August, 2022
Cover.doc
TECHNICAL SPECIFICATIONS
FOR
City of Manteca
Lovelace Transfer Facility
F2E/Food Waste Processing Facility
VOLUME 1 OF 2
PREPARED FOR
CITY OF MANTECA
DEPARTMENT OF PUBLIC WORKS
1001 W. CENTER STREET
MANTECA, CA 95337
ATTACHMENT 1
ATTACHMENT 1
ATTACHMENT 1
ATTACHMENT 1
August, 2022 TOC-1 F2E/Food Waste Processing Facility Bid Set
CITY OF MANTECA
Lovelace Transfer Facility
F2E/Food Waste Processing Facility
TECHNICAL SPECIFICATIONS
TABLE OF CONTENTS
DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS
OF THE CONTRACT
00020 INVITATION TO BID
00100 INSTRUCTIONS TO BIDDERS
00300 BID FORM
00410 BID GUARANTY BOND
00420 CERTIFICATION OF BIDDER'S EXPERIENCE AND QUALIFICATIONS 00430 PROPOSED SUBCONTRACTORS
00440 LOCAL BUSINESS ENTERPRISE (LOCAL VENDOR) PREFERENCE 00450 SITE VISIT AFFIDAVIT
00460 QUESTIONNAIRE
00470 NON COLLUSION AFFIDAVIT
00480 LIABILITY AND INSURANCE REQUIREMENTS
00490 DEPARTMENT OF INDUSTRIAL RELATIONS AND SB96 COMPLIANCE AFFIDAVIT 00500 AGREEMENT
00610 FAITHFUL PERFORMANCE BOND
00620 PAYMENT BOND
00630 WARRANTY BOND
00650 WORKERS' COMPENSATION INSURANCE CERTIFICATE
00700 GENERAL CONDITIONS
00805 SUPPLEMENTARY CONDITIONS
DIVISION 1 - GENERAL PROVISIONS
01110 SUMMARY OF WORK
01116 PROJECT MANUAL LANGUAGE
01140 WORK RESTRICTIONS
01324 PROGRESS SCHEDULES AND REPORTS
01329 SAFETY PLAN
01330 SUBMITTAL PROCEDURES
01350 SPECIAL PROCEDURES
01352 ALTERATION PROJECT PROCEDURES
01354 HAZARDOUS MATERIAL PROCEDURES
01424 ABBREVIATIONS
01428 IDENTIFICATION SYSTEMS
01450 QUALITY CONTROL
01500 TEMPORARY FACILITIES AND CONTROLS
01600 PRODUCT REQUIREMENTS
01612 SEISMIC DESIGN CRITERIA
01614 WIND DESIGN CRITERIA
01732 CUTTING AND PATCHING
01738 SELECTIVE DEMOLITION
01756 TESTING, TRAINING, AND FACILITY START-UP
01770 CLOSEOUT PROCEDURES
ATTACHMENT 1
CITY OF MANTECA
Lovelace Transfer Facility
F2E/Food Waste Processing Facility
TECHNICAL SPECIFICATIONS
TABLE OF CONTENTS
(Continued)
August, 2022 TOC-2 F2E/Food Waste Processing Facility Bid Set 01782 OPERATING AND MAINTENANCE DATA
DIVISION 2 - SITE CONSTRUCTION
Not Used
DIVISION 3 - CONCRETE
03055 EPOXY BONDING REINFORCING BARS AND RODS IN CONCRETE 03102 CONCRETE FORM WORK
03150 CONCRETE ACCESSORIES
03200 CONCRETE REINFORCEMENT
03300 CAST IN PLACE CONCRETE
03600 GROUTS
DIVISION 4 - MASONRY
Not Used
DIVISION 5 - METAL
05500 METAL FABRICATIONS
DIVISION 6 – WOOD AND PLASTICS
Not Used
DIVISION 7 - THERMAL AND MOISTURE
Not Used
DIVISION 8 – DOORS AND WINDOWS
NOT USED
DIVISION 9 - FINISHES
09960 HIGH PERFORMANCE COATINGS
DIVISION 10 - SPECIALTIES
10400 IDENTIFICATION DEVICES
ATTACHMENT 1
CITY OF MANTECA
Lovelace Transfer Facility
F2E/Food Waste Processing Facility
TECHNICAL SPECIFICATIONS
TABLE OF CONTENTS
(Continued)
August, 2022 TOC-3 F2E/Food Waste Processing Facility Bid Set DIVISION 11 - EQUIPMENT
Not Used
DIVISION 13 - SPECIAL CONSTRUCTION AND INSTRUMENTATION
Not Used
DIVISION 14 – CONVEYING SYSTEMS
Not Used
DIVISION 15 - MECHANICAL
15050 BASIC MECHANICAL MATERIALS AND METHODS
15052 BASIC PIPING AND MATERIALS
15061 PIPE SUPPORTS
15075 MECHANICAL IDENTIFICATION
15102 STAINLESS STEEL KNIFE GATE VALVES
15110 VALVES
15111 BALL VALVES
15115 GATE GLOBE, AND ANGLE VALVES
15120 PIPING SPECIALTIES
15252 STEEL PIPING
15255 STAINLESS STEEL PIPING AND TUBING
15956 PIPE SYSTEM TESTING
DIVISION 16 - ELECTRICAL
16010 ELECTRICAL REQUIREMENTS
16050 BASIC ELECTRICAL MATERIALS AND METHODS
16062 GROUNDING
16070 HANGERS AND SUPPORTS FOR ELECTRICAL SYSTEMS
16075 ELECTRICAL IDENTIFICATION
16123 600 VOLT OR LESS WIRES AND CABLES
16133 CONDUITS
16134 BOXES
16135 CABINETS AND ENCLOSURES
16140 WIRING DEVICES
16412 LOW VOTAGE CIRCUIT BREAKERS
16950 ELECTRICAL TESTING
ATTACHMENT 1
ATTACHMENT 1
August 2022 00020-1 City of Manteca
Bid Set F2E/Food Waste Processing Facility
SECTION 00020
INVITATION TO BID
F2E/FOOD WASTE PROCESSING FACILITY
(ESTIMATED CONSTRUCTION COST: $300,000)
SEALED BIDS will be received by the City Clerk of the City of Manteca at 1001 West Center Street, Manteca, California until 2:00 p.m., Thursday, October 20, 2022, for the F2E/Food Waste Processing Facility. As soon as practical thereafter, sealed bids for the project will be publicly opened and read for performing work as follows:
Furnish all labor, materials, equipment, and performing all work necessary and incidental to the construction of the project known as the F2E/Food Waste Processing Facility in according to the contract documents, inclusive of the plans and specifications. The Work includes the construction and installation of the following:
Electrical equipment and electrical installation of equipment, piping, valves, and supports.
Project shall have Substantial Completion of items within 90 calendar days and Final Completion within 100 calendar days from the date specified in the Notice to Proceed. Time for commencement and completion of the work is important. Time is of the essence in completing contract work in the specified number of calendar days.
A MANDATORY PRE-BID MEETING AND JOB WALK will be held as follows. All bidding General Contractors must attend one of the following meetings. Subcontractors may also attend:
1. DATE/TIME: Thursday October 6, 2022 at 1:30 p.m.
2. Questions will not be answered during the pre-bid meetings.
3. All questions must be submitted in writing and a response will be provided to all the Contractors on the City website. Follow up site visits will not be accepted in lieu of the mandatory pre-bid meeting attendance.
4. Unannounced site visits to the plant are not allowed.
5. Follow up site visits for detailed inspection of existing facilities by contractors or subcontractors may be scheduled after the pre-bid meetings. Staff will make facilities available for inspection but will not answer contractor questions. All questions must be submitted in writing and a response will be provided to all contractors by addendum. Follow up site visits will not be accepted in lieu of the mandatory pre-bid meeting attendance.
LOCATION: Start at the Maintenance Building parking lot of the Lovelace Materials Recovery Facility & Transfer Station, 2323 Lovelace Road, Manteca, CA 95336. Please sign in with the Engineer and receive further instructions.
ATTACHMENT 1
SECTION 00020
INVITATION TO BID
August 2022 00020-2 City of Manteca
Bid Set F2E/Food Waste Processing Facility
Notice: The Lovelace Transfer Facility is an active, operational facility. All attendees of the pre-bid meeting and all visitors must wear proper personal protection equipment (PPE), including high visibility vests, hard hats, and eye protection and closed toed work boots (no high-heeled shoes please).
The City of Manteca has contracted with ARC Northern CA. in Stockton (formally Stockton Blue) to reproduce and distribute the Contract Documents for this project. ARC in Stockton’s contact information is:
1421 N. El Dorado Street
Stockton, CA 95202
Phone: 209-464-8724
Fax: 209-464-8739
The cost of reproduction and delivery is to be calculated by ARC in Stockton, and charges are non-refundable whether or not the Contract Documents are returned. BIDDERS MUST
SUBMIT BIDS ON A HARD COPY OF THE BID PROPOSAL FORMS PROVIDED IN THE CONTRACT DOCUMENTS. All bids and required bid documents submitted must be bound into the hard copy bid package as described in the instructions to bidders.
Planholders lists and project information are available at the public planroom on the Internet at:
http://www.ci.manteca.ca.us/pwt/Engineering/ProjectInfo.aspx or
https://order.e-arc.com/arcEOC/PWELL_Main.asp?mem=23.
ATTACHMENT 1
SECTION 00020
INVITATION TO BID
August 2022 00020-3 City of Manteca
Bid Set F2E/Food Waste Processing Facility
Questions regarding the contract documents shall be submitted in writing to:
City of Manteca
Attention: Basalusalu, Peni
1001 West Center Street
Manteca, CA 95336
Email: [email protected] cc:([email protected] ) The City will post all bid-related questions and answers on its web site at:
http://www.ci.manteca.ca.us/pwt/Engineering/ProjectInfo.aspx Refer to this web address periodically as it will be updated with bid-related questions and answers until 2:00 p.m. on October 17, 2022. The questions and answers posted at the web address above shall form part of the Contract Documents.
All bids shall be submitted on a bound, full size, hard copy, of the bidding documents provided by ARC in Stockton or through PlanWell. The Contractor shall obtain a bound, full size, set of bidding documents from ARC in Stockton or through PlanWell to prepare his bid. No AutoCAD copies of bid documents will be provided for bidding.
Bidding procedures are prescribed in the contract documents shall be pursuant to Section 20170 et. seq., and 20162 Part 3, Chapter 1, Article 4 (Lowest Bidder) et. seq., of California Public Contracting Code. Bids shall only be executed upon the bound bid forms provided, which are a part of said contract documents. Bid security in an amount not less than ten percent (10%) of the total bid dollar amount and conforming to the prescribed bidding procedures is required to be submitted with each bid, as a guaranty to be forfeited should the bidder, if awarded the contract, fail to enter into the same, or fails to furnish in a timely manner the bonds and/or proof of insurance.
Pursuant to the provisions of California Labor Code Section 6707, each bid submitted in response to this Invitation to Bid shall contain, as a bid item, adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life and limb in trenches and open excavation, which shall conform to applicable safety orders. By listing this sum, the bidder warrants that its actions pursuant to this bid item shall not impose tort liability on the City, the Engineer, the Construction Manager, and their employees, agents, and subconsultants.
Pursuant to Section 1770, et. seq., of the California Labor Code, the successful bidder shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file and can be obtained from the Department of Industrial Relations.
Pursuant to Public Contract Code Section 22300, for moneys earned by the Contractor and withheld by the City of Manteca to ensure the performance of the Contract, the Contractor may, at its option, choose to substitute securities meeting the requirements of said Public Contract Code Section 22300.
All bidders shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code of the State of California to do the type of work contemplated in the project. In ATTACHMENT 1
SECTION 00020
INVITATION TO BID
August 2022 00020-4 City of Manteca
Bid Set F2E/Food Waste Processing Facility
accordance with provisions of California Public Contract Code Section 3300, the City has determined that the Contractor shall possess a valid Class A License issued by the California State Contractor’s Licensing Board, and demonstrate adequate experience in similar projects of similar size and quantity at the time that the bid is submitted. Failure to possess the specified license shall render the bid non-responsive.
The successful bidder shall furnish a Payment bond pursuant to California Civil Code 3247 et. seq., in the amount equal to one hundred percent (100%) of the Contract price. In addition, the successful bidder shall furnish a Faithful Performance Bond, in the amount equal to one hundred percent (100%) of the Contract price. All bonds submitted shall be from admitted sureties.
Each bidder shall submit with its bid a statement setting forth its experience on the forms included in the Bid Proposal.
Telephones will not be available to bidders for the preparation of the bids or for calling in bid results. Bid forms received after the designated time will not be accepted. Bidders and their authorized agents are invited to attend the bid opening.
No bidder may withdraw its bid for ninety (90) days after the date set for the opening of bids.
The successful bidder must insure that employees and applicants for employment are not discriminated against on the basis of age, color, race, national origin, ancestry, religion, sex, sexual preference, marital status, and comply with the Americans with Disabilities Act.
The City reserves the right to reject any or all bids; to make any awards or any rejections in what it alone considers to be in the best interest of the City; and waive any irregularities in the bids.
Each bid must be signed by or on behalf of the bidder and must be enclosed in a SEALED ENVELOPE or BOX with the following information on the outside:
1. Name and address of bidder
2. Project for which the bid is being submitted
3. Date and time of bid opening
The envelope or box shall be entitled South Plant Aeration Basin Optimization Project, and addressed to City of Manteca, City Clerk, 1001 West Center Street, Manteca, California 95337.
Dated: _____________________ City of Manteca
_______________________________________________________ Cassandra Candini-Tilton, Director of Legislative Services **END OF SECTION**
ATTACHMENT 1
August, 2022 00100-1 City of Manteca
Bid Set F2E/Food Waste Processing Facility
SECTION 00100
INSTRUCTIONS TO BIDDERS
1.00 WORK TO BE DONE
It is the intention of the City to construct improvements as shown and set forth on the plans, and in the particular locations shown on the plans. All of the work is particularly set forth in the plans and specifications, and all of said work, together with all other work incidental thereto, is included.
The work includes the furnishing of labor, materials, incidentals and equipment necessary for the construction of the F2E/Food Waste Processing Facility. The Bidder shall be required to provide, at its own cost and expense, all necessary insurance, as required by law or these specifications, and shall pay the cost and expense of any and all incidental matters herein required.
2.00 EXAMINATION OF CONTRACT DOCUMENTS
All bids shall be based on a bound, full size, hard copy, of the bidding documents provided through the public plan room or PlanWell at ARC in Stockton, California (ARC Stockton). The Contractor shall obtain a bound, full size, set of bidding documents from ARC Stockton to prepare his bid. No Autocad copies of bid documents will be provided for bidding.
Each bidder shall thoroughly examine and be familiar with the contract documents. The submission of a bid shall constitute an acknowledgment, upon which the City may rely, that the bidder has thoroughly examined and is familiar with the contract documents. The failure or neglect of a bidder to receive or examine any of the contract documents shall in no way relieve it from any obligation with respect to its proposal or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any contract documents.
3.00 INSPECTION OF SITE
Bidders are required to inspect the site of the work to satisfy themselves by personal examination or by such other means, as they may prefer, of the location of the proposed work, and of the actual conditions, including subsurface, of and at the site of work. If, during the course of its examination, a bidder finds facts or conditions which appear to be in conflict with the letter or spirit of the bidding documents, the Bidder shall apply to the City, in writing, for additional information and explanation on or before the close of the question period.
Submission of a bid by the bidder shall constitute conclusive evidence that, if awarded the Contract, it has relied and is relying on its own examination of (1) the site of the work, (2) access to the site, (3) all other data and matters requisite to the fulfillment of the work and on its own knowledge of existing facilities on and in the vicinity of the site of the work to be constructed under the Contract, (4) the conditions to be encountered, (5) the character, quality and scope of the proposed work, (6) the quality and quantity of the ATTACHMENT 1
SECTION 00100
INSTRUCTION TO BIDDERS
August, 2022 00100-2 City of Manteca
Bid Set F2E/Food Waste Processing Facility
materials to be furnished, and (7) the requirements of the bid, the plans, the specifications, and the other contract documents.
The information provided by the City is not intended to be a substitute for, or a supplement to the independent verification by the bidder to the extent such independent investigation of site conditions is deemed necessary or desirable by the bidder. Bidders shall complete the form in Section 00450, Site Visit Affidavit, and submit with their Bid.
4.00 INTERPRETATION OF CONTRACT DOCUMENTS
No oral representations or interpretations will be made to any bidder as to the meaning of the contract documents. Requests for an interpretation shall be made in writing, and received on or before the close of the question period, to:
City of Manteca
Attention: Basalusalu, Peni
1001 West Center Street
Manteca, CA 95336
Email: [email protected]
Requests to clarify possible ambiguous or incomplete statements or designs require issuance of an addendum by the City for the interpretation to become effective. All requests for clarifications shall be made in writing.
5.00 POSTPONEMENT OF OPENING
The City reserves the right to postpone the date and time for receiving and/or opening of bids at any time prior to the date and time established in the Invitation to Bid.
Postponement notices shall posted to the following City Website in the form of an addendum.
http://www.ci.manteca.ca.us/pwt/Engineering/ProjectInfo.aspx
6.00 OPENING OF BIDS
All bids, irrespective of any irregularities or informalities, if received on time, will be opened and publicly read aloud at the time and place set forth in the Invitation to Bid.
Bidders, their representatives and other interested persons may be present at the opening and reading of bids.
Any bids received after the scheduled closing time as set forth in the Invitation to Bid or as postponed by addenda will be considered non-responsive and will not be opened. Any such bids will be returned unopened to the Bidder. The public reading of each bid will include at least the following:
A. Name and address of bidder.
B. The total amount of bid.
C. The nature and amount of the security furnished with the bid.
ATTACHMENT 1
SECTION 00100
INSTRUCTION TO BIDDERS
August, 2022 00100-3 City of Manteca
Bid Set F2E/Food Waste Processing Facility
7.00 PREPARATION OF BID FORMS
Bid shall be made on the bound bid forms provided in the contract documents and must be submitted at the time and place stated in the Invitation to Bid. All blanks in the bid forms must be appropriately filled in either in ink or typed, and all prices must be stated in figures. All bid forms must be submitted in sealed envelopes bearing on the outside the name of the bidder, its address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that its bid is received in proper time. Any bid received after the scheduled closing time for receipt of bids will be returned to the bidder unopened. City shall not be responsible for errors or omissions in the bid. Bidders shall write their names on each bid form at the space provided.
To ensure submittal of a complete bid, bidders are required to include all bid forms, Addenda, and Q&A responses, in bound contract documents and specifications submitted at the time of bid. Bid package shall be spiral bind, comb bind, or three hole punch with binder. Addenda, Q&A sheets, surety forms, and other loose documents shall be bound into the documents behind the front cover. The bid forms, should be filled out on the original bound document or stapled to the appropriate bid sheet. Paper clips and other clips are not acceptable. Loose papers of any kind are not acceptable.
8.00 BIDDER'S SIGNATURE AND AUTHORITY
If the bid is made by an individual, this person's name, signature, and post office address must be shown; if made by a firm or partnership, the name and post office address of the firm or partnership, a list of the general partners, and the signature of at least one of the general partners must be shown, if made by a corporation, the bid shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation, and the title of the person who signs on behalf of the corporation. If the bid is made by the corporation, a certified copy of the bylaws or resolution of the Board of Directors of the corporation shall be furnished showing the authority of the officer or agent signing the bid to execute Contracts on behalf of the corporation. If the bid is made by a joint venture, the bid shall be signed by a representative of one of the joint venture firms. Additionally, the bid shall include a copy of the resolution or agreement empowering the representative to execute the bid and bind the joint venture.
9.00 ERASURES AND CORRECTIONS
The bid submitted must not contain any erasure, interlineations, or other corrections unless each such correction is suitably authenticated by affixing, in the margin immediately opposite the correction, the initials of the person or persons submitting the bid.
10.00 BID IRREGULARITIES
Changes in or additions to the bid form, recapitulations of the work bid upon, alternative bids, omissions, or any other modifications of the bid form which are not specifically called for in the contract documents may result in rejection of the bid by the City, as not being responsive to the Invitation to Bid. No oral or telephonic modification of any bid submitted will be considered.
ATTACHMENT 1
SECTION 00100
INSTRUCTION TO BIDDERS
August, 2022 00100-4 City of Manteca
Bid Set F2E/Food Waste Processing Facility
11.00 MODIFICATION OF BID
On written request filed with the City, a bid already received may be modified or withdrawn at any time prior to the time established for receiving bids. The request must be executed by the bidder or its authorized representative as described in Paragraph 00100-8.00, Bidder’s Signature and Authority. Modifications shall be made in writing, executed, and submitted in the same form and manner as the original bid. Withdrawal of a bid does not prejudice a bidder's right to submit a new bid within the time designated for the submission of bids. No bid may be withdrawn after the scheduled closing time except as provided in Paragraph 00100-12.00, Withdrawal of Bids.
12.00 WITHDRAWAL OF BIDS
In accordance with Public Contract Code 5103, within five days after the opening of bids, a bidder may withdraw its bid providing the bidder can establish to the City's satisfaction that a mistake was made in preparing the bid. A bidder desiring to withdraw shall give written notice to the City, specifying, in detail, how the mistake occurred and how the mistake made the bid materially different than it was intended to be. Withdrawal will not be permitted for mistakes resulting from errors in judgment or carelessness in inspecting the site of the work or in reading the contract documents.
13.00 ADDENDA
Addenda issued during the time of bidding shall become a part of the documents furnished bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the Contract. Each bid shall include specific acknowledgment in the space provided of receipt of all Addenda issued during the bidding period. Failure to so acknowledge may result in the bid being rejected as not responsive. Failure of any bidder to receive such Addenda shall justify for non-compliance by the Bidder with the terms of the instructions.
14.00 BID PRICES
Bid prices shall include everything necessary for the completion of the work including but not limited to providing the materials, equipment, tools, plant and other facilities, and the management, superintendence, labor and services. Bid prices shall include allowance for all federal, state and local taxes.
In the event of a difference between a price quoted in words and a price quoted in figures for the same quotation, the words shall be the amount bid. In the event that the product of a unit price and an estimated quantity does not equal the extended amount quoted, the unit price shall govern, and the correct product of the unit price and the estimated quantity shall be deemed to be the amount bid. If the sum of two or more items in a bidding schedule does not equal the total amount quoted, the individual item amounts shall govern and the correct total shall be deemed to be the amount bid.
The award of contract, if it is awarded, will be awarded to the lowest responsive, responsible Bidder whose proposal complies with all the requirements prescribed.
ATTACHMENT 1
SECTION 00100
INSTRUCTION TO BIDDERS
August, 2022 00100-5 City of Manteca
Bid Set F2E/Food Waste Processing Facility
15.00 BID GUARANTY
The bid form shall be accompanied by a bid guaranty bond provided by an admitted surety insurer authorized to carry on business in the State of California with a minimum A - Class IV rating with Best's Rating Guide for payment to the City or meeting the following minimum requirements:
If the Best's Rating for any surety company who has furnished a bid guaranty for the bidder is less than A - Class IV and/or not Treasury Rated, bidder may be required to, within 5 working days of bid opening, submit to the City an original or certified copy of each of the following documents for each surety company which has furnished a bid guaranty for that bidder:
1. Appropriate authorization of the signatory to execute each bid guaranty.
2. A certificate of authority issued by the State Insurance Commissioner.
3. A certificate from the County Clerk that the above certificate is not ineffective; and
4. The surety company's financial statement for the prior quarter as specified in Section 995.670 of the California Code of Civil Procedure.
Simultaneously with the submission of the documents described in the preceding paragraphs, the bidder shall also submit an affidavit or declaration, under penalty of perjury under the laws of the State of California, demonstrating the following facts for each bid guaranty submitted or to be submitted on the bidder's behalf.
1. That the surety company's assets exceed its liabilities by more than the amount of the bid guaranty or guaranties submitted on the bidder's behalf, and
2. That in issuing the bid guaranty or guaranties submitted on the bidder's behalf, the surety company shall be in full compliance with California Insurance Code Section 12090, supported by appropriate references to the surety company's most recent financial statement on file in the office of the State Insurance Commissioner.
Any bidder wishing to object to the sufficiency of any surety company used by another bidder shall comply fully with the provisions of Section 995.650 of the California Code of Civil Procedure.
The bid guaranty bond shall be in the sum of at least ten (10) percent of the total amount of the bid price, or, alternatively, by a certified or cashier's check, payable to the City in the sum of at least ten (10) percent of the total amount of the bid price. The bid guaranty bond shall be provided on the form included in Section 00410, Bid Guaranty Bond, of these contract documents.
The amount payable to the City under the bid guaranty bond, or the certified or cashier's check and the amount thereof, as the case may be, shall be forfeited to the City as liquidated damages in case of a failure or neglect of the bidder to furnish, execute, and deliver to the City the required performance and payment bonds, evidences of insurance, and to enter into, execute, and deliver to the City the Agreement on the form provided herewith, within ten (10) calendar days after receiving written notice from the City that the award has been made and the Agreement is ready for execution.
ATTACHMENT 1
SECTION 00100
INSTRUCTION TO BIDDERS
August, 2022 00100-6 City of Manteca
Bid Set F2E/Food Waste Processing Facility
The bid guarantees of the three lowest bidders will be retained until the Agreement is signed, evidence of insurance provided, and satisfactory bonds furnished or other disposition made thereof. The bid guarantees of all bidders except the three lowest responsive bids will be returned within fifteen (15) calendar days after the bids are opened.
16.00 QUALIFICATION OF BIDDER
Each bidder shall complete and submit with their bid Section 00420, Certification of Bidder’s Experience and Qualifications.
Upon the request of City, any bidder whose bid is under consideration for the award of the Contract shall promptly submit satisfactory evidence showing the bidder's financial resources, its construction experience, and its organization's availability for the performance of the Contract.
The bidder may be required to establish, to the satisfaction of the City, the reliability and responsibility and experience of the persons or entities proposed to furnish and perform the work described in the contract documents.
17.00 SUBCONTRACTORS
In accordance with California Public Contracting Code Section 4100, et. seq., the bidder shall list, in Section 00430, Proposed Subcontractors, the name, portion of work to be performed, and location of the place of business for the following.
Each Subcontractor who will perform work or labor or render service to the bidder in or about the construction of the work or improvement, in an amount in excess of one-half of one percent of the bidder's total bid,
Any Subcontractor licensed by the State of California who, under subcontract to the bidder, will specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the bidder's total bid.
Failure to list Subcontractors defined in subparts 1) and 2) above will render the bid non-responsive and will be grounds for rejection of the bid. Failure to comply with the provisions of the California "Subletting and Subcontracting Fair Practices Act" shall make the Contractor subject to the sanctions as set forth in the Act.
18.00 SUBSTITUTIONS DURING BIDDING
Manufacturers or suppliers of materials and equipment may offer an alternative product to the Contractor and request that alternatives to specified products be considered equal.
Inclusion of such alternatives in the bid is the responsibility of the Contractor. Inclusion should only be considered if the Contractor believes the offered alternative is equal in quality and performance to the specified product. After award of the Contract, such offers of alternative products will be reviewed and processed as a substitution as provided under Section 00700, Standard General Conditions of the Construction Contract.
ATTACHMENT 1
SECTION 00100
INSTRUCTION TO BIDDERS
August, 2022 00100-7 City of Manteca
Bid Set F2E/Food Waste Processing Facility
19.00 BIDDERS INTERESTED IN MORE THAN ONE BID
No person, firm, or corporation, under the same or different name, shall make, file, or be interested in more than one bid for the same work unless alternate bids are called for.
Pursuant to Public Contract Code Section 7106, bidders shall execute and furnish with their bids Section 00470, Non-Collusion Affidavit. Reasonable grounds to believe that any individual, partnership, corporation, or combination is interested in more than one bid for the proposed work may cause rejection of all bids in which that individual, partnership, corporation, or combination is interested, A person, firm, or corporation may, however, submit subproposals or quote prices on materials to more than one bidder.
20.00 SHEETING, SHORING AND BRACING
Pursuant to the provisions of California Labor Code Section 6707, each bid submitted shall contain, in the bid item indicated, the amount included in the bid for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life and limb in trenches and open excavation, which shall conform to applicable safety orders. By listing this sum, the bidder warrants that its actions pursuant to this bid item shall not impose tort liability on the City, the Designer, the Construction Manager, or their employees, agents, and subconsultants.
Pursuant to California Labor Code Section 6705, the Contractor shall submit a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a Registered Civil or Structural Engineer.
21.00 WAGE RATES
Pursuant to provisions of the Labor Code Section 1770, et. seq., of the State of California, the Director of the Department of Industrial Relations has ascertained the prevailing rate of wages of the locality in which the Work is to be performed and applicable to the work to be done. Prevailing wage for each job category shall be as published by the Department of Industrial Relations at the time of project work.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Bidders shall complete the form in Section 00490, Department of Industrial Relations and SB 96 Compliance Affidavit, and submit with their bid.
Bidders shall complete the form in Section 00480, Liability and Insurance Requirements, and submit with their Bid.
No Contractor or Subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 [with limited exceptions form this requirement for bid purposes only under Labor code section 1771.1(a)]
ATTACHMENT 1
SECTION 00100
INSTRUCTION TO BIDDERS
August, 2022 00100-8 City of Manteca
Bid Set F2E/Food Waste Processing Facility
No Contractor or Subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5
The Contractor shall post job site notices prescribed by regulation.
All Contractors and Subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement)
22.00 OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS
As provided by Section 7103.5, of the California Public Contract Code, in entering into a public works contract or subcontract, the Contractor or Subcontractor offers and agrees to assign to the City all rights, title and interest in, and all causes of action it may have under Section 4 of the Clayton Act (15 U. S.C. Section 15) or under the Cartwright Act (Chapter 2) commencing with Section 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. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties.
23.00 ASSIGNMENT OF CONTRACT
Any attempted assignment by the Contractor of any contract to be entered into hereunder, or any part thereof, or of funds to be received thereunder by the Contractor, is void unless such assignment has had prior written approval of City and the Surety has been given due notice of such assignment in writing and has consented thereto in writing.
24.00 REJECTION OF BIDS
The City reserves the right, at its sole discretion, to reject any and all bids and further reserves the right to reject any bids which are: a) non-responsive (e.g.: bids which are incomplete, obscure, or irregular-, bids which omit a bid on any one or more items on which the bids are required, bids which are unbalanced-, bids accompanied by insufficient or irregular bid guaranties), b) any bids from bidders who have previously failed to perform properly or to complete on time contracts of any nature with the City; or c) any bid which fails to provide satisfactory documentation of the bidder's qualifications as required by Section 00100-16.00, Qualification of Bidder. The City reserves the right to waive minor irregularities that may be deemed by the City as inconsequential to the bid, execution of an agreement, and the performance of the work.
25.00 BONDS AND INSURANCE
The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Payment Bond on forms provided by the City in an amount equal to one hundred percent (100%) of the Contract Price, a Faithful Performance Bond in an amount equal to one hundred percent (100%) of the Contract Price, the Workers Compensation Insurance Certificate, and evidences of insurance. Said insurance and bonds shall only use the forms attached and shall be secured from a surety company satisfactory to City with a minimum A -Class IV rating with Best's Rating Guide or meeting the following minimum requirements:
ATTACHMENT 1
SECTION 00100
INSTRUCTION TO BIDDERS
August, 2022 00100-9 City of Manteca
Bid Set F2E/Food Waste Processing Facility
If the Best's Rating for any surety company from which the bidder intends to procure the payment bond, performance bond, or both, is less than A - Class IV and/or not Treasury Rated, bidder may be required to, within 5 working days after bid opening, submit to the City an original or certified copy of each of the following documents for each surety company from which the bidder intends to procure such bond or bonds:
1. Appropriate authorization of the signatory to execute each bond.
2. A certificate of authority issued by the State Insurance Commissioner.
3. A certificate from the County Clerk that the above certificate is not ineffective; and
4. The surety company's financial statement for the prior quarter as specified in Section 995.670 of the California Code of Civil Procedure.
Simultaneously with the submission of the documents described in the preceding paragraphs, the bidder shall also submit an affidavit or declaration, under penalty of perjury under the laws of the State of California, demonstrating the following facts for the bond or bonds submitted or to be submitted on the bidder's behalf
1. That the surety company's assets exceed its liabilities by more than the amount of the bond or bonds submitted on the bidder's behalf, and
2. That in issuing the bond or bonds submitted on the bidder's behalf, the surety company shall be in full compliance with California Insurance Code Section 12090, supported by appropriate references to the surety company's most recent financial statement on file in the office of the State Insurance Commissioner.
Any bidder wishing to object to the sufficiency of any surety company used by another bidder shall comply fully with the provisions of Section 995.650 of the California Code of Civil Procedure.
The form of Agreement, as provided in Section 00500, Agreement, which the successful bidder as the Contractor will be required to execute, and the forms of bonds as provided in Sections 00610, Faithful Performance Bond and 00620, Payment Bond, which it will be required to furnish, shall be carefully examined by the bidder. The Faithful Performance Bond is to secure the faithful performance of the Contract, and the Payment Bond is to secure the payment of those to whom the bidder may become legally indebted for labor, materials, tools, equipment, or services of any kind used or employed by the bidder in performing the work.
26.00 AWARD OF CONTRACT
Within ninety (90) calendar days after the time of opening of the bids, the City will act either to accept a bid, to reject all bids or with the consent of the bidders and their sureties to extend the time in which the City may act. The acceptance of a bid will be evidenced by a Notice of Award of Contract in writing, delivered in person or by certified mail to the bidder whose bid is accepted. No other act of City will constitute acceptance of a bid.
The issuance of a Notice of Award of Contract shall obligate the bidder whose bid is ATTACHMENT 1
SECTION 00100
INSTRUCTION TO BIDDERS
August, 2022 00100-10 City of Manteca
Bid Set F2E/Food Waste Processing Facility
accepted to furnish performance and payment bonds and evidences of insurance, and to execute the Agreement in the form set forth in the contract documents. The Agreement will require the completion of the work according to the contract documents.
If award is made, it will be based on the lowest responsive, responsible bid that is also in conformance with the requirements of the City of Manteca Local Business Enterprise (Local Vendor) Preference. A copy of this City Policy is attached to these Instructions to Bidders and the Local Business Enterprise form shall be submitted by the General Contractor with all bids.
27.00 EXECUTION OF CONTRACT
The Agreement shall be executed by the successful bidder and returned, together with the Contract bonds and evidences of insurance, within fifteen (15) days after receiving written Notice of the Award of the Contract. Time is of the essence in this regard. After execution by City, one copy of the Agreement shall be returned to the Contractor.
Failure or refusal to enter into a Contract as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for annulment of the award and the forfeiture of the proposal guaranty. If the successful bidder refuses or fails to execute the agreement, the City may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the agreement, the City may award the contract to the third lowest responsible bidder. On the failure or refusal of such second or third lowest bidder to execute the agreement, such bidder's guarantees shall be likewise forfeited to the City. The work may then be readvertised.
28.00 CONSTRUCTION DOCUMENTS
Within five (5) days after the execution of the Agreement by the City, the City will furnish the Contractor five copies of the Specifications, full and, if available, half-size plans. The Contractor may obtain additional copies from ARC Stockton. **END OF SECTION**
ATTACHMENT 1
August, 2022 00300-1 City of Manteca
Bid Set F2E/Food Waste Processing Facility
SECTION 00300
BID FORM
DATE:
1.00 Enter Into Agreement
The undersigned, as bidder, declares that we have received and examined the Contract Documents entitled F2E/Food Waste Processing Facility and will contract with the City, on the form of Agreement provided herewith, to do everything required for the fulfillment of the Contract Document for the construction of the City of Manteca F2E/Food Waste Processing Facility at the prices and on the terms and conditions herein contained. Basis of determination of the low bidder shall be the low bid listed in the bid schedule.
2.00 Bidder Accepts
Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including, without limitation, those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for the period specified for Notice of Award after the day of Bid opening. Bidder will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of Owner's Notice of Award.
3.00 Bidder's Representations
In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:
a. Bidder has examined and carefully studied the Bidding Documents and the Addenda.
We acknowledge that the following addenda numbers have been received and have been examined as part of the Contract Documents.
Addenda No. Date Received Initials
b. Bidder has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work.
ATTACHMENT 1
SECTION 00300
BID FORM
August, 2022 00300-2 City of Manteca
Bid Set F2E/Food Waste Processing Facility
c. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. d. Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Technical Specification and in Paragraph 4.02.A. of the General Conditions.
Bidder accepts the determination set forth in Paragraph SC-4.02. of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which Bidder is entitled to rely as provided in Paragraph 00700-4.02. of the General Conditions.
Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes.
Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the site. e. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto.
Bidder does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents.
f. Bidder is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents.
g. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.
h. Bidder has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies in the Contract Documents and the written resolution thereof by Engineer is ATTACHMENT 1
SECTION 00300
BID FORM
August, 2022 00300-3 City of Manteca
Bid Set F2E/Food Waste Processing Facility
acceptable to Bidder, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.
Where conflicts, errors, ambiguities or discrepancies have been discovered in or between Contract Documents and/or other related documents, and where said conflicts, etc., have not been resolved through the interpretations or clarifications by Engineer as described in the Instructions to Bidders, because of insufficient time or otherwise, Bidder has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost.
i. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.
ATTACHMENT 1
SECTION 00300
BID FORM
August, 2022 00300-4 City of Manteca
Bid Set F2E/Food Waste Processing Facility
4.00 Bid Prices
Measurement and Payment requirements for Unit Price items are presented in the applicable technical sections of the specifications. Bidder will complete the Work in accordance with the Contract Documents for the following prices(s). for :
BID SCHEDULE
Bid
Item
Description Estimated
Quantities
Unit
Price Unit Extended Price
1 Mobilization, submittals, bonds, licenses, permits,
fees, and insurance (maximum of 4% of total bid
amount)
---- LS $
2 Temporary facilities, temporary power, traffic
control, and protection of the work ---- LS $
3 Disposal of excess earthwork materials on site. ---- LS $ 4 Installation of Concrete Pipe Support Bases ---- LS $ 5 Installation and repair of all other miscellaneous
concrete. ---- LS $
6 Installation of all FW piping, hoses, valves, and
supports at all locations ---- LS $
7 Installation of all other miscellaneous water, air,
and equipment piping, hose, and supports at all
locations.
---- LS $
8 Installation of all conduit and electrical
connections to all Owner supplied equipment,
pumps, and electrical instrument and devices.
---- LS $
9 Installation of all electrical conduit, pull boxes, and supports. ---- LS $
10 Installation of all electrical wiring, terminations, and labeling. ---- LS $
11 Preparation of interconnects drawings and As-built
interconnection drawings for all new work. ---- LS $
12 Assistance with mechanical equipment testing and
startup. ---- LS $
ATTACHMENT 1
SECTION 00300
BID FORM
August, 2022 00300-5 City of Manteca
Bid Set F2E/Food Waste Processing Facility
Bid
Item
Description Estimated
Quantities
Unit
Price Unit Extended Price
13 Electrical equipment testing, wire testing, and
other specified tests for all new or modified
equipment.
---- LS $
14 Miscellaneous items specified or indicated
elsewhere but not listed above. ---- LS $
15 Demobilization, warranty paper work, and project
closeout (minimum of 1%). ---- LS $
TOTAL BID FOR ALL UNIT PRICES
(use words)
($ )
(use figures)
ATTACHMENT 1
SECTION 00300
BID FORM
August, 2022 00300-6 City of Manteca
Bid Set F2E/Food Waste Processing Facility
5.00 Attached Documents
We agree that the following shall be attached hereto and made a part of this bid.
SECTION TITLE
00410 Bid Guaranty Bond
00420 Certification of Bidder’s Experience and Qualifications 00430 Proposed Subcontractors
00440 Local Business Enterprise Form
00450 Site Visit Affidavit
00460 Questionnaire
00470 Non-Collusion Affidavit
00480 Liability Insurance Acknowledgement
00490 DIR SB96 Compliance Affidavit
6.00 Completion
We agree, if our bid is accepted and a Contract for Performance of the Work is entered into with the City, to so plan work and to prosecute it with such diligence that the work shall be completed within the time stipulated.
If our bid is accepted, we agree to sign the Agreement without qualifications and to furnish the performance and payment bonds and the required evidences of insurance within 15 calendar days after receiving written Notice of Award of the Contract.
Attached is a bid guaranty bond as required.
Name of Bidder
ATTACHMENT 1
SECTION 00300
BID FORM
August, 2022 00300-7 City of Manteca
Bid Set F2E/Food Waste Processing Facility
7.00 Contractor’s License and Address for Communications The undersigned certifies that the undersigned holds California Contractor’s License, Class ________, number __________________, expiration date __________________.
Name of Bidder
Signature of Bidder
Title of Signator
Address of Bidder
Witness
Title of Witness State of Incorporation
Phone Number
FAX Number
**END OF SECTION**
ATTACHMENT 1
ATTACHMENT 1
August, 2022 00410-1 City of Manteca
Bid Set F2E/Food Waste Processing Facility
SECTION 00410
BID GUARANTY BOND
(To be submitted with bid)
The attached form shall be turned in with the bid as the Bid Guaranty Bond with the form signed and notarized by the surety. Alternately, the bidder may submit the following forms of bidder’s security:
a. Cash
b. A cashier’s check made payable to the City.
c. A certified check made payable to the City.
If a bid guaranty bond is submitted on a form other than that provided herein, then the alternate bid guaranty bond must meet all the requirements of the form provided herein. If the alternate bid guaranty bond is not acceptable to the City, then the bid may be subject to rejection. The City shall be the sole judge as to whether the alternate bid guaranty bond form is acceptable.
ATTACHMENT 1
SECTION 00410
BID GUARANTY BOND
August, 2022 00410-2 City of Manteca
Bid Set F2E/Food Waste Processing Facility
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WE, _____________________ AS PRINCIPAL, AND __________________ AS SURETY, are held and firmly bound unto the City of Manteca in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Manteca for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made to the City of Manteca to which said bid was submitted, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents, in no case shall the liability of the surety hereunder exceed the sum of $____________________.
THE CONDITION OF THIS OBLIGATION IS SUCH
THAT WHEREAS, the Principal has submitted the above-mentioned bid to the City of Manteca, aforesaid, for certain construction specifically described as follows, for which bids are to be opened at ___________________________.
FOR:____________________________________
NOW, THEREFORE, if the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented for signature, the Principal enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City of Manteca, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, and provide certificate of insurance coverage required by the contract documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect, and the surety shall pay said penal sum of City of Manteca on demand.
IN WITNESS WHEREOF, we have hereunto set our hand on this _____ day of ________, 20_____.
Title of Signator (seal) Title of Signator (seal)
Signature of Principal Signature of Surety
Best Rating:
Address: Address:
Note: Signatures of those executing for the surety must be properly acknowledged. **END OF SECTION**
ATTACHMENT 1
SECTION 00420
CERTIFICATION OF BIDDER’S EXPERIENCE AND QUALIFICATIONS August, 2022 00420-1 City of Manteca
Bid Set F2E/Food Waste Processing Facility
SECTION 00420
CERTIFICATION OF BIDDER’S EXPERIENCE AND QUALIFICATIONS
1.00 QUALIFICATIONS
By signing in the area indicated below, the Bidder acknowledges and certifies the following:
A. The Bidder – at the time of bidding, award, and throughout the period of the contract – shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California, to do the type of work contemplated in the contract documents. In accordance with Public Contract Code Section 20103.5, any Bidder not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractor's State License Board.
B. The Bidder is skilled and regularly engaged in the general class and type of work called for in the contract documents.
C. The Bidder is competent, knowledgeable, and has special skills required for the nature, extent, and inherent conditions of the work to be performed.
D. The Bidder acknowledges that there may be certain peculiar and inherent conditions existent in the construction of the particular facilities which may create, during the construction program, unusual or peculiar unsafe conditions hazardous to persons and property. Bidder expressly acknowledges that it is aware of such peculiar risks and that it has the skill and experience to foresee and to adopt protective measures to adequately and safely perform the construction work with respect to such hazards.
E. The Bidder shall retain specialized Subcontractors whose experience and qualifications meet the requirements specified herein. Proposed Subcontractors shall be listed in Section 00430, Proposed Subcontractors. Documentation of specialized subcontractors’ experience and qualifications shall be submitted by the Bidder with completed bid documents.
2.00 CONTRACTOR EXPERIENCE AND QUALIFICATION REQUIREMENTS (To be submitted with bid)
A. General Experience – General Contractor or subcontractor, shall have had a minimum of two similar size or larger projects with process piping and electrical installation in the past 2 years at municipal wastewater treatment, water plant, or solid waste processing facility.
ATTACHMENT 1
SECTION 00420
CERTIFICATION OF BIDDER’S EXPERIENCE AND QUALIFICATIONS August, 2022 00420-2 City of Manteca
Bid Set F2E/Food Waste Processing Facility
1. Contractor or Subcontractor Name: __________________________________________ Project Name: ___________________________________________________________ Owner: _________________________________________________________________ Equipment and Piping: ____________________________________________________ Construction Cost: ________________________________________________________ Construction Change Orders, number/total dollars: ______________________________ Owner’ Representative: ____________________________________________________ Owner’s Telephone No.: (_____) ____________________________________________ Date of Substantial Completion: _____________________________________________
2. Contractor or Subcontractor Name: __________________________________________ Project Name: ___________________________________________________________ Owner: _________________________________________________________________ Equipment and Piping: ____________________________________________________ Construction Cost: ________________________________________________________ Construction Change Orders, number/total dollars: ______________________________ Owner’ Representative: ____________________________________________________ Owner’s Telephone No.: (_____) ____________________________________________ Date of Substantial Completion: _____________________________________________ Signed this day of , 20____.
Signature of Bidder Name of Bidder
Title of Signator Contractor's License No.
Expiration Date
**END OF SECTION**
ATTACHMENT 1
August, 2022 00430-1 City of Manteca
Bid Set F2E/Food Waste Processing Facility
SECTION 00430
PROPOSED SUBCONTRACTORS
(To be submitted with bid)
Pursuant to California Public Contracting Code, Section 4100 et. seq., the following list gives the name, business address, and portion of work (description of work to be done) for each subcontractor that will be used in the work if the bidder is awarded the Contract. (Additional supporting data may be attached to this page. Each page shall be sequentially numbered, and headed "Proposed Subcontractors" and shall be signed.)
Name CLSB License
Number
Description of Work % of Work 1Status
Name of Bidder
1 Status M = Minority Owned Business Enterprise.
W = Women Owned Business Enterprise.
**END OF SECTION**
ATTACHMENT 1
ATTACHMENT 1
August, 2022 00440-1 City of Manteca
Bid Set F2E/Food Waste Processing Facility
SECTION 00440
CITY OF MANTECA
LOCAL BUSINESS ENTERPRISE (LOCAL VENDOR) PREFERENCE
1.00 RECITALS
1. Whereas it is the responsibility of the City to assure that all competitive bids for services, supplies and projects, as well as all professional services, are comprehensively reviewed and evaluated by City staff to ensure the best quality of work is received for the least amount of taxpayer money; and
2. Whereas the City is desirous of providing a preference for local business enterprises (vendors), in an attempt to keep as many local jobs as local as possible, and
3. Whereas the City hopes to balance this preference with assuring the public that the best enterprise/vendor is selected for each and every City contract.
2.00 POLICY
Definition of “Local Business Enterprise (LBE):” A business enterprise, including but not limited to a sole proprietorship, partnership or corporation, which has a legitimate business presence in the incorporated City limits of the City of Manteca. Evidence of legitimate presence in Manteca shall include:
A. Having a current Manteca business license; and
B. Having either of the following types of offices operating legally within the City of Manteca:
1. The contractor’s principal office; or
2. The contractor’s regional, branch or satellite office with at least one full-time employee located in the corporate boundaries of the City of Manteca. A post office box address alone does not constitute a “Local Business Enterprise.” Public, Competitive Bids:
If two or more bids received from responsible bidders are for the same total amount or unit price – quality and service being equal – preference shall be given to the LBE.
In the event two or more bids are received and they are not for the same total amount or unit price, and a bid submitted by a qualified LBE is within 5% (total net cost) of the lowest bid or quote, the LBE may be deemed to be the lowest bidder if the LBE agrees, in writing within one business day, to reduce its bid to match the bid or quote of the lowest bidder, providing that the City determines the LBE to be a responsible bidder.
ATTACHMENT 1
SECTION 00440
CITY OF MANTECA LOCAL BUSINESS ENTERPRISE (LOCAL VENDOR) PREFERENCE August, 2022 00440-2 City of Manteca
Bid Set F2E/Food Waste Processing Facility
Professional Services:
For professional services not requiring formal bids or quotations, vendor selection is based primarily on qualifications, project understanding and schedule, with cost a secondary concern. Nonetheless, a proposal submitted by a qualified LBE will be taken into account in reaching a final consultant selection decision. A qualified LBE will be provided 5 points out of 100 in scoring the proposals.
ATTACHMENT 1
SECTION 00440
CITY OF MANTECA LOCAL BUSINESS ENTERPRISE (LOCAL VENDOR) PREFERENCE August, 2022 00440-3 City of Manteca
Bid Set F2E/Food Waste Processing Facility
LOCAL BUSINESS ENTERPRISE
(To be submitted with bid)
Are you a local business enterprise according to this policy? Yes ______________________ No ____________________________ If the answer is yes, complete the following:
City of Manteca Business License Number: _____________________________ Address of local office with at least one full-time employee:
________________________________________________________________ I certify under penalty of perjury that the foregoing is true and correct.
Bidders Name: __________________________ Date: ________________ Bidders Signature: _______________________
Authorized Agent
ATTACHMENT 1
ATTACHMENT 1
August, 2022 00450-1 City of Manteca
Bid Set F2E/Food Waste Processing Facility
SECTION 00450
SITE VISIT AFFIDAVIT
(To be submitted with bid)
NAME OF PROJECT: City of Manteca, Lovelace Transfer Facility F2E/Food Waste Processing Facility
State of California
County of ______________________
________________________________________________, being first duly sworn, deposes (Printed Name of Contractor’s Authorized Representative) he or she is
______________________________ of _________________________________, (Title of Representative) (Bidder’s Name)
the party making the bid, has visited the Site of the Work as described in the Contract Documents and has examined and familiarized themselves with the existing conditions, as well as all other conditions relating to the construction which will be performed. The submitting of a bid shall be considered an acknowledgement on the part of the Bidder of familiarity with conditions at the site of Work. The Bidder further acknowledges that the site examination has provided adequate and sufficient information related to existing conditions which may affect cost, progress or performance of the Work.
Signed this day of , 20____.
Authorized Signature
**END OF SECTION**
ATTACHMENT 1
ATTACHMENT 1
August, 2022 00460-1 City of Manteca
Bid Set F2E/Food Waste Processing Facility
SECTION 00460
QUESTIONNAIRE
(To be submitted with bid)
In accordance with Government Code Section 14310.5, the bidder shall complete, under penalty of perjury, the following questionnaire:
QUESTIONNAIRE
1. Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of the law or a safety regulation?
YES____ NO____
2. Has a contractor’s license held by your firm and/or any owner, officer or partner of your firm been revoked at anytime in the last five years?
YES____ NO____
3. Within the last five years, has a surety firm completed a contract on your firms behalf, or paid for completion of a contract to which your firm was a party, because your firm was considered to be in default or was terminated for cause by the project owner?
YES____ NO____
4. At the time of submitting this questionnaire, is your firm ineligible to bid on or be awarded a public works contract, or perform as a contractor on a public works contract, pursuant to either California Labor Code Section 1777.1 (prevailing wage violations) or Labor Code Section 1777.7 (apprenticeship violations)?
YES____ NO____
5. At any time in the last five years, has your firm, or any of its owners, officers or partners been convicted of a crime involving the awarding of a contract for a government/public construction project, or the bidding or performance of a government/public contract? YES____ NO____
6. Within the last five years, has your firm been assessed liquidated damages on any public contract? YES____ NO____
7. Within the last three years has your firm or representatives been debarred from bidding on, or completing any public works construction contract for any reason?
YES____ NO____
8. Has CAL OSHA assessed penalties against your firm for any serious or willful violation occurring on a construction project at anytime in the last three years?
YES____ NO____
9. In the past three years, have civil penalties or Notice of Complaint (letter of warning) been issued or assessed against your firm pursuant to California Labor Code 1777.7 for violation of California public works apprenticeship requirements by the California Division of Apprenticeship Standards (DAS)?
YES____ NO____
10. In the past three years, has a public agency in California withheld contract payments or assessed penalties against your firm for violation of public works prevailing wage requirements? YES____ NO____
ATTACHMENT 1
SECTION 00460
QUESTIONNAIRE
August, 2022 00460-2 City of Manteca
Bid Set F2E/Food Waste Processing Facility
11. Has your firm been assessed penalties for violation of public works prevailing wage requirements by the DLSE (Labor Commissioner)? YES____ NO____
12. Does your firm have any pending complaints or investigations by a regulatory authority? YES____ NO____
I, the undersigned, certify and declare that I have read and understood the questionnaire. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date _________________________ Signature ________________________________ **END OF SECTION**
ATTACHMENT 1
August, 2022 00470-1 City of Manteca
Bid Set F2E/Food Waste Processing Facility
SECTION 00470
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
State of California )
) ss.
County of )
, being first duly sworn, deposes and say that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, business entity, business combination, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
Signature
Name of Bidder
Title
Date
Subscribed and sworn to before me this
day of , 20____.
Signature of Notary Public in and for
the County of ,
State of California.
**END OF SECTION**
ATTACHMENT 1
ATTACHMENT 1
August, 2022 00480-1 City of Manteca
Bid Set F2E/Food Waste Processing Facility
SECTION 00480
LIABILITY AND INSURANCE REQUIREMENTS
1. INDEMNIFICATION
The Contractor shall indemnify, hold harmless and assume the defense of the City and San Joaquin County, the Engineer, the Construction Manager and their elected officials, officers, agents, employees and representatives from all damages, costs, or expenses in law or equity, including attorney’s fees, that may at any time arise to cause damages to property, or of personal injury received by reason of or in the course of performing work, which may be occasioned by any willful or negligent act or omission of the Contractor, any of the Contractor's employees, or any of its subcontractors arising out of work under this Contract.
Approval of any insurance contracts by the City does not relieve the Contractor or subcontractors from liability under Paragraph 00820-1.01, Indemnification, and the Contractor shall be responsible for payment of all amounts it is obligated to pay under Paragraph 00820-1.01, Indemnification, which have not been paid by such insurance contracts. The City shall not be liable for any accident, loss, or damage to the work prior to its completion and acceptance.
2. INSURANCE REQUIREMENTS
A. General
After award of Contract, the Contractor shall promptly obtain, at its own expense, all the insurance required by Paragraph 00820-2.01 B, City of Manteca Insurance Requirements for Contractors, and shall submit coverage verification for review and approval by the City upon execution of the Contract.
The Notice to Proceed with the Work under this Contract will not be issued, and the Contractor shall not commence work, until such insurance has been approved by the City.
The Contractor shall not allow any subcontractors to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and verified by the Contractor. Such insurance shall remain in full force and effect at all times during the prosecution of the Work and until the final completion and acceptance thereof.
The Notice to Proceed does not relieve the Contractor of the duty to maintain such insurance as required by Paragraph 00820-2.01 B, City of Manteca Insurance Requirements for Contractors.
The City reserves the right to occupy existing facilities under construction or to use or occupy parts of the Work as provided for in 00700-14.05, Partial Utilization. Insurance policies shall not restrict or limit such use.
B. City of Manteca Insurance Requirements for Contractors (with Construction Risks) The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors.
ATTACHMENT 1
SECTION 00480
LIABILITY AND INSURANCE REQUIREMENTS
August, 2022 00480-2 City of Manteca
Bid Set F2E/Food Waste Processing Facility
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Course of Construction insurance form providing coverage for “all risks" of loss.
Minimum Limits of Insurance
The Contractor shall maintain limits no less than:
1. General Liability: Must be written on an "occurrence" basis $5,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $5,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $5,000,000 per accident for bodily injury or disease.
4. Course of Construction: equal to the completed value of the project and no coinsurance penalty provisions.
Deductibles and Self-insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City of Manteca. At the option of the City of Manteca, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City of Manteca, its officers, officials, employees, agents and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Manteca, San Joaquin County, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor products and completed operations of the Contractor, premises owned, occupied or used by the Contractor: or automobiles owned, leased, hired or borrowed by the Contractor.
The coverage shall contain no special limitations on the scope of protection afforded to the City of Manteca, its officers, officials, employees, agents or volunteers.
ATTACHMENT 1
SECTION 00480
LIABILITY AND INSURANCE REQUIREMENTS
August, 2022 00480-3 City of Manteca
Bid Set F2E/Food Waste Processing Facility
2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Manteca, San Joaquin County, its officers, officials, employees, agents or volunteers. Any insurance or selfinsurance maintained by the City of Manteca, San Joaquin County, its officers, officials, employees, agents or volunteers shall be in excess of the Contractor's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Manteca, San Joaquin County, its officers, officials, employees, agents or volunteers.
4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City of Manteca.
Course of construction policies shall contain the following provisions:
1. The City of Manteca shall be named as loss payee.
2. The insurer shall waive all rights of subrogation against City of Manteca.
If the contractor maintains higher limits than the minimums shown above, the City of Manteca requires and shall be entitled to coverage for the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Manteca.
Claims Made Policies
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is canceled or non-renewed, and not placed with another claims-made policy form with a retroactive date prior to the contract effective, or start or work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Manteca for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
ATTACHMENT 1
SECTION 00480
LIABILITY AND INSURANCE REQUIREMENTS
August, 2022 00480-4 City of Manteca
Bid Set F2E/Food Waste Processing Facility
Subcontractors
The Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Verification of Coverage
The Contractor shall furnish the City of Manteca with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City of Manteca. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII
Waiver of Subrogation
The Contractor hereby grants to The City of Manteca a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. The Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.
Insurance Forms
The City of Manteca will accept the ACORD 25-S Certificate of Liability Insurance Form accompanied by a Commercial General Liability Endorsement Form No. CG 20 10 11 85 and an Automobile Liability Endorsement Form. The City will accept the Certificate of Worker's Compensation Insurance Form provided by the "State Compensation Insurance Fund".
Note: The General Liability and Automobile Liability endorsements must contain the provisions listed in the section above titled "Other Insurance Provisions".
Submittal of any forms other than the above listed preapproved forms, failure to submit forms, failure to submit forms with required provisions may delay award of contract until all requirements are met in accordance with this Section.
ATTACHMENT 1
August, 2022 00480-5 City of Manteca
Bid Set F2E/Food Waste Processing Facility
INSURANCE ACKNOWLEDGMENT
(To be submitted with bid)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I have reviewed the City of Manteca's insurance requirements and I am aware of the types and amounts of insurance coverages that are required. I am also aware that my insurance company is required to use the Certificate of Insurance Form, and General Liability Special Endorsement, Automobile Liability Special Endorsement, and Workers' Compensation and Employer's Liability Special Endorsement Forms, provided herein. I have reviewed the City of Manteca's insurance requirements with my insurance carrier and I will be able to provide the required insurance coverages on the specified forms if awarded this project.
Bidder's Signature ________________________________________________ Date ____________________________
**END OF SECTION**
ATTACHMENT 1
ATTACHMENT 1
August, 2022 00490-1 City of Manteca
Bid Set F2E/Food Waste Processing Facility
SECTION 00490
DEPARTMENT of INDUSTRIAL RELATIONS and SB 96
COMPLIANCE AFFIDAVIT
• No contractor or subcontractor may be listed on a bid proposal for a public works project or be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771]. NOTE: This section does not apply to public works performed of $25,000 or less comprised of construction, alteration, demolition, installation, or repairs, or of $15,000 or less comprised of maintenance. Pursuant to Public Contract Code section 4104, bidders must provide the DIR registration numbers for all subcontractors listed in a bid for a project. • This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
In accordance with California Labor Code as amended through Senate Bill SB 96, prior to commencement of the Contract, all Contractors are required to register, and maintain active registration throughout the duration of the contract with the California Department of Industrial Relations (DIR). For information regarding registration, please go to:
http://www.dir.ca.gov/
I, the Bidder, certify that:
"I am aware of the provisions of Senate Bill SB 96 and subsequent DIR regulations, which require Contractors/Vendors to comply with all labor compliance requirements including but not limited to prevailing wage requirements, Labor Code sections 1725.5, 1771.1(a), 1774-1776, 1777.5, 1813, 1815, Public Works Contractor Registration Program, Electronic Certified Payroll Records to Labor Commissioner, Public Contract Code section 4104, and other requirements described in the DIR website. I will comply with such provisions before commencing the performance of the work of this contract, and maintain compliance throughout the completion of said contract.” Project: __________________________________________________________________
**END OF SECTION**
Signature Business Name
Print Name CSLB License #
Title Public Works Contractor (PWC) Registration #
E-mail Labor Classification(s)
Date Labor Classifications(s), continued
ATTACHMENT 1
ATTACHMENT 1
August, 2022 00500-1 City of Manteca
Bid Set F2E/Food Waste Processing Facility
SECTION 00500
AGREEMENT
THIS AGREEMENT, made this _____ day of ____________________________, 20____ by and between City of Manteca, hereinafter called the "City," and _____________ ____________________________________________________________________hereinafter called the "Contractor."
W I T N E S S E T H:
Article 1. WORK
WHEREAS, the City has caused the contract documents to be prepared comprised of bidding and contract requirements and technical specifications and plans for the construction of the F2E/Food Waste Processing Facility as described therein, and WHEREAS, the Contractor has offered to perform the proposed work in accordance with the terms of the contract documents for the sum of $_______________________ subject to additions and deductions provided therein.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties herein contained and to be performed, the Contractor hereby agrees to complete the work at the total bid and on the terms and conditions herein contained, and the City agrees to pay the Contractor as provided herein for the fulfillment of the work and the performance of the covenants set forth herein.
The further terms, conditions, and covenants of the Contract are set forth in the contract documents, each of which is by this reference made a part hereof.
Article 2. ENGINEER
The Project has been designed by HERWIT Engineering, who is hereinafter called Engineer and who is to act as the Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the contract documents in connection with completion of the Work in accordance with the contract documents.
Article 3. CONTRACT TIMES
3.1. The Work shall be Substantially Complete within 90 Calendar Days and all remaining items and final completion of the contract work shall be Final Complete in 100 calendar days from the date specified in the Notice to Proceed. All periods shall begin after the date when the contract times commence to run as provided in Paragraph 2.03 of the Standard General Conditions of the Construction Contract, and ready for final payment in accordance with Paragraph 14.07B of the Standard General Conditions of the Construction Contract.
3.2. Liquidated Damages. The Owner and Contractor recognize that time is of the essence of this Agreement and that the Owner will suffer financial loss if the Work is not completed ATTACHMENT 1
SECTION 00500
AGREEMENT
August, 2022 00500-2 City of Manteca
Bid Set F2E/Food Waste Processing Facility
within the times specified in Paragraph 3.1. above, plus any extensions thereof allowed in accordance with Article 12 of the Standard General Conditions of the Construction Contract. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by the Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, the Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), the Contractor shall pay the Owner $2,000 for each day that expires after the times specified in Paragraph 3.1or any proper extension thereof granted by the Owner for Substantial Completion of the Work. If the Contractor shall neglect, refuse or fail to complete the remaining Work within the time specified in Paragraph 3.1. for Final Completion and any proper extension thereof granted by the Owner, the Contractor shall pay the Owner $1,000 for each day that expires after the time specified in Paragraph 3.1. for Final Completion and readiness for final payment.
Article 4. PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with Article 14 of the Standard General Conditions of the Construction Contract. Applications for Payment will be processed by Construction Manager as provided in the Standard General Conditions of the Construction Contract.
Article 5. INTEREST
Payment of interest shall be as provided in the Standard General Conditions of the Construction Contract.
Article 6. CONTRACTOR'S REPRESENTATIONS
In order to induce the Owner to enter into this Agreement, the Contractor makes the following representations:
6.1. The Contractor has thoroughly examined and carefully studied the contract documents (including the Addenda listed in Paragraph 8.) and the other related data identified in the Bidding Documents including "technical data."
6.2. The Contractor has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work.
6.3. The Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work.
6.4. The Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the project Technical Specifications and Paragraph
4.02A. of the Standard General Conditions of the Construction Contract.
The Contractor accepts the determinations set forth in Paragraph 4.02. of the Standard General Conditions and the limitations and extent of the "technical data" contained in such ATTACHMENT 1
SECTION 00500
AGREEMENT
August, 2022 00500-3 City of Manteca
Bid Set F2E/Food Waste Processing Facility
reports and drawings upon which the Contractor is entitled to rely as provided in Paragraph
4.02. of the Standard General Conditions of the Construction Contract.
The Contractor acknowledges that such reports and drawings are not contract documents and may not be complete for the Contractor's purposes.
The Contractor acknowledges that the Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the contract documents with respect to Underground Facilities at or contiguous to the site.
The Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by the Contractor and safety precautions and programs incident thereto.
The Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the contract times and in accordance with the other terms and conditions of the contract documents.
6.5. The Contractor is aware of the general nature of work to be performed by the Owner and others at the site that relates to the Work as indicated in the contract documents.
6.6. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the site, reports and drawings identified in the contract documents and all additional examinations, investigations, explorations, tests, studies and data with the contract documents.
6.7. The Contractor has given the Owner or Engineer written notice of all conflicts, errors, ambiguities or discrepancies in the contract documents and the written resolution thereof by Engineer through issued addendum or addenda is acceptable to the Contractor, and the contract documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. When said conflicts, etc., have not been resolved through interpretation or clarification by the Owner, because of insufficient time or otherwise, The Contractor has included in the Bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in a greater cost; and said greater cost is included in the Contract Price.
Article 7. CONTRACT DOCUMENTS
The contract documents which comprise the entire agreement between the Owner and Contractor concerning the Work consist of the following:
7.1. This Agreement.
ATTACHMENT 1
SECTION 00500
AGREEMENT
August, 2022 00500-4 City of Manteca
Bid Set F2E/Food Waste Processing Facility
7.2. Exhibits to this Agreement.
7.3. Performance, Payment, and other Bonds.
7.4. Notice to Proceed.
7.5. Standard General Conditions of the Construction Contract.
7.6. Supplementary Conditions.
7.7. Specifications bearing the title F2E/Food Waste Processing Facility Volume 1 of 2 and consisting of 16 divisions, as listed in table of contents thereof.
7.8. Drawings bearing the title F2E/Food Waste Processing Facility Volume 2 of 2 consisting of a cover sheet and sheets as listed in table of contents thereof.
7.9. Addenda numbers _____ to _____, inclusive.
7.10. Bid Period Questions and Answers (Enclosure A).
7.11. Contractor's Bid (pages _____ to _____, inclusive) marked Exhibit _____.
7.12. Documentation submitted by the Contractor prior to Notice of Award (pages _____ to _____ inclusive).
7.13. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached thereto:
7.14. All written amendments and other documents amending, modifying or supplementing the contract documents pursuant to Paragraph 3.04 of the Standard General Conditions of the Construction Contract.
There are no contract documents other than those listed above in this Article 7. The contract documents may only be amended, modified or supplemented as provided in Paragraph 3.04 of the Standard General Conditions of the Construction Contract.
Article 8. MISCELLANEOUS
8.1. Terms used in this Agreement which are defined in Article 1 of the Standard General Conditions of the Construction Contract will have the meanings indicated in the Standard General Conditions of the Construction Contract.
8.2. No assignment by a party hereto of any rights under or interests in the contract documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in ATTACHMENT 1
SECTION 00500
AGREEMENT
August, 2022 00500-5 City of Manteca
Bid Set F2E/Food Waste Processing Facility
any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the contract documents.
8.3. The Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the contract documents.
8.4. Any provision or part of the contract documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon The Owner and Contractor, who agree that the contract documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.
ATTACHMENT 1
SECTION 00500
AGREEMENT
August, 2022 00500-6 City of Manteca
Bid Set F2E/Food Waste Processing Facility
IN WITNESS WHEREOF, this agreement has been executed on this _____ day of ___________________, 20_____.
CITY OF MANTECA
Name of Contractor
Benjamin J. Cantu, City Manager
Signature of Contractor ATTEST
Title of Signator Cassandra Candini-Tilton,
Director of Legislative Services
Address
Date
COUNTERSIGNED:
Phone Number
Bret Harmon, Director of Finance
Contractor’s License No.
Date
COUNTERSIGNED:
Dawn Cortesi,
Acting Director of Human Resource
Date
APPROVED AS TO FORM
L. David Nefouse, City Attorney
By: Carrie Woolley, Assistant City Attorney
Date
END OF SECTION**
ATTACHMENT 1
August, 2022 00610-1 City of Manteca
Bid Set F2E/Food Waste Processing Facility
SECTION 00610
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, City of Manteca, hereinafter designated the “City,” has, on _________, 20___, awarded to ______________________________, hereinafter designated as the “Principal,” a Contract for the construction of the F2E/Food Waste Processing Facility.
WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract:
NOW, THEREFORE, WE, the Principal, and _____________________________, as Surety, are held and firmly bound unto the City the penal sum of ________________________, dollars ($____________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounded Principal, it or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on it or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the City, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
It is acknowledged that the Contract provides for one-year warranty period from date of final acceptance of the Work by the Owner, during which time this bond remains in full force and effect.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
ATTACHMENT 1
SECTION 00610
FAITHFUL PERFORMANCE BOND
August, 2022 00610-2 City of Manteca
Bid Set F2E/Food Waste Processing Facility
IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this _____ day of ________, 20_____, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.
Principal
(Seal)
Signature for Principal
Title of Signator
Surety
(Seal)
Signature for Surety
Title of Signator
**END OF SECTION**
ATTACHMENT 1
August, 2022 00620-1 City of Manteca
Bid Set F2E/Food Waste Processing Facility
SECTION 00620
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, City of Manteca, hereinafter designated as the "City," has, on , 20____ , awarded to ________________________, hereinafter designated as the "Principal," a Contract for the construction of the F2E/Food Waste Processing Facility and WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth:
NOW,THEREFORE, we, the Principal, and , as Surety, are
held and firmly bound unto the City the penal sum of Dollars ($ _________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the City as shall be fixed by the court.
This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
ATTACHMENT 1
SECTION 00620
PAYMENT BOND
August, 2022 00620-2 City of Manteca
Bid Set F2E/Food Waste Processing Facility
IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this day of , 20__ , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. ___________________________________
Principal
(Seal)
__________________________________
Signature for Principal Title
__________________________________
Surety
(Seal)
_________________________________
Signature for Surety Title
**END OF SECTION**
ATTACHMENT 1
August, 2022 00630-1 City of Manteca
Bid Set F2E/Food Waste Processing Facility
SECTION 00630
WARRANTY BOND
Whereas, the City Council of the City of Manteca, State of California, and ______________________________________________________________________________ (hereinafter designated as “Contractor”) have entered into a Contract whereby the Contractor agrees to repair any improvements set forth in said Contract identified as the F2E/Food Waste Processing Facility and awarded by Resolution to Contractor on ___________, 20_____, is hereby referred to and made a part hereof, and
Whereas, the Contractor is required under the terms of said Contract to furnish a one year bond starting at Final Completion and acceptance of the Work by the Owner for the Warranty of Improvements of said Contract.
Now, therefore, we, the Contractor and ________________________________________ as surety, are held and firmly bound unto the City of Manteca, hereinafter called “City” in the penal sum of _____________________________________________________________ dollars ($___________________) lawful money of the United States, for the payment of which sum well and truly to be made, we bond ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of Manteca, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
ATTACHMENT 1
SECTION 00630
WARRANTY BOND
August, 2022 00630-2 City of Manteca
Bid Set F2E/Food Waste Processing Facility
In witness whereof, this instrument has been duly executed by the Contractor and surety above named, on _____________________, 20____.
Name of Contractor Name of Surety
Address Address and Telephone
Signature of Contractor Signature of Surety
APPROVED AS TO FORM:
Brendan Kearns, Interim City Attorney
Date
Attach Notary Form Here
--------------------
**END OF SECTION**
ATTACHMENT 1
August, 2022 00650-1 City of Manteca
Bid Set F2E/Food Waste Processing Facility
SECTION 00650
WORKERS' COMPENSATION INSURANCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the Contractor shall sign and file with the District the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
Signature
Name of Contractor
Title
Date
**END OF SECTION**
ATTACHMENT 1
ATTACHMENT 1
August, 2022 00700-1 City of Manteca
Bid Set F2E/Food Waste Processing Facility
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
CITY OF MANTECA
These General Conditions are based in part on
EJCDC C-700 (2002 Copyrighted Edition)
with portions amended or revised to meet current City, State, or Federal regulations, policies and guidelines.
ATTACHMENT 1
August, 2022 00700-2 City of Manteca
Bid Set F2E/Food Waste Processing Facility
TABLE OF CONTENTS
Page
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY.............................................................................................................. 5
1.01 Defined Terms.......................................................................................................................................................... 8
1.02 Terminology............................................................................................................................................................. 9 ARTICLE 2 - PRELIMINARY MATTERS ............................................................................................................................... 9
2.01 Delivery of Bonds and Evidence of Insurance......................................................................................................... 9
2.02 Copies of Documents............................................................................................................................................... 9
2.03 Commencement of Contract Times; Notice to Proceed ........................................................................................... 9
2.04 Starting the Work..................................................................................................................................................... 9
2.05 Before Starting Construction ................................................................................................................................... 9
2.06 Preconstruction Conference ..................................................................................................................................10
2.07 Initial Acceptance of Schedules.............................................................................................................................10 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ......................................................................10
3.01 Intent......................................................................................................................................................................10
3.02 Reference Standards..............................................................................................................................................11
3.03 Reporting and Resolving Discrepancies................................................................................................................11
3.04 Amending and Supplementing Contract Documents.............................................................................................. 12
3.05 Reuse of Documents............................................................................................................................................... 12
3.06 Electronic Data...................................................................................................................................................... 12 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS................................................................................................ 12
4.01 Availability of Lands.............................................................................................................................................. 12
4.02 Subsurface and Physical Conditions ..................................................................................................................... 13
4.03 Differing Subsurface or Physical Conditions........................................................................................................ 13
4.04 Underground Facilities.......................................................................................................................................... 14
4.05 Reference Points.................................................................................................................................................... 16
4.06 Hazardous Environmental Condition at Site ......................................................................................................... 16 ARTICLE 5 - BONDS AND INSURANCE ............................................................................................................................. 17
5.01 Performance, Payment, and Other Bonds ............................................................................................................. 17
5.02 Licensed Sureties and Insurers.............................................................................................................................. 18
5.03 Certificates of Insurance........................................................................................................................................ 18
5.04 Contractor’s Liability Insurance ........................................................................................................................... 18
5.05 Owner’s Liability Insurance .................................................................................................................................. 19
5.06 Property Insurance ................................................................................................................................................ 19
5.07 Waiver of Rights ....................................................................................................................................................20
5.08 Receipt and Application of Insurance Proceeds....................................................................................................21
5.09 Acceptance of Bonds and Insurance; Option to Replace.......................................................................................21
5.10 Partial Utilization, Acknowledgment of Property Insurer.....................................................................................21 ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES..........................................................................................................22
6.01 Supervision and Superintendence..........................................................................................................................22
6.02 Labor; Working Hours ..........................................................................................................................................22
6.03 Services, Materials, and Equipment ...................................................................................................................... 24
6.04 Progress Schedule ................................................................................................................................................. 25
6.05 Substitutes and “Or-Equals”................................................................................................................................. 25
6.06 Concerning Subcontractors, Suppliers, and Others .............................................................................................. 27
6.07 Patent Fees and Royalties...................................................................................................................................... 27
6.08 Permits................................................................................................................................................................... 28
6.09 Laws and Regulations............................................................................................................................................ 28 ATTACHMENT 1
August, 2022 00700-3 City of Manteca
Bid Set F2E/Food Waste Processing Facility
6.10 Taxes...................................................................................................................................................................... 28
6.11 Use of Site and Other Areas .................................................................................................................................. 28
6.12 Record Documents................................................................................................................................................. 29
6.13 Safety and Protection............................................................................................................................................. 29
6.14 Safety Representative.............................................................................................................................................31
6.15 Hazard Communication Programs........................................................................................................................31
6.16 Emergencies...........................................................................................................................................................31
6.17 Shop Drawings and Samples ................................................................................................................................. 32
6.18 Continuing the Work..............................................................................................................................................34
6.19 Contractor’s General Warranty and Guarantee ...................................................................................................34
6.20 Indemnification......................................................................................................................................................34
6.21 Delegation of Professional Design Services..........................................................................................................35
6.22 Waste Disposal Services…………………………………………………………………………...……...............36 ARTICLE 7 - OTHER WORK AT THE SITE .........................................................................................................................36
7.01 Related Work at Site ..............................................................................................................................................36
7.02 Coordination..........................................................................................................................................................36
7.03 Legal Relationships ...............................................................................................................................................36 ARTICLE 8 - OWNER’S RESPONSIBILITIES......................................................................................................................37
8.01 Communications to Contractor..............................................................................................................................37
8.02 Replacement of Construction Manager or Engineer............................................................................................. 37
8.03 Furnish Data.......................................................................................................................................................... 37
8.04 Pay When Due ....................................................................................................................................................... 37
8.05 Lands and Easements; Reports and Tests.............................................................................................................. 37
8.06 Insurance ............................................................................................................................................................... 37
8.07 Change Orders....................................................................................................................................................... 37
8.08 Inspections, Tests, and Approvals.......................................................................................................................... 37
8.09 Limitations on Owner’s Responsibilities ............................................................................................................... 37
8.10 Undisclosed Hazardous Environmental Condition................................................................................................ 37
8.11 Evidence of Financial Arrangements..................................................................................................................... 38 ARTICLE 9 – CONSTRUCTION MANAGER’S AND ENGINEER’S STATUS DURING CONSTRUCTION.................. 38
9.01 Owner’s Representative......................................................................................................................................... 38
9.02 Visits to Site ........................................................................................................................................................... 38
9.03 Construction Manager’s Project Representative................................................................................................... 38
9.04 Authorized Variations in Work .............................................................................................................................. 39
9.05 Rejecting Defective Work....................................................................................................................................... 39
9.06 Shop Drawings, Change Orders and Payments..................................................................................................... 39
9.07 Determinations for Unit Price Work...................................................................................................................... 39
9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................................................... 39
9.09 Limitations on Constion Manager’s or Engineer’s Authority and Responsibilities ..............................................40 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ...........................................................................................................40
10.01 Authorized Changes in the Work ...........................................................................................................................40
10.02 Unauthorized Changes in the Work.......................................................................................................................41
10.03 Execution of Change Orders..................................................................................................................................41
10.04 Notification to Surety.............................................................................................................................................41
10.05 Claims....................................................................................................................................................................41 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK..................................................................42
11.01 Cost of the Work ....................................................................................................................................................42
11.02 Allowances.............................................................................................................................................................44
11.03 Unit Price Work.....................................................................................................................................................45 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES.....................................................45
12.01 Change of Contract Price......................................................................................................................................45
12.02 Change of Contract Times.....................................................................................................................................46
12.03 Delays....................................................................................................................................................................46 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.......47
13.01 Notice of Defects....................................................................................................................................................47
13.02 Access to Work.......................................................................................................................................................47
13.03 Tests and Inspections.............................................................................................................................................47
13.04 Uncovering Work...................................................................................................................................................48
13.05 Owner May Stop the Work.....................................................................................................................................48
13.06 Correction or Removal of Defective Work.............................................................................................................48
13.07 Correction Period.................................................................................................................................................. 49 ATTACHMENT 1
August, 2022 00700-4 City of Manteca
Bid Set F2E/Food Waste Processing Facility
13.08 Acceptance of Defective Work ............................................................................................................................... 49
13.09 Owner May Correct Defective Work ..................................................................................................................... 49 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION .............................................................................. 50
14.01 Schedule of Values................................................................................................................................................. 50
14.02 Progress Payments ................................................................................................................................................ 50
14.03 Contractor’s Warranty of Title .............................................................................................................................. 53
14.04 Substantial Completion.......................................................................................................................................... 53
14.05 Partial Utilization..................................................................................................................................................54
14.06 Final Inspection..................................................................................................................................................... 54
14.07 Final Payment........................................................................................................................................................55
14.08 Final Completion Delayed.....................................................................................................................................55
14.09 Waiver of Claims ...................................................................................................................................................56 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION.........................................................................................56
15.01 Owner May Suspend Work ....................................................................................................................................56
15.02 Owner May Terminate for Cause ..........................................................................................................................57
15.03 Owner May Terminate For Convenience...............................................................................................................58
15.04 Contractor May Stop Work or Terminate..............................................................................................................58 ARTICLE 16 - DISPUTE RESOLUTION................................................................................................................................58
16.01 Methods and Procedures.......................................................................................................................................59 ARTICLE 17 - MISCELLANEOUS.........................................................................................................................................59
17.01 Giving Notice.........................................................................................................................................................59
17.02 Computation of Times............................................................................................................................................59
17.03 Cumulative Remedies.............................................................................................................................................59
17.04 Survival of Obligations..........................................................................................................................................59
17.05 Controlling Law.....................................................................................................................................................59
17.06 Headings................................................................................................................................................................59
17.07 Penalty for Collusion .............................................................................................................................................59 ATTACHMENT 1
SECTION 00700
GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
August, 2022 00700-5 City of Manteca
Bid Set F2E/Food Waste Processing Facility
GENERAL CONDITIONS
ARTICLE 1. DEFINITIONS AND TERMINOLOGY
Section 1.01 Defined Terms
A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise.
1. Addenda--Written or graphic instruments issued prior to the opening of Bids, which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents.
2. Agreement--The written instrument which is evidence of the agreement between Owner and Contractor covering the Work.
3. Application for Payment--The form acceptable to Construction Manager which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents.
4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration.
5. Bid--The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.
6. Bidder--The individual or entity who submits a Bid directly to Owner.
7. Bidding Documents--The Bidding Requirements and the proposed Contract Documents (including all Addenda).
8. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements.
9. Change Order--A document recommended by Construction Manager which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement.
10. City--City of Manteca, San Joaquin County, California, including its agencies, departments or divisions whose conduct or action is related to the work.
11. Claim--A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.
12. Construction Manager--The individual or entity retained by the Owner to perform construction quality assurance and contract administration functions not involving reviews and interpretations with respect to design intent. The Construction Manager is a representative of the City, either an employee or consultant, employed to act as advisor to the City in construction matters related to the Contract.
13. Contract--The entire and integrated written agreement between the Owner and Contractor concerning the Work.
The Contract supersedes prior negotiations, representations, or agreements, whether written or oral.
14. Contract Documents-- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor’s submittals, and ATTACHMENT 1
SECTION 00700
GENERAL CONDITIONS
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August, 2022 00700-6 City of Manteca
Bid Set F2E/Food Waste Processing Facility
the reports and drawings of subsurface and physical conditions are not Contract Documents.
15. Contract Price--The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work).
16. Contract Times--The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Construction Manager’s written recommendation of final payment.
17. Contractor--The individual or entity with whom Owner has entered into the Agreement.
18. Cost of the Work--See Paragraph 11.01.A for definition.
19. Day-- 24 consecutive hours running from midnight to midnight; calendar day. a. business day: Day on the calendar except a Saturday and a holiday. b. working day: Time measure unit for work progress. A working day is any 24-consecutive-hour period except:
1) Saturday and a holiday.
2) Day during which Contractor cannot perform work on the controlling activity for at least 50 percent of the scheduled work shift with at least 50 percent of the scheduled labor and equipment due to any of the following:
a) Adverse weather-related conditions.
b) Traffic maintenance under the Contract.
c) Suspension of a controlling activity that Contractor and the Owner agree benefits both parties. d) Unanticipated event not caused by either party, such as:
i) Act of God
ii) Act of a public enemy.
iii) Epidemic.
iv) Fire.
v) Flood.
vi) Governor-declared state of emergency.
vii) Landslide.
viii) Quarantine restriction.
e) Issue involving a third party, including:
i) Industry or area-wide labor strike.
ii) Material shortage.
iii) Freight embargo.
iv) Jurisdictional requirement of a law enforcement agency. v) Workforce labor dispute of a utility or non-City facility owner resulting in a non-City facility rearrangement not described and not solely for the Contractor's convenience. Rearrangement of a non-City facility includes installation, relocation, alteration, or removal of the facility. 3) Day during a concurrent delay.
20. Drawings--That part of the Contract Documents prepared or approved by Engineer which graphically shows, on paper, the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined.
21. Delay--Event that extends the completion of an activity. a. excusable delay: Delay caused by the Department and not reasonably foreseeable when the work began, such as:
1) Change in the work
ATTACHMENT 1
SECTION 00700
GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
August, 2022 00700-7 City of Manteca
Bid Set F2E/Food Waste Processing Facility
2) Department action that is not part of the Contract
3) Presence of an underground utility main not described in the Contract or in a location substantially different from that specified
4) Described facility rearrangement not rearranged as described, by the utility owner by the date specified, unless the rearrangement is solely for the Contractor's convenience 5) Department's failure to obtain timely access to the right-of-way 6) Department's failure to review a submittal or provide notification in the time specified b. critical delay: Excusable delay that extends the scheduled completion date. c. concurrent delay: Occurrence of at least 2 of the following events in the same period of time, either partially or entirely:
1) Critical delay
2) Delay to a controlling activity caused by the Contractor 3) Non–working day
22. Department -- Engineering Division of the Public Works Department, City of Manteca, and its authorized representatives.
23. Detour -- Temporary route for traffic around a closed road part. A passageway through a job site is not a detour.
24. Director -- the Director of the Public Works Department, City of Manteca.
25. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.
26. Engineer--The individual or entity named as such in the Agreement.
27. Field Order--A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times.
28. Force Account Work--Work ordered on a construction project without an existing agreement on its cost, and performed with the understanding that the contractor will bill the owner according to the cost of labor, materials, and equipment, plus a certain percentage for overhead and profit. (Refer to Section 12.01 of these General Conditions, and the California Department of Transportation Equipment Rental Rates and Labor Surcharge)
29. General Requirements--Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications.
30. Hazardous Environmental Condition--The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work.
31. Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.
32. Holiday-- Holiday shown in the following table:
ATTACHMENT 1
SECTION 00700
GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
August, 2022 00700-8 City of Manteca
Bid Set F2E/Food Waste Processing Facility
Holidays
Holiday Date observed
Every Sunday Every Sunday
New Year's Day January 1st
Birthday of Martin Luther King, Jr. 3rd Monday in January Lincoln's Birthday February 12th
Washington's Birthday 3rd Monday in February
Cesar Chavez Day March 31st
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Columbus Day 2nd Monday in October
Veterans Day November 11th
Thanksgiving Day 4th Thursday in November
Day after Thanksgiving Day Day after Thanksgiving Day
Christmas Day December 25th
If January 1st, February 12th, March 31st, July 4th, November 11th, or December 25th falls on a Sunday, the Monday following is a holiday. If November 11th falls on a Saturday, the preceding Friday is a holiday.
Additionally, the City does not work on alternating Fridays of every month. Special accommodations must be made by the Contractor for City staff to be available for any work to occur on these Fridays.
33. Laws and Regulations; Laws or Regulations--Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.
34. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property.
35. Material shortage--
a. Shortage of raw or produced material that is area-wide and caused by an unusual market condition except if any of the following occurs:
1) Shortage relates to a produced, nonstandard material 2) Supplier's and the Contractor's priority for filling an order differs 3) Event outside the United States for a material produced outside the United States b. Unavailability of water that delays a controlling activity
36. Milestone--A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work.
37. Notice of Award--The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement.
38. Notice to Proceed--A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents.
39. Owner--The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed.
40. PCBs--Polychlorinated biphenyls.
41. Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils.
ATTACHMENT 1
SECTION 00700
GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
August, 2022 00700-9 City of Manteca
Bid Set F2E/Food Waste Processing Facility
42. Progress Schedule--A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times.
43. Project--The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part.
44. Project Manual--The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents.
45. Quality Control Plan--Contractor's plan to ensure QC.
46. Radioactive Material--Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
47. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor.
48. Resident Project Representative--The authorized representative of Construction Manager who may be assigned to the Site or any part thereof.
49. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged.
50. Schedule of Submittals--A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities.
51. Schedule of Values--A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment.
52. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.
53. Site--Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor.
54. Specifications--That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto.
55. Subcontractor--An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site.
56. Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Construction Manager, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be safely and conveniently utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof.
57. Substantial Defects: Defects plainly seen as damaged, displaced, or missing parts or improper functioning of materials, parts, equipment, or systems.
58. Successful Bidder--The Bidder submitting a responsive Bid to whom Owner makes an award.
59. Supplementary Conditions--That part of the Contract Documents which amends or supplements these General Conditions.
ATTACHMENT 1
SECTION 00700
GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
August, 2022 00700-10 City of Manteca
Bid Set F2E/Food Waste Processing Facility
60. Supplier--A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor.
61. Traffic--Pedestrians, bicyclists, ridden or herded animals, vehicles, streetcars, and other conveyances either singularly or together while using any street, roadway or sidewalk for purposes of travel.
62. Traffic lane--Portion of traveled way used for the movement of a single line of vehicles.
63. Traveled way--Portion of the roadway for the movement of vehicles, exclusive of the shoulders, berms, sidewalks, and parking lanes.
64. Unauthorized Work: Work performed outside of the scope of the agreement or beyond the lines and grades described in the Contract or established by the Engineer or extra work performed without City authorization.
65. Underground Facilities--All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.
66. Unit Price Work--Work to be paid for on the basis of unit prices.
67. Work--The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.
68. Work Change Directive--A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Construction Manager ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. The signatory for the Owner may authorize a Work Change Directive for work on a Not-to-Exceed basis, where the Engineer’s estimate for probable cost for said work is within the signatories authority and threshold in conformance of the City’s purchasing policies.
69. Withhold--Money temporarily or permanently taken from a progress payment.
70. Work--Resources and activities required for Contract acceptance, including labor, materials, equipment, and the created product.
71. Work Plan--Detailed formulation of a program of action.
72. Work Zone--Area of a roadway or street with construction, maintenance, or utility work activities.
Section 1.02 Terminology
A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning.
B. Intent of Certain Terms or Adjectives
1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered”, “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer or Construction Manager. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer or Construction Manager as to the Work. It is intended that such exercise of professional judgment, action or determination will be solely to ATTACHMENT 1
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GENERAL CONDITIONS
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August, 2022 00700-11 City of Manteca
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evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer or Construction Manager any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents.
2. Day: The word “day” means a calendar day of twenty-four (24) hours measured from midnight to the next midnight.
3. Defective: The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents, or
b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or
c. has been damaged prior to –Construction Manager’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05).
4. Furnish, Install, Perform, Provide, Supply: The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean FURNISHING AND INCORPORATING IN THE WORK including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used.
C. Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.
ARTICLE 2. PRELIMINARY MATTERS
Section 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish.
B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5.
Section 2.02 Copies of Documents
A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction.
Section 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement.
Section 2.04 Starting the Work
A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run.
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Section 2.05 Before Starting Construction
A. Preliminary Schedules: Within ten (10) days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Construction Manager for timely review:
1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents;
2. a preliminary Schedule of Submittals; and
3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work.
Section 2.06 Preconstruction Conference
A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Construction Manager and Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records.
Section 2.07 Initial Acceptance of Schedules
A. At least ten (10) days before submission of the first Application for Payment a conference attended by Contractor, Construction Manager, and others as appropriate will be held to review for acceptability to Construction Manager as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer.
1. The Progress Schedule will be acceptable to Construction Manager if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Construction Manager responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor’s full responsibility therefor.
2. Contractor’s Schedule of Submittals will be acceptable to Construction Manager and Engineer if it provides a workable arrangement for reviewing and processing the required submittals.
3. Contractor’s Schedule of Values will be acceptable to Construction Manager as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work for each Bid Item as submitted on the Bid Sheet.
ARTICLE 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE
Section 3.01 Intent
A. The Contract Documents are complementary; what is required by one is as binding as if required by all.
B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner.
C. Clarifications and interpretations with respect to the design intent of the Contract Documents shall be issued by Engineer through the Construction Manager, and clarifications and interpretations with respect to administrative matters shall be issued by the Construction Manager as provided in Article 9.
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D. The Specifications may vary in form, format and style. Some specification sections are written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omissions of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the section. The Contractor shall not take advantage of any variation of form, format or style in making claims for extra Work.
E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete.
Section 3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and Regulations
1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.
2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of Owner, Contractor, Engineer or Construction Manager, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents.
No such provision or instruction shall be effective to assign to Owner, Engineer or Construction Manager, or any of their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents.
Section 3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies
1. Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Construction Manager any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Engineer through Construction Manager before proceeding with any Work affected thereby.
2. Contractor’s Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Construction Manager in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04.
3. Contractor shall not be liable to Owner, Construction Manager or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof.
B. Resolving Discrepancies
1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and:
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a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).
Section 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive.
B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways:
1. A Field Order
2. Engineer’s approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or
3. Engineer’s written interpretation or clarification of matters of design intent issued through the Construction Manager, and Construction Managers written interpretation or clarification of administrative matters.
Section 3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or Engineer’s consultants, including electronic media editions; or
2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adoption by Engineer.
B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes.
Section 3.06 Electronic Data
A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern.
B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data’s creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within sixty (60) days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60-day acceptance period will be corrected by the transferring party.
C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator.
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ARTICLE 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
Section 4.01 Availability of Lands
A. Owner shall furnish the Site. Owner shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner’s furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05.
1. Where easement lines are shown on the Contract Drawings they shall be considered as shown in their final location unless stipulated otherwise in the Supplementary Conditions.
B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and Owner’s interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations.
C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.
Section 4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identify:
1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Contract Documents; and
2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents.
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents.
Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to:
1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or
2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information.
Section 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either:
1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or
2. is of such a nature as to require a change in the Contract Documents; or ATTACHMENT 1
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3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Construction Manager in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so.
B. Construction Manager’s and Engineer’s Review: After receipt of written notice as required by Paragraph 4.03.A, Construction Manager will promptly review the pertinent condition with Engineer as appropriate, determine the necessity of Owner's obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor and Engineer) of Construction Manager’s findings and conclusions.
C. Possible Price and Times Adjustments:
1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the following:
a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 9.07 and 11.03.
2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if:
a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or
b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or
c. Contractor failed to give the written notice as required by Paragraph 4.03.A.
3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner, Engineer and Construction Manager, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project.
Section 4.04 Underground Facilities
A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions:
1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and
2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for:
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a. reviewing and checking all such information and data, b. contacting and coordinating with underground service alert (USA) and locating all Underground Facilities within the construction area
c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and
d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work.
3. Pursuant to Government Code Section 4216-4216.9, the Contractor shall notify the appropriate regional notification center of all excavations as required under Government Code sections 4216 to 4216.9. The Contractor shall contact Underground Service Alert at 1-800-642-2444 for the location of subsurface installations. Contractor shall furnish to the Construction Manager written documentation of its contact(s) with Underground Service Alert within two (2) days after such contact(s).
4. At least two (2) days before performing any excavation work, the Contractor shall request the utility owners to mark or otherwise indicate the location of their service. Contractor shall furnish to the Construction Manager written documentation of its contact(s) with utility owners requesting them to mark or otherwise indicate the location of their respective facilities within three (3) days after such contact(s).
5. It shall be the Contractor's responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective owners and which Contractor believes may affect or be affected by Contractor's operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work.
B. Not Shown or Indicated:
1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Construction Manager. Construction Manager will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility.
2. If Construction Manager concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. In accordance with Government Code Section 4215 the Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay is caused by the failure of the Owner or utility company to provide for the removal or relocation of facilities for which they are the responsible party.
3. When the General Requirements, Specifications, or Construction Drawings indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utility company and the work will be done at no cost to the Contractor.
4. Temporary or permanent service, relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor's responsibility and it shall make arrangements and bear all costs.
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5. Except where the owner of a damaged utility has advised that it intends to repair the damage through its own forces or forces that it will retain or has retained, Contractor shall, within 24 hours of receipt from the Owner of notice to commence correction of damage, notify the Construction Manager in writing if Contractor intends to repair the damage. During nights and weekends when work is not in progress, Owner may give such notice by telephone or by facsimile transmission to the Contractor's facsimile number and such notice will be immediately effective. The Contractor's failure to provide timely written notification that it intends to repair the damage shall be deemed its agreement that the Owner may repair the damage at Contractor's expense without further notice and without prejudice to any other remedy available to Owner. In such event, the Contractor may observe the Work if this can be done without in any way delaying the progress thereof, but may not contest any element of the expense of repair or the lack of further notice. This provision is in addition to any other remedy, including the remedy provided in 13.09, Owner May Correct Defective Work Section 4.05 Reference Points
A. Owner shall provide engineering surveys to establish reference points for construction which in Construction Manager’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Construction Manager whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by licensed land surveyor registered in the state of California.
Section 4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents.
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents.
Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to:
1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or
2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions or information.
C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.
D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Construction Manager (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Construction Manager concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any.
E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that ATTACHMENT 1
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such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05.
F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 7.
G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, Engineer and Construction Manager, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.
H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner , Engineer and Construction Manager, and the officers, directors, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.H shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence.
I. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site.
ARTICLE 5. ARTICLE 5 - BONDS AND INSURANCE
Section 5.01 Performance, Payment, and Other Bonds
A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents.
These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later, except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall also furnish such other bonds as are required by the Contract Documents.
B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury.
All bonds signed by an agent must be accompanied by a certified copy of the agent’s authority to act.
C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 5.01.B, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.B and 5.02.
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Section 5.02 Licensed Sureties and Insurers
A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions.
Section 5.03 Certificates of Insurance
A. Contractor shall deliver to Owner, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Owner or any other additional insured) which Contractor is required to purchase and maintain.
B. Owner shall deliver to Contractor, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by Contractor or any other additional insured) which Owner is required to purchase and maintain.
Section 5.04 Contractor’s Liability Insurance
A. Contractor shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable:
1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees;
3. claims for damages because of bodily injury, sickness or disease, or death of any person other than Contractor’s employees;
4. claims for damages insured by reasonably available personal injury liability coverage which are sustained:
a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or
b. by any other person for any other reason;
5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and
6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle.
B. The policies of insurance required by this Paragraph 5.04 shall:
1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner, Engineer and Construction Manager, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby;
2. include at least the specific coverages and be written for not less than the limits of liability provided in the Contract Documents or required by Laws or Regulations, whichever is greater; ATTACHMENT 1
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3. include completed operations insurance;
4. include contractual liability insurance covering Contractor’s indemnity obligations under Paragraphs 6.11 and
6.20;
5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least 30 days prior written notice has been given to Owner and Contractor and to each other additional insured identified in the Supplementary Conditions (and the certificates of insurance furnished by the Contractor pursuant to Paragraph 5.03 will so provide);
6. remain in effect at least until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with Paragraph 13.07; and
7. with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, remain in effect for at least two years after final payment. a. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter.
8. With respect to all insurance required by this paragraph 5.04., Contractor agrees to waive all rights of subrogation against Owner, Engineer and Construction Manager, and each additional insured identified in the Supplemental Conditions.
Section 5.05 Owner’s Liability Insurance
A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents.
Section 5.06 Property Insurance
A. Unless otherwise provided in the Supplementary Conditions, Contractor shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall:
1. include the interests of Owner, Contractor, Subcontractors, Engineer and Construction Manager, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured;
2. be written on a Builder’s Risk “all-risk” or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, collapse, explosion, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, (other than caused by flood) and such other perils or causes of loss as may be specifically required by the Supplementary Conditions;
3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects);
4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer;
5. allow for partial utilization of the Work by Owner;
6. include testing and startup; and
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7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, Engineer and Construction Manager with thirty (30) days written notice to each other additional insured.
B. Contractor shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of Owner, Contractor, Subcontractors, Engineer and Construction Manager, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured.
C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained in accordance with Paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty (30) days prior written notice has been given to Owner and Contractor and to each other additional insured and will contain waiver provisions in accordance with Paragraph 5.07.
D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser’s own expense.
E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.06, Owner shall, if possible, include such insurance, and the cost thereof will be charged to Contractor by appropriate Change Order. Prior to commencement of the Work at the Site, Owner shall in writing advise Contractor whether or not such other insurance has been procured by Owner.
Section 5.07 Waiver of Rights
A. Owner and Contractor intend that all policies purchased in accordance with Paragraph 5.06 will protect Owner, Contractor, Subcontractors, Engineer and Construction Manager, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, Engineer and Construction Manager, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued.
B. Owner waives all rights against Contractor, Subcontractors, Engineer and Construction Manager, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them for:
1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical loss or damage to Owner’s property or the Work caused by, arising out of, or resulting from fire or other perils whether or not insured by Owner; and
2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by Owner during partial utilization pursuant to Paragraph 14.05, after Substantial Completion pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07.
C. Any insurance policy maintained by Owner covering any loss, damage or consequential loss referred to in Paragraph
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the insurers will have no rights of recovery against Contractor, Subcontractors, Engineer or Construction Manager, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them.
Section 5.08 Receipt and Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner and made payable to Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of Paragraph 5.08.B. Owner shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order.
B. Owner as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to Owner’s exercise of this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, Owner as fiduciary shall give bond for the proper performance of such duties.
Section 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either Owner or Contractor has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by Paragraph 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly.
Section 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If Owner finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in Paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to Paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy.
1. All insurance required by the Contract Documents, or by laws or regulations shall remain in full force and effect on all phases of the Work, whether or not the Work is occupied or utilized by Owner, until all Work included in the agreement has been completed and final payment has been made.
2. Nothing contained in the insurance requirements shall be construed as limiting the extent of Contractor's responsibility for payment of damages resulting from Contractor’s, subcontractors’ or suppliers’ operations under the Contract. Contractor agrees that Contractor alone shall be completely responsible for procuring and maintaining full insurance coverage as provided herein or as may be otherwise required by the Contract Documents. Any approval by Owner or Construction Manager shall not operate to the contrary.
ARTICLE 6. CONTRACTOR’S RESPONSIBILITIES
Section 6.01 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents.
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Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction.
Contractor shall not be responsible for the negligence of Owner or Engineer in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. Means or methods of work suggested by the Owner, the Construction Manager, or the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor. The Owner, Construction Manager, or the Engineer assume no responsibility therefor, and in no way will be held liable for any defects in the Work which may result from or be caused by use of such plan or method of Work.
B. At all times during the progress of the Work, Contractor shall assign a competent resident superintendent who shall not be replaced without written notice to Owner and Construction Manager except under extraordinary circumstances. The superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communications given to or received from the superintendent shall be binding on Contractor.
Section 6.02 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site.
B. In the absence of any Federal, state or local laws, regulations or covenants, the Contractor may conduct its performance of the Work at the Contractor's sole discretion, except that the cost of any overtime pay or other expense incurred by the Owner for Resident Project Representative, Owner's Representative and construction observation services, occasioned by the conduct of Work on Saturday, Sunday, any legal holiday, or as overtime on any regular work day, shall be reimbursed to the Owner by the Contractor. Contractor shall provide to Construction Manager 72-hour written notice of intent to work outside of regular working hours.
C. Prevailing Wage:
1. Pursuant to SB 854 and to provisions of the Labor Code Section 1770, et. seq., of the State of California, the Director of the Department of Industrial Relations has ascertained the prevailing rate of wages of the locality in which the Work is to be performed and applicable to the work to be done. Prevailing wage for each job category shall be as published by Department of Industrial Relations at the time of project work.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
No Contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 Contractor shall post job site notices prescribed by regulation.
2. For each worker paid less than the stipulated rate in the execution of the Contract by the Contractor, or any subcontractor under it, in violation of the provisions of the Labor Code, and in particular, Section 1770 to Section 1780, inclusive, the Contractor shall be subject to the provisions and penalties of Section 1775 of the Labor Code. In addition to said penalty, and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amounts paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the stipulated prevailing rate shall be paid to each worker by the Contractor.
3. The wage rates set forth are the minimum that may be paid by the Contractor. Nothing herein contained shall be construed as preventing the Contractor from paying more than the minimum set forth.
4. No extra compensation whatever shall be allowed by the City due to the inability of the Contractor to hire labor at the minimum rate nor for any necessity for payment by the Contractor for subsistence, travel time, overtime, or other added compensation, all of which possibilities are elements to be considered and ascertained to the Contractor's own satisfaction in preparing the bid.
5. If it becomes necessary to employ a craft other than those listed in the prevailing rates, the Contractor shall notify the City immediately and the City will obtain the additional prevailing rate from the Director of the ATTACHMENT 1
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Department of Industrial Relations and the rate thus determined shall be applicable as a minimum at the time of initial employment.
6. The Contractor shall pay travel and subsistence payments to workers needed to execute the work as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed with the Department of Industrial Relations pursuant to Labor Code Section 1773.8.
7. City and Contractor stipulate that Labor Code Section 1775 will be complied with.
8. The City will consider the type of work performed by classification traditionally employed to perform said work in San Joaquin County when determining appropriate craft, classification or type of worker under Section 1733.2 of the California Labor Code.
9. Not Used.
10. Certified Payrolls - In accordance with Section 1776 of the Labor Code, each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contractor or the subcontractor in connection with the project. Pursuant to SB 854, All Contractors and subcontractors must furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement).
11. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or its authorized representative on request.\
b. A certified copy of all payroll records shall be made available for inspection or furnished upon request to a representative of the City, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. c. A certified copy of all payroll records shall be made available upon request by the public in accordance with Section 1776 of the Labor Code.
12. The Contractor is responsible for its and its subcontractors’ compliance with the provisions of Section 1776 of the Labor Code.
13. Overtime Requirements - The Contractor shall forfeit, as a penalty to the City, the penalty as provided in Section 1813 of the Labor Code for each worker employed in the execution of the Contract by the Contractor, or any subcontractor under the Contractor, for each day during which such worker is required or permitted to work more than eight (8) hours in any one day and forty (40) hours in any one week, in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815 thereof, inclusive, except that work performed by employees of Contractors in excess of eight (8) hours a day and forty (40) hours during one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, at not less than one and a half (1.5) times the basic rate of pay as provided for in Section 1815 of the Labor Code.
14. Apprentice and Trainee - Attention is directed to the provisions in Section 1777.5 of the Labor Code and in accordance with the regulations of the California Apprenticeship Council concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor.
15. Section 1777.5 requires the Contractor or subcontractors employing tradespersons in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the project that administers the apprenticeship program in that trade for a certificate of approval. The Contractor and subcontractors are required to submit contract award information to the applicable joint apprenticeship committee. As provided for in Section 1777.5 of the Labor Code, the Contractor is required to make contributions to funds established for the administration of apprenticeship programs.
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16. It shall be the responsibility of the Contractor to abide by the provisions of Section 1777.5 of the Labor Code and to require all subcontractors employed by or contracting with the Contractor to abide by said provisions.
The Contractor shall furnish the City any and all evidence of compliance with this code section when requested by the City.
17. For failure to comply with Section 1777.5 of the Labor Code, the Contractor shall be subject to the penalties in Section 1777.7 of the Labor Code. The provisions of this paragraph apply only to the extent not preempted by Federal law.
18. Workers' Compensation Insurance - The Contractor is required to secure the payment of compensation to its employees in accordance with the provisions of Sections 1860 and 3700 of the Labor Code and Paragraph 00480 2.B.
Section 6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work.
1. Where the Work requires equipment be furnished, due to the lack of standardization of equipment as produced by the various manufacturers, it may become necessary to make minor modifications in the structures, buildings, piping, mechanical work, electrical work, accessories, controls, or other work, to accommodate the particular equipment offered. Contractor's bid price for any equipment offered shall include the cost of making any necessary changes subject to the approval of Construction Manager.
B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of Owner. If required by Engineer or Construction Manager, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment.
C. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents.
1. Materials and equipment, if furnished by the Owner, will be made available as designated in the General Requirements. The cost of unloading, hauling and handling, and placing Owner-furnished materials and equipment shall be considered as included in the price bid for the Contract item involving such Owner-furnished material.
2. Contractor shall inspect and assure itself of the amount and soundness of such materials and equipment.
3. The Contractor will be held responsible for all materials and equipment furnished to it and received by it, and shall pay all demurrage and storage charges. City-furnished materials and equipment lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the Owner for the cost of replacing Owner-furnished material and equipment and such costs may be deducted from any moneys due or to become due the Contractor.
4. All items of standard equipment shall be the latest model at the time of bid, unless otherwise specified.
Section 6.04 Progress Schedule
A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.07 as it may be adjusted from time to time as provided below.
1. Contractor shall submit to Construction Manager for acceptance (to the extent indicated in Paragraph 2.07) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. Such adjustments will comply with any provisions of the General Requirements applicable thereto.
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2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order.
Section 6.05 Substitutes and “Or-Equals”
A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to Engineer for review under the circumstances described below.
1. “Or-Equal” Items: If in Engineer’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an “or-equal” item, in which case review and approval of the proposed item may, in Engineer’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if:
a. in the exercise of reasonable judgment Engineer determines that:
1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics;
2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents.
2. Substitute Items
a. If in Engineer’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 6.05.A.1, it will be considered a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow Engineer to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by Construction Manager from anyone other than Contractor. c. The requirements for review by Engineer will be as set forth in Paragraph 6.05.A.2.d, as supplemented in the General Requirements and as Engineer may decide is appropriate under the circumstances. d. Contractor shall make written application to Construction Manager for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application:
1) shall certify that the proposed substitute item will:
a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and
c) be suited to the same use as that specified;
2) will state:
a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of Substantial Completion on time;
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b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and c) whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; 3) will identify:
a) all variations of the proposed substitute item from that specified; and b) available engineering, sales, maintenance, repair, and replacement services. 4) and shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change.
B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. Contractor shall submit sufficient information to allow Engineer, in Engineer’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The requirements for review by Engineer will be similar to those provided in Paragraph 6.05.A.2.
C. Engineer’s Evaluation: Engineer will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. Engineer may require Contractor to furnish additional data about the proposed substitute item. Engineer will be the sole judge of acceptability. No “or equal” or substitute will be ordered, installed or utilized until Engineer’s review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an “or equal.” Engineer will advise Contractor in writing of any negative determination.
D. Special Guarantee: Owner may require Contractor to furnish at Contractor’s expense a special performance guarantee or other surety with respect to any substitute.
E. Engineer’s Cost Reimbursement: Engineer will record Engineer’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions of any other direct contract with Owner) resulting from the acceptance of each proposed substitute.
F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense.
Section 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection.
B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner’s acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of Owner or Engineer to reject defective Work.
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C. Contractor shall be fully responsible to Owner, Engineer, and Construction Manager for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents:
1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between Owner, Engineer or Construction Manager and any such Subcontractor, Supplier or other individual or entity, nor
2. shall create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations.
D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor.
E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Construction Manager and Engineer through Contractor.
F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade.
G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner, Construction Manager and Engineer.
Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Construction Manager and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, Contractor will obtain the same.
Section 6.07 Patent Fees and Royalties
A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by Owner in the Contract Documents.
B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner, Construction Manager and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents.
Section 6.08 Permits
A. Unless otherwise provided in the Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work.
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Section 6.09 Laws and Regulations
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner, Construction Manager nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations.
B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.03.
C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05.
Section 6.10 Taxes
A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work.
Section 6.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas
1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work.
2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law.
3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner, Construction Manager and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against Owner, Engineer, or any other party indemnified hereunder to the extent caused by or based upon Contractor's performance of the Work.
B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations.
C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents.
D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it.
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Section 6.12 Record Documents
A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Construction Manager for reference, and shall be current at the time of Contractor’s submission of Application for Payment as a condition precedent for Construction Manager’s recommendation of payment. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Construction Manager for Owner. Contractor shall include accurate locations for buried and imbedded items.
Section 6.13 Safety and Protection
A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to:
1. all persons on the Site or who may be affected by the Work;
2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and
3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction.
B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property.
1. At least three (3) business days before performing any excavation work or other work that could damage existing improvements within, or adjacent to, the Work area, the Contractor shall notify the owners of properties adjacent to the Work area of intended commencement of such Work and request that such owners mark or otherwise indicate the location of underground improvements of which they are aware or other improvements not readily apparent from visual inspection of the adjacent property, such as survey points and utility service installations not owned by the appropriate utility. The Contractor shall also give three (3) business days notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements within the right-of-way that are designated for removal or would be destroyed because of the Work. Contractor shall furnish to the Construction Manager written documentation of its contact(s) with property owners (1) requesting them to mark or otherwise indicate the location of their respective facilities, and (2) notifying them to salvage or relocate landscaping or improvements within or adjacent to the Work area within two (2) days after such contact(s).
2. It shall be the Contractor's responsibility to determine the exact location (including depth for underground improvements) and to document the existing condition of all existing improvements which are not designated for removal (e.g., curbs, sidewalks, survey points, fences, walls, signs, utility installations, pavements, structures, etc.) which the Contractor believes may affect or be affected by Contractor's operations.
3. In the event that existing improvements are found that have not been identified in the Contract Documents or indicated by the respective property owner, or are found to exist in a substantially different location than so indicated, the Contractor shall (1) immediately notify the Construction Manager thereof in writing, and (2) take steps to avoid damaging such improvements, including ascertaining their exact location if not yet known.
C. All damage, injury, or loss to any property referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or ATTACHMENT 1
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omissions of Owner, Construction Manager or Engineer, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them).
1. The Contractor shall immediately notify the Construction Manager and the property owner of any damage to any existing improvements that have not been designated to be removed. The Contractor shall be responsible for the cost of repairing or restoring all existing improvements which are not designated for removal (e.g., curbs, sidewalks, survey points, fences, walls, signs, utility installations, pavements, structures, etc.) and are damaged or removed as a result of its operations. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension.
2. The Contractor shall protect from damage all landscaping (e.g., trees, lawns, shrubbery, etc.) adjacent to the Work area or within the Work area that have not been designated to be removed. The Contractor shall immediately notify the Construction Manager and the property owner of any damage to any such landscaping which is not designated for removal. The Contractor shall be responsible for the cost of restoring or replacing such landscaping in as nearly the original conditions and location as it is reasonably possible. Lawns shall be re-seeded and covered with suitable mulch.
3. Except where an owner of damaged improvements or landscaping has advised that he or she intends to repair the damage himself or through forces that he or she will retain or has retained, Contractor shall, within 24 hours of receipt from the Owner of notice to commence correction of damage, notify the Construction Manager in writing if Contractor intends to repair the damage. During nights and weekends when work is not in progress, Owner may give such notice by telephone or by facsimile transmission to the Contractor's facsimile number designated and such notice will be immediately effective. The Contractor's failure to provide timely written notification that it intends to repair the damage shall be deemed its agreement that the Owner may repair the damage at Contractor's expense without further notice and without prejudice to any other remedy available to City. In such event, the Contractor may observe the Work if this can be done without in any way delaying the progress thereof, but may not contest any element of the expense of repair or the lack of further notice. This provision is in addition to any other remedy, including the remedy provided in 13.09, Owner May Correct Defective Work.
D. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Construction Manager has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion).
E. The Contractor shall establish, implement, and maintain a Written injury prevention program as required by Labor Code Section 6401.7. This written program shall be submitted to the Construction Manager within five (5) days of Notice to Proceed. The Contractor's injury prevention program will not be reviewed for approval. Before proceeding with any construction work, the Contractor shall take the necessary action to comply with all provisions for safety and accident prevention. The Contractor shall develop and maintain for the duration of this Contract, a safety program that will effectively incorporate and implement all required safety provisions. The Contractor shall appoint an employee as safety supervisor who is qualified and authorized to supervise and enforce compliance with the safety program. The Contractor, as a part of its safety program, shall maintain at its office or other well-known place at the Site, safety equipment applicable to the Work as prescribed by the aforementioned authorities, all items necessary for giving first aid to the injured, and shall establish the procedure for the immediate removal to a hospital or a doctor's care of persons who may be injured on the jobsite.
1. In accordance with the provisions of Section 6705 of the Labor Code, the Contractor shall submit, in advance of excavation 5 feet or more in depth, detailed plans showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from hazard of caving ground during such excavation. If such plans vary from the shoring system standards set forth in the Construction Safety Orders in Title 8, California Code of Regulations, the plans shall be prepared and signed by a registered civil or structural engineer. Shoring, bracing, sloping, or other protective system shall not be less effective than required by the California Construction Safety orders. The Contractor shall designate in writing to the Construction Manager the "competent person" with the authority and responsibilities designated in the Construction Safety Orders.
2. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by ATTACHMENT 1
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telephone or messenger to both the Construction Manager and the City. In addition, the Contractor must promptly report in writing to the Construction Manager all accidents whatsoever arising out of, or in connection with, the performance of the Work whether on, or adjacent to, the Site, giving full details and statements of witnesses. The Contractor shall make all reports as are, or may be, required by any authority having jurisdiction, and permit all safety inspections of the work being performed under this Contract.
3. If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Construction Manager, giving full details of the claim.
Section 6.14 Safety Representative
A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.
Section 6.15 Hazard Communication Programs
A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations.
Section 6.16 Emergencies
A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Construction Manager prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued.
B. If Contractor fails to take appropriate action in an emergency, the Owner also reserves the right to perform any portion of the work that threatens the safety or health of the public or Owner, and the safety of the work or any property or equipment. In the event the Owner performs work in an emergency, an appropriate Change Order shall be issued unilaterally deducting from the payments then or thereafter due the Contractor the cost for performing such Work, including compensation for the Engineer's, the Construction Manager’s, and City's additional services made necessary by such emergency
Section 6.17 Shop Drawings and Samples
A. Contractor shall submit required Shop Drawings and Samples to Engineer for review and approval in accordance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require.
1. Shop Drawings:
a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show Engineer the services, materials, and equipment Contractor proposes to provide and to enable Engineer to review the information for the limited purposes required by Paragraph 6.17.D.
c. Shop Drawings submitted as herein provided by Contractor and reviewed by Engineer for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by Owner.
d. When Shop Drawings are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the drawings and Specifications.
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e. For-Information-Only submittals upon which the Engineer is not expected to conduct review or take responsive action may be so identified in the Contract Documents.
2. Samples: Contractor shall also submit required Samples to Engineer for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D.
B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to Engineer’s review and approval of the pertinent submittal will be at the sole expense and responsibility of Contractor.
C. Submittal Procedures:
1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified:
a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents.
2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review and approval of that submittal.
3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing’s or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted to Engineer for review and approval of each such variation; otherwise Contractor will not be relieved of the responsibility of executing the Work in accordance with the Contract Documents, even though such Shop Drawings or Samples have been otherwise reviewed. a. If a Shop Drawing or Sample, as submitted, indicates a variation from the Contract Requirements as set forth in the Contract Documents and Engineer finds same to be in the interest of Owner and to be so minor as not to involve a change in the Contract Price or time for performance, Engineer may approve the Shop Drawings or Samples; provided however, such departure is slight in nature and does not affect the design concept of the Work.
b. Contractor shall submit all Shop Drawings and Samples sufficiently in advance of construction requirements to allow ample time for checking, correcting, resubmitting and rechecking and to avoid any delay in progress of the Work.
4. Shop Drawings and Sample submittals not conforming to requirements of this paragraph 6.17D and Section 01340 will be returned to Contractor without action for resubmittal and the resulting delay shall be entirely the responsibility of Contractor.
D. Engineer’s Review
1. Engineer will provide timely review of required Shop Drawings and Samples in accordance with the Schedule ATTACHMENT 1
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of Submittals acceptable to Engineer. Engineer’s review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents.
2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.
3. Engineer’s review and approval shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph
6.17.C.3 and Engineer has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample. Engineer’s review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1.
4. Engineer's check and review of Shop Drawings and Samples, Standard Specifications and descriptive literature submitted by Contractor will be only for general conformance with design concept, except as otherwise provided, and shall not be construed as:
a. permitting any departure from the Contract Requirements; b. relieving Contractor of the responsibility for any error in details, dimensions or otherwise that may exist in such submittals;
c. constituting a blanket approval of dimensions, quantities, or details of the material or equipment shown; or d. approving departures from additional details or instructions previously furnished by Engineer. Such check or review shall not relieve Contractor of the full responsibility of meeting all of the requirements of the Contract Documents.
E. Resubmittal Procedures
1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals.
Section 6.18 Continuing the Work
A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Paragraph 15.04 or as Owner and Contractor may otherwise agree in writing.
Section 6.19 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. Construction Manager and Engineer, and their Related Entities, shall be entitled to rely on representation of Contractor’s warranty and guarantee.
B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or
2. normal wear and tear under normal usage.
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C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute.
None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents:
1. observations by Construction Manager and Engineer;
2. recommendation by Construction Manager or payment by Owner of any progress or final payment;
3. the issuance of a certificate of Substantial Completion by Construction Manager or any payment related thereto by Owner;
4. use or occupancy of the Work or any part thereof by Owner;
5. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by Engineer;
6. any inspection, test, or approval by the Construction Manager, Engineer or others; or
7. any correction of defective Work by Owner.
Section 6.20 Indemnification
A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner, Construction Manager and Engineer, and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom but only to the extent caused by any act or omission of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable .
B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts.
C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Construction Manager and Engineer and their respective officers, directors, partners, employees, agents, consultants and subcontractors arising out of:
1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or
2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage.
Section 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the permanent Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law.
B. If professional design services or certifications by a design professional related to permanent systems, materials or equipment incorporated into the Work are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such ATTACHMENT 1
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services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional.
Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to Engineer.
C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy.
D. Pursuant to this Paragraph 6.21, Engineer’s review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer’s review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.1.
E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents.
Section 6.22 Waste Disposal Services
A. Contractor shall use City garbage services for the disposal of construction waste. Contractor shall recycle waste as appropriate. Contractor shall provide a monthly update to the City of the quantity of waste recycled and general waste.
ARTICLE 7. OTHER WORK AT THE SITE
Section 7.01 Related Work at Site
A. Owner may perform other work related to the Project at the Site with Owner’s employees, or via other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then:
1. written notice thereof will be given to Contractor prior to starting any such other work; and
2. if Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in Paragraph 10.05.
B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner and Owner, if Owner is performing other work with Owner’s employees, proper and safe access to the Site, a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work.
Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Construction Manager and the others whose work will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors.
C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Construction Manager in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work.
Section 7.02 Coordination
A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions:
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1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified;
2. the specific matters to be covered by such authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities will be provided.
B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination.
Section 7.03 Legal Relationships
A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner.
B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor’s actions or inactions.
C. Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor’s action or inactions.
ARTICLE 8. OWNER’S RESPONSIBILITIES
Section 8.01 Communications to Contractor
A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Construction Manager.
Section 8.02 Replacement of Construction Manager or Engineer A. In case of termination of the employment of either Construction Manager or Engineer, Owner shall appoint a Construction Manager or engineer to whom Contractor makes no reasonable objection, whose status under the Contract Documents shall be that of the former Construction Manager or Engineer.
Section 8.03 Furnish Data
A. Owner shall promptly furnish the data required of Owner under the Contract Documents.
Section 8.04 Pay When Due
A. Owner shall make payments to Contractor when they are due as provided in Paragraphs 14.02.C and 14.07.C.
Section 8.05 Lands and Easements; Reports and Tests
A. Owner’s duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to Owner’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by Engineer in preparing the Contract Documents.
Section 8.06 Insurance
A. Owner’s responsibilities, if any, in respect to purchasing and maintaining liability and property insurance are set forth in Article 5.
Section 8.07 Change Orders
A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03.
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Section 8.08 Inspections, Tests, and Approvals
A. Owner’s responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B.
Section 8.09 Limitations on Owner’s Responsibilities
A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.
Section 8.10 Undisclosed Hazardous Environmental Condition A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06.
Section 8.11 Evidence of Financial Arrangements
A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents, Owner’s responsibility in respect thereof will be as set forth in the Supplementary Conditions.
ARTICLE 9. CONSTRUCTION MANAGER’S AND ENGINEER’S STATUS DURING
CONSTRUCTION
Section 9.01 Owner’s Representative
A. Construction Manager and Engineer will be Owner’s representatives during the construction period. The duties and responsibilities and the limitations of authority of Construction Manager and Engineer as Owner’s representatives during construction are set forth in the Contract Documents and will not be changed without written consent of Owner, Construction Manager and Engineer.
Section 9.02 Visits to Site
A. Engineer may make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will endeavor to guard Owner against defective Work.
B. Construction Manager will make visits to the Site at intervals appropriate to the various stages of construction as Construction Manager deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Construction Manager, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Construction Manager will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Construction Manager’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Construction Manager will keep Owner informed of the progress of the Work, and will endeavor to guard Owner against defective Work.
C. Engineer’s and Construction Manager’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 9.09. Particularly, but without limitation, during or as a result of Engineer's visits or observations of Contractor's Work Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety ATTACHMENT 1
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precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work.
Section 9.03 Construction Manager’s Project Representative A. If Owner and Construction Manager agree, Construction Manager will furnish a Resident Project Representative to assist Construction Manager in providing more extensive observation of the Work. The authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another representative or agent to represent Owner at the Site who is not Construction Manager’s consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions.
B. Construction Manager’s Resident Project Representative shall not authorize any deviation from the Contract Documents or substitutions of materials or equipment.
Section 9.04 Authorized Variations in Work
A. Construction Manager or Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05.
Section 9.05 Rejecting Defective Work
A. Construction Manager will have authority to reject Work which Construction Manager or Engineer believes to be defective, or that Construction Manager or Engineer believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Construction Manager will also have authority to require special inspection or testing of the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed.
B. The acceptance at any time of materials or equipment by or on behalf of Owner shall not be a bar to future rejection if they are subsequently found to be defective, inferior in quality, or not equal to the material or equipment specified, or are not as represented to Construction Manager, Engineer or Owner.
Section 9.06 Shop Drawings, Change Orders and Payments
A. In connection with Engineer’s authority, and limitations thereof, as to Shop Drawings and Samples, see Paragraph 6.17.
B. In connection with Engineer’s authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21.
C. In connection with Engineer’s authority as to Change Orders, see Articles 10, 11, and 12.
D. In connection with Construction Manager’s authority as to Applications for Payment, see Article 14.
Section 9.07 Determinations for Unit Price Work
A. Construction Manager will determine the actual quantities and classifications of Unit Price Work performed by Contractor. Construction Manager will review with Contractor the Engineer’s preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise).
Construction Manager’s written decision thereon will be final and binding (except as modified by Construction Manager to reflect changed factual conditions or more accurate data) upon Owner and Contractor, subject to the provisions of Paragraph 10.05.
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Section 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work A. Engineer will be the initial interpreter of the requirements of the Contract Documents with respect to matters of design intent. Construction Manager will be the initial interpreter of the requirements of the Contract Documents with respect to administrative matters and judge of the acceptability of the Work thereunder. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Construction Manager in writing within 30 days of the event giving rise to the question.
B. Construction Manager or Engineer through Construction Manager will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Construction Manager’s or Engineer’s decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05.B.
C. Construction Manager’s or Engineer’s written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05.
D. When functioning as interpreter and judge under this Paragraph 9.08, Construction Manager and Engineer will not show partiality to Owner or Contractor and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity.
Section 9.09 Limitations on Construction Manager’s and Engineer’s Authority and Responsibilities A. Neither Construction Manager’s and Engineer’s authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by Construction Manager or Engineer in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Construction Manager or Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Construction Manager or Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them.
B. Construction Manager and Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Construction Manager and Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.
C. Construction Manager and Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work.
D. Construction Manager’s review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by Paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents.
E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, if any, and assistants, if any.
ARTICLE 10. CHANGES IN THE WORK; CLAIMS
Section 10.01 Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Change Order or a Work Change Directive. Upon receipt of any such document, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided).
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1. Change Proposal Request:
a. When Owner requests Contractor to present a proposal to accomplish a change in the Work, the request will be made in the form of a Change Proposal Request (CPR) prepared by Construction Manager. The CPR will describe the change and request Contractor to propose a cost and Contract Price and/or Contract Time change. Contractor will propose cost and/or time changes, if any, sign the CPR and return it to Construction Manager. If requested by Owner or Construction Manager, Contractor shall provide an itemized breakdown of the cost of the change. Construction Manager will make recommendations to Owner concerning acceptance. If the CPR is approved by Owner, the CPR will be included in a Change Order. Contractor is not authorized to proceed with a change contained in a CPR until the Change Order is properly signed and issued in conformance with the Owner’s purchasing policies. b. When the Contractor desires to propose changes to the Work, it may initiate a CPR in the same form as provided in Paragraph 10.01A.1.a. and submit the CPR to the Construction Manager for the Engineer's review and recommendation.
2. Work Change Directive:
a. The Owner may issue a work change directive as an order to perform additional work that is deemed necessary if the Owner and Contractor cannot agree upon a cost or schedule for proposed additional work or when they agree that delays could cause damage such that work must proceed immediately. Work change directives are valid if signed by a signatory approved by Owner. The Owner’s signatory may authorize a work change directive for work on a Not-to-Exceed basis, where the Engineer’s estimate for probable cost for said work is within the signatory’s authority and threshold in conformance of the City’s purchasing policies. Upon issuance of a valid Work Change Directive, Contractor shall proceed with work.
A work change directive shall be followed by a valid change order for an agreed upon or force account adjustment to Contract payment or schedule for the additional work, as provided in Section 12.01.
3. Force Account:
a. Work paid for by force account may be authorized by Owner under a valid work change directive. For work paid by force account, the Construction Manager compares the Owner’s records to Contractor’s daily force-account work report. When the Contractor and the Owner agree on the contents of the daily forceaccount work reports, the Owner accepts the report and the Owner pays for the work. If the records differ, the Owner pays for the work based only on the information shown on the Owner's records. If a subcontractor performs work at force account, the markups specified for labor, materials, and equipment include compensation for all delay costs, overhead costs, and profit. If an item's unit price is adjusted for work-character changes, the Owner excludes Contractor’s cost of determining the adjustment. Payment for owner-operated labor and equipment is made at the market-priced invoice submitted. b. If the Owner chooses to pay for change order work based on an agreed price, but Contractor and the Owner cannot agree on the price, the Owner may choose to pay by force account. If a portion of extra work is covered by bid items, the Owner pays for this work as changed quantities in those items. The Owner pays for the remaining portion of the extra work by force account or agreed price. c. Force account work shall conform to this Agreement, including the articles of these general conditions. In cases where this Agreement does not specify applicable requirements, terms or conditions, force account work shall conform to those applicable requirements as set forth in the most current version of Section 9-
1.04 of the California Department of Transportation Standard Specifications.
B. If Owner and Contractor are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in Paragraph 10.05.
Section 10.02 Unauthorized Changes in the Work
A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided ATTACHMENT 1
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in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16 or in the case of uncovering Work as provided in Paragraph 13.04.B.
Section 10.03 Execution of Change Orders
A. It is at the sole discretion of the City Council, or a delegate explicitly authorized by City Council, to execute Change Orders. The City and the Construction Manager will review all change orders, and, if the changes are deemed reasonable and appropriate by the City, the City will proceed to execute the appropriate change orders accordingly. Change orders recommended by the Construction Manager to the City shall consist of:
1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08.A or Owner’s correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties;
2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and
3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by Construction Manager or by Engineer through Construction Manager pursuant to Paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, Contractor shall carry on the Work and adhere to the Progress Schedule as provided in Paragraph
6.18.A.
Section 10.04 Notification to Surety
A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any bond to be given to a surety, the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change.
Section 10.05 Claims
A. Construction Manager’s Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Construction Manager for decision. A decision by Construction Manager shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims.
B. Notice: Written notice stating the general nature of each Claim shall be delivered by the claimant to Construction Manager and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, with supporting data shall be delivered to the Construction Manager and the other party to the Contract within 60 days after the start of such event (unless Construction Manager allows additional time for claimant to submit additional or more accurate data in support of such Claim). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Construction Manager and the claimant within thirty (30) days after receipt of the claimant’s last submittal (unless Construction Manager allows additional time).
C. Construction Manager’s Action: Construction Manager will review each Claim and, within thirty (30) days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing:
1. deny the Claim in whole or in part,
2. recommend approval of the Claim to the City, or
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3. notify the parties that the Construction Manager is unable to resolve the Claim if, in the Construction Manager’s sole discretion, it would be inappropriate for the Construction Manager to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial.
D. In the event that Construction Manager does not take action on a Claim within said thirty (30) days, the Claim shall be deemed denied.
E. Construction Manager’s written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within thirty (30) days of such action or denial.
F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05.
ARTICLE 11. COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK Section 11.01 Cost of the Work
A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work, or the reasonable cost that would have been incurred in the case of deleted Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by Owner, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in Paragraph 11.01.B.
1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by Owner and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, training, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above. For Change Order pricing, the Labor Surcharge (social security contributions, unemployment excise, and payroll taxes) shall be twenty-seven (27) percent of the sum of the wages, vacation, and fringe benefits (workers’ compensation, training, health and retirement benefits, sick leave, bonuses, and holiday pay).
2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. All cash discounts shall accrue to Contractor unless Owner deposits funds with Contractor with which to make payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained.
3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Construction Manager, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01.
4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work.
5. Supplemental costs including the following:
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a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Construction Manager, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof.
All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable, imposed by Laws and Regulations.
e. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses.
f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with Paragraph
5.06.D), provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of Owner. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee.
g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expresses, and similar petty cash items in connection with the Work. i. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. For Change Order pricing, bonds and insurance shall be 1 percent of the Change Order value for both additive and credit changes that are above the original Contract value and 0 percent of the Change Order value for both additive and credit changes that are below the original Contract value.
B. Costs Excluded: The term Cost of the Work shall not include any of the following items:
1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph
11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor’s fee.
2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site.
3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments.
4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property.
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5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A and 11.01.B.
C. Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C.
D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and
11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Construction Manager an itemized cost breakdown together with supporting data.
Section 11.02 Allowances
A. It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to Owner and Construction Manager.
B. Cash Allowances
1. Contractor agrees that:
a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor’s costs for unloading and handling on the Site, labor, installation , overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid.
C. Contingency Allowance
1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs.
D. Prior to final payment, an appropriate Change Order will be issued as recommended by Construction Manger to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted.
Section 11.03 Unit Price Work
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by Construction Manager subject to the provisions of Paragraph 9.07.
C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as a part of the unit price.
D. Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Paragraph 10.05 if:
1. the total cost of a particular item of Unit Price Work amounts to ten percent (10%) or more of the Contract Price at time of Notice of Award and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than twenty-five percent (25%) from the estimated quantity of such ATTACHMENT 1
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item indicated in the Agreement; and if there is no corresponding adjustment with respect to any other item of Work; and if Contractor believes that Contractor has incurred additional expense as a result thereof; or if Owner believes that the quantity variation entitles Owner to an adjustment in the unit price, either Owner or Contractor may make a claim for an adjustment in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed.; and
2. there is no corresponding adjustment with respect any other item of Work; and
3. Contractor believes that Contractor is entitled to an increase in Contract Price as a result of having incurred additional expense or Owner believes that Owner is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease.
ARTICLE 12. CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES Section 12.01 Change of Contract Price
A. The Contract Price may only be changed by a Change Order. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the Construction Manager and the other party to the Contract in accordance with the provisions of Paragraph 10.05.
B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows:
1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or
2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum including overhead and profit not necessarily in accordance with Paragraph 12.01.C.2, and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of extra Work; or
3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (either by estimate before the work is performed or force account) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C).
C. Contractor’s Fee: The Contractor’s fee for overhead and profit shall be determined as follows:
1. a mutually acceptable fixed fee; or
2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work:
a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor’s fee shall be fifteen percent (15%);
b. for costs incurred under Paragraph 11.01.A.3, the Contractor’s fee shall be five percent (5%); c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of fifteen percent (15%) of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B; ATTACHMENT 1
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e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the reasonable cost that would have been incurred to perform the Work plus a deduction in Contractor’s fee by an amount equal to five percent (5%) of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in Contractor’s fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive.
g. costs and mark up percentages for force account work shall conform to this Agreement, including the articles of these general conditions. In cases where this Agreement does not specify applicable requirements, terms or conditions, force account work shall conform to those applicable requirements as set forth in the most current version of Section 9-1.04 of the California Department of Transportation Standard Specifications and the California Department of Transportation Labor Surcharge and Equipment Rental Rates.
Section 12.02 Change of Contract Times
A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Construction Manager and the other party to the Contract in accordance with the provisions of Paragraph 10.05.
B. Any adjustment of the Contract Times covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12.
C. No extension of the Contract Time will be allowed for additional Work or for claimed delay unless the additional Work contemplated or claimed delay is shown to be on the critical path of the Project's schedule of construction or Contractor can show by Critical Path Method analysis how the additional Work or claimed delay adversely affects the critical path.
Section 12.03 Delays
A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in Paragraph 12.02.A. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by Owner, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.
B. If Owner, Construction Manager, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times, or both. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.
C. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor’s ability to complete the Work within the Contract Times.
Such an adjustment shall be in accordance with Paragraph 12.02 C., and shall be Contractor’s sole and exclusive remedy for the delays described in this Paragraph 12.03.C.
D. Owner, Construction Manager, Engineer and the Related Entities of each of them shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project.
E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor, or for concurrent delays. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor.
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ARTICLE 13. TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
Section 13.01 Notice of Defects
A. Prompt notice of all defective Work of which Owner or Engineer has actual knowledge will be given to Contractor. All defective Work may be rejected, corrected, or accepted as provided in this Article 13.
Section 13.02 Access to Work
A. Owner, Construction Manager, Engineer, their consultants and other representatives and personnel of Owner, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s Site safety procedures and programs so that they may comply therewith as applicable.
Section 13.03 Tests and Inspections
A. Contractor shall give Construction Manager timely notice of readiness of the Work in accordance with the Contract Documents for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests.
B. Owner shall employ and pay for the services of an independent testing laboratory to perform Quality Assurance inspections, tests, or approvals on behalf of the Owner as specified under the Contract Documents except:
1. for inspections, tests, or approvals covered by Paragraphs 13.03.C and 13.03.D below;
2. that costs incurred in connection with tests or inspections conducted pursuant to Paragraph 13.04.B shall be paid as provided in said Paragraph 13.04.C; and
3. as otherwise specifically provided in the Contract Documents.
All inspection and testing required to maintain the contractor’s quality control and execute the construction in conformance with the Contract Documents are the contractors responsibility. Where the contractor fails to meet quality assurance requirements, and additional inspection, testing or approvals are necessary to provide the required quality assurance as specified in the Contract Documents, the contractor shall bear the cost for said additional inspection, testing or approvals.
C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish Engineer the required certificates of inspection or approval.
D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner’s and Construction Manager’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Construction Manager.
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of Construction Manager, it must, if requested by Construction Manager, be uncovered for observation.
F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense unless Contractor has given Construction Manager timely notice of Contractor’s intention to cover the same and Construction Manager has not acted with reasonable promptness in response to such notice.
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Section 13.04 Uncovering Work
A. If any Work is covered prior to the specified inspection, testing or approvals required in the Contract Documents or contrary to the written request of Construction Manager, it must, if requested by Construction Manager, be uncovered for Construction Manager’s observation and replaced at Contractor’s expense.
B. If Construction Manager considers it necessary or advisable that covered Work be observed by Construction Manager or inspected or tested by others, Contractor, at Construction Manager’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as Construction Manager may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment.
C. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or Owner shall be entitled to accept defective Work in accordance paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05.
D. If the uncovered Work, which had previously been inspected, tested or approved by the as specified and was deemed by the Engineer and Construction Manager to conform with the requirements set forth in the Contract Documents, is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Times, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05.
Section 13.05 Owner May Stop the Work
A. If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of Owner to stop the Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them.
Section 13.06 Correction or Removal of Defective Work
A. Promptly after receipt of notice, Contractor shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by Construction Manager or Engineer, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others).
B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work.
Section 13.07 Correction Period
A. If within one year after the date of Final Acceptance of the Work by Owner (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents) or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by Owner or permitted by Laws and Regulations as contemplated in Paragraph
6.11.A is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions:
1. repair such defective land or areas; or
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2. correct such defective Work; or
3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective,
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom, and
5. Contractor shall provide a Warranty Form to the Owner with all appropriate Contractor contact information for the Owners Staff to contact the Contractor in relation to warranty items.
B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, Owner may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor.
C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications.
D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed.
E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose.
Section 13.08 Acceptance of Defective Work
A. If (prior to Construction Manager’s recommendation of final payment), instead of requiring correction or removal and replacement of defective Work, Owner prefers to accept it, Owner may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to Owner’s evaluation of and determination to accept such defective Work (such costs to be approved by Construction Manager as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance occurs prior to Construction Manager’s recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and Owner shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05.
If the acceptance occurs after such recommendation, an appropriate amount will be paid by Contractor to Owner.
Section 13.09 Owner May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from Construction Manager to correct defective Work or to remove and replace rejected Work as required by Engineer in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, Owner may, after seven days written notice to Contractor, correct or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or remedial action, Owner may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, take possession of Contractor’s tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner’s ATTACHMENT 1
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representatives, agents and employees, Owner’s other contractors, Construction Manager and Engineer and Engineer’s consultants access to the Site to enable Owner to exercise the rights and remedies under this Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by Owner in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, Owner may make a Claim therefor as provided in Paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s defective Work.
D. Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the Work attributable to the exercise by Owner of Owner’s rights and remedies under this Paragraph 13.09.
ARTICLE 14. PAYMENTS TO CONTRACTOR AND COMPLETION
Section 14.01 Schedule of Values
A. The Schedule of Values established as provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Construction Manager. Progress payments on account of Unit Price Work will be based on the number of units completed.
Section 14.02 Progress Payments
A. Applications for Payments
1. At least twenty (20) days before the date established in the Agreement for each progress payment (but not more often than once a month), Contractor shall submit to Construction Manager for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect Owner’s interest therein, all of which must be satisfactory to Owner.
2. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment.
3. Retention - The Owner will deduct from each progress payment and retain as part security, five percent (5%) of the amount earned until the final payment.
4. Pursuant to Public Contract Code Section 22300, for moneys earned by the Contractor and withheld by the Owner to ensure the performance of the Contract, the Contractor, may, at their option, choose to substitute securities meeting the requirements of said Section 22300. In the event the Contractor wishes to choose this option, the Contractor shall enter into an escrow agreement with the Owner and the escrow agent, a qualified bank to be acceptable to the Owner, in the form of the agreement included in the project specifications. The costs of such escrow shall be paid by the Contractor. The securities to be deposited in said escrow account shall be equivalent, in fair market value, to the amount to be withheld as performance retention. The securities shall be held in accordance with the provisions of Public Contract Code Section 22300, and the implementing agreement.
5. Contractor shall have the obligation of ensuring that such securities deposited are sufficient so as to maintain, in total fair market value, an amount equal to the cash amount of the sums to be withheld under the Contract. If, upon written notice from the Owner, or from the appropriate escrow agent, indicating that the fair market value ATTACHMENT 1
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of the securities has dropped below the dollar amount of moneys to be withheld by the Owner to ensure performance, Contractor shall, within five (5) days of the date of such notice, post additional securities as necessary to ensure that the total fair market value of all such securities held by the Owner, or in escrow, is equivalent to the amount of money to be withheld by the Owner under the Contract.
6. Any Contractor wishing to exercise this option shall give notice in writing to Owner, and shall thereafter execute an escrow agreement in the form of the form included with these Contract Documents
7. Materials, as used herein, shall be considered to be those items that are fabricated and manufactured goods and equipment. Only those materials for which the Contractor can demonstrate are properly stored and secured in conformance with the Contract documents, and can transfer clear title to the City will be qualified for partial payment. The Contractor may request payment of seventy-five percent (75%) of the actual net cost of these materials, not to exceed fifty percent (50%) of the total adjusted line item extension as found in the bid schedule.
8. To receive partial payment for materials and equipment delivered to the Site, but not incorporated in the Work, it shall be necessary for the Contractor to submit to the Construction Manager a list of such materials, at least seven (7) business days prior to submitting the monthly estimate of amount earned for work completed. At the Construction Manager's sole discretion, the Construction Manager will approve items for which partial payment is to be made subject to the following:
a. Only equipment or materials that have received favorable review of shop drawings will qualify. b. Eligible equipment or materials must be delivered and properly stored, protected, and maintained in a manner favorably reviewed by the Construction Manager, at the job site or at a bonded warehouse. c. The Contractor's actual net cost for the materials must be supported by invoices of suppliers, or other documentation requested by the Construction Manager.
d. Materials or equipment delivered to the Site less than thirty (30) days prior to their scheduled incorporation in the Work shall not qualify.
e. Final payment shall be made only for materials actually incorporated in the Work. Upon acceptance of the Work, all materials remaining for which advance payments had been made shall revert to the Contractor, unless otherwise agreed, and partial payments made for these items shall be deducted from the final payment for the Work.
f. Partial payments for materials and equipment on hand shall not be deemed to be final payment for the material nor relieve the Contractor of its obligations under the Contract. g. Partial payments for materials and equipment on hand shall be subject to retention in accordance with the Contract Documents
9. After receipt of the last progress payment, but prior to acceptance of the Work by the City, the Contractor shall send a letter to the Construction Manager. The letter, pursuant to California Public Contract Code Section 7100, shall state that acceptance of the final payment described below shall operate as and shall be, a release to the City, the Construction Manager, the Designer, and their duly authorized agents, from all claim of and/or liability to the Contract arising by virtue of the Contract related to those amounts. Disputed Contract claims in stated amounts previously filed as provided in Paragraph 00700-7.03b, Claims, may be specifically excluded by the Contractor from the operation of the release.
B. Review of Applications
1. Construction Manager will, within ten (10) business days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Contractor indicating in writing City’s reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application.
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2. Construction Manager’s recommendation of any payment requested in an Application for Payment will constitute a representation by Construction Manager to Owner, based on Construction Manager’s observations on the Site of the executed Work as an experienced and qualified design professional and on Construction Manager’s review of the Application for Payment and the accompanying data and schedules, that to the best of Construction Manager’s knowledge, information and belief:
a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and to any other qualifications stated in the recommendation); and c. the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Construction Manager’s responsibility to observe the Work.
3. By recommending any such payment Construction Manager will not thereby be deemed to have represented that:
a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Construction Manager in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by Owner or entitle Owner to withhold payment to Contractor.
4. Neither Construction Manager’s review of Contractor’s Work for the purposes of recommending payments nor Construction Manager’s recommendation of any payment, including final payment, will impose responsibility on Construction Manager:
a. to supervise, direct, or control the Work, or
b. for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or
c. for Contractor’s failure to comply with Laws and Regulations applicable to Contractor’s performance of the Work, or
d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or
e. to determine that title to any of the Work, materials, or equipment has passed to Owner free and clear of any Liens.
5. Construction Manager may refuse to recommend the whole or any part of any payment if, in Construction Manager’s opinion, it would be incorrect to make the representations to Owner stated in Paragraph 14.02.B.2.
Construction Manager may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Construction Manager’s opinion to protect Owner from loss because:
a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Change Orders; c. Owner has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or
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d. Construction Manager has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A.
C. Payment Becomes Due
1. Forty-five (45) days after presentation of the Application for Payment to Owner with Construction Manager’s recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor. Payment will be made by the Owner to the Contractor in accordance with Owner’s normal accounts payable procedure.
D. Reduction in Payment
1. Owner may refuse to make payment of the full amount recommended by Construction Manager because:
a. claims have been made against Owner on account of Contractor’s performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens; c. there are other items entitling Owner to a set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.5.a through 14.02.B.5.c or Paragraph 15.02.A.
2. If Owner refuses to make payment of the full amount recommended by Construction Manager, Owner will give Contractor written notice (with a copy to Construction Manager) within (10) days after receipt of each Application for Payment stating the reasons for such action and promptly pay Contractor any amount remaining after deduction of the amount so withheld. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner’s satisfaction the reasons for such action.
3. If it is subsequently determined that Owner’s refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by Paragraph 14.02.C.1.
Section 14.03 Contractor’s Warranty of Title
A. Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Owner no later than the time of payment free and clear of all Liens.
Section 14.04 Substantial Completion
A. When Contractor considers the entire Work ready for its intended use Contractor shall notify Owner and Construction Manager in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that Construction Manager issue a certificate of Substantial Completion.
B. Promptly after Contractor’s notification, Owner, Contractor, and Construction Manager shall make an inspection of the Work to determine the status of completion. If Construction Manager does not consider the Work substantially complete, Construction Manager will notify Contractor in writing giving the reasons therefor.
C. If Construction Manager considers the Work substantially complete, Construction Manager will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven (7) days after receipt of the tentative certificate during which to make written objection to Construction Manager as to any provisions of the certificate or attached list. If, after considering such objections, Construction Manager concludes that the Work is not substantially complete, Construction Manager will within fourteen (14) days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner’s objections, Construction Manager considers the Work substantially complete, Construction Manager will within said ATTACHMENT 1
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fourteen (14) days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as Construction Manager believes justified after consideration of any objections from Owner.
D. At the time of delivery of the tentative certificate of Substantial Completion, Construction Manager will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless Owner and Contractor agree otherwise in writing and so inform Construction Manager in writing prior to Construction Manager’s issuing the definitive certificate of Substantial Completion, Construction Manager’s aforesaid recommendation will be binding on Owner and Contractor until final payment.
E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list.
Section 14.05 Partial Utilization
A. Prior to Substantial Completion of all the Work, Owner may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which Owner, Engineer, and Contractor agree constitutes a separately functioning and usable part of the Work that can be used by Owner for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work, subject to the following conditions.
1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when Contractor agrees that such part of the Work is substantially complete, Contractor will certify to Owner and Engineer that such part of the Work is substantially complete and request Construction Manager to issue a certificate of Substantial Completion for that part of the Work.
2. Contractor at any time may notify Owner and Construction Manager in writing that Contractor considers any such part of the Work ready for its intended use and substantially complete and request Construction Manager to issue a certificate of Substantial Completion for that part of the Work.
3. Within a reasonable time after either such request, Owner, Contractor, and Construction Manager shall make an inspection of that part of the Work to determine its status of completion. If Construction Manager does not consider that part of the Work to be substantially complete, Construction Manager will notify Owner and Contractor in writing giving the reasons therefor. If Construction Manager considers that part of the Work to be substantially complete, the provisions of Paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto.
4. No use or occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of Paragraph 5.10 regarding property insurance.
Section 14.06 Final Inspection
A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Construction Manager will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.
Section 14.07 Final Payment
A. Application for Final Payment
1. After Contractor has, in the opinion of Construction Manager, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in Paragraph 6.12), and other documents, Contractor may ATTACHMENT 1
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make application for final payment following the procedure for progress payments.
2. The final Application for Payment shall be accompanied (except as previously delivered) by:
a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7;
b. consent of the surety, if any, to final payment;
c. a list of all Claims against Owner that Contractor believes are unsettled; and d. complete and legally effective releases or waivers (satisfactory to Owner) of all Lien rights arising out of or Liens filed in connection with the Work.
3. In lieu of the releases or waivers of Liens specified in Paragraph 14.07.A.2 and as approved by Owner, Contractor may furnish receipts or releases in full and an affidavit of Contractor that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which Owner or Owner's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to Owner to indemnify Owner against any Lien.
B. Construction Manager’s Review of Application and Acceptance
1. If, on the basis of Construction Manager’s observation of the Work during construction and final inspection, and Construction Manager’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Construction Manager is satisfied that the Work has been completed and Contractor’s other obligations under the Contract Documents have been fulfilled, Construction Manager will, within ten (10) days after receipt of the final Application for Payment, indicate in writing Construction Manager’s recommendation of payment and present the Application for Payment to Owner for payment. At the same time Construction Manager will also give written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Construction Manager will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application for Payment.
C. Payment Becomes Due
1. Forty-five (45) days after final project acceptance by City Council and within sixty (60) days after the presentation to Owner of the Application for Payment and accompanying documentation, the amount recommended by Construction Manager, less any sum Owner is entitled to set off against Construction Manager’s recommendation, including but not limited to liquidated damages, will become due and will be paid by Owner to Contractor. In the case of a disputed claim, the City may withhold a portion of final payment in an amount not to exceed 150 percent of any amount disputed in accordance with California Public Contracts Code Section 7107 (c).
Section 14.08 Final Completion Delayed
A. If, through no fault of Contractor, final completion of the Work is significantly delayed, and if Construction Manager so confirms, Owner shall, upon receipt of Contractor’s final Application for Payment (for Work fully completed and accepted) and recommendation of Construction Manager, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by Owner for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required in Paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to Construction Manager with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims.
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Section 14.09 Waiver of Claims
A. The making and acceptance of final payment will constitute:
1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor’s continuing obligations under the Contract Documents; and
2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance with the requirements herein and expressly acknowledged by Owner in writing as still unsettled.
ARTICLE 15. SUSPENSION OF WORK AND TERMINATION
Section 15.01 Owner May Suspend Work
A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05.
Section 15.02 Owner May Terminate for Cause
A. The occurrence of any one or more of the following events will justify termination for cause:
1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph
6.04);
2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction;
3. Contractor’s disregard of the authority of Construction Manager or Engineer; or
4. Contractor’s violation in any substantial way of any provisions of the Contract Documents.
B. If one or more of the events identified in Paragraph 15.02A. occur, Owner will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work.
Conference shall be held not later than fifteen (15) days, after receipt of notice.
1. If the Owner, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the Construction Contract, the Owner may, to the extent permitted by Laws and Regulations, declare a Contractor Default and formally terminate the Contractor's right to complete the Contract. Contractor Default shall not be declared earlier than twenty (20) days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work.
2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within fifteen (15) consecutive calendar days after date of an additional written notice demanding Surety's performance of its obligations, then Owner, without process or action at law, may take over any portion of the Work and complete it as described below. a. If Owner completes the Work, Owner may exclude Contractor and Surety from the site and take possession of the Work and of all tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by Contractor and Surety (without liability to Contractor and Surety for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor or Surety but which are stored elsewhere, and finish the Work as Owner may deem expedient.
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3. Whether Owner or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by Owner arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and when so approved by Engineer incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed.
4. Neither Owner, Engineer, nor any of their respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor.
5. Owner, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim for damages on account of the method used by Owner in completing the Contract.
6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law.
C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by Engineer as to their reasonableness and, when so approved by Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph Owner shall not be required to obtain the lowest price for the Work performed.
D. Notwithstanding Paragraphs 15.02.B and 15.02.C, Contractor’s services will not be terminated if Contractor begins within seven (7) days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than thirty (30) days of receipt of said notice.
E. Where Contractor’s services have been so terminated by Owner, the termination will not affect any rights or remedies of Owner against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by Owner will not release Contractor from liability.
F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B, and 15.02.C.
Section 15.03 Owner May Terminate For Convenience
A. Upon seven (7) days written notice to Contractor, Construction Manager and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for (without duplication of any items):
1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work;
2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;
3. all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in ATTACHMENT 1
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settlement of terminated contracts with Subcontractors, Suppliers, and others; and
4. reasonable expenses directly attributable to termination.
B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination.
Section 15.04 Contractor May Stop Work or Terminate
A. If, through no act or fault of Contractor, (i) the Work is suspended for more than ninety (90) consecutive days by Owner or under an order of court or other public authority, or (ii) Construction Manager fails to act on any Application for Payment within thirty (30) days after it is submitted, or (iii) Owner fails for thirty (30) days to pay Contractor any sum finally determined to be due, then Contractor may, upon seven (7) days written notice to Owner and Construction Manager, and provided Owner or Construction Manager do not remedy such suspension or failure within that time, terminate the Contract and recover from Owner payment on the same terms as provided in Paragraph 15.03.
B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Construction Manager has failed to act on an Application for Payment within thirty (30) days after it is submitted, or Owner has failed for thirty (30) days to pay Contractor any sum finally determined to be due, Contractor may, seven (7) days after written notice to Owner and Construction Manager, stop the Work until payment is made of all such amounts due Contractor, including interest thereon. The provisions of this Paragraph 15.04 are not intended to preclude Contractor from making a Claim under Paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to Contractor’s stopping the Work as permitted by this Paragraph.
ARTICLE 16. DISPUTE RESOLUTION
Section 16.01 Methods and Procedures
A. The process for resolving claims shall comply with the California Public Contracts Code as amended by Section 9204 et. seq.. The Contractor shall furnish sufficient documentation, as determined by the Construction Manager, to support any claim.
B. Either Owner or Contractor may request mediation of any Claim submitted to Construction Manager for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement.
The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E.
C. Upon receipt of a claim pursuant, the Owner shall conduct a reasonable review of the claim and, within a period not to exceed forty-five (45) days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, the Owner and Contractor may, by mutual agreement, extend the time period provided in this subdivision.
D. If the Owner needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the forty-five (45) days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the Owner shall have up to three (3) days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
E. The Owner shall pay any undisputed portion of the claim. Payment shall be processed and made within sixty (60) days after the Owner issues its written statement.
F. If the Owner fails to issue a written statement, the claim shall be deemed rejected in its entirety. A claim that is denied by reason of the Owner’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
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G. If the Contractor disputes the Owner’s written response, or if the Owner fails to respond to a claim issued within the time prescribed, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the Owner shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute.
H. Within ten (10) business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the Owner shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within sixty (60) days after the Owner issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the Owner and Contractor sharing the associated costs equally. The Owner and Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
I. Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
J. If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, Contractor may present to the Owner a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that Contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the Owner shall furnish reasonable documentation to support the claim. Within forty-five (45) days of receipt of this written request, Contractor shall notify the subcontractor in writing as to whether the Contractor presented the claim to the Owner and, if Contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
K. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within the timeline as stipulated under the California Public Contracts Code. The date of termination of the mediation shall be determined by application of the mediation rules referenced above.
L. If the Claim is not resolved by mediation, Owner’s action under Paragraph 10.05.C or a denial pursuant to Paragraphs
10.05.C.3 or 10.05.D shall become final and binding thirty (30) days after termination of the mediation unless, within that time period, Owner or Contractor:
1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or
2. agrees with the other party to submit the Claim to another dispute resolution process, or
3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction.
ARTICLE 17. MISCELLANEOUS
Section 17.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if:
1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice.
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Section 17.02 Computation of Times
A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.
Section 17.03 Cumulative Remedies
A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.
B. No action or failure to act by the Owner, the Engineer, or the Construction Manager shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.
Section 17.04 Survival of Obligations
A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.
Section 17.05 Controlling Law
A. This Contract is to be governed by the law of the state of California, the county of San Joaquin, and city of Manteca.
Section 17.06 Headings
A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions.
Section 17.07 Penalty for Collusion
A. If, at any time, it is found that the person, firm, or corporation to whom the Contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the Contract shall be null and void, and the Contractor and its sureties shall be liable for loss or damage which the City may suffer thereby, and the City may advertise for new bids for said Work.
**END OF SECTION**
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SECTION 00805
SUPPLEMENTARY CONDITIONS
1.01 SUPPLEMENTARY CONDITIONS
These Supplementary Conditions amend and supplement Section 00700, Standard General Conditions of the Construction Contract, and other provisions of the contract documents as indicated below. All provisions of the General Conditions that are amended or supplemented remain in full force and effect as so amended or supplemented. All provisions of the General Conditions which are not so amended or supplemented remain in full force and effect.
1.02 DEFINED TERMS
The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions.
1.03 AMENDMENTS AND SUPPLEMENTS
A. The Contractor shall be aware of the following paragraphs of Section 00700 of the General Provisions as they have been amended or revised to conform to current City, State, or Federal regulations, policies and guidelines:
B. Paragraph 00700-1.01.A.68, Paragraph 00700-4.04.A.2(b), Paragraph 00700-
6.02.C.1, Paragraph 00700-6.02.C.10, Paragraph 00700-6.19.C.6, Paragraph 00700-6.22, Paragraph 10.01.A.2, Paragraph 10.01.A.3, Paragraph 10.03.A, Paragraph 00700-10.05.C.2, Paragraph 00700-13.03.A, Paragraph 00700-13.03.B, Paragraph 00700-13.04.A, Paragraph 00700-13.04.D, Paragraph 00700-13.07A, Paragraph 00700-13.07A.5, Paragraph 00700-14.02A.3, Paragraph 00700-
14.02.A.7, Paragraph 00700-14.02.B, Paragraph 00700-114.02.D.2, Paragraph 00700-114.02.C.1, Paragraph 00700-14.07.C, Paragraph 00700-12.01.C.2(g), Section 00700-16.01, and Section 00700-6.02.C.18.
C. Additionally, the following instructions amend or supplement specific paragraphs in the General Conditions and other contract documents specific for this project:
1. Paragraph 00700-1.01 - Defined Terms:
Add the following definition:
20A. Final Completion - The date indicated on the Notice of Completion filed in the County Recorder's office.
2. Paragraph 00700-3.03.B.2:
Add the following paragraph:
Where conflicts exist among the Contract Documents and/or any reference specifications, such conflicts shall be clarified according to the following order, the first ranked taking precedence over the lower ranked:
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1. Amendments, Change Orders or other modifications to the Contract Documents, as executed by the City in accordance with the requirements of the Contract Documents.
2. Agreement
3. Supplementary Conditions
4. General Conditions
5. Division 01 Documents
6. Plans and Technical Specifications and Addenda
7. City’s Standard Specifications
8. Notice Inviting Bids and Information to Bidders
10. Contract Payment Bond
11. Performance Bond
12. Warranty Bond (if required)
13. Any provisions required by law or valid regulations to be inserted in this contract, whether actually inserted or not
14. Appendices (photographs, data contained in reports, and other information).
Additional rules of interpretation:
1. Written numbers over figures, unless obviously incorrect.
2. Figured dimensions over scaled dimensions.
3. Large-scale Drawings over small-scale Drawings.
4. Any conflict between a bill or list of materials shown in the Contract Documents and the actual quantities required to complete the Work required by Contract Documents, will be resolved in favor of the actual quantities, date (i.e., the most recent document), and if the dates are the same or not determinable, then in favor of Specifications.
3. Paragraph 00700-5.04B:
The entities listed below are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees.
San Joaquin County: Including their respective officers, directors, agents and employees.
Construction Manager: Representative assigned by the City of Manteca, Public Works Department, to be determined.
Engineer: Engineer of the City of Manteca, Public Works Department under whose responsible-charge the plans and specifications were developed, HERWIT Engineering
The insured and the additional insured shall be listed in the insurance coverage by specific name and not by genre.
4. Paragraph 00700-6.02.B:
Replace Paragraph B with the following paragraph:
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B. In the absence of any Federal, state or local laws, regulations or covenants, the Contractor may conduct its performance of the Work at the Contractor's sole discretion, except that the cost of any overtime pay or other expense incurred by the Owner for Resident Project Representative, Owner's Representative, construction observation services, and City Staff occasioned by the conduct of Work on Saturday, Sunday, any legal holiday, or as overtime on any regular work day, shall be reimbursed to the Owner by the Contractor.
The Contractor shall provide to Construction Manager 72-hour written notice of intent to work outside of regular working hours.
Add Paragraphs 6.02.B.1, 6.02B.2 and 6.02.B.2.i as follows:
B.1 Exceptions: Overtime required for contract required shutdowns and tie ins that must occur during over time hours.
B.2 The Contractor shall establish the start time of the 8-hour work day and end time of the 8-hours work day within Contract allowed work hours and the Contractor, subcontractors and all others working for the Contractor shall work within the established start and end times of the 8-hour work day.
B.2.i Exceptions: Contractor and subcontractor office staff working in an onsite office trailer.
5. Paragraph 00700-11.01.A.2:
Add paragraph 11.01.A.2.a as follows:
2.a: All equipment used will be paid in accordance with Caltrans rental rates (Subsection 9-1.03A(3) entitled "Equipment Rental" of thee Standard Specifications, latest edition).
6. Paragraph 00700-11.01.A.5.c:
Delete paragraph 11.01.A.5.c:
7. Paragraph 00700-12.03F:
Delay for inclement weather will be granted only for inclement weather events that prevent more than 50% of critical path work during the day(s) in question.
Critical path work for day(s) in question shall be based on the latest Contractor's monthly schedule update prior to the day(s) in question.
8. Daily Work Reports
CONTRACTOR shall provide superintendent daily work reports to City on a Weekly basis including work performed narrative, deliveries, labor and equipment hours including subcontractor resources.
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9. CalRecycle Grant Program
The project is partially funded by a CalRecycle Grant No. 23063.
CONTRACTOR shall meet the requirements of a Reliable Contractor in the State of California and that within the preceding three (3) years, none of the events listed in Section 17050 of Title 14, California Code of Regulations, Natural Resources, Division 7, has occurred with respect to the contractor(s).
Under penalty of perjury, CONTRACTOR shall complete and sign the attached Reliable Contractor Declaration form from CalRecycle and submit with all bonds and insurance forms as part of contracting with the City. **END OF SECTION**
ATTACHMENT 1
STATE OF CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CalRecycle)
RELIABLE CONTRACTOR DECLARATION
CalRecycle 168 (Revised 9/16)
This form must be completed and submitted to the Department of Resources Recycling and Recovery (CalRecycle) prior to authorizing a contractor(s) to commence work. Failure to provide this documentation in a timely manner may result in nonpayment of funds to the contractor(s).
This form is intended to help the CalRecycle’s Grantees comply with the Reliable Contractor Declaration (formerly Unreliable List) requirement of their Terms and Conditions.
The Reliable Contractor Declaration (formerly Unreliable List) provision requires the following:
Prior to authorizing a contractor(s) to commence work under the Grant, the Grantee shall submit to CalRecycle a declaration signed under penalty of perjury by the contractor(s) stating that within the preceding three (3) years, none of the events listed in Section 17050 of Title 14, California Code of Regulations, Natural Resources, Division 7, has occurred with respect to the contractor(s). Please see the reverse of this page, or refer to the California Code of Regulations (www.calregs.com).
If any of the events listed in Section 17050 have occurred, disclosure is required but will not necessarily result in CalRecycle refusing to approve the contractor. A signed statement explaining the facts and circumstances of the events must be attached to and submitted with this form.
Contractor: Complete the form and send original to the Grantee.
Grantee: Scan the form and upload it to the grant in CalRecycle’s Grant Management System. For further instruction about logging into the Grant Management System and uploading this form, reference the Procedures and Requirements. Retain the original form in your grant file.
GRANTEE INFORMATION
GRANTEE NAME: GRANT NUMBER:
PRIMARY CONTACT NAME:
CONTRACTOR INFORMATION
CONTRACTOR NAME:
AUTHORIZED CONTRACTOR REPRESENTATIVE NAME:
MAILING ADDRESS:
As the authorized representative of the above identified contractor, I declare under penalty of perjury under the laws of the State of California that within the preceding three (3) years, none of the events listed in Section 17050 of Title 14, California Code of Regulations, Natural Resources, Division 7, has occurred with respect to the above identified contractor.
Alternatively, as the authorized representative of the above identified contractor, I declare under penalty of perjury under the laws of the State of California that within the preceding three (3) years, if any of the events listed in Section 17050 of Title 14, California Code of Regulations, Natural Resources, Division 7, has occurred with respect to the above identified contractor, I have disclosed all such occurrences in an attached signed statement that explains the facts and circumstances of the listed events.
Signature Date
ATTACHMENT 1
STATE OF CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CalRecycle)
RELIABLE CONTRACTOR DECLARATION
CalRecycle 168 (Revised 9/16)
Title 14 CCR, Division 7, Chapter 1
Article 5. Unreliable Contractors, Subcontractors, Borrowers and Grantees Section 17050. Grounds for Placement on Unreliable List The following are grounds for a finding that a contractor, any subcontractor that provides services for a CalRecycle agreement, grantee or borrower is unreliable and should be placed on the CalRecycle Unreliable Contractor, Subcontractor, Grantee or Borrower List ("Unreliable List"). The presence of one of these grounds shall not automatically result in placement on the Unreliable List. A finding must be made by the Executive Director in accordance with section 17054, and there must be a final decision on any appeal that may be filed in accordance with section 17055 et seq. (a) Disallowance of any and/or all claim(s) to CalRecycle due to fraudulent claims or reporting; or (b) The filing of a civil action by the Attorney General for a violation of the False Claims Act, Government Code section 12650 et. seq; or
(c) Default on a CalRecycle loan, as evidenced by written notice from CalRecycle staff provided to the borrower of the default; or
(d) Foreclosure upon real property loan collateral or repossession of personal property loan collateral by CalRecycle; or
(e) Filing voluntary or involuntary bankruptcy, where there is a finding based on substantial evidence, that the bankruptcy interfered with the CalRecycle contract, subcontract, grant or loan; or (f) Breach of the terms and conditions of a previous CalRecycle contract, any subcontract for a CalRecycle agreement, grant, or loan, resulting in termination of the CalRecycle contract, subcontract, grant or loan by the CalRecycle or prime contractor; or
(g) Placement on the CalRecycle’s chronic violator inventory established pursuant to Public Resources Code section 44104 for any owner or operator of a solid waste facility; or (h) The person, or any partner, member, officer, director, responsible managing officer, or responsible managing employee of an entity has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance under any CalRecycle contract, subcontract, grant or loan; or (i) The person or entity is on the list of unreliable persons or entities, or similar list, of any other federal or California state agency; or
(j) The person or entity has violated an Order issued in accordance with section 18304; or, (k) The person or entity has directed or transported to, has or accepted waste tires at, a site where the operator is required to have but does not have a waste tire facility permit; or, (l) The person or entity has transported waste tires without a waste tire hauler registration; or, (m) The person or entity has had a solid waste facility or waste tire permit or a waste tire hauler registration denied, suspended or revoked; or,
(n) The person or entity has abandoned a site or taken a similar action which resulted in corrective action or the expenditure of funds by CalRecycle to remediate, clean, or abate a nuisance at the site; or (o) The following are additional grounds for a finding that, a person or entity described below should be placed on the Unreliable List:
(1) The person or entity owned 20% or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List;
(2) The person held the position of officer director, manager, partner, trustee, or any other management position with significant control (Principal Manager) in an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List; (3) The entity includes a Principal Manager who:
1. Was a Principal Manager in an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List; or,
2. Owned 20% or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List;
(4) The entity has a person who owns 20% or more of the entity, if that person:
1. Was a Principal Manager in an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List; or,
2. Owned 20% or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List.
(5) The entity has another entity which owns 20% or more of the entity, if that other entity:
1. Is on the Unreliable List; or,
2. Owned 20% or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List.
(6) Subsection (o) is not intended to apply to a person or entity that purchases or otherwise obtains an entity on the Unreliable List subsequent to its placement on the Unreliable List.
ATTACHMENT 1
August, 2022 01110-1 F2E/Food Waste Processing Facility Bid Set
SECTION 01110
SUMMARY OF WORK
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Identification and summary description of the Project, the Work, location, products furnished by Owner, activities by others, coordination, and early occupancy by Owner.
1.02 THE PROJECT WORK
A. The Project consists of the installation of electrical and piping to support Owner Supplied Solid Waste processing equipment for the City of Manteca Lovelace Transfer facility. The project consists of mechanical work including piping install and supports, electrical and instrumentation (electrical and instrumentation equipment, conduit, and wiring), concrete supports, and associated miscellaneous improvements as indicated on the Drawings and as detailed elsewhere in the Contract Documents.
B. Except as Specifically Noted Otherwise, Provide and Pay For:
1. All permits and fees except where specifically noted otherwise.
2. Insurance and bonds.
3. Labor, materials, and equipment.
4. Tools, equipment, and machinery required for construction.
5. Utilities required for construction.
6. Temporary facilities including sheeting and shoring.
7. Traffic control and dust control measures.
8. Other facilities and services necessary for proper execution and completion of the Work.
C. Secure and pay for all permits including OSHA excavation permits, traffic control, SWPPP plan, Department of Transportation permits, encroachment permits, government fees and licenses.
D. Comply with codes, ordinances, regulations, orders, and other legal requirements of public authorities having bearing on the performance of the Work.
1.03 LOCATION OF PROJECT
A. The Work is located at the City of Manteca, in San Joaquin, California.
1.04 OWNER FURNISHED EQUIPMENT
A. Owner will furnish equipment for this project as noted below.
1. Solid Waste processing equipment, conveyors, and pumps.
B. The Contractor shall install electrical and piping connections to all Owner Provided equipment and shall provide and install all other equipment and materials for this project.
1.05 ACTIVITIES BY OTHERS
ATTACHMENT 1
August, 2022 01110-2 F2E/Food Waste Processing Facility Bid Set
A. Owner, utilities, and others may perform activities within Project area while the Work is in progress.
1. Schedule the Work with Owner, utilities, and others to minimize mutual interference.
B. Additional Projects Being Constructed at the Transfer Facility.
1. Normal Operations of the facility.
C. Cooperate with others to minimize interference and delays.
1. When cooperation fails, submit recommendations and perform Work in coordination with work of others as directed.
D. When the Work depends for proper execution or results upon work performed by others, inspect and promptly report apparent discrepancies or defects in work performed by others.
1. Assume responsibility for work performed by others, except for defects reported as specified in this paragraph and defects which may become apparent in work performed by others after execution of the Work.
E. Access and proper working areas shall be maintained at all times to the facility to allow operations of the facility and access for other contractors.
1.06 COORDINATION OF WORK
A. Maintain overall coordination of the Work.
B. Obtain construction schedules from each subcontractor, and require each subcontractor to maintain schedules and coordinate modifications.
1.07 EARLY OCCUPANCY OF PORTIONS OF WORK
A. The City will not have early acceptance of any portion of the work.
B. No other partial acceptance of the Work will be made and no acceptance other than the final acceptance of the completed Work will be made except for those portions of Work designated for early occupancy by Owner.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
ATTACHMENT 1
August, 2022 01116-1 F2E/Food Waste Processing Facility Bid Set
SECTION 01116
PROJECT MANUAL LANGUAGE
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Explanation of arrangement, language, reference standards, and method of resolving conflicts between Contract Documents.
B. Related Documents and Sections:
1. Document 00700 - General Conditions.
2. Section 01600 - Product Requirements.
1.02 PROJECT MANUAL ARRANGEMENT
A. Document and Section numbers used in Project Manual, and Project Manual arrangement are in accordance with CSI Document MP-2-1, Masterformat, except where departures have been deemed necessary.
B. Sections are written in CSI Section format in accordance with CSI Document MP-2-2, Three-Part Section Format, except where departures have been deemed necessary.
C. Page format for Sections in the Project Manual is in accordance with CSI Document MP-2-3, Page Format, except where departures have been deemed necessary.
1.03 PROJECT MANUAL LANGUAGE
A. Specification Section Paragraphs entitled "Section Includes" summarizes briefly what is generally included in sections in which they occur. Requirements of Contract Documents are not limited by "Section Includes" paragraphs.
B. Specifications have been partially streamlined by intentionally omitting words and phrases, such as "the CONTRACTOR or Contractor shall," "in conformity therewith," "shall be" following "as indicated," "a," "an," "the" and "all". Assume missing portions by inference.
C. Phrase "by ENGINEER or Engineer" modifies words such as "accepted," "directed," "selected," "inspected" and "permitted," when they are unmodified.
D. Phrase "to ENGINEER or Engineer" modifies words such as "submit," "report," and "satisfactory," when they are unmodified.
E. Colons (:) are used to introduce a list of particulars, an appositive, an amplification, or an illustrative quotation.
1. When used as an appositive after designation of product, colons are used in place of words "shall be."
F. Word "provide" means to manufacture, fabricate, deliver, furnish, install, complete, assemble, erect in place, test, render ready for use or operation, including necessary related material, labor, appurtenances, services, and incidentals.
ATTACHMENT 1
August, 2022 01116-2 F2E/Food Waste Processing Facility Bid Set
G. Words "CONTRACTOR or Contractor shall" are implied when direction is stated in imperative mood.
H. Term "products" includes materials and equipment as specified in Section 01600.
1.04 REFERENCE STANDARDS
A. Use edition or amendment of referenced standards in effect on date stipulated in the Contract and General Conditions.
B. Use only applicable portions of referenced standards, ignoring payment stipulations and other provisions which change the duties of the Engineer or Owner as described in the Contract and general Conditions
C. Equate terms relating to designer to "Engineer."
D. Notify Engineer when referenced standard, code, or specification conflicts with Contract Documents.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
ATTACHMENT 1
August, 2022 01140-1 F2E/Food Waste Processing Facility Bid Set
SECTION 01140
WORK RESTRICTIONS
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Requirements for sequencing and scheduling the Work affected by existing site and facility, work restrictions and coordination between construction operations and plant operations.
B. Related Sections:
1. Section 01352 - Alteration Project Procedures.
1.02 GENERAL CONSTRAINTS ON SEQUENCE AND SCHEDULING OF WORK A. Solid Waste Projects:
1. The Lovelace Transfer Facility is the County’s only means of handling residential, commercial/industrial solid waste prior to transportation to landfill. Impairing the operational capabilities of this facility will result in serious environmental damage and monetary fines for which the Contractor will be responsible.
2. Conduct work in a manner that will not impair the operational capabilities of essential elements of the facility or reduce the capacity of the facility below levels sufficient to process the quantity material processed on a daily basis.
3. The status of the facility shall be defined as "operational" when it is capable of processing the entire quantity of solid waste received on a daily basis.
4. The modification to the facility is a complex and constrained project. The constraints and sequencing requirements may add significantly to Contractor’s efforts and costs.
5. Include costs for compliance with the specific sequencing limitations and constraints and the related general factors pertaining to such compliance, including but not limited to:
a. Compliance with Project Environmental Document and mitigation measures. b. Reduced construction efficiency and productivity.
c. Overtime costs for performing work outside of normal work hours. d. Escalation of costs.
e. Work related to temporary facilities needed to maintain plant operations. f. Preparation and revision of schedule and planned sequence of work. g. All requests for clarification of details related to compliance with this Section. h. Design and construction of temporary bracing, underpinning, shoring and/or special sequencing necessary to support or brace existing structures. i. Hiring staff or consultants to evaluate loads on existing structures affected by construction activities.
j. Hiring staff or consultants with wastewater treatment operations expertise to help define and refine work sequence.
k. A contingency for complying with additional constraints or requirements related to maintaining the operational status of the facility which may be identified during the course of the work.
ATTACHMENT 1
August, 2022 01140-2 F2E/Food Waste Processing Facility Bid Set
1.03 INTERRUPTION OF PROCESSES
A. Execute the Work while the existing facility is in operation as specified in Section 01352.
B. Indicate required shutdowns of existing facilities or interruptions of existing operations on Progress Schedule. Shutdowns will be permitted to the extent that existing operation of the plant will not be jeopardized and identified constraints are satisfied.
C. Submit notification of required shutdowns of existing facilities at least 14 days prior to the planned date of shutdown.
D. Following receipt of a notice of required shutdown, the Engineer will notify the Contractor within 3 working days whether the requested date and time will be permitted. Evaluation of the request will be based on the plant's ability to reliably meet capacity demands.
E. Do not begin alterations until Engineer's written permission has been received.
F. Minimize shutdown times by thorough advanced planning. Have required equipment, materials, and labor on hand at time of shutdown.
G. Where required to minimize treatment process interruptions while complying with specified sequencing constraints, provide temporary pumping, power, lighting, controls, instrumentation, and safety devices.
H. Where possible, sequence tie-ins and modifications to allow multiple items of work during a single shutdown.
1.04 COMPLIANCE WITH NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT
A. The existing facility is operating under the terms of a National Pollutant Discharge Elimination System permit issued by the California Regional Water Quality Control Board, Central Valley Region for storm water.
B. Perform work in a manner that will not prevent the existing facility from achieving the storm water quality requirements established by regulations.
C. Bear the cost of penalties imposed on the Owner for discharge violations caused by actions of the Contractor.
D. Activities that induce or otherwise cause the discharge of untreated or partially treated storm wtaer to surface waters or drainage courses is prohibited. When accidental discharge or bypassing occurs. Owner is entitled to take appropriate action and costs incurred will be deducted from progress payments.
1.05 REQUIREMENTS FOR OPERATION OF PLANT
A. Facilities or Conditions Required to Keep the Existing Plant Operational Include, but Are Not Limited To, the Following:
1. Electrical power including transformers, distribution wiring and motor control centers.
2. Proper Floor processing area.
ATTACHMENT 1
August, 2022 01140-3 F2E/Food Waste Processing Facility Bid Set
3. Proper Truck traffic and front loader access.
4. Office, toilets and washrooms.
B. Fencing and gates.
C. Lighting.
D. Heating, ventilation and air conditioning.
E. Instrumentation, meters, controls and telemetry equipment.
F. Safety equipment and features.
G. Parking for employees and vehicles required for operation and maintenance of the Facility.
H. Telephone system.
I. Storm drainage.
J. Conduct the Work and provide temporary facilities required to keep the existing facility continuously operational.
K. Do not remove from service or demolish existing facilities required to keep the existing facility operational at the capacities specified until the existing facilities are replaced by temporary, new or upgraded facilities or equipment. The replacement facilities shall have been tested and demonstrated to be operational prior to removing or demolishing existing facilities.
1.06 WORK SEQUENCE AND CONSTRAINTS
A. Utilize description of critical events and work constraints in this Section as a guideline for scheduling and undertaking the Work.
B. Work sequence and constraints presented do not include all items affecting completion of the Work, but are intended to describe critical events necessary to minimize disruption of the existing facilities and to ensure compliance with National Pollutant Discharge Elimination System permit requirements.
C. Construct new facilities adjacent to existing facilities without interrupting usage of existing facilities except for planned shutdowns agreed to with the Owner. Coordinate all activities with the Owner and the Plant Operations Staff.
D. The following phasing plan is conceptual in nature and is intended as a basis for the Contractors work and to minimize interruptions to the plant operations. Any proposed modifications to the following phasing plan shall be submitted to the Owner and Engineer for consideration and/or approval prior to commencing work. All items remain the Contractors responsibility unless specifically noted otherwise. Refer to the drawings for additional work sequence and constraints and phasing information.
1. Contractor shall field verify all existing dimensions prior to ordering equipment.
2. Coordinate and obtain all required permits.
3. Contractor to place equipment orders and confirm equipment delivery schedules, pothole existing pipe and utility locations, and verify actual field conditions, grades, ATTACHMENT 1
August, 2022 01140-4 F2E/Food Waste Processing Facility Bid Set
and elevations and conditions prior to starting construction.
4. Order all Long Lead time equipment, and electrical panels.
5. Prior to excavation remove any rock covering work area and save for reuse.
6. Construct concrete pipe support foundations.
7. Earthwork may be disposed of on site by spreading materials at work area.
8. Owner has a separate Contractor (Olympic Wire) to bolt down and install Owner furnished solid waste equipment, conveyors, pumps, and control panel.
Contractor shall make all electrical and piping and hose connections to the Owner supplied equipment and provide all hosing, piping, valves, supports, conduit, wire, and other electrical devices.
9. Olympic Wire will bolt down Owner supplied equipment two weeks prior to mobilization on site by Contractor. Provide 4 week notice to Olympic Wire and Owner prior to mobilization onto the project site and conducting on site work activities.
10. Install supports, piping, and hoses.
11. Install electrical pull boxes, conduit, junction boxes, and conductors.
12. Install electrical break in the main switchboard and pull wires and land wires into main switchboard. This work shall not interrupt daily facility operations and shall be conducted after normal operating hours of the facility.
13. Test all piping and hoses.
14. Test all electrical breakers, conductors, and grounding.
15. Assist Olympic Wire in testing all Owner supplied equipment for proper operation.
Contractor shall notify Olympic Wire and Owner two weeks prior to completion to schedule Olympic wire and Owner for Startup.
16. Install other miscellaneous items indicated on the drawings.
17. Prepare and submit project record drawings.
E. Perform all remaining mechanical and electrical work for the project.
F. Perform electrical testing per Section 16950.
G. Perform Operator Training and other project closeout items.
H. Coordinate electrical and process shutdowns with the facility operations group.
I. The contractor shall coordinate all work with the facility operations staff.
1.07 WORK COMPLETION DEADLINES
A. Substantial Completion: Per Section 0500 Agreement, Article 3 Contract Times, Section 3.1 and 3.2, Substantial Completion items shall be substantially complete in the specified time from the date of the Notice to Proceed. All items shall be substantially complete with all facilities constructed, tested, permits provided, and fully operational, with record and close out documents provided and the plant staff fully trained to operate facilities within the specified time.
B. Final Completion Items: All items identified by Engineer or Construction Manager on final punch list shall be complete within the specified time per Section 0500 Agreement, Article 3 Contract times, Section 3.1 and 3.2.
1.08 PLANT WORK CONSTRAINTS
A. Maintain facility capabilities in operation at all times including personnel and ATTACHMENT 1
August, 2022 01140-5 F2E/Food Waste Processing Facility Bid Set
emergency access except for scheduled shutdowns.
B. Driveway access through the facility shall be maintained at all times.
C. Vehicle access to the facilities shall be maintained at all times.
D. The Job Superintendent shall submit a daily sign-in and sign-out sheet at the Administration Building. A sign-in and sign-out sheet shall be left at the front counter at the beginning and end of each day. At a minimum the sheet shall have the employee name, company, job, supervisor name and number.
E. Staff hours for the facility are 6:30 am to 3:30 pm, Monday Through Friday.
F. Contractors hours of work will be set during the first project meeting.
G. Clean Owner-occupied areas and electrical rooms with electrical equipment installed daily, remove dirt and dust by sweeping, vacuuming and/or wet mopping to the satisfaction of the construction manager. This includes providing dust control, shop vac, wet mop, etc to remove dust and dirt. In addition, at the end of every work day contractor shall clean up and remove construction materials, tools, equipment, trash etc.
1.09 OPERATIONS AND MAINTENANCE ACCESS
A. Provide safe, continuous access to facility work areas for plant operations personnel.
1.10 SHUTDOWN CONSTRAINTS
A. Comply with shutdown constraints described in general terms herein. Shutdowns will be afforded to the Contractor only when required to complete the work and when properly coordinated through plant operations staff. Coordination with plant staff may require modification of the requested schedule and the Contractor shall adjust his schedule as required.
B. See maximum shutdown times for certain phases in Section 1.06.
C. Maximum shutdown time for Electrical connections at the MCCs not listed under Section 1.06 is 1 hour and be conducted after normal operating hours of the facility and shall be coordinated with facility staff.
D. All facilities shall remain in service at all times during normal work hours.
E. Once new improvements are started up they shall remain in service for the duration of the project.
F. Existing equipment cannot be removed until new replacement equipment is on-site.
G. All shutdowns shall be coordinated with the project engineer and facility staff and scheduled in writing and approved by the Owner's representative a minimum of two weeks in advance.
1.11 UTILITIES
A. Maintain electrical, telephone, water, gas, sanitary facilities, and other utilities within ATTACHMENT 1
August, 2022 01140-6 F2E/Food Waste Processing Facility Bid Set
existing facilities in service. Provide temporary utilities when necessary.
B. Provide advance notice to and utilize services of Underground Services Alert (U.S.A.) for location and marking of underground utilities operated by utility agencies other than the Owner.
PART 2 PRODUCTS
Not Used
PART 3 PART 3 EXECUTION
3.01 COORDINATION OF WORK
A. Maintain Overall Coordination of Execution of Work.
B. Obtain schedules from subcontractors and suppliers and assume responsibility for correctness.
C. Incorporate schedules from subcontractors and suppliers into Progress Schedule to plan for and comply with sequencing constraints.
3.02 WORK BY OTHERS
A. Where proper execution of the Work depends upon work by others, inspect, and verify conditions are suitable for work by others, and promptly report discrepancies and defects.
B. Coordinate all work schedules, equipment and material movements and construction with Olympic Wire and Owner. Include any extra cost for delays or coordination of the work within areas of work by the existing contractor in the project bid cost.
3.03 GENERAL REQUIREMENTS FOR EXECUTION OF WORK
A. Locate temporary facilities in a manner that does not interference to Owner's operation and maintenance personnel.
B. Maintain a clean and neat work environment. Clean all Owner occupied areas and all electrical rooms with electrical equipment installed daily, remove dirt and dust by sweeping, vacuuming and/or wet mopping.
C. Avoid any activities that may disrupt or cause harm to personnel or facility operations.
D. Provide piping of suitable material for the material being conveyed.
E. Provide submittals on proposed temporary electrical, mechanical, and instrumentation components necessary to maintain existing facilities.
F. Dimensions for all existing structures, piping, paving, and other nonstructural items are approximate. The Contractor shall field verify all dimensions and conditions and report any discrepancies to the Engineer a minimum of 14 days in advance of any construction in the area.
G. Discrepancies between coordinates, bearings and lengths, and stationing shall be ATTACHMENT 1
August, 2022 01140-7 F2E/Food Waste Processing Facility Bid Set
resolved in the following order of precedence:
1. Coordinates.
2. Bearings and lengths.
3. Stationing.
END OF SECTION
ATTACHMENT 1
ATTACHMENT 1
August, 2022 01324-1 F2E/Food Waste Processing Facility Bid Set
SECTION 01324
PROGRESS SCHEDULES AND REPORTS
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Preparation, submittal, and maintenance of computerized progress schedule and reports, contract time adjustments, and payment requests.
1.02 RESPONSIBLE PERSON
A. Designate, in writing and within 5 days after Notice of Award, person responsible for preparation of schedule.
B. Qualifications of Responsible Person:
1. Authority to act on behalf of Contractor.
2. Experienced in preparation of complex construction schedules of similar value.
3. Knowledge of scheduling.
4. Minimum of 5 years of construction project scheduling experience.
1.03 PREPARATION
A. Preparation and submittal of the Progress Schedule represents Contractor's intention to execute the Work within specified time and constraints.
B. Contractor's bid covers the costs associated with the execution of the Work in accordance with the Progress Schedule.
C. During preparation of the Progress Schedule, Engineer will facilitate Contractor's efforts by being available to answer questions regarding sequencing issues, scheduling constraints, interface points, and dependency relationships.
D. Prepare schedule utilizing precedence diagramming method showing critical path activities.
E. Contractor shall develop a network plan and schedule for the project demonstrating complete fulfillment of all contract requirements and shall keep the network plans up to date in accordance with the requirements of this section. Contractor shall employ the Critical Path Method (CPM) in developing the plan and schedule, and in the planning, coordinating, performing and reporting the work under this contract, including all activities of Subcontractors, equipment vendors, suppliers, and any Owner functions that impact the work. It is explicitly understood that the schedule shall be employed by, and is vital to, the Owner and Owner’s Project Manager in monitoring the progress of the Work and administering this Contract.
F. The CPM schedule shall be prepared using Primavera Project Planner version 3.1, Primavera SureTrak version 3.0, Primavera P6.0 or newer or equal. Equivalency of a proposed substitute CPM program shall be determined by the Owner at his/her sole discretion upon the application of the Contractor. Regardless of which scheduling software is used it must have a the capability of a definitive “Data Date” that will ATTACHMENT 1
August, 2022 01324-2 F2E/Food Waste Processing Facility Bid Set
illustrate impacts to individual activities and the overall project where the activities’ progress is not progressing as originally planned or they have not started as planned.
G. CPM network is a graphic description of the construction plan, showing the sequential steps needed to reach the completion of the Work. It shall depict events and tasks, and their interrelationships, and shall recognize the progress that must be made in one task before subsequent tasks can begin. The CPM network shall be comprehensive and shall include all interdependencies and interactions required to perform the Work of the Project. The only activity in the schedule that will not have a predecessor is the Project Start or Notice to Proceed Milestone. The only activity in the schedule that will not have a successor is the Project Completion Milestone. All other activities in the schedule shall have predecessor and successor logic ties.
H. Prepare schedule utilizing activity durations in terms of working days. Do not exceed 15 day duration on activities except concrete curing, submittal review and equipment deliveries. Where duration of continuous work exceeds 15 working days, subdivide activities by location, stationing, or other sub-element of the Work.
I. Failure to include an activity required for execution of the Work does not excuse Contractor from completing the Work and portions thereof within specified times and at price specified in Agreement.
J. Reference schedule to calendar days with beginning of contract time as Day "1."
1.04 SUBMITTAL OF PROGRESS SCHEDULE
A. Submit preliminary and complete Progress Schedule for the project.
B. A “Draft” Initial Contract Schedule shall be submitted no later than the preconstruction kick-off meeting date followed by the Initial Contract Schedule submittal based upon Engineer’s comments.
C. Contractor shall submit preliminary submittal schedule to Engineer no later than 10 calendar days following the Notice to Proceed.
D. Submit Initial Contract Schedule within 15 calendar days after Owner’s issuance of the Notice to Proceed to Contractor.
E. Submit Final As-Built Schedule.
F. Monthly updated Initial Contract Schedules (hereinafter referred to as the Monthly Baseline Schedules) and reports; three (3) each, referenced herein shall be submitted concurrently in a single package. It is expected that this submittal shall precede by five (5) days the Contractor’s pay application. It is understood that Monthly updated schedules are a condition precedent to the processing of payment applications.
Contractor shall also submit a copy of the computer data disks used to produce hard copy submittals. The electronic file of the schedule shall be readable in Primavera Project Planner version 3.1. A PDF file format shall also be provided, but is not considered an electronic copy of the schedule submittal.
G. All other required reports referenced herein, typically three (3) each per occurrence.
H. Submit one (1) reproducible and three (3) color plots on “E” size sheets (approximately 34” x 44”) of each required schedule and three (3) copies of all required reports.
ATTACHMENT 1
August, 2022 01324-3 F2E/Food Waste Processing Facility Bid Set
Contractor shall also submit a copy of the computer data disks used to produce hard copy submittals. The computer data disks will contain the schedule computer files in Primavera version 3.1 compatible format. A PDF files shall also be submitted, but PDF Format is not considered an electronic copy of the schedule submittal.
1.05 INITIAL Contractor SCHEDULE
A. The “draft” Initial Contract Schedule shall include, but not be limited to:
1. A legend of scheduled activities.
2. Scheduled work activities that clearly indicate the scope of work to be completed.
3. Major milestones, which are critical to the completion of the work, including but not limited to the following: NTP date; mobilization; coordination review and detailing activities; Contractor quality control review activities; substantial completion and contract completion.
4. Major work activity categories to be included in the Initial Contract Schedule
5. Submittals Section, containing submission, review, procurement and delivery of all project materials. All contractually required submittals shall be incorporated into the schedule.
6. OFCI/OFOI items
7. Start up, Testing, Inspections and Commissioning.
8. Punch list formulation and correction.
9. Contractor closeout documentation and training.
10. Contractor punch list corrective work.
11. Demobilization and project completion.
12. Inclement weather days.
13. A plot of the “draft” Initial Contract Schedule with a clearly highlighted critical path.
14. Calendar designations identifying all holidays and non-working days.
15. This “draft” Initial Contract Schedule shall be formatted to accept manpower, resource and cost loading (i.e., resource dictionaries and cost codes, etc.) when fully developed. The cost loading shall be derived from the initial Schedule of Values submitted by the Contractor. Once an accepted Baseline Schedule has been achieved, the costs reflected therein will be the official Schedule of Values for the project and utilized for payment application.
16. The “draft” Initial Contract Schedule shall contain an activity code structure sufficient to allow future sorting/grouping by responsibility or subcontractor, area/location, CSI division, SOV identification, Milestones and a code entitled “Update” that will identify the schedule submission when specific activities were added to the network (new activities, Change Orders, FI’s, etc.).
17. Should the Contractor develop the schedule in any version of a Primavera product newer than Primavera Project Planner version 3.1 or SureTrak version 3.0 the schedule will be developed utilizing the “Project Level” coding not the “Enterprise” or “Global” Level. It is the Contractor’s sole responsibility to insure that all coding included in the schedule on their computer(s) is transferred and readable by the Owner in the electronic format.
B. All activities in the Initial Contract Schedule shall have sufficient code structure to enable a sort by activity code, or "rollup" of the activities in the form of a Summary Schedule. The code structure will allow sufficient sorting capabilities to group by:
responsibility (by subcontractor), location (building, floor, area, etc.), type (submittal, approval, change, etc.), milestones, CSI division, etc.
C. The work activities comprising the Initial Contract Schedule shall be of sufficient detail to ensure adequate planning and execution of the Work and such that the schedules provide an appropriate basis for monitoring and evaluating the progress of the Work. A ATTACHMENT 1
August, 2022 01324-4 F2E/Food Waste Processing Facility Bid Set
work activity is defined as a singular task that requires time and resources (manpower, equipment, and/or material) to complete in a continuous operation (excepting submittal activities, review/approval activities, and fabrication and procurement activities). No activity shall be less than one (1) nor more than fifteen (15) days in duration for any onsite operation. All holidays and non-working days shall be identified by way of calendar designations.
D. The Initial Contract Schedule shall be a cost, manpower and resource-loaded CPM schedule. Mobilization, bond and insurance costs may be shown separately; however, other general requirement costs, overhead, profit, etc., shall be prorated throughout all the activities. The cost-loaded activities of the Initial Contract Schedule shall roll up into cost accounts from the Schedule of Values, which shall be in Construction Specifications Institute (CSI) format and shall be basis for establishing the distribution of costs within the Schedule of Values. Costs relating to each activity shall be distributed evenly over the duration of the activity.
E. Failure by Contractor to include any element of the work required for the performance of this Contract and completion of the Project, including all submittals, shall not excuse Contractor from completing all work required within the time for completion, notwithstanding Owner’s acceptance of the Initial Contract Schedule.
F. No more than 20% of the total number of activities shown on the schedule shall be critical or near critical. Near critical is defined as float less than ten (10) days.
G. The schedule shall indicate the sequence and interdependency of all work activities.
For the Initial Contract Schedule development all activities shall be linked by finish-tostart (FS) relationships only. No other type of relationships shall be permitted (including, but not limited to: start-to-start, finish-to-finish, and start-to-finish relationships) without the prior written permission of the Owner. During the updating process of the schedule should the project progress out of sequence the Contractor can propose the use of other relationship types, or revisions to the logic of the schedule to reflect the new work plan.
H. Constraints in the schedule shall be limited to those called for in the contract. Any requested additional constraints on activities shall be kept to a minimum and subject to the written permission of the Owner. Lags will not be used without the prior written permission of the Owner. In no case will positive lags be permitted in Finish-to-Start relationships. Milestones shall also be limited to those specifically called for in the contract.
I. Critical Work activities are defined as Work activities which, if delayed or extended, will delay the scheduled completion date of the Work. All other Work activities are defined as non-critical Work activities and are considered to have float.
J. The Contractor has the right to complete the project early. Should the Contractor develop the initial schedule reflecting a forecast completion date prior to the contract completion date then the schedule shall include an activity titled “Project Float”. As with the normal weather allowance activity this Project Float activity shall be a graphical tool. It will be used to monitor float increase or consumption. It shall be added in sequence as a predecessor to the normal weather activity. The original duration of this Project Float activity shall equal the duration reflected between the submitted forecast early completion date and the contract completion date. Should the initial schedule not reflect and early completion, but the project progresses to the extent of being 10 working days ahead of schedule during any update reporting period the Contractor ATTACHMENT 1
August, 2022 01324-5 F2E/Food Waste Processing Facility Bid Set
shall then add a Project Float activity to the schedule with a duration equal to the duration that the project is ahead of schedule as of the data date of the update.
K. Float is defined as the time that a non-critical Work activity can be delayed or extended without delaying the scheduled completion of milestones specified in this Section or the scheduled completion date of the Work, or both. Float time is not for the exclusive use or benefit of either Owner or Contractor. Neither Contractor nor Owner shall have an exclusive right to the use of float. It is a project resource available to both the Contractor and the Owner.
L. Delays of any non-critical Work shall not be the basis for an extension of Contract Time until the delays consume the float associated with that non-critical Work activity and cause the Work activity to become critical.
M. Contractor shall not sequester float through strategies including extending activity duration estimates to consume available float, using preferential logic, using extensive or insufficient crew/resource loading, use of float suppression techniques like Zero Total Float constraints, special lead/lag logic restraints or imposed dates. Use of float time disclosed or implied by the use of alternate float suppression techniques shall be shared to the benefit of both Owner and Contractor.
N. Include a critical path activity titled “Remaining Inclement Weather Days” on the Initial Contract Schedule. The Contractor shall include in this activity an initial duration of number of working days. It shall be the last activity in the schedule prior to the activity titled “Contract Completion”. All predecessor activities must pass through the Inclement Weather Days activity. The Contractor shall apply to the Owner to use an Inclement Weather Day when a critical path activity has been delayed because of inclement weather. This application must occur in the same month as the inclement weather delay, and must be approved by the Owner. The Remaining Inclement Weather Days activity shall not be statused with an actual start or finish date, or percentage of completion. Rather, it is a graphical accounting tool where the original duration shall be reduced by the agreed to weather impact. Inclement Weather Delays to non-critical activities will not be considered. If, at Completion, there are inclement weather days still remaining, the Completion date shall not be adjusted. If, at completion, additional inclement weather days are required, the Owner shall adjust the Completion date accordingly. Any time extension granted the Contractor due to inclement weather delays shall be in the form of non-compensable days
O. Once approved by Owner, Contractor's Initial Contract Schedule shall be known as the Baseline Schedule and shall be used by Contractor for executing the Work of the Contract, including planning, organizing and directing the Work, and reporting its progress until subsequently revised. No unilateral changes shall be made to the Baseline Schedule without the prior approval and consent of the Owner, excepting only the reporting of Actual Start, Actual Finish, and Activity Progress.
1.06 ACCEPTANCE
A. Acceptance of the Contractor’s Initial Contract Schedule by the Owner will be a condition precedent to the making of any progress payment for work performed beyond thirty (30) days from receipt of the Notice to Proceed.
B. The required schedules and reports shall be prepared and submitted for review and approval in accordance with the General Conditions, Supplemental General Conditions and this Section.
ATTACHMENT 1
August, 2022 01324-6 F2E/Food Waste Processing Facility Bid Set
C. The monthly updating of the Baseline Schedule and reports shall be an integral part and basic element of the estimate upon which progress payments will be made.
Submittal, review and approval by Owner of these items shall be a condition precedent to the making of progress payments. If, in the judgment of Owner, Contractor fails or refuses to provide a complete updated Monthly Baseline Schedule or reports, as specified, the Contractor will be deemed to have not provided the required estimate upon which progress payments may be made, and shall not be entitled to such progress payments unless or until it has furnished the aforesaid schedules. Continued failure by the Contractor to meet its responsibilities under this specification shall be a basis for termination for cause.
D. In the event the Contractor submits a viable, contractually compliant construction schedule which indicates project completion at a date earlier than the contractually provided contract duration, the acceptance of such a schedule will not change the contract time. In such an event, a schedule activity entitled “project float”, of a duration equal to the difference between the proposed construction duration and the contract duration, will be added to the schedule. All project float is a project resource for the Contractor and the Owner, and is not for the exclusive use of either party.
1.07 CONSTRUCTION ANALYSIS
A. Contractor shall use Primavera Project Planner version 3.1, Primavera P6.0 or Primavera SureTrak version 3.0, or newer or equal. Contractor shall coordinate with Engineer to produce the following minimum information with the Initial Contract Schedule:
1. Activity identification;
2. Activity description;
3. Status date and original/remaining duration;
4. Activity percentage complete;
5. Activity duration;
6. Early start/finish and late start/finish;
7. Total float;
8. The predecessor and successor activities for each individual activity;
9. A comparison between the current update and the baseline schedule;
10. Designation of the planned work day/work week for each activity;
11. A near-critical item list of activities with ten (10) working days or less total float;
12. Scheduled and actual manpower loading for each activity; and
13. Scheduled and actual progress payment for each activity.
B. For the development of the Initial Contract Schedule only Finish to Start (FS) relationship types will be utilized unless permission is requested for use of other relationship types. During the updating process of the schedule should the project progress out of sequence the Contractor can propose the use of other relationship types, or revisions to the logic of the schedule to reflect the new work plan.
C. Should the Contractor develop the schedule in any version of a Primavera product newer than Primavera Project Planner version 3.1 or SureTrak version 3.0 the schedule will be developed utilizing the “Project Level” coding not the “Enterprise” or “Global” Level. It is the Contractor’s sole responsibility to insure that all coding included in the schedule on their computer(s) is transferred and readable by the Owner in the electronic format. For Primavera P6.0 and newer the Contractor will assure that the software on the computer used to develop the schedule will have the Administrator and User Preferences set to the default settings.
ATTACHMENT 1
August, 2022 01324-7 F2E/Food Waste Processing Facility Bid Set
1.08 UPDATING THE SCHEDULE
A. Provide monthly schedule updates prior to each monthly pay application as an activity precedent to submission of the monthly pay application. Provide a written narrative to all changes of the schedule.
1.09 WEEKLY ACTIVITIES PLAN
A. Submit to Engineer, on the last working day of every week, Contractor's Plan of Activities for the following 3 weeks.
1.10 RESPONSIBILITY FOR COMPLETION
A. Contractor agrees that at the sole judgment of Owner, whenever it becomes apparent from the current monthly updated Contract Baseline Schedule that the contract completion date will not be met, it will take some or all of the following actions, as approved by Owner, at no additional cost to Owner:
1. Increase construction manpower in such quantities and crafts as will substantially eliminate, in the judgment of Owner, the backlog of work.
2. Increase the number of working hours per shift, shifts per working day, working days per week, or the amount of construction equipment, or any combination of the foregoing, sufficiently to substantially eliminate, in the judgment of Owner, the backlog of work. This paragraph shall not be construed to permit Contractor to violate the work hour restrictions specified in the Contract Document.
3. Reschedule activities to achieve maximum practical concurrence of accomplishment of activities.
1.11 SCHEDULE OF VALUES
A. Submit, in conjunction with the Progress Schedule, a Schedule of Values identifying costs of Major Items of Work as generated by the cost loaded schedule. Equate the aggregate of these costs to the Lump Sum Contract Price. Items identified on the Bid from Section 00300 as having a unit quantity shall be broken down by unit price in the schedule of values.
1. Mobilization (exclusive of bonds and insurance) shall be no more than 4% of contract value.
2. Demobilzation including As-Builts, Warranty paper work, close out paper work shall be no less than 1% of the contract value.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
ATTACHMENT 1
ATTACHMENT 1
August, 2022 01329-1 F2E/Food Waste Processing Facility Bid Set
SECTION 01329
SAFETY PLAN
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Development and maintenance of a Construction Safety Plan.
1.02 CONSTRUCTION SAFETY PLAN
A. Detail the Methods and Procedures to Comply with California Labor Code Section 6401.7, Federal, and Local Health and Safety Laws, Rules and Requirements for the Duration of the Contract Time. Include the Following:
1. Identification of the Certified or Licensed Safety Consultant who will prepare, initiate, maintain and supervise safety programs, and procedures.
2. Procedures for providing workers with an awareness of safety and health hazards expected to be encountered in the course of construction.
3. Safety equipment appropriate to the safety and health hazards expected to be encountered during construction. Include warning devices, barricades, safety equipment in public right-of-way and protected areas, and safety equipment used in multi-level structures.
4. Methods for minimizing employees' exposure to safety and health hazards expected during construction.
5. Procedures for reporting safety or health hazards.
6. Procedures to follow to correct a recognized safety and health hazard.
7. Procedures for investigation of accidents, injuries, illnesses and unusual events that have occurred at the construction site.
8. Periodic and scheduled inspections of general work areas and specific work stations.
9. Training for employees and workers at the jobsite.
10. Methods of communication of safe working conditions, work practices and required personal protection equipment.
B. Assume responsibility for every aspect of Health and Safety on the jobsite, including the health and safety of Subcontractors, suppliers, and other persons on the jobsite.
1. Forward available information and reports to the Safety Consultant who shall make the necessary recommendations concerning worker health and safety at the jobsite.
2. Employ additional health and safety measures specified by the Safety Consultant, as necessary, for workers in accordance with OSHA guidelines.
C. Transmit to Owner and Engineer copies of reports and other documents related to accidents or injuries encountered during construction.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used. END OF SECTION
ATTACHMENT 1
ATTACHMENT 1
August, 2022 01330-1 F2E/Food Waste Processing Facility Bid Set
SECTION 01330
SUBMITTAL PROCEDURES
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Requirements and procedures for submitting Shop Drawings, Product Data, Samples, other submittals relating to products, and as specified in individual sections.
1.02 DEFINITIONS
A. Manufacturer's Instructions: Instructions, stipulations, directions, and recommendations issued in printed form by the manufacturer of a product addressing handling, installation, erection, and application of the product; Manufacturers Instructions are not prepared especially for the Work.
B. Shop Drawings: Drawings, diagrams, schedules, and other data specially prepared for the Work to illustrate some portion of the Work.
C. Product Data: Illustrations, standard schedules, performance charts, brochures, diagrams and other information to illustrate materials or equipment for some portion of the Work.
D. Samples: Physical examples which illustrate materials, equipment, or workmanship and establish standards by which the Work will be judged.
E. Special Samples: Physical examples which illustrate materials, equipment, or workmanship and establish standards by which the Work will be judged, and will be incorporated in the Work.
1.03 PROCEDURES
A. Deliver submittals to Engineer at address listed on cover of Project Manual, unless another mutually agreeable place is designated.
B. Submit submittals in ample time for each to serve submittals' intended purpose.
C. Submit submittals which are specified or reasonably required for construction, operation, and maintenance of the Work.
D. Deliver submittals under acceptable transmittal form which identifies:
1. Submittal date.
2. Project and Contractor.
3. Subcontractor and major supplier, when appropriate.
4. Reference submittal to Contract Documents by Drawing, detail, and/or Specification section numbers, as appropriate.
5. Variations from Contract Documents when variations are included in submittal.
E. Submit specified number of copies of submittal.
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August, 2022 01330-2 F2E/Food Waste Processing Facility Bid Set
F. Provide or furnish products and execute the Work in accordance with accepted submittals, unless in conflict with Contract Documents.
G. When minor deviations from Contract Documents are accepted, modify Contract Documents in accordance with the Conditions of the Contract.
1.04 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES
A. Submit a copy of the Engineer's specification with a check mark next to each paragraph by the vendor for compliance with that portion of the specifications. Any deviations for the project specification shall be clearly called out by the vendor as part of the project submittal.
B. Submit Shop Drawings, Product Data, Samples, and other pertinent information in sufficient detail to show compliance with specified requirements. All submittals shall be electronic PDF format.
C. Check, verify, and revise submittals as necessary to bring them into conformance with Contract Documents and actual field conditions.
1. Determine and verify quantities, dimensions, specified design and performance criteria, materials, catalog numbers, and similar data.
2. Coordinate submittal with other submittals and with the requirements of the Contract Documents.
D. After completion of checking, verification, and revising; stamp, sign and date submittals indicating review and approval; and submit to Engineer.
1. Stamp and signature indicates Contractor has satisfied shop drawing review responsibilities and constitutes Contractor's written approval of shop drawing.
2. Shop drawings without Contractor's written approval will be returned for resubmission.
E. Shop Drawings: Submit electronically as a PDF file. Reviewer’s transmittal, comments, including any applicable markups, and a stamped cover sheet will also be returned electronically as a PDF file.
F. Product Data and Manufacturer's Instructions: Submit electronically as a PDF file meeting the following requirements.
1. Excise or cross out non-applicable information and clearly mark applicable information, including model and option information, with citations to and terminology consistent with Contract Documents, prior to scanning documents or as annotations of existing PDF documents.
2. Scanned files with PDF annotations will be acceptable only if properly marked with all annotations clear.
3. PDF documents shall be clear enough and of high enough resolution to allow photo/image information and grayscale information, including manufacturer’s grayscale tables, to be clearly legible both electronically and when printed.
PDF documents with any pages not meeting these requirements will be returned as rejected without review.
Reviewer’s transmittal, comments, including any applicable markups, and a stamped cover sheet will also be returned electronically as a PDF file.
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August, 2022 01330-3 F2E/Food Waste Processing Facility Bid Set
G. Samples: Submit 2 samples labeled with reference to applicable Contract Documents.
Label will be returned with reviewer's selection when appropriate, comments and stamp. Samples will not be returned unless return is requested in writing and additional sample is submitted.
H. Special Samples: Submit 1 sample labeled with reference to applicable Contract Documents. Sample and 1 label will be returned for installation in the Work.
I. Assume risk of expense and delays when proceeding with work related to required submittals without review and acceptance.
1.05 MANUFACTURER'S INSTRUCTIONS
A. Submit manufacturer's instructions whenever made available by manufacturers and when installation, erection, or application in accordance with manufacturer's instructions are required by the Specifications.
B. Submit manufacturer's instructions prior to installation, erection, or application of equipment and other project components.
C. Submit manufacturer's instructions in accordance with requirements for Product Data.
1.06 ENGINEER'S REVIEW
A. Engineer's review of submittals shall not release Contractor from Contractor's responsibility for performance of requirements of Contract Documents. Neither shall Engineer's review release Contractor from fulfilling purpose of installation nor from Contractor's liability to replace defective work.
B. Do not consider submittals as Contract Documents. Purpose of submittals is to demonstrate how Contractor intends to conform with the design concepts.
C. Engineer's review of shop drawings, samples, or test procedures will be only for conformance with design concepts and for compliance with information given in Contract Documents.
1. Engineer's review does not extend to:
a. Accuracy of dimensions, quantities, or performance of equipment and systems designed by Contractor.
b. Contractor's means, methods, techniques, sequences, or procedures except when specified, indicated on the Drawings, or required by Contract Documents.
c. Safety precautions or programs related to safety which shall remain the sole responsibility of the Contractor.
D. Except as may be provided in subsequent specifications, a submittal will be returned within 20 calendar days except special submittals requiring more review time or if vendor is contacted for additional information. Contractor will be notified of submittals that may exceed 20 days. All submittals will be returned as either “ACCEPTED” or “NOT ACCEPTED” with appropriate comments if required.
1. When a submittal cannot be returned within that period, Engineer will, within a reasonable time after receipt of the submittal, give notice of the date by which that submittal will be returned.
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August, 2022 01330-4 F2E/Food Waste Processing Facility Bid Set
E. Not accepted submittals returned as "CORRECT AND RESUBMIT" contain specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. Rejected submittals contain remarks relative to further submittal.
F. Engineer will be entitled to rely upon the accuracy or completeness of designs, calculations, or certifications made by licensed professionals accompanying a particular submittal whether or not a stamp or seal is required by Contract Documents or Laws and Regulations.
G. Costs incurred by Owner as a result of additional reviews of a particular submittal after the second time it has been reviewed shall be borne by Contractor. Reimbursement to Owner will be made by deducting such costs from Contractor's subsequent partial payments.
H. All seismic calculations and anchoring submittals will require review by the Engineer and the City building department representative. contractor should allow extra time for these submittals.
1.07 MINOR OR INCIDENTAL PRODUCTS AND EQUIPMENT SCHEDULES A. Shop Drawings of minor or incidental fabricated products will not be required, unless requested.
B. Submit tabulated lists of minor or incidental products showing the names of the manufacturers and catalog numbers, with Product Data and Samples as required to determine acceptability.
1.08 SUBMITTALS FOR INFORMATION OR RECORD ONLY
A. Submit electronic PDF copy. None will be returned.
1.09 MILL TEST REPORTS
A. Submit electronic PDF copy of factory and mill test reports for record only. No copies will be returned.
B. Do not incorporate Products in the Work which have not passed testing and inspection satisfactorily.
1.10 REINFORCING STEEL
A. Submit reinforcing steel fabrication and setting drawings for information or record only.
No copies will be returned.
B. Note deviations and variations as specified for Shop Drawings.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
ATTACHMENT 1
August, 2022 01350-1 F2E/Food Waste Processing Facility Bid Set
SECTION 01350
SPECIAL PROCEDURES
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Special procedures for locating and verifying concealed existing facilities.
1.02 CONCEALED EXISTING FACILITIES
A. Verify locations of utilities and facilities which may exist by consulting with Owner, utility companies, and Underground Services Alert (USA) or other service available in area of Project.
1. Abide by easement and right-of-way restrictions.
B. Notify Owner of facilities when the Work will be in progress. Make arrangements for potential emergency repairs in accordance with requirements of Owner of facilities, including individual or residential facilities.
C. Assume responsibility for repair of facilities damaged by performance of the Work.
D. Work required for raising, lowering, or relocating utilities not indicated will be performed by affected utility owners or as part of the Work at option of affected owners of utilities.
1. When part of the Work, perform work in accordance with standards of affected utility owner, and adjustment to Contract Price and Contract Times will be made as stipulated in conditions of contract.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
ATTACHMENT 1
ATTACHMENT 1
August, 2022 01352-1 F2E/Food Waste Processing Facility Bid Set
SECTION 01352
ALTERATION PROJECT PROCEDURES
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Requirements and procedures for performing alterations to existing facilities.
B. Related Sections:
1. Section 01140 - Work Restrictions.
2. Section 01732 - Cutting and Patching.
3. Section 01500 - Temporary Facilities and Controls.
4. Section 01770 - Closeout Procedures.
1.02 SUBMITTALS
A. Alterations Schedule: Submit in accordance with requirements for Progress Schedules.
1.03 SEQUENCE AND SCHEDULES
A. Perform Work in sequences and within times specified in Section 01140.
B. Submit Separate Detailed Sub-schedule for Alterations, Coordinated with Construction Schedules. Indicate:
1. Each stage of Work and dates of occupancy of areas.
2. Date of Substantial Completion for each area of alterations as appropriate.
3. Trades and Subcontractors employed in each stage.
1.04 WORK INVOLVED WITH EXISTING FACILITIES
A. Perform the Work while existing facility is in operation.
B. Do not jeopardize operation or materially reduce efficiency of existing facility.
C. Coordinate the Work with operation of the facility.
1. Do not begin alterations of designated portions of the Work until specific permission has been granted in writing by Owner in each case.
2. Engineer will coordinate the planned procedure with facility manager.
3. Complete as quickly as possible and with as little delay as possible, connections to existing equipment and utilities, and other operations that interfere with the operation of existing facility.
D. Operational functions of the facility that are required to be performed to facilitate the Work will be performed by facility personnel only.
E. When necessary for the proper operation or maintenance of portions of the facility, reschedule Work operations so that the Work will not conflict with necessary operations or maintenance of the facility.
ATTACHMENT 1
August, 2022 01352-2 F2E/Food Waste Processing Facility Bid Set
1.05 ALTERATIONS, CUTTING, AND PROTECTION
A. Assign relocation, removal, cutting, and patching to trades qualified to perform in manner which causes least damage and provide means of returning surfaces to appearance of new construction.
B. Provide weather protection, waterproofing, heat and humidity control as needed to prevent damage to remaining existing and new construction.
C. Provide temporary enclosures as specified in Section 01500 to separate construction areas from existing building and from areas occupied by Owner, and to provide weather protection.
PART 2 PRODUCTS
2.01 SALVAGE MATERIALS
A. Salvage Materials: Materials removed from existing facility.
B. Materials Designated for Salvage or relocation and reuse:
1. None.
C. Handling and Storage:
1. Prevent damage to salvaged materials during removal, handling, and transportation of salvaged materials.
2. Relocate Salvaged Materials as indicated on Drawings.
3. Prepare Salvaged Materials for Storage:
4. Store Salvaged Materials in the Following Locations:
D. Pay costs associated with salvaging materials, including handling, transporting, and storage.
PART 3 EXECUTION
3.01 PREPARATION
A. Identify existing materials which shall be patched, extended, or matched.
B. In addition to demolition and construction specifically indicated on the Drawings, cut, move or remove items as necessary to provide access or to allow alteration and new construction to proceed, including:
1. Repair or removal of hazardous or unsanitary conditions.
2. Removal of abandoned items and items serving no useful purpose, such as abandoned piping, conduit and wiring.
3. Removal of unsuitable or extraneous materials not marked for salvage, such as abandoned furnishings and equipment, and debris such as rotted wood, rusted metals, and deteriorated concrete.
4. Cleaning of surfaces and removal of surface finishes needed to install new construction and finishes.
5. Disposal of items removed and not salvaged.
C. Cut and remove minimum amount of existing construction in manner which avoids damage to adjacent work.
ATTACHMENT 1
August, 2022 01352-3 F2E/Food Waste Processing Facility Bid Set
D. Cut finish surfaces such as masonry, tile, plaster, and metals by methods which terminate surfaces in straight line at natural points of division.
E. Perform cutting and patching as specified in Section 01732.
3.02 TRANSITION FROM EXISTING TO NEW WORK
A. When new construction abuts or finishes flush with existing construction, make smooth transitions and match architecture of existing construction.
B. Where partitions are removed, patch floors, walls, and ceilings with finish materials which match existing materials.
C. Where removal of partitions results in adjacent spaces becoming one, rework floors, walls, and ceilings to provide smooth planes without breaks, steps, or bulkheads.
D. Where changes of plane exceed 2 inches, request instructions for making transition.
E. Trim and refinish existing doors as necessary to clear new floors.
F. Match patched construction with adjacent construction in texture and appearance so that patch or transition is invisible at 5 foot distance.
G. When finished surfaces are cut so that smooth transition is impossible, terminate existing surface in neat manner along straight line at natural line of division and provide appropriate trim.
3.03 DAMAGED SURFACES
A. Patch and replace portions of existing finished surfaces which are damaged, lifted and discolored with matching material.
B. Provide adequate support of substrate prior to patching finishes.
C. Refinish patched portion of painted or coated surfaces in manner which produces uniform color and texture to entire surface.
D. When existing surface finish cannot be matched, refinish entire surface to nearest change of plane exceeding 45 degrees.
3.04 CLEANING
A. Perform periodic and final cleaning as specified in Sections 01500 and 01770.
B. Clean Owner-occupied areas and electrical rooms with electrical equipment installed daily, remove dirt and dust by sweeping, vacuuming and/or wet mopping to the satisfaction of the construction manager.
C. Clean spillage, overspray and heavy collection of dust in Owner-occupied areas immediately.
D. At completion of each portion of Work, clean area and make surfaces ready for successive portions of Work.
ATTACHMENT 1
August, 2022 01352-4 F2E/Food Waste Processing Facility Bid Set
E. At completion of alterations in each area, provide final cleaning and return space to condition suitable for use by Owner in similar condition as was present at the start of construction.
END OF SECTION
ATTACHMENT 1
August, 2022 01354-1 F2E/Food Waste Processing Facility Bid Set
SECTION 01354
HAZARDOUS MATERIAL PROCEDURES
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Procedures required when encountering hazardous materials at the Work site.
1.02 REFERENCES
A. California Health and Safety Code, Section 25117.
B. United States Code of Federal Regulation (CFR), Title 29 and Title 40.
C. State of California Code of Regulations (CCR), Title 8 and Title 22.
D. Steel Structure Painting Council - PA Guide 3.
E. 29 CFR 1910.1000.
F. 29 CFR 1910.134.
G. Steel Structure Painting Council:
1. Guide 61 - Guide for Containing Debris Generated During Paint Removal Operations.
2. Guide 71 - Guide for the Disposal of Lead-Contamination Surface Preparation Debris.
H. State of California Code of Regulations (CCR).
I. Steel Structure Painting Council Guide 61 - Description of Methods and Systems.
1.03 SUBMITTALS
A. Submit laboratory reports, hazardous material removal plans, and certifications.
1.04 HAZARDOUS MATERIALS PROCEDURES
A. Hazardous materials are those defined by California Health and Safety Code, Section 25117.
B. When Hazardous Materials Have Been Found:
1. Prepare and initiate implementation of plan of action.
2. Notify immediately Owner, Engineer, and other affected persons.
3. Notify such agencies as are required to be notified by Laws and Regulations with the times stipulated by such Laws and Regulations.
4. Designate a Certified Industrial Hygienist to issue pertinent instructions and recommendations for protection of workers and other affected persons' health and safety.
ATTACHMENT 1
August, 2022 01354-2 F2E/Food Waste Processing Facility Bid Set
5. Identify and contact subcontractors and licensed personnel qualified to undertake storage, removal, transportation, disposal, and other remedial work required by, and in accordance with laws and regulations.
C. Follow Procedures for Hazardous Materials in the General Conditions.
D. Forward to Engineer, copies of reports, permits, receipts, and other documentation related to remedial work.
E. Assume responsibility for worker health and safety, including health and safety of Subcontractors and their workers.
1. Instruct workers on recognition and reporting of materials that may be hazardous.
F. File requests for adjustments to Contract Times and Contract Price due to the finding of Hazardous Materials in the Work site in accordance with, General Conditions.
1. Minimize delays by continuing performance of the Work in areas not affected by hazardous materials operations.
1.05 ASBESTOS MATERIALS
A. It is the specific intent of these Contract Documents to exclude from the Work any and all products or materials containing asbestos. No products containing asbestos shall be incorporated in the Work.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
ATTACHMENT 1
August, 2022 01424-1 F2E/Food Waste Processing Facility Bid Set
SECTION 01424
ABBREVIATIONS
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Abbreviations and meanings.
1.02 INTERPRETATIONS
A. Interpret abbreviations by context in which abbreviations are used.
1.03 ABBREVIATIONS
A. Abbreviations Used to Identify Reference Standards:
AA Aluminum Association
AAMA Architectural Aluminum Manufacturers Association
AAN American Association of Nurserymen
AASHTO American Association of State Highway and Transportation Officials ABC Associated Air Balance Council
ABPA Acoustical and Board Products Association
ACI American Concrete Institute
ACIL American Council of Independent Laboratories
ADC Air Diffusion Council
AFBMA Anti-Friction Bearing Manufacturers' Association, Inc.
AGA American Gas Association
AGC Associated General Contractors
AGMA American Gear Manufacturers' Association
AI Asphalt Institute
AIA American Institute of Architects
AIMA Acoustical and Insulating Materials Association
AISC American Institute of Steel Construction
AISI American Iron and Steel Institute
AITC American Institute of Timber Construction
AMCA Air Moving and Conditioning Association
AMG Arizona Masonry Guild
ANSI American National Standards Institute
APA American Plywood Association
API American Petroleum Institute
ARI Air Conditioning and Refrigeration Institute
ASAHC American Society of Architectural Hardware Consultants ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AWI Architectural Woodwork Institute
AWPA American Wood Preservers Association
AWPI American Wood Preservers Institute
AWS American Welding Society
AWSC American Welding Society Code
ATTACHMENT 1
August, 2022 01424-2 F2E/Food Waste Processing Facility Bid Set
AWWA American Water Works Association
BHMA Builders Hardware Manufacturers Association
BIA Brick Institute of America
BSI Building Stone Institute
CLFMI Chain Link Fence Manufacturers Institute
CPSC U.S. Consumer Product Safety Commission
CRA California Redwood Association
CRI Carpet and Rug Institute
CRSI Concrete Reinforcing Steel Institute
CS Commercial Standards
CSI Construction Specifications Institute
CTI Ceramic Tile Institute
DHI Door and Hardware Institute
EIFS Exterior Insulation and Finish System
EJCDC Engineers Joint Contract Documents Committee
FGMA Flat Glass Marketing Association
FIA Factory Insurance Association
FM Factory Mutual
FS Federal Specifications
FTI Facing Tile Institute
GA Gypsum Association
ICBO International Conference of Building Officials
IEEE Institute of Electrical and Electronics Engineers
MAG Maricopa Association of Governments
MIA Marble Institute of America
ML/SFA Metal Lath/Steel Framing Association
MS Military Specifications
NAAMM National Association of Architectural Metal Manufacturers NAPA National Asphalt Pavement Association
NBHA National Builders Hardware Association
NCMA National Concrete Masonry Association
NEC National Electrical Code
NECA National Electrical Contractors Association
NETA International Electrical Testing Association
NEMA National Electrical Manufacturers Association
NFPA National Fire Protection Association
NFPA National Forest Products Association
NIST National Institute of Standards and Technology
NMWIA National Mineral Wood Insulation Association
NPCA National Paint and Coatings Association
NRCA National Roofing Contractors Association
NTMA National Terrazzo and Mosaic Association
NWMA National Woodwork Manufacturer's Association
PCA Portland Cement Association
ATTACHMENT 1
August, 2022 01424-3 F2E/Food Waste Processing Facility Bid Set
PCI Prestressed Concrete Institute
PDCA Paint and Decorating Contractors of America
PDI Plumbing and Drainage Institute
PEI Porcelain Enamel Institute
PS Product Standard
RTI Resilient Tile Institute
SAE Society of Automotive Engineers
SCPA Structural Clay Products Association
SDI Steel Door Institute
SIGMA Sealed Insulating Glass Manufacturers Association SJI Steel Joist Institute
SMACNA Sheet Metal and Air Conditioning Contractors National Association SSPC Steel Structures Painting Council
TCA Tile Council of America
UBC Uniform Building Code (ICBO)
UL Underwriters Laboratories, Inc.
USDA United States Department of Agriculture
VA Vermiculite Association
WCLA West Coast Lumberman's Association
WCLIB West Coast Lumber Inspection Bureau
WPA Western Pine Association
WPOA Western Plumbing Officials Association
WRC Welding Research Council
WSCPA Western States Clay Products Association
WWPA Western Wood Products Association
B. Abbreviations Used in Specifications:
a year or years (metric unit)
A ampere or amperes
am ante meridian (before noon)
ac alternating current
ac-ft acre-foot or acre-feet
atm atmosphere
AWG American Wire Gauge
bbl barrel or barrels
bd board
bhp brake horsepower
bil gal billion gallons
BOD biochemical oxygen demand
Btu British thermal unit or units
Btuh British thermal units per hour
bu bushel or bushels
C degrees Celsius
cal calorie or calories
cap capita
cd candela or candelas
ATTACHMENT 1
August, 2022 01424-4 F2E/Food Waste Processing Facility Bid Set
cfm cubic feet per minute
Ci curie or curies
cm centimeter or centimeters
cmu concrete masonry unit
CO carbon monoxide
Co. Company
CO2 carbon dioxide
COD chemical oxygen demand
Corp. Corporation
counts/min counts per minute
cu cubic
cu cm cubic centimeter or centimeters
cu ft cubic foot or feet
cu ft/day cubic feet per day
cu ft/hr cubic feet per hour
cu ft/min cubic feet per minute
cu ft/sec cubic feet per second
cu in cubic inch or inches
cu m cubic meter or meters
cu yd cubic yard or yards
d day (metric units)
day day (English units)
db decibels
DB dry bulb (temperature)
dc direct current
diam diameter
DO dissolved oxygen
DS dissolved solids
emf electromotive force
fpm feet per minute
F degrees Fahrenheit
ft feet or foot
fc foot-candle or foot candles
ft/day feet per day
ft/hr feet per hour
ft/min feet per minute
ft/sec feet per second
g gram or grams
G gravitational force
gal gallon or gallons
gal/day gallons per day
gal/min gallons per minutes
gal/sec gallons per second
g/L grams per liter
gpd gallons per day
gpd/ac gallons per day per acre
gpd/cap gallons per day per capita
gpd/sq ft gallons per day per square foot
gph gallons per hour
gpm gallons per minute
ATTACHMENT 1
August, 2022 01424-5 F2E/Food Waste Processing Facility Bid Set
gps gallons per second
h hour or hours (metric units)
ha hectare or hectares
hp high point
hp horsepower
hp-hr horsepower-hour or horsepower-hours
hr hour or hours (English units)
Hz hertz
ID inside diameter
ihp indicated horsepower
Inc. Incorporated
inch inch
inches inches
inches/sec inches per second
J joule or joules
JTU Jackson turbidity unit or units
k kips
K kelvin
K thermal conductivity
kcal kilocalorie or kilocalories
kcmil thousand circular mils
kg kilogram or kilograms
km kilometer or kilometers
kN kilonewton or kilonewtons
kPa kilopascal or kilopascals
ksi kips per square inch
kV kilovolt or kilovolts
kVA kilovolt-ampere or kilovolt-amperes
kW kilowatt or kilowatts
kWh kilowatt hour
L liter or liters
lb/1000 cu ft pounds per thousand cubic foot
lb/acre-ft pounds per acre-foot
lb/ac pounds per acre
lb/cu ft pounds per cubic foot
lb/day/cu ft pounds per day per cubic foot
lb/day/acre pounds per day per acre
lb/sq ft pounds per square foot
lin linear, lineal
lin ft linear foot or feet
lm lumen or lumens
log logarithm (common)
ln logarithm (natural)
lx lux
m meter or meters
M molar (concentration)
mA milliampere or milliamperes
max maximum
ATTACHMENT 1
August, 2022 01424-6 F2E/Food Waste Processing Facility Bid Set
mCi millicurie or millicuries
meq milliequivalent
uF microfarad or microfarads
MFBM thousand feet board measure
mg milligram or milligrams
mgd/ac million gallons per day per acre
mgd million gallons per day
mg/L milligrams per liter
mg/L parts per million
ug/L micrograms per liter
um micrometer or micrometers
mile mile
mil. gal million gallons
miles miles
min minimum
min minute or minutes
MLSS mixed liquor suspended solids
MLVSS mixed liquor volatile suspended solids
mm millimeter or millimeters
mol wt molecular weight
mol mole
Mpa megapascal or megapascals
mph miles per hour
MPN most probable number
mR milliroentgen or milliroentgens
Mrad megarad or megarads
mV millivolt or millivolts
MW megawatt or megawatts
N newton or newtons
N normal (concentration)
No. number
Nos numbers
NRC noise reduction coefficient
oc on center
OD outside diameter
ORP oxidation-reduction potential
OT ortho-tolidine
OTA ortha-tolidine-arsenite
oz ounce or ounces
oz/sq ft ounces per square foot
Pa pascal or pascals
pl plate or property line
pm post meridiem (afternoon)
ppb parts per billion
ppm parts per million
ppt parts per thousand
pr pair
psf/hr pounds per square foot per hour
psf pounds per square foot
psi pounds per square inch
psia pounds per square inch absolute
ATTACHMENT 1
August, 2022 01424-7 F2E/Food Waste Processing Facility Bid Set
psig pounds per square inch gauge
PVC polyvinyl chloride
qt quart or quarts
R radius
R roentgen or roentgens
rad radiation absorbed dose
RH relative humidity
rpm revolutions per minute
rps revolutions per second
s second (metric units)
S Siemens (mho)
SDI sludge density index
sec second (English units)
SI International System of Units
sp static pressure
sp gr specific gravity
sp ht specific heat
sq square
cm2 or sq cm square centimeter or centimeters
sq ft square feet or foot
sq inch square inch
sq inches square inches
km2 or sq km square kilometer or kilometers
m2 or sq m square meter or meters
mm2 or sq mm square millimeter or millimeters
sq yd square yard or yards
SS suspended solids
STC Sound Transmission Class
SVI sludge volume index
TDS total dissolved solids
TKN total Kjeldahl nitrogen
TLM median tolerance limit
TOC total organic carbon
TOD total oxygen demand
TOW top of weir
TS total solids
TSS total suspended solids
TVS total volatile solids
U U Factor
U Coefficient of Heat Transfer
U heat transfer coefficient
UNS Uniform Numbering System
US United States
V volt or volts
VA volt-ampere or volt-amperes
W watt or watts
WB wet bulb
ATTACHMENT 1
August, 2022 01424-8 F2E/Food Waste Processing Facility Bid Set
wg water gauge
wk week or weeks
wt weight
yd yard or yards
yr year or years (English unit)
C. Abbreviations Used on Drawings: As listed on Drawings or in Specifications.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
ATTACHMENT 1
August, 2022 01428-1 F2E/Food Waste Processing Facility Bid Set
SECTION 01428
IDENTIFICATION SYSTEMS
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Identification of equipment and components of systems with paint, brands, tags, and signboards.
B. Related Sections:
1. Section 01600 - Product Requirements.
2. Section 01770 - Closeout Procedures.
3. Section 09910 - Paints.
4. Section 09960 - High Performance Coatings.
1.02 SUBMITTALS
A. Submit Following:
1. Product Data.
2. Samples.
3. Manufacturer's Installation Instructions.
4. Submit following as specified in Section 01770:
a. Operation and Maintenance Data.
b. Warranty.
PART 2 PRODUCTS
2.01 MATERIALS
A. Paint: As specified in Section 09960.
B. Instrument and Valve Identification Tags: Stainless steel with stamped-in 1/4 inch high identifying lettering.
C. Pipe identification: Snap-on Markers: One of following with 3/4 inch high letters for 3/4 to 4 inch pipe or covering, or 5 inch high letters for 5 inch or larger pipe or cover:
1. Brady Bradysnap-On B-915.
2. Seton Setmark.
PART 3 EXECUTION
3.01 EXAMINATION
A. Verify that conditions are satisfactory for installation and application of products as specified in Section 01600
ATTACHMENT 1
August, 2022 01428-2 F2E/Food Waste Processing Facility Bid Set
3.02 PREPARATION AND PAINT APPLICATION
A. Prepare and paint surfaces as specified in Section 09960.
3.03 INSTRUMENT AND VALVE IDENTIFICATION
A. Provide identification tag for all valves and instruments.
3.04 PIPING IDENTIFICATION
A. Provide piping identification for all pipe systems. Painted pipe can be either painted on lettering per Section 15075 or snap on markers. Stainless Steel, Insulated, or other unpainted pipe shall have snap on markers. Identification shall be as specified in Section 15075.
3.05 SPECIAL ITEMS
A. Provide permanent identification for all accessible valves, equipment, instruments, and other items of equipment which are identified on Drawings or in Specifications by number.
END OF SECTION
ATTACHMENT 1
August, 2022 01450-1 F2E/Food Waste Processing Facility Bid Set
SECTION 01450
QUALITY CONTROL
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Quality control requirements and procedures for products and workmanship; sampling and testing of materials; testing of equipment; requirements for testing laboratories; procedures and limitations of inspection; and related matters.
1.02 REFERENCES
A. American Society for Testing and Materials (ASTM):
1. E 329 - Standard for Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction.
1.03 PRODUCTS AND WORKMANSHIP
A. Perform and complete work in thorough manner.
1. Call Engineer's attention to apparent errors, conflicts, discrepancies, or omissions in Contract Documents and request instructions before proceeding with the Work.
2. Engineer will issue written clarification or interpretation of requirements of the Contract Documents.
B. When specified, products will be tested and inspected either at point of origin or at Work site.
1. Notify Engineer in writing well in advance of when products will be ready for testing and inspection at point of origin.
2. Do not construe that satisfactory tests and inspections at point of origin is final acceptance of products. Satisfactory tests or inspections at point of origin do not preclude retesting or reinspection at Work site.
C. Do not ship products which require testing and inspection at point of origin prior to testing and inspection.
1.04 AUTHORITY AND DUTIES OF OWNER'S REPRESENTATIVE OR INSPECTOR A. Owner's Representative or Inspector employed or retained by Owner or Engineer is authorized to inspect the Work at the job site and at the point of origin at no additional cost to the Owner.
B. Inspections may extend to entire or part of the Work and to preparation, fabrication, and manufacture of products for the Work.
C. Deficiencies or defects in the Work which have been observed will be called to Contractor's attention.
D. Inspector Will Not:
1. Alter or waive provisions of Contract Documents.
2. Inspect Contractor's means, methods, techniques, sequences, or procedures for construction.
ATTACHMENT 1
August, 2022 01450-2 F2E/Food Waste Processing Facility Bid Set
3. Accept portions of the Work, issue instructions contrary to intent of Contract Documents, or act as foreman for Contractor.
4. Supervise, control, or direct Contractor's safety precautions or programs; or inspect for safety conditions on Work site, or of persons thereon, whether Contractor's employees or others.
E. Inspector Will:
1. Conduct on-site observations of the Work in progress to assist Engineer in determining when the Work is, in general, proceeding in accordance with Contract Documents.
2. Report to Engineer whenever Inspector believes that Work is faulty, defective, does not conform to Contract Documents, or has been damaged; or whenever there is defective material or equipment; or whenever Inspector believes the Work should be uncovered for observation or requires special testing.
1.05 INSPECTION
A. Material and equipment, and workmanship shall be subject to inspection and rejection when not in conformance with Contract Documents.
B. Remove defective work and products from Work site, whether in place or not, and replace or renew with work, material or equipment in conformance with Contract Documents.
C. Questions concerning acceptability of materials, classification of materials, and execution of the Work will be decided by Engineer.
D. Facilitate inspection by maintaining proper facilities and providing safe access to the Work, to shops where products are in preparation, and to warehouses and storage yards where products are stored.
E. Engineer's Observation of Work That Will Be Covered Up:
1. When directed to allow observation of work before it is covered up, provide timely notification of work readiness and allow Engineer reasonable time to observe such work before covering it up.
2. Uncover, at Contractor's cost, work covered up for which Engineer was not given timely notification or reasonable time to conduct observations.
3. Engineer may specify time requirements for timely notification and for performing observations, but no less than 24 hour notice is required as a minimum.
1.06 SAMPLING AND TESTING
A. General:
1. Prior to delivery and incorporation in the Work, submit listing of sources of materials, when specified in Sections where materials are specified.
2. When specified in Sections where products are specified, a. Submit sufficient quantities of representative samples of character and quality required of materials to be used in the Work for testing or examination. b. Test materials in accordance with standards of national technical organizations.
B. Sampling:
1. Furnish specimens of materials when requested.
ATTACHMENT 1
August, 2022 01450-3 F2E/Food Waste Processing Facility Bid Set
2. Do not use materials which are required to be tested until testing indicates satisfactory compliance with specified requirements.
3. Specimens of materials will be taken for testing whenever necessary to determine quality of material.
4. Assist Engineer in preparation of test specimens at site of Work, such as soil samples and concrete test cylinders.
C. Test Standards:
1. Perform sampling, specimen preparation, and testing of materials in accordance with specified standards, and when no standard is specified, in accordance with standard of nationally recognized technical organization.
2. Physical characteristics of materials not particularly specified shall conform to standards published by ASTM, where applicable.
3. Standards and publication references in Contract Documents shall be edition or revision in effect on date stipulated in Document 00700.
1.07 TESTING LABORATORY SERVICES
A. Qualification of Laboratory provided by Contractor:
1. Meets "Recommended Requirements for Independent Laboratory Qualification", published by American Council of Independent Laboratories.
2. Meets requirements of ASTM E 329.
3. Has authorization to operate in state in which Project is located.
4. Will submit copy of report of inspection of facilities made by Materials Reference Laboratory of NBS during most recent tour of inspection, with memorandum of remedies of deficiencies reported by inspection.
5. Has testing equipment calibrated at reasonable intervals by devices of accuracy traceable to NBS or accepted values of natural physical constants.
B. Laboratory Duties:
1. Cooperate with Engineer and Contractor.
2. Provide qualified personnel.
3. Notify Engineer and Contractor, in writing, of response time needed to schedule testing or inspections after receipt of notice.
4. Perform specified inspections, sampling and testing of materials and methods of construction in accordance with specified standards to ascertain compliance of materials with requirements of Contract Documents.
5. Promptly notify Engineer and Contractor of observed irregularities or deficiencies of construction.
6. Promptly submit written report of each test and inspection; one copy each to Engineer, Owner, Contractor, and one copy to file of Project Record Documents.
Each report shall include:
a. Date issued.
b. Project title and number.
c. Testing laboratory name, address and telephone number. d. Name and signature of laboratory inspector.
e. Date and time of sampling or inspection.
f. Record of temperature and weather conditions.
g. Date of test.
h. Identification of product and Specification section. i. Location of sample or test in Project.
j. Type of inspection or test.
k. Results of tests and compliance with Contract Documents. l. Interpretation of test results, when requested by Engineer.
ATTACHMENT 1
August, 2022 01450-4 F2E/Food Waste Processing Facility Bid Set
C. Limitations of Authority of Testing Laboratory: Laboratory is not authorized to:
1. Release, revoke, alter or enlarge on requirements of Contract Documents.
2. Approve or accept portion of Work.
3. Perform duties of Contractor.
1.08 CONTRACTOR'S RESPONSIBILITIES:
A. Cooperate with laboratory personnel and provide access to construction and manufacturing operations.
B. Secure and deliver to laboratory adequate quantities of representative samples of materials proposed to be used and which require testing.
C. Provide to laboratory preliminary mix design proposed to be used for concrete, and other materials mixes which require control by testing laboratory.
D. Furnish copies of product test reports.
E. Furnish Incidental Labor and Facilities:
1. To provide access to construction to be tested.
2. To obtain and handle samples at Work site or at source of product to be tested.
3. To facilitate inspections and tests.
4. For storage and curing of test samples.
F. Notify laboratory in advance of when observations, inspections and testing is needed for laboratory to schedule and perform in accordance with their notice of response time.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
ATTACHMENT 1
August, 2022 01500-1 F2E/Food Waste Processing Facility Bid Set
SECTION 01500
TEMPORARY FACILITIES AND CONTROLS
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Furnishing, maintaining, and removing construction facilities and temporary controls, including temporary utilities, construction aids, barriers and enclosures, security, access roads, temporary controls, project sign, field offices and sheds, and removal after construction. Section also includes compliance with environmental documents and building permit requirements.
B. Related Sections:
1. Section 01140 - Work Restrictions: Utilities.
2. Requirements are of concern to Owner and are representative of construction facilities and controls which are solely Contractor responsibility.
3. No attempt is made to set out in detail means or methods necessary to satisfy requirements.
a. Recognition of requirements is made to assist Contractor in the identification of necessary costs.
1.02 PERMITS
A. Contractor shall pay the cost of all other permits as part of the Contract work at no additional cost to the Owner.
1.03 TEMPORARY UTILITIES
A. Temporary Electrical Power:
1. Owner will pay for cost of electricity. Contractor shall arrange and pay for connection to either local utility or plant MCC or other electrical panel. If the Owner's electrical service is utilized, the Contractor connection and use of Owner facilities shall not impact plant operations. The nearest Owner electrical service suitable for Contractors needs without impacting the plant operations may not be immediately adjacent to the Contractor’s construction area. Contractor shall bear the cost of extending the electrical service to the project trailers and construction area. Service connection shall include a separate meter to record power usage.
2. Provide and maintain adequate jobsite power distribution facilities conforming to applicable Laws and Regulations.
B. Temporary Electrical Lighting:
1. In work areas, provide temporary lighting sufficient to maintain lighting levels during working hours not less than lighting levels required by OSHA and state agency which administers OSHA regulations where Project is located.
2. When available, permanent lighting facilities may be used in lieu of temporary facilities.
a. Prior to Substantial Completion of the Work, replace bulbs, lamps, or tubes used by Contractor for lighting.
C. Temporary Heating, Cooling, and Ventilating:
ATTACHMENT 1
August, 2022 01500-2 F2E/Food Waste Processing Facility Bid Set
1. Heat and ventilate work areas to protect the Work from damage by freezing, high temperatures, weather, and to provide safe environment for workers.
2. Permanent heating system may be utilized when sufficiently completed to allow safe operation.
D. Temporary Water:
1. To the extent allowable, construction water shall consist of non-potable recycled water in conformance with City ordinance and regulations.
2. Owner will make non-potable water available for construction at spigots within the facility. Contractor shall be responsible for any cost associated with personnel to training relating to the utilization of said recycled water. Contractor shall be responsible for cost of constructing facilities necessary for transporting construction water and for actual transportation costs from spigots to the project site. Contractor shall be responsible for paying for and constructing facilities necessary to furnish potable water for human consumption.
3. Remove temporary piping and connections and restore affected portions of the facility to at least original condition before Substantial Completion.
E. Temporary Sanitary Facilities:
1. Provide suitable and adequate sanitary facilities that are in compliance with applicable Laws and Regulations.
2. At completion of the Work, remove sanitary facilities and leave site in neat and sanitary condition.
F. Temporary Fire Protection: Provide sufficient number of fire extinguishers of type and capacity required to protect the Work and ancillary facilities.
G. First Aid: Post first aid facilities and information posters conforming to requirements of OSHA and other applicable Laws and Regulations in readily accessible locations.
H. Maintain a copy of Contractor Health and Safety Plan on-site at all times.
I. Utilities in Existing Facilities: See Section 01140 - Work Restrictions.
1.04 CONSTRUCTION AIDS
A. Provide railings, kick plates, enclosures, safety devices, and controls required by Laws and Regulations and as required for adequate protection of life and property.
B. Use construction hoists, elevators, scaffolds, stages, shoring, and similar temporary facilities of ample size and capacity to adequately support and move loads.
C. Design temporary supports with adequate safety factor to assure adequate load bearing capability.
1. When requested, submit design calculations by professional registered Engineer prior to application of loads.
2. Submitted design calculations are for information and record purposes only.
D. Accident Prevention:
1. Exercise precautions throughout construction for protection of persons and property.
2. Observe safety provisions of applicable Laws and Regulations.
3. Guard machinery and equipment, and eliminate other hazards.
ATTACHMENT 1
August, 2022 01500-3 F2E/Food Waste Processing Facility Bid Set
4. Make reports required by authorities having jurisdiction, and permit safety inspections of the Work.
5. Before commencing construction Work, take necessary action to comply with provisions for safety and accident prevention.
E. Barricades:
1. Place barriers at ends of excavations and along excavations to warn pedestrian and vehicular traffic of excavations.
2. Provide barriers with flashing lights after dark.
3. Keep barriers in place until excavations are entirely backfilled and compacted.
4. Barricade excavations to prevent persons from entering excavated areas in streets, roadways, parking lots, treatment plants, or other public or private areas.
F. Warning Devices and Barricades: Adequately identify and guard hazardous areas and conditions by visual warning devices and, where necessary, physical barriers.
1. Devices shall conform to minimum requirements of OSHA and State agency which administers OSHA regulations where Project is located.
G. Hazards in Public Right-of-Way:
1. Mark at reasonable intervals, trenches and other continuous excavations in public right-of-way, running parallel to general flow of traffic, with traffic cones, barricades, or other suitable visual markers during daylight hours. a. During hours of darkness, provide markers with torches, flashers, or other adequate lights.
2. At intersections or for pits and similar excavations, where traffic may reasonably be expected to approach head on, protect excavations by continuous barricades. a. During hours of darkness, provide warning lights at close intervals.
H. Hazards in Protected Areas: Mark or guard excavations in areas from which public is excluded, in manner appropriate for hazard.
I. Above Grade Protection: On multi-level structures, provide safety protection that meets requirements of OSHA and State agency which administers OSHA regulations where Project is located.
J. Protect existing structures, trees, shrubs, and other items to be preserved on Project site from injury, damage or destruction by vehicles, equipment, worker or other agents with substantial barricades or other devices commensurate with hazards.
K. Fences:
1. Provide fencing around Contractor’s lay down area as required to provide secure storage. Note that lay down area may require leveling and or all weather surface preparation depending on Contractor’s needs. All such work shall be performed by and paid for by Contractor.
L. Exposed Excavations and Trenches:
1. Protect all exposed excavations, pits, and trenches from personnel access when work is not occurring in the area.
M. Traffic Control
1. Provide continuous traffic control when any of the Contractors activities block access ramps or take place in normal traffic areas, including the main tip floor.
1.05 SECURITY
ATTACHMENT 1
August, 2022 01500-4 F2E/Food Waste Processing Facility Bid Set
A. Make adequate provision for protection of the Work area against fire, theft, and vandalism, and for protection of public against exposure to injury. The Owner's facilities are not completely secure and the Owner does not warrant Contractor's materials and equipment from theft or vandalism.
1.06 ACCESS ROADS
A. General:
1. Build and maintain access roads to and on site of the Work to provide for delivery of material and for access to existing and operating plant facilities on site.
2. Build and maintain dust free roads which are suitable for travel at 20 miles per hour.
B. Off-site Access Roads:
1. Build and maintain graded earth roads.
2. Build roads only in public right-of-way or easements obtained by Owner.
3. Obtain rights-of-way or easements when electing to build along other alignment.
C. On-site Access Roads:
1. Maintain access roads to storage areas and other areas to which frequent access is required.
2. Maintain similar roads to existing facilities on site of the Work to provide access for maintenance and operation.
3. Protect buried vulnerable utilities under temporary roads with steel plates, wood planking, or bridges.
4. Maintain on-site access roads free of mud. Under no circumstances shall vehicles leaving the site track mud off the site onto the public right-of-way.
1.07 TEMPORARY CONTROLS
A. Dust Control:
1. Prevent dust nuisance caused by operations, unpaved roads, excavation, backfilling, demolition, or other activities.
2. Control dust by sprinkling with water, use of dust palliatives, modification of operations, or other means acceptable to agencies having jurisdiction.
3. Promptly remove any dust, debris, trash, or left over working or waste materials at the end of the day from building interiors or any working areas requiring access by plant personnel. All existing equipment, building interiors, and working areas requiring plant access that are affected by construction activities shall as a minimum be cleaned of dust by hand washing, wipe down, moping, or vacuuming once per week. All new and existing equipment surfaces shall be protected from dust from construction activities and hand cleaned a minimum of once per week and more often if excessive dust is accumulating.
B. Noise Control:
1. In inhabited areas, particularly residential, perform operations in manner to minimize noise.
2. In residential areas, take special measures to suppress noise during night hours.
3. Limit all construction activities within the city to the hours from 7 a.m. to 7 p.m. to ensure compliance with Section 17.13.04(A) of the City of Manteca Municipal Code.
ATTACHMENT 1
August, 2022 01500-5 F2E/Food Waste Processing Facility Bid Set
4. Properly maintain and equip all construction equipment with noise control, such as mufflers, in accordance with manufacturers’ specifications.
5. Place noisy stationary equipment (e.g., compressors, generators) away from existing off-site noise-sensitive receptors and/or provide acoustical shielding.
C. Mud Control:
1. Prevent mud nuisance caused by construction operations, unpaved roads, excavation, backfilling, demolition, or other activities.
1.08 PROJECT SIGN
A. Not required.
1.09 FIELD OFFICES AND SHEDS
A. Contractor 's Field Office:
1. Not Required.
B. Construction Manager's Field Office:
1. Not Required.
1.10 REMOVAL
A. Remove temporary buildings and furnishings before inspection or when directed.
B. Clean and repair damage caused by installation or use of temporary facilities.
C. Remove underground installations to minimum depth of 24 inches and grade to match surrounding conditions.
D. Restore existing facilities used during construction to specified or original condition.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
ATTACHMENT 1
ATTACHMENT 1
August, 2022 01600-1 F2E/Food Waste Processing Facility Bid Set
SECTION 01600
PRODUCT REQUIREMENTS
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Product requirements; product selection; products schedule; execution; manufacturer's instructions; and delivery, handling, and storage.
1.02 PRODUCT REQUIREMENTS
A. Comply with Specifications and referenced standards as minimum requirements.
B. Provide products by same manufacturer when products are of similar nature, unless otherwise specified.
C. Provide identical products when products are required in quantity.
D. Provide products with interchangeable parts whenever possible.
E. Require each equipment manufacturer to have maintenance facilities meeting the following requirements:
1. Minimum 3 years operational experience.
2. Location in continental United States.
3. Equipment and tools capable of making repairs.
4. Staff qualified to make repairs.
5. Inventory of maintenance spare parts.
1.03 PRODUCT SELECTION
A. When products are specified by standard or specification designations of technical societies, organizations, or associations only, provide products which meet or exceed reference standard and Specifications.
B. When products are specified with names of manufacturers but no model numbers or catalog designations, provide:
1. Products by one of named manufacturers, which meets or exceeds Specifications.
2. Accepted or-equals.
C. When products are specified with names of manufacturers and model numbers or catalog designations, provide:
1. Products with model numbers or catalog designations by 1 of named manufacturers.
2. Accepted or-equals.
D. When products are specified with names of manufacturers, but with brand or trade names, model numbers, or catalog designations by 1 manufacturer only, provide:
1. Products specified by brand or trade name, model number, or catalog designation.
2. Products by 1 of named manufacturers proven in accordance with requirements for or-equals to meet or exceed quality, appearance and performance of specified brand or trade name, model number, or catalog designation.
ATTACHMENT 1
August, 2022 01600-2 F2E/Food Waste Processing Facility Bid Set
3. Accepted or-equals.
E. When Products are specified with only 1 manufacturer followed by "or Equal," provide:
1. Products meeting or exceeding Specifications by specified manufacturer.
2. Accepted or-equals.
1.04 QUALITY ASSURANCE
A. Employ entities that meet or exceed specified qualifications, to execute the Work.
B. Inspect conditions before executing subsequent portions of the Work. Accept responsibility for correcting unsatisfactory conditions upon executing subsequent portions of the Work.
C. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, and racking.
1.05 DELIVERY, HANDLING, AND STORAGE
A. Prepare Products for Shipment by:
1. Applying grease and lubricating oil to bearings and similar items.
2. Separately packing or otherwise suitably protecting bearings.
3. Tagging or marking products to agree with delivery schedule or Shop Drawings.
4. Including complete packing lists and bills of material with each shipment.
5. Packaging products to facilitate handling and protection against damage during transit, handling and storage.
B. Transport products by methods that avoid product damage. Deliver products in undamaged condition in manufacturer's unopened containers or packaging.
C. Provide equipment and personnel to handle products by methods to prevent soiling or damage.
D. Upon delivery, promptly inspect shipments. Verify compliance with Contract Documents, correct quantities and undamaged condition of products. Immediately store and protect products and materials until installed in Work.
E. Store products with seals and legible labels intact.
F. Store moisture sensitive products in weathertight enclosures.
G. Maintain products within temperature and humidity ranges required or recommended by manufacturer.
H. Connect and operate space heaters during storage when ambient temperatures fall below temperatures recommended by manufacturer.
I. Protect painted surfaces against impact, abrasion, discoloration, and other damage.
Repaint damaged painted surfaces.
J. Exterior Storage of Fabricated Products:
1. Place on above ground supports which allow for drainage.
2. Cover products subject to deterioration with impervious sheet covering.
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August, 2022 01600-3 F2E/Food Waste Processing Facility Bid Set
3. Provide ventilation to prevent condensation under covering.
K. Store loose granular materials on solid surfaces in well-drained area. Prevent materials mixing with foreign matter.
L. Provide access for inspection.
1.06 MANUFACTURER'S INSTRUCTIONS
A. Deliver, handle, store, install, erect, or apply products in accordance with manufacturer's instructions, Contract Documents and industry standards.
B. Periodically inspect to assure products are undamaged and maintained under required conditions.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
ATTACHMENT 1
ATTACHMENT 1
August, 2022 01612-1 F2E/Food Waste Processing Facility Bid Set SECTION 01612
SEISMIC DESIGN CRITERIA
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Seismic design criteria for the following:
1. Contractor or vendor provided design for support systems and anchorage of mechanical equipment, electrical equipment and distributed systems (i.e. piping, conduit, ducting, other), shall be, in accordance with section 1.03, and as called for below;
a. Where the mechanical or electrical equipment has a weight of four hundred pounds (400 lbs) or more.
b. Where the mechanical or electrical equipment has a weight of less than four hundred pounds (400 lbs) and a center of mass located four feet (4’-0”) or more above the adjacent floor level.
c. Where mechanical or electrical equipment has a weight of twenty pounds (20 lbs) or less or, in the case of a distributed system that has a weight of five pounds per feet (5 lbs/ft) or less, seismic anchorage need not be considered.
Where multiple distributed systems are supported off of the same system their combined weight must be used in determining if design is required for the support system.
d. Typical Details may have been provided for supporting mechanical equipment, electrical equipment and distributed systems (i.e. piping, conduit, ducting, other) as well as for stairs ladders and other miscellaneous items in the construction documents. These Typical Details are to be used for a minimum standard for style, size, and materials and shall be used as a guide for the contractor in designing the specific item or system utilized on the project Design for these systems shall be provided in the submittal. The design shall include details and calculations stamped and signed by a Civil or Structural engineer registered in the State of California.
2. Contractor or vender provided seismic design of tanks and anchorage of tanks.
3. Other Contractor or vender provided structures or items as specified or indicated on the Drawings.
4. In addition to the requirements of 1-3 above, provide seismic design for support systems, internal connections and packaged components as called for below;
a. Seismic design of Premanufactured Modular Mechanical and Electrical Systems (i.e. Electrical Switch Boards, Motor Control Centers, Standby Generators and Skid Mounter Systems with an Enclosure), where the Premanufactured Mechanical and Electrical Modules are six feet (6’-0”) or taller and that contain or support mechanical and electrical components shall be designed in accordance with ASCE 7-16 Chapter 15 ‘Nonbuilding Structures Similar to Buildings’. Nonstructural components contained or supported within the modular systems shall be designed in accordance with ASCE 7-16 Chapter 13. Provide design that includes details and calculations stamped and signed by a Civil or Structural engineer registered in the State of California.
ATTACHMENT 1
August, 2022 01612-2 F2E/Food Waste Processing Facility Bid Set b. If Premanufactured Modular Mechanical and Electrical Systems (i.e.
Electrical Switch Boards, Motor Control Centers, Standby Generators and Skid Mounter Systems with an Enclosure) is ‘Prequalified’ in accordance with ASCE 7-16 Chapter 13 section 13.2.2, it is exempt from the requirements of Section 4.a above. Manufacturer shall provide seismic qualification based on a nationally recognized testing standard procedure, such as ICC-ES AC 156. Seismic qualification by experience data based on nationally recognized procedures is also acceptable. Seismic pre-approval from OSHPD will also satisfy this requirement. Certification must be provided for either listed option.
Certification must show seismic capacities are equal to or exceed the seismic demands that are project specific.
c. Section 1.01.A.4 shall not apply to Skid-Mounted Equipment without an enclosure (i.e. pumps), and single large components, such as air handlers, cooling towers, chillers and boilers.
5. All design calculations shall be per 2019 CBC Chapter 16 load combinations.
1.02 REFERENCES
A. International Code Council (ICC).
B. California Building Code (CBC).
C. American Society of Civil Engineers
1. 7-16 Minimum Design Loads and Associated Criteria for Buildings and Other Structures (ASCE 7-16)
D. American Concrete Institute
1. 318-14 Building Code Requirements for Structural Concrete (ACE 318-14) a. Chapter 17-Anchoring to Concrete
E. California Office of Statewide Health Planning and Development’s (OSHPD) Seismic Preapproval.
1.03 SEISMIC DESIGN CRITERIA
A. Design Requirements for all items provided by the Contractor:
1. Design in accordance of the 2019 California Building Code. a. Risk Category, III
b. Site Class, D
c. Spectral Acceleration Parameter, Ss:0.824
d. Spectral Acceleration Parameter, S1:0.308
e. Design Spectral Acceleration at short period, SDS: 0.659g f. Component Amplification Factor, aP: In accordance with ASCE 7-16, “Minimum Design Loadings and Associated Criteria for Buildings and Other Structures”, Tables 13.5-1 and 13.6-1.
g. Component Response Modification Factor, RP: In accordance with ASCE 7- 16, Tables 13.5-1 and 13.6-1.
ATTACHMENT 1
August, 2022 01612-3 F2E/Food Waste Processing Facility Bid Set h. Overstrength Coefficients, o: In accordance with ASCE 7-16, Tables 13.5-1 and 13.6-1
i. Component Importance Factor, IP: In accordance with ASCE 7-16, Section
13.1.3 but not less than 1.25
j. Component Response Modification Factor, R: In accordance with ASCE 7-16, Tables 15.4-1 and 15.4-2
k. Overstrength Coefficients, o: In accordance with ASCE 7-16, Tables 15.4-1 and 15.4-2
l. Deflection Amplification Factor, Cd: In accordance with ASCE 7-16, Tables
15.4-1 and 15.4-2
m. Importance Factor, Ie: In accordance with ASCE 7-16, Section 15.4.1.1 but no less than 1.25.
2. Do not use friction to resist sliding due to seismic forces.
3. Do not use more than 60 percent of the weight of the mechanical and electrical equipment for designing anchors for resisting overturning due to seismic forces.
4. Do not use more than 60 percent of the weight of the tank for resisting overturning due to seismic forces.
5. Use anchor bolts, bolts, or welded studs for anchors for resisting seismic forces.
Anchor bolts used to resist seismic forces shall have a standard hex bolt head. Do not use anchor bolts fabricated from rod stock with an L or J shape.
6. Do not use concrete anchors, flush shells, adhesive anchors, powder actuated fasteners, or other types of anchors unless indicated on the Drawings or accepted in writing by the ENGINEER.
7. Where adhesive anchors are allowed, personnel used for installation shall be certified by an applicable certification program per ACI 318-14 section 17.8.2.2.
8. Anchor design capacity is to be independent of reinforcing steel in the concrete providing ductility.
9. Seismic forces must be resisted by direct bearing on the fasteners used to resist seismic forces. Do not use connections which use friction to resist seismic forces.
1.04 SUBMITTALS
A. Shop Drawings and Calculations: Complete shop drawings and seismic calculations.
B. Calculations shall be signed and stamped by a civil or structural Professional.
Engineer licensed to practice in the state where the Project is located. All calculations shall be done in English units.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
ATTACHMENT 1
ATTACHMENT 1
August, 2022 01614-1 F2E/Food Waste Processing Facility Bid Set
SECTION 01614
WIND DESIGN CRITERIA
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Wind design criteria for the following:
1. Design of equipment, light poles, flag poles, antenna poles, freestanding walls, solid signs, tanks, facilities, buildings and all other structures as indicated in ASCE
7. Wind design shall be considered for all cases listed unless equipment is ‘housed’ in a structure or when it can be demonstrated that Wind design does not govern. The minimum Wind loading for other elements that are not defined in ASCE 7 shall be sixteen pounds per square foot (16 lbs/ft2) multiplied by its area.
2. Design of anchorage for the Item 1. Listed above.
3. Other structures or items as specified or indicated on the Contract Drawings and as required by the 2019 California Building Code.
4. All design calculation shall be per 2019 CBC Chapter 16 Load Combinations.
1.02 REFERENCES
A. International Code Council (ICC)
B. California Building Code (CBC).
C. American Society of Civil Engineers
1. 7-16 Minimum Design Loads for Buildings and Other Structures (ASCE 7-16)
1.03 SYSTEM DESCRIPTION
A. Design Requirements: Design in accordance with the requirements of the 2019 California Building Code.
1. Risk Category: III
2. Basic Wind Speed (3 second gust):
a. Ultimate design wind speed, VULT = 115 mph
b. Nominal design wind speed, VASD = 90 mph
3. Exposure Category: C
4. Topographic Factor, Ktz = shall be in accordance with ASCE 7-16 Standard.
5. Use anchor bolts, bolts, or welded studs for anchors for resisting wind forces.
Anchor bolts used to resist wind forces shall have a standard hex bolt head. Do not use anchor bolts fabricated from rod stock with an L or J shape. a. Do not use concrete anchors, flush shells, adhesive anchors, powder actuated fasteners, or other types of anchor unless indicated on the Drawings or accepted in writing by the ENGINEER.
b. Where adhesive anchors are allowed personnel used for installation shall be certified by an applicable certification program per ACI 318-14 section
17.8.2.2. c. Wind forces must be resisted by direct bearing on the anchors used to resist wind forces. Do not use connections which use friction to resist wind forces.
6. Anchor design capacity is to be independent of reinforcing steel in the concrete providing ductility.
1.04 SUBMITTALS
ATTACHMENT 1
August, 2022 01614-2 F2E/Food Waste Processing Facility Bid Set
A. Shop Drawings and Calculations: Complete shop drawings and wind calculations.
B. Calculations shall be signed and stamped by a civil or structural Professional Engineer licensed to practice in the state where the Project is located. All calculations shall be done in English units.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
ATTACHMENT 1
August, 2022 01732-1 F2E/Food Waste Processing Facility Bid Set
SECTION 01732
CUTTING AND PATCHING
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Cutting and patching existing and new construction.
B. Related Sections:
1. Section 01330 - Submittal Procedures.
2. Section 01600 - Product Requirements.
1.02 SUBMITTALS
A. Submit Details of Proposed Construction as specified in Section 01330. Before Cutting or Patching Construction Affecting:
1. Work of Owner or of others.
2. Structural integrity of element of Project.
B. Include with Submittal:
1. Identification of Work.
2. Description of affected construction.
3. Necessity for cutting, patching, alteration, or excavation.
4. Description of proposed construction.
5. Scope of cutting, patching, alteration, or excavation.
PART 2 PRODUCTS
2.01 MATERIALS
A. Comply with specifications and standards for products involved.
PART 3 EXECUTION
3.01 PREPARATION
A. Provide adequate temporary support as necessary to ensure structural integrity of affected portion of Work.
B. Provide devices and methods to protect other portions of Project from damage and persons from injury.
C. Provide protection from elements for that portion of Project which may be exposed by cutting and patching, and maintain excavations free from water.
3.02 CUTTING AND PATCHING
A. Cut, Fit, and Patch When Required To:
1. Make its several parts fit together properly.
2. Remove and replace construction not conforming to Contract Documents.
3. Remove samples of installed construction as specified for testing.
ATTACHMENT 1
August, 2022 01732-2 F2E/Food Waste Processing Facility Bid Set
4. Provide routine penetrations of nonstructural surfaces for installation of piping and electrical conduit.
B. Execute cutting and demolition by methods which will prevent damage and will provide proper surfaces to receive installation of repairs.
C. Openings in existing concrete and masonry.
1. Create Openings By:
a. Saw cutting completely through concrete or masonry, or b. Scoring edges of opening with saw to at least 1 inch depth on both surfaces (when accessible) and removing concrete or masonry by chipping.
2. Do not allow saw cuts to extend beyond limits of opening.
3. Make corners square and true by combination of core drilling and grinding or chipping.
4. Prevent debris from falling into adjacent tanks or channels in service or from damaging existing equipment and other facilities.
5. Provide adequate opening for placement of new reinforcing steel with clearances in opening.
D. Sizing of openings in existing concrete or masonry.
1. Make openings sufficiently large to permit final alignment of pipe and fittings without deflections.
2. Allow adequate space for packing around pipes and conduit to ensure watertightness.
E. Grouting pipes in place.
1. Sandblast concrete surfaces and thoroughly clean sand and other foreign material from surfaces prior to placing grout.
2. Grout pipes, sleeves, castings, and conduits in place by pouring grout under a head of at least 4 inches. Vibrate grout into place. Completely fill the spaces occupied by pipes, sleeves, castings, and conduits.
3. Water cure the grout.
F. Connections to existing pipes.
1. Cut existing pipe square.
2. Properly prepare the ends for the connection indicated on the Drawing.
3. Repair any damage to existing lining and coating.
G. Rehabilitate all areas affected by removal of existing equipment, equipment pads and bases, piping, supports, electrical panels, electric devices, and conduits such that little or no evidence of the previous installation remains.
1. Fill areas in existing floors, walls, and ceilings from removed piping, conduit and fasteners with non-shrink grout and finish smooth.
2. Remove Concrete Bases for Equipment and Supports By:
a. Saw cutting clean, straight lines with a depth equal to the concrete cover over reinforcement minus 1/2 inch below finished surface. Do not cut existing reinforcement on floors.
b. Chip concrete within scored lines and cut exposed reinforcing steel and anchor bolts.
c. Patch with non-shrink grout to match adjacent grade and finish.
3. Terminate abandoned piping and conduits with blind flanges, caps, or plugs.
H. Treat Existing Concrete Reinforcement as Follows:
1. Where existing reinforcement is to remain, protect, clean, and extend into new ATTACHMENT 1
August, 2022 01732-3 F2E/Food Waste Processing Facility Bid Set
concrete.
2. Where Existing Reinforcement Is Not to Be Retained, Cut off as Follows:
a. Where new concrete joins existing concrete at the removal line, cut reinforcement flush with concrete surface at the removal line. b. Where concrete surface at the removal line is the finished surface, cut reinforcement 2 inches below the surface, paint ends with epoxy, and patch holes with dry pack mortar.
END OF SECTION
ATTACHMENT 1
ATTACHMENT 1
August, 2022 01738-1 F2E/Food Waste Processing Facility Bid Set
SECTION 01738
SELECTIVE DEMOLITION
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Demolition of portions of structures indicated on the drawings.
1.02 SUBMITTALS
A. Shop Drawings: Include:
1. Demolition methods of load bearing structures not indicated on the Drawings signed and sealed by structural Professional Engineer registered in state where Project is located.
2. Method of removing embedded relics and antiques.
B. Submittals for Information Only:
1. Permits and notices authorizing demolition.
2. Certificates of severance of utility services.
3. Permit for transport and disposal of debris.
4. Demolition procedures and operational sequence.
C. Project Record Documents: Include locations of service lines and capped utilities.
1.03 REGULATORY REQUIREMENTS
A. Dispose of debris in accordance with governing regulatory agencies.
B. Comply with applicable air pollution control regulations.
C. Obtain permits for building demolition, transportation of debris to disposal site and dust control.
1.04 PREPARATION
A. Protect areas not being demolished from damage by demolition activities.
1.05 ENVIRONMENTAL REQUIREMENTS
A. Do not interfere with use of adjacent buildings. Maintain free and safe passage to and from.
B. Prevent movement, settlement or collapse of structures adjacent services, sidewalks, driveways and trees. Provide and place bracing or shoring. Assume liability for movement, settlement or collapse. Promptly repair damage.
C. Cease operations and notify Engineer immediately when safety of structure appears to be endangered. Take precautions to properly support structure. Do not resume operations until safety is restored.
ATTACHMENT 1
August, 2022 01738-2 F2E/Food Waste Processing Facility Bid Set
D. Provide erect and maintain barricades, lighting, guard rails, and protective devices as required to protect building occupants, general public, workers, and adjoining property.
1.06 EXISTING SERVICES
A. Arrange and pay for capping and plugging utility services. Disconnect and stub off.
Notify affected utility company in advance and obtain approval before starting demolition.
B. Place markers to indicate location of disconnected services.
1.07 MAINTAINING TRAFFIC
A. Do not close or obstruct roadways without permits.
B. Conduct operations with minimum interference to public or private roadways.
1.08 MATERIALS
A. Materials and equipment to be retained by Owner:
1. Per Section 01352.
B. Materials and equipment to be re-installed:
1. None.
C. Contractor shall furnish all materials, tools. equipment, devices, appurtenances, facilities and services required for performing selective demolition work.
D. Erect weatherproof closures for exterior openings. Maintain exit requirements.
E. Erect and maintain dustproof partitions as required to prevent spread of dust, fumes and smoke to other parts of building. On completion, remove partitions and repair damaged surfaces to match adjacent surfaces.
F. Protect interior of building from rain and water damage.
G. Provide and maintain protective devices to prevent injury from falling objects.
H. Locate guard rails in stairwells and around open shafts to protect workers. Post clearly visible warning signs.
I. Cause as little inconvenience to adjacent occupied building areas as possible.
J. Protect bench marks and existing construction to remain from damage or displacement.
K. Carefully remove designated materials and equipment to be retained by Owner or reinstalled. Deliver materials and equipment when and where directed by Engineer. Store and protect materials and equipment to be re-installed.
1.09 DEMOLITION
A. Demolish designated portions of structures and appurtenances in orderly and careful manner.
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August, 2022 01738-3 F2E/Food Waste Processing Facility Bid Set
B. Assume possession of demolished materials, unless specified otherwise. Remove demolished materials from site at least weekly.
C. Prevent airborne dust. Use water or dust palliative when necessary. Provide and maintain hoses and connections to water main or hydrant.
D. Do not burn materials on site.
E. Pump out buried tanks. Remove tanks and service piping from site.
F. Immediately upon discovery, remove, and dispose of contaminated, vermin infested, or dangerous materials by safe means so as not to endanger health of workers and public.
G. Remove trees and shrubs within marked areas, clear undergrowth and dead plant material as specified in Section 02300.
H. Backfill open pits and holes caused by demolition as specified in Section 02300.
I. Rough grade areas affected by demolition.
J. Remove demolished materials, tools, and equipment upon completion of demolition.
K. Demolition that takes place inside electrical rooms with electrical cabinets or in Owner occupied/used buildings shall be cleaned daily to prevent dust and trash build up. This includes providing dust control, shop vac, wet mop, etc to remove dust and dirt. In addition, at the end of every work day contractor shall clean up and remove construction materials, tools, equipment, trash etc.
1.10 REPAIR
A. Repair damage caused by demolition.
PART 2 PRODUCTS
Not Used
PART 3 EXECUTION
Not Used
END OF SECTION
ATTACHMENT 1
ATTACHMENT 1
August, 2022 01756-1 F2E/Food Waste Processing Facility Bid Set
SECTION 01756
TESTING, TRAINING, AND FACILITY START-UP
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes:
1. Equipment and system testing and start-up.
2. Services of manufacturer's representatives.
3. Training of Owner's personnel.
4. Final testing requirements for the complete facility.
B. Related Sections:
1. Section 01324 - Progress Schedule.
2. Section 13410 - Basic Measurement and Control Instrumentation Materials and Methods.
3. Section 15958 - Mechanical Equipment Testing.
4. Section 16950 - Electrical Testing.
1.02 CONTRACT REQUIREMENTS
A. Testing, training, and start-up are requisite to the satisfactory completion of the Contract.
B. Complete testing, training, and start-up within the Contract Times.
C. Allow realistic durations in the Progress Schedule for testing, training, and start-up activities.
D. Furnish labor, power, chemicals, tools, equipment, instruments, and services required for and incidental to completing functional testing, performance testing, and operational testing.
E. Provide competent, experienced technical representatives of equipment manufacturers for assembly, installation and testing guidance, and operator training.
1.03 START-UP PLAN
A. Submit start-up plan for each piece of equipment and each system not less than 3 weeks prior to planned initial equipment or system start-up.
B. Provide detailed subnetwork of Progress Schedule with the following activities identified:
1. Manufacturer's services.
2. Installation certifications.
3. Operator training.
4. Submission of Operation and Maintenance Manual.
5. Functional testing.
6. Performance testing.
7. Operational testing.
ATTACHMENT 1
August, 2022 01756-2 F2E/Food Waste Processing Facility Bid Set
C. Provide testing plan with test logs for each item of equipment and each system when specified. Include testing of alarms, control circuits, capacities, speeds, flows, pressures, vibrations, sound levels, and other parameters.
D. Provide summary of shutdown requirements for existing systems which are necessary to complete start-up of new equipment and systems.
E. Revise and update start-up plan based upon review comments, actual progress, or to accommodate changes in the sequence of activities.
1.04 PERFORMANCE TESTING
A. Test equipment for proper performance at point of manufacture or assembly when specified.
B. When Source Quality Control testing is specified:
1. Demonstrate equipment meets specified performance requirements.
2. Provide certified copies of test results.
3. Do not ship equipment until certified copies have received written acceptance from Engineer. Written acceptance does not constitute final acceptance.
C. Owner may witness any source quality control tests at no cost to the Owner.
1.05 GENERAL START-UP AND TESTING PROCEDURES
A. Mechanical Systems: As specified in Section 15958.
1. Remove rust preventatives and oils applied to protect equipment during construction.
2. Flush lubrication systems and dispose of flushing oils. Recharge lubrication system with lubricant recommended by manufacturer.
3. Flush fuel system and provide fuel for testing and start-up.
4. Install and adjust packing, mechanical seals, O-rings, and other seals. Replace defective seals.
5. Remove temporary supports, bracing, or other foreign objects installed to prevent damage during shipment, storage, and erection.
6. Check rotating machinery for correct direction of rotation and for freedom of moving parts before connecting driver.
7. Perform cold alignment and hot alignment to manufacturer's tolerances.
8. Adjust V-belt tension and variable pitch sheaves.
9. Inspect hand and motorized valves for proper adjustment. Tighten packing glands to insure no leakage, but permit valve stems to rotate without galling. Verify valve seats are positioned for proper flow direction.
10. Tighten leaking flanges or replace flange gasket. Inspect screwed joints for leakage.
11. Install gratings, safety chains, handrails, shaft guards, and sidewalks prior to operational testing.
B. Electrical Systems: As specified in Section 16950.
1. Perform insulation resistance tests on wiring except 120 volt lighting, wiring, and control wiring inside electrical panels.
2. Perform continuity tests on grounding systems.
3. Test and set switchgear and circuit breaker relays for proper operation.
4. Perform direct current high potential tests on all cables that will operate at more than 2,000 volts. Obtain services of independent testing lab to perform tests.
ATTACHMENT 1
August, 2022 01756-3 F2E/Food Waste Processing Facility Bid Set
5. Check motors for actual full load amperage draw. Compare to nameplate value.
C. Instrumentation Systems: As specified in Section 13410.
1. Bench or field calibrate instruments and make required adjustments and control point settings.
2. Leak test pneumatic controls and instrument air piping.
3. Energize transmitting and control signal systems, verify proper operation, ranges and settings.
1.06 FUNCTIONAL TESTING
A. Functionally test mechanical and electrical equipment for proper operation after general start-up and testing tasks have been completed. Contractor is responsible for all functional testing and shall not rely on plant staff to perform functional testing. The Contractor shall prepare a test plan prior and review the test plan with the construction manager prior to testing equipment.
B. Demonstrate proper rotation, alignment, speed, flow, pressure, vibration, sound level, adjustments, and calibration. Perform initial checks in the presence of and with the assistance of the manufacturer's representative.
C. Demonstrate proper operation of each instrument loop function including alarms, local and remote controls, instrumentation and other equipment functions. Generate signals with test equipment to simulate operating conditions in each control mode.
D. Conduct continuous 8 hour or longer test under full load conditions sufficient to test all test parameters. Replace parts which operate improperly. Contractor shall properly schedule and provide contingency plans during testing to allow for catastrophic failure of equipment or process that might force shutdown of the system or treatment process.
1.07 CERTIFICATE OF PROPER INSTALLATION
A. At completion of Functional Testing, furnish written report prepared and signed by manufacturer's authorized representative, certifying equipment:
1. Has been properly installed, adjusted, aligned, and lubricated.
2. Is free of any stresses imposed by connecting piping or anchor bolts.
3. Is suitable for satisfactory full-time operation under full load conditions.
4. Operates within the allowable limits for vibration.
5. Controls, protective devices, instrumentation, and control panels furnished as part of the equipment package are properly installed, calibrated, and functioning.
6. Control logic for start-up, shutdown, sequencing, interlocks, and emergency shutdown have been tested and are properly functioning.
B. Furnish written report prepared and signed by the Electrical and/or Instrumentation Subcontractor certifying:
1. Motor control logic that resides in motor control centers, control panels, and circuit boards furnished by the electrical and/or instrumentation subcontractor has been calibrated and tested and is properly operating.
2. Control logic for equipment start-up, shutdown, sequencing, interlocks and emergency shutdown has been tested and is properly operating.
C. Co-sign the reports along with the manufacturer's representative and subcontractors.
ATTACHMENT 1
August, 2022 01756-4 F2E/Food Waste Processing Facility Bid Set
1.08 TRAINING OF OWNER'S PERSONNEL
A. Provide operations and maintenance training for items of mechanical, electrical and instrumentation equipment. Utilize manufacturer's representatives to conduct training sessions.
B. Coordinate training sessions to prevent overlapping sessions. Arrange sessions so that individual operators and maintenance technicians do not attend more than 2 sessions per week.
C. Provide Operation and Maintenance Manual for specific pieces of equipment or systems 1 month prior to training session for that piece of equipment or system.
D. Satisfactorily complete functional testing before beginning operator training.
E. Provide two training sessions on the same day for each work shift listed below during the time periods shown. Pooling of shifts will not be permitted unless accepted by Owner.
Day Shift Shift
Wednesday, 8 a.m. - 12 noon 12 noon - 4 p.m
Thursday, 8 a.m. - 12 noon 12 noon - 4 p.m.
F. Training sessions shall be provided for equipment provided per the following table.
Specification
Number Specification Section O&M Manual Required
Minimum
Number of
Days for
Actual Training
15102 St. Stl. Knife Gate Valves X
All other Equipment or systems as specified
elsewhere in the contract documents. X each 1 each
Notes:
X O&M Manual required.
Either no O&M Manual or no training required.
* Days per instrument.
G. The Contractor shall designate and provide one or more persons to be responsible for coordinating and expediting his/her training duties. The person or persons so designated shall be present at all training coordination meetings with the Owner.
H. The Contractor’s coordinator shall coordinate the training periods with Owner personnel and manufacturer’s representatives, and shall submit a training schedule for ATTACHMENT 1
August, 2022 01756-5 F2E/Food Waste Processing Facility Bid Set
each piece of equipment or system for which training is to be provided. Such training schedule shall be submitted not less than 21 calendar days prior to the time that the associated training is to be provided and shall be based on the current plan of operation.
1.09 OPERATIONAL TESTING
A. Conduct operational test of the entire facility after completion of operator training.
Demonstrate satisfactory operation of equipment and systems in actual operation.
B. Conduct operational test for continuous 7 day period.
C. Owner will provide operations personnel, power, fuel, and other consumables for duration of test.
D. Immediately correct defects in material, workmanship, or equipment which became evident during operational test. Coordinate any repairs or replacement with plant operations staff as described in Section 01140, et al.
E. Repeat operational test for seven continuous days or as approved by the Construction Manager when malfunctions or deficiencies cause shutdown or partial operation of the facility or results in performance that is less than specified.
1.10 RECORD KEEPING
A. Maintain and Submit Following Records Generated During Start-up and Testing Phase of Project:
1. Daily logs of equipment testing identifying all tests conducted and outcome.
2. Logs of time spent by manufacturer's representatives performing services on the job site.
3. Equipment lubrication records.
4. Electrical phase, voltage, and amperage measurements.
5. Insulation resistance measurements.
6. Data sheets of control loop testing including testing and calibration of instrumentation devices and setpoints.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
ATTACHMENT 1
ATTACHMENT 1
August, 2022 01770-1 F2E/Food Waste Processing Facility Bid Set
SECTION 01770
CLOSEOUT PROCEDURES
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Contract closeout, including final cleaning, sterilization of systems, preparation and submittal of closeout documents, and final completion certification.
B. Related Sections:
1. Section 01722 - Field Engineering.
1.02 FINAL CLEANING
A. Perform final cleaning prior to inspections for Final Acceptance.
B. Employ skilled workers who are experienced in cleaning operations.
C. Use cleaning materials which are recommended by manufacturers of surfaces to be cleaned.
D. Prevent scratching, discoloring, and otherwise damaging surfaces being cleaned.
E. Clean roofs, gutters, downspouts, and drainage systems.
F. Broom clean exterior paved surfaces and rake clean other surfaces of site work.
1. Police yards and grounds to keep clean.
G. Remove dust, cobwebs, and traces of insects and dirt.
H. Clean grease, mastic, adhesives, dust, dirt, stains, fingerprints, paint, blemishes, sealants, plaster, concrete, and other foreign materials from sight-exposed surfaces, and fixtures and equipment.
I. Remove non-permanent protection and labels.
J. Clean permanent filters and replace disposable filters when heating, ventilation, and air conditioning units were operated during construction.
K. Clean ducts, blowers and coils when units were operated without filters during construction.
L. Clean light fixtures and replace burned-out or dim lamps.
1.03 WASTE DISPOSAL
A. Arrange for and dispose of surplus materials, waste products, and debris off-site.
1. Prior to making disposal on private property, obtain written permission from Owner of such property.
B. Do not fill ditches, washes, or drainage ways which may create drainage problems.
ATTACHMENT 1
August, 2022 01770-2 F2E/Food Waste Processing Facility Bid Set
C. Do not create unsightly or unsanitary nuisances during disposal operations.
D. Maintain disposal site in safe condition and good appearance.
E. Complete leveling and cleanup prior to final acceptance of the Work.
1.04 TOUCH-UP AND REPAIR
A. Touch-up or repair finished surfaces on structures, equipment, fixtures, and installations that have been damaged prior to inspection for final acceptance.
B. Refinish or replace entire surfaces which cannot be touched-up or repaired satisfactorily.
1.05 FINAL CLEANING AND STERILIZATION OF SYSTEMS OF PLANT FACILITIES A. Clean channels, pipe, basins, reservoirs, and tanks before running of 7 day test, or before facility goes on stream when 7 day test is not required.
B. Wash, wherever practicable, or broom sweep channels, pipe, basins, reservoirs, and tanks.
C. Sterilize filter basins, reservoirs, clear wells, tanks, channels, and piping intended to carry potable water as follows or in accordance with AWWA Standards.
D. Provide ample sampling outlets in pipe for testing.
E. Fill pipe and other plant facilities with chlorine solution of sufficient strength to retain residual of not less than 10 parts per million at end of 24 hours.
F. When reservoirs and basins are too large to be economically sterilized by filling with chlorine solution, spray reservoirs and basins with solution containing 100 parts per million of chlorine.
G. After sterilization, rinse entire potable water system with potable water sufficient to reduce chlorine residual to not more than 0.6 parts per million throughout system before system is put into service.
1.06 FINAL CLEANING AND STERILIZATION OF SYSTEMS OF POTABLE WATER MAINS A. Clean interior of pipe and fittings.
B. When pipe contains dirt that cannot be removed by flushing, swab pipe interiors with solution containing not less than 500 parts per million of chlorine until clean.
C. Flush 12 inch in diameter and smaller pipe as thoroughly as available water sources will permit.
D. Fill pipe with chlorine solution of sufficient strength to provide 10 parts per million chlorine residual at end of 24 hours.
E. Flush pipes with potable water until chlorine residual is less than 0.6 parts per million before pipes are put into service.
ATTACHMENT 1
August, 2022 01770-3 F2E/Food Waste Processing Facility Bid Set
1.07 CLOSEOUT DOCUMENTS
A. Submit following Closeout Submittals upon completion of the Work and at least 7 days prior to Application for Final Payment:
1. Evidence of Compliance with Requirements of Governing Authorities.
2. Project Record Documents.
3. Electrical as-built loop drawings and interconnection drawings in PDF and AutoCAD format for all wiring on the project.
4. Final PLC and SCADA programming final electronic and closeout documents per Section 13411.
5. Operation and Maintenance Manuals.
6. Warranties and Bonds.
7. Keys and Keying Schedule.
8. Evidence of Payment and Release of Stop Payment Notices and Liens as outlined in Conditions of the Contract.
9. Release of claims as outlined in Conditions of the Contract.
10. Survey Record Documents as specified in Section 01722.
11. Certification of Final Completion.
1.08 EVIDENCE OF COMPLIANCE WITH REQUIREMENTS OF GOVERNING AUTHORITIES A. Submit Following:
1. Certificate of Occupancy.
2. Certificates of Inspection:
a. Elevators.
b. Mechanical:
1) Form U-1 "Manufacturer's Data Report for Unfired Pressure Vessels" for each pressure vessel furnished and installed.
1.09 PROJECT RECORD DOCUMENTS
A. Maintain at Project site, available to Owner and Engineer, one copy of the Contract Documents, shop drawings and other submittals, in good order. Prepare and maintain record documents on hard paper copy and in electronic AutoCAD format. For both hard and AutoCAD copies perform the following.
1. Mark and record field changes and detailed information contained in submittals and change orders monthly.
2. Record actual depths, horizontal and vertical location of underground pipes, duct banks and other buried utilities. Reference dimensions to permanent surface features.
3. Identify specific details of pipe connections, location of existing buried features located during excavation, and the final locations of piping, equipment, electrical conduits, manholes, and pull boxes.
4. Identify location of spare conduits including the beginning, ending and routing through pull boxes, and manholes. Record spare conductors, including number and size, within spare conduits, and filled conduits.
5. Provide schedules, lists, layout drawings, and wiring diagrams.
6. Make annotations with erasable colored pencil conforming to the following color code:
Additions Red
Deletions Green
ATTACHMENT 1
August, 2022 01770-4 F2E/Food Waste Processing Facility Bid Set
Comments Blue
Dimensions Graphite
B. Maintain documents separate from those used for construction.
1. Label documents "RECORD DOCUMENTS."
C. Keep documents current.
1. Record required information at the time the material and equipment is installed and before permanently concealing and update monthly. Submit electronic AutoCAD copy monthly and electronic AutoCAD copy and printouts shall be maintained consistent with hard copy.
D. Deliver record documents with transmittal letter containing date, Project title, Contractor's name and address, list of documents, and signature of Contractor.
E. During progress meetings, record documents will be reviewed to ascertain that changes have been recorded. Monthly contractor payments will be held until hard copies and electronic AutoCAD record drawings are properly updated.
1.10 WARRANTIES AND BONDS
A. Provide executed Warranty Form as outlined in the General Conditions.
B. Provide specified additional warranties and bonds from manufacturers and suppliers.
1.11 CERTIFICATE OF FINAL COMPLETION
A. When 7 day operational test has been successfully completed, Engineer will certify new facilities are operationally complete. Engineer will submit a list of known items (punch list) still to be completed or corrected prior to contract completion.
B. List of items to be completed or corrected will be amended as items are resolved by Contractor.
C. When all items have been completed or corrected, submit written certification that the entire work is complete in accordance with the Contract Documents and request final inspection.
D. Upon completion of final inspection, Engineer will either prepare a written acceptance of the entire work or advise Contractor of work not complete. If necessary, inspection procedures will be repeated.
PART 2 PRODUCTS
Not Used.
EXECUTION
Not Used.
END OF SECTION
ATTACHMENT 1
August, 2022 01782-1 F2E/Food Waste Processing Facility Bid Set
SECTION 01782
OPERATING AND MAINTENANCE DATA
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Preparation and submittal of Operating Maintenance Manuals.
1.02 SUBMITTALS
A. Submit Operating and Maintenance Manuals before field quality control testing and before training of each piece of equipment or system.
B. Submit 3 Manuals for each piece of equipment or system.
C. Make manuals available at project site for use by construction personnel and Engineer.
D. Make additions and revisions to the Manuals in accordance with Engineer's review comments.
1.03 PREPARATION
A. Provide Operations and Maintenance Manuals in 3-ring binders with rigid covers.
Utilize tab sheets to organize information. Provide an Electronic PDF copy of all O& M manuals in addition to the 3 hard copies. PDF copy shall be printed PDF digital format and shall be searchable with PDF search functions. PDF copies shall have book marks for all sections to allow easily navigating document from standard PDF viewers.
B. Provide 3 hard copies and 1 PDF copy of the preliminary O&M manual for review, training, and start up. At end of project and prior to final acceptance, provide 3 hard copies and 1 PDF copy of all final O&M manuals with all as built information included.
C. Manual Contents:
1. Cover Page: Equipment name, equipment tag number, project name, Owner's name, appropriate date.
2. Table of Contents: General description of information provided within each tab section.
3. Lubrication Information: Required lubricants and lubrication schedules.
4. Control Diagrams: Internal and connection wiring, including logic diagrams, wiring diagrams for control panels, ladder logic for computer based systems, and connections between existing systems and new additions, and adjustments such as calibrations and set points for relays, and control or alarm contact settings.
5. Start-up Procedures: Recommendations for installation, adjustment, calibration, and troubleshooting.
6. Operating Procedures: Step-by-step procedures for starting, operating, and stopping equipment under specified modes of operation. Include safety precautions and emergency operating shutdown instructions.
7. Preventative Maintenance Procedures: Recommended steps and schedules for maintaining equipment.
ATTACHMENT 1
August, 2022 01782-2 F2E/Food Waste Processing Facility Bid Set
8. Overhaul Instructions: Directions for disassembly, inspection, repair and reassembly of the equipment; safety precautions; and recommended tolerances, critical bolt torques, and special tools that are required.
9. Parts List: Generic title and identification number of each component part of equipment; include bearing manufacturer, model and ball or roller pass frequencies for every bearing.
10. Spare Parts List: Recommended number of parts to be stored at the site and special storage precautions.
11. Drawings: Exploded view or plan and section views with detailed callouts.
12. Provide electrical and instrumentation schematic record drawings.
13. Source (Factory) Quality Control Test Results: Provide copies of factory test reports as specified in Sections 15958 or the equipment section.
14. Field Quality Control Test Results: After field testing is completed, insert field test reports as specified in Sections 15958 or the equipment section.
15. Equipment Summary Form: Completed form in the format attached at the end of this Section. Insert Equipment Summary Form after the tab sheet of each equipment section. The manufacturer's standard form will not be acceptable.
PART 2 PRODUCTS
Not Used.
PART 3 EXECUTION
Not Used.
END OF SECTION
ATTACHMENT 1
August, 2022 01782-3 F2E/Food Waste Processing Facility Bid Set
EQUIPMENT SUMMARY FORM
1. EQUIPMENT ITEM__________________________________________________________
2. MANUFACTURER and Full Model No. __________________________________________
3. EQUIPMENT IDENTIFICATION NUMBER(S)_____________________________________ (project equipment number)
4. LOCATION OF EQUIPMENT__________________________________________________
5. WEIGHT OF INDIVIDUAL COMPONENTS (OVER 100 POUNDS)_____________________ _________________________________________________________________________ _________________________________________________________________________
6. NAMEPLATE DATA - Horsepower____________________________________________ Amperage_____________________________________________________________ Voltage_______________________________________________________________ Service Factor (S.F.)_____________________________________________________ Speed________________________________________________________________ ENC Type_____________________________________________________________ Capacity______________________________________________________________ Other_________________________________________________________________
7. MANUFACTURER'S LOCAL REPRESENTATIVE
Name____________________________________________________________________ Address___________________________________________________________________ Telephone
Number___________________________________________________________________
8. MAINTENANCE REQUIREMENTS_____________________________________________ _________________________________________________________________________ _________________________________________________________________________
9. LUBRICANT LIST___________________________________________________________ _________________________________________________________________________
10. SPARE PARTS (recommendations)_____________________________________________ _________________________________________________________________________
11. COMMENTS_______________________________________________________________ _________________________________________________________________________ ATTACHMENT 1
ATTACHMENT 1
August, 2022 03055-1 F2E/Food Waste Processing Facility Bid Set SECTION 03055
EPOXY BONDING REINFORCING BARS AND RODS IN CONCRETE
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Bonding reinforcing bars and all thread rods in concrete using epoxy adhesive.
B. Related Sections:
1. The following Sections are related to the Work described in this Section. This list of Related Sections is provided for convenience only and is not intended to excuse or otherwise diminish the duty of the CONTRACTOR to see that the completed Work complies accurately with the Contract Documents.
2. Section 03200- Concrete Reinforcing.
3. Section 05120 - Structural Steel.
1.02 REFERENCES
A. American National Standards Institute (ANSI):
1. Standard B212.15 - Carbide Tipped Masonry Drills and Blanks for Carbide Tipped Masonry Drills.
B. American Society for Testing and Materials (ASTM):
1. C 881 - Specification for Epoxy-Resin-Base Bonding Systems for Concrete.
C. ICC Evaluation Service, Inc. (ICC-ES):
1. AC308 - Acceptance Criteria for Post-Installed Adhesive Anchors in Concrete Elements.
D. Society for Protective Coatings (SSPC):
1. SP-1 Solvent Cleaning.
1.03 SUBMITTALS
A. Product Data: Furnish technical data for epoxy adhesives, including installation instructions, independent laboratory test results, and handling and storage instructions.
B. Quality Control Submittals:
1. Epoxy manufacturer's past project experience data on at least 3 similar projects supplied with proposed products within the last 3 years.
2. Special Inspection: All epoxy installations shall have special inspection by the OWNERs' designated Inspector/Testing Laboratory.
3. Provide test reports on the epoxy per ICC Evaluation Service, Inc., Evaluation Services Report in compliance with the AC308-Acceptance Criteria for PostInstalled Adhesive Anchors in Concrete Elements.
C. Personnel Installing Epoxy: Submit certifications for all personnel installing epoxy systems per ACI 318-14 Section 17.8.2.2 prior to installing any portion of epoxy systems.
ATTACHMENT 1
August, 2022 03055-2 F2E/Food Waste Processing Facility Bid Set
1.04 DELIVERY, STORAGE, AND HANDLING
A. Storage of Epoxy Components:
1. Store epoxy components on pallets or shelving in a covered-storage area.
2. Control temperature per manufacturer's instructions and dispose of product if shelf life has expired.
PART 2 PRODUCTS
2.01 GENERAL
A. Like Items of Materials: Use end products of one manufacturer in order to achieve structural compatibility and singular responsibility.
2.02 EPOXY ADHESIVE FOR SELF-CONTAINED CARTRIDGE SYSTEM A. Epoxy adhesives shall have a current ICC Evaluation report documenting acceptance under AC318 Chapter 17 for use with cracked concrete and for the seismic design categories specified.
B. Manufacturers: One of the following or equal:
1. Hilti, Tulsa, OK, HIT-RE500 V3.
2. Simpson Strong-Tie company Inc. Pleasanton, CA; SET-XP.
2.03 ALL THREAD BARS
A. Materials: As specified per ICC Reports.
2.04 REINFORCING BARS
A. As specified in Section 03200.
PART 3 EXECUTION
3.01 GENERAL
A. Provide Epoxy Adhesive Packaged as Follows:
1. Disposable, self-contained cartridge system capable of dispensing both epoxy components in the proper mixing ratio, and fit into a manually or pneumatically operated caulking gun.
2. Dispensing, components through a mixing nozzle that thoroughly mixes components
3. Personnel Installing Epoxy: All personnel installing epoxy systems shall be certified per ACI 318-14 Section 17.8.2.2 prior to installing any portion of epoxy systems.
3.02 HOLE SIZING AND INSTALLATION
A. Drilling Holes:
1. Determine location of reinforcing bars or other obstructions with a nondestructive indicator device, and mark locations with construction crayon on the surface of the concrete.
2. Do not damage or cut existing reinforcing bars, electrical conduits, or other items ATTACHMENT 1
August, 2022 03055-3 F2E/Food Waste Processing Facility Bid Set embedded in the existing concrete without acceptance by ENGINEER.
3. All drill frames shall have dual offset holes so that if the CONTRACTOR hits rebar in a hole, the CONTRACTOR can move over and down into a new hole location without removing the drill frame.
B. Hole Drilling Equipment:
1. Electric or pneumatic rotary impact type with medium or light impact.
2. Drill Bits: Carbide-tipped in accordance with ANSI B212-15 unless otherwise recommended by the manufacturer or required as a "condition of use" in the ICC Evaluation Report submitted.
3. Where edge distances are less than 2 inches, use lighter impact equipment to prevent microcracking and concrete spalling during drilling process.
4. Minimum edge distances, concrete thickness, allowable shear and allowable tension loads shall be in compliance with the current ICC evaluation report.
C. Hole Diameter: Per ICC Reports.
D. Obstructions in Drill Path:
1. If an existing reinforcing bar or other obstruction is hit while drilling hole, stop drilling hole and fill the hole with Epoxy Grout. Relocate the hole to miss the obstruction and drill another hole. Repeat the above until the hole has been drilled to the required depth. Contact ENGINEER for minimum hole to hole spacing requirements.
2. Avoid drilling an excessive number of holes in an area of a structural member which would excessively weaken the structural member and endanger the stability of the structure. When required, fill holes which hit obstructions with Epoxy Grout and allow Epoxy Grout to reach strength equal to the existing concrete before drilling adjacent holes.
3. Bent Bar Dowels: Where edge distances are critical, and striking reinforcing steel is likely, and if acceptable to ENGINEER, drill hole at 10 degree angle or less from axis of reinforcing bar or all thread rod being installed.
E. Install reinforcing bars and all thread rods to depth, spacing, and locations as indicated on the Drawings.
1. Do not install epoxy bonded all-thread rods or reinforcing bars in overhead applications.
F. Cleaning Holes: Per ICC Report.
G. Cleaning Reinforcing Bars and All Thread Rods:
1. Solvent clean reinforcing bars or all thread rods over embedment length in accordance with SSPC SP-1 Solvent Cleaning. Provide an oil and grease free surface to promote bonding of adhesive to steel.
2. Clean reinforcing bars and all thread rods over embedment length to bare metal.
The reinforcing bar or all thread rod shall be free of oil, grease, paint, dirt, mill scale, rust, or other coatings that will reduce bond.
H. Filling Hole with Epoxy:
1. Fill the hole with epoxy before inserting the reinforcing bar or all thread rod. Fill hole with epoxy starting from back of the hole. Fill hole without creating air voids.
2. Fill the hole with sufficient epoxy so that excess epoxy is extruded out of the hole when the reinforcing bar or all thread rod is inserted into the hole.
3. Do not install epoxy prior to receiving epoxy manufacturer's onsite training.
ATTACHMENT 1
August, 2022 03055-4 F2E/Food Waste Processing Facility Bid Set I. Minimum Epoxy Anchor Embedment Depth:
1. Where epoxy anchor concrete embedment is not shown on the drawings/details the minimum embedment depth shall be 4".
3.03 MANUFACTURERS' SERVICES
A. Furnish manufacturer's representative to conduct jobsite training for proper installation, handling, and storage of epoxy, for personnel who will perform actual installation.
ENGINEER may attend training sessions.
3.04 FIELD QUALITY CONTROL
A. Any personnel installing epoxy dowels or anchors in inclined, vertical, or overhead surfaces shall be trained and certified as required under ACI-318 Section 17.8. contractor shall submit certification for all personnel installing epoxy systems for approval prior to installation of epoxy systems.
B. OWNER's representative will:
1. Review epoxy manufacturer's recommended special inspection procedures.
2. Periodically inspect hole-drilling operations for conformance with Contract Documents and manufacturer's recommendations.
3. Observe that depth and location of holes conform to the requirements in the Contract Documents prior to placement of epoxy.
4. Continuously inspect placement of epoxy and reinforcing bars installation.
5. Perform pull/tension testing of the epoxy anchors and reinforcing.
END OF SECTION
ATTACHMENT 1
August, 2022 03102-1 F2E/Food Waste Processing Facility Bid Set SECTION 03102
CONCRETE FORMWORK
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Concrete formwork.
B. Related Sections:
1. Section 03300 - Cast-in-place Concrete.
2. Section 03600 - Grouts.
3. Section 07900 - Joint Sealers.
1.02 REFERENCES
A. American Concrete Institute (ACI):
1. 117 - Standard Specifications for Tolerances for Concrete Construction and Materials.
1.03 SYSTEM DESCRIPTION
A. Design Requirements:
1. Design of concrete forms, falsework, and shoring in accordance with local, state, and federal regulations.
2. Design forms and ties to withstand concrete pressures without bulging, spreading, or lifting of forms.
B. Performance Requirements:
1. Construct forms so that finished concrete conforms to shapes, lines, grades, and dimensions indicated on the Drawings.
2. It is intended that surface of concrete after stripping presents smooth, hard, and dense finish that requires minimum amount of finishing.
3. Provide sufficient number of forms so that the work may be performed rapidly and present uniform appearance in form patterns and finish.
4. Use forms that are clean and free from dirt, debris, concrete, and similar type items. Coat with acceptable form release oil if required, prior to use or reuse.
1.04 SUBMITTALS
A. Information on the CONTRACTOR's Proposed Forming System: Submit in such detail as the ENGINEER may require in order to assure himself that intent of the Specifications can be complied with by use of proposed system.
B. Alternate Combinations of Plywood Thickness and Stud Spacing: May be submitted.
1.05 QUALITY ASSURANCE
A. Qualifications of Formwork Manufacturers: Use only forming systems manufactured by manufacturers having minimum 5 years experience, except as otherwise specified, or accepted in writing by the ENGINEER.
ATTACHMENT 1
August, 2022 03102-2 F2E/Food Waste Processing Facility Bid Set B. Regulatory Requirements: Install work of this Section in accordance with local, state, and federal regulations.
1.06 PROJECT CONDITIONS
A. Requirements Due to Weather Condition:
1. Removal of Formwork: Do not remove forms from concrete which has been placed when outside ambient air temperature is below 50 degrees Fahrenheit until concrete has attained specified strength as determined by test cylinders stored in field under equivalent conditions as concrete structure.
PART 2 PRODUCTS
2.01 MATERIALS
A. Form Ties:
1. General:
a. Provide form ties for forming system selected that are manufactured by recognized manufacturer of concrete forming equipment.
b. Do not use wire ties or wood spreaders of any form.
c. Provide ties of type that accurately tie, lock, and spread forms. d. Provide form ties of such design that when forms are removed they locate no metal or other material within 1-1/2 inches of the surface of the concrete. e. Do not allow holes in forms for ties to allow leakage during placement of concrete.
2. Cone-snap or Flat Bar Form Ties:
a. Cone-snap ties shall form a cone shaped depression in the concrete with a minimum diameter of 1 inch at the surface of the concrete and 1-1/2 inches deep.
b. Provide neoprene waterseal washer which is located near the center of the concrete.
3. Taper Ties:
a. Neoprene Plugs for Taper Tie Holes: Size so that after they are driven, plugs are located in center third of wall thickeners.
b. Drypack Mortar for Filling Taper Tie Holes:
1) Consist of mix of 1 part of Portland cement to 1 part of plaster sand. 2) Amount of water to be added to cement-sand mix is to be such that mortar can be driven into holes and be properly compacted. 3) Admixtures or Additives: Are not to be used in dry-pack mortar.
B. Built-up Plywood Forms:
1. Built-up plywood forms may be substituted for prefabricated forming system subject to following minimum requirements:
a. Size and Material:
1) Full size 4 by 8 feet plywood sheets, except where smaller pieces are able to cover entire area.
2) Sheet Construction: 5-ply plywood sheets, 3/4 inch nominal, made with 100 percent waterproof adhesive, and having finish surface that is coated or overlaid with surface which is impervious to water and alkaline calcium and sodium hydroxide of cement.
b. Wales: Minimum 2 by 4 inch lumber.
c. Studding and Wales: Contain no loose knots and be free of warps, cups, and bows.
ATTACHMENT 1
August, 2022 03102-3 F2E/Food Waste Processing Facility Bid Set C. Steel or Steel Framed Forms:
1. Steel Forms: Provide forms that are:
a. Rigidly constructed and capable of being braced for minimum deflection of finish surface.
b. Capable of providing finish surfaces that are flat without bows, cups, or dents.
2. Steel Framed Plywood Forms:
a. Provide forms that are rigidly constructed and capable of being braced. b. Plywood Paneling: 5-ply, 5/8 inch nominal or 3/4 inch nominal, made with 100 percent waterproof adhesive, and having finish surface that is coated or overlaid with surface which is impervious to water and alkaline calcium and sodium hydroxide of cement.
D. Incidentals:
1. External Angles:
a. Where not otherwise indicated on the Drawings, provide with 3/4 inch bevel, formed by utilizing true dimensioned wood or solid plastic chamfer strip on walkways, slabs, walls, beams, columns, and openings.
b. Provide 1/4 inch bevel formed by utilizing true dimensioned wood or solid plastic chamfer strip on walkways, walls, and slabs at expansion, contraction, and construction joints.
2. Keyways: Steel, plastic, or lumber treated with form coating, applied according to label directions.
3. Inserts:
a. Dovetail Anchors or Ties:
PART 3 EXECUTION
3.01 EXAMINATION
A. Verification of Conditions:
1. Do not place any concrete until all forms have been thoroughly checked for alignment, level, strength, and to assure accurate location of all mechanical and electrical inserts or other embedded items.
3.02 INSTALLATION
A. Forms and Accessories:
1. Vertical Forms:
a. Remain in place minimum of 24 hours after concrete is placed. b. If, after 24 hours, concrete has sufficient strength and hardness to resist surface or other damage, forms may be removed.
2. Other Forms Supporting Concrete and Shoring: Remain in place as follows:
a. Sides Of Footings: 24 hours minimum.
b. Vertical Sides of Beams, Girders, and Similar Members: 48 hours minimum. c. Slabs, Beams, and Girders: Until concrete strength reaches specified strength or until shoring is installed.
d. Shoring for Slabs, Beams, and Girders: Shore until concrete strength reaches specified strength.
e. Wall Bracing: Until concrete strength of beams and slabs laterally supporting wall reaches specified strength.
3. Green Concrete:
a. No heavy loading on green concrete will be permitted. b. Green concrete is defined as concrete with less than 100 percent of specified strength.
ATTACHMENT 1
August, 2022 03102-4 F2E/Food Waste Processing Facility Bid Set
4. Immediately after forms are removed, carefully examine concrete surfaces, and repair any irregularities in surfaces and finishes as specified in Section 03300.
B. Form Ties:
1. Cone-snap Rod and Bar Ties: Tie forms together at not more than 2 foot centers vertically and horizontally. After forms are removed from wall, fill tie holes as follows:
a. Remove form ties from surfaces.
b. Roughen cone shaped tie holes by heavy sandblasting before repair. c. Dry pack cone shaped tie holes with drypack mortar as specified in Section 03600.
2. Taper Ties:
a. Neoprene Plug in Taper Tie Holes: After forms and taper ties are removed from wall, plug tie holes with neoprene plug as follows:
1) Heavy sandblast and then clean tie holes.
2) After cleaning, drive neoprene plug into each of taper tie holes with steel rod. Final location of neoprene plug shall be in center third of wall thickness. Bond neoprene plug to concrete with epoxy.
3) Locate steel rod in cylindrical recess, made in plug, during driving. a) At no time are plugs to be driven on flat area outside cylindrical recess.
b. Dry Pack Of Taper Tie Holes: After Installing Plugs in Tie Holes:
1) Coat tie hole surface with epoxy bonding agent and fill with drypack mortar as specified in Section 03600.
a) Drypack Mortar: Place in holes in layers with thickness not exceeding tie hole diameter and heavily compact each layer. b) Dry pack the outside of the hole no sooner than 7 days after the inside of the hole has been dry packed.
c) Wall surfaces in area of drypacked tie holes: On the water side of water containing structures and the outside of below grade walls:
(1)Cover with minimum of 10 mils of epoxy gel.
(2)Provide epoxy gel coating on wall surfaces that extend minimum of 2 inches past drypack mortar filled tie holes. (3)Provide finish surfaces that are free from sand streaks or other voids.
C. Built-up Plywood Forms:
1. Studding:
a. Spaced at 16 inches or 24 inches on center.
b. Closer spacing may be required depending upon strength requirements of the forms, in order to prevent any bulging surfaces on faces of finished concrete work.
c. Install studs perpendicular to grain of exterior plys of plywood sheets.
2. Wales: Form wales of double lumber material minimum size as specified in this Section.
3. Number of Form Reuses: Depends upon durability of surface coating or overlay used, and ability to maintain forms in condition such that they are capable of producing flat, smooth, hard, dense finish on concrete when stripped.
D. Steel or Steel Framed Forms:
1. Steel Forms:
a. Adequately brace forms for minimum deflection of finish surface.
2. Steel Framed Plywood Forms:
a. Rigidly construct and brace with joints fitting closely and smoothly.
ATTACHMENT 1
August, 2022 03102-5 F2E/Food Waste Processing Facility Bid Set b. Number of Form Reuses: Depends upon durability of surface coating or overlay used.
3. Built-up Plywood Forms: As specified in this Section may be used in conjunction with steel forms or steel framed plywood forms for special forming conditions such as corbels and forming around items which will project through forms.
E. Bracing and Alignment of Forms:
1. Line and Grade: Limit deviations to tolerances which will permit proper installation of structural embedded items or mechanical and electrical equipment and piping.
2. Formwork:
a. Securely brace, support, tie down, or otherwise hold in place to prevent any movement.
b. Make adequate provisions for uplift pressure, lateral pressure on forms, and deflection of forms.
3. When Second Lift is Placed on Hardened Concrete: Take special precautions in form work at top of old lift and bottom of new lift to prevent:
a. Spreading and vertical or horizontal displacement of forms. b. Grout "bleeding" on finish concrete surfaces.
4. Pipe Stubs, Anchor Bolts, and Other Embedded Items: Set in forms where required.
5. Cracks, Openings, or Offsets at Joints in Formwork: Close those that are 1/16 inch or larger by tightening forms or by filling with acceptable crack filler.
F. Incidentals:
1. Keyways: Construct keyways as indicated on the Drawings.
2. Reentrant Angles: May be left square.
3. Level Strips: Install level strips at top of wall concrete placements to maintain true line at horizontal construction joints.
4. Inserts:
a. Encase pipes, anchor bolts, steps, reglets, castings, and other inserts, as indicated on the Drawings or as required, in concrete.
b. Use dovetail anchors or ties in conjunction with slots or inserts for various materials as specified under other sections of these Specifications and as may be necessary for required work.
G. Pipe and Conduit:
1. Install pipe and conduit in structures as indicated on the Drawings, and seal with materials as specified in Section 07900.
H. Tolerances:
1. Finish concrete shall conform to shapes, lines, grades, and dimensions indicated on the Drawings.
2. The maximum deviation from true line and grade shall not exceed tolerances listed below at time of acceptance of project.
3. General: Comply with ACI 117, paragraphs 2.0 through 2.2 and paragraphs 4.0 through 4.5, except as modified in following:
a. Slabs:
1) Slope: Uniformly sloped to drain when slope is indicated on the Drawings.
2) Slabs Indicated to Be Level: Have maximum deviation of 1/8 inch in 10 feet without any apparent changes in grade.
b. On Circular Tank Walls: The CONTRACTOR may deviate from finish line indicated on the Drawings by use of forms with chord lengths not to exceed 2 feet.
ATTACHMENT 1
August, 2022 03102-6 F2E/Food Waste Processing Facility Bid Set c. Inserts: Set inserts to tolerances required for proper installation and operation of equipment or systems to which insert pertains.
d. Maximum Tolerances: As follows:
Item Inches
Sleeves and Inserts Plus 1/8 Minus 1/8
Projected Ends of Anchor Bolts Plus 1/4 Minus 0.0
Anchor Bolt Setting Plus 1/16 Minus 1/16
END OF SECTION
ATTACHMENT 1
August, 2022 03150-1 F2E/Food Waste Processing Facility Bid Set
SECTION 03150
CONCRETE ACCESSORIES
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes:
1. Waterstops.
2. Preformed synthetic sponge rubber expansion joint material.
3. Preformed bituminous fiber expansion joint material.
4. Expanded polystyrene joint filler.
5. Hardboard.
1.02 REFERENCES
A. American Society for Testing and Materials (ASTM):
1. C 203 - Test Methods for Breaking Load and Flexural Properties of Block-Type Thermal Insulation.
2. D 570 - Test Method for Water Absorption of Plastics.
3. D 624 - Test Method for Tear Strength of Conventional Vulcanized Rubber and Thermoplastic Elastomers.
4. D 638 - Test Method for Tensile Properties of Plastics.
5. D 746 - Test Method for Brittleness Temperature of Plastics and Elastomers by Impact.
6. D 747 - Test Method for Apparent Bending Modulus of Plastics by Means of a Cantilever Beam.
7. D 792 - Test Methods for Density and Specific Gravity (Relative Density) of Plastics by Displacement.
8. D 2240 - Test Method for Rubber Property—Durometer Hardness.
B. U. S. Army Corps of Engineers (U.S.ACOE):
1. CRD-C-572, Specification for Polyvinylchloride Waterstop.
1.03 SUBMITTALS
A. Product Data:
1. Submit data of complete physical properties for polyvinyl chloride waterstops.
2. Preformed Expansion Joint Material: Submit sufficient information on each type of material for review to determine conformance of material to requirements specified.
B. Samples: Submit samples of polyvinyl chloride waterstop.
C. Laboratory Test Reports: Submit reports indicating that average properties of polyvinyl chloride waterstops material and finish conform to requirements specified in this Section.
D. Quality Control Submittals:
ATTACHMENT 1
August, 2022 03150-2 F2E/Food Waste Processing Facility Bid Set
1. Certificates of Compliance: Submit written certificates that polyvinyl chloride waterstops supplied on this project meet or exceed physical property requirements of current U.S.ACOE CRD-C-572.
2. Manufacturer's Instructions: Submit instructions for materials specified in this Section that are specified to be installed with such instructions.
1.04 QUALITY ASSURANCE
A. Mock-ups:
1. Welding Demonstration:
a. Demonstrate ability to weld acceptable joints in polyvinyl chloride waterstop before installing waterstop in forms.
b. Quality of welded joints will be subject to acceptance of the ENGINEER.
PART 2 PRODUCTS
2.01 MATERIALS
A. Polyvinyl Chloride Waterstops: Provide waterstops manufactured from virgin polyvinyl chloride plastic compound that does not contain any scrap or reclaimed material.
B. Expanded Polystyrene Joint Filler:
1. Type: Commercially available polystyrene board, having following minimum characteristics:
a. Flexural Strength, Minimum: 35 pounds per square inch in accordance with ASTM C 203.
b. Compressive Yield Strength: Between 16 and 40 pounds per square inch, at 5 percent compression.
C. Hardboard: 1/8 inch minimum thickness, conforming to FS LLL-B-810, any type.
2.02 WATERSTOPS
A. Manufacturers: One of the following or equal:
1. Sika Greenstreak Plastic Product Division of Western Textile Products Company.
B. Polyvinyl Chloride Waterstops:
1. Material and Type: Provide polyvinyl chloride waterstops. Ribbed type waterstops will not be allowed.
2. Unless otherwise specified or indicated on the Drawings, provide following types:
a. 6 inch flat dumbbell type in construction and contraction joints. b. 9 inch wide dumbbell with hollow center bulb in expansion joints.
3. Provide polyvinyl chloride waterstops complying with following requirements:
Physical Characteristics Test Method Required Results
Specific Gravity ASTM D 792 1.38 maximum
Hardness Shore A15 ASTM D 224
0 79 +/-3
Tensile Strength ASTM D 638 Not less than 2,000 pounds per square inch
Ultimate Elongation ASTM D 638 Not less than 350 percent ATTACHMENT 1
August, 2022 03150-3 F2E/Food Waste Processing Facility Bid Set
Physical Characteristics Test Method Required Results
Alkali Extraction CRD-C-572 +0.25%-0.10% +/-5 points
Low Temperature Brittle
Point
ASTM D 746 Passes at -35 degrees F
Water Absorption ASTM D 570 Not more than 0.15 percent
maximum
Accelerated Extraction
Tensile
CRD-C-572 Not less than 1600 pounds per
square inch, 300% min.
Stiffness in Flexure ASTM D 747 Not less than 700 pounds per square inch
Tear Resistance ASTM D 624 Not less than 300 pounds per inch Weight Requirements
6 inch Waterstops — Weigh not less than 130 pounds
per 100 linear feet
9 inch Waterstops — Weigh not less than 220 pounds
per 100 linear feet
Thickness — 3/8 inch
Center Bulb:
9 inch Waterstops
— 1-1/2 inch nominal outside
diameter
Allowable Tolerances
Width — Plus or minus 3/16 inch
Thickness — Plus or minus 1/32 inch
2.03 PREFORMED EXPANSION JOINT MATERIAL
A. Material: Synthetic sponge rubber or bituminous fiber types.
B. Use specific type in applications as indicated on the Drawings.
C. Synthetic Sponge Rubber Type:
1. Manufacturers: One of the following or equal:
a. W.R. Meadows
2. Uniform thickness, grey-colored, top quality blown sponge rubber.
3. Compressible with minimum of 95% recovery.
4. Not less than 30 lbs/cf.
D. Bituminous Fiber Type:
1. Manufacturers: One of the following or equal:
a. W.R. Meadows
2. Cellular fibers securely bonded together and uniformly saturated with asphalt.
3. Versatile, resilient, flexible, and non-extruding.
4. When compressed to half of its original thickness recovery is a minimum of 70%.
E. Match type as indicated on the drawings
F. No recycled products shall be used in either type.
ATTACHMENT 1
August, 2022 03150-4 F2E/Food Waste Processing Facility Bid Set
PART 3 EXECUTION
3.01 INSTALLATION
A. Waterstops, General:
1. Install waterstops in concrete joints where indicated on the Drawings.
2. Carry waterstops in walls into lower slabs and join to waterstops in slabs with appropriate types of fittings.
3. In Waterbearing Structures: Provide all joints with waterstops, whether indicated on the Drawings or not.
4. Provide waterstops that are continuous.
5. Set waterstops accurately to position and line as indicated on the Drawings.
6. Hold and securely fix edges in position at intervals of not more than 24 inches so that they do not move during placing of concrete.
7. Do not drive nails, screws, or other fasteners through waterstops in vicinity of construction joints.
8. Use wires at not more than 24 inches on centers near outer bulbs to tie waterstops into position.
9. Special clips may be used in lieu of wires, at CONTRACTOR's option.
10. Terminate waterstops 3 inches from top of finished surfaces of walls and slabs unless otherwise specified or indicated on the Drawings.
11. Polyvinyl Chloride Waterstops:
a. Install waterstops so that joints are watertight.
b. For joints such as unions, crosses, ells, and tees, field weld with thermostatically controlled equipment recommended by waterstop manufacturer.
c. Split type waterstop will not be permitted except where specifically indicated on the Drawings.
B. Joints:
1. Construct expansion, contraction, and construction joints as indicated on the Drawings.
2. Preformed Expansion Joint Material: Fasten expansion joint strips to concrete, masonry, or forms with adhesive. No nailing will be permitted, nor shall expansion joint strips be placed without fastening.
C. Expanded Polystyrene Joint Filler:
1. When filler is indicated on the Drawings or specified, place filler in correct position before concrete is placed against filler.
2. Fill holes and joints in filler with caulking to prevent entry of mortar into joint or passage of mortar or concrete from one side of joint to other.
D. Hardboard:
1. When indicated on the Drawings, face surface of joint filler with hardboard.
2. Other facing materials may be used provided they furnish equivalent protection.
3. Hold boards in place by nails, waterproof adhesive, or other means acceptable to the ENGINEER.
END OF SECTION
ATTACHMENT 1
August, 2022 03200-1 F2E/Food Waste Processing Facility Bid Set SECTION 03200
CONCRETE REINFORCEMENT
PART 1 GENERAL
1.01 SUMMARY
A. Section Includes: Concrete reinforcement.
1.02 REFERENCES
A. American Concrete Institute (ACI):
1. 315 - Detailing Manual: Details and Detailing of Concrete Reinforcement.
2. 318 - Building Code Requirements for Structural Concrete.
B. American Society for Testing and Materials (ASTM):
1. A143 - Practice for Safeguarding Against Embrittlement of Hot-Dip Galvanized Structural Steel Products and Procedure, for Detecting Embrittlement.
2. A185 - Specification for Steel Welded Wire Fabric, Plain, for Concrete Reinforcement.
3. A615 - Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement.
4. A767 - Specification for Zinc-Coated (Galvanized) Steel Bars for Concrete Reinforcement.
C. American Welding Society (AWS):
1. D1.4 - Structural Welding Code - Reinforcing Steel.
1.03 SYSTEM DESCRIPTION
A. The Drawings contain general notes concerning amount of reinforcement and placing, details of reinforcement at wall corners and intersections, and details of extra reinforcement around openings in concrete.
1.04 SUBMITTALS
A. Shop Drawings:
1. Shop Drawings on Reinforcing Steel:
a. Submit to the ENGINEER copy of reinforcing steel detail drawings in accordance with Contract Documents.
b. Changes to Reinforcing Steel Contract Drawing Requirements:
1) Indicate in separate letter submitted with shop drawings any changes of requirements indicated on the Drawings for reinforcing steel. 2) Such changes will not be acceptable unless the ENGINEER has accepted such changes in writing.
c. Reinforcing steel detail drawings will be reviewed and returned. d. Review of shop drawings by the ENGINEER will be limited to general compliance with the Contract Documents.
B. Samples:
1. Bar Supports: Submit samples of chairs proposed for use along with letter stating where each type chair will be used.
ATTACHMENT 1
August, 2022 03200-2 F2E/Food Waste Processing Facility Bid Set
1.05 DELIVERY, STORAGE, AND HANDLING
A. Packing and Shipping:
1. Deliver bars bundled and tagged with identifying tags.
B. Acceptance at Site:
1. Reinforcing Bars: Reinforcing bars are acceptable with either grade identification marks and/or a manufacturer's guarantee of grade.
1.06 SEQUENCING AND SCHEDULING
A. Bar Supports: Do not place concrete until samples and attached data of bar supports has been reviewed and accepted by the ENGINEER.
PART 2 PRODUCTS
2.01 MATERIALS
A. Reinforcement:
1. General: Provide reinforcing steel that is new material, of quality specified, free from excessive rust or scale or any defects affecting its usefulness.
B. Reinforcing Bars:
1. Reinforcing Bars to Be Embedded in Concrete or Masonry: Grade 60 deformed bars conforming to ASTM A 615 except as specified in the next subparagraph.
2. Reinforcement resisting earthquake-induced flexural and axial forces in concrete frame members and in concrete wall boundary members shall comply with low alloy ASTM A 706. ASTM A 615 Grade 60 reinforcement may be used in these members if the following requirements are met:
a. The actual yield strength based on mill tests does not exceed the specified yield strength by more than 18,000 pounds per square inch (retests shall not exceed this value by more than an additional 3,000 pounds per square inch). b. The ratio of the actual ultimate tensile stress to the actual tensile yield strength is not less than 1.25.
3. Hot-Dip Galvanized Reinforcing Bars:
a. When reinforcing bars are indicated on the Drawings to be hot-dip galvanized, perform such galvanizing in accordance with ASTM A767 and ASTM A143. b. Galvanizing: Galvanize bars in conformance with Class 1 coating and perform galvanizing after fabrication and shearing.
4. Thread Bars:
a. Provide thread bars having continuous rolled-in pattern of thread-like deformations along entire length.
b. Provide hex nuts and couplers for the thread bars that develop 125 percent of yield strength of bar.
c. Thread Bars:
1) Conform to ASTM A 615 Grade 60.
2) Manufacturers: One of the following or equal:
a) DYWIDAG Systems International, Long Beach, California, DYWIDAG Threadbar.
d. Do not substitute cut threads on regular reinforcing bars for thread bars.
C. Bar Supports:
ATTACHMENT 1
August, 2022 03200-3 F2E/Food Waste Processing Facility Bid Set
1. Reinforcement Support Chairs:
a. Hot-dip galvanized steel. Provide hot-dip galvanized steel with plastic tips at surfaces which will be exposed to view. Use unless otherwise indicated on the Drawings.
b. Stainless Steel where indicated on the Drawings.
D. Tie Wires: Annealed steel.
E. Welded Wire Fabric Reinforcement:
1. Welded Wire Fabric: ASTM A 185.
2. Fabric may be used in place of reinforcing bars if only if approved by the ENGINEER in writing.
3. Provide fabric in flat sheet form.
4. Provide fabric having cross-sectional area per linear foot of not less than crosssectional area per linear foot of reinforcing bars indicated on the Drawings.
2.02 FABRICATION
A. Shop Assembly:
1. Cut and bend bars in accordance with provisions of ACI 315 and ACI 318.
2. Bend bars cold.
3. Provide bars free from defects and kinks and from bends not indicated on the Drawings.
PART 3 EXECUTION
3.01 EXAMINATION
A. Verification of Conditions:
1. Reinforcing Bars:
a. Verify that bars are new stock free from rust scale, loose mill scale, excessive rust, dirt, oil, and other coatings which adversely affect bonding capacity when placed in the work.
3.02 PREPARATION
A. Surface Preparation:
1. Reinforcing Bars: Thin coating of red rust resulting from short exposure will not be considered objectionable. Thoroughly clean any bars having rust scale, loose mill scale, or thick rust coat.
2. Cleaning of Reinforcement Materials: Remove concrete or other deleterious coatings from dowels and other projecting bars by wire brushing or sandblasting before bars are embedded in subsequent concrete placement.
3.03 INSTALLATION
A. Reinforcing Bars:
1. No field bending of new bars will be allowed. Field bending of existing bars will be allowed where shown on the structural drawings. Field bending of the existing bars shall follow the guidelines as shown on the structural drawings.
2. Welding:
a. Weld reinforcing bars where indicated on the Drawings or acceptable to the ENGINEER.
b. Perform welding in accordance with AWS D1.4.
ATTACHMENT 1
August, 2022 03200-4 F2E/Food Waste Processing Facility Bid Set B. Placing Reinforcing Bars:
1. Accurately place bars and adequately secure them in position.
2. Overlap bars at splices as specified or indicated on the Drawings.
3. Unless specifically otherwise indicated on the Drawings, install bars at lap splices in contact with each other and fasten bars together with tie wire.
4. If lap splice length for bars in concrete is not specified or indicated on the Drawings, bars shall be lap spliced in accordance with ACI 318.
5. If not specified or indicated on the Drawings and not specified in DIVISION 4, lap splice bars in masonry in accordance with the California Building Code.
6. Bar Supports:
a. Provide in sufficient number to prevent sagging and to support loads during construction, but in no case less than quantities and at locations as indicated in ACI 315.
b. Support reinforcing for concrete placed on ground by standard manufactured chairs, with steel plates for resting on ground.
c. Do not use brick, broken concrete masonry units, spalls, rocks, or similar material for supporting reinforcing steel.
7. If not indicated on the Drawings, provide protective concrete cover in accordance with ACI 318.
C. Tying of Bar Reinforcement:
1. Fasten bars securely in place with wire ties.
2. Tie bars sufficiently often to prevent shifting.
3. There shall be at least 3 ties in each bar length (does not apply to dowel lap splices or to bars shorter than 4 feet, unless necessary for rigidity).