26 direct employees. Nothing contained in the Contract Documents creates any contractual relationship between any subcontractor and the City. Bind every subcontractor to the terms of the Contract Documents applicable to its work.
Do not employ debarred contractors on the Work pursuant to the provisions of Labor Code § 1777.1. The Labor Commissioner publishes and distributes a list of contractors ineligible to work as a subcontractor on a Public Works project. This list is available from the Department of Industrial Relations web site
http://www.dir.ca.gov/dlse/debar.html.
The U.S. General Services Administration maintains a list of individuals, firms and organizations debarred, suspended or who have voluntarily excluded themselves from Federal Procurement and Non-Procurement Programs, which is available from the website https://sam.gov/content/home.
In accordance with California Senate Bill No. 96 – Amendments to California Prevailing Wage Law, you and each of your subcontractors must maintain a valid, current Department of Industrial Relations Public Works Contractor registration during the term of this project.
Before including a subcontractor’s name on the bid, verify that each one is properly licensed and not debarred from performing the designated work.
The City will withhold payment for noncompliant subcontracted work from progress payments due, or to become due, until the noncompliance is corrected. The City may terminate the Contract if you fail to comply.
If the City Representative finds any subcontractor, or person you employ, is incompetentor is acting improperly, then at the City Representative’s request, dismiss them from the job immediately and do not employ them on the Work again.
File a copy of each subcontract with the City before the subcontractor begins work.
Each subcontract must reference the Contract with the City and its terms and all of its parts are made part of that subcontract as applicable to the work it covers. Each subcontract must allow you to annul it at the City’s order if in the City's opinion the subcontractor fails to comply with Contract requirements. 1-3.2 (NOT USED)
1-3.3 Status of Subcontractors. The City will not conduct business with an individual, firm or organization, and you shall not employ or otherwise use at any tier, any subcontractor, supplier, or equipment vendor on the City’s debarment list, the Department of Industrial Relations debarment list, or the U.S. General Services Administration “List of Parties Excluded from Federal Procurement and Non Procurement Programs.”
27 1-4 CONTRACT BONDS. Before executing the Contract, file surety bonds with the City for its approval in the amounts and for the purposes noted below. Bonds issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570, who is authorized to issue bonds in California, and whose bonding limitation shown in that circular is sufficient to provide bonds in the amount required by the Contract, is approved unless the City specifically rejects them. Attach all of the documents listed in the Code of Civil Procedure, § 995.660 (a) to bonds from all other sureties and pay all bond premiums, costs and incidentals.
You and the Surety sign each bond and incorporate the Contract by reference. Notarize the Surety’s authorized agent’s signature.
Provide two sufficient surety bonds. The “Payment Bond” must be for 100 percent of the Contract Price to satisfy claims of material suppliers, and mechanics and laborers you employ on the Work. Maintain the bond in full force until the City accepts the Work and all claims for materials and labor are paid, and otherwise comply with the Civil Code.
The “Performance Bond” must be for 100 percent of the Contract Price to guaranty faithful performance of all work within the time prescribed, and in a manner satisfactory to the City, and that all materials and workmanship are free from original or developed defects. The bond must remain in effect until the end of all warranty periods in the Contract Documents.
Should any bond become insufficient, renew the bond within ten (10) days after notice from the City.
If at any time the City finds any surety unsatisfactory, City will notify you and no additional payments will be due or made under the Contract until a new surety qualifies and the City accepts it.
Changes in the Work or extensions of time made pursuant to the Contract do not release you or the surety from your and its obligations, and the Surety must waive notice of these changes or extensions.
1-5 THE CONTRACT DOCUMENTS.
1-5.1 General. Keep at the Work site a copy of the Plans and Specifications for the City Representative to access at all times. Supplement the Plans with those working drawings and shop drawings necessary to adequately control the Work.
If, either before beginning or during the work, you find any discrepancies between the Specifications and the Plans or between either of them and the physical conditions at the Work site, or find any error or omission in any of the Plans or in any survey, promptly notify the City of the discrepancy, error or omission. Promptly notify the City in writing if you observe any plans or specifications at variance with any applicable law, ordinance, regulation, order or decree.
28 The City, on receiving the notice of any discrepancies, will investigate the circumstances and give you appropriate instructions. Until then, any work you do after discovering an error, discrepancy or conflict directly or indirectly affected by the error, discrepancy or conflict, is at your risk and you bear all costs arising from it.
The City will provide, free of charge, three (3) copies of Plans and Specifications for you and one (1) copy of Plans and Specifications for each subcontractor listed in your Proposal. The City can provide additional copies of the Plans or Specifications at your expense. Keep one set of Plans and Specifications in good order and available to the City Representative at the Work site.
Titled sections of the Contract Documents, including, without limitation, the Specifications, are for convenience only and do not dictate the trade or craft involved.
Where "as shown," "as indicated," "as detailed," or words of similar meaning are used, they refer to the Drawings accompanying the Specifications unless stated otherwise.
Where "provide," "furnish," "install," "complete," or words of similar meaning are used, they mean to put in place for the intended use or operation. Where "as directed," "as required," "as permitted," "as authorized," "as accepted," "as selected," or words of similar meaning are used, the City Representative’s direction, requirement, permission, authorization, approval, acceptance or selection is intended unless stated otherwise.
The Contract Documents are written in an abbreviated form, and may not include complete sentences. Omission of words or phrases like "Contractor shall," "shall be," etc., are intentional. Nevertheless, the requirements of the Contract Documents are mandatory. Omitted words or phrases are supplied by inference.
Words in the singular include the plural whenever applicable or the context indicates or requires.
In the interest of brevity, the Contract Documents frequently omit modifying words like "all" and "any" and articles like "the" and "an," but the fact that a modifier or an article is absent from one statement and appears in another does not affect the interpretation of either statement.
1-5.2 Contract Documents are Complementary and Inclusive. The Plans, Specifications and other Contract Documents govern the Work. The Contract Documents are complementary and cooperative. Anything in the Specifications not shown on the Plans or shown on the Plans and not in the Specifications, are as though shown on or in both.
1-5.3 Conformance with Laws. As applicable, unless modified elsewhere in the Specifications, Contract Work must conform to the current editions of: Uniform Building, Plumbing, Mechanical Codes, Uniform Fire Code, National Electrical Code, City of Fountain Valley Public Works Standard Plans, and Federal and State Standards.
29 Perform all work according to the current editions and City of Fountain Valley Amendments to, the California Building Code, the California Electrical Code, the California Plumbing Code with key amendments, California Green Building Standards Code, Building Energy Efficiency Standards, California Playground Safety Regulations, City of Fountain Valley Codes & Ordinances, City of Fountain Valley Public Works Standard Plans, Americans with Disabilities Act (ADA), Chapter 11B Title 24 of the California Code of Regulations, California Public Contract Laws, the Specifications, Attachments, and Construction Plans and all their applicable requirements.
Check and review the Contract Documents, from a construction standpoint, for conformity and compliance with all laws, ordinances, codes, rules and regulations of all governmental authorities and public utilities affecting the construction and operation of the physical portion of the Project, all quasi-governmental and other regulations affecting the construction and operation of the physical portion of the project and other special requirements, if any, designated in the Contract Documents. If you see any violation of any law, ordinance, code, rule or regulation, or inconsistency with any restrictions or special requirements in the Contract Documents, give notice to the City Representative and correct the violation or inconsistency in the prescribed manner before beginning that portion of the Work. Unless specifically stated otherwise in the Contract Documents, Contract Document provisions take precedence in resolving any violation and inconsistency between provisions of the Contract Documents and provisions of any laws, ordinances, codes, rules and regulations applicable to the Work unless applying the provisions of the Contract Documents would directly violate those laws, ordinances, codes, rules and regulations. If the requirements of this article or the City Representative’s written interpretation or clarifications do not resolve the violation or inconsistency, the City Representative’s decisions and directives regarding the Work are final.
1-5.4 Intent of Plans and Specifications. The Plans and Specifications describe the Work. The Specifications describe Work not indicated on the Plans like quality of materials, workmanship and execution; the Plans generally describe Work dimensions, elevations and general layout. The Specifications do not specify every item of Work shown on the Plans nor do the Plans show all Work described or specified in the Specifications even if the items could have been included. Provide all aspects of the Work on the Plans or in the Specifications or that are reasonably inferable from them necessary to complete the Work, whether or not the aspects of the Work are expressly covered in the Plans or the Specifications. You are responsible for insuring the Work is sound, quality construction and for including all direct and indirect costs and expenses to cover all items indicated, described or implied in the Work. 1-5.5 Ambiguity, Conflicts, Difference or Discrepancy. In the event of an ambiguity, conflict, difference or discrepancy among the various Contract Documents, the more stringent, higher quality, greater quantity and higher-level work controls. If discrepancies in the Contract Documents are not corrected by Addenda during the bid period, you warrant that the scope and amount of your bid include all materials, supplies,
30 equipment, services, facilities, apparatuses and methods of construction to provide the higher cost, quantity and quality.
1-5.6 Priority of Addenda. Addenda take precedence over all other Contract Documents at the time of bid. Subsequent Addenda issued govern over prior Addenda only to the extent specified, where applicable and according to Title 24, California Code of Regulations.
1-5.7 Standard Technical Specifications of Societies, Institutions, Associations, etc. Any reference to standard technical specifications of any society, institute, association or governmental authority refers to that organization's standard technical specifications in effect on the date you submit your bid for the Work. If applicable standard technical specifications are revised before completing any part of the Work, you may, if acceptable to the City Representative, perform that Work according to the revised standard technical specifications. The standard technical specifications, except as modified in the Contract Documents, are as though printed in the Contract Documents. Before beginning any portion of the Work, check and review the Contract Documents from a construction standpoint for conformance and compliance with the provisions of all standard technical specifications, listed or otherwise. If you note a conflict, ambiguity or discrepancy between the provisions of the Contract Documents and standard technical specifications, notify the City Representative and ensure the conflict, ambiguity or discrepancy, is corrected as prescribed before beginning that portion of the Work. Unless stated otherwise in the Contract Documents, provisions of the Contract Documents take precedence in resolving any conflict, ambiguity or discrepancy between the provisions of the Contract Documents and standard technical specifications. If the requirements of this article or the written interpretation or the City Representative’s clarifications do not resolve the conflict, ambiguity or discrepancy, the City Representative’s decisions and directives are final for proceeding with the Work. If you believe a City Representative’s order establishes a basis for an adjustment in the Contract Amount, Milestones and Contract Time, then pursuant to Article 2, submit a Request for Change Order within ten (10) days after the Construction Directive is issued.
1-5.8 Rules of Contract Interpretation. Provide the more stringent, higher quality material and work and greater quantities for the Work in the case of a conflict between the various sections of the Contract Documents, including the Plans and Specifications.
Where applicable, City-approved requirements on any item submitted as a Deferred Approval according to Title 24, California Code of Regulations, take precedence over any previously issued Addenda, Plan or Specification.
Except as provided in this section, in a conflict between the Plans, the following govern:
A. Specific notes govern over all other notes;
B. General notes, when identified as such, are incorporated in other portions of the Plans;
C. Schedules, when identified as such, are complementary with other notes and other portions of the Plans, including those identified as general notes; D. Larger scale Drawings govern over smaller scale Drawings;
31 E. Calculated, derived or numerical dimensions govern over scaled dimensions; do not perform or allow Work to be performed based on dimensions obtained by scaling the Drawings.
1-5.9 Ownership and Use of the Contract Documents. Neither you, your Subcontractors, nor your material or equipment suppliers, own or claim a copyright in the Plans, Specifications and other Contract Documents or use them on other jobs. 1-5.10 Document Retention Policy. Maintain at your sole expense for a period of ten (10) years after the Notice of Completion is recorded, a full set of project records including plans, specifications, correspondences, submittals, record documents and all other project documentation in hard copy or electronic form. If the City or its designated agent or representative makes a written request for the documents, produce or make them available for review and photocopying or electronic reproduction within ten (10) days of receiving the City’s written request.
1-5.11 Request for Information (RFI) Procedures. This Section contains procedures Contractor shall follow when discovering any apparent conflicts, omissions, or errors in Contract Documents or when having any question about interpretation.
A. PROCEDURES
1. Submit requests for clarification or additional information in writing to City Representative using Request for Information (RFI) form provided by City Representative or a similar, City Representative-approved form.
2. Number RFIs sequentially. Add a sequential alphabetical suffix after the RFI number for each resubmission. For example, first RFI is 001, second is 002 and first resubmittal of RFI 002 is 002A.
3. Limit each RFI to one subject.
4. Submit an RFI if one of the following occurs:
a. Contractor discovers an unforeseen condition or a circumstance not described in Contract Documents.
b. Contractor discovers an apparent conflict or discrepancy between portions of Contract Documents that appears inconsistent or not reasonably inferred from intent of Contract Documents.
c. Contractor discovers what appears to be an omission from Contract Documents that cannot be reasonably inferred from intent of Contract Documents.
5. Submit a RFI or clarification when discovered. Submit RFIs promptly so as not to delay Contract schedule and allow City Representative full response time described below.
6. Do not submit a RFI:
a. As a request for substitution;
b. As a submittal;
c. Under pretense of a Contract Document discrepancy or omission without thoroughly reviewing documents;
d. In a manner suggesting specific portions of Contract Documents are assumed excluded, or by taking an isolated portion of Contract Documents in part rather than in whole;
e. In untimely manner without properly coordinating and scheduling Work of related trades.
32 f. If Contractor submits a RFI contrary to any of above, Contractor shall pay cost of any review and City Representative shall deduct that cost from Contract sum.
B. RESPONSE TIME
6. City Representative, whose decision is final, shall resolve these questions and direct Contractor within a reasonable time. In most cases, City Representative will respond within ten days. In cases involving complex issues or emergencies, parties may agree in writing to lengthen or shorten response time as appropriate.
7. If Contractor proceeds with affected work before receiving City Representative’s response within timeframe described above, City Representative may require Contractor to remove or replace any portion of Work not done according to City Representative’s interpretations, clarifications, instructions, or decisions and Contractor is responsible for all resulting losses.
If Contractor and City Representative cannot agree on the scope of Contract requirements, Contractor shall follow procedures set forth in General Conditions.
1-5.12 Order of Precedence. Conflicts that cannot be resolved in accordance with the rules of interpretation set forth, shall be interpreted in accordance with the following order of precedence (the first being the highest order of precedence):
In the event of conflicting provisions within the Sourcewell/ezIQC Contract, the following order of precedence with item “a” representing the highest precedence, for resolution of the conflict shall apply:
1. Applicable Laws (provided, however, and notwithstanding, where the Contract Documents or manufacturer’s recommendations or specifications require standards higher than those of Applicable Laws, the Contract Documents or manufacturer’s recommendations or specifications shall control);
2. The Construction Documents
3. Drawings, subject to the following: (1) large scale plans and details take precedence over small scale Drawings in all cases; (2) full scale Drawings have precedence over both large and small scale Drawings in all cases; (3) detailed Plans and/or Drawings shall have precedence over general Plans and/or Drawings; (4) architectural and structural Drawings take precedence over electrical and mechanical Drawings in regard to location and arrangement of fixtures, outlets, and equipment; and (5) electrical and mechanical Drawings take precedence in describing and specifying equipment and in describing the diagrammatic requirements;
4. Work Order or Supplemental Work Orders;
5. Addenda;
6. Sourcewell EZIQC Contract #CA-R8-GB01-123021-HCC
7. Sourcewell Invitation for Bid number #CA-123021
33 8. Standard and reference specifications which include industry norms, such as, but not limited to, ANSI and ASTM; and
9. Reference Documents.
1-6 SUBMITTALS.
1-6.1 General. Provide submittals as specified or when the City Representative requests. Do not furnish or fabricate materials or perform any work requiring submittals before the City Representative reviews and accepts them. Neither the City Representative’s review nor acceptance of submittals relieves you of responsibility for errors, omissions or deviations from the Contract Documents unless you specifically called them to the City Representative’s attention in the letter of transmittal. You are responsible for the accuracy of the submittals. Allow a minimum of twenty (20) Working Days to review submittals unless otherwise stated in the Specifications. Include a transmittal letter with each submittal. Include payment for submittals in the contract unit price for various bid items. The review period begins again after each submittal or resubmittal.
In providing submittals, you certify they are complete in all respects and that all materials, equipment, and other work included conforms to the Contract Documents.
Where the manufacturer, fabricator, subconsultant or designee, designs or engineers an item, an engineer registered by the State of California, executing the design within the scope of his registration, must sign the drawings and supporting calculations.
Unless the City Representative accepts it, only you may submit data. Data that, in the City Representative’s opinion, are incomplete or which you have not checked or which are illegible or do not comply with Contract requirements will be returned to you for resubmittal in the proper form. The City may make this determination at any time during the review period.
Submit data in a format similar to the arrangement of the applicable section(s) of the Specifications unless otherwise specified. The City will return for resubmittal, without review, any submittal that does not follow the format specified and does not conform to the requirements listed below:
1. Data includes drawings and descriptive information in sufficient detail to show the kind, size, arrangement and operation of component materials and devices, the external connections, anchorages and supports required, performance characteristics, dimensions needed for installation and correlation with other materials and equipment, and all additional information required in the detailed section(s) of the Contract Documents. Identify field dimensions and show their relation to adjacent or critical features, work or products.
2. Calculations, when the Specifications require them, to support the adequacy of the design to meet specified performance ratings or requirements.
3. Each drawing or data sheet clearly marked with the name of the project, your name and references to applicable Specification paragraphs and Plan sheets.
Collate submittals containing multiple drawings or data sheets prior to submittal.
34 4. Where data sheets, catalog cuts or drawings show more than the item under consideration, cross out all but the applicable information. Submit only relevant pages; mark each copy of standard printed data to identify pertinent products referenced to Specification Section and Article number. Show reference standards, performance characteristics and capacities, wiring and piping diagrams and controls, component parts, finishes, dimensions and required clearances.
5. Include drawings showing wiring and pipe layouts on data submitted. Describe the proposed changes in a cover letter and show the essential details of the changes in the data submitted.
6. Present data clearly and thoroughly. Title each drawing with the project name and number; identify each element of the drawings by reference to a sheet number and detail, schedule or room number of the Contract Documents.
7. Provide manufacturer's preparation, assembly and installation instructions.
8. Submit a full range of manufacturer's standard finishes except when more stringent requirements are specified, indicating colors, textures, and patterns for the City Representative’s selection.
9. Submit samples to illustrate functional characteristics of products, including parts and attachments. Label each sample with identification required for the transmittal letter. The Specification section lists approved samples for the Work.
10. Provide field samples of finishes for the Work at a location acceptable to the City Representative as required by the individual Specifications section. Install each sample complete and finished. You may retain in the completed work, finishes in place that the City Representative has accepted.
A letter of transmittal listing the submittal contents must accompany submittals.
Drawings must show the name of the project, your name and, if any, the names of suppliers, manufacturers and subcontractors. Submit shop drawings with enough time for the City’s review and in an orderly sequence according to the progress schedule to avoid delay in doing the Work. The City will return for resubmittal the following: drawings not submitted on either 11”x17” or 24”x36” sheets, submittals not accompanied by conforming transmittals, and transmittals sent with an incomplete form.
Use a separate letter of transmittal for each specific item or class of materials or equipment that requires a submittal. Transmitting shop drawings on various items using a single letter of transmittal is permissible only when the items taken together constitute a manufacturer’s “package,” or are so functionally related that expediency indicates review of the group or package as a whole.
35 The City will return any submittal sent (1) without a transmittal letter, (2) with an incomplete form, or (3) by facsimile.
Assign a unique sequential number to each submittal package clearly written in the space provided on the transmittal letter. Use this number in all correspondence(s) to the City when referencing a particular submittal. Do not assign the same submittal number to different submittal packages.
On resubmittals, use the original submittal number followed by the revision number, i.e., the first resubmittal of submittal #1 is numbered 1R1, the second 1R2, etc. The City will return improperly numbered submittals and resubmittals without review. Indicate on the transmittal letter that either no exceptions to the Contract Documents are taken or deviations are submitted. List all deviations indicated on the transmittal letter. You are solely responsible for any omitted deviations. If any deviations are omitted, the City will return the submittal and the engineering data without review for resubmittal. You bear any consequences from the resulting delay(s).
The City Representative’s review of your submittals covers only general conformity to the Contract Documents. The City Representative’s acceptance of drawings returned marked NO EXCEPTION TAKEN or RESUBMITTAL NOT REQUIRED
(CORRECTIONS ARE NOTED) does not constitute a blanket approval of dimensions, qualities and details of the materials, equipment, device or item shown and does not relieve you of any responsibility for errors, omission or deviations from conforming to the Contract Documents. The City reserves the right to reject any previously accepted equipment, material and construction method that deviates from the Contract Documents. When the City returns drawings and data marked CORRECT AND RESUBMIT, make the corrections noted as the City Representative instructs, then resubmit in the same manner as the original submittal.
If the City Representative rejects the submittal, you are responsible for any subsequent time delays at no additional compensation from the City. Subject to these requirements, drawings and data, after final processing by the City Representative, become part of the Contract Documents and the work they show or describe is performed in conformity with them unless the City Representative requires otherwise. In the event of conflict between accepted submittals and other Contract Documents, the most stringent requirements apply unless the City has agreed in writing to less stringent requirements in response to a deviation listed on a submittal letter of transmittal.
Do not begin any part of the Work requiring a submittal until the City Representative has reviewed it and returned it to you with a notation indicating that resubmittal is not required.
The City Representative’s review is only of general conformance with the design of the project and general compliance with the Contract Documents. It does not relieve you of full responsibility for providing Contract-required materials, equipment and work, properly fitting and constructing the Work, providing accurate and complete submittals,
36 selecting construction fabricating processes and techniques and performing the Work safely.
1-7 WORK TO BE DONE. Perform all work necessary to complete the Contract in a satisfactory manner. Unless otherwise provided, furnish all materials, equipment, tools, labor and incidentals necessary to complete the Work. Leave the Work area in a neat condition. Perform any work not shown in the Plans or Specifications but necessary to complete the Work according to law and government codes and regulations as if in the Plans and Specifications.
Remove and dispose of all structures, debris or other obstructions of any character necessary to accommodate the Work. Where the obstructions are improvements the City is not legally required to remove, you must remove, maintain and permanently replace them at your expense.
1-8 SUBSURFACE DATA. Soil and test hole data, groundwater elevations and soil analyses shown on the Plans or included in the Specifications apply only at the location of the test holes and to the depths indicated. Soil test reports for test holes already drilled are available for inspection at the City Representative’s office. You may perform additional subsurface exploration at your own expense. The indicated groundwater elevation is that which existed on the date specified in the data. It is your responsibility to determine and allow for the groundwater elevation on the date you perform the Work.
A difference in groundwater elevation between that shown in soil boring logs and that actually encountered during construction is not a basis for Extra Work per 2-3. 1-9 RIGHTS OF WAY.
The City has provided rights-of-way, easements, agreements, licenses or rights of entry (collectively, right of way) for the Work. The City may also have acquired temporary right of way to construct one or more portions of the Work. If the City did acquire temporary right of way, the documents or their contractual terms and obligations are included in the Contract Documents. Comply with all the terms and obligations related to the physical use of the temporary right of way and the eventual return of the property to the owner. Schedule Work that may include landscape establishment, maintenance periods and final acceptance within the temporary right of way to start and finish within the time allotted in each temporary right of way agreement. If, through no fault of the City, there is a work delay, you are responsible for all costs the City incurs to extend use of the temporary right of way.
1-10 REFERENCE POINTS AND ELEVATIONS.
1-10.1 General. When required by the Work, the City will furnish, at its expense, an engineering survey of the project site giving, as applicable, benchmark elevation points, property lines and corners. Lay out the Work and preserve all established benchmark elevation points, property lines and corners and do not demolish, relocate or change the location of any benchmark elevation point, property line or corner without the City Representative’s prior written approval. If any benchmark elevation point, property line or corner is lost, destroyed or relocated, notify the City Representative before replacing
37 and relocating it. At your expense, engage the services of a State of California licensed surveyor to replace and relocate benchmark elevation points, property lines or corners lost, destroyed or relocated.
1-10.2 Conformity with the Contract Documents. The Work must conform to the lines, grades, dimensions, tolerances and material and equipment requirements shown on the Contract Documents, and Work Order. Although the City Representative may consider measurement, sampling and testing in determining conformity, the City Representative is the sole judge of whether the work or materials deviate from the Contract Documents and that decision is final.
If the Plans do not show specific lines, grades and dimensions, those the City Representative furnishes govern.
1-11 CITY REPRESENTATIVE’S AUTHORITY. The City Representative is authorized to enforce compliance with the Plans and Specifications. Promptly comply with the City Representative’s instructions. The City Representative’s decision is final and binding on all questions relating to quantities, acceptability of material, equipment or work, execution, progress or sequence of work and interpretation of the Plans, Specifications or other Contract Documents. This precedes any payment under the Contract unless the City Representative orders otherwise.
Subject to the provisions of Government Code § 8546.7, this Contract and all related documents are subject to the examination and audit of the State Auditor at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Contract.
At the City’s request, prepare and give the City any reports concerning your performance under this Contract. The City may also, at any time, with 72 hours advance written notice, audit your books, records and documents related to your performance and your compliance with all Contract terms and conditions.
All drawings, documents, and other materials you prepare in performing this Contract are:
A. City property. At the City’s request or upon termination of the Contract, deliver them to the City at your cost; and
B. Confidential. Do not make them available to any individual or entity without the City’s prior written consent.
1-12 INSPECTION.
1-12.1 General. The City Representative will inspect the Work and the inspection will include monitoring and enforcing compliance of materials, equipment, installations, workmanship and methods to requirements of the Contract Documents.
The City Representative must, at all times, have safe access to the Work during construction and must be given every reasonable means to ascertain the progress, workmanship and character of materials and equipment used in the Work.
38 If you change project work hours and require City inspection services during those hours, give the City Representative at least two Working Days written notice to arrange them.
The City Representative will inspect all installations to be backfilled or covered, before backfilling. Give the City Representative a minimum of two Working Days advance notice before backfilling or covering any part of the Work.
Work performed or materials concealed without the required notice specified above is subject to any tests or exposure necessary to prove to the City Representative’s satisfaction that all materials used and work done conform to the Contract Documents.
Furnish and pay for all labor and equipment necessary to expose, test and replace, at no cost to the City, any materials or work damaged by exposure or testing.
At your expense, make good defective work including any unsuitable materials and equipment the City Representative inspected and whose payment has been included in an estimate for payment.
Inspection of the Work does not relieve you of your obligation to fulfill all Contract requirements.
Send all Work-related inspection submittals and correspondence between you and the City to the City Representative.
Follow directions and procedures for code inspections mandated by building permits. The City will charge contractors for additional inspection fees for the third re-inspection on any item and every re-inspection thereafter. 1-12.2 Inspection Requirements. Notify the City Representative a minimum of two Working Days before inspection is required.
Unless stated elsewhere in the Specifications, the City will inspect the Work between 7a.m. and 4:00 p.m., Monday through Friday, excluding City holidays. Pay for any inspections required by your actions outside these hours at the prevailing rate of one and one-half (1 ½) times the regular hourly wage rate plus twenty-one (21) percent for overhead costs.
A. Submit a request to the City Representative for approval a minimum of five (5) Calendar Days, before inspections are required as a result of your actions on Saturdays, Sundays or City and federal holidays. Pay for these inspections at the prevailing rate of 1 1/2 times for Saturdays and 2 times the regular hourly wage rate for Sundays or City and federal holidays plus associated overhead costs.
B. For purposes of this section, the City observes the following holidays:
1. New Year's Day
2. Martin Luther King Jr. Day
3. Presidents’ Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran’s Day
8. Thanksgiving Day
9. Day after Thanksgiving
10. Christmas Day
39 A construction calendar showing the days each of these holidays are observed is available from the City Representative.
C. Telephone the City Representative at least two (2) Working Days before starting construction or resuming construction after suspension of the Work for any reason.
Before beginning any work on the Contract, submit a complete City of Fountain Valley Encroachment Permit form.
D. In addition to any inspection required by Codes and Ordinances or Contract Documents, notify the City Representative a minimum of two (2) Working Days before permanently concealing any materials or work. The following list is typical but not inclusive of such required inspections:
1. Foundation/subgrade material, footing and slab beds
2. Reinforcing for concrete, masonry and plaster
3. Contact surface of concrete forms
4. Concrete and masonry surfaces
5. Piping and conduit
6. Finish grade prior to paving, seeding or planting
2. All soil mixes prior to installation
3. All chemicals and amendments prior to installation or application
4. Framing
5. Insulation
6. Waterproofing
1-13 SPECIAL NOTICES. Any notice that is to be served according to this section, whether provided in the Specifications or directed by the City Representative, must be in writing, dated and signed by you or the City Representative. These notices are not effective unless served as follows:
A. Notice to the City: by personal delivery or by deposit in the United States mail, in a sealed envelope addressed to the City, postage paid and registered.
B. Notice from the City to you: by personal delivery to you or to your authorized representative or by deposit in the United States mail, in a sealed envelope addressed to you at your regular place of business or any other address established to conduct the work under this Contract, postage paid and registered.
C. Notice to the surety or to any other person: by personal delivery, or by deposit in the United States mail, in a sealed envelope addressed to the surety or person at the address of the surety or person given to the noticing party, postage paid and registered.
1-14 CORRESPONDENCE. Unless the City Representative specifies or requests otherwise, do not send routine correspondence, including submittals, by facsimile (fax) machines. The City will allow internet email for urgent matters such as notification of a change of conditions. Unless otherwise allowed by the City Representative, direct all internet email to the City Representative. The City Representative will give you his/her
40 internet email address at the pre-construction meeting. Internet email received after 2 p.m. is considered received the following Working Day. Follow up all internet email with a paper copy mailed to the City Representative on the same day you send the internet email. The City Representative will not accept any illegible internet email correspondence.
1-15 CONTRACT COORDINATION. Coordinate scheduling, submittals and the Work to assure an efficient and orderly sequence of installing construction elements that will accommodate later installations.
Hold coordination meetings and pre-installation conferences with City Representatives and subcontractors in addition to the weekly progress meetings required by the City, to assure coordination of the Work.
If the City exercises partial Acceptance or beneficial occupancy of the premises, coordinate site access to complete work or to correct defective work and work not strictly conforming to the Contract Documents to minimize disruption of the City's activities.
1-16 REVIEW OF DOCUMENTS, SITE AND EXISTING IMPROVEMENTS 1-16.1 Contractor’s Duty of Review. Contractor’s submission of its Bid and execution of the Sourcewell Indefinite Quantity Construction Agreement constitutes its representation, acknowledgement and agreement that it had sufficient time, access and opportunity prior to the Bid Closing Deadline to conduct a careful and thorough examination, to its satisfaction, of:
1-16.1.1 the Bidding Documents, Contract Documents, Reference Documents and other information provided by Sourcewell to Contractor prior to the Bid Closing Deadline concerning the application and use of the Construction Task Catalog & Specifications (CTC & Specs) in determining the Contractor’s ability to successfully perform work under this EZIQC Contract, including but not limited to proper use of detailed line items in the CTC and calculation of associated pricing commensurate with the Contractor’s means and methods, in determining the bid factors.
1-16.1.2 the visible conditions at the Site associated with this EZIQC Contract and associated Work Order and its surroundings, visible conditions of Existing Improvements and their existing uses by City or the public, routes of ingress and egress, and local conditions in the vicinity of the Site (including, without limitation, sources and availability of labor, materials and equipment);
1-16.1.3 the status of any construction at the Site associated with this EZIQC Contract and associated Work Order concurrently under construction; and 1-16.1.4 all information concerning visible and concealed conditions above and below the surface of the ground at the Site associated with this EZIQC Contract and associated Work Order and in Existing Improvements (including, without limitation, surveys, reports, data, as-built drawings of Existing Improvements and utility sources, capacities and
41 locations) that was either (1) provided by City to Contractor or other Bidders (including, but not limited to, the Bidding Documents and Reference Documents).
ARTICLE 2 – CHANGES IN THE WORK
2-1 CHANGES REQUESTED BY THE CONTRACTOR.
2-1.1 General - The City Representative may grant changes to the Plans and Specifications that you request in writing, which do not materially affect the Work and which are not detrimental to the Work or to the City’s interests. This does not grant you the right to demand that the City Representative accept your changes.
To request a change, submit a written Request for Change Order to the City Representative that contains:
A. Description(s) of the proposed change(s);
B. Statement(s) of the reason(s) for the change(s);
C. Reference to applicable Specifications sections and specific plans that support your request(s);
D. Statement of the effect on the Contract Price and Contract Time; E. Statement of the effect on the work of separate subcontractors; F. Documentation supporting any change in Contract Price or Contract Time, if appropriate.
2-2 CHANGES REQUESTED BY THE CITY.
2-2.1General. The City may issue a written Change Order that includes the dollar value of the change or establishes the payment method and any adjustment in the Contract Time to modify the Work including, but not limited to, the Plans, Specifications, character, quantity or time of the Work. A Supplemental Work Order may be issued in association with an existing approved Work Order, under this EZIQC Contract, to address deleted work or compensable changes.
2-2.2 Contract Adjustments. Contract Adjustments to the Work Order Contract shall only be permitted as follows: (1) the Contract Price shall only be adjusted by means of a Request for Change Order; and (2) the Work Order Contract Time shall be adjusted by means of a Request for Change Order. All Contract Adjustments to the Contract Price shall conform, without limitation, to the requirements of this Article 2. All Contract Adjustments to the Contract Time shall conform, without limitation, to the applicable requirements of this Article 2.
2-2.3 Work Order Adjustments. Adjustments to projects for which a Work Order hasbeen issued under the Sourcewell Contract shall only be permitted as follows: (1) a Supplemental Work Order shall be issued to offset the original Work Order amount by adding or deleting scope and the agreed price in accordance with the contract. A Supplemental Work Order will adjust the project cost by providing the primary back-up documentation to an approved City Request for Change Order; and (2) A Supplemental Work Order may also be used to offset the Work Order Time by adding or deleting days by providing primary back-up documentation to an approved City R e q u e s t f o r Change Order. All Work Order Adjustments shall conform to the requirements of each project for which Sourcewell-EZIQC Contracting program is being used and to the Contract Documents, without limitation, as well as to the requirements of this Article 2.
All Work Order Adjustments to Time shall conform, without limitation, to the applicable requirements of this Article 2.
2-2.4 Written Authorization. Any Change performed by Contractor pursuant to any
42 direction other than a duly authorized and executed Supplemental Work Order, Change Order, Unilateral Change Order or Construction Change Directive shall be at Contractor’s Own Expense.
2-2.5 Change Orders. The City Representative may order minor changes in the Work not involving an increase or decrease in the Contract Price, or a change in the time for completion but that are consistent with the purposes for which the work is being constructed. If you believe any order for minor changes in the Work involves changes in the Contract Price or time of completion, stop work on the minor changes ordered and immediately after receiving the order, notify the City Representative in writing of your estimate of the change in the Contract Price and time of completion.
A Supplemental Work Order is a written instrument, prepared by the Contractor, using the e-Gordian software associated with the Sourcewell-EZIQC Program, stating:
5.3.2.1 a Compensable Change or Deleted Scope of Work;
5.3.2.2 a Compensable Delay or Excusable Delay;
5.3.2.3 the amount of the Work Order Adjustment, if any, to the Work Order Price; and/or
5.3.2.4 the extent of the Work Order Adjustment, if any, to the Work Order Time.
2-2.6 UNILATERAL SUPPLEMENTAL WORK ORDER
2-2.6.1 Unilateral Supplemental Work Order. A Unilateral Supplemental Work Order shall be the primary back-up documentation to a Unilateral Change Order issued by the City. The purpose of the Unilateral Supplemental Work Order is to provide the City with a flexible procedure by which it may respond expeditiously to its needs. By virtue of this clause, the City is entitled to order Work and to bind the Contractor to performance of the Work as needed for the term of this EZIQC Contract.
2-2.6.2 Purpose. The purpose of a Unilateral Supplemental Work Order is to establish the City’s estimate of a disputed Contract Adjustment.
2-2.6.3 Good Faith Determination. The City's determination in a Unilateral Supplemental Work Order of a Contract Adjustment shall be based upon a Good Faith Determination by City of the Contract Adjustment that is appropriate under the circumstances and consistent with the terms of the Contract Documents. 2-2.6.4 Claim by Contractor. If Contractor disputes any portion of the City’s Good Faith Determination of a Contract Adjustment that is set forth in a Unilateral Supplemental Work Order, Contractor shall file, within thirty (30) Days after issuance of the Unilateral Supplemental Work Order by City, a Claim. The amount of the Contract Adjustment requested in the Claim shall not exceed the difference between the amount (either in terms of dollar amount or number of Days) of the Contract Adjustment requested by Contractor and the amount (either in terms of dollar amount or number of Days) of the Contract Adjustment granted in the Unilateral Supplemental Work Order. Contractor shall
43 have no reserved right, and hereby waives any such right that may exist under Applicable Laws, to seek in such Claim a Contract Adjustment or recovery that is based upon any amount (either in terms of dollar amount or number of Days) that is in excess of such difference.
The City will not pay for changes in the Work or in the time of completion unless the changes are covered by a City-approved, written Request for Change Order before you begin the changed work.
Once both parties execute a Request for Change Order, it is final and you waive your right to seek additional compensation for the work covered or by any project impacts.
All Request for Change Orders constitute full payment for the work they cover, including all direct and indirect overhead expenses.
Despite any other provisions in the Contract Documents, the City’s Request for Change Order does not constitute the City’s waiver of, or preclude the City from asserting, any claim respecting it, including but not limited to, a claim of breach of contract or a claim that the issued Request for Change Order covers work included in the scope of Work in the Contract Documents for which you were not entitled to additional funds and time extension.
A Request for Change Order is approved when the City signs it and a purchase order is issued. A Supplemental Work Order, as back-up to all Request for Change Orders, and a City Request for Change Order shall be executed by the City and Contractor. A Unilateral Change Order shall be executed by the City.
Supplemental Work Orders, Request for Change Orders, Unilateral Change Orders and Construction Change Directives shall be executed using forms furnished by City or, if requested by the City, using forms furnished by Contractor that are approved by the City.
The City Representative may approve and issue a Contract Change Order at any time.
If you disagree with any terms or conditions in an approved Contract Change Order, you did not execute, proceed with the Change Order work according to 2-5 of the Specifications and submit a written protest to the City Representative within fifteen (15) days after receiving the approved Contract Change Order. The protest must include the points of disagreement and cite the Specification references, quantities, and costs involved. If you do not submit a written protest, you will be paid per the approved Contract Change Order and that payment constitutes full compensation for all work included in or required by it. The City considers unprotested approved Contract Change Orders as executed Contract Change Orders.
The City Representative may also initiate changes by sending you a Request for Quotation that includes a detailed description of the change, products, location of the change and supplementary or revised Plans and Specifications. This request is not an instruction to execute the changes or to stop work in progress.
Support each quotation for a lump-sum proposal and for each unit price not previously established, with sufficient substantiating data to allow the City Representative to evaluate the quotation.
On request, provide additional data to support time and cost computations, labor, equipment, product requirements, a recommended purchase source and unit cost and quantities required, taxes, insurance as well as credit for work deleted from the Contract, similarly documented, and justification for any change in Contract Time.
44 Support each claim for additional costs and for work done on a time-and-material/force account basis with the documentation required for a lump-sum proposal, plus the following:
A. Name of the City Representative who ordered the work and the date of the order; B. Dates and times work was performed and by whom;
C. Time record, summary of hours worked and hourly rates paid; D. Receipts and invoices for equipment used showing dates and times of use, products used, quantities and subcontracts.
In lieu of a Request for Quotation, the City Representative may issue a written Field Order for you to proceed with a change subsequently included in a Contract Change Order. Field Orders describe changes in the Work, both additions and deletions, and include a copy of revised Contract Documents defining details of the change and designate how any change in the Contract Price and the Contract Time is determined.
The City Representative will sign and date the Field Order as authorization for you to proceed with the changes. You may sign and date the Field Order to indicate agreement with its terms. Do the work ordered before you receive an approved Contract Change Order.
2-2.7 Agreed Prices. If mutual agreement cannot be reached, the City Representative may direct you to proceed, on the basis of Extra Work per 2-3, except as otherwise specified in 2-2.2.2 and 2-2.2.3. Agreed prices must be negotiated before beginning the changed work.
2-2.8 Eliminated Items. If any Bid item is eliminated, payment will be for your actual costs incurred in connection with the eliminated item before written notification from the City Representative stating its elimination. If you order material conforming to the Plans and Specifications to use in the eliminated item before the date the City Representative notifies you of its elimination and that order cannot be canceled, you will be paid for the actual cost of the material which then becomes the City’s property. The City will pay you for additional actual handling costs. If the material can be returned, you must return it and the City will reimburse you for the actual cost to do so as well as any handling charges. Actual costs as used here are computed based on Extra Work per 2-3. 2-2.9 Acceleration Clause.
B. The City reserves the right to accelerate the Work. If the City directs acceleration, its directive will be in writing. Keep cost and other project records related to the acceleration directive apart from normal project costs and records and provide a daily written record of the acceleration cost to the City.
C. If you believe that the City’s action or inaction constitutes an acceleration directive, immediately notify the City in writing. In your written notification, detail the circumstances of the acceleration directive. Do not accelerate your work efforts until the City responds. If the City directs or requires acceleration, maintain all cost records referred to above and provide them to the City daily.
D. To recover additional costs due to acceleration, document the additional expenses you incurred and paid. The only recoverable labor costs are overtime or shift premium costs, or the cost of additional laborers brought to the Site to perform the accelerated work. The only recoverable equipment costs are the cost of added equipment mobilized to the Site to perform the accelerated work.
45 a. EXTRA WORK.
2-3.1 General. The City Representative will classify new or unforeseen work not covered by Contract Unit Prices as Extra Work.
All costs set forth in A through J, below, are part of your overhead and profit and as included in the Contract Amount and covered in 2-3.2.6. Do not include any of the following in the Cost of the Work:
A. Payroll costs and other compensation of your project manager, superintendents, project engineers, officers, executives, principals, owners, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks and other personnel you employ at the Project site or in your principal or a branch office for general administration of the Work;
B. Costs and expenses of your principal office, branch offices and office located at the Project site;
C. Any part of your capital expenses, including interest on your capital employed for the Work and charges against you for delinquent payments; D. Cost of premiums for all bonds and for all insurance whether or not the Contract Documents require you to purchase and maintain them excepting the cost of premiums in 2-3.2.6;
E. Costs due to negligence, act or failure to act by you, any subcontractor, or anyone else directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, correcting defective Work, disposal of materials or equipment furnished in error and repair and replacement of any property damage;
F. Consumable materials, such as drill bits, abrasive discs, gloves, rags, rope, welding tips, etc.;
G. Tools and equipment with an original costs of less than $1,000; H. Other overhead or general expense costs of any kind and the cost of any item not specifically set forth in 2-3.2.6;
I. Consequential expenses including bonding capacity impairment, lost opportunity, labor, wage or cost escalations, legal expenses or changes in taxes; J. All costs in 2-3.1 apply to any claims of subcontractors and suppliers, regardless of tier.
2-3.2 Payment.
2-3.2.1 General. When City and Contractor cannot agree on the price for extra work, the City will pay for the extra work based on the accumulation of costs provided here. 2-3.2.2 Basis for Establishing Costs.
A. Labor - The cost of labor is the actual cost for the wages of workers performing the Extra Work, plus employer paid payroll taxes, workers’ compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds and other direct costs resulting from federal, state, or local laws, as well as assessments or benefits required by lawful collective bargaining agreements.
46 Do not use a labor classification that would increase the Extra Work cost unless you establish the need for it. Report labor costs for equipment operators and helpers only when the costs are not included in the invoice for the equipment rental. The labor cost for foremen must be only for time spent on the Extra Work.
B. Materials - Report the cost of materials at the invoice or lowest current price at which the materials are locally available and delivered to the Work site in the quantities required plus sales tax, freight and delivery. The City reserves the right to approve materials and supply sources or to supply materials to you if necessary for the progress of the Work. The City will not apply a markup to any material it provides. 2-3.2.3 Tools and Equipment Rental. To determine equipment rental rate costs, use the rates listed for the equipment in the State of California, Department of Transportation (Caltrans) publication “Equipment Rental Rates and Labor Surcharge,” available from Caltrans at https://dot.ca.gov/programs/construction/equipment-rentalrates-and-labor-surcharge in effect on the date the work is performed, regardless of ownership and any rental or other agreement you enter into to use the equipment. If the City Representative decides it is necessary to use equipment not listed in that publication, the City Representative will establish a suitable rental rate. You may furnish any cost data that might assist the City Representative to establish the rental rate. Rental time is not reimbursable while the equipment is inoperative due to breakdowns.
Operators of rented equipment will be paid as provided in 2-3.2.2.
The rental rates paid include the cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance necessary equipment loading, transportation costs and all incidentals.
Equipment used intermittently that could, when not in use, be returned to its rental source at less expense to the City than holding it at the Work site, must be returned unless you elect to keep it at the Work site at no expense to the City.
All equipment must be acceptable to the City Representative, in good working condition and suitable for the purpose for which it is used.
The reported rental time for equipment already at the Work site is the duration of its use on the Extra Work. This time begins when the equipment is first used on the Extra Work plus the time required to move it from its previous site and back or to a closer site 2-3.2.4 Other Items. The City may authorize other items required on the Extra Work including labor, services, material and equipment. These items must be different from those required for the Work and be of a type not ordinarily available from you or subcontractors.
2-3.2.5 Invoices. Submit vendors’ invoices for material, equipment rental and other expenditures with the daily report per 2-3.3. If you do not substantiate the daily report with invoices or other documentation, the City will establish the cost of the item involved at the lowest price that was current at the time of the report. 2-3.3 Contractor Daily Reports. When we cannot agree on the cost of the Extra Work, submit a daily report to the City Representative on City-approved forms that includes
47 applicable delivery tickets listing all labor, materials and equipment involved for that day and other authorized services and expenditures. If you do not submit the daily report by the close of the next working day, you waive any rights for that day. The City will try to reconcile the report daily, which you and the City Representative will sign. If there is a disagreement, then each party will enter relevant notes to explain the points in question.
Each party keeps a signed copy of the report. Submit reports by subcontractors or others to the City.
Notify the City Representative at the beginning of each day when Extra Work is in progress. The City will not pay for work it has not verified.
The report shall:
A. List the names of workers, classifications and hours worked B. Describe and list quantities of materials used
C. List the equipment type, size, identification number and hours of operation including loading and transportation, if applicable
D. Describe other services and expenditures the City requires. 2-3.4 Price Reduction for Defective Cost or Pricing Data.
A. If the City determines that any price, including profit or fee, negotiated in connection with any Request for Change Order or claim settlement under this Contract, or any cost reimbursable under this Contract, was increased because:
1. You furnished cost or pricing data that was not accurate, complete and current as certified in your Certificate of Current Cost or Pricing Date;
2. A subcontractor, supplier, materialman or prospective subcontractor at any tier furnished cost or pricing data to support a subcontract in your cost estimate that was not accurate, complete and current on the date certified in your Certificate of Current Cost or Pricing Data; or,
3. You or a subcontractor, supplier, materialman or prospective subcontractor at any tier furnished data not within numbers 1 or 2 above, which was not accurate.
B. The City will reduce the price and modify the Contract in writing, if necessary, to reflect the reduction. Any reduction in the Contract price because of a prospective subcontractor’s defective subcontract data, when the subcontract was not awarded to that subcontractor, is limited to the amount plus applicable overhead and profit, by which the actual subcontract or actual Contract cost if there was no subcontract, was less than the prospective subcontract cost estimate you submitted, provided that the actual subcontract price was not affected by the defective cost or pricing data.
C. Provide the following certification on all Request for Change Order cost quotations or requests or all requests for equitable adjustment exceeding $5,000.
48 CERTIFICATE OF CURRENT COST AND PRICING DATA
This is to certify that, to the best of my knowledge and belief, cost or pricing data submitted in writing, or specifically identified in writing if actual submission of the data is impractical, to the City to support (proposal quotation, request for equitable adjustment, or other submissions involved, appropriately identified) are accurate, complete and current as of (date).
Contract No.
Request for Change Order No.
Company:
Name:
Title:
Date:
Signature:
b. CHANGED CONDITIONS. Notify the City Representative of the following Work site conditions, “changed conditions,” in writing, when discovered and before disturbed:
i.Subsurface or latent physical conditions differing
materially from those represented in the Contract
Documents;
ii. Unknown physical conditions differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and
iii.Remove to a Class I, Class II or Class III disposal site according to provisions of existing law, material differing from that in the Contract Documents you believe may be hazardous waste as defined in § 25117 of the Health and Safety Code
The City Representative will investigate conditions that appear to be changed conditions. If the City Representative determines that conditions are changed conditions and will materially affect costs, the City Representative will issue a Request for Change Order, utilizing the City’s Change Order Request Form, adjusting compensation for that portion of the Work according to 2-2.6, and you may submit a written request for a time extension according to 5-6, which the City Representative may grant.
If the City Representative determines that the conditions do not justify a compensation adjustment, then you will be notified in writing. The notice will also advise you of your obligation to notify the City Representative in writing if you disagree.
If you disagree with the City Representative’s decision, submit a written notice of potential claim to the City Representative before beginning the disputed work. This dispute does not excuse you from any scheduled completion date in the Contract and you must proceed with all Contract Work. However, you retain all rights provided either
49 by the Contract or by law pertaining to dispute and protest resolution between the contracting parties. Proceed according to 2-5.
Failing to give notice of changed conditions when discovered and before being disturbed constitutes a waiver of all claims connected to them. c. DISPUTED WORK. If we are unable to reach agreement, the City may direct you to proceed with the Disputed Work and will pay you pursuant to 2-2, 2-3, mediation or arbitration if the City and Contractor agree to it, or as fixed in a court of law.
Keep and furnish records of Disputed Work to the City Representative according to 2-3 but do not construe this as proceeding under 2-3.
ARTICLE 3 – CONTROL OF MATERIALS
3-1 MATERIALS AND WORKMANSHIP.
3-1.1 General. Furnish all materials required to complete the Work, except materials the Specifications designate as City-furnished materials.
All materials, parts, and equipment you furnish for the Work must be new, high grade and defect free. Do not use used materials, parts and equipment unless allowed in the Specifications.
The quality of materials and workmanship are subject to the City Representative’s approval. The City Representative will reject materials and workmanship that do not conform to the requirements of the Specifications. At the City Representative’s direction, immediately remove defective work or material, whether in place or not, from the Work site at your expense.
If you fail to replace defective or damaged work or materials after reasonable notice, the City Representative may have the work or materials replaced and deduct the replacement expense from money owed you.
3-1.1.1 Contractor Equipment and Plants. Operate only equipment and plants suitable to produce the quality of work and materials required on the project. Maintain the equipment and plants in good repair during the Work. Do not use obsolete or badly worn equipment and plants; do not exceed the Manufacturer’s ratings.
Design and construct plants according to the general practice for the equipment and with enough capacity to ensure a material production rate adequate to ensure completion within the time limit(s) specified in the Contract Documents, if any.
When ordered by the City Representative, remove unsuitable equipment from the Work site and do not use the unsatisfactory plants and equipment. 3-1.1.2 Adoption or Revision Date for Standards, Codes and Tests. Whenever a standard, code, specification, or test is referred to and the designation representing the adoption date or the latest revision is omitted, use the latest revision of the standard, code, specification or test in effect on the day the Notice Inviting Bids is dated.
Submit, according to Public Contract Code § 3400, data substantiating requests for substitution of “equal” items within thirty-five (35) days of Contract award or before 10 percent of the Contract Working Days have expired, whichever is less. This time is included in the number of Working Days allowed to complete the Work. The City Representative’s decision regarding substitution acceptability is final.
50 Materials, equipment and supplies provided must, at no charge to the City, fully conform to all applicable local, state and federal safety laws, rules and regulations and orders and provide only those materials, equipment, and supplies even though omitted in the Contract Documents, of the particular material, equipment or supply specified. 3-1.2 Protection of Work and Materials. Provide and maintain storage facilities and employ measures that preserve the specified quality of materials used in the Work.
Stored materials must be reasonably accessible for inspection. Adequately protect new and existing work and all equipment for the duration of the Contract.
Do not, without the City’s written consent, assign, sell, mortgage, pledge or remove installed or delivered equipment or materials necessary to complete the Work. 3-1.3 Inspection Requirements. The City Representative may inspect and test materials for the Work. Supply without charge, any samples that may be required.
Give the City Representative a list of your sources of materials, including locations where the materials will be available for inspection a minimum of twenty (20) Calendar Days before they are used. The City Representative may inspect, sample or test materials at the supply source or at other locations, but the inspection, sampling or testing will not happen until you assure the City Representative of both your cooperation and assistance and that of the materials supplier. Ensure that the City Representative has free access at all times to the material(s) inspected, sampled or tested. These inspections and tests, if made other than where the material will be incorporated in the Work, do not guarantee acceptance of the material or the continued acceptance of material presumed similar to what the City inspected and tested The City’s inspection and testing do not relieve you or your suppliers of responsibility for quality control.
Deliver the manufacturers' warranties, guarantees, instruction sheets and parts lists furnished with certain materials incorporated in the Work, to the City Representative before the Contract Work is accepted.
You may examine reports and records of inspections made and tests performed when they are available at the Work site.
3-1.3.1 General. The City Representative may inspect material production or product manufacture at the supply source but not before you assure the City Representative of the cooperation and assistance of both you and the material producer. The City Representative must have free entry at all times to the parts of the plant that concern the manufacture or production of the materials. Furnish free of charge, adequate facilities to make the necessary inspection. The City assumes no obligation to inspect materials at the supply source.
Unless otherwise stated in the Specifications, inspection is required at the source for asphalt concrete pavement mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application and similar shop or plant operations. The Specifications list additional materials and fabricated items that require inspection at the source.
51 Steel pipe in sizes less than 18 inches and vitrified clay and cast iron pipe in all sizes, are acceptable when certified as compliant with the Specifications, subject to sampling and testing by the City. Standard items of equipment such as electric motors, conveyors, elevators, plumbing fixtures, etc., are inspected only at the Work site.
Special items of equipment like designed electrical panel boards, large pumps, sewage plant equipment, etc., are inspected only at the performance testing source. Inspection at the source for other items is provided in the Specifications. 3-1.3.2 Inspection of Materials Not Locally Produced. When you intend to purchase materials, fabricated products or equipment from sources more than 50 miles beyond the City’s geographical limits, engage at your expense an inspector or accredited testing laboratory, approved by the City Representative, to inspect the materials, equipment or process before producing any material or equipment. The inspector or representative of the testing laboratory must evaluate the materials to confirm they comply with the requirements of the Plans and Specifications. Forward the required reports to the City Representative. The approved agent must conduct a proper inspection before any materials ship or are processed, fabricated, or treated. The agent’s approval does not relieve you of your responsibility for complying with the requirements of the Contract Documents.
3-1.3.3 Inspection by the City. The City will provide all inspection and testing laboratory services within 50 miles of its geographical limits. 3-1.4 Test of Materials. Before incorporation into the Work and at no cost to the City, submit samples of materials the City Representative may require and deliver the materials for testing to the place and at the time the City Representative designates.
The City Representative may direct, unless otherwise specified, all initial testing and two additional retests, at no expense to you. The Specifications identify testing you provide and for which you pay.
To allow enough time to perform the tests, notify the City Representative in writing at least twenty (20) Working Days before you intend to use the materials. The notice must name the proposed supplier and the material source.
If you send the notice of intent to use before the materials are available for testing or inspection, or so far in advance that the materials on hand at the time will be replaced by a new lot before it’s used on the Work, re-notify the City Representative when representative samples are available.
The City Representative or a designated representative will make the inspection and testing but if made at any point other than at the point of incorporation in the Work, they do not guarantee acceptance of the materials nor of continued acceptance of materials presumed similar to those inspected and tested.
Test materials according to commonly recognized procedures of technical organizations and any special procedures prescribed in the Contract Documents. Material sampling and testing will occur when, during the process of the Work, the City Representative deems desirable; cooperate in obtaining the samples.
52 3-1.4.1 Testing Laboratory. Use and pay for the services of an independent testing laboratory, subject to the City’s approval, to perform other testing and inspection services required by the Contract Documents.
Before starting Work, submit the name, address and telephone number of your testing laboratory as well as the names of a full-time registered engineer and a responsible officer.
Using testing laboratories does not relieve you of your obligation to perform the Work according to the Contract Documents.
Laboratory field technicians employed by the City have no authority to release, revoke, alter or enlarge on the requirements of Contract Documents or to approve, accept or stop any portion of the Work.
You must:
i.Cooperate with laboratory personnel, provide access to work and arrange access to manufacturer's operations.
ii. Provide preliminary representative material samples to the laboratory in the required quantities.
iii. Furnish copies of mill test reports.
iv.Provide casual labor and facilities for access to work being tested, obtain and handle samples at the site, facilitate inspections and tests and provide facilities for the laboratory's exclusive use to store and cure test samples.
v.Coordinate testing requests through the City
Representative. Notify the City Representative at least three (3) Working Days before operations to allow for
assignment of personnel and scheduling of tests.
vi.Pay for additional laboratory inspections, sampling and testing required for your convenience and when initial tests indicate that work does not comply with Contract Documents.
vii. When required by the Contract Documents, submit the manufacturer’s certificate, executed by a responsible officer, certifying that the product(s) meet or exceed specified requirements. Provide the certification in duplicate.
3-1.5 Certificate of Compliance. Give an original, wet signed Certificate of Compliance to the City Representative before using any material or assembled material required by the Specifications or the City Representative.
The City Representative may waive Specifications materials testing requirements and accept the manufacturer’s written certificate of compliance that the supplied materials meet those requirements. The City Representative may require inclusion of materials test data with the submittal.
Materials used based on a Certificate of Compliance may be sampled and tested at any time. Submitting a Certificate of Compliance does not relieve you of responsibility for incorporating material into the Work that conforms to the requirements of the Contract Documents. The City Representative may reject any material not conforming to the requirements whether in place or not.
53 3-1.6 Trade Names or Equals. You may supply any of the materials specified or offer an equivalent. The City Representative will determine whether the material offered is equivalent to that specified. Allow adequate time for the City Representative to make this determination.
A materials list is not intended to be comprehensive or in order of preference. You may offer any material, process or equipment you consider equivalent to that indicated. At your expense, furnish data about items you offer as equivalent to those specified as provided in the Contract Documents.
If the City Representative requires it, test the material to confirm that its quality, strength, physical, chemical or other characteristics including durability, finish, efficiency, dimensions, service and suitability will allow it to fulfill its intended function.
The City Representative must approve the test methods. Report the test results promptly to the City Representative who will evaluate them and determine whether the substitute item is equivalent.
The City Representative’s findings are final. Do not install and use a substitute item until the City Representative approves it.
If your substitute is not found equal to the specified material you must furnish and install the specified material. No circumstances resulting from the provisions of this section affect the Contract completion time.
Submit a products list as follows:
A. Within the time stated in the Specifications, send the City Representative the number of copies you need plus four (4) of a list of major products you propose installing that includes the manufacturer’s name. Arrange the products by specification section number, title and article number.
B. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation and reference standards.
C. The City Representative will reply in a writing that states whether there is a reasonable objection to the listed items. Failure to object to a listed item does not constitute a waiver of Contract Documents requirements.
The following limitations apply to substitutions:
A. The City will only consider requests for substitutions of products during the time specified in the Contract Documents. The City will consider subsequent requests only in the case of product unavailability or other conditions beyond your control.
Material delivery schedules do not justify a substitution.
B. The City will not consider substitutions indicated on shop drawings or product data submittals without a separate formal request, or if requested directly by a subcontractor or supplier or if acceptance will require a substantial revision of the Contract Documents.
C. Do not order or install substitute products without the City Representative’s written acceptance.
54 D. The City Representative will only consider one request for substitution for each product line. If a substitution is not accepted, provide the specified product.
E. The City Representative will determine the acceptability of substitutions.
Requests for substitutions shall conform to the following:
A. Submit each request for substitution separately and document each request with complete data to substantiate its compliance with requirements of Contract Documents.
B. Identify the product by Specifications section and article numbers. Provide the manufacturer's name and address, trade name or product and model or catalog number, list fabricators and suppliers as appropriate.
C. Include an itemized comparison of the proposed substitution with the specified product, listing variations and referencing Specifications section and article numbers.
D. Provide cost data comparing the proposed substitution with the specified product and the net change to the Contract Price.
E. List the availability of maintenance services and replacement materials.
F. Discuss the substitution’s effect on the construction schedule and any changes required in other work or products.
A request for substitution is your representation that you have investigated the proposed product and have determined it is equal to or superior in all respects to the specified product and that you provide the same warranty for the substitution as for the specified product. Coordinate installing the accepted substitute, making any changes necessary for the Work to be complete in all respects. Certify that the cost data you present is complete and includes all related costs under this Contract and waive claims for additional costs related to the substitution that may later become apparent. Submit the number of copies you need plus four (4) of the request for substitution. For accepted products, submit shop drawings, product data and samples and tests conducted in accordance with 1-6.
3-1.7 Weighing and Metering Equipment. Use only scales and metering equipment inspected for accuracy and certified within the past 12 months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the county for proportioning materials.
The accuracy of a scale, except as stated here, must meet the standards of the Business and Professions Code and the Code of Regulations pertaining to weighing devices. Give the City Representative a Certificate of Compliance for approval prior to operation. Renew the Certificate of Compliance whenever the City Representative requires, at no cost to the City.
Arrange scales, whose figures must be clearly legible, for easy reading from the operator’s platform or area. The scales must indicate the true net weight without applying any factor. Scales must be accurate to within one (1) percent when tested with the plant shut down. Weighing equipment must be insulated against vibration or movement by other operating equipment in the plant area so that the weight error with the entire plant running does not exceed two (2) percent for any setting or one and one half (1.5) percent for any batch.
55 3-1.8 Calibration of Testing Equipment. Testing equipment including, but not limited to, pressure gauges, metering devices, hydraulic systems, force (load) measuring instruments and strain-measuring devices must be calibrated by a testing method acceptable to the City Representative at intervals not exceeding 12 months and after the equipment has been repaired, modified or relocated. Provide calibration certificates when the City Representative requests them.
3-1.9 City-Furnished Materials. City-furnished materials listed in the Specifications are available to you free of charge.
Give the City Representative a written request for City-furnished material at least fifteen (15) Working Days before the date you intend to use it, which includes the quantity and type of each material.
The Specifications designate locations where City-furnished materials will be available to you free of charge. Haul those materials to the Work site at your expense, including any loading and unloading that may be involved. If the Specifications do not designate locations, the City will furnish the materials to you free of charge at the Work site. In either case, all handling and placing costs of City-furnished material are included in the price for the contract item involved.
You are responsible for City-furnished materials given to you and must pay all demurrage and storage charges. Once you take possession of City-furnished materials, replace at your cost any that are lost or damaged from any cause. You are liable to the City for the cost of replacing City-furnished materials and the City may deduct those costs from any monies due or that become due to you. All City-furnished materials not used on the Work, remains the City’s property and you must arrange with the City Representative to return it to the City at your expense.
ARTICLE 4 – UTILITIES
4-1 GENERAL. For purposes of this Article 4, definitions of the terms referenced below are as follows:
An “unidentified” underground main or trunk line utility is one not indicated at all on the Plans; a “misidentified” underground main or trunk line utility is one not indicated on the Plans with reasonable accuracy (a “misidentification”). An underground main or trunk line utility is one indicated on the Plans with reasonable accuracy unless its actual location is substantially and materially different from that indicated on the Plans.
The term “rearrangement” of utilities means relocating, altering, reinstalling and reconstructing utilities, including removing existing related utilities there, necessary to accommodate the Work. Whenever in this Article 4, one or more of these rearrangement activities is referenced, the reference includes all other activities required to accommodate the Work.
56 4-2 LOCATION.
4-2.1 General. The Plans or the Specifications include known utilities and their respective owners. Where the Plans show underground utilities, assume every property parcel will be served by a service connection for each type of utility.
Pursuant to Government Code § 4216, contact the appropriate regional notification center (Underground Service Alert of Southern California [USA] at 1-800-422-4133) for an inquiry identification number at least two (2) but not more than fourteen (14) Working Days before beginning any excavation required for the Work. Caltrans and some other agencies are not required to be a member of a regional notification center. Contact nonmember agencies directly and ask them to locate and mark their subsurface installations. Pursuant to Government Code § 4216.2., coordinate any proposed excavation within ten (10) feet of a high priority subsurface installation with the operator.
Before starting the Work, physically locate subsurface installations within 24 inches of any side of excavations required for the Work. Determine the horizontal and vertical location, alignment, depth, material type and size of each subsurface installation.
Excavate according to Government Code § 4216.4, and provide the subsurface installation location data to the City Representative within the time stated in the Specifications.
Notify the City Representative in writing immediately after identifying potential physical conflicts between existing subsurface installations and the Work. Include in the written notification:
A. Location date;
B. Location method;
C. Type, size, and material of subsurface installation; D. Horizontal location;
E. Elevation (or depth from existing pavement or ground surface) of the top and bottom of the subsurface installation; and
F. Presumed owner.
Complete excavation, backfill and placement of temporary resurfacing on the same day.
Place permanent resurfacing within five (5) Working Days unless otherwise required by the Specifications or directed by the City Representative.
A list of utility companies with facilities located in or near the construction area is in the Specifications. The City Representative tried to determine exiting utility substructures at the Work site by reviewing the records of owners of known utilities in the area and consulting with them, and used their information to show on the Plans their utility substructures (except for service connections) that may affect the Work.
Utility information provided on the Plans and in the Specifications has not been verified and may not be accurate or complete. Except as expressly provided in this Article 4, do not rely on the utility information. The City assumes no responsibility for its accuracy or completeness. Changed conditions within the scope of 2-4 do not include utilities.
57 Determine the exact location, both horizontal and vertical, type and size of all existing utilities including service connections, before beginning work that could damage the utilities or otherwise affect or be affected by the utilities or interfere with their service.
Where the Plans show underground main distribution conduits like water, gas, sewer, electric power, telephone or cable television, assume that every adjacent property parcel will be served by a service connection for each type of utility shown. Investigate, research, survey and pothole as you believe necessary to make the determinations and immediately notify the City Representative of any utility discovered in a different location than indicated on the Plans or not indicated on the Plans at all.
Your cost to locate any unidentified or misidentified underground main or trunk line utility, will be paid for as an addition to the Work, according to Article 2. You are not entitled to this additional compensation if the existence and location of the utility, with reasonable accuracy, was or should have been known to you on the date Bids were due or could have been inferred at that time from the presence of visible facilities such as buildings, meters, junction boxes or identifying markers. The cost to locate all other utilities is included in prices in the Bid for other items of the Work.
Information about underground and internal utilities and appurtenances you are required to record in the Record Documents as specified in 6-14 must include, but not be limited to, the accurate location of underground utilities determined pursuant to 4-2 that remain in place as well as utilities either you or the utility owners rearrange.
Ask the City of Fountain Valley Public Works Department Engineering Division at 714- 593-4433, to locate any existing traffic signal conductors and interconnect within the construction area before performing Work that may affect, or be affected, by the existing facilities.
Except as expressly provided in this Article 4 regarding unidentified or misidentified underground main or trunk line utilities, a utility company’s failure to accurately mark its facilities does not justify a time extension or additional compensation from the City.
Obtain photographs of all markings made by your forces as well as all USA markings and submit to the City Representative within two (2) Working days. All photographs must show the markings in relation to one or more identifiable landmarks that will remain in place after completion of the Work and of any utility removal and rearrangement work in the vicinity.
Governmental agencies and utility owners reserve the right to enter at any time, any street, alley, right of way or easement to maintain and repair their property. 4-2.2 Payment. Include payment for your cost to locate utilities in the various items of work; the City will not pay additional compensation for this cost. 4-3 PROTECTION. Do not interrupt the service or disturb the support of any utility without authority from the utility owner or direction from the City Representative.
Maintain valves, switches, vaults and meters as readily accessible for emergency shutoff.
58 Unless otherwise provided on the Plans or in the Specifications, furnish and place necessary protection and support where required to ensure support of utilities potentially impacted by the Work.
The City will pay any additional cost you incur to protect and support an unidentified underground main or trunk line utility or from misidentifying an underground main or trunk line as an addition to the Work according to Article 2. You are not entitled to this additional payment if the utility’s existence and location or with reasonable accuracy should have been known to you on the date Bids were due or could otherwise have been inferred at that time from the presence of visible facilities such as buildings, meters, junction boxes or identifying markers. Include the cost to protect and support all other utilities in prices in the Bid for other items of the Work.
Immediately notify the City Representative and the utility owner if any utility is disturbed or damaged during the Work. If the City Representative directs you to, restore, repair or replace the disturbed or damaged utility.
The City will pay your cost to restore, repair or replace any unidentified or misidentified underground main or trunk line utility, that is disturbed or damaged by the Work that does not result from your failure to perform your obligations under the Contract Documents including without limitation, § 4-2, or to exercise reasonable care as an addition to the Work according to Article 2. Except where this paragraph allows additional compensation, either you or the utility owner must restore, repair or replace at your expense, all utilities you disturb or damage in the course of the Work.
To the full extent allowed by law, all obligations listed in 6-3.2 apply, if any claims or liabilities as defined there, are asserted or claimed by any person or entity resulting from any disturbance or damage to utilities your act or omission caused, whether or not the utilities are accurately marked on the Plans or in the field by the utility owner, and whether or not there is concurrent active or passive negligence by the City and City Personnel, but excluding any claims or liabilities arising from the sole active negligence or willful misconduct of City or City Personnel.
When placing concrete around or contiguous to any non-metallic utility installation, you must at your expense:
A. Furnish and install a 2-inch cushion of expansion joint material or other similar resilient material; or
B. Provide a sleeve or other opening which will result in a 2-inch minimum-clear annular space between the concrete and the utility; or
C. Provide other acceptable means to prevent embedment in or bonding to the concrete.
Where concrete is used for backfill or for a structure which would result in embedment or partial embedment of a metallic utility installation, or where the coating, bedding or other cathodic protection system is exposed or damaged by your operations, notify the
59 City Representative and contact the affected utility owner about how to maintain or restore the integrity of the system, and implement the procedures at your expense. 4-4 REMOVAL. Remove all interfering portions of utilities shown on the Plans as "abandoned" or “to be abandoned in place.” Before starting removal operations, ask the City whether the abandonment is complete, and include the removal and disposal costs in your Bid for the items of work requiring the removals. 4-5 RELOCATION. When feasible, the owners responsible for utilities within the area affected by the Work will complete necessary installations, relocations, repairs, or replacements before you begin the Work. When the Plans or Specifications indicate that others will relocate, alter or construct a utility installation, the City will negotiate with the owners and have the utility work done at no cost to you. Protect relocated utilities in their new position and include the cost to protect in the Bid for the items of work requiring the relocation.
If you find utilities that interfere with the Work after the Contract is awarded, the respective utility owners will rearrange them, or the City Representative may order you to perform the rearrangement as an addition to the Work per Article 2. Alternatively, the City Representative may order changes in the Work to avoid the interference per Article
2. The utility owner must be satisfied with your work on its utility and your work must comply with the Contract Document requirements.
When the Plans or Specifications require you to rearrange a utility as part of the Work, all costs for the work are considered included in the Bid for the items of work requiring it.
If an underground main or trunk line utility you are to rearrange is misidentified in the Plans, then any additional cost you incur for the work as a result, is treated as an addition to the Work according to Article 2 unless its location, with reasonable accuracy, was or should have been known to you on the date Bids were due or could have been inferred then by visible facilities like buildings, meters, junction boxes or identifying markers.
Except as provided in this paragraph, you are not entitled to any additional compensation because of inaccuracies in the Plans regarding utility rearrangements included in the Work.
If you request temporary or permanent utility rearrangement for your convenience, then it is your responsibility to make all arrangements necessary for the work and to bear all related costs. You are not entitled to any additional compensation because of the utilities or work.
The provisions of this paragraph are subject to the provisions of the previous paragraph.
Where the Plans or Specifications require you to rearrange any service connections, this work is included in your Bid for the items of work necessitating the work.
Where necessary, the utility owner will relocate service connections within the limits of the Work or within temporary construction or slope easements. When the City Representative directs, arrange to relocate service connections between the meter and
60 the property line or between a meter and the limits of temporary construction or slope easements. Payment to relocate the service connections are according to 2-2 or 2-3.
Payment includes restoring all existing improvements that are affected. You and the utility owner may agree to disconnect and reconnect interfering service connections.
The City will not be a party to that agreement.
4-6 DELAYS. The construction schedule developed in accordance with 5-1 allows adequate time for you or the utility owner to protect, remove and rearrange utilities. If the utility owner performs the work, the construction schedule will allow for the time the utility owner requires for it. Notify the City Representative in writing of any subsequent changes in the construction schedule that will affect the time available to protect, remove, or rearrange utilities and get the City Representative's approval of the changes.
You are not entitled to any extensions of the Contract Time or compensation for damages incurred by delays attributable to utilities at the Work site except as provided in 5-6.1, or as provided below. Delays described below are not delays for which the City is responsible within the meaning of 5-6.3.
A. Subject to 5-6.2 and 5-6.4, you are entitled to an extension of the Contract Time for any delay in the Work directly attributable to an unidentified underground main or trunk line utility or the misidentification of an underground main or trunk line utility in the Plans. You are entitled to an extension of the Contract Time for any delay in the Work that is directly attributable to an unidentified underground main or trunk line utility, unless the utility's location, with reasonable accuracy, was, or should have been known to you or could have been inferred from visible facilities like buildings, meters, junction boxes or identifying markers on the date Bids were due. If you are entitled to a time extension, then you are also entitled to compensation for equipment idle time because of the delay, determined by the City Representative the same way determinations are made for equipment used in performing Extra Work according to Article 2. You are not entitled to any other compensation or damages because of the delay.
B. You may be given a time extension, but no additional compensation for unforeseen delays attributable to a utility owner’s failure to complete utility rearrangement work within the time scheduled for the work in the construction schedule, or to complete utility rearrangement work that the Contract Documents indicate will be completed before your construction operations begin.
You are not entitled to a time extension nor additional compensation for delays or losses described here that:
A. Result from your actions or omissions or which could have been avoided by any reasonable means, like the judicious handling of forces, equipment or plant; or B. Arise in connection with utilities rearranged for your convenience. The City Representative will determine what damages you could have avoided.
Immediately notify the City Representative of any delays to your operations described here. Delays described here are not right of way delays described within the scope of 1-9.
4-7 CONTRACTOR RESPONSIBILITIES. You must:
A. Cooperate with and provide Work site access to utility personnel.
B. Coordinate Contract Work with affected utilities. Remove all USA markings after
61 completing the work requiring them before the City accepts and approves the Work C. . Asphalt concrete pavement not overlaid or slurry sealed as part of the project bid items that is damaged by trenching, potholing or otherwise, must be slurry sealed after the pavement section is repaired. “Perpendicular” street cuts must be slurry sealed ten (10) feet each side of the cut and “longitudinal” cuts must be slurry sealed from pavement lane to pavement lane line for the entire damaged area or as directed by the City Representative. Type II slurry must be used on non-arterial streets and on arterial streets. Replace damaged traffic striping, legends and markers. Avoid “patchwork” application of slurry by joining closely grouped areas of slurry applications. Compensation for this requirement is included in the prices paid for related items of work and no additional compensation is allowed. 4-8 PERMANENT UTILITIES. Contact and coordinate with utility owners all requirements for installing and connecting permanent utilities necessary for the Work including but not limited to, natural gas, electricity, water, sewer and telephone. Include all costs for this work, as well as costs to operate permanent utilities before the City accepts the Work, in Bid prices for the related items of work.
ARTICLE 5 – PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 5-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. Begin the Work on the date in the Notice to Proceed and diligently complete it in the time provided in the Contract.
Notify the City Representative of your intent to begin work at least two (2) Working Days before starting any work.
Give the City Representative, within ten (10) days after executing the Contract, a construction progress schedule using the critical path method that shows the proposed dates for beginning and completing each line item of the Work and the amount you anticipate each monthly payment will be due to you based on the progress schedule. 5-1.1 Preparation.
As part of the Proposal for each Work Order, the Contractor shall submit a preliminary schedule. The Contractor shall prepare and submit a Final Construction Schedule for the Work, both in hard copy and electronically, for the City’s approval upon the City’s acceptance of the Detailed Scope of Work and Work Order Proposal for each Work Order under the EZIQC Program. The Construction Schedule shall in all respects conform to and be consistent with the time requirements set forth in each Work Order.
Begin the Work on the date in the Notice to Proceed and diligently complete it in the time provided in the Work Order.
Notify the City Representative of your intent to begin work at least two (2) Working Days before starting any work.
62 Give the City Representative, within ten (10) days after executing the Contract, a construction progress schedule using the critical path method that shows the proposed dates for beginning and completing each item of the Work and the amount you anticipate each monthly payment will be due to you based on the progress schedule.
Activities shown in the Construction Schedule shall be in sufficient detail to demonstrate a practical plan to complete the design, engineering, fabrication and construction within the Contract Time and shall, at a minimum, include the following:
Format of the schedule is as follows:
A. Prepare schedules as horizontal bar charts with a separate bar for each portion of work or operation according to the approved schedule of values that identifies the first workday of each week. Allow space to update.
B. Sequence of Listings: Chronological order at the start of each item of work.
C. Sheet Size: Multiple of 11x17 inches.
D. Provide a two week look-ahead schedule updated weekly.
In addition, Contractor shall regularly prepare and submit to the City short term, three (3) week “look-ahead” schedules generated from the Construction Schedule approved by City. Except to the extent permitted by Contract Adjustment to the Contract Time and approved by City in a duly executed Supplemental Work Order and associated City Request for Change, in no event shall the Contractor’s updates or “look ahead” schedules alter the dates for Substantial Completion or Final Completion set forth in the Construction Schedule approved by City.
Content of the schedules must:
A. Show the complete sequence of construction by activity, with dates for beginning and completing each construction element. Include any special sequencing specified in the Contract Documents.
B. Show lane closure notifications and dates.
C. Provide sub-schedules to define major and significant portions of the entire schedule.
D. Show the accumulated completion percent for each item and the total percent of Work completed as of first day of each month.
E. Provide a separate schedule showing dates for product procurement and delivery, shop drawing submittals and equipment installation as well as decision dates for finish selection, if applicable.
F. Show delivery dates for City-furnished products, if applicable.
G. Show the critical path.
Revisions to schedules must:
A. Indicate the progress of each activity to the submittal date and the projected completion date of each activity.
B. Identify activities modified since the previous submittal, major changes in scope and other identifiable changes.
C. Provide a written report describing any problem areas, anticipated delays and their impact(s) on the schedule and include the corrective action(s) taken or proposed and its/their effect(s).
63 D. Revise periodically as the City Representative directs. Failing to comply with a City Representative’s directive is grounds for delaying the progress payment.
E. Show the revised critical path.
Required submittals:
A. Submit initial schedules within ten (10) days of executing the Contract. If requested, resubmit required revisions within seven (7) days of the request.
B. Submit an update schedule on or before the first day of each month beginning one month after the initial schedule as outlined in A, above. If requested, resubmit required revisions within seven (7) days of the request.
C. Submit four (4) copies of schedules to the City Representative.
D. Submit with a transmittal letter.
In addition:
A. Distribute copies of current schedules to the job site file, subcontractors, suppliers and other concerned parties.
B. Instruct recipients to report promptly, in writing, problems they anticipate will result from schedule projections.
Include the cost to conform to these requirements in the various items of work at no additional compensation.
5-2 PROSECUTION OF THE WORK. Diligently perform the Work to completion. If the City Representative determines you are not timely with performing the Work you must, upon the City Representative’s order, immediately take steps to remedy the situation.
Include all costs to perform the Work as specified in the Contract Price. If you fail to take the necessary steps to comply fully with the City Representative’s orders, the City Representative may suspend the Work completely or in part, until you do. If Work issuspended through no fault of the City, then you are responsible for all expenses and losses you incur during the suspension. If you do not properly provide for public safety, traffic and protection of the Work during periods of suspension, the City may elect to do so and deduct its costs from monies due you. These actions do not relieve you of liability.
5-2.1 Time of Completion and Forfeiture Due to Delay. Complete the Work called for under the Contract within the time set forth in the Contract Documents.
You agree, according to Government Code § 53069.85, to forfeit the per day amount required by the Contract for each day of delay. The City will deduct that amount from any payments due or that become due to you.
The City has endeavored to identify all areas of the site which may contain hazardous waste as defined by Health and Safety Code § 25117, and unless otherwise noted, hazardous waste in these areas has been mitigated. However, the parties acknowledge the possibility that additional hazardous waste exists not previously identified. If, during the course of your work, you encounter hazardous waste, promptly notify the City through its Environmental Services Administrator. If the material is “hazardous waste” pursuant to Health and Safety Code § 25117, the City may have you perform the mitigation work or may have it done under a separate contract. If you perform the mitigation work, the City will pay its cost as an addition to the work according to Article 2.
To the maximum extent permitted by law, the City is not liable for any damages other than for an appropriate
64 time extension for delays caused by the hazardous waste conditions contemplated here.
The City will not penalize you for delays in completing the work due to unforeseeable causes that are beyond your control, and without your fault or negligence, including but not limited to acts of nature or of the public enemy, acts of the government, acts of the City, acts of another contractor in performing a contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather. These delays, except for acts of the City, do not entitle you to additional compensation. Your sole remedy is a time extension granted according to this section.
Within five (5) Calendar Days from the beginning of the delay, notify the City Representative in writing of the cause of the delay. The City Representative will establish the facts and the extent of the delay(s) and extend the time to complete the Work if, in his/her judgment, the findings of fact justify an extension. The City Representative’s findings are final.
5-2.2 Order of Work Requirements. When required by the Specifications or the Plans, follow the sequence of operations and restrictions required there.
Perform the Work to conform to the construction staging in the Specifications. Subject to the Engineer’s approval, non-conflicting work in subsequent stages may proceed concurrently with work in preceding stages if you maintain satisfactory progress in the preceding stages. The Engineer’s approval of any modifications you request to the order of work or staging of the work are not grounds for a Change Order request or a time extension request. If you deviate from the specified order of work or the staging plans, you do so at your own risk and assume all time impacts and cost associated with them.
5-3 SUSPENSION OF THE WORK.
5-3.1 General. The City Representative may suspend the Work in whole or in part for any time the City Representative finds in the City’s best interest, for its convenience or due to your failure to carry out orders given or to perform any provision of the Contract.
Immediately comply with the City Representative’s written order to suspend the Work completely or in part and resume work only when the City Representative orders or approves so in writing.
The City is not liable for these suspensions except as specified in 5-6.3., which provides that delays resulting from suspensions the City Representative ordered because you failed to carry out orders given or to perform any provision of the Contract are not delays for which the City is responsible.
If the City Representative orders a work suspension as provided here, do at your expense, all the work necessary to provide a safe, smooth unobstructed passageway through construction for the public during the suspension period as provided in 6-9 and as stated in the Specifications. If you do not perform the work specified above, the City will perform the work and, if the suspension is due to your failure to carry out orders
65 given or to perform any provision of the Contract, the City will deduct the cost from monies due or that become due to you.
If the City Representative orders a work suspension according to this section, the days on which the suspension order is in effect are Working Days if those days are Working Ways within the meaning of the definition in 5-7.2.
Suspending the Work does not relieve you of your responsibilities in the Contract Documents.
You may resume the Work after you provide:
A. A revised schedule showing each task yet to be accomplished and the timeline to perform each one to completion
B. Work force projections attached to each task listed by workweek C. Cost expenditures attached to each task summarized by workweek D. Lien releases from each subcontractor, supplier and vendor from whom you requested materials, equipment or any other service acknowledging the payments received
E. An Income and Expense Statement projecting how you will finance the rest of the project
5-3.2 Archaeological and Paleontological Discoveries. If you discover items of archaeological or paleontological interest, immediately stop excavation in the area and do not continue until ordered to do so by the City Representative. When resumed, excavation operations within the area of discovery are at the City Representative’s direction.
Discoveries that you may encounter include, but are not be limited to, dwelling sites, stone implements or other artifacts, animal bones, human bones and fossils.
You are entitled to an extension of time and compensation in accordance with 5-6. 5-4 TERMINATION OF THE CONTRACT FOR DEFAULT.
5-4.1 General. If, before the Work is accepted, you:
A. Become insolvent, assign your assets for the benefit of your creditors, are unable to pay your debts as they become due or are otherwise financially unable to complete the Work;
B. Abandon the work by failing to report to the work site and diligently performing the Work to completion;
C. Disregard written instructions from the City Representative or materially violate provisions of the Contract Documents;
D. Fail to perform the Work according to the schedule approved by the City Representative;
E. Disregard laws or regulations of any public body having jurisdiction or commit continuous or repeated violation of regulatory or statutory safety requirements, the City will consider you in default of the Contract.
Transmit notices and other written communications regarding default between you, the City and the surety according to 1-13.
66 In the event the City terminates this Contract for grounds later determined not to justify a termination for breach, the termination becomes a Termination of the Contract for Convenience pursuant to 5-5.
5-4.2 Notice to Cure. The City will issue a written notice to cure the default to you and to your surety. Begin satisfactory corrective actions within five (5) Working Days after receiving the notice.
5-4.3 Notice of Termination for Default. If you fail to begin satisfactory corrective action within five (5) Working Days after receiving the notice to cure or to diligently continue satisfactory and timely correction of the default, then the City will find you in default of the Contract and the City:
A. Will terminate your right to perform under the Contract by issuing a written notice of termination for default to you and to your Surety;
B. May use any materials, equipment, tools or other facilities you furnished to secure and maintain the Work site; and
C. May furnish labor, equipment and materials the City finds necessary to secure and maintain the Work site.
The provisions of this subsection are in addition to all other legal rights and remedies available to the City.
5-4.4 Surety Responsibilities. When receiving written notice of termination for default, the surety must immediately assume all your rights, obligations and liabilities under the Contract. If the surety fails to protect and maintain the Work site, the City may do so and may recover all costs incurred. The Surety must notify the City that it is assuming all your rights, obligations and liabilities under the Contract. The City will pay all money that is due, or would become due to you, to the Surety as the Work progresses, subject to the terms of the Contact.
Within 15 Working Days of receiving the written notice of termination for default, the Surety must give the City a written plan detailing the course of action it intends to take to remedy the default. The City will review the plan and notify the Surety if the plan is satisfactory. If the Surety does not submit a satisfactory plan, or if the Surety fails to maintain progress according to the plan the City accepts, the City may exclude, with 48 hours written notice, the Surety from the premises, take possession of all material and equipment and complete the Work in any way the City decides is appropriate. The City will charge its cost to complete the Work against the Surety and may deduct any monies due, or which would become due, the Surety. If the amounts due under the Contract are insufficient for completion, the Surety must pay the City, within 30 days after the City submits an invoice, all costs in excess of the remaining Contract Price. 5-4.5 Payment. The City will pay the Surety to complete the Work according to 8-3 minus the value of damages your acts and/or omissions caused the City. 5-5 TERMINATION OF THE CONTRACT FOR CONVENIENCE. The City reserves the right to terminate the Contract at any time if the City Representative determines termination is in the City’s best interest.
67 If the City elects to terminate the Contract, the following govern the termination and your total compensation:
A. The City Representative will issue a signed written notice, terminating the Contract. Upon termination, you are relieved of further responsibility for damage to the Work excluding materials as specified in 3-1.2, 6-14 of the Specifications and, except as otherwise directed in writing by the City Representative, you must:
1. Stop all work under the Contract except any you are specifically directed to complete;
2. Perform work the City Representative believes necessary to secure the project for termination;
3. Remove equipment and plant from the Work site;
4. Protect materials from damage;
5. Notify all subcontractors and suppliers that the Contract is terminated and that their contracts or orders are not to be performed unless the City Representative authorizes it in writing.
6. Provide the City Representative an inventory of all materials previously produced, purchased or ordered from suppliers for use in the Work and not yet used in the Work including their storage location and other information the City Representative may request.
7. Dispose of materials not yet used in the Work as directed by the City Representative. Provide the City good title to all materials the City purchased, including materials partially paid for as provided in 8-3.2, and with bills of sale or other documents of title for those materials.
8. Subject to the City Representative’s prior written approval, settle all outstanding liabilities and all claims arising out of subcontracts or orders for terminated materials.
To the extent directed by the City Representative, assign all your right, title and interest under subcontracts or orders for materials terminated to the City.
9. Give the City Representative documentation you are required to furnish under the Contract including, on projects where federal funds are involved, all documentation required under the federal requirements in the Contract.
10. Take other actions directed by the City Representative.
B. Accepting the Contract as specified here does not relieve you of responsibility for damage to materials. You remain responsible for damage to materials after the Notice of Termination is issued, except as follows:
1. Your responsibility for damage to materials partially paid for as provided in 9-3.2 and for materials the City furnished for but not used in the Work ends when the City Representative certifies that those materials are stored in the manner and at the locations the City Representative has directed.
2. Your responsibility for damage to materials the City purchased after receiving the Notice of Termination ends when the City has taken title and delivery of the materials.
When the City Representative determines that you have completed the Work under the Contract you were directed to complete before termination and any other work that may have been ordered to secure the project for termination, the City Representative will formally accept the Contract and immediately after the City Representative’s acceptance, you are not required to perform any further work.
68 C. Terminating the Contract does not relieve the surety of its obligation for any just claims arising out of the work performed.
D. Where the City terminates the Contract for its convenience and was not your fault, the City Representative determines your total compensation based on the following:
1. The reasonable cost to you, without profit, for all work performed under the Contract including mobilization, demobilization and work done to secure the project for termination. In determining reasonable cost, the City Representative will deduct the cost of materials you keep, amounts realized by the sale of materials and for other appropriate credits against the cost of the Work. When, in the City Representative’s opinion, the cost of a Contract item of work is excessively high due to costs incurred to remedy or replace defective or rejected work, the reasonable cost allowed will be the estimated reasonable cost of performing the work in compliance with the requirements of the Plans and Specifications. The City will not allow the excessive actual cost.
2. Your reasonable allowance for profit on the cost of work performed as determined under part 1, above, if you establish to the City Representative’s satisfaction that it is reasonably probable you would have made a profit had the Contract been completed. In no event will the profit allowed exceed four (4%) percent of the cost.
3. Your reasonable cost to handle material returned to the vendor, delivered to the City or otherwise disposed of as directed by the City Representative.
4. A reasonable allowance for your administrative costs to determine the amount payable due to termination of the Contract.
All your records and your subcontractors’ records necessary to determine compensation in conformance with provisions in 5-5, must be open to inspection or audit by City representatives at all times after the Notice of Termination is issued and for a period of 3 years following.
After the City accepts the Work, the City Representative may make payments on interim estimates before issuing the final estimate in conformance with the provisions in 8-3.2 and 8-4 when, in the City Representative's opinion, the amount paid, together with all amounts previously paid or allowed, do not result in total compensation exceeding that to which you are entitled. All payments, including payment on the final estimate, are subject to deductions for prior payments and amounts, if any, retained under the provisions of the Contract.
PHYSICALLY INCLUDE THE SPECIFICATIONS IN 5-5 IN ALL SUBCONTRACTS. 5-6 DELAYS AND EXTENSIONS OF TIME.
5-6.1 General. Delays caused by unforeseen events beyond your control entitle you to an extension of the Contract Time as provided here, but you are not entitled to damages or additional payment due to these delays except as specified in 5-6.3. Unforeseen events may include war, government regulations, labor disputes, strikes, fires, floods, adverse weather or elements necessitating work stoppage, inability to obtain materials, labor or equipment, required extra work or other specific events as further described in the Specifications.
69 The City will not grant you an extension of time for a delay because you are not able to obtain materials unless you give the City Representative documentary proof. Provide the proof in a timely manner in accordance with the sequence of your operations and the approved construction schedule.
If events beyond your control cause delays other than those mentioned above, the City Representative may decide an extension of time is in the best interests of the City. You are not entitled to damages or additional payment due to these delays except as otherwise specified in 5-6.3.
If the cause of delays beyond your control is due solely to the City’s action or inaction, the delays will entitle you to an extension of time per 5-6.2. 5-6.2 Extension of Time. The City may, from time-to-time, extend the time fixed to complete the Work. All applications for time extensions must be in writing and filed with the City before the original time fixed in the Contract expires or is as previously extended.
The City may extend the time after the time originally fixed in the Contract expires or as subsequently extended, and the extension granted begins on the expiration date. No time extension releases the sureties on any bond required under the Contract or affects forfeitures due to delay.
The City will not grant time extensions for delays not on the critical path. 5-6.3 Payment for Delays. Pursuant to § 7102 of the Public Contract Code, the City will compensate you for damages incurred due to delays for which the City is responsible.
The City Representative will determine the actual costs. The City is not liable for damages you could have avoided by any reasonable means, such as judicious handling of forces, equipment, or plant. The City Representative will determine damages you could have avoided.
5-6.4 Written Notice and Report. If you desire payment for a delay specified in 5-6.3 or an extension of time, file a written request and report of cause with the City Representative within ten (10) Calendar Days after the delay begins. Make your request for payment or extension at least ten (10) Calendar Days before the specified completion date. If you fail to file these items within the times specified, the City may refuse your request.
5-7 TIME OF COMPLETION.
5-7.1 General. Complete the Work within the time specified in the Contract or the Specifications. Complete each portion of the Work within the time specified in the Contract or the Specifications for that portion. Unless otherwise specified in the Contract or the Specifications, express the Contract Time of completion in Working Days. 5-7.2 Working Day. A Working Day is any day within the period between the date the Contract Time as specified in 5-1 starts, and the date the City Representative accepts the Work, other than:
A. Saturday
B. Sunday
C. Any day the City designates a holiday
70 D. Any other day designated as a holiday in a Master Labor Agreement you enter into or that was entered into on your behalf as an eligible member of a contractor association,
E. Any day you are prevented for cause from working at the beginning of the workday as specified in 5-6.1, or
F. Any day you are prevented, for cause, from working during the first 5 hours with at least 60 percent of the normal work force as specified in 5-6.1. 5-7.3 Contract Time Accounting. The City Representative will make a daily determination of each Working Day that is to be charged against the Contract Time and will discuss this determination with you. You will get a Weekly Statement of Working Days showing the allowable number of Working Days of Contract time, as adjusted, at the beginning of the reporting period. The statement will also indicate the number of Working Days charged during the reporting period and the number of Contract Working Days remaining. If you do not agree with the statement, file a written protest within fifteen (15) days after receiving it that sets out the facts of the protest. Otherwise, the City assumes you accept the statement as is.
5-8 COMPLETION, ACCEPTANCE, AND WARRANTY.
5-8.1 Completion. When you consider the Work, or a designated portion of the Work, if specified in the Contract Documents is complete, submit a written request for inspection to the City Representative. By submitting the request, you certify that:
A. You have reviewed the Contract Documents.
B. Work is complete according to Contract Documents and is ready for inspection.
C. Equipment and systems have been tested, adjusted/balanced and are fully operational.
Submit your request a minimum of five (5) Working Days before the requested inspection date. Allow sufficient time during the Contract to complete inspections and make any corrections. Each day beyond the time prescribed to complete the Contract is subject to assessment of liquidated damages according to 5-9.
If the City Representative's inspection finds the Work is not complete, the City Representative will notify you in a writing that lists the deficiencies observed. Remedy the listed deficiencies immediately and send a request for final inspection. If you do not remedy the deficiencies, the City may order, at its option, re-inspection(s) of the work to identify any additional deficiencies. The City’s costs for the re-inspection(s) are subject to 5-8.2.
When the City confirms the Work is complete and Final Closeout Agreement and Release of All Claims as referred to in 5-8.3 provided, the City Representative will notify you of the date of completion on the Notice of Completion. 5-8.2 Acceptance. Acceptance occurs after all the requirements in the Contract Documents are met. If, in the City Representative’s judgment, you have fully performed the Contract, the City Representative will recommend accepting your performance of the Contract.
71 5-8.3 Warranty. Warrant the Work against defective materials and workmanship for a period of one (1) year. The warranty period starts on the date the City Representative determines the Work is complete.
The warranty period for specific items covered under manufacturers' or suppliers’ warranties begins on the date the items are put into service at the direction of or as approved by the City Representative in writing.
Assign to the City in writing, warranties, express or implied, from subcontractors, manufacturers or suppliers of any tier, for the materials furnished and work performed.
Deliver the warranties to the City Representative before your performance of the Contract is accepted.
After notice from the City Representative and within the time specified in the notice, replace or repair defective materials and workmanship to the City Representative’s satisfaction. If you do not make the replacement or repairs within the time specified, the City may perform the work at your expense. If you do not reimburse the City for its actual costs, your surety is liable for them.
5-8.4 Re-inspections. If completion of the Work requires re-inspection(s) by the City because you did not make corrections after the initial inspection, the City may deduct the cost(s) for re-inspection(s) from your final payment. If the City Representative observes more than ten (10) deficiencies, re-inspection is required.
Inspections initiated at the City’s request are not subject to provisions of this Section. 5-8.5 Closeout Submittals.
Submit:
A. Project Record Documents clearly marked with all changes to the Plans within thirty (30) Calendar Days of Final Acceptance
B. Operation and Maintenance Data
C. Warranties and Bonds
D. Spare Parts and Maintenance Materials, as specified
E. Evidence of Payment and Release of Stop Payment Notices F. Other data and materials the Contract Documents may require 5-9 LIQUIDATED DAMAGES. Liquidated damages are as specified in the Contract. 5-10 USE OF IMPROVEMENT DURING CONSTRUCTION. The City reserves the right to take over and use all or a part of any completed facility or appurtenance. It will notify you in writing before taking this action. The City’s action relieves you of responsibility for injury or damage to the completed portions of the improvement(s) resulting from the public’s use, or from the action of the elements, or from any other cause except your operations or negligence. You need not re-clean portions of the improvement before field acceptance except for cleanup necessary by your operations. Nothing in this subsection relieves you from full responsibility for correcting defective work or materials.
If the City takes over and uses all or part of a completed facility or appurtenance, it assumes responsibility and liability for injury to persons or property caused by the use,
72 except for any injury to persons or property caused by any willful or negligent act or omission by you, your subcontractor, their officers, employees, or agents.
ARTICLE 6 – RESPONSIBILITIES OF THE CONTRACTOR
6-1 CONTRACTOR’S EQUIPMENT AND FACILITIES.
6-1.1 General. Furnish and maintain in good condition all equipment and facilities required to properly execute and inspect the Work. Provide and maintain enclosed toilets for employees doing the Work to use. Regularly pump out and maintain these accommodations in a neat and sanitary condition.
Render your machinery and equipment inoperable at all times except during construction. You are responsible for construction means, controls, techniques, sequences, procedures and construction safety.
6-1.1.1 Equipment. Stencil or stamp at a clearly visible location on each piece of equipment an identifying number, except hand tools, and:
A. On compacting equipment, its make, model number and empty gross weight that is either the manufacturer's rated weight or the scale weight.
B. On meters and on the load-receiving element and indicators of each scale, the make, model, serial number and manufacturer's rated capacity.
Give the City Representative a list describing each piece of equipment and its identifying number before beginning the Work.
Upon request, submit manufacturer's information that designates portable vehicle scale capacities.
Your measuring devices must be tested and approved under California Test 109 in the City's presence or by any of the following:
A. County Sealer of Weights and Measures
B. Certified Scale Service City
C. Division of Measurement Standards Official
6.2 LABOR.
6-2.1 General. You, your agents and employees, are bound by, and must comply with applicable provisions of the Labor Code and federal, state, and local labor laws.
Immediately remove and do not reemploy on the Work, any worker the City Representative finds to be incompetent, intemperate, troublesome, disorderly or otherwise objectionable, or who fails to perform the Work properly and acceptably. 6-2.2 Prevailing Wages. Pursuant to §1773.2 of the Labor Code, the current prevailing rate of per diem wages at the time of the Bid as determined by the Director of the Department of Industrial Relations are on file at the office of the City Representative.
Post a copy of these rates at the Work site. Pursuant to §1774 of the Labor Code, you and any subcontractors must pay not less than the specified prevailing rates of wages to workers employed under the Contract. On a federally funded Contract, you and any subcontractors must not pay less than the higher of these rates or the rates determined by the United States Department of Labor. Pursuant to §1775 of the Labor Code, you
73 and any subcontractors forfeit, as a penalty to the City, the prescribed amounts per calendar day, or portion of it, for each worker paid less than the prevailing wage rates. 6-2.3 Payroll Records. Keep certified payroll records pursuant to §1776 of the Labor Code. You and all of your subcontractors must give the City and the Labor Commissioner (Division of Labor Standards Enforcement), certified payroll records every Friday for the work performed during the preceding week until the Notice of Completion is filed and recorded.
6-2.4 Hours of Labor. Pursuant to §1810 of the Labor Code, eight (8) hours of labor constitute a legal day's work. Pursuant to §1813 of the Labor Code, you and any subcontractors forfeit, as a penalty to the City, the prescribed amount per calendar day for each worker required or permitted to work more than eight (8) hours in any one (1) Calendar Day and forty (40) hours in any one (1) Calendar Week without being compensated according to §1815.
6-3 INSURANCE.
6-3.1 General. Provide and maintain insurance naming the City as an insured and additional insured with you regardless of any inconsistent statement in the policy or any subsequent endorsement whether liability is attributable to you or to the City. The insurance provisions do not limit your indemnity obligations contained in the Contract.
Except as specified in 5-10, save, keep and hold harmless the City, their officers, employees and agents from all damages, costs or expenses in law or in equity that arise to a person or property because of or while performing the Work, or which may be caused by a negligent act or omission by you, your employees, or your subcontractor.
The City is not liable for any accident, loss or damage to the Work before completion except as specified in 5-10.
With the exception of workers' compensation insurance, an insurance company authorized by the Insurance Commissioner to transact business in the State of California must issue the policies you provide. The insurance company must have a policyholder rating of “A” or higher and a financial class VIII or higher as established by A.M. Best or a higher rating established by Moody’s or Standard & Poor's.
Notify the City according to 1-13 within five (5) days of the date your insurance carrier notifies you of any changes to or cancellation of the policy.
All policies must be endorsed to state that coverage may not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed or materially changed for any
74 reason, without thirty (30) days prior written notice from the insurer to the City by U.S. mail or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice must be provided.
In lieu of this endorsement, either:
A. Submit a letter, signed by the insurance agent or broker, certifying that he/she will notify the City if coverage is suspended, voided, cancelled, reduced in coverage or in limits, non-renewed or materially changed for any reason without thirty (30) days prior written notice from the insurer to the City by U.S. mail or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice will be provided; or B. Submit evidence of payment in full of the insurance premium for the life of the policy.
The City project title or description MUST be included in the “Description of Operations” box on the certificate.
Certificate Holder:
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, CA 92708
The cost to defend any claims against the City must not erode or take away from the specified limits of liability.
There will be no separate payment for insurance; include it in the Contract Price.
Without limiting your indemnification obligations, do not begin work until you obtain and maintain, at your sole cost and for the duration of this Contract, insurance coverage as provided below, against all claims for injuries against persons or damages to property that may arise from or in connection with performing the Work by you, your agents, representatives, employees and subcontractors. If you subcontract any portion of the Work in compliance with 1-3 of the Specifications, the contract between you and that subcontractor must require the subcontractor to maintain the same insurance policies you are required to maintain pursuant to 6-3.
Insurance policies are not compliant if they include any limiting provision or endorsement you have not submitted for approval in accordance with 6-3.
Your insurance must be “occurrence” rather than “claims made” insurance except for Professional Liability insurance, which may be for claims made and must apply separately to each insured against whom claim is made or suit is brought, except respecting the limits of the insurer's liability.
The insurance coverage required for General Liability, Automobile Liability and Contractor’s Pollution Liability must contain the following provisions or provide the following by endorsement:
Name as additional insured the City of Fountain Valley, its elected officials, officers, employees, volunteers, boards and representatives, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Contract.
75 Additional Insured Endorsements shall not:
A. Be limited to “Ongoing Operations”
B. Exclude “Contractual Liability”
C. Restrict coverage to your “Sole” liability
D. Contain any other exclusion contrary to the Contract This insurance must be primary and any other insurance, deductible or self-insurance available to the insured added by endorsement must be in excess of and not contribute to this insurance.
Immediately report all claims to your insurance carrier and acknowledge receipt within thirty (30) Calendar Days.
No officer, employee, or agent of the City, the City Representative, the City Representative or their consultants are personally responsible for any liability arising under or because of the Contract.
To the maximum extent permitted by law, hold harmless, indemnify, and defend the City of Fountain Valley, its representatives, and each of its officers, employees, and agents, from and against all actions, suits, claims, demands, judgments, attorney's fees, costs, damages to persons or property, losses, penalties, obligations, expenses or liabilities (here “claims” or “liabilities”), that may be asserted or claimed by any person or entity arising from the willful or negligent acts, errors or omissions of you, your employees, agents, representatives or subcontractors in performing any tasks or services for or on behalf of the City, whether or not there is concurrent active or passive negligence on the part of the City and City Personnel, but excluding claims or liabilities arising from the active negligence or willful misconduct of the City or City Personnel.
Additionally:
A. Defend any action or actions filed in connection with these claims or liabilities and pay all costs and expenses including attorney's fees.
B. Promptly pay any judgment rendered against the City or any City Personnel for these claims or liabilities.
C. Promptly pay the City, if the City and any City Personnel is made a party to an action or proceeding for damages or other claims arising out of or in connection with your negligent performance or failure to perform your work or activities; all costs and expenses the City and City Personnel incurred in the action, and reasonable attorney's fees and expert witness fees. The City may retain money due to you under the Contract as the City considers necessary until disposition of the actions or claims.
You must declare and the City must approve any deductibles or self-insured retentions before the City executes this Contract. Before beginning work, give the City, according to 6-3, written confirmation of the deductible for each insurance coverage required by this Contract or of no deductible.
6-3.2 General Liability Insurance. The policy must insure the City, its officers, employees and agents acting within the scope of their duties on the Work against any claims arising out of or in connection with the Work except as specified in 5-10. This policy must provide coverage for on-going and completed operations. The insurance certificate submitted to the City must state that your insurance is primary and that any other insurance held by the City is non-contributory.
76 General Liability, including premises, operations and mobile equipment, products and completed operations, broad form property damage including completed operations, explosion, collapse and underground hazards, contractual liability, personal injury, and independent contractors’ liability: with a minimum limit of One Million Dollars ($1,000,000) per occurrence and a minimum limit of Two Million Dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability, and Two Million Dollars ($2,000,000) completed operations aggregate.
Procure and submit evidence of insurance for Products-Completed Operations in accordance with 6-3 for at least three (3) years from the time all Work under this Contract is completed.
The policy or policies must be endorsed to provide that the insurer waives all rights of subrogation against the City and its respective elected officials, officers, employees, agents and representatives for losses paid under the terms of the policy or policies and which arise from work performed by the named insured for the City. 6-3.3 Workers’ Compensation Insurance. Pursuant to §3700 of the Labor Code, obtain, pay for and maintain in full force for the duration of the Contract, workers’ compensation insurance. The insurance company must have a policy rating equal to or better than that of the California State Compensation Insurance Fund. The City, its officers, employees and agents, are not responsible for any claims in law or in equity occasioned by your failure to comply with this requirement.
The policy or policies must be endorsed to provide that the insurer waives all rights of subrogation against the City and its respective elected officials, officers, employees
77 agents and representatives for losses paid under the term of the policy or policies and which arise from work performed by the named insured for the City.
Workers’ Compensation and Employer's Liability Insurance: CONTRACTOR shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.
CONTRACTOR shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
If you have no employees requiring you to provide Workers’ Compensation Insurance, certify that to City in writing before the City executes this Contract. The City and City Personnel are not responsible for any claims in law or in equity occasioned by your failure to comply with this section or with the provisions of law relating to Workers’ Compensation.
6-3.4 Auto Liability Insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
6-3.5 Contractor’s Pollution Liability.
Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this AGREEMENT shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the PROJECT site to the final disposal location, including non-owned disposal sites.
Products/completed operations coverage shall extend a minimum of three years after PROJECT completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage.
Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.
Before beginning work, give the City the names and locations of disposal facilities for the City’s approval.
78 6-3.6
Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella or excess liability insurance policy with limits of not less than $4,000,000 that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
Pay on behalf of wording as opposed to reimbursement; Concurrency of effective dates with primary policies; and Policies shall “follow form” to the underlying primary policies. Insureds under primary policies shall also be insureds under the umbrella or excess policies.
6-3.7 Builder’s risk insurance. Upon commencement of construction and with approval of CITY, CONTRACTOR shall obtain and maintain builder’s risk insurance as specified below.
The named insureds shall be CONTRACTOR, all Subcontractors (excluding those solely responsible for design Work) of any tier, suppliers, and CITY and its officers, officials, employees,and agents. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY.
Policy shall be provided for replacement value on an "all risk" basis. There shall be no coinsurance penalty provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the PROJECT; (4) transit coverage, including ocean marine coverage (unless insured by the supplier), with sub-limits sufficient to insure the full replacement value of any key equipment item; and (5) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits. 6-4 PERMITS AND LICENSES. Except as provided in the Specifications, obtain all permits and licenses, pay all charges and fees and give all notices necessary and incidental to the lawful performance of the Work. Get these permits and licenses in enough time to prevent Work delays. Keep a copy of all permits at the Site. Give the City copies of permits and licenses one (1) Working Day after obtaining them. Comply with all rules and regulations included in the permits. If you do not conform to these rules and regulations, the City may perform work necessary to conform to them and deduct the cost of the work from any monies due or to become due to you.
You and all subcontractors must obtain within five (5) Calendar Days of executing the Contract, a current City of Fountain Valley Business License and maintain it for the term of the Contract.
If the City obtained permits, licenses or other authorizations applicable to the Work, obtain a rider, pay all fees and comply with the provisions of those permits, licenses and other authorizations.
79 6-5 CONTRACTOR’S REPRESENTATIVE. Prior to commencing services, Contractor workers are required to successfully pass a California Department of Justice and/or Federal Bureau of Investigation (FBI) Live Scan Fingerprinting background check (“Live Scan”) performed by the City of Fountain Valley Police Department. The Contractor shall be responsible for obtaining the Live Scan for its workers prior to performing work and shall bear the cost thereof. The cost of this procedure shall be included in the Work Order for Reimbursable Fees.
The Contractor shall coordinate with the Fountain Valley Police Department for the scheduling of the Live Scan. On the day of the Live Scan, the worker must obtain an application form from the City of Fountain Valley Human Resources Division. Upon completion of the application form, the worker will be directed to the Police Department, where the Live Scan will be performed. The worker must possess a photo ID such as a Driver’s License at the time of the Live Scan. Also at the time of the Live Scan, payment must be made to the Police Department via cash or check made payable to “The City of Fountain Valley.” The cost of the Live Scan varies per individual. Credit cards are accepted. The Police Department will provide the City’s Human Resources Division with the results of the Live Scan. Human Resources staff will then notify the Contractor and City Representative of the results. The cost of this procedure shall be included in the Work Order for Reimbursable Fees.
Before starting the Work, designate in writing a representative with complete authority to act for you. You may designate an alternate representative as well. This authorized representative must be present at the Work site at all times while Work is in progress.
When Work is not in progress and during periods when Work is suspended, make arrangements acceptable to the City Representative for any emergency work that may
80 be required. The City regards any order or communication given to this representative as given to you. A joint venture must designate only one representative and alternate. In the absence of you or your representative, the City Representative may give instructions or directions to the superintendent or person in charge of the specific work to which the order applies. This order must be complied with promptly and referred to you or to your representative.
Whenever you or your authorized representative is absent on any particular part of the Work where direction is necessary, the City Representative will give the direction to the superintendent or supervisor in charge of the particular work who must obey the orders given.
The City reserves the right to approve your Superintendent. Once approved, the Superintendent must remain on the project for the duration of the project so long as he is in your employ.
To communicate with the City, your representative, superintendent or person in charge of specific work must speak, read and write the English language. 6-5.1 Key Persons. Contractor’s employees acting as project manager, scheduler and superintendent constitute Key Persons. Individuals acting as Key Persons who are not already identified in Contractor's Post-Award Submittals, shall be identified in writing to City prior to commencement of the Work.
6-5.2 The Contractor will submit an organizational chart within 10 days of Notice to Proceed, which includes the names and resumes of employees in key positions who will work on this EZIQC Contract. All employees in key positions must be approved by the City.
6-5.3 If any key personnel furnished by the Contractor for the Project in accordance with the key personnel provisions of this section should be unable to continue in the performance of assigned duties for reasons due to death, disability or termination, the Contractor shall promptly notify the City. Any replacement personnel are prohibited without City approval.
6-5.4 On request by the City, the Contractor shall furnish to the City within seven (7) working days the name of the person substituting for the individual unable to continue, together with any information the City may require to judge the experience and competence of the substitute person. Upon approval by the City, such substitute person shall be assigned to this EZIQC Contract and if the City rejects the substitute, the Contractor shall have seven (7) days thereafter to submit a second substitute person.
Such processes shall be repeated for a reasonable period until a proposed replacement has been approved by the City.
6-5.5 In the event that, in the opinion of the City, the performance of personnel of the Contractor assigned to this EZIQC Contract is at an unacceptable level, such personnel shall cease to be assigned to this EZIQC Contract and shall return to the Contractor, and the Contractor shall furnish to the City, the name of a substitute person or persons in accordance with the previous paragraph. Absence of acceptable key personnel for the Work shall constitute an event of default.
6-5.6 The Contractor is obligated to staff the work under this contract so that Key Personnel are not assigned responsibility for more than ten (10) active Work Orders at any time. A Work Order is considered to be active from the time that a Joint Scope
81 Invitation has been given to the Contractor until a Notice of Completion or a cancelation is issued by the City. A Contractor’s Project Manager may not work on any other EZIQC Contracts for any other entities if the cumulative total number of active Work Orders exceeds 10 for all entities including the City of Fountain Valley, regardless of which entities have entered into Sourcewell-EZIQC Contracts.
6-5.7 Project Manager. The Key Person acting as project manager shall be deemed to have full authority to contractually bind Contractor, including, without limitation, the authority to bind Contractor to the terms of Contract Adjustments. 6-5.8 Transfer. Contractor’s Key Personnel are deemed of essence to the Construction Contract. No Key Person shall, for so long as he/she is employed by Contractor, be transferred to any other project nor any of his/her responsibilities reassigned at any time during performance of the Work, without the prior written approval of the City, which approval may be granted or withheld in City’s sole and absolute discretion. 6-5.9 Removal. City shall have the right, at any time, to direct the removal and replacement of any Key Person if his/her performance is determined by City, in its sole and absolute discretion, to be unsatisfactory.
6-5.10 Replacement. Any individual proposed by Contractor as a replacement for a Key Person must be approved in advance by City, such approval not to be unreasonably withheld, after submission by Contractor to City of complete information concerning such individual's experience and qualifications.
6-5.11 Communications. Important communications by Key Persons shall be confirmed in writing by Contractor. Other communications by Key Persons shall be confirmed on written request in each case.
6-5.12 Contact Information. Contractor shall provide to City, prior to the start of the Work, telephone numbers where Key Persons can be reached 24-hours a day, 7 Days a week.
6-5.13 Signatures. Prior to commencing the Work, Contractor shall submit to City a facsimile of the signatures of the Key Person acting as project manager, as well as any other representatives of Contractor with authority to sign on behalf of and contractually bind Contractor.
6-5.14 Exclusion from Site. Contractor shall at all times maintain good discipline and order at the Site among its employees and the employees of the Subcontractors. Any person in the employ of Contractor or any of the Subcontractors, of any Tier, whom City deems, in its sole and absolute discretion, incompetent, unfit, intemperate, troublesome or otherwise undesirable, shall be excluded from the Site and shall not again be employed on the Site except with written approval of City.
6-6 COOPERATION AND COLLATERAL WORK. Determine the nature and extent of any simultaneous, collateral and essential work by others. The City, its workers and contractors and others have the right to operate within or adjacent to the Work during its performance.
The City, you and the workers of contractors, and others must coordinate operations and cooperate to minimize interference.
Your bid must include all costs involved to coordinate your work with others. You are not entitled to additional compensation from the City for damages resulting from such simultaneous, collateral and essential work. If necessary to avoid or minimize this damage or delay, redeploy your work force to other parts of the Work.
82 Nothing in the Contract grants you exclusive occupancy of the project site. Determine to your own satisfaction the scope of the project and the nature of any other contracts the City awarded or may award in constructing the project, so you perform this Contract in light of these other constraints, if any.
Do not hinder or delay any other contractor working on or adjacent to the project. If performing any project contract is likely to interfere with the simultaneous performance of another contract or contracts, the City Representative will decide which contractor must cease work temporarily, and which contractor must continue, or whether work under the contracts can be coordinated so that the contractors may proceed simultaneously.
On all questions concerning conflicting interests of contractors performing related work, the City Representative’s decision is binding on the contractors concerned. The City, the City Engineer, the City Representative and their officers, employees and agents are not responsible for damages you suffer or extra costs you incur that result directly or indirectly from performing or attempting to perform any other contract or contracts on the project or from a decision or omission of the City Representative regarding the order of precedence in performing the contracts.
If, because of your negligent acts, any other contractor or subcontractor suffers loss or damage on the Work, settle with the other contractor or subcontractor by agreement or arbitration if the other contractor or subcontractor is agreeable. If the other contractor or subcontractor asserts ay claim against the City, the City Engineer, the City Representative or their consultants because of damage allegedly sustained, the City will notify you. To the maximum extent permitted by law, all your obligations in 6-3.2 apply to the asserted claims or liabilities against the City, the City Engineer, the City Representative and each of their officers, employees and agents. 6-6.1 Coordination. Work by other contractors, utility companies and City forces will be underway adjacent to or within the limits of this project during the Work. 6-7 WORK SITE MAINTENANCE.
6-7.1 General. Throughout all phases of construction, including suspension of the Work, until acceptance per 5-8, keep the Work site clean and free of rubbish and debris.
Store Work site rubbish and debris in roll-off, enclosed containers before disposal; do not stockpile it.
Provide a self-loading, motorized street sweeper equipped with a functioning water spray system to clean all paved areas within the Work site and all paved haul routes at least once each Working Day.
Ensure there are no spills along haul routes. Remove any spills immediately and clean the area.
If you do not keep the Work site free of rubbish and debris, the City Representative may suspend the Work per 5-3 until you correct the condition.
83 Section 6-7 includes specifications for performing Work site maintenance including spill prevention and control, material management, waste management, water pollution control and non-storm water management.
Comply with City of Fountain Valley Municipal code 6.09 (FVMC 6.09), which establishes requirements for recycling and diverting construction and demolition waste.
Implement effective handling, storage, use and disposal practices to control material pollution and manage waste and non-storm water at the Work site before they enter storm drain systems and receiving waters.
Linear sediment barriers must comply with 6-7.6.2.
6-7.1.1 Construction Cleaning.
A. Initiate and maintain a daily program to prevent debris accumulation on-site and along access roads and haul routes. Keep areas under your control free of waste materials, debris, weeds 6” high and rubbish. Keep the site clean and orderly.
B. Provide suitable covered containers for debris and rubbish. Dispose of accumulated extraneous materials, prohibit overloading trucks to prevent spills on access and haul routes and inspect haul routes daily to enforce these requirements.
C. Supply self-loading, motorized street sweepers equipped with a functioning water spray system as part of your daily program.
D. Schedule, at a minimum, weekly debris collection and disposal. Provide additional collections and disposals whenever the weekly schedule does not prevent accumulation.
Remove debris from closed or remote spaces before closing the space, control cleaning to minimize dust and other particulates and immediately remove clay and earth on the paved surface of the roadway. Remove by hand scraping, washing, sweeping and other method(s) that will leave a clean, non-skid surface without impairing, injuring or loosening the surface.
Remove waste materials, debris, vegetation, other rubbish and non-recyclable materials as the Contract Documents require and dispose of them off-site in an approved disposal site or recycling center.
Unless otherwise specified, dispose of all concrete, asphalt, aggregate or sand base material, cement blocks, trees, shrubs, bushes and all other recyclable material generated during cleaning, demolition, clearing and grubbing or other phases of the Work at appropriate recycling centers. Remove reinforcing steel, wood or other harmful materials as required by the recycling center accepting the recycled materials. Supply proof of disposal at a recycling center that includes verification of tonnage by certified weigh masters tickets. If weigh masters tickets are not feasible, you and the City Representative must estimate the tonnage before disposing of it at the recycling centers.
Known recycling center:
Republic Services
714-847-3581
Use water to control dust for the life of the Contract as required by either job conditions
84 or the City Representative. Do not use chemical agents without the City’s prior written consent. You are solely responsible for safety problems, accidents or any other complications or claims arising from inadequate dust control.
The City will not make a separate payment for work performed or material used to control dust resulting from your performance of the Work or by public traffic either in or outside the right of way. Include full compensation for dust control in the price paid for the various items of work involved.
The City will not make a separate payment for any work performed or material used to clean the project. Include full compensation for cleaning in the price paid for the various items of work involved.
6-7.1.2 Final Cleaning. Clean the Work site before inspection when the Work is complete, using materials that are not hazardous to health or property and that will not damage surfaces. Remove debris from and otherwise clean exposed-to-view surfaces, remove temporary protection and labels not required to remain, clean finishes of foreign substances and remove waste, debris and surplus materials from site. Clean grounds, remove stains, spills and foreign substances from paved areas and sweep them clean.
Clean other exterior surfaces and, where applicable:
A. Clean transparent and glossy materials to a polished condition; remove foreign substances. Polish reflective surfaces to a clear shine.
B. Vacuum carpeted and similar soft surfaces.
C. Clean resilient and hard surface floors.
D. Clean equipment surfaces; remove excess lubrication.
E. Clean plumbing fixtures to a sanitary condition.
F. Clean permanent filters of ventilating equipment and replace disposable filters of units operated during construction; clean ducts, blowers and coils when operating units without filters during construction.
G. Clean light fixtures and lamps.
H. Remove waste, foreign matter and debris from roofs, gutters, areaways and drainage systems.
6-7.2 Air Pollution Control. Do not release smoke, dust, equipment exhaust or other air contaminants into the air in quantities that violate any federal, state or local regulations. Abate dust nuisance by cleaning, sweeping and spraying with water or other means if necessary. Using water must conform to 6-7.6. 6-7.3 Noise Control. Control noise generated by your operations as specified in the City Municipal Code, Chapter 6.28
https://library.qcode.us/lib/fountain_valley_ca/pub/municipal_code/item/title_6- chapter_6_28
6-7.4 Storage of Equipment and Materials.
6-7.4.1 General. Remove materials and equipment from the Work site as soon as they are no longer needed. Before the City Representative’s inspection for acceptance, clear
85 the Work site of equipment, unused materials and rubbish to present a clean and neat appearance.
Remove excess excavated material from the Work site immediately.
Remove forms and form lumber from the Work site as soon as possible after stripping. 6-7.4.2 Storage in Public Streets. Do not store construction materials and equipment in streets, roads or highways.
Do not store excavated material, except that used as backfill in the adjacent trench, in public streets unless the City Representative specifies or approves. Remove all excess material from the Work site immediately after placing the backfill. 6-7.4.3 Material Management.
6-7.4.3.1 General. Minimize or eliminate discharging material into the air, storm drain systems and receiving waters while receiving, using, or storing the following materials:
A. Hazardous chemicals including acids, lime, glues, adhesives, paints, solvents and curing compounds
B. Soil stabilizers and binders
C. Fertilizers
D. Detergents
E. Plaster
F. Petroleum materials, including fuel, oil, and grease G. Asphalt and concrete components
H. Pesticides and herbicides
Your employees who are trained in emergency spill cleanup procedures must be present when hazardous materials or chemicals are unloaded.
Where possible, use less hazardous materials.
The following activities must be performed at least 100 feet from concentrated storm water flows, drainage courses and inlets within the floodplain and at least 50 feet if outside the floodplain unless otherwise authorized:
A. Stockpiling materials
B. Storing pile-driving equipment and liquid waste containers C. Washing vehicles and equipment in outside areas
D. Fueling and maintaining vehicles and equipment
6-7.4.3.2 Material Storage. If you store materials:
A. Store liquids, petroleum materials and substances listed in 40 CFR 110, 117, and 302, in secondary containment facilities specified by USDOT for storing hazardous materials.
B. Ensure that secondary containment facilities are impervious to the materials stored there for a minimum contact time of 72 hours.
C. Cover and adequately ventilate secondary containment facilities during nonworking days, and when rain is in the forecast.
86 D. Keep secondary containment facilities free of accumulated rainwater or spills.
After rain or in the event of spills or leaks, collect the accumulated liquid and place it in drums within 24 hours. Handle the liquid as hazardous waste according to subsection 6-7 of the General Conditions.
E. Store incompatible materials like chlorine and ammonia, in different secondary containment facilities.
F. Store materials in their original containers with the original material labels maintained in legible condition. Immediately replace damaged or illegible labels.
G. Ensure that secondary containment facilities can contain precipitation from a 24- hour-long, 25-year storm, plus 10 percent of the aggregate volume of all containers or the entire volume of the largest container within the facility, whichever is greater.
H. Store bagged or boxed material on pallets. Protect bagged or boxed material from wind and rain during nonworking days, and whenever rain is in the forecast.
I. Provide enough separation between stored containers to allow for spill cleanup or emergency response access. Storage areas must be kept clean, well-organized and equipped with cleanup supplies appropriate for the materials stored.
J. Repair or replace perimeter controls, containment structures, covers and liners when necessary. Inspect storage areas, before and after rain, and at least weekly during other times.
6-7.4.3.3 Stockpile Management. Minimize stockpiling materials at the job site.
Implement water pollution control practices within 72 hours of stockpiling material or before a forecasted storm event, whichever occurs first. If using stockpiles, do not allow soil, sediment or other debris to enter storm drains, open drains and watercourses.
Active and inactive soil stockpiles must be:
A. Covered with soil stabilizing material or a temporary cover B. Surrounded with a linear sediment barrier
Stockpiles of asphalt concrete and Portland cement concrete rubble, hot mixed asphalt and aggregate base must be:
A. Covered with a temporary cover
B. Surrounded with a linear sediment barrier
Stockpiles of pressure-treated wood must be:
A. Placed on pallets
B. Covered with impermeable material
Stockpiles of cold mix asphalt concrete must be:
A. Placed on an impervious surface
B. Covered with an impermeable material
C. Protected from storm water run-on and runoff
Control wind erosion year round.
Repair or replace linear sediment barriers and covers as needed to keep them functioning properly. When sediment accumulates to 1/3 of the linear sediment barrier height, remove the accumulated sediment.
87 6-7.5 Sanitary Sewers.
6-7.5.1 General. Do not interrupt the flow of sewage. If you disrupt the operation of existing sanitary sewer facilities or if disruption is necessary to perform the Work, then bypass the sewage flow around the Work. Do not transport sewage in closed conduits; dispose of it in a sanitary sewer system. Do not cover sewage with backfill or allow it to flow in trenches.
Whenever the Plans or Specifications require sewage bypass and pumping, or you elect to perform it, submit, per 1-6, a Working Drawing conforming to 6-7.5.2, detailing your proposed sewage bypass and pumping plan.
6-7.5.2 Sewage Bypass and Pumping Plan. The plan must indicate the locations and capacities of all pumps, sumps, and suction and discharge lines. Equipment and piping must be of a size to handle the peak flow of the section of sewer line bypassed and pumped. Equipment and piping must conform to 6-9 and to the Plans. When bypass piping crosses areas subject to traffic loads, construct the piping in adequately covered trenches protected from traffic damage. If the City Representative approves, you may use lay-flat hose or aluminum piping with an adequate casing and traffic plates. Bypass pump suction and discharge lines that extend into manholes must be rigid hose or hard pipe. Do not allow lay-flat hose to extend into manholes. Provide a backup bypass pumping system in case of malfunction. The backup bypass system must provide 100 percent standby capability and be in place, and ready for immediate use. Each standby pump must be a complete unit with its own suction and discharge piping. In addition to the backup system, furnish and operate vacuum trucks when the Plans or Specifications require them.
6-7.5.3 Spill Prevention and Emergency Response Plan. Prepare and submit per 1- 6, a spill prevention and emergency response plan that addresses using measures to prevent sewage spills, procedures for spill control and containment, notifications, emergency response, cleanup and spill and damage reporting.
The plan must account for all storm drain systems and watercourses within the vicinity of the Work that a sewage spill could affect. Identify catch basins that could receive spilled sewage. Unless otherwise specified, seal these catch basins before operating the bypass and pumping system. Remove all material used to seal the catch basins when the bypass and pumping system operations are complete.
Contain any sewage spill, prevent any sewage from reaching a watercourse, recover and legally dispose of spilled sewage, pay any fines or penalties related to the sewage spill imposed on the City and you by jurisdictional regulatory agencies and any other expenses or liabilities related to the sewage spill.
6-7.6 Water Pollution Control.
6-7.6.1 General. Conform to all applicable local, state and federal regulations and laws pertaining to water pollution control. Conduct and schedule your operations and follow and implement best management practices (BMPs) to prevent water pollution and conform to the following requirements:
A. Do not discharge sediments into a storm drain system or receiving waters.
88 B. Contain sediments generated on the Work site using appropriate BMPs.
C. Do not allow wind or runoff to discharge construction-related materials, waste, spill or residue from the Work site into streets, drainage facilities, receiving waters or adjacent properties.
D. Contain non-storm water runoff from equipment, vehicle washing or any other activity within the Work site using appropriate BMPs.
E. Prevent erosion by covering, planting or otherwise protecting erosion susceptible slopes in a way that prevents Work site discharge.
6-7.6.2 Best Management Practices (BMPs). Implement and maintain BMPs relevant to the Work, and as required by the Plans or Specifications.
For the duration of the Contract, install, construct, inspect, maintain, remove and dispose of BMPs for wind erosion control, tracking control, erosion and sediment control, non-storm water control and waste management and materials pollution control.
Unless the City Representative directs otherwise, implement and maintain BMPs during any temporary Work suspension.
6-7.6.3 Storm Water Pollution Prevention Plan (SWPPP). When specified in the Special Conditions or required by a jurisdictional regulatory agency, prepare and submit per 1-6, a SWPPP that conforms to requirements in the Specifications and of the jurisdictional regulatory agency. The City will file the Notice of Intent. 6-7.6.4 Payment. Unless otherwise specified, include payment to implement and maintain BMPs in the various items of work; no additional compensation is allowed. 6-8 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. Repair or replace, at your expense, material shown on the Plans or designated in the Specifications, to be salvaged or used in reconstructed work that your operations have damaged or destroyed.
Protect public and private property adjacent to the Work and exercise due caution to avoid damaging them.
Repair or replace all existing improvements within the right of way not designated for removal (e.g., curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavement, structures, etc.), which are damaged or removed because of your operations. When you must remove a portion of a sprinkler system within the right of way, cap the remaining lines.
Repairs and replacements must be at least equal to existing improvements and must match them in finish and dimension.
Protect trees, lawns and shrubbery left in place from damage or injury. If damaged or removed due to your operations, then restore or replace them in as close to the original condition and location as are reasonably possible. Reseed and cover lawns with suitable mulch.
89 Give reasonable notice to occupants or owners of adjacent property to allow them to salvage or relocate plants, trees, fences, sprinklers and other improvements within the right of way, that are designated for removal, and would be destroyed because of the Work.
Include all your costs to protect, remove and restore existing improvements in the various items of work; no additional compensation is allowed. 6-8.1 Preservation of Property. Exercise care to avoid injuring existing improvements or facilities, utility facilities, adjacent property and trees and shrubbery left in place.
Repair all damage you cause to existing improvements to the City Representative’s satisfaction. Where you must repair sidewalks, curbs or gutters make the repairs by removing and replacing the damaged section back to the nearest scoring lines.
Protect from injury, trees and shrubbery left in place and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipelines under or above ground, sewer and waterlines, all highway or street facilities and any other improvements of facilities within or adjacent to the Work, and provide and install safeguards to protect these objects from damage. If you damage objects that are part of the work performed by your operation, replace or restore them at your expense to a condition as good as when you entered the Work or as the Plans and Specifications require.
You are not relieved of your responsibility under this article just because a pipe or other underground facility is not on the Plans. It is your responsibility to discover underground improvement or facilities that your operations may damage.
In addition to any legal requirements, shore up, brace, underpin and protect as necessary all foundations and other parts of existing structures, including structures adjacent to and adjoining the Work site which are in any way affected by excavations or other operations connected with the Work.
Give notice to any adjacent or adjoining landowner or other party before beginning the Work whenever notice is required either from the City or from you. 6-8.2 Video Recording and Photographing Pre-existing Conditions. Video record and photograph pre-existing conditions at the project site before any construction activities including but not limited to:
A. Property markers
B. Right of way and easement conditions
C. Utility markings and USA markings
D. Existing property damages
E. Survey conditions
F. Pavement conditions, markings, and striping
G. Adjacent property conditions
H. Sidewalk, curb, and gutter conditions
I. Safety conditions
J. Unusual conditions or equipment
90 K. Interior and exterior surfaces
L. Equipment condition (HVAC, electrical, fire, etc.)
M. Existing landscape conditions, including vegetation and irrigation, along the project limit.
Submit your recordings/photographs on USB media to the City Representative no later than five (5) Working Days after the Notice to Proceed is issued.
Include payment for video recording and photographing services in the various items of work; no additional compensation is allowed.
6-9 SAFETY
6-9.1 Work Site Safety.
6-9.1.1 General. Provide safety measures necessary to protect the public and workers within or near the Work site. Ensure your operations do not create safety hazards.
Provide safety equipment, material and assistance to City Representatives so they may inspect all phases of the Work.
When removing asbestos, implement the requirements of the CCR Title 8, Div. 1, Chapter 4, Subchapter 4 and Subchapter 7.
6-9.1.2 Work Site Safety Official. Designate in writing a “Project Safety Official” who is at the Work site at all times, and who is thoroughly familiar with your Injury and Illness Prevention Program (IIPP) and Code of Safe Practices. The Project Safety Official must be available at all times to abate potential safety hazards and must be authorized to and responsible for shutting down an unsafe operation, if necessary.
Failure to provide the required Work Site Safety Official is grounds for the City to stop all Work and operations at no cost to the City until you comply. 6-9.1.3 Emergencies. Unusual conditions may arise on the Work that require immediate and unusual provisions to protect the public, from danger or loss or damage to life and property due directly or indirectly to the Work. It is your responsibility to provide this protection.
Take steps to protect the public from danger or damage, or loss of life or property, which would result if your work interrupts or contaminates or causes the public water supply, irrigation or other public service to fail or your partly completed work fails.
When the City Representative determines an emergency exists that you could have prevented but did not, and your construction may damage the public or utilities or adjacent structures or property as a result, the City Representative may take immediate steps to protect public or private, personal or property interests, or to prevent the loss of human life by having material furnished and work done that the City Representative believes is necessary.
You bear the cost of the labor, material and repair costs determined necessary. If you do not pay them when presented with bills, certified by the City Representative, the City
91 will pay them and deduct that amount from any amounts due, or which may become due to you. The City’s failure to take precautionary measures does not relieve you of your full responsibility for public safety.
The foregoing is in addition to and not a limitation of any other rights or remedies available to the City.
6-9.2 Safety Orders.
6-9.2.1 General. Have copies or suitable extracts of Construction Safety Orders and General Industry Safety Orders issued by the State Division of Industrial Safety at the Work site.
Give the City Representative, as a condition of obtaining City-issued permits, and before excavating, a permit from the Division of Occupational Safety and Health pursuant to Chapter 6 beginning with § 6500 of Part 1 of Division 5 of the Labor Code and a detailed plan showing the design of shoring, bracing, sloping or other provisions to protect workers from caving ground while excavating any trench(es) five (5) or more feet deep. A registered civil or structural engineer must prepare the plan. As a part of the plan, include a notice stating that the registered civil or structural engineer certifies that the plan complies with the CAL/OSHA Construction Safety Orders. Give a copy of the plan and the permit to the City Representative.
In accordance with generally accepted construction practices, you are solely and completely responsible for job site conditions, including the safety of all persons and property while performing the Work and you must comply with all local, county, state and federal laws, rules, regulations and orders relating to safety of the public and workers.
Hold harmless, indemnify and defend the City, the City Engineer, City Representatives and each of their officers, employees and agents from civil or criminal penalties that result from your failure to comply with applicable safety laws, rules, regulations and orders. To the maximum extent permitted by law, your obligations in 6-3.2 apply in the event of a failure to comply with applicable safety laws, rules, regulations or orders.
The duty, if any, of the City Representative to review construction or to inspect your performance does not include review or inspection of the adequacy of your safety measures in, on or near the construction site.
6-9.2.2 Shoring Plan. Before excavating any trench 5 feet or more in depth, submit according to 1-6, a detailed Working Drawing (shoring plan) showing shoring design, bracing, sloping, or other provisions used for the workers' protection. If the shoring plan varies from shoring system standards, the shoring plan must be prepared by a California registered Structural or Civil Engineer. The shoring plan must accommodate existing underground utilities. Do not start excavation until the City Representative accepts the shoring plan and you have a permit from the State Division of Industrial Safety. Give the City Representative a copy of this permit according to 1-6. If you do not submit a shoring plan or do not comply with an accepted shoring plan you must
92 suspend work at the affected location(s). The suspended work will not support a claim for Extra Work and you will not receive additional compensation or Contract Time. 6-9.2.3 Payment. Include payment for shoring in the Bid item provided.
Payment for complying with the provisions of safety orders and all other laws, ordinances and regulations is considered included in the various items of work and no additional compensation will be allowed.
6-9.3 Confined Spaces.
6-9.3.1 Confined Space Entry Program (CSEP). Implement, administer and maintain a CSEP in accordance with CCR, Title 8, § 5156, 5157 and 5158.
Before starting the Work, prepare and submit a CSEP according to 1-6. The CSEP must address all potential physical and environmental hazards and contain procedures to ensure safe entry into confined spaces for reasons including:
A. Training personnel
B. Purging and cleaning the space of materials and residue C. Potential isolation and control of energy and material inflow D. Controlled access to the space
E. Atmospheric testing of the space
F. Ventilating the space
G. Special hazards consideration
H. Personal protective equipment
I. Rescue plan provisions
The submittal must include the names of your personnel, including each subcontractor's personnel assigned to the Work that will have CSEP responsibilities, their CSEP training and their specific assignment and responsibility for carrying out the CSEP. 6-9.3.2 Permit-Required Confined Spaces. Entry into permit-required confined spaces as defined in CCR, Title 8, § 5157, may be required as part of the Work. Consider manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces as permit-required confined spaces until the pre-entry procedures prove otherwise. Implement a permit-required CSEP before doing any work in a permitrequired confined space. Make a copy of the permit available for your and the City Representative’s review at the Work site at all times.
6-9.3.3 Payment. Include payment for the CSEP in the various items of work; no additional compensation is allowed.
6-9.4 Security and Protective Devices.
6-9.4.1 General. Security and protective devices consist of fencing, steel plates or other devices specified to protect open excavations.
6-9.4.2 Security Fencing. Completely fence open excavations. Security fencing must remain in place unless workers are present and construction is in progress, then you must provide equivalent security.
6-9.4.3 Steel Plate Covers. Provide steel plate covers necessary to protect against accidental entry into openings, trenches and excavations.
Protect transverse or longitudinal cuts, voids, trenches, holes and excavations in the right of way that are not completed in one (1) Working Day with adequately designed
93 barricades and structural steel plates (plates) that support legal vehicle loads to maintain unobstructed traffic flow.
Secure in advance the City Representative’s approval before using any bridging on the Work.
Adequately shore trenches to support bridging and traffic loads.
Design plates for HS 20-44 truck loading according to the Caltrans Bridge Design Specifications Manual.
Refer to Table 6-9.4.3(A), below, for minimum plate thicknesses:
Table 6-9.4.3(A) - Trench Width/Minimum Plate Thickness Trench
Width
Minimum Plate
Thickness
10" 1/2"
1'-11" 3/4"
2'-7" 7/8"
3'-5" 1"
5'-3" 1 1/4"
For spans greater than 5’ 3", give the City Representative a structural design prepared by a California Registered Civil Engineer.
The surface of the plates must be skid-resistant with a nominal Coefficient Of Friction (COF) of 0.35 as determined by California Test Method 342.
Plates must extend at least 12” beyond trench edges and must provide complete coverage that protects any person, bicycle, motorcycle or motor vehicle from injury or damage from separations or gaps because the plates move. Install and secure plates to prevent movement or displacement using adjustable cleats, shims, welding or other devices in a way that minimizes noise. Install plates as follows:
Install plates by milling the pavement to a depth equal to the thickness of the plate and to a width and length equal to those of the plate.
If the City Representative agrees, you may submit an alternate installation method that accords with 1-6, “Submittals,” for the City Representative’s acceptance.
Maintain the plates and shoring or any other approved device used to secure the plates.
If notified by the City Representative, City Code Enforcement or the Fountain Valley Police Department that a plate needs repair because of plate movement, noise, anchors and asphalt ramps, immediately mobilize necessary personnel and equipment. If you do not respond to the emergency request within 2 hours, the City will perform the repairs and invoice you the actual cost including overhead, or $500 per incident, whichever is greater.
When you remove plates, repair any damage to the pavement with a fine graded asphalt concrete mix or slurry seal to the City Representative’s satisfaction.
Include payment for steel plate covers in the various items of work; no additional compensation is allowed.
6-10 PATENT FEES AND ROYALTIES. Assume all costs to use patented materials, equipment, devices or processes on or in the Work and hold harmless, indemnify and defend the City, the City Representative, the City Representative and each of their officers, employees and agents from all claims, suits or actions resulting from your use of patented materials, equipment devices or processes. To the maximum extent
94 permitted by law, your obligations in 6-3.2 apply in the case of these claims, suits or actions.
6-11 LAWS TO OBSERVE.
Stay informed about and report to the City Representative, all existing and future state and national laws and county and municipal ordinances and regulations that affect persons doing the Work, materials used in the Work or performing the Work and of all orders and decrees of bodies or tribunals with jurisdiction or authority over the Plans, Specifications, or Contract.
Comply with and require your agents, employees and subcontractors to comply with all existing and future laws, ordinances, regulations, orders and decrees even if not in the Specifications or on the Plans. Hold harmless, indemnify and defend the City, the City Engineer, the City Representative and each of their officers, employees and agents against any claim or liability arising from or based on violation of any law, ordinance, regulation, order or decree whether by itself, its employees, its agents or its subcontractors. To the extent permitted by law, all your obligations in 6-3.2 apply in the case of any claim or liability.
Comply with all applicable federal laws, including those set forth in “Federal Requirements” of the Special Conditions.
6-12 ANTITRUST CLAIMS. Pursuant to §7103.5 of the Public Contract Code:
“In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assign to the awarding body, all rights, title, and interest in and to all causes of action it may have under § 4 of the Clayton Act (15 U.S.C. Sec 15), or Cartwright Act (Chapter 2 [commencing with § 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.”
6-12.1 Property Rights in Materials. Once you attach materials to the Work or the soil, or after the City pays you for materials delivered to the Work site or stored under the City’s control, you have no property right in them. 6-12.2 Warranty of Title. Do not purchase any materials, supplies or equipment for the Work subject to a chattel mortgage or under a conditional sale contract or other agreement by which the seller or supplier retains an interest in all or any part. Warrant clear title to all materials, supplies and equipment installed and incorporated in the Work. When all Work is complete, deliver the premises and all improvements and appurtenances you construct or place, to the City free of claims, liens, encumbrances or charges. Confirm that neither you nor any persons, firm or corporation furnishing material or labor for work the Contract covers has a lien on the premises or any improvement or appurtenance. This does not prevent you from installing metering devices or other equipment of utility companies or of municipalities who commonly retain title to the device or equipment. Nothing in this article defeats or impairs the right
95 of persons furnishing materials or labor under your bond for their protection, or any right under any law permitting persons to look to funds due you from the City. 6-13 CONTRACTOR’S RESPONSIBILITY FOR THE WORK. Until the Work is accepted, you are responsible for care of the Work and of the materials used there including materials for which you have received partial payment or materials furnished by the City. You bear the risk of injury, loss or damage to any part of the Work from the elements or from any other cause arising from either the execution or the non-execution of the Work.
At your expense, rebuild, repair, and make good all injuries, losses or damages to the Work or the material from any cause before it is complete and accepted. Where necessary to protect the work or materials from damage, provide at your expense suitable drainage and build temporary structures necessary to protect the work or materials from damage. Suspension of the Work does not relieve you of your responsibility for the work and materials specified here. If ordered by the City Representative, properly store at your expense, materials partially paid for or furnished by the City. Your storage is on the City’s behalf and the City is at all times entitled to possess the materials. Promptly return them to the Work site when requested. Do not dispose of any of the stored materials except on the City’s written authorization.
In an emergency affecting the safety of life or property, including adjoining property, act at your discretion as though instructed by the City, to prevent the threatened loss or injury.
6-14 PROJECT RECORD DOCUMENTS.
6-14.1 Maintenance of Documents and Samples. Maintain one record copy of:
A. Contract Drawings
B. Specifications
C. Addenda
D. Change Orders and Other Contract Modifications
E. Reviewed Shop Drawings, Product Data, and Samples
F. Field Test Records
G. Construction Schedules
H. Manufacturer's Certificates
Maintain documents in clean, dry, legible condition; do not use them for construction purposes.
Keep Record Documents and samples accessible to the City Representative for inspection. The City Representative will not approve applications for partial payment if Record Documents are not current. The City Representative must verify this before submitting each Application for Payment.
96 6-14.2 Recording. Record changes to the Plans and discoveries of buried objects at the Work on Record Documents with red ballpoint pen. Label each Document “PROJECT RECORD” in large printed letters and record information concurrently with construction progress. Do not conceal any work until the required information is recorded, and legibly mark each item on the Contract Drawings and Shop Drawings to record actual construction, including:
A. Measured depths of elements in relation to a fixed datum point B. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements C. Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible construction features D. Field changes of dimension and detail
E. Changes made by Contract modifications
F. Details not on original Contract Drawings
G. Previously unknown buried objects
Legibly mark each item to record actual construction, including:
A. Manufacturer, trade name, and catalog number of each product installed, particularly optional and substitute items
B. Changes made by Addenda or modifications
Maintain other documents per the requirements of individual Specifications sections. 6-14.3 Submittals. At Contract Final Closeout, deliver Record Documents and samples per 6-14.1. The City Representative will not approve your request for final payment until you deliver all Record Documents.
Send submittals with a cover letter signed by you or by your authorized representative listing the date, project title and number, and number and title of each Record Document.
6-15 AUDIT AND ACCESS TO RECORDS.
A. Maintain all books, records, documents and other evidence directly pertinent to performing the Work according to generally accepted accounting principles and practices consistently applied. Maintain all financial information and data you used to prepare or support any cost submission, including your original bid, required for this Contract or any Change Order, claim or other request for equitable adjustment and a copy of the cost summary or information submitted to the City. The City Representative must have access, with twenty four hours advance written notice, at all times during normal business hours, to all books, records, documents, financial information and other evidence to inspect, audit, and copy. Provide, at no cost to the City, proper facilities for this.
B. Apply the provisions of this section applicable to all Change Orders, claims or other requests for equitable adjustment affecting the Contract Time or price.
Physically include the provisions of this section in all subcontracts and material supply contracts or purchase orders at any tier. The provisions of this section apply to all subcontracts at any tier in excess of $10,000 and to all Change Orders, claims and other requests for equitable adjustment related to project performance.
97 C. Audits conducted under this section must accord with generally accepted auditing standards and the established procedures and guidelines of the reviewing or auditing agency.
D. Release all information discovered and reports prepared after accessing records under the provisions of this section to the City and to other affected agencies.
E. Maintain and make available during performance of the Work and for three years after final payment or until final settlement of all disputes, claims or litigation, whichever occurs later, records under the provisions of this Section. In addition, maintain and make available, records relevant to the Contract, to any Change Order, dispute, litigation, settlement of any claim arising out of performance, or cost or items to which an audit exception has been taken until final payment or final resolution of the dispute, litigation, claim or exception, whichever occurs later.
F. This section applies to all financial records and all Change Orders and claims. It also applies to all records pertaining to all contracts, Change Orders and Contract Amendments:
1. To the extent the records pertain directly to Contract performance;
2. Where there is any indication that fraud, gross abuse or corruption may be involved;
3. Where the Contract is terminated for default or convenience.
G. Access to records is not limited to the required retention periods. The City’s Authorized Representatives must have access to records at any reasonable time for as long as the records are maintained.
6-16 DAILY RECORDS.
A. Prepare and maintain Daily Inspection Records to document progress of the Work daily. Daily records must include a daily accounting of all labor and all equipment on the site for you and for all subcontractors at any tier. Daily records must clearly distinguish work performed under a Change Order, base scope work and disputed work.
B. If any labor or equipment is idled solely because of City actions or inactions, the daily records must include which laborers and equipment were idled and for how long. If specific work activities stopped solely because of City actions or inactions and you reassigned labor and equipment to other activities, the daily records must clearly document the activities stopped, and where labor and equipment were redirected.
C. Copy and give the Daily records to the City Representative at the end of every Work Day or at the beginning of the following Work Day.
ARTICLE 7 – FACILITIES FOR CITY PERSONNEL
(NOT USED)
ARTICLE 8 – measurement and payment
8-1 (NOT USED)
8-2 LUMP SUM WORK. The City will pay for items whose quantities are indicated “Lump Sum,” “LS,” or “Job,” at the price indicated in the Bid. That payment constitutes full compensation for the items of work and all work appurtenant to it.
98 8-2.1 Detailed Schedule. Give the City a cost breakdown for all Contract lump sum items. Within fifteen (15) Calendar Days after award of Contract, give the City Representative cost breakdown tables to review. The City Representative will approve the cost breakdown tables in writing before making any partial payment for the applicable items.
Determine the quantities required to complete the Work shown on the Plans and include the quantities and their values in the cost breakdowns you give the City Representative for approval. You are responsible for the accuracy of the quantities and values in your cost breakdowns.
The total of the amounts for the line items of work in each cost breakdown table for each lump sum item must equal the contract lump sum price bid. Include overhead and profit in each individual line item of work you list.
The City will not adjust compensation in contract lump sum prices because of differences between quantities shown in your cost breakdowns and quantities required to complete the Work as shown on the Plans and as detailed in the Specifications.
The City will use individual line item values in the approved cost breakdown tables to determine partial payments during the progress of the Work and as the basis for calculating a compensation adjustment for contract lump sum items because of changes in line items of work the City Representative ordered. When the total ordered changes to line items of work increases or decreases the lump sum price bid by more than 25 percent, the compensation adjustment for the applicable lump sum item will be determined as specified for increases and decreases in the total pay quantity of an item of work in Article 2 of the General Conditions.
8-3 PAYMENT.
8-3.1 General. The quantities listed in the Proposal do not govern final payment. The City will pay you only for actual quantities of Contract items constructed according to the Contract Documents. When the Work is complete, if the actual quantities show either an increase or decrease from the quantities in the Proposal, Contract Unit Prices will prevail except as specified in 2-2.2.
The unit and lump sum prices paid are full compensation for the items of work and all appurtenant work including furnishing all materials, labor, equipment, tools and incidentals.
The City considered the cost of work items not in the “Schedule of Work and Prices” in the Bidders Proposal as included in the cost of the other work that is listed and no additional compensation is allowed.
When an item of work is designated as (F) in the “Schedule of Work and Prices,” the estimated quantity for that work item is the final pay quantity unless the City Representative revises any dimensions of the item, or the item or a portion of it is
99 eliminated. If the City Representative revises the dimensions of any portion of the item and the revisions result in an increase or decrease in the estimated quantity of that work item, the final pay quantity for the item will be revised in the amount represented by the changes in the dimensions. If a final pay item is eliminated, the estimated quantity for the item will be eliminated. If a portion of a final pay item is eliminated, the final pay quantity will be revised in the amount represented by the eliminated portion of the item of work.
Consider the estimated quantity for each item of work designated as (F) in the “Schedule of Work and Prices” as approximate only; no guarantee is made that the quantity which can be determined by computations, based on the details and dimensions shown on the Plans, will equal the estimated quantity. No allowance will be made if the quantity based on computations does not equal the estimated quantity.
In case of discrepancy between the quantity shown in the “Schedule of Work and Prices” for a final pay item and the quantity or summation of quantities for the same item shown on the Plans, payment will be based on the quantity shown in the “Schedule of Work and Prices.”
The City will not pay you for materials wasted or disposed of in a manner not called for in the Contract. This includes rejected material, not unloaded, material rejected after it has been placed, and material placed outside the Plan lines. The City will not compensate you for disposing of rejected or excess material.
Whenever, at your request, the City performs any portion of the Work, you are responsible for the cost, which may be deducted from any amount due or become due, from the City.
When immediate action is required to prevent injury, death, or property damage, and you do not take and are not reasonably expected to take precautions which are your responsibility, then the City may, after a reasonable attempt to notify you, have precautions taken and charge their costs to you, or may deduct their costs from any amount due or become due from the City. Do not construe the City’s action or inaction under these circumstances as relieving you or your surety from liability.
Payment does not relieve you of your Contractual obligations. Do not construe payment as acceptance of any of the Work or as the transfer of ownership of any equipment or materials to the City. You retain ownership and are obligated to store any fully or partially completed work or structure for which payment has been made or to replace any materials or equipment you are required to provide under the Contract which may be damaged, lost, stolen or otherwise degraded in any way before the Work is accepted, except as specified in 6-9.
No payment affects warranty periods.
100
If the City receives, within the time fixed by law, a properly executed notice to stop payment because you failed to pay for labor or materials used in the Work, it will withhold all money due you for the labor or materials according to applicable laws.
Sixty (60) days after the date the City accepts the Work or as prescribed by law, the City will pay the amount deducted from the final estimate it retained, except amounts required by law to be withheld by properly executed and filed notices to stop payment, or as authorized by the Contract to be retained longer. 8-3.1.1 Application for Payment.
Type and furnish to City Representative, your invoice and the required information, and follow the schedule of work and bid prices in your accepted Bidder’s proposal for unit price contract. Use data on the accepted Schedule of Values for lump sum work.
Provide a dollar value in each column for each line item for the portion of work performed and list each authorized Change Order number and dollar amount and the adjusted Contract Price. Have an authorized officer sign the application to certify it.
After getting the City Representative’s concurrence on the invoice amount, submit the invoice for payment.
Submit data supporting any line item amounts about which the City Representative questions.
Upon your review of, and agreement on, the City of Fountain Valley’s Progress Payment Form furnished to you, provide your signature on the Progress Payment Form and certify to the City that:
A. The data supporting the Progress Payment Form is accurate and the Work has progressed to the point indicated;
B. To the best of your knowledge and belief, the Work accords with the Contract Documents;
C. You are entitled to payment in the amount certified; and D. You have paid all sums the City paid you to reimburse subcontractor work to the subcontractors performing the work without any retention, withholding or back charge.
8-3.2 Progress Payments.
8-3.2.1 Conditions to Progress Payments. Submit your company invoice to the City Representative, once a month. Submit invoices within fifteen (15) days from the end of each month. This estimate must include the value of the total amount of the work you complete during the calendar month preceding that, in which the estimate is made.
101
Without limitation to any other provisions of the Contract Documents, the following precede a proper submission and the City Representative’s approval of each Request for Payment:
A. Submit the detailed Schedule per 8-2.1;
B. Submit the certification required in 8-3.1.1;
C. Submit conditional releases of stop notices, if any, and bond rights upon progress payment, complying with California Civil Code § 8132, for all Work performed during the time covered by the current Application for Payment, which you, your subcontractors of every tier, and all material suppliers to each sign, and forms of unconditional release of stop notice and bond rights upon progress payment, complying with California Civil Code § 8134, for all Work performed during the time covered by the previous Application for Payment that you, your subcontractors of every tier and all material suppliers each sign; D. Maintain Record Drawings as required by the Contract Documents; E. Submit monthly and daily reports as required by the Contract Documents; F. Submit scheduling information and update the Construction Schedule as required by the Contract Documents regarding preparing or updating schedule information; G. Submit certified payroll records as required by the Contract Documents; H. Comply with all requirements for submitting documents or performing conditions that, by the terms of the Contract Documents, constitute conditions to your right to receive payment for Work performed.
8-3.2.2 Payments by City. Pursuant to California Public Contract Code § 20104.50, the City will pay an undisputed, properly submitted Request for Payment within thirty (30) days after the City Representative receives it, based on 95 percent of its value determined pursuant to 8-2.1:
A. The portion of the Work permanently installed;
B. Plus the value of materials delivered on the ground or in storage as approved by City pursuant to 8-3.8;
C. Less the aggregate of previous payments; and
D. Less any other withholdings authorized by the Contract Documents. 8-3.2.3 Rejection by City. The City will return any Request for Payment it disputes or determines is improper and unsuitable for payment not more than seven (7) days after receiving it, together with a written explanation of why the payment request was rejected. The City’s failure to either timely reject a Request for Payment or specify grounds for rejection does not waive of any of its rights. Correct and resubmit rejected Requests for Payment within seven (7) days after receiving them. 8-3.3 Final Payment.
8-3.3.1 Retention.
Pursuant to 8-2.1, the City will also withhold, in addition to withholding permitted by 8-
3.7, a sum equal to five (5) percent of all sums otherwise due you as progress payments from each progress payment (“Retention”) and hold it until it is due as described here.
8-3.3.2 Conditions to Final Payment. Submit your Request for Final Payment by submitting company’s final invoice per City Representative’s instructions, before you request a final inspection of the Work according to 5-8. Include with the Request for Final Payment the following:
102
A. An affidavit that payrolls, materials and equipment bills and other project debts for which the City or the City’s property or funds might be liable, have been paid or satisfied;
B. Your certification required by 8-3.1;
C. Surety’s consent to Final Payment;
D. A certificate evidencing that the insurance required by the Contract Documents is in force;
E. Conditional Waiver and Release Upon Final Payment in the form required by California Civil Code § 8136, executed by you, all subcontractors of every tier and all material suppliers, covering the final payment period;
F. Unconditional Waiver and Release Upon Progress Payment in the form required by California Civil Code § 8134, executed by you, all subcontractors of every tier and all material suppliers of each, covering the previous payment period; G. All Record Documents including, without limitation, complete and accurate record drawings which you kept up to date during performance of the Work; H. Documentation that you have inspected, tested and adjusted the performance of every system or facility of the Work to ensure that it complies with the terms of the Contract Documents;
I. Four (4) copies of all warranties from vendors and subcontractors, operation and maintenance manuals, instructions and related agreements and equipment certifications and similar documents;
J. Releases of rights and claims relating to patents and trademarks required by the Contract Documents; and
K. Any other documents or information required by the Contract Documents as a condition of Final Payment or Final Completion.
8-3.3.3 Retention Release. Pursuant to Public Contract Code § 7107, within sixty (60) days after the City delivers the Notice of Completion and Final Closeout Agreement and Release of All Claims, it will release the Final Payment, including Retention withheld, subject to the City’s right to withhold 150% of any disputed amounts. 8-3.3.4 Disputed Amounts. Pursuant to California Public Contract Code § 7107, the City may deduct and withhold from the Final Payment due under 8-3.3.3, up to 150% of any disputed amounts including amounts to protect the City against any loss caused or threatened as a result of your failure to perform all obligations required as a condition of Completion and Final Payment. Alternatively, the City may elect, in its sole discretion, to accept the Work without correction or completion and adjust the Contract Price pursuant to the Contract Documents.
8-3.3.5 Acceptance of Final Payment. Accepting Final Payment constitutes a waiver of all your rights against the City to recover any loss excepting only those Claims you submitted as required by the Contract Documents before or at the time of Final Payment.
8-3.4 Miscellaneous.
8-3.4.1 Joint Payment. The City has the right, if it deems necessary in its sole discretion, to issue joint checks payable to you and to any subcontractor(s) of any tier.
The joint check payees are solely responsible to allocate and disburse the joint payment funds. A payee’s endorsement of the check constitutes its receipt of payee’s payment.
No joint check creates a contract between the City and a subcontractor of any tier, or
103
any obligation from the City to a subcontractor or any third party rights against the City or the City Representative.
8-3.4.2 Withholding/Duty to Proceed. Paying, withholding or retaining all or part of a payment you claim is due to you does not relieve you of your obligations under the Contract Documents. Continue to perform the Work diligently regardless of the City’s payment, withholding or retention of any payment. The City’s good faith partial payment, withholding or retention of any disputed part of a payment, whether correctly or incorrectly asserted, is not a breach of the Contract Documents and is not grounds for an adjustment of the Contract Price or Contract Time.
8-3.4.3 No Acceptance. The City’s payment or its partial or entire use of the Work does not constitute approval or acceptance of all or any portion of the Work. 8-3.4.4 Contractor Payment Warranty. Submitting an Application for Payment constitutes your warranty that:
A. Title to Work covered by an Application for Payment passes to the City either by integration into the construction or on receipt of your payment, whichever occurs first; and
B. Work covered by previous Applications for Payment are free and clear of liens, stop notices, claims, security interests or encumbrances you or any other person imposes.
8-3.4.5 Corrections. An inaccuracy or error in any Request for Payment does not release you from the error or from losses arising from the Work or from any obligation imposed by the Contract Documents. The City retains the right to subsequently correct any error made in any previously approved Request for Payment or progress payment issued by adjusting subsequent payments.
8-3.5 Payments By Contractor. Do not include in your Requests for Payment sums for any subcontractor’s portion of the Work you do not intend to pay to that subcontractor.
When you receive the City’s payment, pay the subcontractor performing Work on the Project out of that payment for the portion of the Work the subcontractor is entitled to, according to the terms of its contract with you and with applicable laws including, without limitation, California Public Contract Code § 7107.
Notwithstanding any City withholding pursuant to the terms of the Contract Documents, you remain responsible for promptly satisfying from your own funds, sums due all subcontractors who have performed Work included in your Application for Payment.
Require each subcontractor, by appropriate agreement, to pay its subcontractors and material suppliers in a similar manner. The City is not obligated to pay or to be responsible in any way for paying a subcontractor of any tier or material supplier. 8-3.6 Payment Withheld.
8-3.6.1 Withholding by City. In addition to any other amounts the City may have the right to retain under the Contract Documents, it may withhold a sufficient amount of any payment otherwise due you as the City, in its sole discretion, determines is necessary to cover actual or threatened loss due to any of the following:
A. Third-Party Claims. Third-party claims or stop notices filed or reasonable evidence indicating the probable filing of claims or stop notices; B. Defective Work. Defective Work not remedied;
C. Nonpayment. Failure to make proper payments to your subcontractors for services, labor, materials or equipment;
104
D. Inability to Complete. Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum or within the Contract Time; E. Violation of Applicable Laws. C o n t r a c t o r failure or failure of your subcontractors to comply with applicable laws or lawful orders of governmental authorities;
F. Penalty. Any claim or penalty asserted against the City because you failed to comply with applicable laws or lawful orders of governmental authorities including, without limitation, labor laws;
G. Failure to Meet Contract Time. Any damages which may accrue because you failed to meet the Construction Schedule or to perform within the Contract Time; H. Setoff. Any reason specified elsewhere in the Contract Documents as grounds for a withholding offset or set off or that would legally entitle the City to a set-off or recoupment;
I. Consultant Services. Additional professional, consultant or inspection services required because you failed to comply with the Contract Documents; J. Liquidated Damages. Liquidated damages assessed against you; K. Materials. Materials the City ordered pursuant to the Contract Documents; L. Damages. Loss you, or a subcontractor to the City, or separate contractors, or any other person or entity under contract to the City caused; M. Clean Up. Clean up the City performed that is chargeable to you pursuant to the Contract Documents;
N. Employee Benefits. Failure to pay contributions due to employee benefits funds pursuant to any applicable collective bargaining agreement or trust agreement;.
O. Required Documents. Failure to submit on a timely basis, proper and sufficient documentation required by the Contract Documents including, without limitation, Construction Schedule updates, ‘look ahead’ schedules, Submittals, Schedules of Values, information on Subcontractors, Requests for Change Orders, certifications and other required reports or documentation;
P. Other Breach. A breach of any obligation or provision of the Contract Documents.
8-3.6.2 Release of Withholding. If the City determines, in its sole discretion, that you have removed the above-mentioned grounds for withholding and have paid, credited or otherwise satisfied all losses incurred or threated, the City will pay you the amounts withheld because of them.
8-3.6.3 Application of Withholding. The City may apply sums withheld pursuant to 8-
3.6.1, to pay any loss or threatened loss the City determines, in its sole discretion, is appropriate. It may make these payments without a prior judicial determination of its actual rights regarding the loss. You agree and designate the City as your agent for this purpose and agree that these payments are payments made to you by the City under the Contract. The City is not liable to you for these payments made in good faith. The City will give you an accounting of funds paid on your behalf. Alternatively, the City, in its sole discretion, may exercise its right to adjust the Contract Price as provided in the Contract Documents.
8-3.6.4 Continuous Performance. If the City pays the undisputed portion, if any, of funds withheld in good faith, you must continue to perform the Work without interruption while any disputes or disagreements with the City are pending.
105
8-3.7 Substitution of Securities. At your request, the City will pay funds withheld from progress payments pursuant to the requirements of Public Contract Code § 22300, if you deposit in escrow with a bank acceptable to the City, securities eligible for the investment of state funds under Government Code § 16430, or bank or savings and loan certificates of deposit, on the following conditions:
A. Pay the City and the Escrow Agent for the escrow deposit.
B. The value of securities or certificates of deposit placed in escrow is at least equivalent to the retention amounts owed you pursuant to this section.
C. You enter into an escrow agreement satisfactory to the City that includes provisions governing, among other things;
1. Value of securities deposited;
2. Powers of attorney or other documents required to transfer the securities deposited;
3. Cash conversion to fund defaults including but not limited to, terminating your control over the Work, stop notices legally filed, liquidated damages assessed or other amounts retained under the Contract ;
4. Decreased value of securities on deposit; and
5. Termination of escrow when the Contract is complete.
D. Obtain the surety’s written consent to the agreement. 8-3.8 Delivered Materials. The City may make, at its discretion, payments for materials or equipment not incorporated into the Work but delivered on the ground at the site that you stored there or stored off-site under the City’s control. The City will only consider these payments if you submit satisfactory evidence that you have title to the material or equipment, that the material or equipment will be used in the Work and that the material is satisfactorily stored, protected, and insured, and other procedures are in place, acceptable to the City, to protect the City’s interests. To consider this payment, materials or equipment stored off-site must, in addition to the above requirements and unless otherwise specifically approved by the City in writing, be stored in a bonded warehouse, fully insured, and available to the City for inspection. The City has sole discretion to determine the amount of material and equipment stored on the site at any given time.
8-3.9 Mobilization
8-3.9.1 General. Mobilization is preliminary work and operations that include but are not limited to, those necessary to move personnel, equipment, materials and incidentals to the Work site for the Work and for all other necessary work and operations or costs incurred including bonds, insurance and financing before beginning work on Contract items.
Mobilization also includes the cost, time and labor to move necessary construction equipment to and from the job site, supervisory time on the job by your personnel to keep the site safe and all other related work required for all non-working days during construction. Secure adequate storage for equipment and materials.
Have as your agent, a competent English speaking superintendent who can read and thoroughly understand the plans, specifications, other related documents and directions from the City's Representative on-site at all times.
106
8-3.9.2 Measurement and Payment. Mobilization is eligible for partial payment if the Contract includes a bid item for it. Payment for mobilization is at the Lump-Sum (LS) price bid and includes obtaining and paying for all permits and business licenses as required by the City, state and other agencies. The City will waive its permit fee. Comply with the requirements specified by each license or permit. The City will not pay for mobilization until you submit a Construction Schedule that has been reviewed and accepted and is current. The City will make progress payments for this item according to the percent of the project completed and will include mobilization and administration costs for the entire contract period including the construction schedule required in these Specifications. The City will make payments based on the following:
A. When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is 5 percent or more of the original contract amount, 50 percent of the contract item price for mobilization or 5 percent of the original contract amount, whichever is less, will be included in the estimate for payment.
B. When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is 10 percent or more of the original contract amount, the total amount earned for mobilization is 75 percent of the mobilization contract item price or 7.5 percent of the original contract amount, whichever is less, will be included in the estimate for payment.
C. When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is 20 percent or more of the original contract amount, the total amount earned for mobilization is 95 percent of the mobilization contract item price or 9.5 percent of the original contract amount, whichever is less, will be included in the estimate for payment.
D. When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is 50 percent or more of the original contract amount, the total amount earned for mobilization is 100 percent of the mobilization contract item price or 10 percent of the original contract amount, whichever is less, will be included in the estimate for payment.
E. When all the Work is complete, the City will not pay any amount bid for mobilization exceeding 10 percent of the original contract amount. 8-4 DEFECT ASSESSMENT
A. Replace Work or portions of the Work not conforming to specified requirements.
B. If, in the City Representative’s opinion, it is not practical to remove and replace the Work, the City Representative will specify one of the following remedies:
1. The defective Work may remain but the unit price will be adjusted;
2. The defective Work will be partially repaired at the City Representative’s instructions and the unit price will be adjusted;
C. Individual specification sections may modify these options or may require a specific formula or percentage price reduction.
D. The City Representative’s authority to assess the defect and make a payment adjustment is final.
107
8-5 PROMPT PAYMENT. In addition to requirements specified elsewhere, the following also apply: Subsection (f) of § 20104.50 of the Public Contract Code, Article 1.7 of Part 3 of Division 2. Timely progress payments; legislative intent; interest; payment requests:
A. It is the intent of the Legislature in enacting this section to require all local governments to pay their contractors on time so that these contractors can meet their obligations. In requiring local governments to pay promptly, the Legislature finds that prompt payment of outstanding receipts is not merely a municipal affair, but is a matter of statewide concern.
B. It is the intent of the Legislature in enacting this article to regulate public policy relating to prompt payment of local governments’ outstanding receipts. The Legislature finds that all government officials, including those in local government, must set a standard of prompt payment that any business in the private sector that may contract for services should look to for guidance.
C. Any local agency failing to make any progress payment within 30 days after receiving an undisputed and properly submitted payment request from a contractor on a construction contract must pay interest to the contractor equivalent to the legal rate in subdivision (a) of § 685.010 of the Code of Civil Procedure.
D. Upon receiving a payment request, each local agency must comply with both of the following:
1. The local agency must review each payment request as soon as possible after receipt to determine whether the payment request is a proper payment request.
2. The local agency must return to the contractor as soon as possible, but not later than seven days after receipt, any payment request determined not to be a proper payment request. A document setting out why the payment request is not proper must accompany any request returned pursuant to this paragraph.
E. The number of days available to a local agency to make a payment without incurring interest under this section is reduced by the number of days by which it exceeds the seven-day return requirement in paragraph (2) of subsection (c).
F. For purposes of this article:
1. A “local agency” includes, but is not limited to, a city, including a charter city, a county, a city and county, and any public entity subject to this part.
2. A “progress payment” includes all payments due contractors, except that portion of the final payment designated by the contract as retention.
3. A payment request is properly executed if funds are available to pay it, and payment is not delayed by an audit inquiry by the local agency’s financial officer.
G. Each local agency must require that this article, or a summary of it, is included in the terms of any contract subject to this article.
8-6 CLAIMS. Any claims you submit against the City for Work covered by this Contract for $375,000 or less is subject to the procedures specified in Public Contract Code § 20104, et seq.
8-6.1 Claims Submission and Documentation.
A. You may submit a claim in writing concerning a matter properly noticed according to the requirements of this Contract.
108
B. Furnish all claim documentation as specified here no later than thirty (30) days after the event or condition causing the claim has been resolved. If you do not furnish the required claim documentation within this time, you waive your right to compensation for the claim.
C. Furnish three (3) certified copies of the required claim documentation. The documentation must be complete when furnished. The City will evaluate your claim based on City project records and the documentation you provide.
D. Claim documentation must conform to Generally Accepted Accounting Principles and be in the following format:
1. General Introduction
2. General Background Discussion
3. Issues
4. Index of Issues (listed numerically)
5. For each issue (begin each issue on a new page)
a. Background
b. Chronology
c. Your position (why you believe the City is liable)
d. Supporting documentation of merit or entitlement
e. Supporting documentation of damages
6. All critical path method schedules, both as-planned, monthly updates, schedule revisions, and as-built together with computer disks of all schedules related to the claim.
7. Productivity Exhibits, if appropriate
8. Summary of Issues and Damages
E. City by reference, photocopy or explanation, supporting documentation relevant to each issue. Supporting documentation may include, but is not be limited to:
general conditions, general requirements, technical specifications, drawings, correspondence, conference notes, shop drawings and submittals, shop drawing logs, survey books, inspection reports, delivery schedules, test reports, daily reports, subcontracts, fragmentary CPM schedules or time impact analyses, photographs, technical reports, requests for information, field instructions and all other related records that support your claim.
F. Cite, photocopy or explain supporting documentation of damages for each issue.
Supporting documentation may include, but shall not be limited to:, all documents related to preparing and submitting the bid; be certified; consisting of detailed labor records, including labor distribution reports, material and equipment procurement records, construction equipment ownership cost or rental records, subcontractor or vendor files and cost records, service cost records, purchase orders, invoices, project as-planned and as- built cost records, general ledger records, variance reports, accounting adjustment records and any other accounting materials that support your claim.
G. Have each copy of the claim documentation certified by a responsible office of yours according to the requirements of the Contract Documents.
H. If you cannot support any part of the claim and it is determined that this inability is due to the falsity of the certification or misrepresentation of fact or fraud on your part, you are liable to the City as provided under California Government Code § 12650 et. seq.
109
I. Your claims must be accompanied by a notarized certificate containing the following language:
Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, Government code § 12650 et. seq., the undersigned,
(Name)
(Title)
(Company)
hereby certifies that the claim for the additional compensation and time, if any, made here for the work on this Contract is a true statement of the actual costs incurred and time sought, and is fully documented and supported under the Contract between the parties.
Dated
Signature
Subscribed and sworn before me this day
of
Notary Public
My Commissions expires
Failing to submit the notarized certificate is cause for denying the claim.
END OF SECTION
3:.
3$<0(17%21'
3$*(
%RQG1R
&,7<2))2817$,19$//(<
3$<0(17%21'
/$%25$1'0$7(5,$/%21'
.12:$//0(1%<7+(6(35(6(176
7+$7:+(5($6&,7<2))2817$,19$//(<DPXQLFLSDOFRUSRUDWLRQE\PLQXWH RUGHURIWKH&LW\&RXQFLODGRSWHGRQ0DUFK
KDVDZDUGHGWR
+RUL]RQV&RQVWUXFWLRQ&R,QW
O,QF
:0HDWV$YH
2UDQJH&$
KHUHLQDIWHUGHVLJQDWHGDVWKH³35,1&,3$/´DQ$*5((0(17IRUWKHZRUNGHVFULEHGDVIROORZV
,QIRUPDWLRQ 7HFKQRORJ\ 'HSDUWPHQW 8SJUDGHV 6DLG $*5((0(17 LV IXOO\ LQFRUSRUDWHG KHUHLQE\UHIHUHQFH
:+(5($6VDLG35,1&,3$/LVUHTXLUHGE\WKHSURYLVLRQVRIVDLG$*5((0(17DQGRI WKH&LYLO&RGHWRIXUQLVKDERQGLQFRQQHFWLRQZLWKVDLG$*5((0(17DVKHUHLQDIWHUVHWIRUWK 12:7+(5()25(:(WKHXQGHUVLJQHG&2175$&725DV35,1&,3$/DQG
1DPHDQG$GGUHVVRI6XUHW\
KHUHLQDIWHU GHVLJQDWHG DV WKH ³685(7<´ GXO\ DXWKRUL]HG WR WUDQVDFW EXVLQHVV XQGHU WKH ODZV RI WKH 6WDWH RI &DOLIRUQLD DV 685(7< DUH KHOG DQG ILUPO\ ERXQG XQWR WKH &LW\ RI )RXQWDLQ 9DOOH\ LQ WKH SHQDO VXP RI
WZR KXQGUHG HLJKW\VL[ WKRXVDQG WZR KXQGUHG HLJKW\WZR GROODUV
VDLGVXPEHLQJQRWOHVVWKDQRQHKXQGUHGSHUFHQW
RIWKH
HVWLPDWHG DPRXQW SD\DEOH XQGHU WKH WHUPV RI WKH $*5((0(17 IRU ZKLFK SD\PHQW ZHOO DQG WUXO\ EH PDGH ZH ELQG RXUVHOYHV RXU KHLUV H[HFXWRUV DQG DGPLQLVWUDWRUV VXFFHVVRUV DQG DVVLJQV MRLQWO\ DQGVHYHUDOO\ILUPO\E\WKHVHSUHVHQWV 7+( &21',7,21 2) 7+,6 2%/,*$7,21 ,6 68&+ WKDW LI VDLG 35,1&,3$/ RU KLV VXEFRQWUDFWRUVRUWKHKHLUVH[HFXWRUVDGPLQLVWUDWRUVVXFFHVVRUVRUDVVLJQVWKHUHRIVKDOOIDLOWR SD\ DQ\ SHUVRQ RU SDUW\ OLVWHG LQ &DOLIRUQLD &LYLO &RGH 6HFWLRQ
E
LQFOXGLQJ DQ\ RI
WKHSHUVRQVQDPHG LQ 6HFWLRQ
RI WKH &LYLO &RGH RI WKH 6WDWH RI &DOLIRUQLD IRU DQ\
PWK20201211
PDWHULDOVSURYLVLRQVprovender, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor performed by any such claimant or any amounts require deducted, withheld, and paid over to the Employment Development Division from the wages of employees of the CONTRACTOR and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then said SURETY will pay for the same, in an amount not exceeding the sum set forth hereinabove, and in addition, in case suit is brought upon the bond, will pay a reasonable attorney’s fee to be fixed by the court. This bond shall inure to the benefit of any and all persons named in the aforesaid Civil Code Section 9100 so as to give a right of action to them or their assigns in any suit brought upon the bond.
PAYMENT BOND
PAGE 2
Bond No.
Further, the said SURETY, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the AGREEMENT documents or of the work to be performed thereunder shall in any way affect its obligation on this bond, and it hereby waives notice of any and all such changes, extensions of time, and alterations or modifications of the AGREEMENT documents and/or of the work to be performed thereunder.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this WK day of
0DUFK, 2024.
+RUL]RQV&RQVWUXFWLRQ&R,QW
O, Inc.
:0HDWV$YH 2UDQJH&$
PRINCIPAL
%\
.LQDQ.RWUDVK9LFH3UHVLGHQW
Company Representative
In accordance with the AGREEMENT for ,QIRUPDWLRQ 7HFKQRORJ\ 'HSDUWPHQW 8SJUDGHV, all bonds shall have been issued by an admitted surety insurer, and the CITY reserves the right to object to any such surety, in accordance with Code of Civil Procedure Section 995.660.
By signing below, SURETY certifies that the bonds are issued by admitted surety.
SURETY
By:
Company Representative
3:.
+$53(5 %8516//3
$WWRUQH\VIRUWKH&LW\
&LW\RI)RXQWDLQ9DOOH\
%\V
)$,7+)8/3(5)250$1&(%21'
3$*(
%RQG1R
&,7<2))2817$,19$//(<
)$,7+)8/3(5)250$1&(%21'
.12:$//0(1%<7+(6(35(6(176
7+$7:+(5($6&,7<2))2817$,19$//(<DPXQLFLSDOFRUSRUDWLRQE\PLQXWHRUGHU RIWKH&LW\&RXQFLODGRSWHGRQ0DUFK
KDVDZDUGHGWR
+RUL]RQV&RQVWUXFWLRQ&R,QW
O,QF
:0HDWV$YH
2UDQJH&$
KHUHLQDIWHUGHVLJQDWHGDVWKH³35,1&,3$/´DQ$*5((0(17IRUWKHZRUNGHVFULEHGDVIROORZV
,QIRUPDWLRQ7HFKQRORJ\'HSDUWPHQW8SJUDGHV6DLG$*5((0(17LVIXOO\LQFRUSRUDWHGKHUHLQ E\UHIHUHQFH
:+(5($6 WKH VDLG 35,1&,3$/ LV UHTXLUHG XQGHU WKH WHUPV RI VDLG $*5((0(17 WR IXUQLVKDERQGIRUWKHIDLWKIXOSHUIRUPDQFHRIVDLG$*5((0(17 12:7+(5()25(:(WKHXQGHUVLJQHG&2175$&725DV35,1&,3$/DQG
1DPHDQG$GGUHVVRI6XUHW\
KHUHLQDIWHUGHVLJQDWHGDVWKH³685(7<´GXO\DXWKRUL]HGWRWUDQVDFWEXVLQHVVXQGHUWKHODZVRI WKH6WDWHRI&DOLIRUQLDDV685(7<DUHKHOGDQGILUPO\ERXQGXQWRWKH&LW\RI)RXQWDLQ9DOOH\ LQ WKH SHQDO VXP RI
WZR KXQGUHG HLJKW\VL[ WKRXVDQG WZR KXQGUHG HLJKW\WZR GROODUV
VDLGVXPEHLQJQRWOHVVWKDQRQHKXQGUHGSHUFHQW
RIWKHHVWLPDWHG
DPRXQW SD\DEOH XQGHU WKH WHUPV RI WKH $*5((0(17 IRU ZKLFK SD\PHQW ZHOO DQG WUXO\ EH PDGH ZH ELQG RXUVHOYHV RXU KHLUV H[HFXWRUV DQG DGPLQLVWUDWRUV VXFFHVVRUV DQG DVVLJQV MRLQWO\ DQGVHYHUDOO\ILUPO\E\WKHVHSUHVHQWV APPROVED AS TO FORM:
3:.
7+(&21',7,212)7+,62%/,*$7,21,668&+WKDWLIWKHDERYHEXUGHQ35,1&,3$/ KLVRULWVKHLUVH[HFXWRUVDGPLQLVWUDWRUVVXFFHVVRUVRUDVVLJQVVKDOOLQDOOWKLQJVVWDQGWRDQG DELGHE\DQGZHOODQGWUXO\NHHSDQGSHUIRUPDOOWKHXQGHUWDNLQJVWHUPVFRYHQDQWVFRQGLWLRQV DQGDJUHHPHQWVLQWKHVDLG$*5((0(17DQGDQ\DOWHUDWLRQWKHUHRIPDGHDVWKHUHLQSURYLGHGRQ KLVRUWKHLUSDUWWREHNHSWDQGSHUIRUPHGDWWKHWLPHDQGLQWKHPDQQHUWKHUHLQVSHFLILHGDQGLQ DOOUHVSHFWVDFFRUGLQJWRWKHLUWUXHLQWHQWDQGPHDQLQJDQGVKDOOLQGHPQLI\DQGVDYHKDUPOHVVWKH &LW\RI)RXQWDLQ9DOOH\LWVRIILFHUVDQGLWVDJHQWVDVWKHUHLQVWLSXODWHGWKHQWKLVREOLJDWLRQVKDOO EHFRPHQXOODQGYRLGRWKHUZLVHLWVKDOOEHDQGUHPDLQLQIXOOIRUFHDQGYLUWXH )$,7+)8/3(5)250$1&(%21'
3$*(
%RQG1R
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
0DUFK
+RUL]RQV&RQVWUXFWLRQ&R,QW
O,QF
:0HDWV$YH
2UDQJH&$
35,1&,3$/
%\
.LQDQ.RWUDVK9LFH3UHVLGHQW
&RPSDQ\5HSUHVHQWDWLYH
,QIRUPDWLRQDO7HFKQRORJ\'HSDUWPHQW8SJUDGHV DOO ERQGV VKDOO KDYH EHHQ LVVXHG E\ DQ DGPLWWHG VXUHW\ LQVXUHU DQG WKH &,7< UHVHUYHV WKH ULJKW WR REMHFW WR DQ\ VXFK VXUHW\ LQ DFFRUGDQFHZLWK&RGHRI&LYLO3URFHGXUH6HFWLRQ
%\VLJQLQJEHORZ685(7<FHUWLILHVWKDWWKHERQGVDUHLVVXHGE\DGPLWWHGVXUHW\
3:.
%\
&RPSDQ\5HSUHVHQWDWLYH
$33529('$672)250
+$53(5 %8516//3
$WWRUQH\VIRUWKH&LW\
&LW\RI)RXQWDLQ9DOOH\
%\V
SURETY
Rev. 4/2021 Sourcewell IFB #CA-123021
Indefinite Delivery-Indefinite Quantity Construction Contracts in the State of California
Indefinite Delivery-Indefinite Quantity Construction Contract Contract Number: CA-R8-GB01-123021-HCC
This Indefinite Delivery-Indefinite Quantity Construction Contract (Contract) is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 and Horizons Construction Company Int'l Inc., 432 W Meats Avenue, Orange, CA 92865 (Contractor).
Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state and municipal governmental entities, K-12 and higher education entities, nonprofit entities, tribal governments, and other public entities located within the United States.
The Contractor desires to contract with Sourcewell to provide construction services to entities that access Sourcewell’s indefinite delivery-indefinite quantity (IDIQ) construction contracts within the Region.
I. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract, including the General Terms and Conditions incorporated by reference, is effective upon the later of February 1, 2022 or the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires January 31, 2023, unless it is terminated sooner pursuant to Article XX of the General Terms and Conditions, which are incorporated into this Contract by reference. This Contract may be extended up to three additional one-year periods upon request of Sourcewell and with written agreement by the Contractor, not to exceed a total of four years.
II. REGION
The Contractor’s Region is as follows: Region 8.
III. ADJUSTMENT FACTORS
The Contractor will perform any or all Tasks in the Construction Task Catalog for the Unit Price appearing therein multiplied by the following Adjustment Factors. See the General Terms and Conditions for additional information.
A. Normal Working Hours - Prevailing Wage Rate Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.0100.
B. Other Than Normal Working Hours - Prevailing Wage Rate Projects: Work performed from 4:00 p.m. to 7:00 a.m. Monday to Friday, and any time Saturday, Sunday and Holidays. The Contractor will
Rev. 4/2021 Sourcewell IFB #CA-123021
Indefinite Delivery-Indefinite Quantity Construction Contracts in the State of California
perform Tasks during Other Than Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.0100.
C. Secured/Medical Facilities - Prevailing Wage Rate Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.0100.
D. All-Union Wage Projects: Work performed from 7:00 a.m. until 4:00 p.m. Monday to Friday, except Holidays. The Contractor will perform Tasks during Normal Working Hours for the Unit Price set forth in the CTC multiplied by the Adjustment Factor of: 1.0100.
E. Non pre-priced Adjustment Factor: To be applied to Work determined not to be included in the CTC but within the general scope of the work: 1.0100.
VI. AUTHORIZED REPRESENTATIVE
A. Sourcewell's Authorized Representative is its Chief Procurement Officer.
B. The Contractor’s Authorized Representative is Kinan Kotrash. If the Contractor’s Authorized Representative changes at any time during this Contract, Contractor must promptly notify Sourcewell in writing.
Sourcewell Horizons Construction Company Int'l Inc.
By: __________________________ By: __________________________ Jeremy Schwartz, CSSBB, CPPO Kinan Kotrash
Title: Chief Procurement Officer Title: Vice President
Date: Date:
AGREEMENT TO
MODIFY AND EXTEND
SOURCEWELL CONTRACT #CA-R8-GB01-123021-HCC
THIS AGREEMENT TO MODIFY AND EXTEND, Sourcewell Contract #CA-R8-GB01-123021-HCC, is effective upon the date of the last signature below.
Sourcewell and Horizons Construction Company Int'l Inc. (“Contractor”) have entered into an Indefinite Quantity Construction Contract, Contract Number CA-R8-GB01-123021-HCC, with an initial term ending January 31, 2023, and three bilateral options to extend for an additional one-year term (“Contract”). The parties agree that the Contractor’s Adjustment Factors will be modified, and that Sourcewell’s offer of a one-year extension term will be accepted by Contractor.
MODIFICATION: OPTION PERIOD
Pursuant to the Contract, the following are the Adjustment Factors for the term ending January 31, 2024:
Base Year Index First Year Index
Date Index Date Index
1 December 2020 11625.95 1 December 2021 12481.82
2 January 2021 11627.94 2 January 2022 12555.55
3 February 2021 11698.79 3 February 2022 12683.97
4 March 2021 11749.75 4 March 2022 12791.43
5 April 2021 11849.32 5 April 2022 12898.96
6 May 2021 11989.91 6 May 2022 13004.47
7 June 2021 12112.05 7 June 2022 13110.50
8 July 2021 12237.69 8 July 2022 13167.84
9 August 2021 12463.13 9 August 2022 13171.07
10 September 2021 12464.55 10 September 2022 13173.43
11 October 2021 12464.94 11 October 2022 13174.92
12 November 2021 12467.32 12 November 2022 13174.98
Base Year Average 12062.6116 First Year Average 12830.9416 Adjustment: First Year Index Average = 12949.0783 = 1.0735 Base Year Index Average 12062.6116
CA-R8-GB01-123021-HCC
Original
Adjustment
Factor x Adjustment =
Adjustment Factor
02/01/23
through
01/31/24
Normal Working Hours – Prevailing Wage 1.0100 1.0735 1.0842 Other Than Normal Working Hours –
Prevailing Wage 1.0100 1.0735 1.0842
Secured/Medical Facilities – Prevailing Wage
Rate 1.0100 1.0735 1.0842
All-Union Wage 1.0100 1.0735 1.0842
Non Pre-Priced 1.0100 1.0000 1.0100
EXERCISE OF OPTION: EXTENSION
Contractor and Sourcewell hereby desire and agree to extend the Contract, with the above modification, for the period February 1, 2023 through January 31, 2024.
Sourcewell Horizons Construction Company Int'l Inc.
By: __________________________ By: __________________________ Jeremy Schwartz Kinan Kotrash
Title: Chief Procurement Officer Title: Vice President
Date: Date:
AGREEMENT TO
MODIFY AND EXTEND
SOURCEWELL CONTRACT #CA-R8-GB01-123021-HCC
THIS AGREEMENT TO MODIFY AND EXTEND, Sourcewell Contract #CA-R8-GB01-123021-HCC, is effective upon the date of the last signature below.
Sourcewell and Horizons Construction Company Int'l Inc. (“Contractor”) have entered into an Indefinite Quantity Construction Contract, Contract Number CA-R8-GB01-123021-HCC, with an initial term ending January 31, 2023, and three bilateral options to extend for an additional one-year term (“Contract”). The Contract has previously been extended by the parties for the term ending January 31, 2024. The parties agree that the Contractor’s Adjustment Factors will be modified, and that Sourcewell’s offer of a oneyear extension term will be accepted by Contractor.
MODIFICATION: OPTION PERIOD
Pursuant to the Contract, the following are the Adjustment Factors for the term ending January 31, 2025:
Base Year Index Second Year Index
Date Index Date Index
1 December 2020 11625.95 1 December 2022 13160.29
2 January 2021 11627.94 2 January 2023 13175.03
3 February 2021 11698.79 3 February 2023 13175.93
4 March 2021 11749.75 4 March 2023 13176.30
5 April 2021 11849.32 5 April 2023 13229.57
6 May 2021 11989.91 6 May 2023 13288.27
7 June 2021 12112.05 7 June 2023 13345.00
8 July 2021 12237.69 8 July 2023 13424.98
9 August 2021 12463.13 9 August 2023 13472.56
10 September 2021 12464.55 10 September 2023 13485.67
11 October 2021 12464.94 11 October 2023 13497.97
12 November 2021 12467.32 12 November 2023 13510.57
Base Year Average 12062.6116 Second Year Average 13328.5116 Adjustment: Second Year Index Average = 13328.5116 = 1.1049 Base Year Index Average 12062.6116
CA-R8-GB01-123021-HCC
Original
Adjustment
Factor x Adjustment =
Adjustment Factor
02/01/24
through
01/31/25
Normal Working Hours – Prevailing Wage 1.0100 1.1049 1.1159 Other Than Normal Working Hours –
Prevailing Wage 1.0100 1.1049 1.1159
Secured/Medical Facilities – Prevailing Wage
Rate 1.0100 1.1049 1.1159
All-Union Wage 1.0100 1.1049 1.1159
Non Pre-Priced 1.0100 1.0000 1.0100
EXERCISE OF OPTION: EXTENSION
Contractor and Sourcewell hereby desire and agree to extend the Contract, with the above modification, for the period February 1, 2024 through January 31, 2025.
Sourcewell Horizons Construction Company Int'l Inc.
By: __________________________ By: __________________________ Jeremy Schwartz Kinan Kotrash
Title: Chief Procurement Officer Title: Vice President
Date: Date:
Work Order Signature Document
EZIQC Contract No.: CA-R8-GB01-123021-HCC
FV - IT Office Upgrades
New Work Order
125263.00
Modify an Existing Work Order
Work Order Title:
Work Order Number.: Work Order Date:
X
03/06/2024
Contractor Name:
Contact:
Phone:
Contact:
Phone:
Kinan Kotrash
(714) 626-0000
Owner Name: City of Fountain Valley
Scott Smith
714-593-4400
Horizons Construction Co. Int'l, Inc.
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of Sourcewell EZIQC Contract No CA-R8-GB01-123021-HCC.
Brief Work Order Description:
Liquidated Damages Will apply: X Will not apply:
Estimated Completion Date:
Time of Performance Estimated Start Date:
Work Order Firm Fixed Price: $286,282.11
Owner Purchase Order Number:
Approvals
City of Fountain Valley Date Contractor Date
2.00
3/6/2024
Work Order Signature Document
3.00 Detailed Scope of Work
To: Kinan Kotrash From: Scott Smith
Horizons Construction Co. Int'l, Inc. City of Fountain Valley 432 W. Meats Ave. 10200 Slater Ave
Orange, CA 92865 Fountain Valley, CA 92708
(714) 626-0000 714-593-4400
Work Order Number:
Date Printed: March 07, 2024
125263.00
Work Order Title: FV - IT Office Upgrades
Brief Scope:
Preliminary Revised X Final
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items set forth below shall be considered part of this scope of work. 125263.00 - FV - IT Office Upgrades
Detailed Scope:
• Demo existing wall partitions including two doors and frames • Demo existing flooring tiles
• Demo existing blinds
• Demo of existing T-bars above wall partition
• Demo of ceiling tiles
• Remove existing lights
• Prepare flooring surface for new tiles and install new LVT flooring • Construct new wall partition with wall base
• Install new doors and frames
• Modify frame for door swing
• Install new blinds
• Remove and install new 3M film on existing glass
• Paint all new walls and repaint existing walls
• Install new duplex outlets and data outlets
• Provide and install new T-bar Ceiling at area above partition • Install new ceiling tiles
• Install new lights
• Repaint existing T-bar Ceiling
• Provide design, engineering, shop drawing services for City approval of proposed • Demo existing wet fire sprinkler heads and piping in IT Room • Fabrication and installation of new turnkey pre-action system • Remove and dispose of existing Liebert and Compu-Aire air units • Install new carrier cooling-only units
• Install two Magic-Aire horizontal air handlers
3/7/2024
Scope of Work
Detailed Scope of Work Continues..
Work Order Title:
Work Order Number: 125263.00
FV - IT Office Upgrades
• Modify existing supply duct connections
• Test the proposed AC cooling systems
Subject to the terms and conditions of ezIQC Contract CA-R8-GB01-123021-HCC.
Horizons Construction Co. Int'l, Inc. Date
City of Fountain Valley Date
3/7/2024
Scope of Work
4.00 Contractor's Price Proposal - Summary
Owner PO #:
FV - IT Office Upgrades
125263.00
IQC Master Contract #: CA-R8-GB01-123021-HCC
Work Order #:
Title:
Re:
Date: March 06, 2024
Proposal Value:
Contractor: Horizons Construction Co. Int'l, Inc.
$286,282.11
Section - 01 $21,411.09
Section - 05 $5,842.57
Section - 07 $667.32
Section - 08 $20,174.96
Section - 09 $33,744.12
Section - 10 $764.15
Section - 12 $6,976.96
Section - 21 $122,422.10
Section - 23 $52,940.16
Section - 26 $11,304.23
Section - 27 $10,034.45
Proposal Total
Thisl total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$286,282.11
The Percentage of NPP on this Proposal: 61.26%
3/6/2024
Contractor's Price Proposal - Summary
5.00 Contractor's Price Proposal - Detail
FV - IT Office Upgrades
125263.00
IQC Master Contract #: CA-R8-GB01-123021-HCC
Work Order #:
Owner PO #:
Title:
Re:
Date: March 06, 2024
Proposal Value:
Contractor: Horizons Construction Co. Int'l, Inc.
$286,282.11
Labor Equip. Material (Excludes)
Sect. Item Mod. UOM Description Line Total
Section - 01
01 22 16 00 0002 Reimbursable FeesReimbursable Fees will be paid to the contractor for eligible costs as directed by Owner. Insert the appropriate quantity to adjust the base cost to the actual Reimbursable Fee. If there are multiple Reimbursable Fees, list each one separately and add a comment in the "note" block to identify the Reimbursable Fee (e.g. sidewalk closure, road cut, various permits, extended warranty, expedited shipping costs, etc.). A copy of each receipt shall be submitted with the Price Proposal.
1 EA $6,793.81
Installation x x = 6,793.81
Quantity Unit Price Factor Total
5,589.77 1.00 1.2154
Bond and Insurance 2%
$279,488.30 * 0.02 = $5,589.77
01 22 20 00 0006 CarpenterFor tasks not included in the Construction Task Catalog® and as directed by owner only.
2 HR $3,285.50
Installation x x = 3,285.50
Quantity Unit Price Factor Total
32.00 92.00 1.1160
Carpenter to place new headers for New Doors
01 22 20 00 0009 Drywall FinisherFor tasks not included in the Construction Task Catalog® and as directed by owner only.
3 HR $3,084.45
Installation x x = 3,084.45
Quantity Unit Price Factor Total
32.00 86.37 1.1160
2 drywall finisher for 2 Days to touch up and finish up all finishes 01 22 20 00 0010 ElectricianFor tasks not included in the Construction Task Catalog® and as directed by owner only.
4 HR $3,734.76
Installation x x = 3,734.76
Quantity Unit Price Factor Total
32.00 104.58 1.1160
2 Electrician for 2 Day to reroute existing electrical conduit lines. 01 22 20 00 0026 GlazierFor tasks not included in the Construction Task Catalog® and as directed by owner only.
5 HR $3,441.21
Installation x x = 3,441.21
Quantity Unit Price Factor Total
32.00 96.36 1.1160
2 Glazier for 1 day to remove existing tint on windows
6 01 56 16 00 0006 SF 6 Mil, Fire Retardant, Plastic Sheeting, Applied To Floors $374.98 Installation x x = 374.98
Quantity Unit Price Factor Total
800.00 0.42 1.1160
6 mil sheeting for floors
7 01 56 16 00 0007 SF 6 Mil, Fire Retardant, Plastic Sheeting, Applied To Walls $696.38 Installation x x = 696.38
Quantity Unit Price Factor Total
1,200.00 0.52 1.1160
6 mil sheeting for walls
Subtotal for Section - 01 $21,411.09
Section - 05
3/6/2024
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 125263.00
FV - IT Office Upgrades
Section - 05
05 41 00 00 0015 4" Width, 16" On Center, 14 Gauge, Load Bearing, Structural Metal Stud Framing With Tracks And Runners
8 SF $3,394.07
Installation x x = 3,394.07
Quantity Unit Price Factor Total
396.00 7.68 1.1160
Metal Stud for new Wall
36' x 11' = 396
9 05 42 13 00 0002 LF 5-1/2" - 20 Gauge Steel Joists $2,448.50 Installation x x = 2,448.50
Quantity Unit Price Factor Total
200.00 10.97 1.1160
Metal Stud Backing
Subtotal for Section - 05 $5,842.57
Section - 07
10 07 21 16 00 0004 SF 3-1/2" Thick, Kraft Faced, R-13 Fiberglass Flexible Insulation $667.32 Installation x x = 667.32
Quantity Unit Price Factor Total
396.00 1.51 1.1160
fiberglass insulation to fit in space
Subtotal for Section - 07 $667.32
Section - 08
08 05 13 00 0054 Modify Metal Door Frame For Door SwingIncludes removal of door; install blank hinge plates, new continuous hinge, blank strike plate, new strike plate and reinstallation of door.
11 EA $1,188.95
Installation x x = 1,188.95
Quantity Unit Price Factor Total
1.00 1,065.37 1.1160
Modify door for door swing
08 12 13 13 0010 3'-6" x 6'-8" Through 7'-2" High, 4-3/4" Deep, 16 Gauge, Knock Down Hollow Metal Door Frame
12 EA $1,121.47
Installation x x = 892.47
Quantity Unit Price Factor Total
2.00 399.85 1.1160
Demolition 2.00 x 102.60 x 1.1160 = 229.00
remove and stockpile, and install 2 new doors frames
13 08 14 16 00 0018 EA 3'-6" x 7' x 1-3/8" Thick, 5 Ply, Hollow Core (HC), Birch Faced Wood Door $791.42 Installation x x = 661.32
Quantity Unit Price Factor Total
2.00 296.29 1.1160
Demolition 2.00 x 58.29 x 1.1160 = 130.10
remove and replace doors
08 71 11 00 0012 5" x 5" Standard Duty, Full Mortise, Ball Bearing, Brass/Bronze, Satin Chrome Finish Hinge
14 PR $255.83
Installation x x = 255.83
Quantity Unit Price Factor Total
2.00 114.62 1.1160
Furnish and Install 2 Hinges selected by the owner
08 71 11 00 2290 Entrance/Office F04 Mortise LocksetLocked with key outside and thumb knob inside.
15 EA $1,818.25
Installation x x = 1,818.25
Quantity Unit Price Factor Total
2.00 814.63 1.1160
lock set for 2 doors
** Items to Match existing or be selected by owner **
3/6/2024
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 125263.00
FV - IT Office Upgrades
Section - 08
08 87 23 16 0005 0.006" Clear, High Performance, Security And Safety Glazing Film (3M Scotchshield™ Ultra600)
16 SF $14,999.04
Installation x x = 14,999.04
Quantity Unit Price Factor Total
800.00 16.80 1.1160
provide and install 3M film on existing glass
** we will match what the owner is requesting items in catalog are not always the same *** Subtotal for Section - 08 $20,174.96
Section - 09
17 09 29 10 00 0006 SF 5/8" Gypsum Board $1,378.84
Installation x x = 1,378.84
Quantity Unit Price Factor Total
792.00 1.56 1.1160
gypsum board for new walls
36 lf * 11' high * 2 sides = 792 sf
18 09 29 10 00 0006 0052 For Walls >10' High, Add $79.55 Installation x x = 79.55
Quantity Unit Price Factor Total
792.00 0.09 1.1160
Modifier for Walls above 10'
19 09 29 10 00 0041 SF Up To 10' High, Ceilings, Tape, Spackle And Finish Gypsum Board $715.94 Installation x x = 715.94
Quantity Unit Price Factor Total
792.00 0.81 1.1160
Finish gypsum board for new wall
36 lf * 11' high * 2 sides = 792 sf
20 09 29 10 00 0044 LF Up To 10' High, Vertical Corners, Tape, Spackle And Finish Gypsum Board $686.34 Installation x x = 686.34
Quantity Unit Price Factor Total
500.00 1.23 1.1160
finish vertical corners of new wall
09 51 13 00 0006 2' x 4' x 1" Thick, Fiberglass Acoustical Ceiling Panel (Armstrong Optima® 3153)
21 SF $9,548.50
Installation x x = 8,932.46
Quantity Unit Price Factor Total
1,200.00 6.67 1.1160
Demolition 1,200.00 x 0.46 x 1.1160 = 616.03
demo and install new 2 x 4 acoustic ceiling tiles
09 53 23 00 0007 2' x 2' Grid, Hot Dipped Galvanized Steel, 9/16" T Bar Ceiling Suspension System
22 SF $2,696.26
Installation x x = 2,285.57
Quantity Unit Price Factor Total
800.00 2.56 1.1160
Demolition 800.00 x 0.46 x 1.1160 = 410.69
demolition and installation of new ceiling T-bars
23 09 53 23 00 0010 LF Pencil Rod Support For Suspended Ceiling with Accessories $1,566.86 Installation x x = 1,566.86
Quantity Unit Price Factor Total
1,200.00 1.17 1.1160
Pencil Rod for ceiling tiles
24 09 65 13 13 0008 LF 6" High, 1/8" Thick, Type TP Thermoplastic Rubber Wall Base, All Colors $348.73 Installation x x = 348.73
Quantity Unit Price Factor Total
72.00 4.34 1.1160
wall base for new wall partition
25 09 65 13 13 0008 0453 For >40 To 80, Add $24.91
Installation x x = 24.91
Quantity Unit Price Factor Total
72.00 0.31 1.1160
modifier for Qty that is between 40 and 80 LF
3/6/2024
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 125263.00
FV - IT Office Upgrades
Section - 09
09 65 13 33 0005 Removal Of Glue From Concrete FloorFor removal of glue from VCT or carpet placement. Not to be used in conjunction with demolition tasks associated with floor tile installation.
26 SF $604.31
Installation x x = 604.31
Quantity Unit Price Factor Total
570.00 0.95 1.1160
preparing floor for new LVT
27 09 65 19 23 0014 SF 2.5mm Thick, Luxury Vinyl Tile (LVT) (Mannington Amtico) $7,786.11 Installation x x = 7,060.93
Quantity Unit Price Factor Total
570.00 11.10 1.1160
Demolition 570.00 x 1.14 x 1.1160 = 725.18
Remove and install new LVT per specs
** Items to Match existing or be selected by owner **
28 09 81 16 00 0010 SF 6" Thick, 2.5 PCF Density, Sound Attenuation Fire Blanket (Thermafiber SAFB) $1,299.29 Installation x x = 1,299.29
Quantity Unit Price Factor Total
396.00 2.94 1.1160
sound insulation for new walls
36 lf * 11' high * = 396 sf
29 09 91 23 00 0067 SF 1 Coat Primer, Brush/Roller Work, Paint Interior Plaster/Drywall Walls $1,448.57 Installation x x = 1,448.57
Quantity Unit Price Factor Total
2,200.00 0.59 1.1160
Primer for new paint for all wall in office room
30 09 91 23 00 0069 SF 2 Coats Paint, Brush/Roller Work, Paint Interior Plaster/Drywall Walls $2,921.69 Installation x x = 2,921.69
Quantity Unit Price Factor Total
2,200.00 1.19 1.1160
paint for all wall in office room
31 09 91 23 00 0136 SF 1 Coat Primer, Brush/Roller Work, Paint Interior Acoustical Ceiling $937.44 Installation x x = 937.44
Quantity Unit Price Factor Total
1,200.00 0.70 1.1160
repaint existing t-bar ceiling at room 1,2&3
32 09 91 23 00 0138 SF 2 Coats Paint, Brush/Roller Work, Paint Interior Acoustical Ceiling $1,700.78 Installation x x = 1,700.78
Quantity Unit Price Factor Total
1,200.00 1.27 1.1160
repaint existing t-bar ceiling at room 1,2&3
Subtotal for Section - 09 $33,744.12
Section - 10
10 22 23 23 0004 Partition, Portable, Divided Panel, Freestanding, Fiber Core, Fabric Face Straight, 3'-0" Long, 6' High
33 LF $764.15
Installation x x = 0.00
Quantity Unit Price Factor Total
0.00 345.72 1.1160
Demolition 72.00 x 9.51 x 1.1160 = 764.15
Remove and stockpile cubicle style partition
Subtotal for Section - 10 $764.15
Section - 12
3/6/2024
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 125263.00
FV - IT Office Upgrades
Section - 12
34 12 21 13 33 0003 SF 2" Slats, Vinyl Horizontal Louver Blinds $6,976.96 Installation x x = 6,554.58
Quantity Unit Price Factor Total
456.00 12.88 1.1160
Demolition 456.00 x 0.83 x 1.1160 = 422.38
Remove and install new 36" x8' blinds at 19 locations
3' x 8' x 19 = 456
Subtotal for Section - 12 $6,976.96
Section - 21
35 21 00 00 00 0001 EA Turnkey Pre-action system for FV IT offices $122,422.10 Installation x x = 122,422.10
Quantity Unit Price Factor Total
NPP
1.00 121,210.00 1.0100
Subtotal for Section - 21 $122,422.10
Section - 23
36 23 00 00 00 0000 EA Replacement of Liebert and Compu-Aire Stand-up 5 ton unit $52,940.16 Installation x x = 52,940.16
Quantity Unit Price Factor Total
NPP
1.00 52,416.00 1.0100
Subtotal for Section - 23 $52,940.16
Section - 26
37 26 05 19 13 0018 EA RJ-45, Telephone Fitting With Duplex Jack And Cover $383.01 Installation x x = 383.01
Quantity Unit Price Factor Total
4.00 85.80 1.1160
New Data Receptacle
26 05 19 16 0125 #12 AWG, Type THHN-THWN, 600 Volt, Underground Feeder And Branch Circuits, Single Stranded Copper Cable
38 MLF $3,699.32
Installation x x = 3,699.32
Quantity Unit Price Factor Total
4.00 828.70 1.1160
New Electrical cabling for Lights, Switches and Receptacles 26 09 23 00 0246 Dual Technology, Wall Switch Mounted, Wired Occupancy Sensor (Encelium DW-100-24)Excludes GB II cable.
39 EA $910.03
Installation x x = 910.03
Quantity Unit Price Factor Total
2.00 407.72 1.1160
New Occupancy sensor
40 26 27 26 00 0007 EA 20 Amperes, 2 Gang, NEMA 5-20, Duplex Receptacle Assembly $285.36 Installation x x = 285.36
Quantity Unit Price Factor Total
2.00 127.85 1.1160
new duplex receptacle
41 26 27 26 00 0190 EA 1,500 Watt Fluorescent Dimmer Switch $866.24 Installation x x = 866.24
Quantity Unit Price Factor Total
2.00 388.10 1.1160
New switch
42 26 51 19 00 0145 EA 2' x 4', 4,000 Lumens, Volumetric, Lay-In/Troffer LED Fixture (Lithonia 2VTL4) $5,160.27 Installation x x = 4,659.75
Quantity Unit Price Factor Total
10.00 417.54 1.1160
Demolition 10.00 x 44.85 x 1.1160 = 500.53
Remove and install new 2x4 lights
3/6/2024
Contractor's Price Proposal - Detail
Contractor's Price Proposal - Detail Continues..
Work Order Title:
Work Order Number: 125263.00
FV - IT Office Upgrades
Subtotal for Section - 26 $11,304.23
Section - 27
27 15 13 00 0498 4-Pair Solid UTP, 23 AWG, Category 6A, Indoor Telecommunications Plenum Cable, Installed In Conduit
43 MLF $9,915.66
Installation x x = 9,915.66
Quantity Unit Price Factor Total
4.00 2,221.25 1.1160
Cat 6a cables for new data receptacles
44 27 32 13 00 0034 EA RJ-11 Telephone Receptacle, Concealed Devices - Complete $118.79 Installation x x = 118.79
Quantity Unit Price Factor Total
2.00 53.22 1.1160
data receptacle
Subtotal for Section - 27 $10,034.45
Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$286,282.11
The Percentage of NPP on this Proposal: 61.26%
3/6/2024
Contractor's Price Proposal - Detail
Subcontractor Listing
125263.00
FV - IT Office Upgrades
IQC Master Contract #: CA-R8-GB01-123021-HCC
Work Order #:
Owner PO #:
Title:
Re:
Date: March 06, 2024
Proposal Value:
Contractor: Horizons Construction Co. Int'l, Inc.
$286,282.11
Name of Contractor Duties Amount %
No Subcontractors have been
selected for this Work Order
$0.00 0.00
6.00
3/6/2024
Subcontractor Listing
Job Order Contract
Contractor's Non-Prepriced Worksheet
Date:
Re:
SECTION ITEM UOM
Factor:
Quantity
Proposal Total:
Contractor Duties:
A.
DESCRIPTION
Unit Price:
Line Item Total:
% of Work Order Total:
Direct Labor Costs (Attach Schedule of Crew and Payroll Records) B. Direct Material Costs
(Attach 3 Quotes)
C. Direct Equipment Costs
(Attach 3 Quotes)
D. Allowable Overhead Cost (55%) = A x .55
E. Allowable Profit (10%) = (A+B+C) x .10
Subcontractor Duties:
F. Cost of Subcontractor to Contractor
(Attach 3 Quotes)
G. Contractor Allowance (5%) = F x .05
H. Contractor's Overhead for Subcontractor Costs
F x 0% for NPP tasks < 10% of Work Order Total
F x 7% for NPP tasks 10-20% of Work Order Total
F x 10% for NPP tasks > 20% of Work Order Total
Total Installed Price = (A+B+C+D+E+F+G+H)
Convert to Unit Price
Quotes
1 2
3 (Attached quotes from listed suppliers/subcontractors. A Justification Letter must be attached is 3 quotes are not furnished.)
$
$
$
$
$
$
$
$
$
$
$ -
$ -
42.34%
Save Lives. Save Property.
®
Date: September 20, 2023 BID NUMBER: LA1511834
Fountain Valley PD, Fountain Valley
10200 Slater Ave.
Fountain Valley, CA 92708
RE: TURNKEY PRE-ACTION SYSTEM PROPOSAL
Job Location: Improvements to Fountain Valley PD, Fountain Valley 10200 Slater Ave.
Fountain Valley, CA 92708
Thank you for your opportunity to provide our service.
We hereby submit our proposal for turnkey pre-action system to protect the IT room at the abovementioned project. Our proposal is based on the drawings provided at the time of bidding (Dated 11-15-2022).
Our price for the works described in this proposal is:
BASE BID, Lump sum $105,400.00
Further information relating to our offer including Scope of Work, Inclusions, Exclusions and Clarifications can be found within this proposal.
Should you have any questions or require further clarification, please do not hesitate to contact the undersigned.
Best Regards,
RADIX Fire Protection, Inc.
Steve Lee
Business Development
RADIX Fire Protection, Inc. | Construction Division
1769 E. 23rd Street
Los Angeles, CA 90058
Tel. +1 213 765 0384 Fax +1 213 765-3384
License #: 823302 C-10/C-16
www.radixfire.com
Bid Number: LA1511834
Job name: Improvements to Fountain Valley PD, Fountain Valley Scope of Work:
Description
Provide turnkey pre-action system to protect the IT room as follows:
Design, Engineering, shop drawing and approval of plancheck from City.
Price includes all city plan-check and permit fees.
Demo existing wet fire sprinkler six (6) heads & piping in IT room.
Fabrication & Installation of new pre-action fire sprinkler system to protect the IT room.
Provide Double interlock pre-action, electric/pneumatic release remote controlled system.
Provide Release Control Panel for pre-action sprinkler system.
Provide required smoke detector detection in pre-action system & panel area.
Provide connection to existing fire alarm system (final programming by existing fire alarm vendor).
Pendent sprinkler heads to be semi-recessed type with chrome escutcheon.
Provide required inspection by local fire department.
Provide main supply from existing riser, including all seismic bracings.
Provide concrete coring for our scope of work, as required.
Provide patch & fire caulking for all fire rated penetrations.
Provide allowance for six (6) ACT panel replacements.
Provide electrical power to our release panel.
Provide full supervision and project management as turn-key project.
Provide daily clean-up of work area.
NOTE: Customer to assist with coordinating SimplexGrinnell final alarm connection of our pre-action release panel (Budget of $2,000.00 included in our proposal).
Inclusions:
1) Proposal is based on NFPA-13 2016 edition and city having jurisdiction. 2) Radix Fire Protection, Inc. 1 year warranty. Void if work is modified by another vendor after completion date. 3) As-Built Drawing
4) Sales Tax and Freight
5) Work to be completed during normal working hours (M-F 7am to 4pm) 6) Price is based on prevailing wage.
Exclusions:
1) Any painting works.
2) Any system drain fee, if any.
3) Clean Agent Special Hazard System.
4) California Title-19 testing & inspection.
5) Fire Extinguisher/Cabinet (We can provide as extra upon quantity & type) 6) Performance & Payment bond.
7) Overtime/ Off hours
8) Work outside the scope of work including fixing existing defective conditions.
Special Conditions:
1) Customer to provide the complete set of building plans in pdf file and provide site, ceiling, floor, building section, structural framing and mechanical duct plans in CAD files. 2) No covering of sprinkler heads for other trades.
3) This bid is good for 30 days from the date issued. Written authorization must be received in our office prior to any work.
Test Disclaimer:
Radix Fire Protection, Inc. will have no responsibility and/or liability for any part of an existing system suffering or causing any damage whatsoever resulting from any test conducted by us at the contract signers’ request. Further, we will have no responsibility and/or liability for any other cause(s) or factors(s) whatsoever affecting any part of an existing system now or in the future.
CUSTOMER ACCEPTANCE:
In accepting this Agreement, Customer agrees to the terms and conditions contained herein including those on the following page(s) of this Agreement and any attachments or riders attached hereto that contain additional terms and conditions. It is understood that these terms and conditions shall prevail over any variation in terms and conditions on any purchase order or other document that the Customer may issue. Any changes inthe system requested by the Customer afterthe execution of this Agreement shall be paid for by the Customer and such changes shall be authorized inwriting. ATTENTION ISDIRECTEDTOTHE LIMITATION OFLIABILITY,WARRANTY, INDEMNITYAND OTHER CONDITIONS CONTAINED INTHIS AGREEMENT.
___________________________ ____________________________ ___________ Signature Print Name & Title Date
Bid Number: LA1511834
Job name: Improvements to Fountain Valley PD, Fountain Valley
TERMS AND CONDITIONS
This quotation and any exhibits and attachments hereto (collectively, “Agreement”) and any information contained herein, is the property of Radix Fire Protection, Inc. (“Company”) and shall constitute proprietary and confidential information unless given to a public entity and required by law to be public information. The party to whom this quotation is addressed (“Customer”) acknowledges the confidential nature of this Agreement and agrees to take all commercially reasonable and necessary precautions to ensure the confidential treatment of this Agreement and all information contained herein. This Agreement will not be used, copied, reproduced, disclosed or otherwise disseminated or made available, directly or indirectly, to any third party for any purpose whatsoever without the prior written consent of Company. The parties agree to be bound by the following terms and conditions.
1. Quotations and Acceptance. The quotation is based solely on the bid documents, which consist of the project drawings, specifications and/or instructions of the Customer only modified by written agreement or Company objection. Significant deviations between the actual conditions and circumstances of the work and those specified in the bid documents shall be cause for an adjustment in work scope, price and time allowed for performance. Written quotations shall be valid for no more than thirty (30) days from the date of issue, unless specifically stated otherwise herein. Customer may accept the quotation by signing and returning a copy to Company or by returning Customer’s own written instrument or order expressly acknowledging the quotation and terms set forth herein, provided, however, Company hereby gives notice of its objection to any different or additional terms or conditions contained or referenced in Customer’s order, which will be of no force or effect except as may be expressly agreed to by Company in writing. It is the intent of the parties that these Terms and Conditions of Sale shall govern the sale of goods delivered and services performed. Upon acceptance, this Agreement constitutes the entire understanding between the parties respecting the goods or services delineated herein and supersede all prior oral or written understandings or representations relating to such goods or services.
This Agreement may not be discharged, extended, amended or modified in any way except by a written instrument signed by a duly authorized representative of each party. Company assumes that the Subcontract Agreement offered will contain terms that are substantively similar to the AIA provisions that are in accordance with the provisions of the prime contract, including any supplements. Upon award, Company assumes that contract provisions will be reviewed and negotiated in good faith to reach a mutual acceptance of both parties.
2. Payment. Absent a contrary provision herein, Customer will pay Company as follows:
Monthly progress payments: Payment will be on a net thirty (30) days basis from date of invoice for materials delivered (or stored at an off-site storage facility) and services performed, less any retained reserve which will be mutually agreed upon in writing by the parties. The aggregate amount of any such retained reserves shall be paid by Customer to Company within thirty (30) days after the date of substantial completion. If Company provides a Certificate of Substantial Completion, such certificate shall conclusively establish such date.
All invoices due and payable to Company, less any applicable retained reserve, shall accrue interest at a compounded per annum rate not to exceed 1½% per month (18% per annum) or the maximum rate permitted by law. Acceptance and endorsement by Company of an instrument for less than the full amount which Company claims to be due shall not be deemed to be an admission of payment in full and any conditions to the contrary which are noted on such an instrument shall not be binding on Company. If Customer does not pay Company, through no fault of Company, within seven (7) days from the time payment was due, Company may, without prejudice to any other remedy it may have, upon seven (7) additional days’ written notice to Customer, stop its work until payment of the amount owing has been received and the contract sum shall be equitably adjusted for reasonable costs of shutdown, delay and startup or in the alternative Company may terminate this contract for material breach and all monies due Company for services performed and materials delivered shall be paid upon demand. Company shall be entitled to recover from Customer all costs for collection, including reasonable attorneys’ and professionals’ fees. To the extent payments are received and as required by law, and upon Customer’s request, Company will furnish mechanics lien waivers as the work progresses.
Company reserves a security interest in any goods sold to the extent of the invoiced amount to secure payment of Customer’s obligation. In event of payment default, Company may repossess such goods and a copy of the invoice may be filed with appropriate authorities as a financing statement to event or perfect Company’s security interest in the goods. At Company’s request, Customer will execute any necessary instrument to perfect Company’s security interest.
3. Standby Time: Customer will provide adequate notice of at least 10 business days prior to starting work under the Agreement. Customer shall not call Radix Fire Protection to job site unless the project is ready for installation. Customer agrees to compensate any expense incurred due to delay or improper scheduling or coordination of the work (collectively, “standby time”). Compensation will be reimbursed at expense at rate of $95 per hour, per man each, and additional mobilization minimum charge of $650 per mobilization.
4. Project Coordination: The Agreement includes attending certain number of meetings by Radix Fire Protection staff outline in our Specific Job Condition. Any additional meetings attended or any time spent by Radix Fire Protection staff related to the project during the project or after completion of the project, including but not limited to any time spent by the staff for litigation and or disputes, will be charged at the rate of $180.00 per man hour for a project coordinator and $285 per man hour for a project manager/administrator, for any time spent for the project related tasks, including, but not limited to phone calls, emails, correspondence, travel time, and review of revised building plans received, will be charged at the same rates noted above.
5. Design: Radix Fire Protection will provide our design of fire sprinkler piping/fire alarm (whichever is applicable) plans to Customer for review and approval prior to commencement of its work under the Agreement. It is Customer’s responsibility to have Plans reviewed by all pertinent parties for coordination with other trades, plans and specifications. Approved plans must be returned to Radix Fire Protection within one week of Customer’s receipt of the plans, for Radix Fire Protection to proceed with the work. If not returned on time, we will proceed with ordering of material and installation to meet construction schedule but all changes afterwards will still be Customer’s responsibility. Also, any changes after approval shall be charged extra. Radix Fire Protection reserves the right to substitute any material or design method noted in the Agreement and/or plans with an equivalent design or material, if the material is not readably available in the market or not approved by local code or if the design method is not practical or approved by local code. In addition, during the installation, Radix Fire Protection may amend the pipe routing and/or head location to accommodate job conditions or to comply with code.
6. Price and Taxes. The price for the goods and services hereunder are those shown on the face of this Agreement. The price of this Agreement does not include sales, use, excise, duties or other similar taxes, unless otherwise expressly provided herein. Any taxes (other than taxes due on Company’s net income) that are payable hereunder shall be the responsibility of Customer. If applicable, Customer shall provide Company a copy of any appropriate tax exemption certificate for the state(s) into which the goods are to be shipped.
7. Changes and Claims. All materials and labor furnished hereunder shall be in accordance with shop drawings submitted by Company and