CORNING CITY OF CORNING
CITY COUNCIL
CLOSED SESSION AGENDA
TUESDAY, JULY 22, 2025
CITY COUNCIL CHAMBERS
794 THIRD STREET
A. CALL TO ORDER: 5:15 p.m.
B. ROLL CALL:
Council: Dave Demo, Chuy Valerio, Shelly Hargens, and Lisa Lomeli Mayor: Robert Snow
The Brown Act requires that the Council provide the opportunity for people in the audience to briefly address the Council on the subjects) scheduled for tonight's closed session. Is there anyone wanting to comment on the subjects) the Council will be discussing in closed session? If so, please come to the podium, identify yourself and give us your comments.
C. PUBLIC COMMENTS:
D. REGULAR AGENDA:
1. Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to § 54956.9(c): (one case) E. ADJOURN TO REGULARLY SCHEDULED CITY COUNCIL MEETING AND REPORT ON CLOSED SESSION:
CITY OF CITY OF CORNING
CORNING
CITY COUNCIL
REGULAR MEETING AGENDA
TUESDAY, JULY 22, 2025
CITY COUNCIL CHAMBERS
794 THIRD STREET
This is an Equal Opportunity Program. Discrimination is prohibited by Federal Law. Complaints of discrimination may be filed with the Secretary of Agriculture, Washington, D.C. 20250. the city to make reasonable arrangements to ensure accessibility to this meeting.
A. CALL TO ORDER: 5:30 p.m.
B. ROLL CALL:
Council: Dave Demo, Chuy Valerio, Shelly Hargens, and Lisa Lomeli Mayor: Robert Snow
C. PLEDGE OF ALLEGIANCE: Led by the City Manager.
D. INVOCATION: Led by Councilor Hargens.
E. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, PRESENTATIONS:
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER F. PUBLIC COMMENTS AND BUSINESS FROM THE FLOOR: If there is anyone in the audience wishing to speak on items not already set on the agenda, please come to the podium, and briefly identify the matter. To ensure that all members of the public have an equal opportunity to address the City Council, public comments during the designated comment period will be limited to three (3) minutes per speaker. Council will then determine if such matter will be placed on the agenda for this meeting, scheduled for a subsequent meeting, or recommend other appropriate action.
G. CONSENT AGENDA: It is recommended that items listed on the Consent Agenda be acted on simultaneously unless a Councilmember or members of the audience request separate discussion and/or action.
1. Waive reading, except by title, of any Ordinance under consideration at this meeting for either introduction or passage, per Government Code Section 36934.
2. Waive the reading and approve the Minutes of June 24, 2025, regular City Council meeting with any necessary corrections.
3. July 17, 2025, Claim Warrant in the amount of $ 1,553,956.09
4. July 17, 2025, Business License Report
5. June 2025 Treasurer's Report
6. June 2025 Wages & Salaries: $453,668.67
7. June 2025 Building Permit Valuation Report in the amount of $778,750
8. June 2025 City of Corning Wastewater Operations Summary Report.
9. Approve Corning Municipal Airport Ground Lease Hangar #4 transfer to Johnsen Commercial Services
H. ITEMS REMOVED FROM THE CONSENT AGENDA:
I. PUBLIC HEARINGS AND MEETINGS:
J. REGULAR AGENDA:
1. Informational presentation regarding mobile food truck vendors and City Ordinance 708.
2. Accept Notice of Completion and authorize release of retention funds in the amount of $23,916.98 to VSS International, Inc. for the Tehama Street Rehabilitation Project.
3. Accept Notice of Completion and authorize release of retention funds in the amount of $29,135.32 to VSS International, Inc. for the Almond and Fig St. Rehabilitation Project.
4. Approve plans and specifications and authorize staff to solicit bids for the Toomes Avenue Waterline Infill Project.
5. Award and authorize the City Manager to sign a 3-year janitorial contract for janitorial services with Aguilar Cleaning Services.
6. Approve agreement with Tehama County Solid Waste Management Agency for temporary use of the city property for monthly Household Hazardous Waste Collection Events.
7. Approve contract with Lechowicz & Tseng Municipal Consultants to conduct a water and sewer rate study in the amount not to exceed $50,000.
8. Approve agreement between the City of Corning and Corning Union Elementary School District for School Resource Officer services.
9. Approve the purchase of one new 2025 Police Interceptor from Napa Ford.
K. ITEMS PLACED ON THE AGENDA FROM THE FLOOR:
L. COMMUNICATIONS, CORRESPONDENCE, AND INFORMATION:
M. REPORTS FROM MAYOR AND COUNCIL MEMBERS: City Councilmembers will report on attendance at conferences/meetings reimbursed at City expense (Requirement of Assembly Bill 1234).
N. ADJOURNMENT:
Posted: Friday, July 18, 2025
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER CORNING Item No.: G-2
CITY OF CORNING
CITY COUNCIL
REGULAR MEETING MINUTES
TUESDAY, JUNE 24, 2025
CITY COUNCIL CHAMBERS
794 THIRD STREET
A. CALL TO ORDER:
The meeting was called to order at 5:30pm by Mayor Snow.
B. ROLL CALL:
Councilmembers present:
Jose "Chuy" Valerio
Shelly Hargens
Lisa Lomeli
Dave Demc
Mayor- Robert Snow
C. PLEDGE OF ALLEGIANCE: Led by the City Manager.
D. INVOCATION: Led by Councilor Hargens.
E. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, PRESENTATIONS:
City Manager Brant Mesker recognized that Roy Seiler retired after 40 years of service to the city.
F. PUBLIC COMMENTS AND BUSINESS FROM THE FLOOR:
Carol Carson from Tehama Tomorrow came to invite the public and the council to the Community Center on July 23 from 5-7 PM as they will be honoring all council members from Corning, Tehama, & Red Bluff.
Police Chief, Craig Bassett, addressed the council and audience on the 3 shootings that have taken place recently, stating they are all gang related and appear to be two individuals. He also mentioned that the department has been doing gang validations since June of 2024 and there are 47 active gang members in our community with 85% of them being juveniles.
Dave Demo asked for a moment of silence for Lee Turner who passed away.
G. CONSENT AGENDA: It is recommended that items listed on the Consent Agenda be acted on simultaneously unless a Councilmember or members of the audience request separate discussion and/or action.
1. Waive reading, except by title, of any Ordinance under consideration at this meeting for either introduction or passage, per Government Code Section 36934.
2. Waive the reading and approve the Minutes of June 10, 2025, regular and closed session City Council meeting with any necessary corrections.
3. June 18, 2025, Claim Warrant in the amount of $ 312,222.72
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER Item No.: G-2
Approve waiver of recreational use fees for the 16t annual Tucker Mesker Memorial Scholarship Softball Tournament fundraiser to be held August 1s' through Councilor Hargens pulled Item 2. Councilor Demo moved to approve consent items 1 and 3-5; Councilor Hargens seconded the motion.
Ayes: Snow, Demo, Lomeli, Valerio, and Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
H. ITEMS REMOVED FROM THE CONSENT AGENDA:
2. Waive the reading and approve the Minutes of June 10, 2025, regular and closed session City Council meeting with any necessary corrections.
Councilmember Hargens stated a correction needed to be made on the roll call for the meeting as Councilmembers Lomeli and Valerio were not present.
Councilor Hargens moved to approve the minutes with the necessary corrections; Councilor Demo seconded the motion.
Ayes: Snow, Demo, Lomeli, Valerio, and Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
I. PUBLIC HEARINGS AND MEETINGS:
1. Adopt Resolution No. 06-24-2025-01 a Resolution declaring intent to levy and collect annual assessment for the City of Corning lighting and landscape district 1, zone 1 Presented by City Engineer, Robin Kampmann. Zone 1, Blackburn Estates, 14 lots, $63.08/year, The City received 2 responses opposing it.
Councilor Demo moved to approve the engineers report and adopt Resolution No. 06-24-2025-01 setting the fiscal year 2025/2026 assessment at $63.08 per parcel for landscaping and lighting district 1, zone 1; Councilor Valerio seconded the motion.
Ayes: Snow, Demo, Lomeli, Valerio, and Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
2. Adopt Resolution No. 06-24-2025-02 a Resolution declaring intent to levy and collect annual assessment for the City of Corning lighting and landscape district 1, zone 2 Presented by City Engineer, Robin Kampmann. Zone 2, Stonefox, 80 lots, $91.00/year. The City received no responses.
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER Item No.: G-2
Councilor Hargens moved to approve the engineers report and adopt Resolution No. 06-24-2025- 02 setting the fiscal year 2025/2026 assessment at $91 per parcel for landscaping and lighting district 1, zone 2.; Councilor Valerio seconded the motion.
Ayes: Snow, Demo, Lomeli, Valerio, and Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
3. Ahout assestinent for the city or Coming isoling and landscape district i and calle Councilmember Valerio abstained from this item due to conflict of interest.
Presented by City Engineer, Robin Kampmann. Zone 3, SHIPP, $142.00/year, The City received no responses.
Councilor Demo moved to approve the engineers report and adopt Resolution No. 06-24-2025-03 setting the fiscal year 2025/2026 assessment at $142.10 per parcel for landscaping and lighting district 1, zone 3.; Councilor Hargens seconded the motion.
Ayes: Snow, Demo, Lomeli, and Hargens
Absent: None
Abstain/Opposed: Valerio
Result: Motion was approved by a 4-0 vote with Valerio abstaining.
4. Adopt Resolution No. 06-24-2025-04 a Resolution declaring intent to levy and collect annual assessment for the City of Corning lighting and landscape district 1, zone 4 Presented by City Engineer, Robin Kampmann. Zone 4, Salado Orchards, $4,772.90/year, The City received no responses.
Councilor Demo moved to approve the engineers report and adopt Resolution No. 06-24-2025-04 setting the fiscal year 2025/2026 assessment at $4,772.90 (per parcel) for landscaping and lighting district 1, zone 4.; Councilor Valerio seconded the motion.
Ayes: Snow, Demo, Lomeli, Valerio, and Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
5. Adopt Resolution No. 06-24-2025-05 a Resolution declaring intent to levy and collect annual assessment for the City of Corning lighting and landscape district 1, zone 5 Presented by City Engineer, Robin Kampmann. Zone 5, Magnolia Meadows, 53 lots, $128.00/year, The City received 36 letters opposing it and 4 tenants of the subdivision appeared, but only one of them spoke which was Eli Angulo opposing it. Collin Bogener spoke, explaining that the notices that they received were not supposed to be sent, as you only send notices when there is going to be a change and then at that point the owners of the properties may protest against it. Robert explained how the properties get assessed, Shelly asked if the owners could protest if the price was to go up. The answer was yes, Brant told the audience if anyone has questions, they are welcome to come into City Hall and meet with him. Dave asked if they were told about the assessment when they bought their homes. Robin explained what the
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER Item No.: G-2
fees are used for; Landscaping along the entrance plus the water usage, PG&E for the lights, Maintenance on the concrete wall and maintenance on the filtration trenches that are under ground.
Councilor Hargens moved to approve the engineers report and adopt Resolution No. 06-24-2025- 05 setting the fiscal year 2025/2026 assessment at $128 (per parcel) for landscaping and lighting district no. 1; zone 5.; Mayor Snow seconded the motion.
Ayes: Snow, Demo, Lomeli, Valerio, and Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
J. REGULAR AGENDA:
1. Approve the Emergency Water Services agreement with the Paskenta Community Services District.
Presented by Public Works Director Eli Stanley. City Manager Brant Mesker added that this is only as precautionary, and they are currently not experiencing any problems. Their maximum is 20 gallons a day.
Councilor Demo moved to approve the Emergency Water Services Agreement with Paskenta Community Services District and authorize the City Manager to sign the agreement.; Councilor Valerio seconded the motion.
Ayes: Snow, Demo, Lomeli, Valerio, and Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
2. Adopt Resolution 06-24-2025-06 setting the appropriations and expenditure limits for all city funds to implement the fiscal year 2025-2026 budget.
Presented by City Manager, Brant Mesker.
Councilor Hargens moved to adopt Resolution 06-24-2025-06, a Resolution setting the appropriation and expenditure limits for all city funds to implement the 2025/2026 Program of Service and Annual Budget; Councilor Valerio seconded the motion.
Ayes: Snow, Demo, Lomeli, Valerio, and Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
3. Approve Administrative Services Manager/City Clerk, City Treasurer, Recreation Coordinator, and Recreation Instructor positions; and update the FY 2025-2026 Position Allocation List and Salary Schedule.
Presented by City Manager, Brant Mesker. If the Treasurer leaves the position, then it will be combined with a position that we currently have. Lisa asked if Jesenia would be the Recreation Coordinator.
Councilor Demo moved to Approve the following positions:
• Administrative Services Manager/City Clerk (combined position) • City Treasurer
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER Item No.: G-2
Recreation Coordinator
• Recreation Instructor (Part-Time); and
Approve the Fiscal Year 2025/2026 Position Allocation List and Salary Schedule to reflect these additions.; Councilor Valerio seconded the motion.
Ayes: Snow, Demo, Lomeli, Valerio, and Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
4. Approve the Easement Agreement with the Corning Healthcare District for Parcel 4 of Parcel Map No. 07-20; and authorize the City Manager to execute the Easement Agreement and any related documents.
Presented by City Manager, Brant, he mentioned that the Healthcare Board approved the easement last Tuesday, Dave asked about timeline, Robin said it would go out to bid in July and that the recommendation should say 36 months not 35 months. Robin also stated the well will be the highest producing well in Corning at 1,000 feet.
Councilor Demo moved to approve the easement agreement with the corning healthcare district for parcel 3 and 4 of parcel map no. 07-20; and
approve the payment for the easement agreement in the amount of $10,000 to be reflected on the water/sewer for the next 36 months; and
authorize the City Manager to execute the easement agreement, agreement for payment of easement, and any related documents.; Councilor Valerio seconded the motion.
Ayes: Snow, Demo, Lomeli, Valerio, and Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
5. Approve Resolution No. 06-24-2025-07 adopting the fiscal year 25/26 street project list that will utilize SB1 funding (The Road Repair and Accountability Act of 2017) Presented by City Engineer, Robin Kampmann.
Councilor Hargens moved to adopt Resolution No. 06-24-2025-07 adopting the fiscal year 2025/2026 street project list that will utilize SB1 funding; the road repair and accountability act of 2017.; Councilor Valerio seconded the motion.
Ayes: Snow, Demo, Lomeli, Valerio, and Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
6. Approve Automatic Aid Agreement between the City of Corning and Tehama County Fire Department
Presented by Fire Chief, Tom Tomlinson. He stated this is the best for the community and response time.
Councilor Demo moved to approve the proposed Automatic Aid Agreement between the City of Corning Fire Department and the Tehama County Fire Department, effective June 1, 2025,
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER Item No.: G-2
through April 1, 2030, and authorize the Fire Chief to sign the agreement.; Mayor Snow seconded the motion.
Ayes: Snow, Demo, Lomeli, Valerio, and Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
7. Approve the State of CA Commitment to fund 911 equipment and services with XYBIX Systems, Inc. for new ergonomic workstations for $46, 175.56 to be fully reimbursed by Cal Presented by Police Chief, Craig Bassett. Their workstations have not been updated since 2014 It was noted that the workstation needs to be ordered after July 1.
Councilor Demo moved to
> Authorize the State of California commitment to fund 911 equipment and services for reimbursement of said equipment in the amount of $46, 175.53 > Recognize revenue in the amount of $46,175.53 and authorize a supplemental appropriation in the amount of $46, 175.53 in the fiscal year of 2025/2026 budget • City Council determines that this purchase is exempt from the city's purchasing policy per section 3.12.082 a-3 and a-4 of the City of Corning Municipal Code • Authorize the city to opt into the California Multiple Award Schedules (cmas) contract pricing and approve the purchase order with XYBIX systems, Inc. for the 911 dispatch workstations without going out to formal bid in an amount not to exceed $46,175.53; Councilor Valerio seconded the motion.
Ayes: Snow, Demo, Lomeli, Valerio, and Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
8. Adopt Resolution No. 06-24-2025-08 and authorize the City Clerk to record a tax lien on 7 properties, with 12 delinquent water and/or sewer service accounts in the total amount of $10,755.46.
Presented by City Manager, Brant Mesker.
Councilor Hargens moved to adopt Resolution 06-24-2025-08 and authorize the City Clerk to record liens in the combined amount of $10,755.46 for the 12 delinquent water and/or sewer service accounts on the properties listed.; Councilor Valerio seconded the motion.
Ayes: Snow, Demo, Lomeli, Valerio, and Hargens
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
K. ITEMS PLACED ON THE AGENDA FROM THE FLOOR:
L. COMMUNICATIONS, CORRESPONDENCE, AND INFORMATION:
Fire Chief, Tom Tomlinson, mentioned he was having a Battle of the Badges Blood drive on August 16th from 9-2 and to enter on the Marin Street side. Last one they had Fire won 23-4.
M. REPORTS FROM MAYOR AND COUNCIL MEMBERS:
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER Item No.: G-2
Demo: There was a TCTC meeting, but he did not attend due to late notice.
Snow: Attended the building dedication at the Cemetery and said it was very nice, and the cemetery looks good.
Valerio: The June Chamber meeting was cancelled and wanted to say Thank you to the CVFD for the Free Swim Day this Friday.
N. ADJOURNMENT: 6:39pm
Attest:
Deputy City Clerk, Christina Meeds
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER Item No. : G-3
CITY OF
CORNING
MEMORANDUM
TO: HONORABLE MAYOR & COUNCIL
FROM: Lori Sims
Accounting Technician
DATE: July 17, 2025
SUBJECT: CASH DISBURSEMENT DETAIL REPORT FOR COUNCIL MEETING:
Tuesday, July 22, 2025
PROPOSED CASH DISBURSEMENTS FOR YOUR APPROVAL CONSIST OF THE FOLLOWING:
A. Cash Disbursements Ending 06-30-2025 $216,841.90
B. Cash Disbursements Ending 06-30-2025 $642,955.57
C. Cash Disbursements Ending 07-16-2025 $694,158.62
GRAND TOTAL $1,553,956.09
CITY OF CORNING PAGE: 001
Jun 30 25 Cash Disbursement Detail Report ID #: PY-DP
sun By.! LORI SIMS Check Listing for 06-25 thru 06-25 Bank Account.: 1020 CTL.: COR Check Check Vendor Net
Number Date Number Invoice # Description
... .
3938 06/19/25 ЗАСОО ЗA CUSTOMS 1284.81 15021082 VEHICLE REPLAC-POLICE CAP REPLAC 039384 06/19/25 ATT13 AT&T 723.18 250611 COMMUNICATIONS-DISPATCH 039385 06/19/25 CAYOO CAYETANO-KEASEY, ANNA 112.50 250621 REC INSTRUCTOR-REC (HIP HOP DANCE) 039386 06/19/25 IND03 INDUSTRIAL POWER PRODUCTS 16.00 428092 MAT & SUPPLIES- 039387 06/19/25 INFOO INFRAMARK, LLC 78988.33 151251 PROF SVCS- 039388 06/19/25 MADOS MADRIGAL, NATALIA 112.50 250621 REC INSTRUCTOR-REC (HIP HOP DANCE) 039389 06/19/25 M0007 MOORE & BOGENER, INC. 4922.54 16236 LGL SVCS- 039390 06/19/25 PGE01 PG&E 41438.01 250609 Electricity General City- 039391 06/20/25 COM01 COMPUTER LOGISTICS, INC 3720.00 86295 EQUIP MAINT- 039392 06/20/25 DEVOI DEVELOPMENT COMPLIANCE SO 560.00 25-070 PROF SVCS-BLD & SAFETY (PLAN CK-SFR PERMIT# 25143) 039393 06/20/25 HUNO3 HUNTERS SERVICES INC. 369619 WEED/TREE SPRAYING- 371539 WEED/TREE SPRAYING-
373580 WEED/TREE SPRAYING-
Check Total.... 1937.25
039394 06/20/25 ROGO2 ROGERS, DUSTIN 150.00 250623 REC INSTRUCTOR-REC (WRESTLING) 039395 06/23/25 ADPOO ADP, INC. 35.00 693472007 PROF SVCS-FINANCE 039396 06/23/25 HOL04 HOLIDAY MARKET #32 18.27 003204751 MAT & SUPPLIES-POOL 039397 06/23/25 H0M03 HOME DEPOT 1037.23 2130501 SMALL TOOLS- 039398 06/23/25 PAC29 PACE ANALYTICAL SERVICES, 298: 00 252804505 PROF SVCS-WTR DEP 252804506 PROF SVCS-WTR DEP
Check Total. 344. 30
039399 06/23/25 PGE2B PG&E 642.91 8412026-0 SOLAR-WWTP
039400 06/23/25 SCPoO SCP DISTRIBUTORS LLC 4546.03 SNI 35213C MAT & SUPPLIES- POOL SN135133 -510.00
----------
Check Total.......: 4036.03
039401 06/23/25 STAZZ STATE LANDS COMMISSION, 220.16 B45940 PROF SVCS- WWTP 039402 06/23/25 WELO6 WELLS FARGO VENDOR FINANC 1658.90 503472061 COMMUNICATIONS- 039403 06/23/25 W0006 WOOTEN, WILLIAM F. 85.50 250206 TRAINING/ED-FIRE 039404 06/24/25 AQUOO AQUA-METRIC SALES COMPANY 2180.00 0108747 MAT & SUPPLIES-WTR 039405 06/24/25 HINO1 HINDERLITER, DE LLAMAS & 1463.25 SINO51169 PROF SVCS-FINANCE 039406 06/24/25 PASOO PASKENTA BAND 45.00 250417 PARTIAL REFUND-REC 039407 06/24/25 RES04 RESERVE ACCOUNT 3000.00 250623 COMMUNICATIONS- 039408 06/24/25 WAL11 WALBERG INC. 241.45 9459 MAT & SUPPLIES-SWR 039409 06/24/25 DEVO1 DEVELOPMENT COMPLIANCE SO 3800.00 25-074 PROF SVCS-BLD & SAFETY 16/16/25-6/22/25) 039410 06/24/25 ORLO3 ORLAND CABINET SHOP, INC. 25280.77 2513-1 LIBRARY REMODEL-LIBRARY 039411 06/24/25 WCPOO WEST COAST PAPER CO INC 310.00 14103172 MAT & SUPPLIES 250.76 14103173 MAT & SUPPLIES
Check Total.. •.: 560.76
039412 06/25/25 DEV02 DEVINE, CALLA 200.00 250622 RED INSTRUCTOR-REC 039413 06/25/25 HEW03 HEWITT, HADLIE 200.00 250621 REC INSTRUCTOR-REC (VOLLEYBALL) 039414 06/25/25 JACO3 JACKSON, LINDSEY 250.00 250621 REC INSTRUCTOR-REC (VOLLEYBALL) 039415 06/25/25 LNCO1 IN CURTIS & SONS 121.44 INV961868 SAFETY ITEMS-FIRE 039416 06/25/25 SISOO SISNEROS, MALLORY 200.00 250622 REC INSTRUCTOR-REC 039417 06/25/25 WAROS WARREN, DANA KARL 118.75 250625 REC INSTRUCTOR-REC (KENPO-MAY) 039418 06/26/25 AQUOO AQUA-METRIC SALES COMPANY 2788.05 0108895 MAT & SUPPLIES-WTR 039419 06/26/25 ATTO2 AT&T 575.39 23673812 COMMUNICATIONS- 039420 06/26/25 . BEN06 BEN'S TRUCK REPAIR, INC 437.48 216107 SAFETY ITEMS-FIRE 039421 06/26/25 FREOS FREEDOM FOREVER LLC /ATTN 747.65 25085 REFUND- CANCELED PERMIT# 25085 039422 06/26/25 HEROS HERNANDEZ, MIRTA 60.00 250625 REFUND-REC DESK Monday CITY OF CORNING PAGE:
rime: 17:1 Cash Disbursement Detail Repor
heck Listing for 06-25 thru 06-25 Bank Account.: 102 CTL. : COR Check Check Vendor Net
Number Date Number Name Amount Invoice # Description
039423 06/26/25 PAC29 PACE ANALYTICAL SERVICES, 239.30 252804699 PROF SUSC-WTR DEPT 039424 06/26/25 QUI02 QUILL CORPORATION 28-10 46502: FFICE SUPPLIES-FINANC 46687; FFICE SUPPLIES-PW ADMI
Check Total. 69.81
039425 06/26/25 RIVO7 RIVERVIEW INTERNATIONAL T 3084.97 327518 VEH OP/MAINT-FIRE 039426 06/26/25 VESOO VESTIS GROUP, INC. 89.06 879670 MAT & SUPPLIES-BLD MAINT
89.06 885216 MAT & SUPPLIES-BLD MAINT
103.52 890568 MAT & SUPPLIES-BLD MAINT
103.52 895811 MAT & SUPPLIES-BLD MAINT
Check Total... 385.16
039427 06/30/25 ALVOO ALVAREZ, CARLOS 750.00 250628 REC INSTRUCTOR-REC (FLAG FOOTBALL COORDINATOR) 039128 06/30/25 CAYOO CAYETANO-KEASEY, ANNA 37.50 250705 REC INSTRUCTOR-REC (HIP HOP DANCE) 039429 06/30/25 COROB CORNING LUMBER CO INC 563.12 250625 MAT & SUPPLIES- 039430 06/30/25 COR56 CORNING UNION ELEMENTARY 250.00 250627 KEY DEPOSIT FOR YOUTH BASEBALL (WOODSON ELEM SCHOOL 039431 06/30/25 CUR03 CURIEL, ANDREA 250.00 250630 SCHOLARSHIP-CITY COUNCIL (J.T. LEVY) 039432 06/30/25 DARO3 DARREN TAYLOR CONSTRUCTIO 15028.75 4940 THERMO PLASTIC- 039433 06/30/25 DEVO2 DEVINE, CALLA 100.00 250705 REC INSTRUCTOR-REC 039434 06/30/25 GLO02 GLOBAL OFFICE, INC. 30.18 GN16265 EQUIP MAINT-FINANCE 039435 06/30/25 GRAO2 GRAINGER, w.W., INC 68.65 955417711 VEH OP/MAINT- 039436 06/30/25 HEW03 HEWITT, HADLIE 100.00 250705 REC INSTRUCTOR-REC (VOLLEYBALL) 039437 06/30/25 JACO3 JACKSON, LINDSEY 125.00 250705 REC INSTRUCTOR-REC (VOLLEYBALL) 039438 06/30/25 LACO1 LACY, CLINT 155.00 250628 REC INSTRUCTOR REC TO GET 250712
Check Total.... 525.00
039439 06/30/25 MADOS MADRIGAL, NATALIA 75.00 250705 REC INSTRUCTOR-REC (HIP HOP DANCE) 039440 06/30/25 MAGOO MAGANA, BRIANNA 139:90 250621 REC INSTRUCTORE-REC (HIP HOP DANCE) 250705 REC INSTRUCTOR-REC (HIP HOP DANCE)
Check Total... 157.50
039441 06/30/25 NAPOL NAPA AUTO PARTS 3859.00 250625 VEH OP/MAINT- 039442 06/30/25 ROD10 RODRIGUEZ, JESENIA 1110.00 250630 REC INSTRUCTOR-REC (COORDINATOR) 039443 06/30/25 SCPOO SCP DISTRIBUTORS LIC 288.19 SN135289 MAT & SUPPLIES-POOL -640.00 SN135503C MAT & SUPPLIES-POOL
4811.03 SN135558 MAT & SUPPLIES-POOL
-538.00 SN135742C MAT & SUPPLIES-POOL
Check Total... .3321.22
039444 06/30/25 SISOO SISNEROS, MALLORY 100.00 250705 REC INSTRUCTOR-REC 039445 06/30/25 THO04 THOMAS WELDING & MACHINE 1369.25 25612A VEH OP/MAINT- 039446 06/30/25 TIMO4 TIMECLOCK PLUS 36.00 00425966 PROF SVCS-FINANCE 039447 06/30/25 IC130 LAURA CEJA 72.86 000C50601 MO CUSTOMER REFUND FOR CEJ0002 039448 06/30/25 1C131 CHIP SELF HELP 29.21 000C50601 MO CUSTOMER REFUND FOR CHI0090 039449 06/30/25 1L073 JUAN JESUS LARABARAJAS 6.00 000C50601 MO CUSTOMER REFUND FOR LARO042 039450 06/30/25 \P067 BEVERLY PERRY 135.20 000C50601 MO CUSTOMER REFUND FOR PERO00S 039451 06/30/25 IP068 BEVERLY PROCOPIO-PYLE 43.18 000C50601 MO CUSTOMER REFUND FOR PRO0015 039452 06/30/25 IR105 ELIZABETH RICO 26.63 000C50601 MO CUSTOMER REFUND FOR RICO107 Cash Account Total......: 216841.90
... .
Total Disbursements...: 216841.90
Cash Account Total....: .00
Wednesda CITY OF CORNING PAGE: PA H: PY-DP
ime: 16:3
Check Listing for 06-25 thru 06-25 aol D6-bu sere o6025a 1 Re Accoun. : 1020 CTL.:
COR
Check Check Vendor Net
Number Date Number Name Amount Invoice # Description
039461 06/30/25 ADPOO ADP, INC. 499.06 694326034 PROF SVCS-FINANCE 039462 06/30/25 ATT15 ATST MOBILITY 1245.62 250619 COMMUNICATIONS- 039463 06/30/25 DEP09 DEPT OF CONSERVATION 7.49 2025-0413 StrongMot ion Bldg & Safety 039464 06/30/25 DEV01 DEVELORMENT COMPLIANCE SO 3800.00 25-079 PROF SVCS-BLD & SAPBTY (6/23/25-6/29/25) 039465 06/30/25 EST01 ESTES, LISA 627.44 2025-0702 TRAINING-BD-POLICE 039466 06/30/25 GAYO2 GAYNOR TELESYSTEMS, INC 115.43 46222 COMMUNICATIONS-DISPATCH 039467 06/30/25 HEW01 HBWITT, MATTHEW 636.60 2025-0701 TRAINING/ED-POLICE 039468 06/30/25 MEYOO MEYBR'S POLICE K-9 TRAINI 400.00 2457 K-9 PROGRAM-POLICE 039469 06/30/25 NOR46 NOR CAL GARAGE DOOR 652.13 26100 BLD MAINT-FIRE 039470 06/30/25 PGE2A PG&B 219.44 250624 BLECT-CORNING COMMUNITY PARK 241.77 250626 ELECT-
129.10 250626A BLECT-MARTINI PLAZA
Check Total...: 590.31
039471 06/30/25 PGE2B PG&E 12705.26 250624 ELECT-WWTP
039472 06/30/25 THB09 THE COPY SHOP 215.45 000051 MAT & SUPPLIES-RBC 039473 06/30/25 VAL11 VALLEY PACIFIC PETROLBUM 4559.19 25-896009 VEH OP/MAINT- 039473 06/30/25 VAL11 781.59 1 25-896010 VBH OP/MAINT-FIRE Check Total......: **340-78
CITY OF CORNING PAGE: 002
ash Disbursement Detail Repo: CD #: PY-D
heck Listing for 06-25 thru 06-25 Bank Account.: 10 TL. COR Check Check Vendor Net
Number Date Number Name Amount Invoice Description
039482 06/30/25 AIROO AIRGAS USA, LLC 100.20 551776641 MAT & SUPPLIES-FIRE 039483 06/30/25 AMA02 AMAZON CAPITAL SERVICES, 5313.31 113J-M9TJ CHARGE ACCT PURCHASES- 039484 06/30/25 ATK04 ATKIN, LACEY 2142.00 250630 REC INSTRUCTOR-REC (HIIT) 039485 06/30/25 DEV01 DEVELOPMENT COMPLIANCE SO 1300.00 25-084 PROF SVCS-BLD & SAPETY (6/30/25-1/6/25) 039486 06/30/25 JJAOO JJACPA INC 4250.00 0945 ACCT SOFTWARE-FINANCE 039487 06/30/25 LUMOO LUMINACE AGGREGATOR LLC 15474.80 254917 BLECT- 039488 06/30/25 PGE01 PG&E 457.13 250701 ELBCT-
039489 06/30/25 PGE04 PG&E 1368.99 250627 Transpacity:
250701
Check Total... 2156.63
039490 06/30/25 TANOO T AND S DVBE, INC. 933.55 25-134:
359.45 25-141: MAT & SUPPLIES- STR
Check Total.. 1293.00
039491 06/30/25 TEHO6 TEHAMA CO ENVIRON HEALTH 315.00 IN0012716 MAT & SUPPLIES-POOL 039492 06/30/25 TEH13 TEHAMA CO AUDITOR 100.00 250630 PkngCiteToCnty Police Ser 039493 06/30/25 TEH20 TEHAMA CO DISTRICT ATTY 133.80 CPD01/25- PROF SVCS-POLICE 039491 06/30/25 TPXOO TPX COMMUNICATIONS 1142.40 186130015 COMMUNICATIONS- 039495 06/30/25 UNI09 UNITED RENTALS (NORTH AME 2909.25 : 249535093 SMALL TOOLS-STR 039496 06/30/25 VAL11 VALLEY PACIFIC PETROLEUM 3267.39 25-896008 MAT & SUPPLIES- 039497 06/30/25 WALII WALBERG INC. 1251.84 9500 MAT & SUPPLIES-STR 039508 06/30/25 BIGO2 BIG VALLBY SANITATION, IN 345.00 149917 LEANING CONTRACT-STR (JUNE 125.00 150290 LD MAINT-SENIOR CENTER (JUNE
Check Total... 470:00
039509 06/30/25 DEVO1 DEVBLOPMENT COMPLIANCE SO 465.00 25-051 PROF SVCS-BLD & SAPETY 250.0 25-052 PROP SVCS-BLD & SAPET)
250.0 25-061 PROF SVCS-BLD & SAFETY
check total.. -965.00
039510 06/30/25 PIR11 FIRST NATIONAL BANK OMAHA 126.50 250627 CREDIT CARD CHARGES- 039511 06/30/25 FIR13 FIRST NATIONAL BANK OMAHA 3032.94 06272025 CREDIT CARD CHARGES- 039512 06/30/25 FIRZO FIRST NATIONAL BANK OMAHA 1269.57 063025 CREDIT CARD CHARGES- 039513 06/30/25 PIR22 FIRST NATIONAL BANK OF OM 409.70 250627 CREDIT CARD CHARGES- 039514 06/30/25 NOR47 NORTHSTAR 8553.20 84285 PROF SVCS-STR 039515 06/30/25 PGEOS PG&E 2457.03 250701 FIRE-ELECT & GAS 039516 06/30/25 PLA0G PLACEWORKS, INC. 506.25 CRNG 01.0 PROF SVCS-PLANNING (JUNE 1, 2025-JUNE 30, 2025) 039517 06/30/25 S0U06 SOUTH AVENUE ACE 2067.23 250627 MAT & SUPPLIES- 039518 06/30/25 TIM04 TIMECLOCK PLUS 108.00 00428603 PROF SVCS-FINANCE 039536 06/30/25 ADPOO ADP, INC. 548.50 695242226 PROF SVCS-FINANCE LESGEO 06/30/25 BUS01 BUSINESS CONNECTIONS 57.00 28571 MAT & SUPPLIES-REC 039538 06/30/25 DATO4 DATAPILOT, INC. 1095.00 9857752 PROF SVCS -POLICE 039539 06/30/25 NOR47 NORTHSTAR 3523.73 84284 PROR SENT TO VEMENTS 28884.01 84286
Check Total.... 32407.74
039540 06/30/25 REDOO RED BLUFF DAILY NEWS 203.91 006900757 PRINT/ADVERT-
58.05 006900761 PRINT ADVERT/CITY CLERK
55.07 006902782 PRINT/ADVERT-CITY CLERK
Check Total: 317.03
039541 06/30/25 TBH1S TEHAMA CO SHERIFF'S DEPT 24.50 20250703 PROF SVCS-POLICE 039542 06/30/25 VSS00 VSS INTERNATIONAL, INC. 281075.60 20020449 STREET PROJECTS- 226859.69 20020450 STREET PROJECTS-
Wednesday CITY OF CORNING PAGE: 003
Time: 16:31 ID # : PY-DP
Check Listing for 06-25 thru 06-25 Cast D6-25 sema 06-25a 11 ne Account. : 1020 CTL.: COR Check Check Vendor Net
Number Date Number Name Amount _Invoice t Description
---- ____
Check Total...... 507935.25
039543 06/30/25 BDIOO BDI 17.37 950444275 MAT & SUPPLIES- 039544 06/30/25 DEP12 DEPT OF JUSTICE 01. 0 B27095 PROF SVCS-POLICE 833737 PROF SVCS-POLICE
Check Total.........: 371.00
039545 06/30/25 TBH38 THAMA COUNTY ANIMAL SERV 11546.40 250710 PROF SVCS-ACO (FY 24/25-QTR 4-APR, MAY & JUN 2025) 039546 06/30/25 VERO2 VERIZON WIRELESS 228.06 611743243 PROP 30-MDC Cash Account Total.. 642955.57
Total Disbursements. 642955.57
Cash Account Total.... ..: .00
RUN.R*.: Jul 16 25 Tene: 16%2 CITY OF CORNING PAGE: 001 Time ash Disbursement Detail Repor ID #: PY-DP
Run By.: LORI SIMS eck Listing for 07-25 thru 07-25 Bank Account.: 10: CTL. : COR Check Check Vendor Net
Number Date Number Name Amount Invoice # Description
03945: 07/01/25 COROT CORBIN WILLITS SYSTEMS, I 876.55 007011 EQUTP MAINT-FINANCE 039454 07/01/25 CORO9 CORNING CHAMBER OF COMMER 1000.00 000C507011 EngChamberComm. Economic 039455 07/01/25 COR18 CORNING SENIOR CENTER 2700.00 070125A SENIOR CENTER-GEN CITY 039456 07/01/25 MOOO7 MOORE & BOGENER, INC. 6040.00 000C507031 CONSULTING SVCS-LGL SVCS 039457 07/01/25 NELOO NELSON, JEFFREY NEIL 54.70 000C507011 PROF SVCS-FIRE DEPT 039458 07/01/25 OCH01 ALEJANDRA OCHOA 4655.00 000C507011 JANITORIAL SERVICES- 039459 07/01/25 PITO1 PITNEY BOWES 186.29 000C507011 RENT/LEASES-FINANCE DEPT 039460 07/01/25 SCH16 SCHLERETH, DAYMON WAYNE 104.70 000C507011 PROF SVCS-FIRE DEPT 039474 07/02/25 30000 3CORE, INC. 7500.00 20259 3CORE-ECONOMIC DEVELOPMENT 039475 07/02/25 AXOOO AXON ENTERPRISE, INC. 15418.20 INUS35836 TASER LEASE-POLICE 039476 07/02/25 CORZA TERESA LAMB 75.00 42054 MAT & SUPPLIES-REC (JULY 2025 RENT) 039477 07/02/25 CORS9 CORDICO, INC 2849.05 INVCOR112 BSCC '23 GYM CORDIAP 039478 07/02/25 DM001 DM-TECH 119.90 202507011 COMMUNICATIONS-GEN CITY 039479 07/02/25 GAYO2 GAYNOR TELESYSTEMS, INC 1600.00 45644 COMMUNICATIONS-FIRE 039480 07/02/25 LENOO LENSLOCK INC. 15716.42 054925060 BODY CAMERA LEASE-POLICE 039481 07/02/25 TYLOO TYLER TECHNOLOGIES, INC. 1418.00 025516564 ACCT SOFTWARE-FINANCE 039498 07/08/25 ACIO1 ACI ENTERPRISES, INC. 1214.64 101810 WORKMENS COMP-GEN CITY 039499 07/08/25 CORI3 CORNING VOLUNTEER FIRE 15000.00 250701 ANNUAL FIRE FEE-FIRE 039500 07/08/25 GRAOZ GRAINGER, w.W., INC 45.43 956223821 MAT & SUPPLIES-LEL 21, D5 039501 07/08/25 NORO3 NCCSIF 351887.00 3006 LIABILITY INS-GEN CITY 70867.75 3028 WORKMENS COMP-GEN CITY
Check Total.........: 422754. 75
039502 07/08/25 PAC29 PACE ANALYTICAL SERVICES, 239.30 252804871 PROF SVCS-WTR DEPT 039503 07/08/25 PAPOO PAPE MACHINERY INC. 221.49 16234849 MAT & SUBBLTED PARKS 16235334
Check Total. 230.87
039504 07/08/25 PGE01 PG&E 4037.34 250701A ELECT-
039505 07/08/25 PITOL PITNEY BOWES 186.29 310725937 RENTS/LEASES-FINANCE 039506 07/08/25 SCPOO SCP DISTRIBUTORS LLC 2215.94 SN136065 MAT & SUPPLIES TR 415.00 SN136183C
... .
Checkotal.: 1800.94
039507 07/08/25 TEH06 TEHAMA CO ENVIRON HEALTH 277.00 INO012511 REQ PYTS/CNTY-MECH MAINT 039519 07/15/25 ATT17 AT&T 107.00 250630 COMMUNICATIONS-FIRE 039520 07/15/25 BENO1 BENBOW, W.B. 2025.00 00000583 WELL TELEMETRY-WIR CAP IMPROV 039521 07/15/25 CAR12 CARREL'S OFFICE SOLUTIONS 22.94 AR76222 MAT & SUPPLIES-LIBRARY 039522 07/15/25 DEVO1 DEVELOPMENT COMPLIANCE SO 1300.00 25-091 PROF SVCS-BLD & SAFETY (7/1/25-7/13/25) 039523 07/15/25 GRAO2 GRAINGER, W.W., INC 45.79 956522188 SAFETY ITEMS-PW ADMIN 170.4' 956870710 MAT & SUPPLIES-PARKS
284.62 957021183 AT & SUPPLIES - WI
61.10 957021184 AT & SUPPLIES-PARK
-__--- -
Check Total..: 561.98
039524 07/15/25 GRE01 GREEN WASTE OF TEHAMA 65.93 010163030 MAT & SUPPLIES-STR 039525 07/15/25 INFOO INFRAMARK, LLC 79763.33 15374 PROF SVCS- 039526 07/15/25 KNI00 KNIFE RIVER CONSTRUCTION 793.04 319371 A/C CITYWIDE-STR 039527 07/15/25 LEA06 LEADS ONLINE PARENT LLC 6610.00 419176 COMMUNICATIONS- 039528 07/15/25 LNC01 IN CURTIS & SONS 231.39 INV966479 SAFETY ITEMS-FIRE 039529 07/15/25 MOSO3 MOSHER, JEREMY STEVEN 48.48 250715 PANT REIMBURSEMENT-PW ADMIN (DAMAGED PAIR AT WORK) 039530 07/15/25 PAC29 PACE ANALYTICAL SERVICES, 239.30 252805015 PROF SVCS-WTR DEPT 039531 07/15/25 SCH01 LES SCHWAB TIRE CENTER 1395.01 00550874 VEH OP/MAINT-PARKS 039532 07/15/25 SCPOO SCP DISTRIBUTORS LLC 4593.41 SN136147 MAT & SUPPLIES - POOL REPORT.: Jul 16 25 Wednesday CITY OF CORNING PAGE:
UN....: Jul 16 2 Time: 16:27 Cash Disbursement Detail Repor Run By.: LORI SIM. heck Listing for 07-25 thru 07-25 Bank Account.: 102 CTL.: COR Check Check Vendor Net
Numbex Date Number Name Amount Invoice # Description
... --_--_--------
13953 07/15/25 SPOO SCP DISTRIBUTORS LIC -751.00 SN136306C MAT & SUPPLIES-POO Check Total....... 3842.41
039533 07/15/25 TANOO I AND S DVBE, INC. 573.19 25-1516 MAT & SUPPLIES-STR 039534 07/15/25 THE13 THE HANOVER INSURANCE GRO 2744.00 0707-2025 PROF SVCS-WWTP 039535 07/15/25 TYLOO TYLER TECHNOLOGIES, INC. 29750.00 025518716 ACCT SOFTWARE-FINANCE 825.00 025518717 ACCT SOFTWARE-FINANCE
56840.00 025518718 ACCT SOFTWARE-FINANCE
Check Total...... 87415.00
039547 07/16/25 COMCAST 13.25 250709 COMMUNICATIONS -PW ADMIN 039548 07/16/25 TEH15 TEHAMA CO SHERIFF'S DEPT 307.00 CLETS25 COMMUNICATIONS-DISPATCH Cash Account Total.....: 694158.62
Total Disbursements.. -6 258-62
Item No.: G-4
Date..: Jul 17, 202: NEW BUSINESS FOR TRY COUNCIL Page.: 1 : 11:57 am List.: NEWB
Run by: LORI SIMS Group: WTFMBM
Business Name Address CITY/STATE/ZIP Business Desc Bus Start Date FUNCTIONAL FIT W/ LA 7273 CUTTING AVE 06/25/25
LONG CONSTRUCTION
SUSIE'S CLBANING SER 2151 BLOSSOM AVE
Item No.: G-5
CITY OF CORNING
TREASURER'S REPORT
JUNE 2025
AGENCY BALANCE RATE
Local Agency Investment Fund $ 18,092,060.81 4.48%
Respectfully submitted:
aura 7. cackins
Laura L. Calkins
City Treasurer
Item No. : G-6
CITY OF
CORNING
MEMORANDUM
TO: Honorable Mayor and Council members
FROM: Khrystie Shoemaker
Assistant Finance Director
DATE: July 10, 2025
SUBJECT: June 2025 wages & salaries total for the
Tuesday July 22, 2025, Council Meeting
Disbursements for your approval consist of the following:
A. Payroll Date 06-12-2025 $ 188,384.72
B. Payroll Date 06-26-2025 $ 201,372.60
June end of the month p/r liabilities $ 63,911.35
GRAND TOTAL $ 453,668.67
Item No.: G-7
CORNING Monthly Permit Report
6/1/2025 - 06/30/2025
Permit # Permit Main Status Owner Owner Permit Project Cost Date City Zip Type
25154 6/30/2025 ISSUED CORNING 96021 Electrical $1,800
25153 6/29/2025 Cancelled CORNING 96021 HVAC $25,816
25152 6/27/2025 Finaled CORNING 96021 Solar $28,000
25151 6/27/2025 ISSUED Corning 96021 Building $4,554
25150 6/26/2025 ISSUED CORNING 96021 Solar $25,480
25149 6/25/2025 Cancelled CORNING 96021 HVAC $15,000
25148 6/24/2025 ISSUED Corning 96021 Roof $12,750
25147 6/23/2025 Waiting for Portland 97290 Building $1,800 Information/Plans
25146 6/22/2025 ISSUED Corning 96021 Roof $44,500
25145 6/20/2025 ISSUED CORNING 96021 Tenant $6,458
Improveme
nt
25144 6/20/2025 ISSUED CORNING 96021 Solar $40,254
25143 6/19/2025 Under Review Corning 96021 Building $287,453 25142 6/19/2025 ISSUED Corning 96021 Building $60,000
Page: 1 of 2
Item No.: G-7
25141 6/17/2025 Finaled 1514 LINK Solar $22,000
ST
CORNING
25140 6/16/2025 ISSUED Los Molinos 96055 Solar $43,665
25139 6/16/2025 Finaled CORNING Solar $36,327
CA 96021
25138 6/16/2025 ISSUED Corning 96021 Solar $21,000
25137 6/12/2025 ISSUED CORNING Building $5,000
CA 96021
25136 6/12/2025 ISSUED Corning 96021 Building $13,897
25135 6/12/2025 ISSUED CORNING Solar $19,720
CA 96021
25134 6/11/2025 ISSUED CORNING HVAC $22,108
CA 96021
25133 6/9/2025 Finaled Corning 96021 Electrical $3,768
25132 6/5/2025 Finaled Corning 96021 Roof $6,400
25131 6/5/2025 ISSUED Corning 96021 Fire $2,000
Protection
25130 6/2/2025 Finaled Corning 96021 Solar $29,000
$778,750
Total Records: 25 7/16/2025
Page: 2 of 2
Item No.: G-8
INFRAMARK
WATER INFRASTRUCTURE OPERATIONS
CITY OF CORNING WASTEWATER
OPERATIONS SUMMARY REPORT
June 2025
Below is a summary of the monthly operations report that will be available for review in July 2025.
• Completed monthly reports.
• Held staff meeting to discuss facility operations and issues. • Held daily safety tailgate meetings.
• Inspected eyewash stations and emergency showers.
• Calibrated SO3 analyzer.
• Inspected all fire extinguishers.
• Exercised emergency generator.
• Submitted ESMR/DMR report to Regional Board.
INFRAMARK
WATER INFRASTRUCTURE OPERATIONS
• Completed monthly facility inspection.
• Completed inspections on collection system trouble spots. • Walberg Inc. on-site to set EQ basin pump #1 (west pump).
Domestic flow monthly average = 0.590 MGD
ITEM NO.: G-9
APPROVE CORNING MUNICIPAL
AIRPORT GROUND LEASE HANGAR 4
TRANSFER TO JOHNSEN COMMERCIAL
SERVICES
July 22, 2025
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
CITY OF CORNING
FROM: BRANT MESKER, CITY MANAGER
ELIJAH STANLEY, PUBLIC WORKS DIRECTOR
SUMMARY:
Staff request the lease transfer of land lease site four (4) at the Corning Municipal Airport.
The current lessee, Nathan and Sylivia Parker, has entered into a purchase agreement to transfer ownership of hangar 4 to Johnsen Commercial Services. Please see attached agreement.
BACKGROUND:
Hangar 4, along with their associated land lease, is currently leased by Nathan and Sylvia Parker. A purchase agreement has been executed for the sale of the hangar to Johnsen Commercial Services. As part of the transaction, the new owner is requesting assignment of the existing lease.
RECOMMENDATION:
MAYOR AND COUNCIL APPROVE THE CORNING MUNICIPAL AIRPORT GROUND LEASE HANGAR 4 TRANSFER TO JOHNSON COMMERCIAL SERVICES
AIRPLANE HANGAR BILL OF SALE
This sale agreement is made by and between (Seller) CA.
NATIAN PARKER address
and (Buyer Johnsen Commercial Seruice saddress - - 1 -
to the
With the signing of this sale agreement and the Buyer transferring the total purchase price of $ 21,000 - Seller, the Seller hereby sells and forever transfers the ownership of the airplane hangar described below, to the Buyer.
Description of the airplane hangar being sold:
Model: Serial#:
Make:
Airport location name: CoRNiML Muricíple Site # 4
Seller represents and warrants that it has full and good title to the described airplane hangar, full authority to sell and transfer the same, and that the airplane hangar being sold is free and clear of all liens, encumbrances, liabilities, and adverse claims, of every nature and description.
Buyer understands that the airplane hangar is being sold in its present condition"as is" and "where is" and that Seller disclaims any implied warranty of condition or function, or any responsibility thereof.
Authorizing signatures:
sit Push Johnsen Commercial Serices Be Tara Johnsen president Seller Buye
NATHAN PARKER
(seller's name printed) (buyer's name printed)
7-10-2025 July 10.2025
date signed date signed
Nathan farkek
RECEIVED
chris SohnsEN JUL 11 2025
PUBLIC WORKS CITY OF CORNING
CORNING AIRPORT LEASE AGREEMENT
This AIRPORT LEASE AGREEMENT ("Lease") entered into this July 22, 2025 ("Execution Date") by and between the City of Corning, a municipal corporation ("Landlord" or "City") and Johnsen Commercial Services ("Tenant"), for Lease Site No. #4 as further defined below. Landlord and Tenant may collectively be referred to as "Parties."
RECITALS
A. Landlord is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and its governing Municipal Code.
B. Landlord is the owner of the Corning Airport located in the City of Corning and is the owner of certain real property within the Corning Airport identified as Lease Site No. #4 hereinafter described as "Premises."
C. Landlord intends to maintain its leasing operation of space at the Corning Airport for viable hangar ground space for as long as the City maintains ownership of the Premises.
D. Landlord desires to lease the Premises to Tenant, and Tenant desires to lease the Premises from Landlord pursuant to the terms and conditions set forth herein.
NOW, THEREFORE, for valuable consideration, the parties agree as follows:
AGREEMENT
Section 1. Recitals
The above recitals are true and correct and are hereby incorporated as a term and condition of this Lease.
Section 2. Premises.
2.1. Location. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the portion of real property located at the Corning Municipal Airport and commonly referred to as Hangar Lease Site No. #4, located at the Corning Municipal Airport, 930 N. Marguerite Ave., Corning, California 96021 (the "Premises").
2.2. Condition of the Premises. Tenant accepts the Premises "AS IS," subject to all applicable Municipal, State, and Federal laws, ordinances, regulations, and policies governing and regulating the use of the Premises, and any covenants or restrictions of record. Tenant acknowledges that neither the Landlord nor Landlord's agents have made any representation or warranty as to the physical state of the Premises, or any present or future suitability of the Premises.
2.3. Scope of Lease. Tenant shall use the Premises as an airplane hangar, which includes the ability to store tools, fuel, and other items associated with aviation on the Premises. Commercial activity is not permitted.
2.4. Compliance with Laws, Ordinances and Regulations. Tenant covenants and agrees that it shall not engage in any unlawful use of the Premises. Tenant further agrees that it shall not permit its officers, agents, servants, employees, contractors, subcontractors, patrons, licensees, or invitees to engage in any unlawful use of the Premises and Tenant immediately shall remove from the Premises any person engaging in such unlawful activities. Unlawful use of the Premises by Tenant itself shall constitute an immediate breach of this Lease.
Tenant agrees to comply with all Federal, State, and local laws; all ordinances, rules and regulations, and minimum standards of Landlord; all rules and regulations and minimum standards established by the City; and all rules and regulations and minimum standards adopted by the City Council pertaining to the conduct required at the Premises.
Section 3. Term of Lease
3.1. Term. The initial term of this Lease shall commence on July 22, 2025, at 12:00 a.m. and expires at 11:59 p.m. on December 31, 2045, unless terminated earlier as provided herein. Lease term will be 20 years from January 1, 2025.
3.2. Holdover. If Tenant holds over after the expiration of the initial term or any renewal term, this action will create a month-to-month tenancy. In this event, for and during the holdover period, Tenant agrees to pay all applicable rentals, fees, and charges at the rates agreed to by the Parties.
Section 4. Lease Payments.
Tenant shall pay annually an amount of $482.01 payable within thirty (30) days from January 1st.
The payment shall be made by sending the payment via first class mail to the Landlord as specified in the Section pertaining to notices below.
Section 5. Lease Payment Increases and Late Payments.
5.1. Increases. The City shall annually increase the Lease Payments, as set forth in Section 4 above, by no more than 4% per year. These increases may be made on the anniversary date of this Lease. (
5.2. Late Payments. Lease payments shall be considered past due if Landlord has not received full payment after the 10" day of the month in which payment is due. Landlord shall assess a late penalty charge of ten (10) percent on the entire balance of any overdue Lease Payments.
Section 6. Construction and Improvements.
6.1. Discretionary Improvements. Tenant may, at its sole discretion, perform modifications, renovations, improvements, or other construction work on or to the Premises (collectively, "Improvements") so long as it first submits all plans, specifications, and estimates for the costs of the proposed work in writing and also requests and receives in writing approval from the Landlord. Landlord agrees to respond in writing to Tenant's requests for approval within thirty (30) calendar days of receipt of such requests. Any trade fixtures shall remain the property of Tenant and may be removed so long as Tenant repairs any damage caused thereby.
6.2. Requirements for Improvements. Any and all improvements made by Tenant to the Premises shall comply with all Federal, State, and local laws.
Section 7. Utilities.
Tenant, at Tenant's sole cost and expense, shall be responsible for the installation and use of all utility services to all portions of the Premises and for all other related utility expenses, including, but not limited to, deposits and expenses required for the installation of meters.
Tenant further covenants and agrees to pay all costs and expenses for any extension, maintenance, or repair of any and all utilities serving the Premises. In addition, Tenant agrees that all utilities, air conditioning and heating equipment and other electrically operated equipment which may be used on the Premises shall fully comply with Landlord's Municipal Codes, including but not limited to the Building Code and Fire Code ("Codes"), as they exist or may hereafter be amended.
Section 8. Maintenance and Repairs.
8.1. Maintenance and Repairs by Tenant. Tenant agrees to keep and maintain the Premises in a good, clean, and sanitary condition at all times, reasonable wear and tear excepted.
Tenant covenants and agrees that it will not make or suffer any waste of the Premises.
Tenant, at Tenant's sole cost and expense, will make all repairs or replacements necessary to prevent the deterioration in condition or value of the Premises, including, but not limited to, the maintenance of and repairs to all hangars and other structures, doors, windows and roots, and all fixtures, equipment, hangar modifications and surrounding pavement on the Premises.
Tenant shall be responsible for all damages caused by Tenant, its agents, servants, employees, contractors, subcontractors, licensees or invitees, and Tenant agrees to fully repair or otherwise cure all such damages at Tenant's sole cost and expense.
Tenant agrees that all improvements, trade fixtures, furnishings, equipment and other personal property of every kind or description which may at any time be on the Premises shall be at Tenant's sole risk or at the sole risk of those claiming under Tenant. Landlord shall not be liable for any damage to such property or loss suffered by Tenant's business or business operations which may be caused by the bursting, overflowing, or leaking of sewer or steam pipes, from water from any source whatsoever, or from any heating fixtures, plumbing fixtures, electric wires, noise, gas, or odors, or from causes of any other matter.
8.2. Compliance with ADA. Tenant, at its sole cost and expense, agrees to keep and maintain the Premises in full compliance at all times with the Americans with Disabilities Act of 1990, as amended ("ADA."). In addition, Tenant agrees that all improvements it makes to the Premises shall comply with the ADA requirements.
8.3. Inspections. Landlord shall have the right and privilege, through its officers, agents, servants, or employees, to inspect the Premises. Except in the event of an emergency, Landlord shall conduct such inspections during Tenant's ordinary business hours and shall use its best efforts to provide Tenant at least forty-eight (48) hours' notice prior to any inspection.
Section 9. Insurance.
9.1. Coverage. Tenant shall procure and maintain at all times, in full force and effect, a policy or policies of insurance as specified herein, naming the City as an additional insured, and covering all public risks related to the leasing, use, occupying, maintenance, existence or location of the Premises. The insurance coverage for the Premises shall be no less than $2 million ($2,000,000) dollars (per occurrence) General Liability, and $4 million ($4,000,000) General Aggregate.
9.2. Certificates. As a condition precedent to the effectiveness of this Lease, Tenant shall furnish Landlord with appropriate Certificates of Insurance signed by the respective insurance companies as proof that it has obtained the types, and amount of insurance coverage required herein. Tenant hereby covenants and agrees, that prior to the expiration or any insurance policy required hereunder, it shall provide Landlord with a new or renewal Certificate of Insurance.
Section 10. Indemnification.
Tenant hereby assumes all liability and responsibility for property loss, property damage and/or personal injury of any kind, including death, to any and all persons, of any kind orcharacter, whetherreal orasserted, arising out oforin connection with its useof the premises under this lease or with the leasing, maintenance, use, occupancy, existence or location of the premises, including all ADA requirements, except to the extent caused by the negligence or intentional misconduct of landlord, its officers, agents, servants or employees. Tenant covenants and agrees to, and does to the extent allowed by law, without waiving any defenses provided by law, hereby indemnify, hold harmless and defend landlord, its officers, agents, servants and employees, from and against any and all claims or lawsuits for either property damage or loss (including alleged damage or loss to lessee's business and any resulting lost profits) and/or personal injury, including death, to any and all persons, of any kind or character, whether real or asserted, arising out of or in connection with tenant's use of the premises under this lease or with the use, leasing, maintenance, occupancy, existence or location of the premises, except to the extent caused by the negligence or intentional misconduct of landlord, its officers, agents, servants or employees. Tenant assumes all responsibility and agrees to pay landlord for any and all injuries or damages to landlords property which arise out of or in connection with tenant's use of the premises under this lease or with the use, leasing, maintenance, occupancy, existence or location of the premises, except to the extent caused by the negligence or intentional misconduct of landiord, its officers, agents servants, or employees.
Tenant assumes all responsibility and agrees to pay landlord for any and all injuries or damages to landlords property which arise out of or in connection with any and all acts or omissions of tenant, its officers, agents, employees, contractors, subcontractors, licensees, or invitees, except to the extent caused by the negligence or intentional misconduct of landlord, its officers, agents, servants, or employees.
Section 11. Termination.
11.1. Without Cause. Either Party may terminate this Lease by providing 90 days written notice to the other party via service as further discussed in Section 12 below.
11.2. For Cause. Upon any material breach of this Lease, the Lease will immediately be terminated
11.3. Removal of Items Upon Termination. If Tenant does not remove the hangar and personal property from the Premises within 90 days of notice pursuant to 11.1 or breach pursuant to 11.2, those items will be considered abandoned and become the property of Landlord.
Section 12. Notices.
Notices required pursuant to the provisions of this Lease shall be conclusively determined to have been delivered (i) when hand-delivered to the other party at such addresses listed below, or at such other addresses as the receiving party designates by proper notice to the sending party, or (ii) three (3) days after being deposited in the United States Mail, postage prepaid, addressed as follows:
To: TENANT: To: LANDLORD:
Name: Johnson Commercial Services City of Corning, ATTN: City Manager Address: 794 Third Street
City, State, Zip: Corning, California 96021
Section 13. Assignment and Subleasing.
Tenant shall not assign or sublease the Premises without written approval of Landlord. If written approval is provided by Landlord for such assignment or sublease, the terms and conditions of this Lease will remain in full force and effect on the successor.
Section 14. Encumbering the Premises.
Tenant shall not take any action which will result in a lien or other encumbrance on the Premises.
If such a lien or other encumbrance is recorded on the Premises, Tenant at its sole cost shall have the lien removed either though agreement, judicial action, or the purchasing of a bond.
Section 15. Taxes.
Tenant agrees to pay any and all federal, state, or local taxes or assessments which may lawfully be levied against Tenant due to Lessee's use or occupancy of the Premises or any improvements or property placed on the Premises by Tenant as a result of its occupancy.
Section 16. Licenses and Permits.
Tenant shall, at its sole expense, obtain and keep in effect all licenses and permits necessary for its use of the Premises.
Section 17. No Waiver.
Terase and right grated herein shal not conside a waiver of Landlord is to emand performance or to assert any right on a future occasion.
Section 18. Venue and Jurisdiction.
If any action arises in law or equity on the basis of any provision of this Lease, or of Tenant's use of the Premises, venue for such an action shall lie in Tehama County, State of California. This Lease shall be construed in accordance with the laws of the State of California.
Section 19. Attorney's Fees.
Should any action be filed based upon an alleged breach of this Lease, the prevailing party in such an action shall be entitled to attorney's fees and costs incurred in such litigation.
Section 20. Severability.
If any provision of this Lease shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of the Lease shall remain in full force and effect.
Section 21. Signature Authority.
The person signing this agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance, or other authorization of the entity.
Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto.
Section 22. Entirety of Agreement.
This written instrument, including any documents attached hereto or incorporated herein by reference, contains the entire understanding and agreement between Landlord and Tenant, its assigns, and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict withany provisions of this Lease. The terms and conditions of this Lease shall not be amended unless agreed to in writing by both parties and approved by the City Council of Landlord.
IN WITNESS WHEREOF, the parties have caused this Lease to be executed the date and year first above written.
CITY OF CORNING, a Municipal Corporation
"LANDLORD" "TENANT"
By:.
BRANT MESKER TENANT
City Manager
Date Date
APPROVED AS TO FORM: ATTEST:
BY COLLIN BOGENER BY RUBI ORDAZ
City Attorney City Clerk
Date Date
Revised from May 2023 per City Manager, January 2024.
: \Documents/AIRPORT Land Leases\Originals
Airport Hangar Land Lease (20 yr.)
Annual Payments
As proposed with a 4% 4%
Year annual increase Increase
2025 $463.47 $18.54
2026 $482.01 $19.28
2027 $501.29 $20.05
2028 $521.34 $20.85
2029 $542.19 $21.69
2030 $563.88 $22.55
2031 $586.43 $23.46
2032 $609.89 $24.39
2033 $634.28 $25.37
2034 $659.65 $26.39
2035 $686.04 $27.44
2036 $713.48 $28.54
2037 $742.02 $29.68
2038 $771.70 $30.87
2039 $802.57 $32.10
2040 $834.67 $33.39
2041 $868.06 $34.72
2042 $902.78 $36.11
2043 $938.89 $37.55
2044 $976.44 $39.06
2045 $1015.50 $40.62
ITEM NO.: J-1
INFORMATIONAL PRESENTATION
REGARDING MOBILE FOOD
TRUCK VENDORS AND CITY
ORDINANCE 708
July 22, 2025
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BRANT MESKER, CITY MANAGER
CHRISTINA MEEDS, PLANNER II
BACKGROUND:
At the request of a council member, Ordinance 708 was to be revisited with a focus on the 300-foot distance requirement. As part of the Ordinance, 708, 5.50.030 (E) "There shall be no more than one motorized Mobile Food Truck within 300-feet of each other. (P) Mobile Truck shall not be allowed to park within 300 feet of a brick-and-mortar food/drink service business.
Ordinance 708 was introduced to the City of Corning Council members on Tuesday, March 12, 2024, at the recommendation of the Corning City Planning Commission. It was approved in a 4-0 vote with Mayor Snow abstaining, due to a conflict of interest.
At the time of adoption, the City had approximately 19 food vendors in operation.
As of July 1, 2025, the City has 14 licensed food vendors in operation. Of the 14 licensed vendors 8 are mobile food trucks. The revenue to the City from the 14 licensed vendors is $7,951 per year, approximately $662 per month.
Staff is requesting feedback and direction from the Council to choose if Ordinance 708 should be revisited. If Council chooses to have Ordinance 708 revisited, please direct staff which portion(s) of the ordinance are to be reconsidered. Should there be any changes to the ordinance, staff would make changes based on the direction provided from Council and take the changes to the Planning Commission for consideration and recommendation. Upon approval of the recommendation of the Planning Commission of any changes, it would then come back to Council for approval of a revised ordinance and requirements.
RECOMMENDATION:
MAYOR AND COUNCIL:
• FEEDBACK AND DIRECTION TO STAFF REGARDING MOBILE FOOD TRUCK VENDORS AND CITY ORDINANCE 708.
ITEM NO.: J-2
ACCEPT NOTICE OF COMPLETION AND
AUTHORIZE RELEASE OF RETENTION
FUNDS IN THE AMOUNT OF $23,916.98
TO VSS INTERNATIONAL, INC FOR THE
TEHAMA STREET REHABILITATION
PROJECT.
July 22, 2025
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: BRANT MESKER, CITY MANAGER
ELIJAH STANLEY, PUBLIC WORKS DIRECTOR
SUMMARY:
The Tehama Street Rehabilitation project is complete and has been inspected and approved by City Staff. As such, staff requests the following: City Council accept the Notice of Completion for the project, authorize Staff to file and record a Notice of Completion with the Tehama County Clerk and Recorder, and authorize the release of the Retention Funds in the amount of $23,916.98 to VSS International, Inc. 30 days following the signed Notice of Completion.
The Notice of Completion is attached for Council review.
BACKGROUND:
At the April 8, 2025 City Council meeting, VSS International, Inc. was awarded the Tehama Street Rehabilitation Project with a base bid of $453,211.00. At that same meeting, the City Manager was authorized to execute change orders not exceeding 10% of the total contract amount.
During the course of the project, material overages totaling $25,128.55 were incurred, resulting in a final contract amount of $478,339.55. These overages remained within the authorized 10% change order limit.
FINANCIAL:
The Fiscal Year 2024/2025 budget allocated $385,000 from Street Maintenance funds and $300,000 from Measure A Funds, for a total of $685,000. The final total cost of the project was $478,339.55.
RECOMMENDATION:
THAT MAYOR AND COUNCIL:
1. ACCEPT AND DIRECT THE PUBLIC WORKS DIRECTOR TO SIGN THE NOTICE OF
COMPLETION, AND AUTHORIZE CITY CLERK TO FILE NOTICE WITH THE TEHAMA COUNTY FOR RECORDING; AND
2. AUTHORIZE THE RELEASE OF RETENTION FUNDS TO VSS INTERNATIONAL, INC.
IN THE AMOUNT OF $23,916.98
WHEN RECORDED MAIL TO:
City of Corning
794 Third Street
Corning, CA 96021
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is owner or agent of the owner of the interest or estate stated below in the property hereinafter described.
2. Theil, A and adress of the undersigned owner is City of Coming, 794 Third Street,
3. There was completion of the 2024/2025 Corning Tehama Street Rehabilitation Project ·25-028, a project consisting pavement maintenance, rehabilitation, and striping on Tehama Street, from 3rd Street to Houghton Avenue in Corning, CA
4. The work has been completed and is suitable to be put into use as of July 22, 2025, and has therefore been accepted for ownership and operation by: The City Council of the City of Corning at a Regular Council Meeting, on July 22, 2025.
5. The name of the General Contractor is: VSS International Inc., 3785 Channel Drive, West Sacramento, CA 95691, under a contract dated April 9, 2025. • The property herein referred to is situated in the City of Corning, Tehama County, an tate of Californi
July 22, 2025, Signature of Agent of Owner:
Date Elijah Stanley, Director of Public Works
Verification for Non-Individual owner: 1, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the Public Works Director of the aforesaid interest or estate in the property described.
In the above notice; that I have read the said notice, that I know and understand the contents thereof and that the facts stated therein are true and correct.
July 22, 2025
Elijah Stanley
Director of Public Works
City of Corning, Corning, CA
ITEM NO.: J-3
ACCEPT NOTICE OF COMPLETION AND
AUTHORIZE RELEASE OF RETENTION
FUNDS IN THE AMOUNT OF $29,135.32
TO VSS INTERNATIONAL, INC. FOR THE
ALMOND AND FIG ST REHABILITATION
PROJECT.
July 22, 2025
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: BRANT MESKER, CITY MANAGERP
ELIJAH STANLEY, PUBLIC WORKS DIRECTOR ES
SUMMARY:
The Almond and Fig Street Rehabilitation project is complete and has been inspected and approved by City Staff. As such, staff requests the following: City Council accept the Notice of Completion for the project, authorize Staff to file and record a Notice of Completion with the Tehama County Clerk and Recorder, and authorize the release of the Retention Funds in the amount of $29,135.32 to VSS International, Inc. 30 days following the signed Notice of Completion.
The Notice of Completion is attached for Council review.
BACKGROUND:
At the September 24, 2024, City Council meeting, VSS International, Inc. was awarded the Almond and Fig Street Rehabilitation Project with a base bid of $575,000.00. As part of that action, the City Manager was authorized to approve change orders not to exceed 10% of the total contract amount.
During the course of the project, material overages totaling $7,706.43 were incurred, resulting in a final contract amount of $582,706.43. These overages remained within the authorized 10% change order limit.
FINANCIAL:
The Fiscal Year 2024/2025 budget allocated $1,040,000.00 for roadway maintenance projects. The total cost of the project, including change orders, was $582,706.43.
RECOMMENDATION:
THAT MAYOR AND COUNCIL:
1. ACCEPT AND DIRECT THE PUBLIC WORKS DIRECTOR TO SIGN THE NOTICE OF
COMPLETION, AND AUTHORIZE CITY CLERK TO FILE NOTICE WITH THE TEHAMA COUNTY FOR RECORDING; AND
2. AUTHORIZE THE RELEASE OF RETENTION FUNDS TO VSS INTERNATIONAL, INC.
IN THE AMOUNT OF $29,135.32
WHEN RECORDED MAIL TO:
City of Corning
794 Third Street
Corning, CA 96021
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is owner or agent of the owner of the interest or estate stated below in the property hereinafter described.
2. The full name and address of the undersigned owner is City of Corning, 794 Third Street, Corning, CA 96021.
3. There was completion of the 2024/2025 Corning Almond & Fig Street Rehabilitation Project #24-079, a project consisting of pavement maintenance, rehabilitation, and striping on Almond Street, from 2nd Street to Marguerite Avenue, and Fig Street from Fig Lane to Almond Street, and Hickory Street from Fig Street to Marguerite Avenue in the City of Corning.
4. The work has been completed and is suitable to be put into use as of July 22, 2025, and has therefore been accepted for ownership and operation by: The City Council of the City of Corning at a Regular Council Meeting, on July 22, 2025.
5. The name of the General Contractor is: VSS International, Inc., 3785 Channel Drive, West Sacramento, CA 95691, under a contract dated September 25, 2024.
6. The property herein referred to is situated in the City of Corning, Tehama County, and State of California.
July 22, 2025, Signature of Agent of Owner:
Elijah Stanley, Director of Public Works
Verification for Non-Individual owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the Public Works Director of the aforesaid interest or estate in the property described.
In the above notice; that I have read the said notice, that I know and understand the contents thereof and that the facts stated therein are true and correct.
July 22, 2025
Elijah Stanley
Director of Public Works
City of Corning, Corning, CA
ITEM NO.: J-4
APPROVE PLANS AND SPECIFICATIONS AND
AUTHORIZE STAFF TO SOLICIT BIDS FOR
THE TOOMES AVENUE WATERLINE INFILL
PROJECT.
AUGUST 22, 2025
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: BRANT MESKER, CITY MANAGER
ELIJAH STANLEY, PUBLIC WORKS DIRECTOR ES
SUMMARY:
Staff recommends that the City Council approve the plans and specifications and authorize staff to solicit bids for the Toomes Avenue Waterline Infill Project.
The Toomes Avenue Waterline Infill Project consists of installing approximately one mile of new water main along Toomes Avenue, from Loleta Avenue to Fig Lane. The scope of work includes new service connections and meter boxes at adjacent properties to facilitate future tie-ins and close the existing gap in the City's water distribution system.
The draft contract, bid proposal documents, and project plans are attached for Council review.
Once bids have been received and evaluated, staff will return to the City Council with a recommendation to award the construction contract to the lowest responsive and responsible bidder.
BACKGROUND:
On January 19, 2024, the City entered into Agreement No. 460015659 with the California Department of Water Resources (DWR) to fund the Corning Well and System Expansion Project. This project is supported by the Small Community Drought Relief Program (SCDRP), authorized by the 2021 Budget Act and Assembly Bill 148.
The SCRP provides funding to address drought-related water supply threats in small communities, supporting projects that secure and enhance drinking water reliability and mitigate impacts on public health and safety.
As part of this funding, the City identified several components critical to long-term water infrastructure, including the development of a new well, installation of backup power generation, and waterline improvements to close existing service gaps.
FINANCIAL:
The Toomes Avenue Waterline Infill Project is funded through Funding Agreement No. 460015659 with the California Department of Water Resources under the Small Community Drought Relief Program (SCDRP). The total funding allocation of $2,000,000 covers the design of the water main gap closure, well, and pump station; the drilling of the well; and the construction of the waterline infill along Toomes Avenue.
Below is a breakdown of the engineer's estimate by scope of work:
• Design - $531,268
• Well Drilling - $908,732
• Waterline Infill - $560,000
RECOMMENDATION:
MAYOR AND COUNCIL:
• APPROVE PLANS AND SPECIFICATIONS; AND
• AUTHORIZE STAFF TO SOLICIT BIDS FOR THE TOOMES AVENUE WATERLINE INFILL PROJECT.
BID PACKET
CITY OF CORNING
CORNING
TOOMES AVE WATERLINE INFILL
PROJECT
BIDS DUE ON OR BEFORE:
2:00 P.M.
19_ DAY, AUGUST, 2025
CONTENTS TOTAL PAGES
NOTICE TO CONTRACTORS.... 1
PROJECT DESCRIPTION 1
BIDDING REQUIREMENT SUMMARY 1
INSTRUCTIONS TO BIDDERS..... 5
PROPOSAL BID FORMS.... ...7
NON COLLUSION AFFIDAVIT 1
BIDDERS BOND 3
AGREEMENT. 5
PERFORMANCE BOND 3
LABOR AND MATERIAL PAYMENT BOND 3
GENERAL CONDITIONS 36
SUPPLEMENTARY CONDITIONS. 6
GENERAL REQUIREMENTS 42
SPECIFICATIONS 24
DRAWINGS............. ... .
CORNING
NOTICE TO CONTRACTORS
NOTICE IS HEREBY GIVEN that City of Corning, will receive bids for the Toomes Ave Waterline Infill Project.
Bids shall be submitted on forms included in the Bid Packet. Copies of the Bid Packet and the drawings may be obtained from City website at www.corning.org.
Copies are on file and open to public inspection at City Hall at 794 Third Street, Corning, CA 96021.
Bids must be received at City Hall, 794 Third Street, Corning, CA 96021, not later than 2:00 P.M. on August 19, 2025, at which time the Project Coordinator will open said bids. Bids shall be submitted in sealed envelopes and marked in the upper left-hand corner, "Toomes Ave Waterline Infill Project" , together with the name and address of the bidder. The bids will be opened and read publicly and bidders or their agents are invited to be present.
Any request for explanation or interpretation of the Bid Documents must be made in writing no later than 5:00 PM on August 8, 2025. All requests shall be made by email to [email protected] with the subject line of Toomes Ave Waterline Infill Project. Any explanation or interpretation will be made in the form of Addenda to the Contract Documents. All Addenda will be uploaded to www.publicpurchase.com and the City of Corning website at www.corning.org. It will be the bidder's responsibility to verify that they have received all Addenda. Bidders shall submit signed copies of all Addenda with their Proposals. Oral explanations and interpretations will not be binding.
There will be a mandatory pre-bid walk-thru on Tuesday, August 5th, at 2:00 p.m., on site, at the project site located at the intersection of Toomes Ave and Fig Lane, Corning, CA Pursuant to Section 1770 and following the Labor Code, the Contractor for the work will be required to pay, at least, the general prevailing wage rates as determined by the Director of the Department of Industrial Relations of the State of California. Questions or wage rates pertaining to the general prevailing wage should be directed to the Division of Labor Statistics and Research, P.O. Box 420603, San Francisco, CA 94142-0603 or http://www.dir.ca.gov/DLSR/PWD/TEH.xls Bid bond, labor and material bond and performance bonds are required. The City reserves the right to reject any and all bids and waive any informalities or irregularities in the bidding. Each bidder must be appropriately licensed in the State of California and registered with the Department of Industrial Relations for this project as required by law.
PURCHASING AGENT, BRANT MESKER
By: CITY MANAGER
Publish in the Red Bluff Daily News on August 1, 2025. Send proof of publication and invoice to:
City Hall, 794 Third Street, Corning, CA 96021. Prior to publication, please email proof to [email protected] Attn: Elijah Stanley
PROJECT DESCRIPTION
TOOMES AVE WATERLINE INFILL PROJECT
The scope of work for the Toomes Avenue Waterline Infill Project includes the installation of approximately one mile of new water service line along Toomes Avenue, extending trom Loleta Avenue to Fig Lane. The project will also include the installation of service connections and meter boxes at all adjacent properties for future tie-ins to close the existing gap in water service.
This is only a summary. See the entire project document for the full scope of the project.
Bidding Requirement Summary
BIDDING REQUIREMENT SUMMARY
1. PROJECT TITLE: Toomes Ave Waterline Infill Project
2. PROJECT LOCATION: Toomes Ave and Fig Lane Intersection
3. BID OPENING DATE: August 19, 2025, at 2:00 PM
4. BID PLACE: City Hall, 794 Third Street, Corning, CA
96021
5. MANDATORY PRE BID MEETING: August 5, 2025, 2:00 PM
At the project location.
6. BID SECURITY: 10% of maximum amount of bid
7. CONSTRUCTION TIME PERIOD: 60 Working Days
8. LICENSE REQUIREMENTS: Class A - General Engineering
9. LIQUIDATED DAMAGES: $3.600.00 per day
10. LABOR AND MATERIALS PAYMENT BOND: 100% of the total bid
11. PERFORMANCE BOND: 100% of the total bid
12. PREVAILING WAGE RATES: Yes
13. BID VALID FOR: 60 Days
14. NON-REFUNDABLE DEPOSIT
FOR CONTRACT DOCUMENTS: NIA
15. ESTIMATE OF CONSTRUCTION COSTS: $560,000
16. ISSUED CONSTRUCTION DOCUMENTS:
publicpurchase.com Corning.org
PROPOSAL BID FORMS
CITY OF CORNING
City of Corning
Corning, CA
_ in accordance with the Notice to Contractors,
IOOMES AVE WATERLINE INFILL PROJECT
iransporaur, timing, suipmen, al relies lates, and incidenaxes, permits, insurance, bonds, If awarded the Contract, the undersigned hereby agrees that within ten (10) working days after receipt of the Contract from the City, he will sign the Contract in the required form, of which the Notice to Contractors, Instructions to Bidders, Proposal, Bid Forms, Bonds, General and Supplementary Conditions, Drawings, Specifications, and all Addenda issued prior to the opening of bids, are a part ne undersigned agrees to complete all work required under the Contract with ) working days and accept in full payment the price named in the Bid Proposal, which is bour herein and made a part of this proposal.
The undersigned declares that he has carefully checked all of the figures submitted on the Bid Proposal and understands that the City will not be responsible for errors or omissions on the part of the undersigned in making up this bid.
Bidder hereby certifies that the Bidder has reviewed and understands the insurance coverage requirements and bonding requirements, as specified in the General Conditions, Article 5 - Bonds and Insurance. Should the Bidder be awarded the contract for the work, Bidder further certifies that the Bidder can meet the specified requirements for bonding and insurance, including insurance coverage of the subcontractors, and agrees to name the City of Corning, its elected officials, officers, and employees as additional insured for the work specified. The undersigned agrees to secure the required insurance and bonds and submit them prior to or concurrent with the return of the signed Contract.
Accompanying this proposal is a "Cashier's Check", "Certified Check" or "Bidder's Bond", as the case may be, in an amount equal to at least ten percent (10%) of the total of the bid.
Name (print) Representing (Firm)
Signature
Title Business Address
Taxpayer I.D. No.
Contractor's License No..
Department of Industrial Relations (DIR) Registration No.
Receipt of the following Addenda is hereby acknowledged:
Addendum No._ _Bidder's Initials
Addendum No._ _Bidder's Initials
Addendum No._ Bidder's Initials
PROPOSAL FOR
IOOMES AVE WATERLINE INFILL PROJECT
The undersigned bidder hereby proposes and agrees to furnish any and all services necessary to perform all Work required by the Contract Documents:
Bid: Furnish all labor, materials, taxes, insurance, bonds, transportation, equipment, facilities, utilities, and incidentals for the "TOOMES AVE WATERLINE INFILL PROJECT" for the sum as listed below.
IOTE: The project will be awarded on the "Base Bid" amount, which includes but not limited tr Explain Base Bid components
ESTIMATED UNIT OF
ITEM ITEM DISCRIPTION QUANTITY MEASUREMENT UNIT PRICE AMOUNT 1 Mobilization 1 LS $ $
2 Temporary Traffic Control 1 LS $ $
3 Water Pollution Control Plan 1 LS $ $
4 Clear and Grub 1 LS $ $
5 8" C-900 PVC Pipe 2,593 LF $ $
6 6" C-900 PVC Pipe 150 LF $ $
7 Fire Hydrant Assembly EA $ $
8 6" FLG x MJ Gate Valve 6 EA $ $
8" MJ Gate Valve 4 EA $ $
10 8" Flg x MJ Gate Valve 4 EA $ $
11 1" Single Service Lateral 8
12 2" Single Service Lateral 2
TOTAL BASE BID: $
BASE BID - (The project will be awarded on the Base
Bid amount)
dollars
(written numbers)
(figures)
Bidder
Date_
TOOMES AVE WATERLINE INFILL PROJECT
LIST OF SUBCONTRACTORS
Pursuant to Public Contract Code 4104, the undersigned bidder shall list the name and location of business of each Subcontractor who will perform work, labor or service to the bidder under this Contract in excess of one-half of one percent (1/2%) of the total amount shown in the bid, and shall also list the item or portions of the Work which will be done by such Subcontractor for any item or LIST OF SUBCONTRACTORS:
All blanks below must be completed for each subcontractor. Failure to do so may cause your bid to be declared nonresponsive:
Subcontractor
Name:
Location of place of business: _
License No.
DIR No.
Work to be done:
Subcontractor
Name:
Location of place of business:
License No.
DIR No.
Work to be done:
Subcontractor
Name:_
Location of place of business:
License No.
DIR No.
Work to be done:
Subcontractor
Name:_
Location of place of business:
License No.
DIR No.
Work to be done:_
Subcontractor
Name:
Location of place of business:
License No.
DIR No.
Work to be done:_
Subcontractor
Name:
Location of place of business:
License No.
DIR No.
Work to be done:
Subcontractor:
Name:
Location of place of business:_
License No.
DIR No.
Work to be done:
No Contractor may perform work on a public works project with a Subcontractor who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.
TOOMES AVE WATERLINE INFILL PROJECT
INFORMATION REQUIRED OF BIDDERS
The bidder is required to supply the following information.
1. Firm Name
2. Representative
3. Title
4. Business Address
6. Telephone Cell # Fax #
7. Email Address.
8. California Contractors License(s):
No(s)._ Type(s)
9. California Department of Industrial Relations Registration No..
City of Corning
NON-COLLUSION
AFFIDAVIT CITY OF
CORNING
TO BE EXECUTED BY THE BIDDER AND SUBMITTED WITH THE BID To: City of Corning
State of
California
_deposes and says that he or she is _(title) of_
• the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true and further, that the bidder has not directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. (The above certificate must be signed and filed with the City along with the bid) Signed Date
BIDDER'S BOND
(Public Contract)
KNOW ALL MEN BY THESE PRESENTS: That as Principal
othe total amount er the base Did sul hered by let at or neer these and work or propert 10h ) lawful money of the Unitec
and assigns, jointly and severally firmly by thes
presents.
TOOMES AVE WATERLINE INFILL PROJECT
NOW, THEREFORE, THE CONDITION OF THE OBLIGATION IS SUCH THAT, if Obligee shall make an award to Principal for said work of improvement according to the terms of such bid, and Principal shall duly execute, or cause to be executed, and delivered to Obligee the Contract, bonds, and evidence of insurance coverage as, and within the time, required by the Contract Documents for the above-named project, which Contract Documents are incorporated herein by this reference, then this obligation shall be null and void; OTHERWISE, it shall remain in full force and effect, and if Obligee shall make such an award to Principal and Principal shall fail to execute, or caused to be executed and delivered to Obligee said instruments as required by the Contract Documents, then surety will pay Obligee the full sum of the bond.
No extension of time granted to the Principal and no change or alteration in any of the terms of the bid or bid requirement, whether made after notice or not, shall release or otherwise affect the obligations of Surety hereunder, and Surety waives notice of any such extension, change, or alteration. Surety, by the execution of this bond, represents and warrants that this bond has also been duly executed by Principal with proper authority, and Surety hereby waives any defense which it might have by reason of any failure of Principal to execute or properly execute this bond.
In the event suit is brought upon this bond by Obligee and judgment is recovered by Obligee, court costs, including reasonable attorneys' fees, shall be an additional obligation of this bond for which Principal and Surety shall be liable.
Signed and sealed the day of _ 20.
PRINCIPAL (Notary Certificate Attached) SURETY (Notary Certificate Attached) NOTE TO SURETY COMPANY: The following form of acknowledgment should be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in-fact.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
NOTARY ACKNOWLEDGMENT
STATE OF
CITY OF_
On_ _ before me,. _ a Notary Public in
Name of Notary Public
and for said State, personally appeared
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
(SEAL)
Signature of Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
NOTARY ACKNOWLEDGMENT
STATE OF
CITY OF
On _ before me,_ _, a Notary Public in
Name of Notary Public
and for said State, personally appeared_
Name(s) of Signers)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
(SEAL)
Signature of Notary Public
AGREEMENT FORM
THIS AGREEMENT, entered into as of _ 2025, is between the City of Corning, a public entity, organized and existing pursuant to the laws of the State of California (hereinafter called the "CITY"), and_ _(hereinafter called the "Contractor"), WHEREAS, the Contractor has been awarded the contract for the work hereafter mentioned:
"Toomes Ave Waterline Infill Project"
WITNESSETH:
That the parties hereto mutually agree to the terms and conditions hereinafter set forth.
CONTRACT DOCUMENTS
The Items hereinafter enumerated as the Contract Documents shall form a part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth.
Work called for in any one Contract Document and not mentioned in another is to be performed and executed the same as if mentioned in all Contract Documents, the table of contents, titles, and headings contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect or limit the interpretations of the provisions to which they refer.
The "Contract Documents" ", sometimes also referred to as the Contract, consist of the completed Form of Proposal submitted by the Contractor to whom the Contract is awarded, the Instructions to Bidders insofar as they relate to events which will occur or actions to be taken after the submission of the Proposal, this Agreement to which the General Conditions are attached, the General Requirements, the Supplementary Conditions, the Drawings and Specifications and any modifications of any of the foregoing in the form of addenda or otherwise effected in accordance with the terms of the Contract.
The sections of the CITY's Specifications and the titles of the Drawings, with their assigned numbers and their date of issue, are listed in the Contract Documents.
II. DEFINITIONS
Unless otherwise specifically provided herein, all words and phrases defined in the General Conditions shall have the same meaning and intent in this Agreement.
III. SCOPE OF THE CONTRACT
The Contractor shall perform, within the time stipulated, the Contract as herein defined, and shall furnish all labor, tools, equipment, apparatus, facilities, labor and material and transportation al the work aled for, and in the manner designated in, and in stic conformily with, the Contract IV. CONTRACT PRICE
BASE BID PRICE:
The CITY agrees to pay and the Contractor agrees to accept, in full payment for the work included in the bid for the sum of:
(spell out) (figures
In the event that the City issues a change order for work not covered by the contract documents, Contractor's compensation for that change order shall be determined in accordance with the "Unit Price" rates set forth on page 3 of Contractor's "Proposal Bid Forms".
V. CONTRACT TIME, COMPLETION, AND CHANGES
A. Notice to Proceed
Within 60 days of the opening of bids the successful low bidder will be authorized by written notice to proceed with the work. The bidder shall have no claim against the CITY, or its officers, employees, agents, consultants, project manager or architect because of failure to issue the Notice to Proceed, and hereby waives any claim against the CITY in connection with the failure to issue the Notice to Proceed.
B. Commencement and Prosecution of Work
The Contractor shall commence the work on or before 10 days from and after the date specified in the written "Notice to Proceed," and will diligently prosecute the work to final completion. Said Notice to Proceed shall be issued following execution of the Agreement, the filing by the Contractor of the required bonds and proof of insurance. The continuous prosecution of work by the Contractor shall be subject only to delays as defined in this section of this Agreement.
C. Time of Completion
The entire work shall be brought to substantial completion in the manner provided for in the Contract Documents in a period of 30 working days (or calendar days) from and after the date assigned in the Notice to Proceed. The date, 30 working days (or calendar days) from and after the date of the Notice to Proceed shall be hereinafter called the "Estimated Completion Date" unless extensions of time are granted in accordance with the Contract Documents for Category A or B Delays as defined in this section of this Agreement. Failure to substantially complete the work within the above times and in the manner provided for by the Contract Documents shall subject the Contractor to liquidated damages as hereinafter stipulated in this Agreement. Time is and shall be of the essence in these Contract Documents.
D. Changes in the Work
Changes in the work made and extensions of time of completion made necessary by reason thereof such bonds, shall be deemed to have expressly agreed to any such change in the work and to any extension of time made by reason thereof. The CITY agrees that no changes in the work shall be ordered which will necessitate an extension of the substantial completion time beyond the fixed completion date.
E. Extensions of Time
In the event it is deemed necessary by the CITY to extend the time of substantial completion of the work to be done under this contract beyond any required dates of completion herein specified, such extensions shall in no way release any guarantee given by the Contractor pursuant to the provisions of the Contract Documents, or the contract let hereunder, nor shall such extension of time relieve or release the sureties on the bonds executed pursuant to said provisions. The sureties in executing such bonds shall be deemed to have expressly agreed to any such extension of time. The amount of time allowed in any Extension of Time shall be limited to the period of the delay-giving rise to the same as determined by the CITY.
F. Prevailing Wages
Pursuant to Section 1770 et seq. of the Labor Code the Contractor for the work will be required to pay, at least, the general prevailing wage rates as determined by the Director of the Department of Industrial Relations of the State of California. Questions pertaining to the general prevailing wage rates should be directed to the Division of Labor Statistics and Research, P.O. Box 603, San Francisco, CA 94101. A failure to pay the required prevailing wage my result in a penalty through forfeiture as set forth in Labor Code section 1775.
Category A Delays
For the purpose of these Contract Documents, the term "Category A Delays" shall mean, and is limited to, delays caused directly by acts of God; acts of the public enemy; fire, riots, insurrections; epidemics; quarantine restrictions; strikes; lockouts; sit- downs; acts of a governmental agency; authority; changes in the work ordered by the CITY insofar as they necessarily require additional time in which to substantially complete the work; the prevention by the CITY of the Contractor from commencing or prosecuting the work because of the acts of others, excepting the Contractor's subcontractors; or the prevention of the
Contractor from commencing or prosecuting the work because of a city-wide failure of public utility service.
Inclement weather shall not be a prima facie reason for the granting of an extension of time, and the Contractor shall make every effort to continue work under prevailing conditions. The CITY may, however, grant an extension of time if an unavoidable delay as a result of inclement weather in fact occurs, and such shall then be classified as a "Category A Delay".
The term "Category A Delay" shall specifically not include (i) any delay which could have been avoided by the exercise of care, prudence, foresight and diligence on the part of the Contractor; (It) any delay in the prosecution of parts of the work, which may in itself be unavoidable but which does not necessarily prevent or delay the prosecution of other parts of the work, nor substantial completion of the whole work within the time specified; (iii) any reasonable delay resulting from time required by the CITY for review of plans submitted by the Contractor and for the making of surveys, measurements and inspection; and (iv) any delay arising from an interruption in the prosecution of the work on account of the reasonable interference from other contractors employed by the CITY which does not necessarily prevent the completion of the whole work within the time specified.
H. Category B Delays
For the purposes of these Contract Documents, the term "Category B Delays" shall mean delays caused directly by loss or damage to the project caused by the perils covered by the Builder's Risk insurance provided for by the Agreement or by any war declared by an enactment of the Congress of the United States of America.
VI LIQUIDATED DAMAGES
The provisions for Liquidated Damages appearing in the General Conditions, Article 12, are incorporated by reference as if fully set forth herein. Liquidated damages of $3,600.00 per day will be charged the Contractor for each day of delay beyond the substantial completion date.
VII NOTICE OF DELAY
of the work, and, in any event, promptly upon the occurrence of a delay. Said notice shall constitute an application for an extension of contract time only if it is in compliance with the provisions of Article so and on day antony armie we enter am prant the curency od
VIlI NO WAIVER OF RIGHTS
Neither the inspection by the CITY or its agents, nor any order or certificate for the payment of money, nor any payment for, nor acceptance of the whole or any part of the work by the CITY, nor any extensions of time, nor any position taken by the CITY or its agents shall operate as a waiver of any provision of this Contract, or of any power herein reserved to the CITY or any right to damage herein provided, nor shall any waiver of any breach of this Contract be held to be a waiver of any other or subsequent breach. All remedies provided in this Contract shall be taken and construed as cumulative, that is in addition to each and every other remedy herein provided; and the CITY shall have any and all equitable and legal remedies which it would in any case have.
IX AGREEMENT CONTROLS
In the event of a conflict between the Contract Documents, the conflict shall be resolved by giving precedence in the following order: (1) This Agreement Form; (2) the General Conditions and General Requirements; (3) the Supplementary Conditions; (4) the Notice to Contractors; (5) the Instruction:
• Bidders; (6) the Technical Specifications text: (7) the Drawings (Plans)
CERTIFICATION
CITY:
BY: _ DATED.
City Manager
CONTRACTOR
BY: DATED
Contractor
Approved as to form:
City Counsel
Performance Bonc
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: That, WHEREAS, the CITY OF CORNING (hereinafter called "City"), has conditionally awarded to (here insert full name and address or legal title of Contractor)
Principal (hereinafter called "Contractor") a Contract for the TOOMES AVE WATERLINE INFILL PROJECT, in the said City of Corning, in accordance with and consisting in part of plans and specifications prepared by the City of Corning, at 794 Third Street, Corning, CA 96021 which Contract also consists of all other parts of the Contract Documents for said project which Contract is made a part hereof by reference, and is hereinafter referred to as the Contract, and WHEREAS said Contractor is required under the terms of said Contract to furnish a bond for the NOW, THEREFORE, we the Contractor and (here insert full name and address or legal title of Surety)
he reinate called City in the sumo? are held and firmly bound unto City of Corning, California Dollars ($.
lawful money of the United States, for the payment of which sum well and truly to be made Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, unless the above bounden Contractor, his heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and will and truly keep and perform the covenants, conditions and agreements in additions or alterations thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according and shall indemnify and save harmless City,
ENGINEER/ARCHITECT and their employees and their consultants, and their agents, as therein stipulated, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
Contractor agrees not to assign this Contract except upon the written consent and approval of the City or their successor and assigns.
And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it loes hereby waive notice of any such change, extension of time, alteration or addition to the terms o he Contract or to the work or to the specifications
Performance Bond
"Admited surity al that ure de, relay be, it ed by Caid gastate, regulation or ev Department of Insurance
IN WITNESS THEREOF, the above bounden parties have executed this instrument under their several seals this
SIGNED AND SEALED THIS_day of _, 20
Print name of Contractor
B' Signature
Title of Signer
Surety Name
By. Attorney-in-Fact
(Acknowledgment by Notary Public required)
Title
(SURETY SEAL)
NOTE TO SURETY COMPANY:
The following form of acknowledgment shall be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in-fact for each bond issued.
Performance Bond
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss.
CITY OF CORNING)
On , before me,_ _ a
Name of Notary Public
Notary Public in and for said State, personally appeared Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
(SEAL)
Notary Public
Labor and Material Payment Bond
LABOR AND MATERIAL PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That WHEREAS, the CITY of CORNING has awarded to (here insert the full name and address or legal title of Contractor) Contract also consists of all other parts of the Contract Documents for said project, which Contract is made a part hereot by reference, and is hereinafter referred to as the Contract, and WHEREAS said Contractor is specified in this Bond, and also, in case suit is brought upon the Bond, a reasonable attorney's fee to be fixed by the Court.
NOW, THEREFORE, we the Contractor and (here insert full name and address or legal title of Surety) as Surety (hereinafter called "Surety") are held and firmly bound unto the City of Corning, California (hereinafter called "City") in the sum of in lawful
money of the United States, for the payment of which sum, well and truly to be made, Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if said Contractor, his heirs, executors, administrators, successors or assigns, or his subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or equipment used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or shall fail to pay any other amount due to any person named in Section 9100 of the Civil Code, or shall fail to pay any amounts due under the Unemployment Insurance Act with respect to such work or labor performed by any such person, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his/her subcontractors pursuant to Section 18664 of the Revenue and Taxation Code, with respect to such work and labor, then the Surety on this Bond will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought upon this Bond, a reasonable attorney's fee to be fixed by the Court.
This Bond shall insure to the benefit of any and all persons, companies, corporations, politica ubdivisions and State agencies, entitled to file claims under the provisions of Section 9100 of the Civil Code o he State of California, as now in effect and as the same may be amended or superseded from time to time, s as to give a richt of action to them, or their assians, if any suit is broaht upon this Bond.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on Labor and Material Payment Bond
this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.
The Principal and Surety do hereby represent, warranty and guarantee, the Surety is an "Admitted Surety" as that term is, or may be defined by California statute, regulation or the Department of Insurance.
IN WITNESS WHEREOF, the above bounden parties have executed this instrument under several seal this _ the name and corporate seal of each party being
affixed hereto and the present duly signed by its undersigned representative, pursuant to authority of its governing body.
SIGNED AND SEALED THIS day of _ 20_
Print name of Contractor
By_
Signature
Title of Signer
Surety Name
By. Attorney-in-Fact
(Acknowledgment by Notary Public required)
Title
(SURETY SEAL)
NOTE TO SURETY COMPANY:
The following form of acknowledgment shall be used. If any other form of acknowledgment is used, there must be submitted a certified copy of unrevoked resolution of authority for the attorney-in-fact Labor and Material Payment Bond
or validity of that document.
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA
) ss.
CITY OF CORNING)
On , before me, _ a
Name of Notary Public
Notary Public in and for said State, personally appeared Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct.
WITNESS my hand and official seal
(SEAL)
Signature of Notary Public
GENERAL CONDITIONS
TABLE of CONTENTS
Article 1 - DEFINITIONS
Article 2 - PRELIMINARY MATTERS
Commencement of Time; Starting the Project
Before Starting Construction
Article 3 - CORRELATION, INTERPRETATION, AND INTENT OF
CONTRACT DOCUMENTS
Article 4 - AVAILABILITY OF LAND, PHYSICAL CONDITIONS, AND
REFERENCE POINTS
Availability of Lands
Physical Conditions
Reference Points
Article 5 - BONDS AND INSURANCE
Contractor's Liability Insurance
Builders Risk Insurance
Performance, Payment and Other Bonds
Responsibility for Damage
Article 6 - CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendent
Verified Reports
Labor, Materials and Equipment
Substitute Materials or Equipment
Subcontractors
Patent Fees and Royalties
Permits
Laws and Regulations
Taxes
Use of the Premises
Record Drawings
Safety and Protectior
Shop Drawings and Samples
leaning
ndemnification Book:
and Records
Article 7 - WORK BY OTHERS
Article 8 - CITY'S RESPONSIBILITIES
Project Manager
Disputes Resolution
Disputed Work
Claims Submission and Documentation
Decisions on Claims
Release of Undecided Claims
Exhaustion
Article 9 - ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION Visits to the Site
Clarifications and Interpretations
Rejecting Defective Work
Shop Drawings and Samples
Limitations on ENGINEER/ARCHITECT's
Responsibilities Article 10 - CHANGES IN WORK
Article 11 - CHANGE OF CONTRACT PRICE
Contract Price
Force Account Payment
Contract Change Order Form
Article 12 - CHANGE OF THE CONTRACT TIME
Contract Time
Liquidated Damages
Article 13 - WARRANTY AND GUARANTEE;
TEST AND INSPECTIONS;
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
Warranty and Guarantee
Tests and Inspections
Access to Work
Uncovering the Work City
May Stop the Work
Correction or Removal of Defective Work
One-Year Correction Period
Acceptance of Defective Work
Work Neglected by Contractor
Article 14 - PAYMENTS AND COMPLETIONS
Schedules
Application for Progress Payment
Contractor's Warranty of Title
Approval of Payments
Notice of Completion
Partial Utilization Final
Inspection
Final Application for Payment
Approval of Final Payment
Contractor's Continuing Obligation
Waiver of Claims
Price Reduction for Defective Cost or Pricing Data
Covenant Against Contingent Fees
Gratuities
Article 15 - SUSPENSION OF WORK AND TERMINATION
City May Suspend Work
City May Terminate
Article 16 - MISCELLANEOUS
Giving Notice
General
Article 17 - EQUAL OPPORTUNITY
Article 18 - STATE LAWS
ARTICLE 1 - DEFINITIONS
Whenever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof:
Agreement - The written and signed contract between the City and the General Contractor that is entitled "Agreement."
1.2 Application for Payment - The form furnished by the City to be used by the Contractor in requesting progress payment. This includes the schedule of values and an affidavit of Contractor that progress payments received on account of the work have been applied by Contractor to discharge in full all of the Contractor's obligations as reflected in prior Applications for Payment and otherwise.
1.3 ENGINEER/ARCHITECT - The person licensed by the State of California (ENGINEER/ARCHITECT or engineer) who is fully responsible for the Contract Drawings and Project Manual, Addenda and modifications.
1.4 Bid - The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the work to be performed.
1.5 Bidder - Any person, firm or corporation, licensed in the State of California, submitting a bid for the work.
1.6 Bonds - Bid, performance, and labor and material payment bonds and other instruments of security, including lien and stop-notice bonds, furnished by the Contractor and his Surety in accordance with the Contract Documents.
1.7 Calendar Day (or "Day") - A day of twenty-four hours measured from one midnight to the next midnight, Pacific time. Unless otherwise indicated, a "day" shall mean a calendar day.
1.8 Change Order - A written order, issued by the Project Manager to Contractor, signed by the Project Manager, ENGINEER/ARCHITECT and City authorizing an addition, deletion or revision in the work, or an adjustment in the contract price or the contract time.
Contract Completion Date - The date established in the Contract Documents for the completion of the construction phase of the project, namely, the Estimated Completion Date and Fixed Completion Date.
1.10 Contractor - The person, firm or corporation with whom City has executed the Agreement and who is fully responsible for the performance of the work.
1.11 Contract Documents - The Agreement, Addenda, Contractor's Bid, the Bonds, and Notice of Award, these General Conditions, Supplementary Conditions, Specifications, Plans, Drawings and Modifications. The Contract Documents form the Contract for Construction. This Contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, representations, or agreements, either written or oral. The Contract may be modified or amended only by a Modification as defined in these General Conditions.
1.12 Contract Price - The total amount stated in the Agreement as payable to Contractor for the performance of the work under the Contract Documents, including authorized adjustmentsthereto.
1.13 Contract Time - The total amount stated in the Agreement for the completion of the work.
City - City of Corning, a public entity organized and existing pursuant to the laws of the State of California and the Owner of the Project..
Drawings - The drawings and/or plans which show the character and scope of the work to be performed, and which have been prepared or approved by the ENGINEER/ARCHITECT and are referred to in the Contract Documents.
1.16 Field Order - A written order issued by the Project Manager which clarifies or interprets the Contract Documents in accordance with paragraph 9.2, or orders minor changes in the work in accordance with paragraph 11.3.
1.17 Furnish - To "supply and deliver to the Project site, ready for unloading, unpacking, assembly, installation, and similar operations."
1.18 General Conditions - That part of the Contract Documents which sets forth many of the rights, responsibilities and relationships of the parties involved or of the contract.
1.19 General Requirements - The General Requirements are contained in Division 1 of the Specifications in these Contract Documents. The General Requirements are the administrative functions which the Contractor is bound to perform by the Contract.
1.20 Inspector - An authorized representative of the City of Corning who is assigned to make a detailed inspection of any or all portions of the work or materials thereof.
1.21 Install - Describes operations at project site including the actual "unloading, unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations."
1.22 Instructions to Bidders - That part of the Bidding Requirements which contain the format of the bid, and the availability of the Contract Documents.
1.23 Notice of Award - The written notification to the Contractor, from the Owner, of the Owner's intent to execute the Contract.
Notice to Bidders - A notice contained in the Bidding Requirements informing prospective bidders of the opportunity to submit bids on a project and setting forth the procedures for doing so.
1.25 Notice to Proceed - The written notice given by the City to Contractor fixing the date on which Contractor shall start to perform his obligations under the Contract Documents.
1.26 O.P.C.I. - Owner purchased/Contractor receives, stores, and installs.
1.27 Per - In accordance with or in compliance with.
1.28 Progress Payment - Payment for work completed by measuring the work in place and applying the percentage complete of the measured amount to a previously agreed unit cost to determine the total payment.
1.29 Project - The entire work to be performed as provided in the Contract Documents.
1.30 Project Manager - The authorized representative of City of Corning.
Project Manual - A part of the Contract Documents containing Introductory Information, Bidding Requirements, Contracting Requirements, Specifications, and Opening and Room Finish Schedules bound in one or more volumes.
1.32 Project Work Schedule - A diagram showing proposed times of starting and completing various elements of the work.
1.33 Provide - "To furnish and install, complete and ready for the intended use."
1.34 Punch List - A list, made near the completion of work, indicating items to be furnished or work to be performed by the Contractor or Subcontractor in order to complete the work as specified in the Contract Documents.
1.35 Schedule of Values - A statement furnished by the Contractor to the Project Manager reflecting the portions of the contract sum allotted for the various parts of the work.
1.36 Shop Drawings - All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the Contractor, a subcontractor, manufacturer, supplier or distributor and which illustrate in detail the equipment, material or some portion of the work.
1.37 Specifications - The portion of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the work.
1.38 Subcontractor - An individual, firm or corporation having a direct contract with the Contractor, or with any other subcontractor, for the performance of a part of the work.
1.39 Substantial Completion, Date of - The date as certified by the City in a Notice of Completion pursuant to paragraph 14.8 of these General Conditions.
1.40 Work - The completed construction in the manner required by the Contract Documents. This includes without limitation all labor, services, and supervision necessary or appropriate to produce such construction, all materials, supplies and equipment incorporated or to be incorporated in such construction, and all obligations, duties and responsibilities with respect to such construction set forth in the Contract Documents.
1.41 Working Day - Any day not a legal holiday, Saturday or Sunday.
ARTICLE 2 - PRELIMINARY MATTERS
2.1 Execution of Agreement:
2.1.1 The Agreement and such other Contract Documents as designated by the City, shall be executed in three counterparts and delivered by the Contractor to the City within fifteen (15) days of the Notice of Award. City will execute and deliver one counterpart to Contractor within ten (10) days of receipt of the executed Agreement from Contractor.
2.2 Delivery of Bonds:
2.2. 1Prior to execution of the Agreements by the Contractor, Contractor shall deliver to City such Bonds as he is required to furnish in accordance with the Contract Documents.
2.3 Copies of Documents
2.3. 1 City shall furnish to Contractor 5 copies of the Contract Documents for the execution of the work. Additional copies will be furnished at cost of reproduction upon request.
2.4 Contractor's Pre-Start Representations:
2.4.1 Contractor represents that he has familiarized himself with, and assumes full responsibility for having familiarized himself with, the nature and extent of the Contract Documents, work, locality and with all local conditions including federal, state and local laws, ordinances, rules and regulations that may in any manner affect performance of the work, and represents that he has correlated his study and observations with the requirements of the Contract Documents.
2.4.2 Contractor also represents that he has familiarized himself with all surveys and investigation reports of surface and latent physical and that he has correlated the results of all such data with the requirements of the Contract Documents.
2.5 Commencement of Time; Starting the Project
2.5. 1 The contract time will commence on the date fixed by the Notice to Proceed. The Contractor shall start to perform the work under the Contract Documents on or before the tenth working day after the date assigned in the Notice to Proceed.
2.5.2 The provisions set forth in Section VI of the Agreement are incorporated by reference as if fully set forth herein.
2.6 Before Starting Construction:
2.6.1 The Contractor shall carefully study and compare the Contract Documents; check and verify pertinent figures shown thereon; and verify all applicable field measurements prior to undertaking each part of the work. He shall at once report in writing to the Project Manager any conflict, error or discrepancy which he may discover. Contractor shall be responsible for exercising reasonable care and skill in reviewing the Contract Documents to determine whether there is any conflict, error or discrepancy therein, and shall be responsible for notifying the Project Manager. No claim for additional compensation shall be made by the Contractor for extra work created by Contract Document conflicts, errors or discrepancies which a reasonable Contractor would have discovered prior to commencing work.
2.6.2 Contractor shall submit the required Schedule of Values and activity cost information in accordance with the General Requirements of these specifications.
2.6.3 The Contractor shall furnish the City all certificates of insurance required by the Contract Documents after the "Notice of Conditional Award" and prior to the "Notice to Proceed," in types and amounts set forth in Article 5.
ARTICLE 3 - CORRELATION, INTERPRETATION, AND INTENT OF CONTRACT DOCUMENTS
3.1 It is the intent of the Contract Documents to describe a complete project to be constructed. As stated in paragraph 1.11, the Contract Documents comprise the entire contract between City and Contractor. They may be altered only by a Modification, as defined in paragraph 1.11.
3.2 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Work not specifically covered in the Contract Documents shall nonetheless be required if it is consistent therewith and is reasonably inferable therefrom as being necessary or appropriate to produce the intended results. Should the Contractor discover a conflict, error, or discrepancy in the Contract Documents, he (she) shall immediately call it to the attention of the City in writing before proceeding with the work affected. Contractor agrees that proceeding with work without first giving such notice shall constitute a waiver by Contractor of any claim for additional time or money. Where there is a conflict, the Contract Documents, Specifications shall govern over the drawings; figure dimensions and drawings shall govern over scale drawings. Words and abbreviations that have technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings.
ARTICLE 4 - AVAILABILITY OF LANDS, PHYSICAL CONDITIONS, AND REFERENCE POINTS
4.1 Availability of Lands:
4.1. 1City shall furnish the lands upon which the work is to be done, right-of-way for access thereto, and other such lands which are designated in the Contract Documents for the use of the Contractor.
Contractor shall provide all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.
4.2 Physical Conditions:
4.2.1 The Contractor shall immediately, and before any such conditions are disturbed, notify the Project Manager in writing of subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents; or unknown and unforeseen physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. The Project Manager shall promptly investigate the conditions, and if he finds that such conditions do materially so differ to cause an increase or decrease in the time required for performance of the work, an appropriate adjustment in Contract Time may be made in accordance with Article 12 of these General Conditions. The Contract Documents may be modified by Change Order accordingly. In no event shall Contractor be entitled to increased compensation for such differing conditions, unless provided for in such Change Order.
4.2.2 No increase of time under paragraph 4.2 shall be allowed unless the Contractor shall have given the written notice described in paragraph 4.2.1 not later than 24 hours after such conditions are discovered, and before such conditions are disturbed. Contractor shall not proceed with the work affected by such conditions until directed in writing by Project Manager. Furthermore, no increase shall be given unless it is shown that Contractor's own investigation was done competently and did not disclose the error or condition. Failure of Contractor to give written notice and providing an opportunity for the Project Manager to investigate shall constitute a waiver by Contractor of any claim for additional time or money.
4.2.3 Groundwater, in whatever amount or condition, shall be deemed usual and ordinarily encountered and generally recognized as inherent in the work of the character provided for in the
Contract Documents. Dewatering is the responsibility of the Contractor. No claim for a Modification of Contract time or price will be allowed for such conditions.
4.3 Reference Points:
4.3.1 City shall provide engineering reference points as shown on the plans for construction.
Contractor shall be responsible for surveying and laying out work unless otherwise provided in the Contract Documents, and shall protect and preserve the established reference points and shall not change or relocate them without the prior written approval of Project Manager. Contractor shall report to Project Manager whenever any reference point is lost or destroyed or requires relocatior because of changes in grades or locations. The cost of replacing and accurately relocating al reference points so lost, destroyed or moved shall be borne by the Contractor.
ARTICLE 5 - BONDS AND INSURANCE
5.1 Contractor's Liability Insurance
5.1.1 Contractor shall obtain and maintain continuously comprehensive general liability insurance and/or other insurance necessary to protect the public with limits of liability of not less than $1,000,000 combined single limit bodily injury and property damage per occurrence with a $1,000,000 combined single limit annual aggregate with appropriate coverage endorsements to include broad-form contractual, broad property damage, contractor's protective, product/completed operations, auto and non-owned auto, personal injury, and fire-legal liability where applicable. The general aggregate limit shall apply separately to this project, or Contractor shall provide insurance with a general aggregate limit of $2,000,000.
5.1.2 The Contractor, upon notification of receipt by the City of any cancellation notice shall file with the City a replacement certificate with another insurance company meeting the financial requirements of the City and the coverage requirements. Failure to maintain any of the above required insurance shall require the immediate discontinuation of work until replacement insurance is furnished to the City. All payments due or that become due will be withheld until notice of replacement is received. Any failure to maintain insurance will be sufficient cause for termination of the contract.
5.1.3 Automobile Liability Insurance: Contractor shall carry Bodily injury and Property Damage liability including coverage for owned, hired and non-owned automobiles. The limits of liability shall be not less than $1,000,000 Bodily Injury, $300,000 Property Damage or $1,000,000 Combined Single Limit Bodily Injury and Property Damage
5.1.4 As evidence of the insurance required by this agreement, certificates of workers compensation, general liability and automobile liability shall be furnished to the City before any work is commenced by the Contractor.
5.1.5 General Liability and Automobile Liability insurance shall include "City of Corning, its elected officials, officers, and employees as an additional insured", and shall not be reduced or canceled without 30 days written prior-notice certain to the City. Contractor shall provide the City a certificate of insurance and an additional insured endorsement as evidence of insurance protection provided which lists "City of Corning" as the certificate holder. Insurance certificates provided by any insurance company or underwriter shall not contain the language "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company", or similar language. If Contractor has employees, he/she shall obtain and maintain continuously workers' compensation insurance to cover Contractor and Contractor's employees and partners. • Contractor shall require and verify that all subcontractors of any tier maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that "City of Corning, its elected officials, officers, and employees" is an additional insured on insurance required from subcontractors; provided, however, that the minimum limit by subcontractors for general aggregate under their comprehensive general liability shall be $2,000,000 on all subcontracts other than major subcontracts and $3,000,000 on major subcontracts (subcontracts in excess of $1,000,000 and
such other subcontracts identified in the Contract Documents as "major subcontracts"). Contractor shall maintain certificates of insurance from all subcontractors demonstrating compliance with the requirements of this section and make them available to the City upon request.
5.2 Builders Risk Insurance
5.2.1 The Contractor will not be required to obtain Builder's Risk Insurance. The Contractor will be responsible for building materials not installed and for the Contractor's tools, other equipment or supplies. The Contractor shall also be required to protect the construction project as stipulated elsewhere in this contract.
5.3 Performance, Payment, and Other Bonds
5.3.1 Prior to the commencement of any work, Contractor shall furnish performance and payment bonds as security for the faithful performance and payment of all Contractors' obligations under the contract documents. These bonds shall be in amounts at least equal to the contract price and in a form satistactory to City. Surety company providing said bonds shall have a Best financial rating of at least A-: VII and be licensed in the State of California.
5.3.2 If at any time the Surety on any bond furnished by Contractor is adjudicated bankrupt, commences any proceeding under the Bankruptcy law of the United States, becomes insolvent, makes a general assignment for the benefit of creditors or has its right to do business terminated in California, or for any other reason is unable or unwilling to continue in business, Contractor shall within five calendar days thereafter substitute another bond in a Surety who meets the City's financial rating requirement.
5.4 Responsibility for Damage:
5.4.1 Approval of the Contractor's insurance by the Owner shall not decrease the extent to which the Contractor or any subcontractor may be held responsible for payment of any and all damages resulting from Contractor's operations.
5.4.2 The Contractor shall assume the defense of and indemnity and save harmless City of Corning, its elected officials, officers and employees, as well as the Project Manager, ENGINEER/ARCHITECT and the officers, agents and employees of each of them, from any and all loss, liability or damage including attorney's fees and from all suits, actions, damages or claims of every nature and description to which they may be subjected or put by reasons of injury to persons or property arising out of, in connection with, or incident to the execution of the work or resulting from the active or passive negligence or carelessness on the part of the Contractor, Contractor's employees or agents in the delivery of materials and supplies by its employees or agents, including any failure to fulfill the terms of all laws and regulations which apply to this Contract together with any infringement or alleged infringement of the patent rights of any person or persons, firm or corporation in consequence of the use in or about the said work of any article or materials; and the City shall have the right to estimate the amount of such damage and to cause the Contractor to pay same, and the amount to be paid for such damage shall be deducted from the money due to the Contractor under this Contract; or the whole or so much of the money due or to become due to the Contractor under this Contract, as may be considered necessary by the City, shall be retained by the City until such suits or claims for damages shall have been settled or otherwise disposed of and satisfactory evidence to that effect furnished to the City. Contractor shall assume the defense of and indemnity and save harmless City of Corning, its elected officials, officers and employees, as well as the ENGINEER/ARCHITECT, Project Manager and the officers, agents and employees of each of them in respect to any mechanics lien, foreclosure actions filed by any subcontractor or material man relative to the construction.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6.1 Supervision and Superintendent:
6.1.1 Contractor shall supervise and direct the work effectively, efficiently and with his best skill and attention. He shall have sole responsibility for the means, methods, techniques, sequences,
procedures of construction, and for coordinating all portions of his work under the Contract Documents. Contractor shall be responsible for the finished work complying accurately with the Contract Documents.
6.1.2 The Contractor shall designate in writing, before starting work, the name, qualifications and experience of his proposed representative who must be approved by the Project Manager. Said representative shall have authority to represent and to act for the Contractor. Said authorized representative shall be present at the site of work at all times while work is in progress.
Arrangements for responsible supervision, acceptable to Project Manager, shall be made for emergency workrequired during periods when work is suspended.
6.1.3 The Contractor shall notify the Project Manager, in writing, when he desires to change his representative. He shall provide all necessary information regarding his new representative when submitting request for approval. Any substitute representative shall require the approval of the Project Manager, which may not be unreasonably withheld.
6.1.4 In emergencies when the Contractor or his authorized representative is not present on any particular part of the work, directions will be given by the Project Manager and obeyed by the superintendent or foreman in charge of the particular work. Such directions will be confirmed in writing to the Contractor's authorized representative.
6.1.5 The Contractor shall identify, in writing, the individuals who are authorized to sign Change Orders to the Contract.
6.1.6 The Contractor shall remove his representative from the work and propose a substitute if Project Manager reasonably concludes that such representative is unable or unwilling to properly supervise the work in such a manner as to ensure its timely and successful completion in accordance with Contract Documents.
6.1.7 The Contractor shall maintain daily job site activity logs which record: location and number of all manpower on the site by his own and subcontractors' forces; all work being performed and whether such work is part of the base contract or change order; all work being performed and whether such work is part of the base contract or change order; all construction equipment in use, and not in use, and reasons why not in use; weather and site conditions; and delays or obstructions to the work. The Contractor shall sign the log representing that the information contained therein is true, accurate and complete.
6.2 Verified Reports
6.2.1 The Contractor shall completely fill out, sign and date the appropriate Verified Reports, as required by Sections 4-214, 4-240 and 4-249 of Title 24, Part I, California Code of Regulations.
Copies of these reports shall be sent to the City.
6.3 Labor, Materials and Equipment
6.3.1 Contractor shall provide competent, suitable qualified personnel to survey and lay out the work and perform construction as required by the Contract Documents. Contractor shall at all times enforce strict discipline and good order on the project. He shall not employ on the work any unfit person or anyone not skilled in the task assigned to him.
6.3.2 Contractor shall furnish all materials, equipment, labor, transportation, and machinery, tools, appliances, other facilities and incidentals necessary for the execution, testing, initial operation and completion of work.
6.3.3 All materials and equipment incorporated in the work shall be new, except as otherwise provided in the Contract Documents. If required by ENGINEER/ARCHITECT or Project Manager, Contractor shall furnish satisfactory evidence as to the kind, quality, source and purchase of materials and equipment.
6.3.4 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instruction of the applicable manufacturer, fabricator or
processors.
6.4 Substitute Materials or Equipment:
6.4.1 The Specifications may permit Contractor to furnish or use a substitute that is equal to any material or equipment specified. Unless otherwise expressly provided in the Specifications, in accordance with Public Contract Code section 3400, whenever the contract documents refer to a named manufacturer or named product, the named manufacturer or named product shall be deemed to be followed by the words "or equal" so that bidders may furnish any equal material, product, thing, or service in accordance with the procedures set forth herein. If the Contractor wishes to furnish or use a proposed substitute, he shall, promptly and within 5 days of the Notice to Proceed, make written
application to the ENGINEER/ARCHITECT for approval of such substitute, certifying and warranting in writing that the proposed substitute will perform the functions called for by the Contract Documents, be of the same quality as that specified and be suited to the same use. Contractor shall state whether or not its incorporation in or use in connection with the project is subject to payment of any license fee or royalty and also shall identify all variations of the proposed substitute from that specified and indicate available maintenance service. No substitute shall be ordered or installed without the written approval of the ENGINEER/ARCHITECT whose decision as to substitutions shall be final and conclusive. ENGINEER/ARCHITECT may require Contractor to furnish other such data about the proposed substitute that ENGINEER/ARCHITECT considers pertinent.
6.4.2 No substitution shall be ordered or installed without such supplemental performance guarantee and bonds as City may require, all of which shall be furnished at Contractor's expense.
Contractor shall be responsible for determining the required delivery date for incorporation into the work and shall certify that this date has been confirmed with the supplier of the substituted item.
6.5 Subcontractors:
6.5.1 Contractor shall investigate and assure himself and the City of the experience and skill of all subcontractors performing work specified by the Contract Documents as well as the financial stability of such subcontractors. Contractor shall not recommend any subcontractor or other person or firm, whether initially or as a substitution against whom City, at City's sole discretion, may have reasonable objection. If City who has no duty to investigate, but has the right to do so, after due investigation, has a reasonable objection to any subcontractor, supplier or material man proposed by Contractor, Contractor shall propose an acceptable substitute.
6.5.2 Contractor shall be fully responsible for all acts and omissions of his subcontractors, and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that he is responsible for the acts and omissions of persons directly employed by him. Nothing in the Contract Documents shall create any contractual relationship between the City, Project Manager or ENGINEER/ARCHITECT and any subcontractor, or other person or organization having a direct contact with the Contractor, nor shall it create any obligation on the part of City, Project Manager or ENGINEER/ARCHITECT to pay or see to the payment of any monies due any subcontractor or other persons or organizations.
6.5.3 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the Contractor in dividing the work among subcontractors or delineating the work to be performed by any specific trade. Neither the ENGINEER/ARCHITECT, nor Project Manager, nor City will act as arbiter to determine subcontract limits.
6.5.4 Contractor agrees to bind specifically every subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the City including, but not limited to, all time and notification requirements.
6.5.5 All work performed for Contractor by a subcontractor shall be pursuant to an appropriate agreement between Contractor and subcontractor which shall contain provisions for the waiver of all rights the contracting parties may have against one another for damages caused by fire or other
perils covered by insurance. Contractor shall pay each subcontractor a just share of any such insurance moneys received by Contractor.
6.6 Patent Fees and Royalties
6.6.1 Contractor shall pay license fees and royalties and assume all costs incident to the use, in the performance of the work, of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, device or product is specified in the Contract Documents for use in the performance of the work, and to the actual knowledge of City and ENGINEER/ARCHITECT its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Contractor shall indemnify and hold harmless City, Project Manager, their employees, officers and agents, and ENGINEER/ARCHITECT, his consultants, and anyone directly or indirectly employed by either of them from and against consultants' and other experts' fees and expenses arising out of any infringement of patent rights incident to the use in the performance of the work or resulting from the incorporation in the work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with alleged infringement of such rights.
6.7 Permits & Utility Costs
6.7.1 Permits: Contractor shall be responsible to obtain all building permits, construction permits, fugitive dust permits, fees and licenses necessary for the prosecution of the work. The City will make payment of permit fees directly to the permitting agency. The Contractor shall be responsible for all delays in obtaining all permits, licenses, and utility connection agreements. No delay claim may be made by Contractor for any delay in obtaining any permit, license or utility connection agreement.
6.7.2 Utility Costs: Contractor shall be permitted reasonable use of the existing utilities available at the project site without charge. In the event that any additional temporary utilities are necessary, Contractor shall be responsible for obtaining and paying for such temporary utilities at Contractor's expense.
6.8 Laws and Regulations:
6.8.1 Contractor shall give notices and comply with all laws, ordinances, rules and regulations applicable to the work. Contractor shall use reasonable care and skill in determining whether or not the Specifications or Drawings are at variance therewith, and, if he observes such variance, he shall give the Project Manager and ENGINEER/ARCHITECT prompt written notice thereof. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Project Manager and ENGINEER/ARCHITECT, he shall bear all costs arising therefrom.
6.9 Taxes:
6.9.1 Contractor shall pay all sales, consumer use and other similar taxes required to be paid by him in accordance with the law of the place where the work is to be performed.
6.10 Use of the Premises:
6.10.1 Contractor shall confine his equipment, the storage of materials and equipment and the operations of his workmen to areas permitted by law, ordinance, permits or the requirements of the City and of the Contract Documents, and shall not unreasonably encumber the premises with materials or equipment.
6.10.2 Contractor shall not load nor permit any part of any structure to be loaded with weight that will endanger the structure, nor shall he subject any part of the work to stresses or pressure that will endanger it.
6.11 Record Drawings:
Contractor shall keep one current record copy of all Specifications, Drawings, Addenda, Modifications, and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. These shall be available to the ENGINEER/ARCHITECT and Project Manager at all times, and shall be reviewed monthly concurrent with the Progress Payment Request. Upon completion of the project the Contractor shall deliver the record documents to the Project Manager for review and approval. These record documents shall be prepared in accordance with Section 01720 of the Specifications.
6.12 Safety and Protection:
6.12.1 Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. He shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss:
6.12.1.1 All employees on the work and other persons who may be affected thereby:
6.12.1.2 All the work and all materials or equipment to be incorporated therein, whether in storage on or off the site; and
6.12.1.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, pavements, roadway, structures and utilities not designated for removal, relocation or replacement in the course of construction.
6.12.1.4 The Contractor represents that he has read and is thoroughly familiar with the California State Occupational Safety and Health Act, and regulations for construction promulgated thereunder, and agrees to comply with the Act and all such regulations applicable to the performance of the work. The Contractor accepts the duty of enforcing those regulations by federal, state or City Safety and Health Inspectors at the Contractor's work place at the job site or any area within the limits of construction and of the outcome of any such inspections. Contractor assumes exclusive responsibility for, and agrees to defend, indemnify and hold harmless Cit of Corning, Project Manager, ENGINEER/ARCHITECT, and their elected officials, officers, agents, employees, consultants and representatives against all consequences of any violations of those regulations by the Contractor, including the payment of any fine, penalty and interest assessed in connection therewith, any court costs, undertakings, interest, and attorneys', accountants' consultants' and experts' expenses and fees incurred by the City.
6.12.2 Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for its safety and protection. He shall notify owners of adjacent utilities when prosecution of the work might affect them. All damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by Contractor, and/or subcontractor, or anyone employed by them shall be remedied by Contractor at his own expense. Contractor's duties continue until such time as all the work is completed and Project Manager has issued a notice in accordance with paragraph 14.9 that work is acceptable.
6.12.3 Contractor shall designate a responsible member of his organization, at the site, satisfactory to the Project Manager, whose duty shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Project Manager.
6.13 Shop Drawings, Product Data, and Samples:
6.13.1 Shop drawings, product data, and/or samples are required by the Specifications for certain portions of the work. These shall be submitted according to a schedule of submittals to be accepted by the Project Manager and ENGINEER/ARCHITECT. Where a shop drawing, product data, or sample submittal is required by the Specifications, no related work shall be commenced until the submittal has been reviewed by the ENGINEER/ARCHITECT. A copy of each reviewed shop drawing and each approved sample shall be kept in good order by Contractor at the site and shall be available to the Project Manager, ENGINEER/ARCHITECT and Inspector.
6.13.2 The Contractor may submit a request for substitutions. The Contractor shall propose for approval all samples as specified or directed by the ENGINEER/ARCHITECT. The provisions of subparagraph 6.4 shall apply in such case.
6.13.3 Contractor shall check and verify all field measurements and submit shop or setting coordination drawings in 1/4"=1'O" scale to verify clearances for various trades, and schedules required for the work of the various trades, with such promptness as to cause no delay to the work.
6.13.4 Samples: Unless otherwise specified, submit samples in triplicate and of adequate size to show the quality, type and finish. Label each sample with the manufacturer's name, material name and quality, the Contractor's name, the project name and other pertinent data. Submit, with samples in triplicate a transmittal letter requesting approval. Prepay transportation charges to the ENGINEER/ARCHITECT's office on samples forwarded.
6.13.5 Contractor shall not order materials until receipt of written approval of shop drawings, product data, and samples.
6.13.6 Project Manager's or ENGINEER/ARCHITECT's review of shop drawings and samples shall not relieve Contractor from his responsibility for any deviation from the requirements of the Contract Documents. Nor shall any action by ENGINEER/ARCHITECT relieve Contractor from any responsibility for errors or omissions in the shop drawings.
6.14 Cleaning:
6.14.1 Contractor shall keep the premises free from accumulations of waste materials, rubbish and other debris resuiting from the work, and at the completion of the work he shall remove all waste materials, rubbish and debris from and about the premises, as well as all tools, construction equipment and machinery, and surplus materials. He shall leave the site clean and ready for occupancy by City. Contractor shall restore to original condition those portions of the site not designated for alteration by the Contract Documents.
6.15 Indemnification:
6.15.1 Contractor shall indemnify and hold harmless to the fullest extent permitted by law, City of Corning, ENGINEER/ARCHITECT, Project Manager and their elected officials, officers, consultants, agents and employees, from and against all claims, damages, losses and expenses, including attorneys', accountants', consultants', and experts' fees and expenses, arising out of or resulting from the performance of the work attributable to bodily injury, sickness or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom, and caused in whole or in part by any negligent or other act or omission of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether indemnification shall extend to claims, demands, or liability for injuries occurring after completion of the project as well as during the work's progress. Such obligation shall not be construed to negate, abridge or otherwise reduce any other obligation of indemnity which otherwise exists under the Contract Documents or at law as to any party or person described in this paragraph or otherwise.
6.15.2 In any and all claims against City of Corning, ENGINEER/ARCHITECT, Project Manager, their elected officials, officers, employees, consultants or agents by an employee of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under subparagraph 6. 15.1 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Contractor or any subcontractor under workmen's compensation acts, disability acts or other employee benefit acts.
6.16 Books and Records:
6.16.1 Contractor shall maintain books, records, documents and other evidence pertinent to the work in accordance with generally accepted accounting principles and practices. Such books, records, documents and other evidence shall be maintained for at least three years after the date
of completion of the project. Access to the aforementioned books, records, documents and other evidence shall be available to the City or the Board, or any authorized representative of either, during the course of construction and for at least three years after completion of the project. Suitable facilities shall be provided for said access, and for the inspection and copying thereof.
ARTICLE 7 - WORK BY OTHERS
City may perform additional work related to the project or it may award other direct contracts therefore. Contractor shall afford the other persons or contractors who are parties to such direct contracts reasonable opportunity for the storage of materials and equipment and the execution of work. He shall properly connect and coordinate his work with theirs. No claim for time extension will be made by the Contractor due to any alleged problems or difficulties suffered due to work performed by others unless written notice within twenty-four hours of the commencement of said alleged delaying activities is given to the City.
If any part of Contractor's work depends, for proper execution or results, upon the work of any other such person or contractor, Contractor shall inspect and promptly report to Project Manager and ENGINEER/ARCHITECT in writing any defects or deficiencies in such work that render it unsuitable for such proper execution and results. His failure so to report shall constitute an acceptance of the other work as fit and proper for the relationship of his work, except as to defects and deficiencies which may appear in the other work after the execution of his work.
7.3 Contractor shall do all cutting, fitting, and patching of his work that may be required to make the several parts come together properly and fit to receive or be received by such other work.
Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work, and will only cut or alter their work with the written consent of the City and of the other contractors whose work will be affected.
7.4 If the performance of additional work by other persons or contractors is not noted in the Contract Documents prior to the execution of the Agreement, written notice thereof shall be given to Contractor prior to starting any such additional work.
ARTICLE 8 - CITY'S RESPONSIBILITIES
8.1 Communications: City will forward all instructions and decisions to Contractor through the Project Manager.
8.2 Right to Stop Work: The City has the right to stop or suspend work, and to award otherwork.
8.3 Project Manager
8.3.1 The City will designate a Project Manager and assistants to enable it to carry out its responsibilities at the site. The Project Manager is the City's agent and shall act as directed by and under the supervision of the City Administrator.
8.3.2 The Project Manager will be the City's sole authorized representative for the project. All correspondence to ENGINEER/ARCHITECT from Contractor will be copied to the Project Manager.
8.4 Disputes Resolution
8.4.1 A dispute, or claim, or other matter in question arising out of or relating to the Contract Documents which is not disposed of by agreement shall be decided by the Project Manager promptly and in writing as provided in the Contract Documents. The decision of the Project Manager shall be final and conclusive on the Contractor unless, within 5 days from the receipt of such decision. Contractor submits to Project Manager a written claims submission and documentation as defined in paragraph 8.6 below.
8.5 Disputed Work
8.5.1 Should Contractor object to any decision, order, directive, notice, action, or omission of Project Manager, Contractor may, within 5 days after receipt or occurrence of the same, or before commencing with the disputed work, whichever occurs first, furnish to Project Manager a written
notice stating such objections.
8.5.2 Contractor shall furnish to Project Manager, beginning with the first day and at the end of each day detailed hourly records for labor, construction equipment, and services; and itemized records of materials and equipment used that day in performance of the disputed work. Such records shall be of a form approved by Project Manager. Such records shall be signed by Contractor and verified by Project Manager.
8.5.3 Failure by Contractor to furnish such written notice and records specified in 8.5.1 and 8.5.2 shall constitute a waiver of Contractor's right to furnish a claim for the disputed work.
8.6 Claims Submission and Documentation
8.6.1 Contractor may furnish a claim concerning a matter noticed in accordance with 8.5 to City of Corning Administrative Office, 727 Oak Street, Red Bluff CA 96080.
8.6.2 Contractor shall furnish 3 certified copies of claim documentation. The claim documentation shall be complete when furnished. The evaluation of the Contractor's claim will be based on City's records and the Contractor's furnished claim documentation.
8.6.3 Claim documentation shall conform to generally accepted auditing standards and shall be in the following format:
1. General Introduction
2. General Background
3. Issues
a) Index of Issues
b) For each Issue
1) Background
2) Chronology
3) Contractor's Position (reason for City's potential liability) 4) Supporting Documentation of Merit
5) Supporting Documentation of Damages
4. Critical Path Method Schedules, As-Planned and As-Built
5. Productivity Exhibits
6. Summary of Issues and Damages
8.6.4 Supporting documentation of merit for each issue shall be cited by reference, photocopied, or explained. Supporting documentation may include, but not be limited to general conditions, technical specifications, drawings, correspondence, conference notes, shop drawing, survey books, inspection reports, delivery schedules, test reports, daily reports, subcontracts, fragmentary critical path method schedules, photographs, technical reports, requests for information, field instructions, and other related records.
8.6.5 Supporting documentation of damages for each issue shall be cited, photocopied, or explained. Supporting documentation may include but not be limited to certified detailed labor, materials, equipment, and construction equipment and services costs; purchase orders; invoices; project as- planned and as-built costs; subcontractor payment releases; quantity reports; other related records; general ledger and any other accounting materials.
8.6.6 Each copy of claim documentation shall include the following certification:
I certify under penalty of perjury, according to the laws of the State of California that this claim is made in good faith, that the supporting documentation is accurate and complete to the best of my knowledge and belief; and that the amount requested accurately reflects the contract adjustments for which City is responsible.
2. Certification shall be signed in the same manner as the proposal was signed.
8.6.7 Should Contractor be unable to support any part of the claim and it is determined that such inability is attributable to falsity of such certification or misrepresentation of fact or fraud on the part
of Contractor, Contractor shall be liable to City for three times the amount of damages which the City sustains, plus the cost of civil action and may be liable to the City for a civil penalty of up to ten thousand dollars for each false claim.
8.7 Decisions on Claims
8.7.1 Claims of Contractor arising under and by virtue of the contract will be decided by the City Steering Committee consisting of the City Administrator, City Counsel, the ENGINEER/ARCHITECT and the Project Manager who will furnish the decisions to Contractor in writing.
8.8 Release of Undecided Claims
8.8.1 Undecided claims furnished to City Steering Committee before execution of the final release of claims provided in 8.6 and not excepted therefrom shall be deemed released by Contractor upon execution of such release and will not be further considered by City.
8.9 Exhaustion
8.9.1 Contractor must exhaust all remedies and comply with all dispute resolution procedures set forth in paragraph 8.4 prior to filing suit which names the City, ENGINEER/ARCHITECT, Project Manager or any officer, employee, agent or affiliate thereof.
ARTICLE 9 - ENGINEER/ARCHITECT'S STATUS DURING CONSTRUCTION
9.1 Visits to Site:
9.1.1 Progress and quality of the executed work and to determine if the work is proceeding in accordance with the Contract Documents. However, the ENGINEER/ARCHITECT will not be required to make exhaustive or continuous on-site observations to check quality or quantity of the work. On the basis of on site observations as an ENGINEER/ARCHITECT, the ENGINEER/ARCHITECT will keep the Project Manager informed of progress of the work, and will endeavor to guard the City against defects and deficiencies in the work.
9.1.2 ENGINEER/ARCHITECT and his representatives will have access to the work at all times for the observation of the building operations, including the right to accept or reject materials and/or workmanship. The ENGINEER/ARCHITECT and his representatives shall perform their duties in accordance with Section 4-213 and 4-217, Title 24, California Code and Regulations.
9.2 In cases of emergency the ENGINEER/ARCHITECT may give directions to the Contractor, his authorized representative, or if neither are available, to the superintendent or foreman in charge of the particular work concerning which directions are given. Such directions will be confirmed in writing by the Project Manager. Clarifications and Interpretations:
9.2.1 ENGINEER/ARCHITECT will issue with reasonable promptness through the Project Manager such written Field Orders, which will clarify or interpret the design intent of the Contract Documents as he may determine to be necessary. These Field Orders shall not entitle Contractor to any adjustment to the contract price or time.
9.3 Rejecting Defective Work:
9.3.1 ENGINEER/ARCHITECT and/or the Project Manager will have authority to disapprove or reject work which is "defective" (which term includes without limitation work that is unsatisfactory, taulty, does not conform to the requirements of the Contract Documents, does not meet the requirements of any inspection, test or approval referred to in paragraph 13.2, or has been damaged prior to approval of final payment). He will also have authority to recommend to the Project Manager that he require special inspection or testing of the work as provided in paragraph 13.4, whether or not the work is fabricated, installed or completed.
9.4 Shop Drawings and Samples:
9.4.1 The ENGINEER/ARCHITECT is responsible for the review of samples. (See paragraph
6.13)
9.4.2 The Contractor shall submit for review, with reasonable promptness, all samples as specified or directed by the ENGINEER/ARCHITECT. The ENGINEER/ARCHITECT shall review samples, with reasonable promptness, only for conformance with the design concept of the project and for compliance with information given in the Contract Documents. The work shall be in accordance with reviewed samples.
9.5 Shop Drawings
9.5.1 The ENGINEER/ARCHITECT shall review, with reasonable promptness, schedules and drawings for conformance with the design concept of the project and compliance with the Contract Documents. The ENGINEER/ARCHITECT's review of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from Drawings and Specifications, nor shall it relieve him from responsibility for errors in shop drawings or schedules.
9.5.2 ENGINEER/ARCHITECT shall be permitted a reasonable time to review such drawings and no claim for time extension or damages will be allowed for this time.
9.5.3 Satisfactory shop drawings shall be so identified by ENGINEER/ARCHITECT, dated, and a reproducible copy returned to the Contractor.
9.5.4 Should shop drawings be rejected, one reproducible copy set will be returned to the Contractor with indicated corrections and changes to be made. After making such corrections and changes, Contractor shall resubmit shop drawings, in numbers of copies required, until approval is obtained. Any corrections or changes indicated on the shop drawings shall not be considered as an extra work order.
9.6 ENGINEER/ARCHITECT will be the interpreter of the design and technical requirements of the Contract Documents and the compliance by the Contractor therewith. Neither the Project Manager, ENGINEER/ARCHITECT, nor City will be liable to the Contractor for the result of any interpretation or decision rendered in good faith. Disputes with respect to interpretations will be processed and resolved as provided for in paragraph 8.4.
9.6.1 Limitations on ENGINEER/ARCHITECT's Responsibilities Neither ENGINEER/ARCHITECT's authority to act under this Article 9 or elsewhere in the Contract Documents, nor any finding or decision made by him in good faith, shall give rise to any duty or responsibility of ENGINEER/ARCHITECT to Contractor, any subcontractor, any material man, fabricator, supplier or any of their agents or employees or any other person performing any of the work.
9.6.2 ENGINEER/ARCHITECT will not be responsible for Contractor's means, methods, techniques, sequences, division and allocation of the work or procedures of construction, or the satety precautions and programs incident thereto, and he will not be responsible for Contractor's failure to perform the work in accordance with the Contract Documents.
9.6.3 ENGINEER/ARCHITECT will not be responsible for the acts or omissions of Contractor, or any subcontractors, or any of his or their agents or employees, or any other persons at the site or otherwise performing any of the work.
9.6.4 Nothing in these General Conditions or in the Contract Documents shall be deemed to establish a contractual relationship, direct or otherwise, between ENGINEER/ARCHITECT and Contractor.
ARTICLE 10 - CHANGES IN THE WORK:
10.1 The City may at any time or from time to time order additions, deletions or revisions in the general scope of the work without invalidating the Contract Documents and without notice to the sureties.
10.2 Changes will be authorized by a Change Order. Upon receipt of a Change Order, Contractor shall immediately proceed with the work involved. All such work shall be executed under the
applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the contract price or any extension or shortening of the contract time, an adjustment will be made as provided in Articles 11 and 12, on the basis of a claim made by either Contractor or City.
10.3 Changes, Omissions, or Additions shall be made only through a standard written order of the ENGINEER/ARCHITECT and approved by the Owner. Change Orders will be issued only before or at the time of change, and the expense or responsibility for any change or damage without said order shall rest entirely with the Contractor.
10.4 City may order minor changes or alterations in the work not involving extra costs or extension of time, and not inconsistent with the overall intent of the Contract Documents. Such changes may be ordered by a Field Order.
10.5 When necessary, in order to avoid delay to the work, the Project Manager may authorize the Contractor to proceed with the work pending completion of a change order. This prior authorization may be verbal; however, it must be confirmed in writing as soon as possible by the authorizing individual. Whenever work is to proceed on the basis of such prior authorization, the Contractor must be notified in writing to proceed with the work pending approval of the change order. In the case of a change order requested by the Contractor, the City must have positive assurance that he will execute the change order before allowing work to proceed. Preparation and final approval of change orders for work covered under prior authorization must be actively pursued.
Prior authorization does not include authority to make payment for the work.
10.6 No claims for adjustment of contract price or time for delays or costs due to material shortage, transportation difficulties, labor shortage, or dewatering, will be paid by City except as defined in subparagraphs 12.1.2 and 12.1.3.
10.7 Additional work performed by Contractor without authorization of a change order shall be at his own expense. Contractor shall not be entitled to an increase in the contract price or an extension of the contract time, except in the case of an emergency as provided in subparagraphs 6.1.4 or
9.1.3, for such work performed without a change order.
10.8 The City may order changes in the work. Notwithstanding any dispute or controversy that may arise in connection with a claim for adjustment of contract price, in the event of such changes Contractor shall proceed with the work promptly and diligently upon written order from Project Manager. The contract price may be changed pursuant to Article 11 without notice to the Surety.
10.9 In the event that there is any dispute between City and Contractor with relation to any ayment to be made under this contract, whether by reason of change order; progress payment; ol otherwise, Contractor shall submit a claim pursuant to Articles 11 and 12 but will not be entitled tr walk off the job or stop work in any manner and is under a full obligation to complete each and every term and condition of the contract.
10.10 Dispute resolutions provisions of paragraphs 8.5 and 8.6 are applicable to changes in the work except as in Articles 11 and 12.
ARTICLE 11 - CHANGE OF CONTRACT PRICE
11.1 Contract Price:
11.1.1 The Contract Price constitutes the total amount payable to Contractor for performing the work under the Contract Documents. All duties, responsibilities and obligations assigned to or undertaken by Contractor in respect to work under the Contract Documents shall be at his expense without change of the Contract Price.
11.1.2 If Contractor wishes to make a claim for an increase to the contract price, he shall give Project Manager written notice thereof not later than five (5) days after the occurrence of the event giving rise to such claim. Within ten (10) days thereafter, Contractor shall supply all supporting documents for such claim, including but not limited to time slips for labor and time slips for
equipment. Failure to provide all supporting documents shall constitute a waiver of such claim by Contractor.
11.1.3 The written notice shall set forth the reasons for which the Contractor believes additional compensation is due, the nature of the costs involved and the amount thereof. The notice must be given to the Project Manager prior to Contractor's performing the work-giving rise to the claim for additional compensation.
11.1.4 Differences between the parties arising under and by virtue of the contract shall be brought to the attention of the respective parties at the earliest possible time in order that such matters may be promptly settled. The Contractor hereby agrees that he shall have no right to additional compensation for any claim for which written notice was not filed in strict compliance with this paragraph.
11.2 The cost or credit to the City resulting from a change in the work, from a prior authorization, or from any claim for an increase or decrease in the contract price shall be determined by the Project Manager in one of the following ways:
11.2.1 By a lump sum properly itemized, and showing direct cost and markup, and supported by such substantiating data as may be required by the Project Manager to permit evaluation; allowable markup shall not in any case exceed the amount set forth below:
1. For work performed by the Contractor's own forces, for changes up to $30,000.00, an additional 10% for overhead and 5% for profit may be added;
2. For changes in excess of $30,000, the sums in excess of $30,000 are allowed an additional 8% for overhead and 5% for profit;
3. For work performed by subcontractors, the subcontractors' billings shall be limited to the markups as described for the Contractor, except the Contractor may add 10% to the gross amount as set forth by the subcontractor, as his fee for coordinating and implementing such changed work by the subcontractor;
4. Overhead includes, but is not limited to, the costs of bonds, insurance, supervision, office expense, management, transportation and small tools allowance.
11.2.2 Where the work involved is related to unit prices, by application of unit prices to quantities involved; or
11.2.3 On the basis of force account as provided for in paragraph 11.3 which shall be employed only at the Project Manager's sole discretion, which shall not be an election of the Contractor.
11.2.4 All work undertaken by prior authorization shall be on the basis of force account, until and unless a lump sum is agreed upon.
11.3 Force Account Payment - When extra work is to be paid for on a force account basis, the labor, materials, and equipment used in the performance of such work shall be subject to the approval of the Project Manager and compensation will be determined as follows:
11.3.1 Work Performed by Contractor - The Contractor will be paid the direct costs for labor, materials and equipment used in performing the work determined as hereinafter provided in Sections "Labor," "Materials" and "Equipment Rental," except where agreement has been reached to pay in accordance with Section "Work Performed by Special Forces or Other Special Services."
11.3.2 To the total direct costs computed as provided in Sections "Labor," "Materials," and "Equipment Rental," there will be added a markup as defined in paragraph 11.2.1.
11.3.3 The above markups shall constitute full compensation for all overhead costs which shall be deemed to include all items of expense not specifically designated as cost or equipment rental in Sections "Labor," "Materials," and "Equipment Rental." The total payment made as provided above shall be deemed to be the actual cost of such work and shall constitute full compensation therefore.
11.3.4 When extra work paid for on a force account basis is performed by forces other than the Contractor's organization, the Contractor shall reach agreement with such other forces as to the
distribution of the payment made by the Owner of such work. No additional payment therefore will be made by the Owner by reason of the performance of the work by a subcontractor or otherforces.
11.3.4.1 Labor - The Contractor will be paid the cost of labor for the workmen (including foremen when authorized by the Project Manager) used in the actual and direct performance of the work.
The cost of labor, whether the employer is the Contractor, subcontractor, or other forces, will be the sum of the following:
11.3.4.2 Actual Wages - The actual wages paid shall include any employer payments to or on behalf of the workmen for health and welfare, pension, vacation, and similar purposes.
11.3.4.3 Labor Surcharge - To the actual wages, as defined in Section 11.4.2 will be added a labor surcharge set forth in the Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is part of the contract. Said labor surcharge shall constitute full compensation for all payments imposed by State and Federal laws, specifically worker's compensation, social security, Medicare, Federal unemployment insurance, State unemployment insurance and State training taxes, and for all other payments made to, or on behalf of, the workmen, other than actual wages as defined in Section 11.4.2 and subsistence and travel allowance as specified in Section 11.3.4.4.
11.3.4.4 Subsistence and Travel Allowance - The actual subsistence and travel allowance paid to such workmen.
11.3.4.5 Materials - The Owner reserves the right to furnish such materials as it deems advisable, and the Contractor shall have no claims for costs and markup on such materials.
Only materials furnished by the Contractor and necessarily used in the performance of the work will be paid for. The cost of such materials will be the cost to the purchaser, whether Contractor, subcontractor, or other forces, from the supplier thereof, except as the following are applicable:
11.3.4.6 If materials are procured by the purchaser by any method which is not a direct purchase from and a direct billing by the actual supplier to such purchaser, the cost of such materials shall be deemed to be the price paid to the actual supplier as determined by the Project Manager plus the actual costs, if any, incurred in the handling of such materials.
11.3.4.7 If the materials are obtained from a supply or a source owned wholly or in part by the purchaser, the cost of such materials shall not exceed the price paid by the purchaser for similar materials furnished from said source on contract items or the current wholesale price for such materials delivered to the job site, whichever price is lower.
11.3.4.8 If the cost of such materials is, in the opinion of the Project Manager, excessive, then the cost of such materials shall be deemed to be the lowest current wholesale price at which such materials are available in the quantities concerned delivered to the job site, less any discounts as provided in Section 11.4.1.
11.3.4.9 Equipment Rental - The Contractor will be paid for the use of equipment at the rental rates listed for such equipment in the Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the contract, regardless of ownership and any rental or other agreement, if such may exist, for the use of such equipment entered into by the Contractor. If it is deemed necessary by the Project Manager to use equipment not listed in the said publication, a suitable rental rate for such equipment will be established by the Project Manager. The Contractor may furnish any cost data, which might assist the Project Manager in establishment of such rental rates.
The rental rates paid as above provided shall include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs, and maintenance of any kind, depreciation, storage, insurance, and all incidentals.
Operators of rented equipment will be paid for as provided in Section 11.4.1(1) "Labor!" All equipment shall, in the opinion of the Project Manager, be in good working condition and suitable
for the purpose for which the equipment is to be used.
Unless otherwise specified, manufacturer's ratings and manufacturer's approved modifications shall be used to classify equipment for the determination of applicable rental rates. Equipment that has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer.
Individual pieces of equipment or tools not listed in said publication and having a replacement value of $150 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefore.
Rental time will not be allowed while equipment is inoperative due to breakdowns.
11.3.4.10 Equipment on the Work - The rental time to be paid for equipment on the work shall be the time the equipment is in operation on the extra work being performed, and in addition, shall include the time required to move the equipment to the location of the extra work and return it to the original location or to another location requiring no more time than that required to return it to its original location, except that moving time will not be paid for if the equipment is used at the site of the extra work on other than such extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no payment willbe made if equipment is used at the site of the extra work on other than such extra work.
The following shall be used in computing the rental time of equipment on the work:
(1) When hourly rates are listed, less than 30 minutes of operation shall be considered to be ½ hour of operation.
(2) When daily rates are listed, less than 4 hours of operation shall be considered to be ½ day of operation.
11.3.4.11 Equipment Not on the Work - For the use of equipment moved in on the work and used exclusively for extra work paid for on a force account basis, the Contractor will be paid the rental rates listed in the Department of Transportation publication entitled Labor Surcharge and Equipment Rental Rates, which is in effect on the date upon which the work is accomplished and which is a part of the contract, and for the cost of transporting the equipment to the location of the work and its return to its original location, all in accordance with the following provisions:
(1) The original location of the equipment to be hauled to the location of the work shall be agreed to by the Project Manager in advance.
(2) The Owner will pay the costs of loading and unloading such equipment. (3) The cost of transporting equipment in low bed trailers shall not exceed the hourly rates charged by established haulers.
(4) The cost of transporting equipment shall not exceed the applicable minimum established rates of the Public Utilities Commission.
(5) The rental period shall begin at the time the equipment is unloaded at the site of the extra work, , shall include each day that the equipment is at the site of the extra work, excluding Saturdays, Sundays, and legal holidays unless the equipment is used to perform the extra work on such days, and shall terminate at the end of the day on which the Project Manager directs the Contractor to discontinue the use of such equipment. The rental time to be paid per day will be in accordance with the following:
Hours Equipment Hours to is
in Operation be Paid
4 0.5 4.25
1 4.5
1.5 4.75
5 2.5 5.25
3 5.5
3.5 5.75
4 6
4.5 6.25
5 6.5
5.5 6.75
7 6.5 7.25
7 7.5
7.5 7.75
8 Over 8 Hours in operation
The hours to be paid for equipment which is operated less than 8 hours due to breakdowns, shall not exceed 8 less the number of hours the equipment is inoperative due to breakdowns.
When hourly rates are listed, less than 30 minutes of operation shall be considered to be ½ hour of operation.
When daily rates are listed, payment for ½ day will be made if the equipment is not used. If the equipment is used, payment will be made for one day.
(6) Should the Contractor desire the return of the equipment to a location other than its original location, the Owner will pay the cost of transportation in accordance with the above provisions, provided such payment shall not exceed the cost of moving the equipment to the work. (7) Payment for transporting and loading and unloading equipment, as above provided will not be made if the equipment is used on the work in any other way than upon extra work paid for on a force account basis.
When extra work, other than work specifically designated as extra work in the plans and specifications, is to be paid for on a force account basis, and the Project Manager determines that such extra work required the Contractor to move on to the work equipment which could not reasonably have been expected to be needed in the performance of the contract, the Project Manager may authorize payment for the use of such equipment at equipment rental rates in excess of those listed as applicable for the use of such equipment subject to the following additional conditions:
(a) The Project Manager shall specifically approve the necessity for the use ofparticular equipment on such work.
(b) The Contractor shall establish to the satisfaction of the Project Manager that such equipment cannot be obtained from his normal equipment source or sources and those of his subcontractors.
The Contractor shall establish to the satisfaction of the Project Manager that the proposed equipment rental rate for such equipment from his proposed source is reasonable and appropriate for the expected period of use.
(d) The Project Manager shall approve the equipment source and the equipment rental rateto be paid by the City before the Contractor begins work involving the use of said equipment.
11.3.4.12 Owner-Operated Equipment - When owner-operated equipment is used to perform extra work to be paid for on a force account basis, the Contractor will be paid for the equipment and operator, as follows:
Payment for the equipment will be made in accordance with the provisions in Section
11.3.4.10, "Equipment Rental."
Payment for the cost of labor and subsistence or travel allowance will be made at the rates
paid by the Contractor to other workmen operating similar equipment already on the project, or in the absence of such workmen, at the rates for such labor established by collective bargaining agreements for the type of workman and location of the work, whether or not the owner-operator will be added to the cost of labor described herein, in accordance with provision in Section 11.3.4.3 "Labor Surcharge. "To the direct cost of equipment rental and labor, computed as provided herein, will be added the markups for equipment rental and labor as provided for in Section 11.3.1 "Work Performed by Contractor."
11.4.1 Work Performed by Special Forces or Other Special Services - When the Project Manager and the Contractor, by agreement, determine that a special service for an item of extra work cannot be performed by the forces of the Contractor or those of any of his subcontractors, such services or extra work item may be performed by a specialist. Invoices for such service of item of extra work on the basis of the current market price thereof may be accepted without complete itemization of labor, material and equipment rental costs when it is impractical and not in accordance with the established practice of the special service industry to provide such complete itemization.
In those instances wherein a Contractor is required to perform extra work necessitating a fabrication or machining process in a fabrication or machine shop facility away from the job site, the charges for that portion of the extra work performed in such facility, may, by agreement, be accepted as a specialty billing.
To the specialist invoice price, less a credit to the City for any cash or trade discount offered or available, whether or not such discount may have been taken, will be added 15 percent in lieu of the percentages provided in Section 11.3.1 "Work Performed by Contractor."
11.4.2 Records - The Contractor shall maintain his records in such a manner as to provide a clear distinction between the direct costs of extra work paid for on a force account basis and the costs of other operations.
11.5 The amount of credit to be allowed to City for any change which results in a net decrease in cost of the work, will be the amount of the actual net decrease as determined by the Project Manager. When both additions and credits are involved in any one change, any Contractor's fee underparagraph11.3.3 shall be calculated on the basis of the net increase, if any.
11.6 Whenever the cost of any work is to be determined pursuant to paragraph 11.3, Contractor will submit in form prescribed by City an itemized cost breakdown together with supporting data.
11.7 Disputes, claims and matters in question arising out of or relating to the interpretation of implementation of Article 11 shall be submitted and resolved in accordance with paragraph 8.5.
11.8 Cash Allowances - NOT APPLICABLE
CONTRACT CHANGE ORDER FORM
11.9 All parties agree that the following form shall be used for all change orders:
CONTRACT CHANGE ORDER NO._
Date Sheet of
• You are hereby directed to make the herein-described changes from the plans and specifications, or do the following described work in accordance with applicable provisions of the Contract Documents. Work described herein shall include furnishing of all materials, equipment, labor and services necessary for its completion.
This Change Order constitutes a full accord and satisfaction as to claims for all additional costs and extensions of the contract time relating to the portion of the work described under the term "Item." The execution of this Change Order is a waiver of any rights or claims by the Contractor to any additional compensation for the "Item" work or extensions of the contract time for that work.
The above changes result in the following adjustments to the Contract Price: Add/Deduct $
Contract Time is increased/decreased/unchanged _working days by this Change Order. I, the undersigned Contractor, SUBMITTED BY:
hate irange proposed anatore by
agree to do the work above specified
ENGINEER/A
RCHITECT and will accept as full payment
therefore the prices shown above. RECOMMENDED FOR APPROVAL:
By:_ By:_
CONTRACTOR PROJECT MANAGER
By:_
TITLE
Date: Date:
APPROVED BY:
APPROVAL:
BY:_
CHIEF ADMINISTRATOR
Distribution:
District (Master)
Contractor (Master)
ENGINEER/ARCHITECT (Copy)
Project Manager (Copy)
1 of 2 Change Order _
CONTRACT CHANGE ORDER NO.
PROJECT
-
Date:
The Contract is changed as follows:
CCO # COR # DESCRIPTION AMOUNT
Requested by:
Reason: ADD
Requested by:
Reason: ADD
Requested by:
Reason: ADD
Requested by:
Reason: ADD
Requested by:
Reason:
TOTAL CHANGE ORDER NO. ADD $0.00
The original Contract Sum $0
Net Change by previously authorized Change Orders $0
The Contract Sum prior to this Change Order $0
amoun tract Sum will be increased by this change Order in the $0 The New Contract Sum including this Change Order will be $0 The Contract Time will be extended | (-0-) work days
2 of 2 Change Order _
ARTICLE 12 - CHANGE OF THE CONTRACT TIME
12.1 Contract Time
12.1.1 The City may extend, reduce or adjust the contract time without invalidating the Contract Documents and without notice to the Surety. The contract time may only be changed by a change order. Any claim for an extension in the contract time shall be based on written notice to Project Manager within five (5) days of commencement of the event giving rise to the claim. The notice shall set forth the reasons for the delay, the date of its commencement, the extent of the delay, together with such supporting data as may be required by Project Manager. Change in the contract time shall be incorporated in a change order. Failure to present notice of claim in writing within the stated five days constitutes a waiver for any delay claim.
12.1.2 In the event it is deemed necessary to extend the time for completion of the work, such extensions shall in no way release any guarantee given by the Contractor pursuant to the provisions of the Contract Documents, or the contract let hereunder, nor shall such extension of time relieve or release the Sureties on the bonds executed pursuant to said provision. The Sureties in executing such bonds shall be deemed to have expressly agreed to any such extension of time. The amount of time allowed in any extension of time shall be limited to the period of the delay giving rise to the same as determined by the City.
12.1.3 The amount of time extension, if any, to which the Contractor is entitled shall be determined by the Project Manager. No damages of any sort shall be paid to Contractor for delay, disruption, halting, cessation or temporary abandonment, no matter from what cause. Parties acknowledge that on this project, revisions to the plans and specifications will be needed, and Contractor waives, by entering into the Agreement with City, any damages caused by such revision or any other source during the term of this contract. Notwithstanding any dispute which may arise in connection with a claim for adjustment of the contract time, Contractor shall proceed with the work promptly and directly.
12.2 Liquidated Damages
12.2.1 The work prescribed by the Contract Documents must be completed within the time set forth in the Agreement, or damage will be sustained by the City. Any delay could cause delay to operations of the City depriving the City of the scheduled beginning of the use of the facility under construction.
The parties hereto recognize that, because of the foregoing special circumstances, it is impractical and extremely difficult to fix the actual damages.
12.2.2 Accordingly, the parties hereto agree, and by execution of the Agreement the Contractor acknowledges that he understands, has ascertained and agrees, that the Contractor shall pay to the City, as liquidated damages, and not as a penalty or forfeiture, the amounts herein set forth for the failure of the Contractor to substantially complete the entire work within the time specified.
12.2.3 Time is therefore of the essence in these Contract Documents and it is imperative that the work included in these Contract Documents be substantially completed within the specified time.
12.2.4 Since it is impossible or extremely impractical, presently, to determine the actual amount of damages which the City will sustain by reason of such delay, it is, therefore, agreed that the Contractor will pay to the City liquidated damages in the amount as set forth in subparagraph 12.2.6, for each and every calendar day beyond the time set forth in the Agreement, as adjusted, until the time of completion as determined in paragraph 14.5. The Contractor agrees to promptly pay such liquidated damages as are herein provided. In case the same are not so paid, Contractor agrees that the City may deduct the amount thereof from any money due or that may become due the Contractor under the contract.
12.2.5 The parties have endeavored to estimate the actual damages likely to be suffered by the City in the event of a delay in completion beyond the time set forth in the Agreement, and agree that the amount is a reasonable estimate of the City's actual damages and are just and reasonable sums under the circumstances presently existing.
12.2.6 It is agreed that the amount of liquidated damages to be paid by the Contractor to the City for failure to complete the entire work specified by the Contract Completion Date or to meet any deadline set forth in the Agreement for the completion of specified work (as extended, if applicable) is two hundred fifty dollars and no/cents ($250.00) for each calendar day, continuing after the Substantial Completion Date, as indicated in the Agreement, to the date of actual substantial completion, or until the time of completion of the work necessary to meet such a deadline, as the case may be.
12.2.? In the event the Contractor shall become liable for liquidated damages under this Section, the City in addition to all other remedies provided by law, shall have the right to require the Project Manager to withhold any and all retained percentages of payments, subject to the requirements of Sections 10263 and 22300 of the Public Contracts Code, which would otherwise be or become due the Contractor until the liability of the Contractor under this Section has been finally determined. The City shall have the right to use and apply such retained percentages, in whole or in part, to reimburse the City for all liquidated damages due or to become due to the City. Any remaining balance of such retained percentages shall be paid to the Contractor only after discharge in full of all liability incurred by the Contractor under this Section or otherwise. If the retained percentage is not sufficient to discharge all such liabilities of the Contractor, the Contractor shall continue to remain liable to the City until all such liabilities are satisfied in full.
12.2.8 Such amount will be in each case the actual cash value agreed upon as the loss to the City resulting from the Contractor's default.
12.2.9 Disputes, claims and matters in question arising out of or relating to the interpretation or implementation of Article 12 shall be submitted and resolved in accordance with paragraph 8.4.
ARTICLE 13 - WARRANTY AND GUARANTEE; TEST AND INSPECTIONS; CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
13.1 Warranty and Guarantee
13.1.2 Contractor warrants and guarantees to City that all materials and equipment will be unless otherwise specified, all work will be of good quality, free from faults or defects, in accordance with the requirements of the Contract Documents and of any inspections, tests or approvals referred to in paragraph 13.2. All unsatisfactory work, all faulty or defective work, and all work not conforming to the requirements of the Contract Documents at the time of acceptance thereof or of such inspections, tests or approvals shall be considered defective. All defective work, whether or not in place, may be rejected, corrected or accepted as the City may direct.
13.2 Tests and Inspections
13.2.1 If laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any work to be specifically inspected, tested or approved by some public body, Contractor shall assume full responsibility therefore, pay all costs in connection therewith, and furnish the Project Manager with the required certificates of inspection, testing or approval. All other inspections, tests and approvals required by the Contract Documents shall be performed by City and the costs be paid by City unless otherwise specified.
13.2.2 Contractor shall give Project Manager and ENGINEER/ARCHITECT timely notice of readiness of the work for all inspections, tests or approvals. If any such work required so to be inspected, tested or approved is covered before such inspections, tests, or approvals are made, without written approval of the Project Manager, it must, if requested by the Project Manager or ENGINEER/ARCHITECT, be uncovered for observation, and such uncovering and replacement shall be at Contractor's expense.
13.2.3 Neither observations by Project Manager and ENGINEER/ARCHITECT nor inspections, tests or approvals shall relieve Contractor from his obligations to perform the work in accordance with the requirements of the Contract Documents.
13.2.4 Any defective work, which may be discovered before final acceptance of the work, shall be corrected immediately by the Contractor, and any unsatisfactory materials shall be rejected, notwithstanding that they may have been overlooked by an inspector. The inspection of the workshall not relieve the Contractor of any of his obligations to perform satisfactory work as herein prescribed.
13.2.5 Failure or neglect on the part of the City or any of its authorized agents to condemn or reject bad or inferior work or materials shall not be construed to imply an acceptance of such work or materials if it becomes evident at any time prior to final acceptance of the work; neither shall it is construed as barring the City at any subsequent time from recovery of damages or of such a sum of money as may be needed to build all portions of the work in which fraud was practiced or improper materials used whenever found.
13.3 Access to Work
13.3.1 The City and its representative and the ENGINEER/ARCHITECT and his representatives will at all times have access to the work. Contractor shall provide proper and safe facilities for such access and observation of the work and also for any inspection or testing thereof by others.
13.4 Uncovering the Work
13.4.1 Work, which is supposed to be tested prior to covering or inspecting, and which has been covered prior to testing or inspection must, if requested by Project Manager or ENGINEER/ARCHITECT, be uncovered for observation and replaced at Contractor's expense.
13.4.2 The Project Manager may request any work to be uncovered and inspected and tested. If such work is found to be defective, Contractor shall bear the expense of uncovering, exposure, inspection, testing, correction and recovering. If the work is not found to be defective, Contractor shall be allowed an increase in contract price and, if necessary, an extension of time to cover all-time and cost expended. Such increase and extension shall be granted pursuant to Articles 10, 11, and 12.
13.5 City May Stop the Work
13.5.1 If the work is defective, or Contractor fails to supply sufficient skilled workmen or suitable materials or equipment, or if Contractor fails to make prompt payments to subcontractors or for labor, materials or equipment, City may order Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated. This right of City to stop the work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor or any other party.
13.6 Correction or Removal of Defective Work
13.6.1 The Project Manager may require the Contractor, prior to approval of final payment, without cost to City and as specified by Project Manager, to either correct any detective work, whether or not tabricated, installed or completed, or, if the work has been rejected by Project Manager or ENGINEER/ARCHITECT, remove it from the site and replace it with nondefective work. If Contractor does not correct such defective work or remove and replace such rejected work within a reasonable time, all as specified in a written notice from Project Manager, City may have the deficiency corrected or the rejected work removed and replaced by other persons. All direct or indirect costs of such correction or removal and replacement, including compensation for additional professional services, shall be paid by Contractor. Contractor shall also bear the expenses of making good all work of others destroyed or damaged by his correction, removal or replacement of his defective work.
13.6.2 The Contractor shall remove from the site within 48 hours, when so directed by the Project Manager, any materials which are not in conformance with the Contract Documents.
13.7 One Year Correction Period
13.7.1 If, after the approval of final payment and prior to the expiration of one year after the date of Notice of Completion or such longer periods of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any work is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions, either correct such defective work, or, if it has been rejected by City, remove it from the site and replace it with nondefective work. If Contractor does not promptly comply with the terms of such instructions, City may have the defective work corrected or the rejected work removed and replaced by other persons and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by Contractor. The requirements of this paragraph shall be cumulative with such other indemnification, warranties and guarantees as provided by the Contract Documents, at law and in equity, and shall not be deemed a limitation of any sort on the rights and remedies of the City against the Contractor
13.7.1.1 The warranties, extended warranties and guarantees in these General Conditions and in the Specitication shall be cumulative with such other indemnification, warranties and guarantees as provided by the Contract Documents, or at law or in equity, and shall be deemed a limitation of any sort on the rights and remedies of the City against the Contractor.
13.8 Acceptance of Defective Work
13.8.1 If, instead of requiring correction or removal and replacement of defective work, City prefers o accept it, it may do so. In such case,
including appropriate reduction in the contract price; or, if the acceptance occurs after approval of final payment, an appropriate amount shall be paid by Contractor to City.
13.9 Work Neglected by Contractor
13.9.1 If Contractor fails to prosecute the work in accordance with the Contract Documents, including any requirements of the construction schedule, City may give Contractor written notice. Contractor shall respond to City within 24 hours' receipt of said notice, and conform to said notice within 7 days.
City may, without prejudice to any other remedy it may have, make good deficiencies, and the cost thereof (including compensation for additional professional services) shall be charged against Contractor. If the payments then or thereafter due Contractor are not sufficient to cover such amount, Contractor shall pay the difference to City.
ARTICLE 14 - PAYMENTS AND COMPLETION
14.1 Schedules:
14.1.1 Work Schedule and activity cost data developed in connection therewith as described in the General Requirements. No progress payment will be made until after the Schedule has been updated as of the date of application. The activity cost data will be incorporated into the form of Application for Payment furnished by the City.
14.2 Application for Progress Payment:
14.2.1 Once a month Contractor shall submit to Project Manager and ENGINEER/ARCHITECT for review an Application for Payment filled out and signed by Contractor covering the work completed as of the date of the application and accompanied by such data, vouchers and schedules as may reasonably be required. No payment shall be made for any work or material not specifically incorporated in the project, except equipment purchased by Contractor, delivered to and stored in a bonded warehouse acceptable to the Owner. Payment for 95% of the invoiced value of such equipment may be made, subject to the inspection by and approval of the Owner. Equipment that qualified for such payment while not incorporated into the work, is limited to: special order transformers, generators, pumps, valves, and motors. Items which are "stock" or "off the shelf" which are readily available are not, under any circumstances, eligible for payment under this provision.
14.2.2 Mobilization, bonds, and insurance premiums will be paid as part of the first progress payment if these costs are identified as part of the cost allocation required under General Requirements, Section 01310. Each subsequent Application for Payment shall include an affidavit of Contractor stating that all previous progress payments received on account of the work have been applied to discharge in full all of Contractor's obligations reflected in prior Applications for Payment and otherwise. Failure to submit any data and affidavits as may be required by this paragraph shall be grounds for rejection of the Application for Payment. This payment will be made pursuant to paragraph 14.11
14.3 Contractor's Warranty of Title:
14.3.1 Contractor warrants and guarantees that title to all work, materials and equipment covered by any Application for Payment, whether incorporated in the project or not, will pass to City at the time of payment, free and clear of all liens, claims, security interests and encumbrances (hereinafter in these General Conditions referred to as "liens"). The City may, at any time, require the Contractor to post, at Contractor's expense, a lien release bond as to any lien filed against the project.
14.4 Approval of Payments:
14.4.1 The Project Manager will, within fifteen days after receipt of each Application for Payment, either indicate in writing his approval for payment or return the application to Contractor indicating his reasons for refusing to approve payment. City shall, within 30 days of presentation to it of an approved Application for Payment, review said application and if found acceptable in form and amount, pay Contractor the amount approved.
14.4.2 The City will pay 95% of the amount due the Contractor as progress payments. The remaining monies will be paid pursuant to paragraph 14.9.1.
14.4.3 The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractor, shall be valued by the public agency's Finance Director (Treasurer), whose decision on valuation of the securities shall be final.
14.4.4 The granting of any progress payment, or the receipt thereof by the Contractor, shall not constitute acceptance of the work or any portion thereof, and shall in no way lessen the liability of the Contractor to replace unsatisfactory work or material, though the unsatisfactory character of such work or material may not have been apparent or detected at the time such payment was made.
14.4.5 It is mutually understood and agreed that when under any provision of this contract the City shall charge any sum of money against the Contractor, the amount of such charge shall be deducted and retained by the City from the amount of the next succeeding progress estimate, or from anyother moneys due or that may become due the Contractor on account of the contract. If on completion ortermination of the contract such moneys due the Contractor are found insufficient to cover the City's charges against him the City shall have the right to recover the balance from the Contractor or his sureties.
14.4.6 The City may withhold up to 125% of the estimated cost of remedial work from payments otherwise due the Contractor, if in the judgment of the Project Manager or ENGINEER/ARCHITECT the Contractor has failed to make satisfactory progress on the completion of remedial work, or is otherwise in violation of any requirement, duty, obligation or covenant contained in the Contract Documents. Such withholding is supplementary to the retention amount required by these Contract Documents.
14.4.7 City may refuse to approve the whole or any part of any payment because of subsequently discovered evidence, change in circumstances or the results of subsequent inspections or tests, and may nullify any such payments previously approved to such extent as may be necessary in their opinion to protect City from loss, because:
14.4.7.1 the work is defective, or completed work has been damaged requiring correction or replacement;
14.4.7.2 claims or liens have been filed, or there is reasonable cause to believe such may be filed;
14.4.7.3 the contract price has been reduced because of modification;
14.4.7.4 City has been required to correct defective work or complete the work;
14.4.7.5 of unsatisfactory prosecution of the work including failure to furnish acceptable submittals; or
14.4.7.6 the Contractor has failed to comply with the Contract Documents, direction of City or with the requirements of the law.
14.5 Notice of Completion:
14.5.1 Contractor will certify in writing to City, prior to final payment, that the entire project is substantially complete and request that City issue a Notice of Completion. Within a reasonable time thereafter, Project Manager, Contractor, and ENGINEER/ARCHITECT shall make a review of completeness. If Project Manager does not consider the project substantially complete, Project Manager will notify Contractor in writing giving his reasons. If Project Manager considers the project substantially complete, Project Manager will prepare a provisional Notice of Completion which shall fix the tentative date of Substantial Completion and the responsibilities for maintenance and utilities.
There shall be attached to the provisional certificate a list of items to be completed or corrected before final payment, and the provisional certificate shall fix the time within which such items be completed or corrected, said time to be within the contract time. Section 01700 shall apply to this paragraph.
14.5.2 Contractor shall have seven days after receipt of the provisional certificate during which he may make written objection to Project Manager as to any provisions of the provisional certificate or attached list. If, after considering such objection, Project Manager concludes that the project is not substantially complete, Project Manager will within seven days after submission of the objection notify Contractor thereof in writing stating the reasons. Upon Contractor's completion of the items listed on the provisional certificate, and upon satisfaction of the terms and conditions of the provisional certificate, the Project Manager shall issue a final Notice of Completion, which shall fix date as may be necessary or appropriate. Project Manager's determination of the date of Substantial Completion and other items under this paragraph shall be final and conclusive on Contractor. Section 01700 shall apply to this paragraph.
14.5.3 Project Manager shall have the right to exclude Contractor from the project site after the date of Substantial Completion, but Project Manager shall allow Contractor reasonable access to complete punch list items or perform correction and warranty work.
14.6 Partial Utilization:
14.6.1 Prior to final payment, Project Manager may request Contractor in writing to permit City to use a specified part of the project which it believes it may use without significant interference with construction of the other parts of the project. If Contractor agrees, it will certify to Project Manager and ENGINEER/ARCHITECT that said part of the project is substantially complete and request Project Manager to issue a certificate of Substantial Completion for that part of the project. Within a reasonable time thereafter Project Manager, Contractor and ENGINEER/ARCHITECT shall make an inspection of that part of the project to determine its status of completion. If Project Manager determines that such part is substantially complete, Project Manager shall issue a Certificate of Substantial Completion. If Project Manager does not consider that it is substantially complete, Project Manager will notify Contractor thereof in writing, giving its reasons. In case of partial utilization by the City, the provisions of General Requirements Section 01700 will govern with respect to the responsibilities of Contractor and City.
14.6.2 Partial utilization shall not limit any warranty or guarantee by the Contractor, nor shall it constitute a waiver of any right of the City, its successors or assigns.
14.7 Final Inspection:
14.7.1 The Contractor shall give written notice that the project is complete. Project Manager and ENGINEER/ARCHITECT will make a final review of completeness with Contractor, and will notify Contractor in writing of all particulars in which this review reveals that the work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies.
14.8 Final Application for Payment:
14.8.1 The Contractor shall complete all such corrections to the satisfaction of the Project Manager and deliver all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection and other documents required by the Contract Documents or by the Project Manager. He may then make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by such data as the Project Manager may reasonably require, together with complete releases - waivers of liens in a form satisfactory to the Project Manager. Contractor shall also be required to furnish receipts or releases in full; and affidavit that the releases and receipts include all labor, all payrolls, material and equipment for which a lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the work for which City or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the Surety to final payment. If any subcontractor, material man, fabricator or supplier fails to furnish a release or receipt in full, Contractor may be required at Project Manager's sole discretion to furnish a bond or other collateral satisfactory to Project Manager to indemnify City against any lien, stop notice, or any other loss or liability. This payment is made pursuant to paragraph
14.11 and Section 01700.
14.9 Approval of Final Payment:
14.9.1 If, on the basis of observation and review of the work during construction, final inspection and review of the final Application for Payment, as required by the Contract Documents, Project Manager is satisfied that the work has been fully and satisfactorily completed and that Contractor has fulfilled all his obligations under the Contract Documents, Project Manager will file a Notice of Completion and, within fifteen days after receipt of the final Application for Payment, approved by Project Manager, indicate in writing its approval for payment.
14.9.2 If, on the basis of observation and review of the work during construction, final inspection and review of the final Application for Payment, as required by the Contract Documents, Project Manager is not satisfied that the work has been fully and satisfactorily completed, and that Contractor has not fulfilled all his obligations under the Contract Documents, Project Manager will, within fifteen days after receipt of the final Application for Payment, indicate in writing his disapproval for payment.
Thereupon Project Manager will give written notice to Contractor indicating in writing the reasons for refusing to approve final payment, in which case Contractor shall make the necessary corrections and resubmit the Application.
14.9.3 City shall make payment, including retention, to Contractor, pursuant to an approved final application for Payment, within 15 days of its approval, or on the 30th day following the recording of the Notice of Completion, whichever date is later. The approval and payment procedures described in paragraphs 14.10, 14.11, and 11.4 shall apply to this paragraph.
14.9.4 The Contractor and each assignee under any assignment in effect at the time ofifinal payment shall, if required by the Project Manager, execute and deliver at the time of final payment and as a condition precedent to final payment, a release in form and substance satisfactory to and containing such exemptions as may be found appropriate by the City, discharging the City, Project Manager, and their elected officials, officers, agents, and employees of and from all liabilities, obligations and claims arising under this contract.
14.10 Contractor's Continuing Obligation:
14.10.1 Contractor's obligation to perform the work and complete the project in accordance with the Contract Documents shall be absolute. Neither approval of any progress or final payment by City, nor the issuance of a Notice of Completion, nor any payment by City to Contractor under the Contract Documents, nor any use or occupancy of the project by City shall constitute an acceptance of work not in accordance with the Contract Documents.
14.11 Waiver of Claims:
14.11.1 The making and acceptance of each progress payment and of final payment shall constitute a waiver of all prior claims by Contractor against City which have not been brought to the notice of the City as provided in the Contract Documents.
14.11.2 If any claim or lien or stop-notice or any other demand for payment or security therefore, including claims or demands upon the performance and payment bond sureties, is made or filed with or against City, the project or the premises by any person claiming that Contractor or any subcontractor or other person under it has failed to perform its contractual obligations or to make payment for any labor, services, materials equipment, taxes or other items or obligations furnished or incurred for or in connection with the work, or if at any time there shall be evidence of such non- performance or non- payment or of any claim or lien or stop-notice or other demand for which, if established, City might become liable and which is chargeable to Contractor; or if Contractor or any subcontractor or other person under it causes damage to the work or to any other work on the project; or if the Contractor fails to perform or is otherwise in default under any of the terms or provisions of the Contract Documents, the Project Manager shall have the right to retain from any payment then due or thereafter to become due an amount which in his sole discretion he deems sufficient to:
14.11.2.1 satisfy, discharge and defend against any such claim or lien or stop-notice or other demand, or any action which may be brought or judgment which may be recovered thereon;
14.11.2.2 make good any such non-payment, nonperformance, damage, failure or default; and
14.11.2.3 compensate City for and indemnify it against any and all losses, liability, damages, costs and expenses (including attorneys', accountants', consultants' and experts' fees and costs) which may be sustained or incurred in connection therewith.
14.11.3 City shall have the right to apply and charge against Contractor as much of the amount retained as may be required for the foregoing purposes. If the amount retained is insufficient therefore, Contractor shall be liable for the difference and upon written demand immediately pay the same to the City. The provisions of this paragraph are in addition to such other rights and entitlements as the City may enjoy against Contractor as elsewhere provided in the Contract Documents, and at law and in equity.
14.11.4 Should any subcontractor, material man, supplier or other such person file or maintain any action on or respecting a claim of mechanic's lien, stop-notice, against payment or performance bond, Contractor shall immediately and at his own expense procure, furnish and record appropriate release bonds in accordance with California Civil Code Section 8000 et. seq., and California Code of Civil Procedure Sections 405 through 405.24, inclusive. Upon Contractor's failure immediately to procure, furnish and record such release bonds, City shall have right to procure and record such release bonds, and to retain from Contractor's payment the cost thereof. The provisions of this paragraph are in addition to such other rights and entitlements as enjoyed by the City against Contractor as elsewhere provided in the Contract Documents, and at law and in equity.
14.12 Price Reduction For Defective Cost or Pricing Data
14.12.1 If the Owner determines that any price (including profit) negotiated in connection with the contract, or any cost reimbursable under this contract, was increased by any significant sums because the Contractor, or any subcontractor furnished incomplete or inaccurate cost or pricing data or data not current, then such price or cost or profit shall be reduced accordingly and the contract shall be modified in writing to reflect such reduction. Failure to agree on a reduction shall be subject to the Disputes Resolution clause of this contract.
14.12.2 Since the contract is subject to reduction under this clause by reason of defective cost or pricing data submitted in connection with certain subcontracts, the Contractor may wish to include a clause in each such subcontract requiring the subcontractor to appropriately indemnify the Contractor. It is also expected that any subcontractor subject to such indemnification will generally require substantially similar indemnification for defective cost or pricing data required to be submitted by his lower tier subcontractors.
14.13 Covenant Against Contingent Fees
14.13.1 The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercialor selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty the City shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
14.14 Gratuities
14.14.1 If the Owner finds, after notice and hearing, that the Contractor or any of the Contractor's agents or representatives offered or gave gratuities (in the form of entertainment, gifts, or otherwise) to any official, employee, or agent of the Owner in an attempt to secure a contract or favorable treatment in the awarding, amending, or making any determinations related to the performance of this contract, the City may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this contract. The City may also pursue other rights and remedies that the law or this contractprovides. However, the existence of the facts upon which the City makes such findings shall be in issue and may be reviewed in proceedings under the remedy clause of this contract.
14.14.2 In the event this contract is terminated as provided in this clause, the City shall be entitled (1) to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the contract by the Contractor, and (2) as a penalty in addition to any other damages to which it may be entitled by law, to exemplary damages in an amount (as determined by the City) which shall be not less than 3 nor more than 10 times the costs the Contractor incurs in providing any such gratuities to any such officer or employee.
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
15.1 City May Suspend Work
15.1.1 The City may, at any time and without cause, suspend the work or any portion thereof by notice in writing to Contractor. Contractor shall resume the work when so ordered in writing by City.
15.2 City May Terminate
15.2.1 The City may, without prejudice to any other right or remedy and after giving Contractor and his Surety seven calendar days written notice, terminate the services of Contractor and take possession of the project and of all materials, equipment, tools, construction equipment and machinery thereon owned by Contractor, and finish the work by whatever method it may deem expedient, if the Contractor is adjudged as bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for Contractor or for any of his property, or if he files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, or if he fails to supply sufficient skilled workmen or suitable materials or equipment, or if he fails to make prompt payments to subcontractors or for labor, materials or equipment or if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of Project Manager, or if he otherwise violates any provisions of the Contract Documents. In such case Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the direct and indirect costs of completing the project, including compensation for additional professional services, such excess shall be paid to Contractor. If the costs exceed such balance, Contractor shall pay the difference to City.
15.2.2 The termination of the Contractor's services by the City shall not affect any rights of the City against the Contractor then existing or which thereafter accrue. The retention of any payment of money by City due Contractor will not release the Contractor from liability.
15.2.3 The City may, after seven calendar days' written notice to Contractor, without cause and without prejudice to any other right or remedy, elect to abandon the project and terminate the agreement. In such case, Contractor shall be paid for all work then executed, any expense sustained, plus a reasonable protit.
15.2.4 The Contractor may not, under any condition, terminate or stop work because of a dispute, claim or any matter in controversy under the Contract Documents, then under submission, or previously resolved by a final and conclusive decision under paragraph 8.4.
ARTICLE 16 - MISCELLANEOUS
16.1 Giving Notice
16.1.1 Notice shall be deemed to have been validly given if delivered in writing to the individual or member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to him who gives the notice. Notice shall be effective as of the date of personal service or mailing.
16.2 General
16.2.1 All moneys not paid when due hereunder shall bear interest at the rate of 7% annually.
16.2.2 All specifications, drawings, and copies thereof furnished by the ENGINEER/ARCHITECT shall be the property of City. They shall not be used on another project, and, with the exception of those sets that have been signed in connection with the execution of the Agreement, shall be returned to the City on request upon completion of the project.
16.2.3 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon Contractor by the General Conditions and the rights and remedies available to City and Project Manager thereunder, shall be in addition to, and shall not be construed in any other way as a limitation of, any rights and remedies available to them which are otherwise imposed or available by law, by special guarantee or by other provisions of the Contract Documents.
16.2.4 Should City or Contractor suffer injury or damage to his person or property because of any error, omission or act of the other or any of his employees or agents or others for whose acts he is legally liable, notice of said injury shall be made in writing to the City within five days of the first observance of such injury or damage.
16.2.5 The Contract Documents shall be governed by the laws of the State of California. In case any provision of the Contract Documents, including without limitation these General Conditions, shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any other way be affected or impaired.
16.2.6 No waiver by City of any provision of the Contract Documents, including without limitations these General Conditions, shall constitute a waiver of any other provision thereof.
16.2.7 The waiver of any instance is not a waiver in the second instance.
ARTICLE 17 - EQUAL OPPORTUNITY
17.1 The Contractor shall maintain policies of employment as follows:
17.1.2 The Contractor and all subcontractors shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. The Contractor shall take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to race, religion, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the policies of non- discrimination.
17.2 See also Federal, State, County, and City requirements in - SUPPLEMENTARY CONDITIONS.
SUPPLEMENTARY CONDITIONS
Statements and Payrolls
1.1 The Contractor and each subcontractor shall preserve his payroll records for a period of three years from the date of completion of this contract.
1.2 The Contractor shall submit weekly a copy of all payrolls to the Project Manager. The copy shall be accompanied by a statement signed by the employer or his agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those determined by the Department of Industrial Relations. The Contractor and subcontractor may use standard forms furnished by the Project Manager or any other form approved by the Project Manager. The Contractor shall be responsible for the submission of copies of payrolls of all subcontractors.
1.3 The payrolls and payroll records shall contain the full name, address and social security number of each employee, his correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid. They shall also indicate apprentices and ratio of apprentices to journeymen. The employees' address and social security number need only appear on the first payroll on which his name appears.
1.4 If, on or before the 20th of the month, the Contractor has not submitted satisfactory payrolls for all work performed during the monthly period ending on or before the 6th of that month, the Owner will retain an amount equal to 5 percent of the estimated value of the work performed during the month from the next monthly estimate, except that such retention shall not exceed $10,000 nor be less than $1,000. Retention for failure to submit satisfactory payrolls shall be additional to all other retention's provided for in this contract. The retention for failure to submit payrolls for any monthly period will be released for payment on the monthly estimate for partial payments next following the date that all the satisfactory payrolls for which the retention was made are submitted.
2. Accident Prevention
2.1 Precautions shall be exercised at all times for protection of persons (including employees) and property. These shall include, but not be limited to, installation of adequate safety guards and to safety precautions, including safety regulations of CAL-OSHA.
2.2 Where conditions of the work present unreasonable risk or death to persons, or property damage, in the judgment of the Owner, it may direct Contractor at his sole expense, to close down the work and not commence work again until the hazardous condition is eliminated.
2.3 Nothing herein shall be deemed to allow use of shoring, sloping or protective system less effective than that required by the Construction Safety Orders of CAL-OSHA.
3. Air Pollution - State Requirements
3.1 In connection with Public Contracts Code Section 10231, Contractor and his subcontractors shall comply with all air pollution control rules, regulations, ordinances, and statutes which apply to any work performed pursuant to the contract, including any air pollution control rules, regulations, ordinances, and statutes specified in Government Code Section 11017. Fugitive Dust Permit and construction emission dust/control plan will be required by the Tehama County Air Pollution Control District (TCAPCD). They advised that open burning without a permit is restricted.
4. Anti-Trust Claims
4.1 By execution of this contract, Contractor agrees to and does hereby assign to awarding body all right, title, and interest in and to all causes of action it may have under the Clayton Act (15 U.S.C.
Sec. 15) Section 4 or under the Cartwright Act (Business and Professions Code) Section 16700 et. seq., arising from purchases of goods, services, or materials made in performance of this contract.
The parties shall deem this assignment effective at the time of the tender of final payment to Contractor without further acknowledgment. Contractor shall include, or cause to be included, similar provision in any subcontract entered into for any part of the work of this contract.
5. Anti-Kick Back
5.1 The Contractor must comply with the provisions in the Copeland "Anti-Kick Back Act" (18 USC 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which he is otherwise entitled.
6. Equal Opportunity - Federal Requirements
6.1 Selection of Labor: During the performance of this contract, the Contractor shall not discriminate against labor from any other State, possession or territory of the United States.
6.2 Employment Practices: During the performance of this contract, Contractor agrees as follows:
a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contract will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Owner setting forth the provisions of this nondiscrimination clause.
b. The Contractor will, in all solicitation or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex or national origin. c. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Owner advising the said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations (41 CRF, Part 60) and relevant orders of the Secretary of Labor.
e. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations and order of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
f. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts of Federally-assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law.
g. The Contractor will include the provisions of this Section in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.
No otherwise qualified handicapped individual in the United States as defined in Section 7 (5) of the Rehabilitation Act of 1973 (P.L. 93-112) shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under this contract.
6.3 Air Pollution - Federal Requirements: The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970.
6.4 Assurance of Minority Business Enterprise Participation
6.4.1 The bidder's execution of the signature portion of this proposal shall also constitute execution of this assurance.
6.4.2 The bidder hereby gives assurance pursuant to the requirements of the code of federal regulations, that bidder has made a reasonable effort to employ Minority Business Enterprises.
Bidder further gives assurance that bidder will submit the documentation listing Minority Business Enterprises with which the bidder will subcontract if the contract is awarded to bidder and if bidder is unable to obtain MBE participation, of the steps bidder has taken to obtain MBE participation.
7. Fair Employment Practices - State Requirements
7.1 In connection with the performance of work under this contract, Contractor agrees as follows:
a. Contractor will not willfully discriminate against any employee or applicant for employment because of race, color, religious creed, physical handicap, medical condition, marital status, ancestry, sex or national origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provision of this Fair Employment Practices section.
b. Contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, a notice, to be provided by awarding authority, advising said labor union or workers' representative of Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
c. Contractor will permit access to his records of employment, employment advertisements, application forms and other pertinent data and records by the Fair Employment and Housing Commission, awarding authority or any other appropriate agency of the State of California designated by awarding authority for purposes of investigation to ascertain compliance with Fair Employment Practices section of this contract. d. A finding of willful violation of the Fair Employment Practices section of this contract or of the Fair Employment and Housing Act shall be regarded by awarding authority as a basis for determining Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's prequalification rating, ifany, and for refusing to establish, re-establish or re prequalification rating for the Contractor.
Contractor shall immediately notify Awarding Authority if it the Fair Employment and Housing Commission has determined that a complaint alleging that Contractor has violated the Fair Employment and Housing Act is valid. Contractor shall immediately provide to Awarding Authority any agreement Contractor entered into under Government Code section 12964 and immediately notify Awarding Authority of any civil action brought against Contractor pursuant to Government Code section 12964.
Awarding authority shall deem a finding of willful violation of the Fair Employment and Housing Act to have occurred upon receipt of notice any such notice from Contractor, the Fair Employment and Housing Commission, and or Superior or Federal Court.
Upon receipt of such written notice, Awarding authority shall notify Contractor that unless he demonstrates to the satisfaction of Awarding authority within a stated period that the violation has been corrected, his prequalification rating will be revoked at the expiration of such period.
e. Contractor agrees, that should the awarding authority determine the Contractor has not forfeit, for each calendar day, or portion thereof, for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such moneys may be recovered from Contractor.
Awarding authority may deduct any such damages from any moneys due Contractor from the State of California.
f. Nothing contained in this Fair Employment Practices Section shall be construed in any manner or fashion so as to prevent awarding authority of the State of California from pursuing other remedies that may be available at law.
Nothing contained in this Fair Employment Practices section shall be construed in any manner or fashion so as to require or permit hiring of an employee not permitted by the National Labor Relations Act.
g. Prior to award of the contract, Contractor shall certify to awarding authority that he has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by awarding authority:
(1) Contractor shall provide evidence, as required by the awarding authority, that he has notified all supervisors, foremen, and other personnel officers in writing of the content of the anti-discrimination clause and their responsibilities under it. (2) Contractor shall provide evidence, as required by awarding authority, that he has notified all sources of employee referrals (including unions, employment agencies, advertisements, Department of Employment Development) of the content of the anti- discrimination clause.
(3) Personally, or through his representative, Contractor shall, through negotiations with unions with whom he has agreements, attempt to develop an agreement, which will:
(a) Spell out responsibilities for non-discrimination in hiring, referral, upgrading and training.
(b) Otherwise implement an affirmative anti-discrimination program in terms of the unions' specific areas of skill and geography, to the end that qualified minority workers will be available and given equal opportunity for employment.
Contractor shall notify contracting agency of opposition to the anti-discrimination clause by individuals, firms or organizations during the period of its prequalification. h. Contractor shall include the provisions of the foregoing paragraphs (a) through (g) in every first tier subcontract, so that such provisions will be binding upon each such subcontractor.
8. Additional Division of Labor Standards Enforcement Requirements
8.1 On each job site that is subject to compliance monitoring and enforcement by the Department of Industrial Relations, the prime contractor is required to post job site notices prescribed by regulation (See 8 Calif. Code Reg. §16451(d).
8.2 All contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (AKA Division of Labor Standards Enforcement) in compliance with California Labor Code Section 1776, with exceptions as specified in Labor Code section 1771.4(a)(4)..
DIVISION 01 - GENERAL REQUIREMENTS
TABLE OF CONTENTS
Division 1 - General Requirements
Reference Standards
Project Meetings
Construction Schedule
Testing Laboratory Services
Temporary Facilities
Security and Protection
01590 Temporary General Services
01600 Material and Equipment / Substitution:
01700 Project Closeout
01720 Record Documents
General Requirements Page 1 of 42
SECTION 01090
REFERENCE STANDARDS
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Quality assurance.
B. Schedule of references.
1.02 RELATED SECTIONS
A. Standards as noted in individual Sections of these Specifications.
1.03 QUALITY ASSURANCE
Contractor shall:
A. For products or workmanship specified by association, trade, or Federal Standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes.
Conform to reference standard by date of issue current on date of Contract Documents, unless specifically noted.
Obtain copies of standards when required by Contract Documents.
D. Maintain a copy of the applicable reference standards at jobsite during submittals, planning, and progress of the specified work, until Substantial Completion.
Should specified reference standards conflict with Contract Documents, request clarification from the City before proceeding.
The contractual relationship of the parties to the Contract shall not be altered from the Contract Documents by mention or inference otherwise in any reference document
1.04 SCHEDULE OF REFERENCES
AA Aluminum Association
818 Connecticut Avenue, N.W.
Washington, DC 20006
AABC Associated Air Balance Council
1000 Vermont Avenue, N.W.
Washington, DC 20005
AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, N.W.
Washington, DC 20001
ACI American Concrete Institute
Box 19150
General Requirements Page 2 of 42
Reford Station
Detroit, MI 48219
AI Asphalt Institute
Asphalt Institute Building
College Park, MD 20740
AlA American Institute of
ENGINEER/ARCHITECTS 1735
New York Avenue, N.W.
Washington, DC 20006
AICS American Institute of Steel Construction
400 North Michigan Avenue
Eighth Floor Chicago,
IL 60611
AISI American Iron and Steel Institute
1000 16th Street, N.W.
Washington, DC 20036
AITC American Institute of Timber Construction
333 W. Hampden Avenue
Englewood, CO 80110
ANSI American National Standards Institute
1430 Broadway
New York, NY 10018
APA American Plywood Association
Во 11700
Tacoma, WA 98411
ARI Air-Conditioning and Refrigeration Institute
1501 Wilson Boulevard
Arlington, VA 22209
ASHRAE American Society of Heating, Refrigerating and Air Conditioning Engineers 1791 Tullie Circle, N.E.
Atlanta, GA 30329
ASME American Society for Testing and Materials
1916 Race Street
Philadelphia, PA 19103
AWPA American Wood-Preservers' Association
7735 Old Georgetown Road
Bethesda, MD 20014
AWS American Welding Society
550 LeJeune Road, N.W.
Miami, FL 33135
AWWA American Water Works Association
666 West Quincy Avenue
Denver, CO 80235
General Requirements Page 3 of 42
CLEMI Chain Link Fence Manufacturers Institute
1101 Connecticut Avenue, N.W.
Washington, DC 20036
CRSI Concrete Reinforcing Steel Institute
933 Plum Grove Road Schaumberg,
IL 60195
DHI Door and Hardware Institute
7711 Old Springhouse Road
McLean, VA 22102
FGMA Flat Glass marketing Association
3310 Harrison
White Lakes Professional Building
Topeka, KS 66611
FM Factory Mutual System
1151 Boston-Providence Turnpike
P.O. Box 688 Norwood,
MA 01062
FS Federal Specification
General Services Administration
Specifications and Consumer Information
Distribution Section (WFSIS)
Washington Navy Yard, Bidg. 197
Washington, DC 20407
GA Gypsum Association
1603 Orrington Avenue
Evanston. IL 60201
ICBO International Conference of Building Officials
5360 S. Workman Mill Road
Whittier, CA 90601
IEEE Institute of Electrical and Electronics Engineers
345 East 47th Street
New York, NY 10017
MFMA Maple Flooring Manufacturers Association
60 Rivere Drive
Northbrook IL 60062
MIL Military Specification
Naval Publications and Forms Center
5801 Tabor Avenue
Philadelphia, PA 19120
ML/SFA Metal Lath/Steel Framing Association
221 North LaSalle Street
Chicago, IL 60601
NCMAR National Concrete Masonry Association
P.O. Box 781
Herndon, VA 22070
General Requirements Page 4 of 42
NEBB National Environmental Balancing Bureau
8224 Old Courthouse Road
Vienna, VA 22180
NEMA National Electrical Manufacturers' Association
2101 "L" Street, N.W.
Washington, DC 20037
NFPA National Fire Protection Association
Battery March Park
Quincy, MA 02269
PCA Portland Cement Association
5420 Old Orchard Road
Skokie, IL 60077
PS Product Standard
U.S. Department of Commerce
Washington, DC 20203
RIS Redwood Inspection Service
One Lombard Street
San Francisco, CA 94111
ROSHSB Red Cedar Shingle and Handsplit Shake Bureau
515 116th Avenue
Bellevue, WA 98004
SDI Steel Deck Institute
P.O. Box 9506
Canton, OH 44711
SDI Steel Door Institute
712 Lakewood Center North
14600 Detroit Avenue
Cleveland, OH 44107
SIGMA Sealed Insulating Glass Manufacturers Association 111 East Wacker Drive
Chicago, IL 60601
SMACNA Sheet Metal and Air Conditioning Contractor's National Association 8224 Old Court House Road
Vienna, VA 22180
TCA Tile Council of America, Inc.
Box 326
Princeton, NJ 08540
UL Underwriters' Laboratories Inc.
333 Pfingston Road
Northbrook, IL 60062
WIC Woodwork Institute of California
1331 T Street
Sacramento, CA 95807
General Requirements Page 5 of 42
WCLIB West Coast Lumber Inspection Bureau
6980 S.W. Varns Road
Box 23145
Portland, OR 97223
WIPA Western Wood Products Association
1500 Yeon Building
Portland, OR 97204
1.05 SCHEDULE OF GOVERNING CODES
A. See Drawings for a list of applicable codes and regulations which shall govern, except where otherwise indicated.
B. Refer to individual Specification Sections for additional codes and regulations which shall apply to the individual Work of said Sections.
PART 2 - PRODUCTS
Not Used.
PART 3 - EXECUTION
All work shall be done in accordance with governing codes. A copy of each shall be kept at the jobsite at all times.
END OF SECTION
General Requirements Page 6 of 42
SECTION 01200
PROJECT MEETINGS
1.01 GENERAL
A. Meetings:
Project Manager will schedule regular project meetings as required. Contractor shall attend with appropriate staff, subcontractors, and suppliers.
2. Meetings shall include, but not be limited to:
a. Pre-construction conference
b. Work progress.
c. Schedule and coordination.
d. Payment review.
e. Changes in the work.
f. Pre-installation.
B. Administration: Project Manager will prepare agenda, conduct meetings, and distribute recorded proceedings and decisions to meeting participants and affected persons. c. Project Manager and ENGINEER/ENGINEER/ARCHITECT: Will attend each meeting.
D. Space and Facilities: By Contractor at job site except Pre-construction Conference by Project Manager.
1.02 PRE-CONSTRUCTION CONFERENCE
With Contractor and subcontractors, within 10 days after Notice to Proceed. Time as determined by Project Manager.
1.03 PROGRESS MEETING
A. General: Not less than once a month on a regular, scheduled basis.
Attendance: Project Manager, Owner, ENGINEER/ENGINEER/ARCHITECT, Contractor, and subcontractors, sub- subcontractors, suppliers and others as required by the Project Manager.
1.04 GUARANTEE, BONDS, SERVICE AND MAINTENANCE CONTRACTS MEETING General: Eleven months following date of final acceptance, meet to review guarantees, bonds, and service and maintenance contracts for materials and equipment.
Action: Repair or replace defective work. Extend service and maintenance contracts as desired.
ENGINEER/ENGINEER/ARCHITECT, Contractor,
1.05 SPECIAL
Called by Project Manager as warranted by developed conditions.
END OF SECTION
General Requirements Page 7 of 42
SECTION 01300
SUBMITTALS
1.01 SECTION INCLUDES
A. Submittal procedures.
B. Construction progress schedules.
C. Schedule of Values.
D. Submittals and Shop Drawings.
E. Product Data.
F. Samples.
G. Mock-Ups.
H. Manufacturers' instructions.
I. Manufacturers' certificates.
1.02 RELATED SECTIONS
A. Section 1039 - Coordination and Meetings
B. Section 01310 - Construction Schedule
C. Section 01400 - Quality Control: Manufacturers' field services and reports.
Section 01600 - Material and Equipment / Substitutions.
E. Section 01700 - Contract Closeout: Contract warranty and manufacturer's certificates closeout submittals.
1.03 SUBMITTAL PROCEDURES
A. Timing:
1. Make submittals within the times specified herein. Do not submit all at one time.
Submit in accordance with the sequence of procurement, fabrication and construction.
2. Make submittals far enough in advance of scheduled dates of installation to allow the time required for reviews, for securing necessary approvals, for possible revision and resubmittal, and for placing orders and securing delivery.
Identification:
Identify each submittal and resubmittal with the following information:
a. Project name and address as they appear on the Contract Documents.
General Requirements Page 8 of 42
b. Contract name and number.
C. Contractor's name and address.
d. Date of submission.
e. Numbering System: Submittals shall be identified by specification section (i.e., 02810-001, 07210-001, 11191-001, etc.) Any resubmittals shall be numbered sequentially according to the original submittal section, followed by f. Reference: List Specification Section number and product reference as a cross-reference for each submittal.
Identify each submittal with the following additional identification:
a. Contractor's stamp with initials or signature, certifying to review of submittal, compliance with Contract Documents, and coordination with other impacted work, and verification of field measurements. The ENGINEER/ARCHITECT will return any submittal not bearing this stamp without being reviewed. b. Drawing and Specifications SECTION numbers to which the submittal applies.
c. Subcontractor's or suppliers name and address.
d. Name and telephone number of the individual to contact for additional information regarding the submittal.
e. Whether it is an original or a resubmittal.
Coordination of Submittals:
General: Prior to submittal for the ENGINEER/ARCHITECT's or consultant's review, as applicable, fully coordinate material as follows:
a. Determine and verify field dimensions and conditions, materials, catalog numbers, and similar data.
Coordinate shop drawing submittals with previously issued Addenda and Information Bulletins.
Coordinate with the various types of Work, and public agencies involved. d. Secure necessary approvals from public agencies and others and signify by stamp, or other means, that approvals have been secured. e. Unless otherwise specifically permitted by the ENGINEER/ARCHITECT, make submittals in groups containing all associated items.
2. Completeness: Submittals shall be complete; partial submittals will be rejected for not complying with the Contract Documents.
D. Coordinate preparation and processing submittals with performance of construction activities.
General Requirements Page 9 of 42
Make submittals in groups containing associate items to ensure that information is available for checking each item when received.
a. Partial submittals may be rejected as not complying with requirements of Contract documents and Contractor shall be liable for any resulting delays.
2. Requests for deviation from Contract Documents shall be submitted for consideration before submittal of affected items. Only deviations, which have been previously accepted in writing, shall be included in submittals.
E. Place permanent label or title block on each submittal for identification. Indicate name or entity preparing each submittal in label or title block. See Paragraph 1.01.C herein for further information requirements on each submittal label or title block
1. Provide space on label or beside title block to record Contractor's and ENGINEER/ARCHITECT's review and approval markings and action taken.
Contractor's Review:
1. Review submittals for accuracy, completeness, and conformity with Contract Documents.
a. Submittal shall be construed as stipulating Contractor has thoroughly and completely reviewed, and coordinated data.
Submittals that indicate less than Contractor's full compliance will be returned without action.
c. Delays caused by failure to comply will not be acceptable basis for extension of Completion Time.
G. Allow sufficient review time so that installation will not be delayed as a result of the time required to process submittals, including time for resubmittals.
H. Package each submittal appropriately for transmittal and handling.
I. Project ENGINEER/ARCHITECT's Review:
Submittals are reviewed for general conformance with design concept and general compliance with information given in Contract Documents only.
2. Review of separate item shall not indicate acceptance of assembly of which item is part.
J. Review shall not relieve Contractor from responsibility for errors or deviations from requirements of Contract Documents.
K. Submittal Log: Maintain accurate submittal log for duration of Contract. Indicate current status of all submittals at all times. Make submittal log available for the Project Manager's review upon request.
L. Resubmittals:
Subject to same terms and conditions as original submittal.
Project ENGINEER/ARCHITECT will accept not more than one resubmittal.
General Requirements Page 10 of 42
Should additional resubmittals be required, Contractor shall reimburse Owner for Project ENGINEER/ARCHITECT's account for time spent in processing
General Requirements Page 11 of 42
additional resubmittals at rate of 2.5 times rate of Direct Personnel Expense (DPE). Direct Personnel Expense is defined as direct salaries of Project ENGINEER/ARCHITECT's personnel engaged on Project and portion of costs of mandatory, and customary contributions and benefits related thereto, including employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions, and similar contributions and benefits.
3. Claims will not be considered for Contractor's additional time or expense associated with resubmittals.
M. Revisions:
1. Make only those revisions required or accepted by Project ENGINEER/ARCHITECT.
2. Identify all changes made since previous submittal.
N. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions.
O. Review or approval of any of the Contractor's submittals shall not relieve the Contractor of any of his/her responsibilities under the Contract for the successful completion of the Work in conformity with the requirements of the Drawings and Specifications. Any such review or approval shall not serve to waive any of the requirements of the Drawings or Specifications, nor to relieve the Contractor of any obligation thereunder. Defective, sub-standard, or non- complying work, materials, or equipment may be rejected, notwithstanding their previous review and/or approval.
P. Special Submittals: In addition to submittals required by the Contract Documents, Contractor shall submit the following:
Submittals required by governmental authorities and agencies of jurisdiction, as applicable.
Q. Substitutions: Refer to Section 01600.
1.04 CONSTRUCTION PROGRESS SCHEDULES
A. Refer to Section 01310.
1.05 SCHEDULE OF VALUES
A. Submit a typed schedule on AlA Form G703 or other approved 8-1/2" × 11" format; Contractor's standard media-driven printout will be considered on request.
Format: Table of Contents of Volume 2 Specifications, with modifications as may be directed by Owner; identify each line item with number and title of major Specification sections.
Include in each line item a directly proportional amount of contractor general conditions, overhead, and profit.
D. Revise schedule to list change orders for each Application for Payment.
General Requirements Page 12 of 42
1.06 SHOP DRAWINGS, PRODUCT DATA, SAMPLES, AND OTHER SUBMITTALS A. General:
1. Submit only as required by the various Specification SECTIONS. Do not submit shop drawings, product data, samples or other submittals, unless specifically required.
2. Submit in accordance with the accepted submittal schedule. Send copies of transmittals to the Owner.
3. Submit in the manner and quantities specified hereinafter. submittal cannot be reviewed and returned within 15 working days, the ENGINEER/ARCHITECT will develop with the Contractor a timely "turn-around" that will not impact the construction schedule.
Shop Drawings:
Submit in the quantity required to be returned, together with 2 additionalcopies of black-line or blue-line prints.
2. The ENGINEER/ARCHITECT or his consultants, as applicable, will review the Shop Drawings; mark the drawings with required revisions; stamp the drawings and indicate "No Exceptions Noted," "Furnish as Corrected," "Revise and Resubmit," or "Rejected," and return the drawings. "Revise and Resubmit" or "Rejected" stamps shall not be construed by the Contractor as a valid reason for an extension oftime.
3. Review the returned drawings and take appropriate action as indicated. a. If drawings are marked "Revise and Resubmit," make revisions and indicate them with a "cloud," stamp and date, and resubmit in the same manner and number as for the original submittal.
b. If drawings are marked "Rejected," make a new submittal and submit in the same manner and number as for the original submittal.
c. If drawings are marked "No Exceptions Noted" or "Furnish as Corrected", print and distribute copies for Owner and Inspector, as well as those required for Contractor and Subcontractors.
4. The ENGINEER/ARCHITECT or his consultants, as applicable, may review at their ENGINEER/ARCHITECT or his consultants, as applicable, and willbe processed as a deductive Change Order in accordance with the GENERAL CONDITIONS anc SUPPLEMENTARY CONDITIONS.
As with the original submittal, review the returned drawings and take appropriate action as indicated. As specified hereinabove, resubmit and revise until final action by the ENGINEER/ARCHITECT or his consultants, as applicable. Final action is signified by the markings "No Exceptions Noted," or "Furnish as Corrected," on the returned drawings.
General Requirements Page 13 of 42
6. Following final action by the ENGINEER/ARCHITECT or his consultants, as applicable, the Contractor shall make copies and distribute as required for accomplishment and inspection of the indicated Work.
Only those Shop Drawings which bear stamps showing final review of the Contractor, ENGINEER/ARCHITECT, or the ENGINEER/ARCHITECT's consultants, applicable, shall be used.
Reproduction and Mailing Costs: The Contractor shall pay the reproduction and mailing costs of reproducibles and all prints.
9. a. Preparation of coordination Drawings is specified in Section 01040 "Project Coordination" and may include components previously shown in detail on Shop Drawings or Product Data.
Submit coordination Drawings for integration of different construction elements. Show sequences and relationships of separate components to avoid conflicts in use of space.
Product Data:
Submit in the quantity required to be returned, together with two additional copies each of brochures, catalog cuts, and similar material.
2. Collect Product Data into a single submittal for each element of construction or system. Product Data includes printed information such as manufacturer's installation instructions, catalog cuts, standard color charts, rough-in diagrams and templates, wiring diagrams and performance curves. Where Product Data must be specially Drawired because standard printed data is not suitable for use, submit as "Shop a. Submit number of copies which Contractor requires, plus four copies which will be retained.
b. Mark each copy to show applicable choices and options. Where printed Product Data includes information on several products, some of which are not required, mark copies to indicate the applicable information. Include the Manufacturer's printed recommendations
2. Compliance with recognized trade association standards Compliance with recognized testing agency standards
4. Application of testing agency labels and seals
Notation of dimensions verified by field measurement
Notation of coordination requirements
c. Do not submit Product Data until compliance with requirements of the Contract Documents has been confirmed.
3. Review and processing of Product Data shall be the same as that for Shop Drawings.
General Requirements Page 14 of 42
Samples:
Submit in the size specified in the individual Specification SECTIONS, and in the quantity required to be returned to the Contractor, together with two additional Samples, which will be retained by the ENGINEER/ARCHITECT or his consultants,
2. Ship samples to the ENGINEER/ARCHITECT's office, carriage prepaid.
3. Submit samples to illustrate functional and aesthetic characteristics of Product, with integral parts and attachment devices. Coordinate sample submittals for interfacing
4. Preliminary Submittals:
a Spes alo de cole, alert ail et ure of is tar chator pro art.
Preliminary submittals will be reviewed and returned with Project ENGINEER/ARCHITECT's mark indicating selection and other action. c. ENGINEER/ARCHITECT reserves right not to make individual determination orselections until all samples of all materials are submitted.
Submit samples of all selected colors, patterns, textures or other similar characteristics as selected by Project ENGINEER/ARCHITECT.
Submit number of samples required by Contractor plus three that will be retained. a. Where variation in color, pattern, texture or other characteristics are inherent in material or product, submit multiple units (not less than 3), that show approximate limits of variations.
b. Accepted samples will form standard of comparison for finished Work. c. Defects, and deviations in excess of those in accepted samples, are unacceptable and are subject to rejection of completed Work.
6. Include identification on each sample, with full Project information, including:
a. Project name and location
b. Manufacturer and supplier
c. Name, finish, and composition of material
d. Location where material is to be used
e. Specification Section number.
7. Reviewed samples which may be used in the Work are indicated in individual specification sections.
8. Field Samples: Provide field samples as required by individual sections. Install samples in locations as directed, completed and finished.
E. Other Submittals: Submit as specified in the individual Specification Sections.
1. Distribute after review.
General Requirements Page 15 of 42
2. Unless specifically authorized in advance by the Owner, no fabrication or installation of any Product, material, component, or system of the Project shall begin until the specific submittals and shop drawings therefore (and/or other required submittal items, as may be applicable) have been reviewed by the ENGINEER ARCHITECT, and returned to the Contractor with indication that no exception is taken, or that the subject Work may be furnished as corrected on the shop drawings.
3. The Contractor shall inform each of his/her subcontractors and suppliers of the various requirements found throughout the Specifications concerning the submissior of shop drawings and related submittals for review by the ENGINEER/ARCHITECT.
4. Submittals and shop drawings prepared by the Contractor or his/her subcontractors or suppliers for submission to the ENGINEER/ARCHITECT shall be checked by the Contractor before submission. In particular, the Contractor shall ascertain that the submittals and shop drawings meet all requirements of the Contract Documents and conform to the actual dimensions and conditions at the job site. Contractor shall be fully responsible for observing the need for and making any changes required by the equipment Contractor proposes to supply. If the submittals and shop drawings show variations from Contract Drawings or Specifications, whether because of standard practice or other reasons, the Contractor shall make special mention thereof in rate of to reason i his/her letter of transmittal; if no specific mention of such variation is made the Contractor will not be relieved of the responsibility for completing the work in full accordance with the Contract Documents, even though such shop drawings are noted "REVIEWED", "NO EXCEPTIONS TAKEN", or similar notation by the ENGINEER/ARCHITECT.
5. Submittals and shop drawings shall be drawn to scale, shall show all necessary working and final dimensions and such details, sections, plans, and elevations (all properly cross-referenced to the Contract Drawings) as are necessary to clearly delineate arrangements, construction, and connection with other Work; and shall illustrate all Work contiguous with and having a bearing on Work indicated.
Submittals and shop drawings shall indicate the Project name, the names of the Contractor and the subcontractor, the name or description of the equipment or articles shown, the manufacturers' names, and the kinds, types, grades, thickness, and finishes of materials or equipment to be installed in the work. Marked up copies of standard or "generic" product data, catalog cuts, manufacturer's drawings, etc... showing non-Project-specific conditions will not be acceptable, unless their specific application to the Project is clearly indicated.
6. Manufacturers' brochures shall be acceptable for submittals, provided that they comply with the requirements listed above and with applicable Sections of the Seineate what if Deing submite brechures are used, they shall clearly and explicity
7. Timeliness: Submittals and shop drawings shall be submitted in such time as to cause no delay in the orderly progress of Work, layout, or fabrication under the shall be made for checking by the
ENGINEER/ARCHITECT and such correcting, resubmission and re-checking as may be necessary.
8. General Requirements Page 16 of 42
1.07 MOCK-UPS
A. Provide as required by individual Sections of the Specifications.
B. Refer also to Section 01400, Quality Control.
1.08 MANUFACTURER'S INSTRUCTIONS
When specified in individual Specification Sections, submit manufacturers' printed structions for delivery, storage, assembly, installatic , start-up, adjusting, an finish, in uantities specified for Product Dat
B. Identify conflicts between manufacturers' instructions and Contract Documents.
1.09 MANUFACTURER'S CERTIFICATES
A. Woes ferre, in guate specie for Pride bait manufacturers certificate to the ndicate that material(s) or Products) conform to or exceed specified requirements. Subm upporting reference data, affidavits, and certifications, as appropriate Certificates may be recent or previous test results on material or Product, but must be acceptable to Owner.
END OF SECTION
General Requirements Page 17 of 42
SECTION 01310
CONSTRUCTION SCHEDULE
1.01 SCOPE
A. The work under this section consists of the planning, scheduling and reporting procedures equired in conjunction with the progress of the work. It is the intent that the Contractor shal develop a schedule-demonstrating fulfillment of all contract requirements. The levels of detai and submittal procedures are described hereinafter.
B. The schedule shall be updated a minimum of once a month at a joint meeting with the Project Manager, General Contractor and required subcontractors.
Development and maintenance of the construction schedule and supplementary information as detailed hereinafter is the responsibility of the Contractor.
The Contractor shall use the accepted schedule at all times in planning, coordinating and performing the work under this contract including all activities of the subcontractors, vendors and suppliers.
1.02 THE COMPLETE PROJECT SCHEDULE
A. Within 10 working days after receipt of Notice to Proceed, the Contractor shall submit the schedule in accordance with all requirements of this section. The schedule shall reflect the Contractor's approach to scheduling the COMPLETE project, including all submittals; procurement and all required testing and operational requirements called for elsewhere in the documents.
B. Within 5 working days after receipt of the schedule, the Project Manager will meet with the Contractor for joint review, correction or adjustment of the proposed schedule. Within five (5) working days after the joint review, the Contractor shall if necessary revise and shall resubmit the COMPLETE Schedule to the Project Manager. The resubmission will be reviewed by the Project Manager, and, if found to be as previously agreed upon, will be accepted.
The accepted schedule shall constitute the project work schedule until subsequently revised in accordance with requirements of this section.
1.04 SCHEDULE REQUIREMENTS
A. The schedule shall show the sequence and interdependence of activities required for complete performance of all items of work under the contract or portion thereof B. The Contractor shall submit the following supporting data with the submittal of his original CPM construction schedule:
The proposed number of working days per week.
The holidays to be observed during the duration of the contract (by day, month and year).
3. The planned number of shifts per day.
4. The number of hours per shift.
General Requirements Page 18 of 42
5. The planned usage of major construction equipment on the site, on a monthly basis.
6. The average weekly manpower usage for each trade to be employed on the project.
Any changes to the above information shall be submitted with successive updates and revisions.
To the extent that the schedule or any revised schedule shows anything not jointly agreed upon, it shall be deemed to have not been accepted by the Project Manager. Failure to include any element of work required for the performance of this contract shall not excuse the Contractor from completing all work required within any applicable completion date of each phase notwithstanding the Project Manager's acceptance of the schedule.
1.05 ACTIVITY COST DATA
A. The contractor shall furnish the Project Manager with a cost allocation (schedule of values) totaling to the contract amount, for all items detailed in the schedule. The Project Manager will prepare a Payment Request form this allocation. Once accepted by the Project Manager, the Payment Request form will become the basis for determining the progress payments for the balance of the project and the Contractor must submit his monthly Payment Request based upon progress reported on this form. No payment will be made unless supported by this Payment Request form completed to show monthly progress.
B. The cost distribution may include cost for delivered equipment and material and the Project Manager will pay for only such items as identified elsewhere in these Contract Documents. All costs represented will include a pro rata distribution for overhead and profit: No separate item shall be shown for overhead and profit
C. Where the work of several trades is combined into one activity, the Contractor shall furnish for each such combined activity the cost breakdown of each trade on sheets separate from the network diagram. The sum of the costs for each trade shall equal the total dollar value of each such combined activity.
D. Revisions to the schedule may require reallocation of costs. Revised activity cost data shall be submitted with revised Schedules as necessary, and a revised Payment Request form will be provided after approval of revised cost allocations.
1.06 PROGRESS REPORTING, UPDATING, AND REVISIONS
A. On a date mutually agreed upon by the Project Manager and the Contractor, a job site progress meeting will be held each month at which time the schedule will be reviewed anc updated. Attendees of this meeting shall include the Project Manager, the General Contractor and subcontractors if requested by the Project Manager. The Contractor shall have his copy of the Payment Request form and all other data required by the Contract Documents accurately filled in and completed prior to this meeting. Job progress and the Schedule will be reviewed to verify:
Payment due to the Contractor based on percentage complete of items in the submitted Payment Request form.
Logic, time and cost data for change order work that is to be incorporated into the schedule or Payment Request form.
Status of as-built record drawings and as-built record specifications.
B. The Contractor shall submit a narrative report as a part of his monthly progress review and update in a form agreed upon by the Contractor and the Project Manager.
General Requirements Page 19 of 42
The narratitue start and frish date
Actual start and finish dates of activities completed during update period since the last accepted revision.
2. Explanation of all changes in logic or in the scheduled work sequence, in durations, manpower and equipment.
3. A description of the critical path for the remainder of the project.
4. An explanation of corrective action taken or proposed.
After each monthly update or revision, the Contractor shall submit to the Project Manager on omplete schedule showing all revisions and changes in accordance with the monthly reviel meeting.
D. Within five (5) working days after receipt of notice from the Project Manager, the Contractor shall submit a revised Schedule for any of the following reasons:
When delay in completion of any activity or group of activities indicates an overrun of the contract time or milestone requirement, by 20 working days or ten percent (10%) of the remaining duration, whichever is less.
Delays in submittals or deliveries or work stoppage are encountered which make replanning or rescheduling of the work necessary.
3. The schedule does not represent the actual prosecution and progress of the project as being performed in the field.
Acceptance of any revised Schedule and all supporting data is contingent upon compliance with all other paragraphs of this section and any other previous agreements or requirements with or by the Project Manager.
F. The cost of revisions to the Schedule resulting from contract changes shall be included in the cost for the change in work, and shall be based on the complexity of the revisions or contract change, man-hours expended in analyzing the change, and the total cost of the change.
1.07 RESPONSIBILITY FOR COMPLETION
A. The Contractor agrees that whenever it becomes apparent from the monthly progress review meeting or the schedule that contract completion dates will not be met, he shall take some or all of the following action at no additional cost to the Owner:
2. Increase the number of working hours per shift, shifts per working day, workdays per week, the amount of construction equipment or any combination of the foregoing, to bring the scheduling and progress of the work into conformance with all requirements Reschedule the work under this contract in conformance with all other contract requirements to demonstrate completion of the contract work within the contract time.
General Requirements Page 20 of 42
1.08 ADJUSTMENT OF THE CONTRACT TIME
A. The contract time will be adjusted only for causes specified in the Contract Documents. In the of time under the provisions of the contract. Submissions of proof based on revised activity B. The Contractor shall submit each request for an adjustment in the contract time to the Project Manager in accordance with all other requirements of the Contract Documents. The Contractor shall include, as part of each request:
Justification for the delay in narrative form.
2. A subnetwork showing all CPM logic revisions, duration changes, and cost changes, for the work in question and its relationship to other activities on the Schedule.
C. The schedule must clearly display that the Contractor has used, in full, all the float time available for the work involved in this request. Actual delays in activities, which according to the schedule, do not affect the critical path work in the Schedule, will not be the basis for an adjustment to the contract time.
D. The Project Manager's determination as to the adjustment of the contract time shall be based upon the latest schedule that has been accepted at the time of the alleged delay and all other relevant information. The Contractor shall submit with every request, an updated Schedule whenever the actual field progress of the work does not conform to the accepted schedule in force at the time of the alleged delay. The data if approved by the Project Manager shall be included in the next monthly updating of the schedule.
E. The Project Manager shall, within a reasonable time after receipt of a request for extension of the contract time and supporting evidence, review the facts and shall advise the Contractor, in writing of his decision.
When the Project Manager has not yet made a final determination as to the adjustment of the contract time, and the parties are unable to agree as to the amount of the adjustment to be reflected in the Schedule, the Contractor shall reflect that amount of time adjustment in the Schedule as the Project Manager may determine to be appropriate for interim purposes. It is understood and agreed that any such interim determination by the Project Manager shall not be binding and shall be made only for the purpose of continuing to schedule the work unti such time as the Project Manager has made a final determination as to any adjustment of the contract time. The Contractor shall revise the Schedule prepared thereafter in accordance with the final decision.
END OF SECTION
General Requirements Page 21 of 42
SECTION 01400
QUALITY CONTROL
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Quality assurance and control of installation.
B. References.
C. Field samples.
D. Mock-ups.
E. Inspection Services.
F. Manufacturer's field services and reports.
1.02 RELATED SECTIONS
A. Section 01090 - Reference Standards.
B. Section 01300 - Submittals.
C. Section 01410 - Testing Laboratory Services.
D. Section 01600 - Material and Equipment / Substitutions: Requirements for material and product quality.
1.03 QUALITY ASSURANCE/CONTROL OF INSTALLATION
Contractor shall:
A. Monitor quality control over sub-contractors, suppliers, manufacturers, Products, services, site conditions, and workmanship, to produce Work of highest quality.
B. Comply fully with manufacturer's instructions, including each step in sequence.
Should manufacturers instructions conflict with Contract Documents, request clarification from the ENGINEER/ARCHITECT before proceeding.
Comply with specified standards as a minimum quality for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship.
Perform work by persons qualified to produce workmanship of specified quality.
Secure Products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion or disfigurement.
1.04 REFERENCES
A. Conform to reference standard by date of issue current on date of Contract Documents.
General Requirements Page 22 of 42
B. Contractor shall obtain copies of standards when required by Contract Documents.
Should specified reference standards conflict with Contract Documents, Contractor shall request clarification from ENGINEER/ARCHITECT before proceeding.
D. The contractual relationship of the parties to the Contract shall not be altered from the Contract Documents by mention or inference otherwise in any reference document.
1.05 FIELD SAMPLES
A. Contractor shall install field samples at the site as required by individual specification Section for review
B. Acceptable samples represent the minimum required quality level for the Work.
C. Where field sample is specified in individual Sections to be removed, clear area after field sample has been accepted by ENGINEER/ARCHITECT.
1.06 MOCK-UPS
A. Contractor shall assemble specified items, complete, with specified attachment and anchorage devices, seals, and finishes, as applicable.
B. Vera rock up is pried is indiceal So into e rene reactor sal der th
1.07 INSPECTION SERVICES
A. The City will provide services of a person or persons to perform inspection of the Project.
Contractor shall:
Notify City at least 48 hours prior to expected time for operations requiring specific inspection.
Make arrangements with City's inspectors) and pay for additional samples and tests required for Contractor's use.
1.08 MANUFACTURERS' FIELD SERVICES AND REPORTS
Contractor shall:
A. When specified in individual Specification Sections, require material or Product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, test, adjust, and balance of equipment and as applicable, and to initiate instructions when necessary.
B. Submit qualifications of observer to Project Manager 30 days in advance of required observations. The observer is subject to approval of City. c. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions.
D Submit report in duplicate within 30 days of observation to Project Manager for review.
END OF SECTION
General Requirements Page 23 of 42
SECTION 01410 TESTING LABORATORY SERVICE
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Selection and payment.
B. Contractor submittals.
C. Laboratory responsibilities.
D. Laboratory reports.
E. Limits on testing laboratory authority.
Contractor responsibilities.
G. Schedule of inspections and tests.
1.02 RELATED SECTIONS
A. Division 00 - Contract Conditions (General Provisions Paragraph 4-07).
B. Section 01090 - Reference Standards.
Section 01300 - Submittals: Manufacturer's certificates.
D. Section 01700 - Contract Closeout: Project Record Documents.
Drawings and individual Specification Sections: Inspections and tests required, and standards for testing.
1.03 REFERENCES
A. ANSI/ASTM D3740 - Practice for Evaluation of Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction.
ANSI/ASTM E329 - Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction.
General Requirements Page 24 of 42
1.04 LABORATORY RESPONSIBILITIES
All concrete mixes are to be submitted for approval and the maximum slump shall be 4 inches unless otherwise approved. Concrete cylinders (3) will be taken for each type of pour. Th contractor has to hire a firm to test the cylinders at 7, 14, and 28 days. The contractor is t submit mix designs for approval.
1.05 CONTRACTOR RESPONSIBILITIES
Contractor shall:
Deliver to laboratory at designated location, adequate samples of materials proposed to be used which require testing, along with proposed mix designs.
Cooperate with laboratory personnel and provide access to the Work and to manufacturer's facilities.
D. Notify Inspector and laboratory 24 hours prior to expected time for operations requiring inspection and testing services.
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
3.01 SCHEDULES OF INSPECTIONS AND TESTS
A. As required by individual Specification Sections.
B. As required by Drawings.
END OF SECTION
General Requirements Page 25 of 42
SECTION 01500
TEMPORARY FACILITIES
1.01 GENERAL
A. Provide temporary facilities as shown or specified and as required to complete the work per Contract Documents.
B. Providing temporary facilities is the Contractor's sole responsibility, and is not limited to the minimums established by the requirements hereof. Except as otherwise indicated, the use of alternative temporary facilities equivalent to those specified is the Contractor's option, subject to the Project Manager's or the ENGINEER/ARCHITECT's acceptance. Temporary construction facilities are defined to exclude tools and self-contained construction machines The types of temporary construction facilities as may be required for the project include:
Construction water distribution.
2. Dewatering facilities and drains.
Temporary enclosure.
4. Temporary heat
Ventilation and humidity control
6. Construction aids and miscellaneous facilities.
7. Temporary power distribution.
8. Temporary lighting.
1.02 QUALITY ASSURANCE
A. Regulations: Comply with governing regulations for the installation and use of temporary construction facilities, including health and safety regulations.
B.
and State of California Department of Indus-trial Relations, Division - Occupational Safety
1.03 SUBMITTALS
A. General: Submit copies of whatever reports of inspections, tests, gauge readings and similar lata and copies of permits and certificates have been secured for the operation of temporan onstruction facilities, including those used for dewatering, distributing power, liahting an General Requirements Page 26 of 42
1.04 JOB CONDITIONS
A.
B.
operation, maintenance and protection during use as a construction facility prior to the Projec Manager's acceptance and assumed operation of the facility.
C. Conditions of use: Operate, maintain, control and protect temporary construction facilities in a manner which will prevent overloading, hazardous exposures, fire, disease, damage or deterioration of completed work, public nuisances, and similar deleterious effects.
END OF SECTION
General Requirements Page 27 of 42
SECTION 01540
SECURITY AND PROTECTION
1.01 DESCRIPTION OF REQUIREMENTS
A. This section of General Requirements specifies minimum requirements of temporary and protection methods of facilities equivalent to those specified, is Contractor's option. The work of this section is not intended to include required insurance coverage performance/payment bonds, individual provisions for safe performance of specific work, firs aid requirements, general supervision, quality control, damage surveys, prequalification of Documents, if required.
The types of security and protection facilities and services required for project (entire projec! not just work of contract) may include but are not necessarily limited to the following:
Temporary fire protection.
2. Barricades, warning signs, lights.
3. Barrier fence enclosure.
4. Security enclosure and lockup of work.
5. Environmental protection. Coordinate permits with California Department of Fish and Game prior to commencing with the work when applicable.
Coordinate with Owner to minimize conflict, and to facilitate Owner's operations. Coordinate with owner for a security plan, which will include ingress and egress, identification, protection of staff, materials and tools.
1.02 QUALITY ASSURANCE
A. Regulations: Comply with governing regulations for installation and operation of security and protection facilities, including rules and recommendations of fire departments, police rescue squads, watchman services and similar local organizations and companies.
B. Standards: Comply with NFPA Code 241 "Building Construction and Demolition Operations." C. Responsibilities: The assignment of responsibilities for security and protection such as Callins for empray Jod uperas and Series by A one soilin serialy Contractors for industry recommendations
1.03 JOB CONDITIONS:
A. Scheduled uses: Provide security and protection at times first needed at site; and maintain, expand and modify facilities as needed throughout construction period.
General Requirements Page 28 of 42
B. Temporary use of permanent facilities: The Installer of each permanent facility shall be required to assume responsibility for its operation, maintenance and protection during use (if any) as a temporary security or protection facility, prior to Owner's acceptance and assumed operation of facility.
Conditions of use: Use security and protection facilities and services in a safe, sanitary, lawful, and publicly acceptable manner, which will not interfere unduly with performance of the work nor result in other deleterious effect.
1.04 MATERIALS OF SECURITY AND PROTECTION FACILITIES
A. General: Provide either new or used materials and equipment, which are in substantially undamaged and serviceable condition.
B. Fire extinguishers: Provide type A fire extinguishers for temporary offices and similar spaces where there is minimal danger of electrical fires or grease-oil-flammable liquid fires. Otherwise, provide either type ABC dry chemical extinguishers or a combination of several extinguishers of NFPA-recommended types for exposure in each case
Plywood: Provide exterior type, prime painted and finish painted. For fences and vision barriers provide minimum 5/8" thick plywood. For safety barriers and similar direct-contact uses, provide minimum 5/8" thick plywood.
1.05 INSTALLATION OF SECURITY/PROTECTION FACILITIES
A. General:
1. Use qualified tradesmen for installation of security and protection facilities. Locate facilities to serve total project construction work adequately, and to result in minimum nterference with performance of the work. Relocate, modify and extend facilities a:
equired during course of the work, to properly accommodate entire work of the project. Provide and maintain a reasonably neat and uniform appearance in security
2. Provide temporary security and protection facilities until time of substantial completion, or for longer periods of time as requested by Project Manager. в. Temporary fire protection:
1. General:
a.
controllable. Except as otherwise indicated or required, comply with the purposes. Store combustible materials in recognized fire-safe locations and containers.
b. The local fire authority shall be consulted regarding temporary fire protection.
General Requirements Page 29 of 42
2. Program: Develop and supervise an overall fire prevention and first-aid fire protection program for personnel at project site. Instruct personnel in methods and procedures fire hydrants, temporary fire
protection facilities, stairways, and other access routes for fighting fires.
3. Temporary water: Where temporary water outlets are available, provide hoses of adequate length to reach construction areas associated therewith. Hang hoses with warning sign, to effect that it is for fire protection and is not to be removed. Match hose sizes with outlet sizes, and equip with suitable nozzles.
C. Permanent fire protection: not applicable
prevent orcing and no as grade lighting are appropriate and needed for Enclosure fence: Installed by others. (Contractor will be responsible for any damage to and replacement of temporary fencing.)
Security enclosure and lockup:
General: Install substantial and durable temporary enclosure of partially completed areas of construction, with locking entrances, adequate to prevent unauthorized entrance, vandalism, theft, and similar deleterious effects and violations of project security. It is recognized that enclosure fence around construction site does not provide adequate security against certain exposure to loss by theft and vandalism.
Storage: Where materials and equipment must be temporarily stored, prior to and during construction, and are of substantial value or attractive for possible theft, provide secure lockup and enforce strict discipline in connection with timing of installation and release of materials, so that opportunity for theft and vandalism is minimized.
Environmental protection: Provide protection facilities, operate temporary facilities, conduct construction activities, and enforce strict discipline for personnel at project site in ways and by methods which comply with environmental protection regulations, and which minimize the possibility that air, waterways and subsoil might be contaminated or polluted, or that other undesirable and deleterious effects might result from performance of the work at project site. void use of tools and equipment, which produce harmful noise; and restrict use of nois aking tools and equipment to hours or use which will minimize noise near proiect site
1.06 TERMINATION AND REMOVAL
Maintain protection and security facilities and services in good operating condition through time of use and satisfactorily restored. Except as otherwise indicated materials and equipment of temporary security and protection facilities remain property of contractors.
END OF SECTION
General Requirements Page 30 of 42
SECTION 01590
TEMPORARY GENERAL SERVICES
1.01 DESCRIPTION OF REQUIREMENTS
A. Provide temporary services and facilities which will enable construction processes, and will Senagers acceptance. Temporary general series exclude inspection and eing spices.
B. The types of temporary general services required for the project may include, but are not necessarily limited to, the following:
1. Sanitary facilities.
2. Collection/disposal of waste materials.
3. Miscellaneous general services.
1.02 QUALITY ASSURANCE
A. Regulations: Comply with governing regulations for the installation and use of general service facilities, including health and safety regulations.
Standards: Comply with the "Manual of Accident Prevention in Construction" by AGC (AGC Safety Manual) and with NFPA Code 241 "Building Construction and Demolition Operations." Responsibilities: Except as otherwise indicated, the assignment of responsibilities for installing facilities and performing general services, and for complying with trade regulations and union jurisdictions associated therewith, is the Contractor's obligation.
1.03 SUBMITTALS
Submit copies of inspection reports, certificates, permits and similar documentation required or issued in connection with general services.
1.04 JOB CONDITIONS
A. Scheduled uses: Provide temporary general services at the time first needed at the site; and maintain, expand and modify the facilities as needed throughout the construction period.
B. Conditions of use: Operate, maintain, control and protect general service facilities in a manner which will prevent fire, hazardous exposures, health problems, unsanitary conditions, pollution, contamination, discomfort to users, flooding, freeze-up, interference with the construction work, public nuisances and similar deleterious effects.
General Requirements Page 31 of 42
1.05 MATERIALS AND EQUIPMENT OF GENERAL SERVICES
A. General: Provide either new or used materials and equipment for general service facilities, which are in substantially undamaged and serviceable condition. Provide types and qualities, which are recognized in the construction industry as suitable for the intended use in each application.
B. Drinking water: Potable water approved by local health authorities.
C. Construction materials: For offices, fabrication shops, storage sheds and similar construction, provide standard manufactured prefabricated or mobile home construction insulated and weather-tight where indicated to be heated or air conditioned; or provide equivalent job-built construction. Equip each unit with locked entrances, operable windows, roofing, adequate foundations for usual loading including wind loads, serviceable finishes of the types indicated, and mechanical/electrical equipment as needed to achieve the ambient conditions indicated D. Self-contained toilet units: Single-occupant, self-contained units of the chemical aerated recirculation type fully enclosed with a glass fiber reinforced polyester shell or similar non- absorbent material, properly vented and maintained in operation.
1.06 INSTALLATION OF GENERAL SERVICE FACILITIES
A. General: Locate facilities where they will serve the total project construction work adequately, and result in minimum interference with performance of the work. Relocate, modify and extend facilities as required during the course of the work, to properly accommodate the entire work of the project.
B. Sanitary facilities:
General: Sanitary facilities include toilets, wash facilities, and drinking water fixtures.
Comply with governing regulations including safety and health codes for the type number, location, operation, and maintenance of fixtures and facilities, but provide not less than the specified requirements. Install sanitary facilities in available locations which will best serve the needs of personnel at the project site.
2. Toilets: Choice of either self-contained toilet units or water/sewer connected temporary toilet installations (or both) is the Contractor's option to the extent permitted by governing regulations.
3. Collection and disposal of wastes: Establish and enforce a daily system for collecting and Parking: Arrange for temporary surface parking areas to accommodate construction personnel. When site space is not adequate, provide additional off-site parking. Parking General Requirements Page 32 of 42
areas must be approved by Project Manager due to environmentally sensitive areas (i.e. vernal pools, wetlands)
E.
service, parking spaces at the temporary offices, walkways in and around the construction area and personal protection items for employees and visitors.
1.06 OPERATIONS AND TERMINATIONS
A. Supervision: Enforce strict discipline in the use of general services at the project site. Limit availability of facilities to essential and intended uses, so as to minimize wastes and the possibility of abuses and the resulting unsanitary and hazardous or dangerous conditions. Do not allow temporary offices and similar temporary or permanent spaces to be used as living quarters, or for other unintended occupancies or uses.
B. Maintenance: Operate and maintain general services in good operating condition through the time of use, and until removal is authorized. Protect from damage by weather.
C. Termination and removal: When the need has ended for each temporary general service facility, or at the time of substantial completion, promptly remove the facility unless requestec by the Project Manager to retain it. Complete or restore permanent work which may have een delayed or otherwise affected by the temporary facility. Replace work which cannot be satisfactorily restored. Except as otherwise indicated, the materials and equipment o temporary general services remain the property of the Contractor. Owner reserves the right to take possession of project identification signs.
END OF SECTION
General Requirements Page 33 of 42
SECTION 01600
MATERIAL AND EQUIPMENT / SUBSTITUTIONS
•
PART 1 - GENERAL
1.01 SECTIONS INCLUDES
A. Products.
B. Transportation and handling.
C. Storage and protection.
D. Product options.
E. Substitutions.
1.02 RELATED SECTIONS
A. I Division 00 - Contract Conditions (General Provisions Paragraph 4-10).
B. Section 01300 - Submittals.
C. Section 01400 - Quality Requirements.
1.03 PRODUCTS
A. "Products" means new material, machinery, components, equipment, fixtures, assemblies, and systems forming the Work; and does not include machinery and equipment used for reparation, fabrication, conveying and erection of the Work. Products may also includ existing materials or components required for reuse
B. Do not use material and equipment removed from existing premises, except as specifically permitted by the Contract Documents.
Provide interchangeable components of the same manufacturer, for similar components.
D. Comply with Specifications, referenced standards, and applicable codes and regulations as minimum requirements.
Provide new materials except as specifically allowed by Contract Documents.
Provide equipment and systems composed of materials from a single manufacturer except where otherwise recommended by equipment or systems manufacturer or where otherwise indicated in Contract Documents.
1.04 WORKMANSHIP
Contractor shall:
Comply with industry standards and applicable codes except when more restrictive tolerances or requirements indicate more rigid standards or precise workmanship.
B. Perform work by persons qualified to produce workmanship of specified quality.
General Requirements Page 34 of 42
Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, and racking. Seismic and vertical load anchors shall conform to applicable code requirements.
Install products plumb, straight and true, and in correct relationship to adjacent materials, with hairline joints, free of rough, sharp or potentially hazardous edges.
1.05 MANUFACTURERS' INSTRUCTIONS
A. When work is specified to comply with manufacturer's recommendations or instructions, distribute copies to persons involved, and maintain one set in field office.
Perform work in accordance with details or recommendations and instructions and specified requirements.
Should a conflict existing between the Specifications and recommendations or instructions, consult with the City.
Where manufacturer's information notes special recommendations in addition to installation instructions, comply with both recommendations and instructions.
1.06 PRODUCT OPTIONS
A. Contractor shall provide products listed in the Contract Documents, products b anufacturers listed in the Contract Documents, and products meeting specifie requirements.
Procedures are described for requesting substitution of unlisted materials in lieu of materials named in the Contract Documents.
Contractor's Options:
For products specified only by reference standard, select products meeting the referenced standard.
2. For products specified by naming one or more products or manufacturers, select products of any named manufacturer meeting the Specifications.
3. For a product or manufacturer not specifically named, submit a Request for Substitution.
Where terms "or equal", or "or approved equal", or similar references are made, submit a Request for Substitution for any product or manufacturer not specifically named in the Contract Documents.
1.07 SUBSTITUTIONS
A.. The Contractor may submit written requests for substitutions for specified products within fifteen days preceding bid date or within 5 days following date of receipt of Notice to Proceed.
Requests received after the 5 days will not be considered except for the following reasons:
1. Product discontinued.
2. Insufficient quantity except as caused by failure to award subcontract in time, or failure to order products so as to insure delivery without delay of work.
General Requirements Page 35 of 42
Delays beyond control such as strikes, fires, and acts of nature, war or civil disorder.
4. Reasons supported by sufficient evidence to satisfy the Project Manager that the request should be allowed.
B. Submit four copies of each request for substitution. Include in each request:
Complete data indicating compliance of substitute with Contract Documents.
2. For products:
a. Product identification including name and address of manufacturer, source of she ply nearest job site, contract speciations identification, and location in b. Product data: Description, performance and test data, reference standards; for substitute and specified item.
c. Samples, if requested
d. Name and address of similar projects on which product was used and date of installation.
e. Deduction from contract price to be allowed for acceptance of substitutions.
3. For construction methods:
a. Detailed description of proposed methods.
b. Drawings illustrating methods.
4. Itemized comparison of specified and proposed methods or products.
Data relating to changes in construction schedule.
Accurate cost data on substitution com- pared to costs of specified item. c. In making request for substitution the bidder or Contractor represents:
He has investigated the proposed substitute and determined that it is equal or superior in all respects to the specified item.
He will provide the same guarantee, warranty bonds or other assurances for the substitute as for the specified item.
3. He waives all claims for additional costs related to the substitution that may develop.
4 Cost data is complete and includes all related costs under his contract.
D. Substitutions will not be considered if:
They are shown or implied on other submittals without formal request per this section.
2. Acceptance will require substantial revision of the Contract Documents or the work.
General Requirements Page 36 of 42
Only one substitution will be considered for any one material. If the requested substitution is not accepted the originally specified product must be supplied.
Action on Requests for Substitution Approval of request will be documented by Change Order. Denial of request will be made by letter or RFI.
1.08 TRANSPORTATION AND HANDLING
Contractor shall:
A. Transport and handle products in accordance with manufacturer's instructions.
Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged.
Provide equipment and personnel to handle products by methods to prevent soiling, disfigurement, or damage.
1.09 STORAGE AND PROTECTION
Contractor shall:
Store and protect products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather-tight, climate controlled enclosures.
B. For exterior storage of fabricated products, place on sloped supports, above ground. protection. Provide off-site storage and protection when site does not permit on-site storage or D. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation.
E. Store loose granular materials on solid flat surfaces in a well-drained area. Prohibit mixing with foreign matter.
Provide equipment and personnel to storage products by methods to prevent soiling, disfigurement, or damage.
G. Arrange storage of products to permit access for inspection. Periodically inspect to assure products are undamaged and are maintained under specified conditions.
PART 2 - PRODUCTS
Not Used.
PART 3 - EXECUTION
Not Used.
END OF SECTION
General Requirements Page 37 of 42
SECTION 01700
PROJECT CLOSEOUT
1.01 DESCRIPTION OF REQUIREMENTS
A. Definitions: Closeout includes the general requirements near the end of the contract time, in recognized to be directly related to "Substantial Completion," and therefore may be either a single period for the entire work or a series of periods for individual parts of the work which
1.02 PREREQUISITES FOR SUBSTANTIAL COMPLETION
A. General: Prior to requesting Project Manager's inspection for certification of substantial exceptins in required by the General Conditions, complete the following and list known Submit last Progress Payment Request, with sworn statement showing 100 percent completion of the work, complete with associated releases, consents and supports.
2. Submit statement showing final accounting of changes to the contract price.
3. Advise Project Manager of pending insurance change-over requirements.
Submit special guarantees, warranties, workmanship bonds, maintenance agreements, final certifications and similar documents.
5. Obtain and submit, operating certificates, final inspection/test certificates, and similar releases enabling Owner's full and unrestricted use of the work and access to service:
and utilities
6. Submit record drawings, maintenance manuals, final project photographs, damage or settlement survey, property survey, and similar final record information.
Downer. Deliver tools, spare parts, extra stocks of materials, and similar physical items to
8. Complete start-up testing of systems, and instructions of Project Manager's operating/maintenance personnel.
9. Discontinue (or change over) and remove from the project site temporary facilities and services, along with construction tools and facilities, and similar elements.
10. Complete the final cleaning.
11. Touch-up and otherwise repair and restore marred exposed finishes.
B. Inspection procedures: Upon receipt of Contractor's request, Project Manager will either proceed with inspection or advise Contractor of prerequisites for inspection not fulfilled. The number of items to be corrected or completed will be averaged. When the average General Requirements Page 38 of 42
exceeds four items, the inspection will be stopped and the Contractor advised that the work is not ready for inspection. The Contractor shall then resume the work. Following initial complete inspection, Project Manager will either prepare certificate of substantial completion, or advise Contractor of work which must be performed prior to issuance of certificate; and repeat inspection when requested and assured that work has been substantially completed. Results of completed inspection will form initial "punch-list" for final acceptance.
1.03 PREREQUISITES FOR FINAL ACCEPTANCE
Prior to requesting Project Manager's final inspection for certification of final acceptance and final payment, as required by the General Conditions, complete the following and list known exceptions (if any) in request:
A. Submit final payment request with final releases and supports not previously submitted and accepted. Include certificates of insurance for products and completed operations.
B. Submit updated final statement, accounting for additional changes to the contract price.
Submit certified copy of Project Manager's final punch-list of itemized work to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance, endorsed and dated by the Project Manager.
1.04 RECORD DOCUMENT SUBMITTALS
A. General: Specific requirements for record documents are indicated in individual sections of these specifications. The general requirements are indicated in individual sections of these specifications. The general submittal requirements are indicated in section 01.300. Do not use record documents for construction purposes; protect from deterioration and loss in a secure fire-resistive location; provide access to record documents for the Project Manager's inspection during normal working hours.
B. Record drawings: Refer to Section 01720 - Record Documents.
C. Maintenance manuals: Organize maintenance-and-operating manual information into suitable sets of manageable size, and bind into individual binders properly identified and indexed (thumb-tabbed); Include emergency instructions, spare parts listing, warranties, guarantees, wiring diagrams, recommended "turnaround" cycles, inspection procedures, shop drawings, product data, and similar applicable information. Bind each manual of each set in a heavy-duty 2" 3-ring, vinyl-covered binder, and include pocket folders for folded sheet information. Mark identification on both the front and spine of each binder.
1.05 CLOSEOUT PROCEDURES
A.
continuing maintenance or operation (by the Owner) to meet with the Project Manager's personnel, at the project site, to provide basic instructions needed for proper operation an
1.06 FINAL CLEANING
A. General: Special cleaning for specific units of work is specified in the sections of specifications.
General Requirements Page 39 of 42
Provide final cleaning of the work, at the time indicated, consisting of cleaning and grading the work area to its preconstruction condition prior to placing the final erosion control measures.
END OF SECTION
General Requirements Page 40 of 42
SECTION 01720 RECORD
DOCUMENTS
1.01 DESCRIPTION OF REQUIREMENTS
A. Record documents include those documents or copies relating directly to the performance of the work, which the Contractor is required to prepare or maintain for the Owner's records, recording the work as actually performed. In particular, record documents show changes in the work in relation to the way in which it was shown and specified by the original contract documents; and show additional information of value to the Owner's records, but not indicated by the original contract documents. Record copies include newly-prepared drawings (if any are specified), marked-up copies of contract drawings and shop drawings, marked-up copies of specifications, addenda and change orders, marked-up product data submittals, record samples, field records for variable and concealed conditions such as excavations and foundations, and miscellaneous record information on work which is otherwise recorded only schematically or not at all. Certain individual work sections indicate specific record-copy requirements, which extend the requirements of this section. в. Refer to Section 01700 for general closeout requirements related to the submittal of record copies.
1.02 RECORD DOCUMENTS
A. Record Drawings:
Mark-up procedures: During the progress of the work, maintain a white-print set (blue-line or black-line) of contract drawings and shop drawings, with mark-up of actual installations which vary substantially from the work as originally shown. Mark whatever drawings are most capable of showing the as-built condition, fully and accurately. Where shop drawings are marked-up, mark cross-reference on contract drawings at the corresponding location. Mark with erasable colored pencil, using separate colors where feasible to distinguish between changes for different categories of work at the same general location. Mark-up important additional information which was either shown schematically or omitted from original drawings.
Give particular attention to information on work to be concealed that would be difficult
2. Preparation of transparencies:
In preparation for certification of substantial completion on the last major portion of the work, review the completed mark-up of record drawings with the Project Manager. Identify and date each updated drawing.
Printing of original drawings, with addition of contract modifications, t esponsibransparencies and other prints as required herein is the Engineer's
3. Distribution: Upon completion of the record drawings, prepare three copies of each drawing, regardless of whether changes and additional information were recorded General Requirements Page 41 of 42
B. Record Specifications: During the progress of the work, maintain one copy of the specifications, including addenda, change order and similar modifications issued in printed
END OF SECTION
END OF DOCUMENT
General Requirements