orders and/or Supplemental Agreements; which occurs last c) Contract/Agreement
Schedule of Work Items
e) Special Provisions
f) General Provisions
g) Standard Specifications
h) Reference Specifications
3-10 SURVEYING. Add the following sub-section:
Contract No. CITY-1476 - Specifications E-2
3-10.4 Survey
Disregard Paragraphs 5a on Page D-2, in Section D - General Provisions. The City will furnish and provide any necessary survey, including all construction stakes and reference points necessary for the proper and satisfactory construction and completion of the integrated work. The Contractor shall provide a grade checker for the day to day grade checking of construction activities. Request for survey shall be made through the City Engineer and at least 48 hours prior to the survey being needed.
SECTION 6 - PROSECUTION AND PROGRESS OF THE WORK
6-1 - CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK 6-1.1 Construction Schedule. Add the following:
The Contractor shall submit a detailed schedule of work to the City Engineer for review prior to commencing construction of any portion of the project. The Engineer shall have the right to revise or alter the Contractor's work schedule. The submission and review of the schedule is done for the benefit of the Contractor. Submission of a construction schedule shall in no way modify the contract between the parties, nor shall the schedule, under any circumstances, be considered a reasonable time within which the Contractor can complete its work. All potential delay damages and liquidated damages shall be calculated based upon the contract duration set forth in paragraph B. (2) of the contract.
Under no circumstances will the Contractor's proposed schedule be utilized, in any way, for the purposes of calculating delay claims at a later date. 6-3 TIME OF COMPLETION Add the following subsections:
6.3.3 Additional Requirements.
Working hours shall be between the hours of 8:00 A.M. and 5:00 P.M. Monday through Friday. Work outside these hours, including weekend work may be allowed subject to the approval of the City Engineer on a limited basis. Work outside the above working hours or weekend work will be performed without additional cost to the City. An advance notice of no less than 48 hours shall be made in writing to the City Engineer for any work outside the above working hours or weekend work prior to commencement of such work. No work outside the above working hours or weekend work shall begin without the written approval of the City Engineer.
Contract No. CITY-1476 - Specifications E-3
SECTION 7 - MEASUREMENT AND PAYMENT
7-3.4 Mobilization. Add the following:
Mobilization shall be in accordance with Subsection 7-3.4 "Mobilization," of the Standard Specifications, and these special provisions.
Mobilization shall consist of the following:
• Preparatory work and operations, including but not limited to, those necessary for the movement of personnel, equipment, supplies, incidentals to the project site
• Notification of Residents and Businesses
• Cleaning up the site at the completion of project
• Establishment of all construction yards, sanitary facilities, and any other facilities necessary for work on the project
• 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 • All demobilization costs anticipated during construction and at the completion of the project.
No additional compensation will be allowed for additional mobilizations required, including but not limited to, delays caused by the relocation of existing utility facilities shown on the plans or discovered during construction operations.
Payment for mobilization, de-mobilization and site cleanup at the completion of the project, additional mobilizations, and all costs incurred prior to beginning work shall be considered to be included in the cost of the contracted value. No additional compensation will be allowed.
7-4.3 Markup. Revise as follows:
7-4.3.1 Work by Contractor. The following percentages shall be added to the Contractor's costs for approved Changes in Work, and shall constitute the markup for all overhead and profits:
1) Labor .... ..... 20%
2) Materials ... 15%
3) Equipment Rental ... ........ 15%
4) Other Items and Expenditures ... .......... 15%
To the sum of the costs and markups provided for in this subsection, 1 percent shall be added as compensation for bonding.
7-4.3.2 Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3 (a) 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 of work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.
Contract No. CITY-1476 - Specifications E-4
PART 2
CONSTRUCTION MATERIALS
NOT USED
Contract No. CITY-1476 - Specifications E-5
PART 3
CONSTRUCTION METHODS
NOT USED
Contract No. CITY-1476 - Specifications E-6
PART 4
EXISTING IMPROVEMENTS
SECTION 401 - REMOVAL
401-1 GENERAL
Add the following subsections:
401-1.1 Disposal of Solid Waste.
City of Industry Disposal Company (associated with Valley Vista Services) has an exclusive franchise agreement with the City of Industry for the collection and hauling of solid waste material. In order to be in compliance with City of Industry Municipal Code Section 8.20, Integrated Waste Management, the Contractor must utilize City of Industry Disposal to remove solid waste from this project. The Contractor must contact City of Industry Disposal (contact information is below) to obtain information regarding rates and fees for this project. To facilitate the removal of solid waste, the Contractor shall contact Joel Simonian City of Industry Disposal at (626) 855-5578 or (626) 736- 7782, to schedule trucks or appropriate waste collection containers, such as trash bins, dumpsters or roll-offs, to remove solid waste materials from this project. The Contractor will be responsible for all fees charged by the City of Industry Disposal to haul and dispose of solid waste materials.
The Contractor shall be responsible for loading the trucks and/or containers and the cost for this work shall be considered included in the various items in the Bid Schedule that would generate solid waste.
Any hauling outside of the franchise agreement, of construction and demolition debris, including commingled construction/ demolition materials, or contracting with another entity to perform hauling or transportation of solid waste is a violation of Industry Municipal Code Section 8.20.
SECTION 402 - UTILITIES
402-1 LOCATION
402-1.1 General. Add the following:
Before starting work, the Contractor shall verify the locations and elevations of all existing utilities by contacting Underground Service Alert at (800) 422-4133, at least 48 hours in advance. The Contractor shall notify the utility companies and agencies listed below before beginning excavation and shall coordinate his work with them.
Contract No. CITY-1476 - Specifications E-7
If the Contractor wishes to have any utility located, he should contact the utility purveyor at least 48 hours prior to construction in the immediate vicinity of the utility. Any additional potholing to locate existing underground utilities shall be the responsibility of the Contractor, and no further compensation shall be allowed.
It shall be the Contractor's responsibility to notify and coordinate work with all the affected utility companies.
402-1.2 Payment. Add the following:
Payment for all utility location by Contractor shall be included in the contract value, and no additional compensation will be allowed.
Contract No. CITY-1476 - Specifications E-8
PART 5
PIPELINE SYSTEM REHABILITATION
NOT USED
Contract No. CITY-1476 - Specifications E-9
PART 6
TEMPORARY TRAFFIC CONTROL
SECTION 600 - ACCESS
600-1 General. Add the following:
Access to businesses and driveways must be maintained at all times. In addition, the Contractor shall conduct the work so as to minimize inconvenience to the various businesses along the limits of work. One week prior to the start of work, the Contractor shall notify the affected businesses along the limits of work. Their business operations shall not be unduly interrupted because of the work. The Contractor shall consider the size and type of vehicles and other factors that said businesses use for their operations.
Prior to any driveway, curb and gutter, sidewalk reconstruction, the Contractor shall contact and coordinate their work with said business owners and/or representatives.
SECTION 601 - TEMPORARY TRAFFIC CONTROL FOR
CONSTRUCTION AND MAINTENANCE WORK ZONE
601-1 General. Add the following:
The use of flagmen may be required if deemed so by the CITY Engineer. Adequate flagmen, construction signs barricades, delineators, and arrow boards shall be used to the satisfaction of the CITY Engineer. Adequate traffic control shall be maintained at all times through the construction zone, in compliance with the Work Area Traffic Control Handbook (WATCH), latest edition.
601-2.2 Payment. Replace this subsection with the following:
Payment for traffic control shall be included in the bid prices for the various Schedule of Work Items which require traffic control. Payment shall include full compensation for the preparation, coordination, and implementation of traffic control measures and temporary striping, removal of temporary striping, delineation, temporary asphalt concrete surfacing, and incidentals and for doing all the work involved in establishing and maintaining safe and efficient traffic control and no additional compensation will be allowed.
Contract No. CITY-1476 - Specifications E-10
PART 7
STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS
NOT USED
Contract No. CITY-1476 - Specifications E-11
PART 8
LANDSCAPE AND IRRIGATION
NOT USED
Contract No. CITY-1476 - Specifications E-12
NON-COLLUSION DECLARATION
CITY OF INDUSTRY
PROJECT NO. CIP-CC-18-019-B
SOLAR INSTALLATION AT CITY HALL
CONTRACT NO. CITY-1476
DESIGN-BUILDER:
Skybridge Renewables, Corp
BUSINESS ADDRESS:
127 Mayfair
Aliso Viejo, CA 92656
In submitting this bid for the project:
I, Paul Carey state that | have not directly or
indirectly,
(Name)
entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in connection with the project.
I do hereby certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at _Aliso Viejo, CA 92656 California, this 24th day of June _ 2021.
SIGNATURE
SITE VISIT CERTIFICATION
PROJECT/CONTRACT NO.: Solar Installation at City Hall (Project Number CIP-CC-18-019- B) Contract Number CITY-1476 between the City and Design Builder.
I hereby certify that on November 6th, 2019, Dan Kelly
(Print Name)
examined the site of the proposed work, and the undersigned, fully understands the scope of work.
By:
Skybridge Renewables, Corp
DESIGN BUILDER NAME
[email protected]
EMAIL ADDRESS
1000781389
DIR #
Paul D. Carey
PRINT NAME
SIGNATURE
. Type text here
DRUG-FREE WORKPLACE CERTIFICATION
PROJECT/CONTRACT NO.: Solar Installation at City Hall (Project Number CIP-CC-18-019- B) Contract Number CITY-1476 between the City and Design Builder.
This Drug-Free Workplace Certification form is required from the successful Design Builder pursuant to Government Code section 8350 et seq., the Drug-Free Workplace Act of 1990 ("'Act"). The Drug-Free Workplace Act of 1990 requires that every person or organization awarded a contract or grant for the procurement of any property or service from any state agency must certify that it will provide a drug-free workplace by doing certain specified acts. In addition, the Act provides that each contract or grant awarded by a state agency may be subject to suspension of payments or termination of the contract or grant, and the contractor or grantee may be subject to debarment from future contracting, if the contracting agency determines that specified acts have occurred.
The City is not a "state agency" as defined in the applicable sections) of the Government Code, but the City is a municipal corporation, and requires all contractors on City projects to comply with the provisions and requirements of the Act.
Contractor shall certify that it will provide a drug-free workplace by doing all of the following:
a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's or organization's workplace and specifying actions which will be taken against employees for violations of the prohibition;
b) Establishing a drug-free awareness program to inform employees about all of the following:
(1) The dangers of drug abuse in the workplace; (2) The person's or organization's policy of maintaining a drug-free workplace; (3) The availability of drug counseling, rehabilitation, and employee-assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations;
c) Requiring that each employee engaged in the performance of the contract or grant be given a copy of the statement required above, and that, as a condition of employment on the contract or grant, the employee agrees to abide by the terms of the statement.
I, the undersigned, agree to fulfill the terms and requirements of Government Code Section 8355 listed above and will publish a statement notifying employees concerning (a) the prohibition of controlled substance at the workplace, (b) establishing a drug-free awareness program, and (c) requiring that each employee engaged in the performance of the Contract be given a copy of the statement required by section 8355(a), and requiring that the employee agree to abide by the terms of that statement.
I also understand that if the City determines that I have either (a) made a false certification herein, or (b) violated this certification by failing to carry out the requirements of Section 8355, that the Contract awarded herein is subject to termination, suspension of payments, or both. I further understand that, should I violate the terms of the Act, I may be subject to debarment in accordance with the requirements of the aforementioned Act.
I acknowledge that I am aware of the provisions of Government Code section 8350 et seq. and hereby certify that I will adhere to the requirements of the Act.
Executed on this 24th day of June → 2021 at Aliso Viejo, CA Name of Design Builder (Print or Type) Skybridge Renewables, Corp Paul Carey
Signature Print Name
CEO
Title
NON-ASBESTOS CONTAINING MATERIALS CERTIFICATION
The undersigned declares that he or she is the person who executed the bid for the "Solar Installation at City Hall" (Project Number CIP-CC-18-019-B) Contract Number CITY-1476 (hereinafter referred to as the "Project"), and submitted it to the City, on behalf of Skybridge Renewables (hereinafter referred to as the "Design Builder").
To the best of my knowledge, information and belief, in completing the Design Builder's Work for the Project, no material furnished, installed or incorporated into the Project will contain, or in itself be composed of, asbestos.
Any disputes involving the question of whether or not material installed with asbestos-containing equipment is settled by electron microscopy; the cost of any such tests shall be paid by the Design Builder.
All work or materials installed by the Design Builder which is found to contain asbestos, or work or material installed with asbestos-containing equipment, will be immediately rejected and this work shall be removed and replaced by the Design Builder at no additional cost to the City.
Decontamination and removal of work found to contain asbestos or work installed with asbestos-containing equipment shall be done only under supervision of a qualified consultant, knowledgeable in the field of asbestos abatement and accredited by the Environmental Protection Agency ("EPA").
The asbestos removal contractor shall be an EPA accredited contractor qualified in the removal of asbestos and shall be chosen and approved the City who shall have sole discretion and final determination in this matter.
The asbestos consultant shall be chosen and approved by the City who shall have sole discretion and final determination in this matter.
The Work will be not accepted until asbestos contamination is reduced to levels deemed acceptable by the asbestos consultant.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on this 24th day of June , 2021 at Aliso Viejo, CA Name of Desi: an Builder il or Type) Skybridge Renewables, Corp By Paul Carey
Signature Print Name
CEO
Title
CITY COUNCIL
ITEM NO. 6.9
Backup Material will be presented prior to Meeting