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55452.01510\32905704.2
37 SECTION 00610
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of San Clemente (hereinafter referred to as “City”) has awarded to ____________________________________________________, (hereinafter referred to as the “Contractor”) an agreement for ___________________________________________________ (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _______________________________________________________, the undersigned Contractor and
__________________________________________________as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of
____________________________________________________________________ DOLLARS and _____________________________ CENTS ($_________________________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if 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 agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including, if provided as part of the Contract Documents, the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the guarantee obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship the above obligation in penal sum thereof shall remain in full force and effect. However, anything in this paragraph to the contrary notwithstanding, the obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract Documents, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. 55452.01510\32905704.2
38 SECTION 00610
PERFORMANCE BOND
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract Documents and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract Documents and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder 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 Documents or to the Project and the provisions of Section 2819 and 2845 of the California Civil Code. Without limiting the foregoing, such changes, extensions of time and alterations or additions shall include, but are not limited to, changes or alterations to the Contract Documents (including, without limitation, an increase in the total dollar amount of the Contract Documents), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of __________________________, 20___.
CONTRACTOR/PRINCIPAL
55452.01510\32905704.2
39 SECTION 00610
PERFORMANCE BOND
(Corporate Seal of Contractor/ _________________________________________ Principal, if a Corporation) Name of Contractor/Principal (Type or Print) By: ___________________________________
Name (Signature)
___________________________________
Name (Type or Print)
___________________________________
Title (Type or Print)
SURETY
(Seal of Surety) _________________________________________ Name of Surety (Type or Print)
By:____________________________________
Attorney-In-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety and ___________________________________________ Agent or Representative for service ___________________________________________ of process in California) ___________________________________________ 55452.01510\32905704.2
40 SECTION 00610
PERFORMANCE BOND
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.
END OF PERFORMANCE BOND FORM
55452.01510\32905704.2
41 SECTION 00620
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of San Clemente (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____ has awarded to ______________________________ ______________________________ hereinafter designated as the “Principal,” a contract for the work described as follows: ________________________________________ ____________________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said Contract Documents; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, 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, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor, the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________________________ as Surety, are held and firmly bound unto the City in the penal sum of _ DOLLARS and
CENTS ($_________________________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, 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 amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract Documents, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 55452.01510\32905704.2
42 SECTION 00620
PAYMENT BOND
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract (including the Contract Documents), plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the Contract Documents, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned.
Notwithstanding any other provision of this bond, it is expressly understood, acknowledged and agreed that it shall provide all of the protections required by California Civil Code Sections 9550 through 9566, including the specific coverage protections required by Section 9554.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
SIGNATURES ON FOLLOWING PAGE
55452.01510\32905704.2
43 SECTION 00620
PAYMENT BOND
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the _____ 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.
CONTRACTOR/PRINCIPAL
(Corporate Seal of Contractor/ _________________________________________ Principal, if a Corporation) Name of Contractor/Principal (Type or Print) By: ___________________________________
Name (Signature)
___________________________________
Name (Type or Print)
___________________________________
Title (Type or Print)
SURETY
(Seal of Surety) _________________________________________ Name of Surety (Type or Print)
By:____________________________________
Attorney-In-Fact
55452.01510\32905704.2
44 SECTION 00620
PAYMENT BOND
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: A copy of the Power-of-Attorney to local representatives of the bonding company must be attached hereto.
END OF PAYMENT BOND FORM
55452.01510\32905704.2
45 SECTION 00700
GENERAL CONDITIONS
ARTICLE 1. DEFINITIONS
a. Acceptable, Acceptance or words of similar import shall be understood to be the acceptance of the Engineer and/or City.
b. Act of God is an earthquake in excess of a magnitude of 3.5 on the Richter scale and tidal waves.
c. Approval means written authorization by Engineer and/or City. d. Contract Documents includes all documents as stated in the Contract. e. City and Contractor are those stated in the Contract. The terms City and Owner may be used interchangeably.
f. Day shall mean working day unless otherwise specifically designated. g. Engineer shall mean the City Manager, or his or her designee, of the City, acting either directly or through properly authorized agents, such as agents acting within the scope of the particular duties entrusted to them. Also sometimes referred to as “City’s Representative” or “Representative” in the Contract Documents. h. Equal, Equivalent, Satisfactory, Directed, Designated, Selected, As Required and similar words shall mean the written approval, selection, satisfaction, direction, or similar action of the Engineer and/or City.
i. Indicated, Shown, Detailed, Noted, Scheduled or words of similar meaning shall mean that reference is made to the drawings, unless otherwise noted. It shall be understood that the direction, designation, selection, or similar import of the Engineer and/or City is intended, unless stated otherwise. j. Install means the complete installation of any item, equipment or material. k. Material shall include machinery, equipment, manufactured articles, or construction such as form work, fasteners, etc., and any other classes of material to be furnished in connection with the Contract. All materials shall be new unless specified otherwise.
l. Perform shall mean that the Contractor, at Contractor’s expense, shall take all actions necessary to complete The Work, including furnishing of necessary labor, tools, and equipment, and providing and installing Materials that are indicated, specified, or required to complete such performance.
m. Project is The Work planned by City as provided in the Contract Documents. n. Provide shall include provide, complete in place, that is furnish, install, test and make ready for use.
55452.01510\32905704.2
46 SECTION 00700
GENERAL CONDITIONS
o. Recyclable Waste Materials shall mean materials removed from the Project site which are required to be diverted to a recycling center rather than an area landfill.
Recyclable Waste Materials include but are not necessarily limited to asphalt, concrete, brick, concrete block, and rock.
p. Specifications means that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the work. Except for Sections 1-9 of the Standard Specifications for Public Works Construction (“Greenbook”), 2021 Edition, which are specifically excluded from incorporation into these Contract Documents, the Work shall be done in accordance with the Greenbook, including all current supplements, addenda, and revisions thereof, as well as other applicable standards which may be referenced in the Contract Documents. In the case of conflict between the Greenbook and the Contract Documents, the Contract Documents shall prevail.
q. The Work means the entire improvement planned by City pursuant to the Contract Documents.
r. Work means labor, equipment and materials incorporated in, or to be incorporated in the construction covered by the Contract Documents.
ARTICLE 2. CONTRACT DOCUMENTS
a. Intent of Contract Documents. The intent of the Contract Documents is to prescribe a complete work of improvement which Contractor shall perform or cause to be performed in a manner acceptable to the Engineer and in full compliance with all codes and the terms of this Agreement. Contractor shall complete a functional or operable improvement or facility, even though the Contract Documents may not specifically call out all items of work required for the Contractor to complete its tasks, incidental appurtenances, materials, and the like.
If any omissions are made of information necessary to carry out the full intent and meaning of the Contract Documents, Contractor shall immediately seek approval of the Engineer for furnishing detailed instructions. Further, prior to commencing performance of any work hereunder, Contractor shall cooperate with and assist the City to identify and make any refinements to the description and scope of the work that may be necessary to achieve City’s goals hereunder. In the event of any doubt or question arising regarding the true meaning of any of the Contract Documents or any portion thereof, reference shall be made to the Engineer whose decision thereon shall be final.
b. Interpretations. The Contract Documents are intended to be fully cooperative and to be complementary. If Contractor observes that any documents are in conflict, the Contractor shall promptly notify the Engineer in writing. In case of conflicts between the Contract Documents, the order of precedence shall be as follows:
1) Change Orders or Work Change Directives
2) Addenda
3) Special Provisions (or Special Conditions)
55452.01510\32905704.2
47 SECTION 00700
GENERAL CONDITIONS
4) Technical Specifications
5) Plans (Contract Drawings)
6) Contract
7) General Conditions
8) Instructions to Bidders
9) Notice Inviting Bids
10) Contractor’s Bid Forms
11) Greenbook Standard Specifications (Sections 1-9 Excluded) 12) Standard Plans
13) Reference Documents
With reference to the Drawings, the order of precedence shall be as follows:
1) Figures govern over scaled dimensions
2) Detail drawings govern over general drawings
3) Addenda or Change Order drawings govern over Contract Drawings 4) Contract Drawings govern over Standard Drawings
5) Contract Drawings govern over Shop Drawings
c. Conflicts in Contract Documents. Notwithstanding the orders of precedence established above, in the event of conflicts, the higher standard shall always apply. d. Organization of Contract Documents. Organization of the Contract Documents into divisions, sections, and articles, and arrangement of drawings shall not control the Contractor in dividing The Work among subcontractors or in establishing the extent of Work to be performed by any trade.
ARTICLE 3. CONTRACTS DOCUMENTS: COPIES & MAINTENANCE
Contractor will be furnished, free of charge, two (2) copies of the Contract Documents. Additional copies may be obtained at cost of reproduction.
Contractor shall maintain a clean, undamaged set of Contract Documents at the Project site.
ARTICLE 4. DETAIL DRAWINGS AND INSTRUCTIONS
a. Examination of Contract Documents. Before commencing any portion of The Work, Contractor shall again carefully examine all applicable Contract Documents, 55452.01510\32905704.2
48 SECTION 00700
GENERAL CONDITIONS
the Project site and other information given to Contractor as to materials and methods of construction and other Project requirements. Contractor shall immediately notify the Engineer of any potential error, inconsistency, ambiguity, conflict or lack of detail or explanation. If Contractor performs, permits, or causes the performance of any Work which is in error, inconsistent or ambiguous, or not sufficiently detailed or explained, Contractor shall bear any and all resulting costs, including, without limitation, the cost of correction. In no case shall the Contractor or any subcontractor proceed with Work if uncertain as to the applicable requirements.
b. Additional Instructions. After notification of any error, inconsistency, ambiguity, conflict or lack of detail or explanation, the Engineer will provide any required additional instructions, by means of drawings or other written direction, necessary for proper execution of Work.
c. Quality of Parts, Construction and Finish. All parts of The Work shall be of the best quality of their respective kinds and the Contractor must use all diligence to inform itself fully as to the required construction and finish. In no case shall Contractor proceed with The Work without obtaining first from the Engineer such Approval may be necessary for the proper performance of Work.
d. Contractor’s Variation from Contract Document Requirements. If it is found that the Contractor has varied from the requirements of the Contract Documents including the requirement to comply with all applicable laws, ordinances, rules and regulations, the Engineer may at any time, before or after completion of the Work, order the improper Work removed, remade or replaced by the Contractor at the Contractor’s expense.
ARTICLE 5. EXISTENCE OF UTILITIES AT THE WORK SITE
a. City has endeavored to determine the existence of utilities at the Project site from the records of the owners of known utilities in the vicinity of the Project. The positions of these utilities as derived from such records are shown on the Plans. b. No excavations were made to verify the locations shown for underground utilities.
No guarantee is made or implied that the information is complete or accurate. It shall be the Contractor’s responsibility alone to determine the exact location of underground utilities or substructures of every nature and to protect them from damage.
c. The service connections to these utilities are not shown on the plans. It shall be the responsibility of the Contractor to determine the exact location of all service connections and, if necessary, Contractor shall arrange for the relocation of service connections. The Contractor shall make its own investigations, including exploratory excavations, to determine the locations and type of service connections, prior to commencing Work which could result in damage to such utilities. The Contractor shall immediately notify City in writing of any utility discovered in a different position than shown on the Plans or which is not shown on the Plans.
55452.01510\32905704.2
49 SECTION 00700
GENERAL CONDITIONS
d. All water meters, water valves, fire hydrants, electrical utility vaults, telephone vaults, gas utility valves, and other subsurface structures shall be relocated or adjusted to final grade by the Contractor. Locations of existing utilities shown on the Plans are approximate and may not be complete. The Contractor shall be responsible for coordinating its Work with all utility companies during the construction of The Work. The Contractor will not be entitled to damages or additional payment for delays attributable to utility relocations or alterations e. Notwithstanding the above, pursuant to Section 4215 of the Government Code, City has the responsibility to identify, with reasonable accuracy, main or trunkline facilities on the plans and specifications. In the event that main or trunkline utility facilities are not identified with reasonable accuracy in the plans and specifications made a part of the invitation for bids, City shall assume the responsibility for their timely removal, relocation, or protection.
f. Contractor, except in an emergency, shall contact the appropriate regional notification center, Southern California Underground Service Alert at 1-800-227- 2600 at least two working days prior to commencing any excavation if the excavation will be performed in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by City, and obtain an inquiry identification number from that notification center. No excavation shall be commenced or carried out by the Contractor unless such an inquiry identification number has been assigned to the Contractor or any subcontractor of the Contractor and City has been given the identification number by the Contractor.
ARTICLE 6. SCHEDULE
a. Planned Schedule.. Contractor shall prepare a proposed Project schedule and shall submit this for approval to the Engineer at the pre-construction meeting or as otherwise provided in the Special Provisions. The Engineer shall promptly provide written acceptance of the proposed schedule, or notify Contractor that the proposed schedule is not acceptable with accompanying explanation. In such case Contractor shall revise and re-submit an updated schedule within five (5) working days of the Engineer’s notification. The receipt or Approval of any schedules by the Engineer or City shall not in any way relieve the Contractor of its obligations under the Contract Documents. The Contractor is fully responsible to determine and provide for any and all staffing and resources at levels which allow for good quality and timely completion of the Project. Contractor’s failure to incorporate all elements of Work required for the performance of the Contract or any inaccuracy in the schedule shall not excuse the Contractor from performing all Work required for a completed Project within the specified Contract time period. If the required schedule is not received by the time the first payment under the Contract is due, Contractor shall not be paid until the schedule is received, reviewed and accepted by the Engineer.
b. Schedule Contents. The schedule shall allow enough time for inclement weather.
The schedule shall specify the progression of activities from the date of the Notice to Proceed to the end of the Contract Time, indicate the beginning and completion dates of all phases of construction; the order in which the Contractor proposes to carry out the work, critical path for all critical, sequential time related activities; and 55452.01510\32905704.2
50 SECTION 00700
GENERAL CONDITIONS
“float time” for all “slack” or “gaps” in the non-critical activities. The schedule shall include appropriate time allowances and constraints for submittals, permits, inspections, performance and material testing, and work that may be required by others for the completion of the Contractor’s work. The schedule shall clearly identify all staffing and other resources which in the Contractor’s judgment are needed to complete the Project within the time specified for completion. The schedule(s) submitted shall be consistent in all respects with the completion time requirements and any order of work requirements set forth in the Contract Documents.
c. Schedule Updates. Contractor shall continuously update its construction schedule, and shall provide to the Engineer full information in advance as to the Contractor’s plans for carrying out any part of the work. Contractor shall submit an updated and accurate construction schedule to the Engineer whenever requested to do so by Engineer and with each progress payment request. The Engineer may withhold progress payments or other amounts due under the Contract Documents if Contractor fails to submit an updated and accurate construction schedule.
ARTICLE 7. SUBSTITUTIONS
a. Pursuant to Public Contract Code Section 3400(b) City may make a finding that is described in the invitation for bids that designates certain products, things, or services by specific brand or trade name.
b. Unless specifically designated in the Contract Documents, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in the Contract Documents. However, City may have adopted certain uniform standards for certain materials, processes and articles. c. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process or article. The burden of proof as to the equality of any material, process or article shall rest with the Contractor. City has the complete and sole discretion to determine if a material, process or article is an “or equal” material, process or article that may be substituted.
d. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from the Contractor stating that, and describing how, the substituted “or equal” material, process or article is 55452.01510\32905704.2
51 SECTION 00700
GENERAL CONDITIONS
equivalent to that specified in every way except as listed on the affidavit.
Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process or article. Failure to submit all the required substantiating data, including the signed affidavit, to City in a timely fashion will result in the rejection of the proposed substitution.
e. The Contractor shall bear all of City’s costs associated with the review of substitution requests.
f. The Contractor shall be responsible for all costs related to a substituted “or equal” material, process or article.
g. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.
ARTICLE 8. SHOP DRAWINGS
a. Contractor shall check and verify all field measurements and shall submit with such promptness as to provide adequate time for review and cause no delay in his own Work or in that of any other contractor, subcontractor, or worker on the Project, six (6) copies of all shop or setting drawings, calculations, schedules, and materials list, and all other provisions required by the Contract. Contractor shall sign all submittals affirming that submittals have been reviewed and approved by Contractor prior to submission to Engineer. Each signed submittal shall affirm that the submittal meets all the requirements of the Contract Documents except as specifically and clearly noted and listed on the cover sheet of the submittal. b. Contractor shall make any corrections required by the Engineer, and file with the Engineer six (6) corrected copies each, and furnish such other copies as may be needed for completion of the Work. Engineer’s approval of shop drawings shall not relieve Contractor from responsibility for deviations from the Contract Documents unless Contractor has, in writing, called Engineer’s attention to such deviations at time of submission and has secured the Engineer’s written Approval.
Engineer’s Approval of shop drawings shall not relieve Contractor from responsibility for errors in shop drawings.
ARTICLE 9. SUBMITTALS
a. Contractor shall furnish to the Engineer for approval, prior to purchasing or commencing any Work, a log of all samples, material lists and certifications, mix designs, schedules, and other submittals, as required in the specifications. The log shall indicate whether samples will be provided in accordance with other provisions of this Contract.
b. Contractor will provide samples and submittals, together with catalogs and supporting data required by the Engineer, to the Engineer within a reasonable time period to provide for adequate review and avoid delays in the Work. 55452.01510\32905704.2
52 SECTION 00700
GENERAL CONDITIONS
c. These requirements shall not authorize any extension of time for performance of this Contract. Engineer will check and approve such samples, but only for conformance with design concept of work and for compliance with information given in the Contract Documents. Work shall be in accordance with approved samples and submittals.
ARTICLE 10. MATERIALS
a. Except as otherwise specifically stated in the Contract Documents, Contractor shall provide and pay for all materials, labor, tools, equipment, water, lights, power, transportation, superintendence, temporary constructions of every nature, and all other services and facilities of every nature whatsoever necessary to execute and complete this Contract within specified time.
b. Unless otherwise specified, all materials shall be new and the best of their respective kinds and grades as noted and/or specified, and workmanship shall be of good quality.
c. Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of The Work and shall be stored properly and protected as required by the Contract Documents. Contractor shall be entirely responsible for damage or loss by weather or other causes to materials or Work. d. No materials, supplies, or equipment for Work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver the Project, to City free from any claims, liens, or charges. e. Materials shall be stored on the Project site in such manner so as not to interfere with any operations of City or any independent contractor.
ARTICLE 11. CONTRACTOR’S SUPERVISION
Contractor shall continuously keep at the Project site, a competent and experienced full-time Project superintendent approved by City. Superintendent must be able to proficiently speak, read and write in English. Contractor shall continuously provide efficient supervision of the Project.
ARTICLE 12. WORKERS
a. Contractor shall at all times enforce strict discipline and good order among its employees. Contractor shall not employ on the Project any unfit person or any one not skilled in the Work assigned to him or her.
b. Any employee of the Contractor whom City determines is incompetent or unfit shall be removed from this Project.
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ARTICLE 13. SUBCONTRACTORS
a. Contractor agrees to bind every subcontractor to the terms of the Contract Documents as far as such terms are applicable to subcontractor’s portion of The Work. All subcontracts entered into by Contractor relating to any of the Work under this Contract shall comply with and be limited to the extent required by Civil Code section 2872.05. Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by its subcontractors, as Contractor is for acts and omissions of persons directly employed by Contractor. Nothing contained in these Contract Documents shall create any contractual relationship between any subcontractor and City. b. City reserves the right to approve all subcontractors. City’s Approval of any subcontractor under this Contract shall not in any way relieve Contractor of its obligations in the Contract Documents.
c. Prior to substituting any subcontractor listed in the Bid Forms, Contractor must comply with the requirements of the Subletting and Subcontracting Fair Practices Act pursuant to California Public Contract Code section 4100 et seq.
ARTICLE 14. PERMITS AND LICENSES
Permits and licenses necessary for prosecution of The Work shall be secured and paid for by Contractor, unless otherwise specified in the Contract Documents. a. Contractor shall obtain and pay for all other permits and licenses required for The Work, including excavation permit and for plumbing, mechanical and electrical work and for operations in or over public streets or right of way under jurisdiction of public agencies other than City.
b. The Contractor shall arrange and pay for all off-site inspection of the Work related to permits and licenses, including certification, required by the specifications, drawings, or by governing authorities, except for such off-site inspections delineated as City's responsibility pursuant to the Contract Documents. c. Before Acceptance of the Project, the Contractor shall submit all licenses, permits, certificates of inspection and required approvals to City.
ARTICLE 15. UTILITY USAGE
a. All temporary utilities, including but not limited to electricity, water, gas, and telephone, used on the Work shall be furnished and paid for by Contractor.
Contractor shall provide necessary temporary distribution systems, including meters, if necessary, from distribution points to points on The Work where the utility is needed. Upon completion of The Work, Contractor shall remove all temporary distribution systems.
b. Contractor shall provide necessary and adequate utilities and pay all costs for water, electricity, gas, oil, and sewer charges required for completion of the Project.
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c. All permanent meters Installed shall be listed in the Contractor’s name until the Work is accepted.
d. If the Contract is for construction in existing facilities, Contractor may, with prior written Approval of City, use City’s existing utilities by compensating City for utilities used by Contractor.
ARTICLE 16. INSPECTION FEES FOR PERMANENT UTILITIES
All inspection fees and other municipal charges for permanent utilities including, but not limited to, sewer, electrical, phone, gas, water, and irrigation shall be paid for by City. Contractor shall be responsible for arranging the payment of such fees, but inspection fees and other municipal fees relating to permanent utilities shall be paid by City. Contractor may either request reimbursement from City for such fees, or shall be responsible for arranging and coordination with City for the payment of such fees.
ARTICLE 17. TRENCHES
a. Trenches Five Feet or More in Depth. The Contractor shall submit to City, in advance of excavation, 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 any trench or trenches five feet or more in depth. If the plan varies from shoring system standards, the plan shall be prepared by a registered civil or structural engineer. The plan shall not be less effective than the shoring, bracing, sloping, or other provisions of the Construction Safety Orders, as defined in the California Code of Regulations.
b. Excavations Deeper than Four Feet. If work under this Contract involves digging trenches or other excavation that extends deeper than four feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any:
1) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
2) Subsurface or latent physical conditions at the site differing from those indicated.
3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.
City shall promptly investigate the conditions, and if it finds that the conditions do so materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of The Work, shall issue a change order under the procedures described in the Contract Documents.
In the event that a dispute arises between City and the Contractor as to whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s 55452.01510\32905704.2
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cost of, or time required for, performance of any part of The Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all Work to be performed under the Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the parties.
ARTICLE 18. DIVERSION OF RECYCLABLE WASTE MATERIALS
Per the City’s solid waste reduction and recycling requirements found in Chapter 8.69 of the Municipal Code of the City of San Clemente, the Contractor must reuse, recycle, or divert at least 75% of construction and demolition (C&D) debris generated on this project. Contractor must either: a) contract for solid waste handling services from the City's authorized franchise solid waste hauler (CR&R Waste Services, www.crrwasteservices.com, 877-728-0446) and provide written evidence that the City's franchise waste hauler will be providing C&D material collection services to Contractor for this project; or b) submit a Waste Management Plan and associated fee and deposit per the Waste Management Plan requirements found in Appendix 2. All costs incurred for these waste diversion efforts shall be the responsibility of the Contractor.
ARTICLE 19. REMOVAL OF HAZARDOUS MATERIALS
Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes and hazardous materials which have not been rendered harmless at the Project site, the Contractor shall immediately stop work at the affected Project site and shall report the condition to City in writing. City shall contract for any services required to directly remove and/or abate PCBs and other toxic wastes and hazardous materials, if required by the Project site(s), and shall not require the Contractor to subcontract for such services. The Work in the affected area shall not thereafter be resumed except by written agreement of City and Contractor.
ARTICLE 20. SANITARY FACILITIES
Contractor shall provide sanitary temporary toilet buildings for the use of all workers. All toilets shall comply with all applicable federal, state and local laws, codes, ordinances, and regulations.
Toilets shall be kept supplied with toilet paper and shall have workable door fasteners. Toilets shall be serviced no less than once weekly and shall be present in a quantity of not less than 1 per 20 workers as required by CAL-OSHA regulation. The toilets shall be maintained in a sanitary condition at all times. Use of toilet facilities in The Work under construction shall not be permitted.
Any other Sanitary Facilities required by CAL-OSHA shall be the responsibility of the Contractor.
ARTICLE 21. AIR POLLUTION CONTROL
Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes.
All containers of paint, thinner, curing compound, solvent or liquid asphalt shall be labeled to indicate that the contents fully comply with the applicable material requirements.
Without limiting the foregoing, Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are broader, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City 55452.01510\32905704.2
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against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in Article 50.
ARTICLE 22. WATER QUALITY MANAGEMENT AND COMPLIANCE
a. Storm, surface, ground, nuisance, or other waters may be encountered at various times during the Work. Contractor hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
b. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the City’s ordinances regulating discharges of storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. These include, but are not limited to San Diego Regional Water Quality Control Board Order No. R9-2013-0001 as amended by Order Nos. R9-2015-0001 and R9-2015-0100, and State Water Resources Control Board Order No. 2009-0009-DWQ as amended by Order Nos. 2010-0014-DWQ and Order No. 2012-0006-DWQ, and any amendment or renewal thereof.
c. Contractor shall comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Work is to be conducted, regarding discharges of storm water to separate storm drain systems or watercourses. These requirements include but are not limited to, all applicable requirements of the Orange County Drainage Area Management Plan (“DAMP”), the South Orange County Water Quality Improvement Plan (“WQIP”), and the City of San Clemente Jurisdictional Runoff Management Plan (“JRMP”), and the applicable Water Quality Management Plan (“WQMP”) for this project, if any. Sections 5, 7, and 8 of the DAMP contain requirements related to design and construction of public projects. Contractor shall be familiar the DAMP, WQIP, JRMP and any applicable WQMP, and shall comply with the requirements as specified therein. In the event these documents are revised or replaced in accordance with the requirements of a state or federal law, rule or permit that impacts the performance of the Work, Contractor shall comply with the revised or replaced requirements. Electronic copies of the DAMP, WQIP and JRMP are available online as follows:
DAMP: www.ocwatersheds.com/documents/damp
WQIP:
www.ocwatersheds.com/documents/south_oc_water_quality_improvement_plan _(wqip)
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JRMP: www.san-clemente.org/department-services/environmentalservices/water-quality/local-implementation-plan d. Contractor shall comply with all aspects of the State Water Resources Control Board (“State Board”) Water Quality Order No. 2009-0009-DWQ, National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, including any amendment or renewal thereof, (“Construction General Permit”) for all projects that involve construction on or disturbance of one acre or more of land or which are part of a larger common area of development.
e. City may require Contractor to file the Notice of Intent (“NOI”) and obtain coverage for the Project under the Construction General Permit. This may include filing all necessary documentation including the Permit Registration Documents (“PRDs”) through the Stormwater Multiple Applications and Report Tracking System (“SMARTS”); preparing and implementing a Storm Water Pollution Prevention Plan (“SWPPP”) for the Work site; implementing all other provisions, and monitoring and reporting requirements required by the Construction General Permit; and providing a Qualified SWPPP Developer (“QSD”) and Qualified SWPPP Practitioner (“QSP”), as necessary for all Work site activities, including but not limited to preparation and submittal of all reports, plans, inspections, and monitoring information in compliance with the Construction General Permit. City retains the right to develop its own documentation for the project site, including but not limited to the SWPPP, and in the alternative may require Contractor to adopt and implement portions of the City developed SWPPP. Specific requirements for the Work site shall be set forth in the Special Conditions. Contractor shall include all costs of compliance with specified requirements in the Contract amount. f. For those Work sites where construction activity results in the disturbance of less than one acre of total land area and/or do not need coverage under the Construction General Permit, the Contractor shall be responsible for preparing and implementing an Erosion and Sediment Control Plan in accordance with San Diego Regional Water Quality Control Board Order No. R9-2013-0001 as amended by Order Nos. R9-2015-0001 and R9-2015-0100 and any amendment or renewal thereof, and the City’s LIP and Orange County DAMP and any revision or replacement thereof.
g. Notwithstanding the above, before any PRDs, SWPPP, or other Construction General Permit related document may be submitted to the State Water Resources Control Board or implemented on the Work site, it must first be reviewed and approved by the City and/or the City’s designee. The City expressly reserves the right to procure coverage under the Construction General Permit for the Work site if Contractor fails to draft satisfactory PRDs or SWPPP or otherwise fails to proceed in a manner that complies with the requirements of the Construction General Permit. The City additionally reserves the right to hire additional contractors to maintain compliance at the Work site. Whether Contractor has adequately maintained compliance with the Construction General Permit shall be the City’s sole determination. Any costs incurred by the City in procuring coverage under the Construction General Permit, or drafting and/or implementing a SWPPP for the Work site shall be paid by Contractor.
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h. Failure to comply with laws, regulations, and ordinances listed in this Article 22 is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Contractor agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Work, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. i. City reserves the right to defend any enforcement action or civil action brought against the City for Contractor’s failure to comply with any applicable water quality law, regulation, or policy. Contractor hereby agrees to be bound by, and to reimburse the City for the costs associated with, any enforcement action and/or settlement reached between the City and any relevant enforcement entity. j. City may seek damages from Contractor for delay in completing the Work in accordance with the Contract Documents, caused by Contractor’s failure to comply with the laws, regulations and policies described in this Article 22, or any other relevant water quality law, regulation, or policy.
ARTICLE 23. CLEANING UP
a. Contractor at all times shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. Contractor shall not store debris under, in, or about the premises. Upon completion of Work, Contractor shall clean the interior and exterior of the building or improvement including fixtures, equipment, walls, floors, ceilings, roofs, window sills and ledges, horizontal projections, and any areas where debris has collected so surfaces are free from foreign material or discoloration. Contractor shall clean and polish all glass, plumbing fixtures, and finish hardware and similar finish surfaces and equipment and contractor shall also remove temporary fencing, barricades, planking and construction toilet and similar temporary facilities from site. Contractor shall also clean all buildings, asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by Contractor operations or equipment.
b. Contractor shall fully clean up the site at the completion of The Work. If the Contractor fails to immediately clean up at the completion of The Work, City may do so and the cost of such clean up shall be charged back to the Contractor.
ARTICLE 24. LAYOUT AND FIELD ENGINEERING
All field engineering required for laying out The Work and establishing grades for earthwork operations, location and alignment of any and all site elements (buildings, paving, walks, fencing, furnishings, etc.) shall be furnished by the Contractor at its expense. A digital AutoCAD (version 2017) file shall be provided to the Contractor by the City indicating the location and layout of all site elements for the use by the Contractors surveyor. Layout shall be done by a registered civil engineer or a licensed land surveyor Approved by the Engineer. Any surveying necessary to establish the grade and line of the work is to be done by a properly licensed land surveyor retained 55452.01510\32905704.2
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by the contractor. Any required “as-built” drawings of the Work shall be prepared by the registered civil engineer.
ARTICLE 25. EXCESSIVE NOISE
a. The Contractor shall use only such equipment on the work and in such state of repair so that the emission of sound therefrom is within the noise tolerance level of that equipment as established by CAL-OSHA.
b. The Contractor shall comply with the most restrictive of the following: (1) local sound control and noise level rules, regulations and ordinances and (2) the requirements contained in these Contract Documents, including hours of operation requirements. No internal combustion engine shall be operated on the Project without a muffler of the type recommended by the manufacturer. Should any muffler or other control device sustain damage or be determined to be ineffective or defective, the Contractor shall promptly remove the equipment and shall not return said equipment to the job until the device is repaired or replaced. Said noise and vibration level requirements shall apply to all equipment on the job or related to the job, including but not limited to, trucks, transit mixers or transit equipment that may or may not be owned by the Contractor.
ARTICLE 26. TESTS AND INSPECTIONS
a. If the Contract Documents, the Engineer, or any instructions, laws, ordinances, or public authority require any part of The Work to be tested or Approved, Contractor shall provide the Engineer at least two (2) working days notice of its readiness for observation or inspection. If inspection is by a public authority other than City, Contractor shall promptly inform City of the date fixed for such inspection.
Required certificates of inspection (or similar) shall be secured by Contractor.
Costs for City testing and City inspection shall be paid by City. Costs of tests for Work found not to be in compliance shall be paid by the Contractor. b. If any Work is done or covered up without the required testing or approval, the Contractor shall uncover or deconstruct the Work, and the Work shall be redone after completion of the testing at the Contractor’s cost in compliance with the Contract Documents.
c. Where inspection and testing are to be conducted by an independent laboratory or agency, materials or samples of materials to be inspected or tested shall be selected by such laboratory or agency, or by City, and not by Contractor. All tests or inspections of materials shall be made in accordance with the commonly recognized standards of national organizations.
d. In advance of manufacture of materials to be supplied by Contractor which must be tested or inspected, Contractor shall notify City so that City may arrange for testing at the source of supply. Any materials which have not satisfactorily passed such testing and inspection shall not be incorporated into The Work. e. If the manufacture of materials to be inspected or tested will occur in a plant or location outside the geographic limits of City, the Contractor shall pay for any 55452.01510\32905704.2
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excessive or unusual costs associated with such testing or inspection, including but not limited to excessive travel time, standby time and required lodging. f. Reexamination of Work may be ordered by City. If so ordered, Work must be uncovered or deconstructed by Contractor. If Work is found to be in accordance with the Contract Documents, City shall pay the costs of reexamination and reconstruction. If such work is found not to be in accordance with the Contract Documents, Contractor shall pay all costs.
ARTICLE 27. PROTECTION OF WORK AND PROPERTY
a. Contractor acknowledges and agrees that public safety is of utmost importance, and Contractor agrees that during the progress of the Work Contractor shall constantly protect and preserve the safety of the public. Contractor shall not unnecessarily cause inconvenience to the public during the progress of the Work and shall minimize the inconvenience caused by Contractor’s operations. Such operations include, but are not limited to, work performed on or adjacent to the Work site, traffic lane and pedestrian closures and deliveries of material and equipment.
b. The Contractor shall be responsible for all damages to persons or property that occur as a result of The Work. Contractor shall be responsible for the proper care and protection of all materials delivered and Work performed until completion and final Acceptance by City. All Work shall be solely at the Contractor’s risk.
Contractor shall adequately protect adjacent property from settlement or loss of lateral support as necessary. Contractor shall comply with all applicable safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the Project site where Work is being performed. Contractor shall erect and properly maintain at all times, as required by field conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workers and the public, and shall post danger signs warning against hazards created in the course of construction.
c. In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act to prevent such threatened loss or injury; and Contractor shall so act, without appeal, if so authorized or instructed by the Engineer or City. Any compensation claimed by Contractor on account of emergency work shall be determined by and agreed upon by City and the Contractor. d. Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions.
e. Contractor shall take adequate precautions to protect existing sidewalks, curbs, pavements, utilities, and other adjoining property and structures, and to avoid damage thereto, and Contractor shall repair any damage thereto caused by The Work operations. Contractor shall:
1) Enclose the working area with a substantial barricade, and arrange work to cause minimum amount of inconvenience and danger to the public. 55452.01510\32905704.2
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2) Provide substantial barricades around any shrubs or trees indicated to be preserved.
3) Deliver materials to the Project site over a route designated by the Engineer.
4) Provide any and all dust control required and follow the Applicable air quality regulations as appropriate. If the Contractor does not comply, City shall have the immediate authority to provide dust control and deduct the cost from payments to the Contractor.
5) Confine Contractor’s apparatus, the storage of materials, and the operations of its workers to limits required by law, ordinances, permits, or directions of the Engineer. Contractor shall not unreasonably encumber the Project site with its materials.
6) Take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed by accident, they shall be replaced by an approved civil engineer or land surveyor, at no cost to City. 7) Ensure that existing facilities, fences and other structures are all adequately protected and that, upon completion of all Work, all facilities that may have been damaged are restored to a condition acceptable to City.
8) Preserve and protect from injury all buildings, pole lines and all direction, warning and mileage signs that have been placed within the right-of-way. 9) At the completion of work each day, leave the Project site in a clean, safe condition.
10) Comply with any stage construction and traffic handling plans. Access to residences and businesses shall be maintained at all times. f. These precautionary measures will apply continuously and not be limited to normal working hours. Full compensation for the Work involved in the preservation of life, safety and property as above specified shall be considered as included in the prices paid for the various contract items of Work, and no additional allowance will be made therefor.
g. Should damage to persons or property occur as a result of The Work, Contractor shall be responsible for proper investigation, documentation, including video or photography, to adequately memorialize and make a record of what transpired.
City shall be entitled to inspect and copy any such documentation, video, or photographs.
ARTICLE 28. CONTRACTORS MEANS AND METHODS
Contractor is solely responsible for the means and methods utilized to perform the work. In no case shall the Contractor’s means and methods deviate from commonly used industry standards. 55452.01510\32905704.2
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ARTICLE 29. INSPECTOR’S FIELD OFFICE
“NOT APPLICABLE”
ARTICLE 30. STAGING AREA
The City has an area designated for use as staging for the Contractor. This staging area is shown on Appendix 6 of this Specifications.
The Staging Area shall be enclosed with a 6’ high fence with security fabric. The Contractor shall maintain an orderly and clean staging area at all times. Full compensation for the Staging Area shall be included in the unit prices bid for various items of work.
ARTICLE 31. AUTHORIZED REPRESENTATIVES
City shall designate representatives, who shall have the right to be present at the Project site at all times. City may designate an inspector who shall have the right to observe all of the Contractor’s Work. The inspector is not authorized to make changes in the Contract Documents.
The inspector shall not be responsible for the Contractor’s failure to carry out The Work in accordance with the Contract Documents. Contractor shall provide safe and proper facilities for such access.
ARTICLE 32. HOURS OF WORK
a. Eight (8) hours of work shall constitute a legal day’s work. The Contractor and each subcontractor shall forfeit, as penalty to City, twenty-five dollars ($25) for each worker employed in the execution of Work by the Contractor or any subcontractor 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 week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, except as provided in Labor Code Section 1815. b. Unless otherwise provided in the Special Conditions, Work shall be accomplished on a regularly scheduled eight (8) hour per day work shift basis, Monday through Friday, between the hours of 7:00 a.m. and 5:00 p.m.
c. It shall be unlawful for any person to operate, permit, use, or cause to operate any of the following at the Project site, other than between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, with no Work allowed on City-observed holidays, unless otherwise Approved by the Engineer:
1) Powered Vehicles
2) Construction Equipment
3) Loading and Unloading Vehicles
4) Domestic Power Tool.
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ARTICLE 33. PAYROLL RECORDS
a. Pursuant to Labor Code Section 1776, the Contractor and each subcontractor shall maintain weekly certified payroll records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed in connection with the work.
Contractor shall certify under penalty of perjury that records maintained and submitted by Contractor are true and accurate. Contractor shall also require subcontractor(s) to certify weekly payroll records under penalty of perjury. b. In accordance with Labor Code section 1771.4, the Contractor and each subcontractor shall furnish the certified payroll records directly to the Department of Industrial Relations (“DIR”) on a weekly basis and in the format prescribed by the DIR, which may include electronic submission. Contractor shall comply with all requirements and regulations from the DIR relating to labor compliance monitoring and enforcement.
c. The payroll records described herein shall be certified and submitted by the Contractor at a time designated by City. The Contractor shall also provide the following:
1) A certified copy of the employee’s payroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
2) A certified copy of all payroll records described herein shall be made available for inspection or furnished upon request of the Department of Industrial Relations (“DIR”).
d. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement (“DLSE”) of the DIR or shall contain the same information as the forms provided by the DLSE.
e. Any copy of records made available for inspection and furnished upon request to the public shall be marked or obliterated in such a manner as to prevent disclosure of an individual’s name, address, and social security number. The name and address of the Contractor or any subcontractor shall not be marked or obliterated. f. In the event of noncompliance with the requirements of this Section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying any item or actions necessary to ensure compliance with this section.
Should noncompliance still be evident after such ten (10) day period, the Contractor shall, as a penalty to City, forfeit one hundred dollars ($100.00) for each day, or portion thereof, for each worker until strict compliance is effectuated. Upon the request of the DIR, such penalties shall be withheld from contract payments.
ARTICLE 34. PREVAILING RATES OF WAGES
a. The Contractor is aware of the requirements of Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 55452.01510\32905704.2
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et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Since this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages at the commencement of this Agreement from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at www.dir.ca.gov/dlsr/. In the alternative, the Contractor may view a copy of the prevailing rates of per diem wages at City. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
b. The Contractor and each subcontractor shall forfeit as a penalty to City not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Labor Code.
The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
c. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.
ARTICLE 35. EMPLOYMENT OF APPRENTICES
The Contractor’s attention is directed to the provisions of Sections 1777.5, 1777.6, and 1777.7 of the Labor Code concerning employment of apprentices by the Contractor or any subcontractor.
The Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Section 1777.5, 1777.6, and 1777.7 of the Labor Code. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, the Administrator of Apprenticeships, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
ARTICLE 36. CONTRACTOR AND SUBCONTRACTOR REGISTRATION
Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its subcontractors must be registered with the Department of Industrial Relations (“DIR”) at the time of the bid. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall remain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project. 55452.01510\32905704.2
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ARTICLE 37. LABOR COMPLIANCE; STOP ORDERS
This Project is subject to compliance monitoring and enforcement by the DIR. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Contractor or any subcontractor.
ARTICLE 38. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY Pursuant to Labor Code Section 1735 and other applicable provisions of law, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap on this Project. The Contractor will take affirmative action to insure that employees are treated during employment or training without regard to their race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap.
ARTICLE 39. LABOR/EMPLOYMENT SAFETY
The Contractor shall maintain emergency first aid treatment for his employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4.
ARTICLE 40. INSURANCE
Contractor agrees to procure and maintain, at Contractor’s expense all insurance specified in Appendix “1” attached hereto and by this reference incorporated herein. Contractor shall require all subcontractors to carry the same policies and limits of insurance that the Contractor is required to maintain, unless otherwise approved in writing by the City.
ARTICLE 41. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
a. Time for Completion/Liquidated Damages. Contractor shall commence work within ten (10) days of the date stated in City’s Notice to Proceed and shall diligently and continuously prosecute the work to completion in the time specified in the Contract Documents. City is under no obligation to consider early completion of the Project; and the Contract completion date shall not be amended by City’s receipt or acceptance of the Contractor’s proposed earlier completion date.
Furthermore, Contractor shall not, under any circumstances, receive additional compensation from City (including but not limited to indirect, general, administrative or other forms of overhead costs) for the period between the time of earlier completion proposed by the Contractor and the Contract completion date.
If The Work is not completed as stated in the Contract Documents, it is understood that City will suffer damage. In accordance with Government Code section 53069.85, being impractical and infeasible to determine the amount of actual damage, it is agreed that Contractor shall pay to City as fixed and liquidated 55452.01510\32905704.2
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damages, and not as a penalty, the sum stipulated in the Contract for each day of delay until The Work is fully completed. Contractor and its surety shall be liable for any liquidated damages. Any money due or to become due the Contractor may be retained to cover liquidated damages.
b. Inclement Weather. Contractor shall abide the Engineer’s determination of what constitutes inclement weather. Time extensions for inclement weather shall only be granted when the Work stopped during inclement weather is on the critical path of the Project schedule.
c. Extension of Time. Contractor shall not be charged liquidated damages because of any delays in completion of The Work due to unforeseeable causes beyond the control and without the fault or negligence of Contractor (or its subcontractors or suppliers). Contractor shall within five (5) Days of identifying any such delay notify City in writing of causes of delay. City shall ascertain the facts and extent of delay and grant extension of time for completing The Work when, in its judgment, the facts justify such an extension. Time extensions to the Project shall be requested by the Contractor as they occur and without delay. No delay claims shall be permitted unless the event or occurrence delays the completion of the Project beyond the Contract completion date.
d. No Damages for Reasonable Delay. City’s liability to Contractor for delays for which City is responsible shall be limited to only an extension of time unless such delays were unreasonable under the circumstances. In no case shall City be liable for any costs which are borne by the Contractor in the regular course of business, including, but not limited to, home office overhead and other ongoing costs.
Damages caused by unreasonable City delay, including delays caused by items that are the responsibility of City pursuant to Government Code section 4215, shall be based on actual costs only, no proportions or formulas shall be used to calculate any delay damages.
ARTICLE 42. COST BREAKDOWN AND PERIODIC ESTIMATES
Contractor shall furnish on forms Approved by City:
a. Within ten (10) Days of award of the Contract a detailed estimate giving a complete breakdown of the Contract price;
b. A monthly itemized estimate of Work done for the purpose of making progress payments. In order for City to consider and evaluate each progress payment application, the Contractor shall submit a detailed measurement of Work performed and a progress estimate of the value thereof before the tenth (10th) Day of the following month.
c. Contractor shall submit, with each of its payment requests, an adjusted list of actual quantities, verified by the Engineer, for unit price items listed, if any, in the Bid Form.
d. Following City’s Acceptance of the Work, the Contractor shall submit to City a written statement of the final quantities of unit price items for inclusion in the final payment request.
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e. City shall have the right to adjust any estimate of quantity and to subsequently correct any error made in any estimate for payment.
Contractor shall certify under penalty of perjury, that all cost breakdowns and periodic estimates accurately reflect the Work on the Project.
ARTICLE 43. MOBILIZATION
a. When a bid item is included in the Bid Form for mobilization, the costs of Work in advance of construction operations and not directly attributable to any specific bid item will be included in the progress estimate (“Initial Mobilization”). When no bid item is provided for “Initial Mobilization,” payment for such costs will be deemed to be included in the other items of The Work.
b. Payment for Initial Mobilization based on the lump sum provided in the Bid Form, which shall constitute full compensation for all such Work. No payment for Initial Mobilization will be made until all of the listed items have been completed to the satisfaction of the Engineer. The scope of the Work included under Initial Mobilization shall include, but shall not be limited to, the following principal items:
1) Obtaining and paying for all bonds, insurance, and permits. 2) Moving on to the Project site of all Contractor’s plant and equipment required for first month’s operations.
3) Installing temporary construction power, wiring, and lighting facilities. 4) Establishing fire protection system.
5) Developing and installing a construction water supply. 6) Providing and maintaining the field office trailers for the Contractor and the Engineer, complete, with all specified furnishings and utility services including telephones, telephone appurtenances, computer and printer, and copying machine.
7) Providing on-site communication facilities for the Owner and the Engineer, including telephones, radio pagers, and fax machines.
8) Providing on-site sanitary facilities and potable water facilities as specified per Cal-OSHA and these Contract Documents.
9) Furnishing, installing, and maintaining all storage buildings or sheds required for temporary storage of products, equipment, or materials that have not yet been installed in the Work. All such storage shall meet manufacturer’s specified storage requirements, and the specific provisions of the specifications, including temperature and humidity control, if recommended by the manufacturer, and for all security.
10) Arranging for and erection of Contractor’s work and storage yard. 55452.01510\32905704.2
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11) Posting all OSHA required notices and establishment of safety programs per Cal-OSHA.
12) Full-time presence of Contractor’s superintendent at the job site as required herein.
13) Submittal of Construction Schedule as required by the Contract Documents.
ARTICLE 44. PAYMENTS
a. City shall make monthly progress payments following receipt of undisputed and properly submitted payment requests. Contractor shall be paid a sum equal to ninety-five percent (95%) of the value of Work performed up to the last day of the previous month, less the aggregate of previous payments, except where the City has adopted a finding that the Work done under the Contract is substantially complex, and then the Contractor shall be paid a sum equal to ninety percent (90%) of the value of the Work performed up to the last day of the previous month, less the aggregate of previous payments.
b. The Contractor shall, after the full completion of The Work, submit a final payment application. All prior progress estimates shall be subject to correction in the final estimate and payment.
c. Unless otherwise required by law, the final payment of five percent (5%) of the value of the Work (or ten percent (10%) in the event the City has adopted a finding that the Work under the Contract is substantially complex), if unencumbered, shall be paid no later than sixty (60) Days after the date of recordation of the Notice of Completion.
d. Acceptance by Contractor of the final payment shall constitute a waiver of all claims against City arising from this Contract.
e. Payments to the Contractor shall not be construed to be an acceptance of any defective work or improper materials, or to relieve the Contractor of its obligations under the Contract Documents.
f. The Contractor shall submit with each payment request the Contractor’s conditional waiver of lien for the entire amount covered by such payment request, as well as a valid unconditional waiver of lien from the Contractor and all subcontractors and materialmen for all work and materials included in any prior invoices. Waivers of lien shall be in the forms prescribed by California Civil Code Section 8132. Prior to final payment by City, the Contractor shall submit a final waiver of lien for the Contractor’s work, together with releases of lien from any subcontractor or materialmen.
ARTICLE 45. PAYMENTS WITHHELD AND BACK CHARGES
a. In addition to amounts which City may retain under other provisions of the Contract Documents City may withhold payments due to Contractor as may be necessary to cover:
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1) Stop Notice Claims.
2) Defective work not remedied.
3) Failure of Contractor to make proper payments to its subcontractors or suppliers.
4) Completion of the Contract if there exists a reasonable doubt that the work can be completed for balance then unpaid.
5) Damage to another contractor or third party.
6) Amounts which may be due City for claims against Contractor. 7) Failure of Contractor to keep the record (“as-built”) drawings up to date. 8) Failure to provide updates on the construction schedule. 9) Site clean up.
10) Failure of the Contractor to comply with requirements of the Contract Documents.
11) Liquated damages.
12) Legally permitted penalties.
b. Upon completion of the Contract, City will reduce the final Contract amount to reflect costs charged to the Contractor, back charges or payments withheld pursuant to the Contract Documents.
ARTICLE 46. CHANGES AND EXTRA WORK
a. Change Order Work.
1) City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, the Contract amount and Contract time being adjusted accordingly. All such changes in the Work shall be authorized by Change Order, shall be performed under the applicable conditions of the Contract Documents, and shall be subject to the approval authority requirements of Article 4 of the Contract. A Change Order signed by the Contractor indicates the Contractor's agreement therewith, including any adjustment in the Contract amount or the Contract time, and the full and final settlement of all costs (direct, indirect and overhead) related to the Work authorized by the Change Order. 2) All claims for additional compensation to the Contractor shall be presented in writing before the expense is incurred and will be adjusted as provided herein. No work shall be allowed to lag pending such adjustment, but shall be promptly executed as directed, even if a dispute arises. No claim will be considered after the work in question has been done unless a written 55452.01510\32905704.2
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contract change order has been issued or a timely written notice of claim has been made by Contractor. Contractor shall not be entitled to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any item or portion of Work to be done.
Whenever any change is made as provided for herein, such change shall be considered and treated as though originally included in the Contract, and shall be subject to all terms, conditions and provisions of the original Contract.
3) Owner Initiated Change. The Contractor must submit a complete cost proposal, including any change in the Contract time, within seven (7) Days after receipt of a scope of a proposed change order, unless City requests that proposals be submitted in less than seven (7) Days. 4) Contractor Initiated Change. The Contractor must give written notice of a proposed change order required for compliance with the Contract Documents within seven (7) Days of discovery of the facts giving rise to the proposed change order.
5) Whenever possible, any changes to the Contract amount shall be in a lump sum mutually agreed to by the Contractor and City.
6) Price quotations from the Contractor shall be accompanied by sufficiently detailed supporting documentation to permit verification by City. 7) If the Contractor fails to submit the cost proposal within the seven (7) Day period (or as requested), City has the right to order the Contractor in writing to commence the work immediately on a force account basis and/or issue a lump sum change to the contract price in accordance with City’s estimate of cost. If the change is issued based on City estimate, the Contractor will waive its right to dispute the action unless within fifteen (15) Days following completion of the added/deleted work, the Contractor presents written proof that City’s estimate was in error.
8) Estimates for lump sum quotations and accounting for cost-pluspercentage work shall be limited to direct expenditures necessitated specifically by the subject extra work, and shall be segregated as follows:
(a) Labor. The costs of labor will be the actual cost for wages prevailing locally for each craft or type of worker at the time the extra work is done, plus employer payments of payroll taxes and insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from Federal, State or local laws, as well as assessment or benefits required by lawful collective bargaining agreements. The use of a labor classification which would increase the extra work cost will not be permitted unless the contractor establishes the necessity for such additional costs. Labor costs for equipment operators and helpers shall be reported only when such costs are not included in the invoice for equipment rental. 55452.01510\32905704.2
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(b) Materials. The cost of materials reported shall be at invoice or lowest current price at which such materials are locally available in the quantities involved, plus sales tax, freight and delivery.
Materials cost shall be based upon supplier or manufacturer’s invoice. If invoices or other satisfactory evidence of cost are not furnished within fifteen (15) Days of delivery, then the Engineer shall determine the materials cost, at its sole discretion. (c) Tool and Equipment Use. No payment will be made for the use of small tools, tools which have a replacement value of $1,000 or less.
Regardless of ownership, the rates to be used in determining equipment use costs shall not exceed listed rates prevailing locally at equipment rental agencies, or distributors, or Caltrans Equipment Rental Rates (without surcharge) at the time the work is performed. (d) Overhead, Profit and Other Charges. The mark-up for overhead (including supervision) and profit on work added to the Contract shall be according to the following:
i. “Net Cost” is defined as consisting of costs of labor, materials and tools and equipment only excluding overhead and profit. The costs of applicable insurance and bond
premium will be reimbursed to the Contractor and
subcontractors at cost only, without mark-up.
ii. For Work performed by the Contractor’s forces the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost of the Work.
iii. For Work performed by a subcontractor, the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost of the Work to which the Contractor may add five percent (5%) of the subcontractor’s Net Cost.
iv. For Work performed by a sub-subcontractor the added cost for overhead and profit shall not exceed fifteen percent (15%) of the Net Cost for Work to which the subcontractor and general contractor may each add an additional five
percent (5%) of the Net Cost of the lower tier subcontractor. v. No additional mark up will be allowed for lower tier subcontractors, and in no case shall the added cost for overhead and profit payable by City exceed twenty-five
percent (25%) of the Net Cost as defined herein.
9) All of the following costs are included in the markups for overhead and profit described above, and Contractor shall not receive any additional compensation for: Submittals, drawings: field drawings, Shop Drawings, including submissions of drawings; field inspection; General Superintendence; General administration and preparation of cost proposals, schedule analysis, Change Orders, and other supporting 55452.01510\32905704.2
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documentation; computer services; reproduction services; Salaries of project engineer, superintendent, timekeeper, storekeeper, and secretaries; Janitorial services; Small tools, incidentals and consumables; Temporary on Site facilities (Offices, Telephones, Internet access, Plumbing, Electrical Power, lighting; Platforms, Fencing, Water), Jobsite and Home office overhead or other expenses; vehicles and fuel used for work otherwise included in the Contract Documents; Surveying; Estimating; Protection of Work; Handling and disposal fees; Final cleanup; Other incidental Work; Related warranties.
10) For added or deducted Work by subcontractors, the Contractor shall furnish to City the subcontractor’s signed detailed estimate of the cost of labor, material and equipment, including the subcontractor markup for overhead and profit. The same requirement shall apply to sub-subcontractors. 11) For added or deducted work furnished by a vendor or supplier, the Contractor shall furnish to City a detailed estimate or quotation of the cost to the Contractor, signed by such vendor or supplier.
12) Any change in The Work involving both additions and deletions shall indicate a net total cost, including subcontracts and materials. Allowance for overhead and profit, as specified herein, shall be applied if the net total cost is an extra; overhead and profit allowances shall not be applied if the net total cost is a credit. The estimated cost of deductions shall be based on labor and material prices on the date the Contract was executed. 13) Contractor shall not reserve a right to assert impact costs, extended job site costs, extended overhead, constructive acceleration and/or actual acceleration beyond what is stated in the change order for work. No claims shall be allowed for impact, extended overhead costs, constructive acceleration and/or actual acceleration due to a multiplicity of changes and/or clarifications. The Contractor may not change or modify City’s change order form in an attempt to reserve additional rights. 14) If City disagrees with the proposal submitted by Contractor, it will notify the Contractor and City will provide its opinion of the appropriate price and/or time extension. If the Contractor agrees with City, a change order will be issued by City. If no agreement can be reached, City shall have the right to issue a unilateral change order setting forth its determination of the reasonable additions or savings in costs and time attributable to the extra or deleted work. Such determination shall become final and binding if the Contractor fails to submit a claim in writing to City within fifteen (15) Days of the issuance of the unilateral change order, disputing the terms of the unilateral change order.
15) No dispute, disagreement or failure of the parties to reach agreement on the terms of the change order shall relieve the Contractor from the obligation to proceed with performance of the work, including extra work, promptly and expeditiously.
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16) Any alterations, extensions of time, extra work or any other changes may be made without securing consent of the Contractor’s surety or sureties. b. Contract Unit Prices
1) Increases more than twenty-five percent (25%) percent. Should the actual quantity of an item of work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications exceed the Bid quantity by more than twenty-five percent (25%), payment for the quantity in excess of one hundred twenty-five percent (125%) of the Bid quantity will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the City, or at the option of the Engineer, on the basis of the Extra Work per paragraph (a) above. 2) Decreases of more than twenty-five percent (25%). Should the actual quantity of an item of work covered by a Contract Unit Price, and constructed in conformance with Plans and Specifications, be less than seventy-five percent (75%) of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, payment will be made on the basis of an adjustment in the Contract Unit Price mutually agreed to by the Contractor and the City, or at the option of the Engineer, on the basis of the Extra Work per paragraph (a) above; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price nor more than would be made for seventy-five percent (75%) of the Bid quantity at the Contract Unit Price.
ARTICLE 47. OCCUPANCY
City reserves the right to occupy or utilize any portion of The Work at any time before completion, and such occupancy or use shall not constitute Acceptance of any part of Work covered by this Contract. This use shall not relieve the Contractor of its responsibilities under the Contract.
ARTICLE 48. INDEMNIFICATION
a. Contractor shall defend (with counsel of City Council’s preference), indemnify and hold City, its officials, officers, agents, employees, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, to the extent arising out of or incident to any acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. To the fullest extent permitted by law, Contractor shall defend, at Contractor’s own cost, expense and risk, with City Council’s choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its officials, officers, agents, employees and representatives. To the extent of its liability, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City, its officials, officers, employees, agents, employees and representatives, in any such suit, 55452.01510\32905704.2
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action or other legal proceeding. Contractor shall reimburse City, its officials, officers, agents, employees and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided.
The only limitations on this provision shall be those imposed by Civil Code Section 2782. b. Contractor shall require each of its subcontractors to indemnify City to the same extent Contractor is indemnified.
ARTICLE 49. COMPLETION AND ACCEPTANCE, DEFECTIVE WORK
a. Completion. Contractor shall make an initial request for final inspection after initial completion of the Work. After inspection, the Engineer will inform the Contractor, in writing, of all items found by Engineer to be incomplete or not in compliance with this Agreement. After the Contractor has completed these items, the procedure for final inspection shall then be the same as specified above for the Contractor's initial request for final inspection. If after two (2) "final" inspections, items are found by Engineer to be incomplete or not in compliance with this Agreement or any of the requirements contained or referenced herein, City may require Contractor, as a condition of City performing further field inspections, to submit to the Engineer a detailed written statement of the work performed subsequent to the date of the previous inspection at which such items were found to be incomplete or not in compliance with this Agreement.
The Parties shall follow the above steps until such time as Engineer determines that the Work has been satisfactorily completed in accordance with all terms and condition of this Agreement. Upon such determination, City shall order recordation of the Notice of Completion.
b. Acceptance. Thirty-five (35) days after the Notice of Completion is recorded (or in the event any lien claims are filed against the Project arising out of Contractor's activities hereunder, on such date Contractor has finally satisfied, discharged, or obtained a release of such claim), City shall accept Contractor's Work. c. Defective Work. Contractor shall repair, reconstruct, replace or otherwise make acceptable any and all Work found by Engineer to be defective or not in accordance with the Agreement. Final acceptance of the Work shall not constitute a waiver by City of any defective work subsequently discovered.
ARTICLE 50. RECORD (“AS BUILT”) DRAWINGS
a. Contractor shall prepare and maintain a complete set of record drawings (herein referred to as “as-builts”) and shall require each trade to prepare its own as-builts.
The as-builts must show the entire site for each major trade, including but not limited to water, sewer, electrical, data, telephone, cable, fire alarm, gas and plumbing. Contractor shall mark the as-builts to show the actual installation where the installation varies from the Work as originally shown. Contractor shall mark whichever drawings are most capable of showing conditions fully and where shop drawings are used, Contractor must record a cross-reference at the corresponding location on the contract drawings. Contractor shall give particular attention to concealed elements that would be difficult to measure and record at a later date. 55452.01510\32905704.2
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Contractor shall use colors to distinguish variations in separate categories of The Work.
b. Contractor shall note related change order, request for information, request for proposals, or Architect’s Supplemental Instructions where applicable. Contractor shall organize as-builts into manageable sets, bound with durable paper cover sheets and shall print suitable title, dates and other identification on the cover of each set. Contractor to also provide an electronic version of the as-builts in .pdf or other approved format. The suitability of the as-builts will be determined by the Engineer.
ARTICLE 51. RESOLUTION OF CONSTRUCTION CLAIMS
a. All public works claims between the Contractor and the City shall be resolved pursuant to the procedures set forth in Public Contract Code section 9204. All public works claims of $375,000 or less which arise between the Contractor and City shall be resolved in accordance with Public Contract Code sections 20104 et seq. and other applicable law, unless the City has elected to resolve the dispute pursuant to Public Contract Code Section 10240 et seq.
b. Contractor shall timely comply with all notices and requests for additional compensation and extensions of time, including but not limited to all requirements of Article 45, as a prerequisite to filing any claim governed by this Article. The failure to timely provide any notice or request required by the Contract Documents shall constitute a waiver of the right to these procedures. c. All Claims. All claims shall be submitted in writing and accompanied by substantiating documentation. Claims must be filed on or before the date of final payment unless other notice requirements are provided in the contract. "Claim" means a separate demand by the Contractor for (1) a time extension, including without limitation relief from damages or penalties for delay assessed by the City, (2) payment of money or damages arising from work done by or on behalf of the Contractor and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled, or (3) payment of an amount which is disputed by City.
d. All Claims. The Contractor will submit the claim justification in the following format:
1) Summary of claim merit and price, and Contract clause pursuant to which the claim is made.
2) List of documents relating to claim
(a) Specifications
(b) Drawings
(c) Clarifications (Requests for Information)
(d) Schedules
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(e) Other
3) Chronology of events and correspondence
4) Analysis of claim merit
5) Analysis of claim cost
6) Analysis of time impact analysis in CPM format
7) Cover letter and certification of validity of the claim e. City Response to Claim. Upon receipt of a Claim pursuant to this Article, the City shall conduct a reasonable review of the Claim and, within a period not to exceed 45 days of receipt of the claim, or as extended by mutual agreement, shall provide a written statement identifying what portion of the Claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the Claim will be processed and made within 60 days after the City issues its written response.
If the City needs approval from the City Council to provide Contractor a written statement as set forth above, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a Claim, the City shall have up to three (3) days following the next publicly noticed City Council meeting after the 45-day period, or extension, expires to provide Contractor a written statement identifying the disputed portion and the undisputed portion of the Claim.
The City may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have. If additional information is needed thereafter, it shall be provided upon mutual agreement of the City and the claimant. The City’s written response shall be submitted 30 days (15 days if the Claim is less than $50,000) after receiving the additional documentation, or within the same period of time taken by the claimant to produce the additional information, whichever is greater. f. Meet and Confer Conference. If the Contractor disputes City's response, or if City fails to respond within the statutory time period(s), the Contractor may so notify City within 15 days of the receipt of the response or the failure to respond, and demand an informal conference to meet and confer for settlement of those portions of the Claim that remain in dispute. Upon such demand, City shall schedule a meet and confer conference within 30 days.
g. Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion thereof remains in dispute, the City shall provide the Contractor with a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any portion of the claim that remains in dispute shall be submitted to nonbinding mediation. The selection of the mediator shall be in accordance with Public Contract Code section 9204, and the City and the Contractor shall equally share the associated mediator fees. Each party will be responsible for its own attorneys’ fees and other costs incurred due to the resolution of any Claim.
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h. Condition Precedent. Submission of a claim, properly certified, with all required supporting documentation, and written rejection or denial of all or part of the claim by City, is a condition precedent to any action, proceeding, litigation, suit, general conditions claim, or demand for arbitration by Contractor. i. Government Code Claim. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, construction claims and/or changed conditions, the Contractor must comply with the claim procedures set forth in Government Code section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
ARTICLE 52. CITY’S RIGHT TO TERMINATE CONTRACT
a. Termination for Cause. City may, without prejudice to any other right or remedy, serve written notice upon Contractor of its intention to terminate this Contract in whole or in part if the Contractor: (i) refuses or fails to prosecute The Work or any part thereof with such diligence as will ensure its completion within the time required; (ii) fails to complete The Work within the required time; (iii) should file a bankruptcy petition or be adjudged a bankrupt; (iv) should make a general assignment for the benefit of its creditors; (v) should have a receiver appointed; (vi) should persistently or repeatedly refuse or fail to supply enough properly skilled workers or proper materials to complete the work; (vii) should fail to make prompt payment to subcontractors or for material or labor; (viii) persistently disregard laws, ordinances, other requirements or instructions of City; or (ix) should violate any of the provisions of the Contract Documents.
The notice of intent to terminate shall contain the reasons for such intention to terminate. Unless within ten (10) Days after the service of such notice, such condition shall cease or satisfactory arrangements (acceptable to City) for the required correction are made, this Contract shall be terminated. In such case, Contractor shall not be entitled to receive any further payment until the Project has been finished. City may take over and complete The Work by any method it may deem appropriate. Contractor and its surety shall be liable to City for any excess costs or other damages incurred by City to complete the Project. If City takes over The Work, City may, without liability for so doing, take possession of and utilize in completing The Work such materials, appliances, plant, and other property belonging to the Contractor as may be on the Project site. b. Termination For Convenience. City may terminate performance of The Work in whole or, in part, if City determines that a termination is in City's interest.
The Contractor shall terminate all or any part of The Work upon delivery to the Contractor of a Notice of Termination specifying that the termination is for the convenience of City, the extent of termination, and the effective date of such termination. 55452.01510\32905704.2
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After receipt of Notice of Termination, and except as directed by City, the Contractor shall, regardless of any delay in determining or adjusting any amounts due under this Termination for Convenience clause, immediately proceed with the following obligations:
1) Stop Work as specified in the Notice.
2) Complete any Work specified in the Notice of Termination in a least cost/shortest time manner while still maintaining the quality called for under the Contract Documents.
3) Leave the property upon which the Contractor was working and upon which the facility (or facilities) forming the basis of the Contract Documents is situated in a safe and sanitary manner such that it does not pose any threat to the public health or safety.
4) Terminate all subcontracts to the extent that they relate to the portions of The Work terminated.
5) Place no further subcontracts or orders, except as necessary to complete the remaining portion of The Work.
6) Submit to City, within ten (10) Days from the effective date of the Notice of Termination, all of the documentation called for by the Contract Documents to substantiate all costs incurred by the Contractor for labor, materials and equipment through the Effective Date of the Notice of Termination. Any documentation substantiating costs incurred by the Contractor solely as a result of City's exercise of its right to terminate this Contract pursuant to this clause, which costs the Contractor is authorized under the Contract Documents to incur, shall: (i) be submitted to and received by City no later than thirty (30) Days after the Effective Date of the Notice of Termination; (ii) describe the costs incurred with particularity; and (iii) be conspicuously identified as "Termination Costs Occasioned by City's Termination for Convenience."
7) These provisions are in addition to and not in limitation of any other rights or remedies available to City.
c. Savings Clause. If City terminates Contractor for cause, and if it is later determined that the termination was wrongful, such default termination shall automatically be converted to and treated as a termination for convenience. In such event, Contractor shall be entitled to receive only the amounts payable under this section, and Contractor specifically waives any claim for any other amounts or damages, including, but not limited to, any claim for consequential damages or lost profits. d. Exception. Notwithstanding any other provision of this Article, when immediate action is necessary to protect life and safety or to reduce significant exposure or liability, City may immediately order Contractor to cease Work on the Project until such safety or liability issues are addressed to the satisfaction of City or the Contract is terminated.
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ARTICLE 53. WARRANTY AND GUARANTEE
a. Contractor warrants that all materials and equipment furnished under this Contract shall be new unless otherwise specified in the Contract Documents; and that all Work conforms to the Contract Document requirements and is free of any defect whether performed by the Contractor or any subcontractor or supplier. b. Unless otherwise stated, all warranty periods shall begin upon the filing of the Notice of Completion. Unless otherwise stated, the warranty period shall be for one year.
c. The Contractor shall remedy at its expense any damage to City-owned or controlled real or personal property.
d. City shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. The Contractor shall within ten (10) Days after being notified commence and perform with due diligence all necessary Work. If the Contractor fails to promptly remedy any defect, or damage; the City have the right to replace, repair, or otherwise remedy the defect, or damage at the Contractor’s expense.
e. In the event of any emergency constituting an immediate hazard to health, safety, property, or licensees, when caused by Work of the Contractor not in accordance with the Contract requirements, City may undertake at Contractor’s expense, and without prior notice, all Work necessary to correct such condition. f. With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for Work performed and Materials furnished under this Contract, the Contractor shall:
1) Obtain for City all warranties that would be given in normal commercial practice;
2) Require all warranties to be executed, in writing, for the benefit of City; and 3) Enforce all warranties for the benefit of City, unless otherwise directed in writing by City.
This Article shall not limit City’s rights under this Contract or with respect to latent defects, gross mistakes, or fraud. City specifically reserves all rights related to defective work, including but not limited to the defect claims pursuant to California Code of Civil Procedure Section 337.15.
ARTICLE 54. DOCUMENT RETENTION & EXAMINATION
a. In accordance with Government Code Section 8546.7, records of both City and the Contractor shall be subject to examination and audit by the State Auditor General for a period of three (3) years after final payment.
b. Contractor shall make available to City any of the Contractor’s other documents related to the Project immediately upon request of City. 55452.01510\32905704.2
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c. In addition to the State Auditor rights above, City shall have the right to examine and audit all books, estimates, records, contracts, documents, bid documents, subcontracts, and other data of the Contractor (including computations and projections) related to negotiating, pricing, or performing the modification in order to evaluate the accuracy and completeness of the cost or pricing data at no additional cost to City, for a period of four (4) years after final payment.
ARTICLE 55. SOILS INVESTIGATIONS
When a soils investigation report for the Project site is available, such report shall not be a part of the Contract Documents. Any information obtained from such report as to subsurface soil condition, or to elevations of existing grades or elevations of underlying rock, is approximate only and is not guaranteed. Contractor acknowledges that any soils investigation report (including any borings) was prepared for purposes of design only and Contractor is required to examine the site before submitting its bid and must make whatever tests it deems appropriate to determine the underground condition of the soil.
ARTICLE 56. SEPARATE CONTRACTS
a. City reserves the right to let other contracts in connection with this Work or on the Project site. Contractor shall permit other contractors reasonable access and storage of their materials and execution of their work and shall properly connect and coordinate its Work with theirs.
b. To ensure proper execution of its subsequent Work, Contractor shall immediately inspect work already in place and shall at once report to the Engineer any problems with the work in place or discrepancies with the Contract Documents. c. Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any other contracts that have been or may be awarded by City in prosecution of the Project to the end that Contractor may perform this Contract in the light of such other contracts, if any. Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy at site of the Project.
Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on the Project. If simultaneous execution of any contract for the Project is likely to cause interference with performance of some other contract or contracts, the Engineer shall decide which Contractor shall cease Work temporarily and which contractor shall continue or whether work can be coordinated so that contractors may proceed simultaneously. City shall not be responsible for any damages suffered or for extra costs incurred by Contractor resulting directly or indirectly from award, performance, or attempted performance of any other contract or contracts on the Project site.
ARTICLE 57. NOTICE AND SERVICE THEREOF
All notices shall be in writing and either served by personal delivery or mailed to the other party as designated in the Bid Forms. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to City shall be addressed to City as designated in the Notice Inviting Bids unless City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) Days after being sent by first class mail, whichever is earlier. 55452.01510\32905704.2
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Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.
ARTICLE 58. NOTICE OF THIRD PARTY CLAIMS
Pursuant to Public Contract Code Section 9201, City shall provide Contractor with timely notification of the receipt of any third-party claim relating to the Contract.
ARTICLE 59. STATE LICENSE BOARD NOTICE
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
ARTICLE 60. INTEGRATION
a. Oral Modifications Ineffective. No oral order, objection, direction, claim or notice by any party or person shall affect or modify any of the terms or obligations contained in the Contract Documents.
b. Contract Documents Represent Entire Contract. The Contract Documents represent the entire agreement of City and Contractor.
ARTICLE 61. ASSIGNMENT
Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of this Contract or any part thereof including any claims, without prior written consent of City. Any assignment without the written consent of City shall be void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or Material supplied for performance of Work called for under the Contract Documents in favor of all persons, firms, or corporations rendering such services or supplying such Materials to the extent that claims are filed pursuant to the Civil Code, the Code of Civil Procedure or the Government Code.
ARTICLE 62. CHANGE IN NAME AND NATURE OF CONTRACTOR’S LEGAL ENTITY Should a change be contemplated in the name or nature of the Contractor’s legal entity, the Contractor shall first notify City in order that proper steps may be taken to have the change reflected on the Contract.
ARTICLE 63. ASSIGNMENT OF ANTITRUST ACTIONS
Pursuant to Section 7103.5 of the Public Contract Code, in entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, Contractor or subcontractor offers and agrees to assign to City all rights, title, and interest in and to 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 the purchase of goods, services, or materials 55452.01510\32905704.2
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pursuant to this Contract or any subcontract. This assignment shall be made and become effective at the time City makes final payment to the Contractor, without further acknowledgment by the parties.
ARTICLE 64. PROHIBITED INTERESTS
No City official or representative who is authorized in such capacity and on behalf of City to negotiate, supervise, make, accept, or approve, or to take part in negotiating, supervising, making, accepting or approving any engineering, inspection, construction or material supply contract or any subcontract in connection with construction of the project, shall be or become directly or indirectly interested financially in the Contract.
ARTICLE 65. LAWS AND REGULATIONS
a. Contractor shall give all notices and comply with all federal, state and local laws, ordinances, rules and regulations bearing on conduct of work as indicated and specified by their terms. References to specific laws, rules or regulations in this Contract are for reference purposes only, and shall not limit or affect the applicability of provisions not specifically mentioned. If Contractor observes that drawings and specifications are at variance therewith, he shall promptly notify the Engineer in writing and any necessary changes shall be adjusted as provided for in this Contract for changes in work. If Contractor performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Engineer, he shall bear all costs arising therefrom. b. Contractor shall be responsible for familiarity with the Americans with Disabilities Act (“ADA”) (42 U.S.C. § 12101 et seq.). The Work will be performed in compliance with ADA regulations.
ARTICLE 66. PATENT FEES OR ROYALTIES
The Contractor shall include in its bid amount the patent fees or royalties on any patented article or process furnished or used in the Work. Contractor shall assume all liability and responsibility arising from the use of any patented, or allegedly patented, materials, equipment, devices or processes used in or incorporated with The Work, and shall defend, indemnify and hold harmless City, its officials, officers, agents, employees and representatives from and against any and all liabilities, demands, claims, damages, losses, costs and expenses, of whatsoever kind or nature, arising from such use.
ARTICLE 67. OWNERSHIP OF DRAWING
All Contract Documents furnished by City are City property. They are not to be used by Contractor or any subcontractor on other work nor shall Contractor claim any right to such documents. With exception of one complete set of Contract Documents, all documents shall be returned to City on request at completion of The Work.
ARTICLE 68. NOTICE OF TAXABLE POSSESSORY INTEREST
In accordance with Revenue and Taxation Code Section 107.6, the Contract Documents may create a possessory interest subject to personal property taxation for which Contractor will be responsible.
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END OF GENERAL CONDITIONS
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SPECIAL CONDITIONS
MARINE SAFETY HQ BUILDING CONCRETE REPAIRS
PROJECT NO.
Reference is hereby made to "STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION", latest edition, including all supplements thereto, are incorporated herein and made a part of the Specifications the same as though fully set forth hereunder. The following are additions and exceptions to the said Standard Specifications and all other provisions of the said Standard Specifications are to remain in effect.
PART 1 – GENERAL PROVISIONS
SCOPE AND CONTROL OF WORK
Section 2-6 Work to Be Done (add the following subsection) Section 2-6.1 General Description of Work
The Marine Safety Headquarters exterior surfaces have deteriorated due to the marine environmental effects and wave action on the ocean side of the building. The work to be performed, in general consists of sawcuting, removing weak concrete, drilling and installing epoxy anchored reinforcing, repairing mortar, etc. to necessary to complete the work on the Marine Safety Building’s exterior surfaces. The corrosion cracks and spalling shall be repaired by removing the weak material, cleaning the steel reinforcing, applying corrosion inhibitor to the reinforcing, applying a bonding agent to the concrete interface then patching the area with Polymer Modified Mortar per the Technical Specifications, Section 030100-Concrete Rehabilitation. The construction details for each concrete repair of the structural and nonstructural elements are given in Appendix 3.
The Contractor shall furnish all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract Documents for the proposed construction.
Material specifications listed in Appendix 4 shall be used for the concrete repair.
Background: The one story building is located on the beach just north of the San Clemente Pier and houses the lifeguard services. The building is subjected to severe marine exposure and direct wave splash during storms. The rectangular building is approximately 5,500 square feet. It is 128 feet long in the north – south direction and varies from 37 feet to 62 feet wide in the east – west direction. The Building has undergone various maintenance repair contracts to address concrete spalling due to corrosion. The available record drawings are included in Appendix 5 “for information only” purposes.
Section 2-6.2 Location of Work
The project site is located at San Clemente Pier, 622 Avenida Del Mar, in the City of San Clemente, CA adjacent to the Pacific Ocean.
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CHANGES IN WORK
Section 3-3.2.3 Markup (substitute with the following changes) (a) Work by Contractor. The following percentage shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profits:
Labor 20%
Materials 15%
Equipment Rental 15%
Other Items and Expenditures 15%
To the sum of the costs and markups provided for in this subsection, 1 percent shall be added as compensation for bonding.
(b) Work by Subcontractor. When all or any part of the extra work is performed by a Subcontractor, the markup established in Subsection 3-3.2.3(a) shall be applied to the Subcontractor’s actual cost of such work, to which a markup of 10 percent on the first $2000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $2000 of the subcontracted portion of the extra work may be added by the Contractor.
PROSECUTION, PROGRESS, AND ACCEPTANCE OF WORK
Section 6-2 Prosecution of Work (add the following to the end of the second paragraph) All outstanding cleanup, restoration activities, and construction correction items shall be addressed within two (2) weeks of Project completion.
Section 6-7 Time of Completion (add to the following subsection) Section 6-7.1 General
The Contractor shall complete the Work within 30 working days.
PERMITS
Section 7-5 of Standard Specifications (add the following subsection) Waste Management Plan:
The Contractor will be required to complete a Waste Management Plan for the entire project. The Contractor shall pay to the City a non-refundable administrative fee of $150.00 for processing the Applicant's Waste Management Plan. In addition, a refundable Construction and Demolition Performance Security Deposit of $1,000. The fee and deposit shall be paid to the City of San Clemente Building Dept. before a Notice to Proceed will be issued for the project. The Contractor shall follow the requirements as outlined in Appendix "2" of these Specifications. The Contractor shall submit the required documentation to the City of San Clemente Environmental Services Coordinator at the conclusion of the project. An option to completing the City's WMP described 55452.01510\32905704.2
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above to rent a CR&R bin for recycling material. If you have any questions, please call (949) 498- 9436.
Payment
Payment shall be per the lump sum unit price bid for "Waste Management Plan".
Metrolink/SCRRA:
No need for a railroad right-of-way encroachment permit since this work is considered as part of the maintenance activity. The proposed repair activity is not resulting in an addition to or enlargement or expansion of the object of such activities and not involving any risk of substantial adverse environmental impact.
The Contractor is not permitted to enter or impose upon the Railroad right-of-way at any time and must contain all construction activities within the fenced overpass enclosure when working over the railroad right-of-way.
Coastal Development Commission Permit:
The City obtained a permit from California Coastal Commission for this repair.
PROJECT SITE MAINTENANCE
Section 7-8 of Standard Specifications (add the following) Storage of Materials, Mechanized Equipment and Removal of Construction Debris The Contractor shall comply with the following construction-related requirements:
(a) No demolition or construction materials, debris, or waste shall be placed or stored where it may enter sensitive habitat, receiving waters or a storm drain, or be subject to wave, wind, rain, or tidal erosion and dispersion. (b) No demolition or construction equipment, materials, or activity shall be placed in or occur in any location that would result in impacts to environmentally sensitive habitat areas, streams, wetlands or their buffers.
(c) Demolition construction debris and loose materials shall be removed from work areas each day that demolition or construction occurs to reduce the risk of public trip hazard or material entering the railroad right of way or coastal waters. (d) Water required for saw-cutting or pressure washing shall be contained and vacuumed up to prevent it from flowing onto the public access side of the barricade where it would be an immediate slip hazard. Waste water shall be contained and collected before it can flow onto the beach, storm water system or railroad rightof-way. 55452.01510\32905704.2
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(e) All trash and debris shall be disposed in the proper trash and recycling receptacles at the end of every construction day.
(f) The Contractor shall provide adequate disposal facilities for solid waste, including, excess concrete, produced during demolition or construction. (g) Debris shall be disposed of at a legal disposal site or recycled at a recycling facility.
If the disposal site is located in the coastal zone, a coastal development permit shall be required before disposal can take place unless the Executive Director of the California Coastal Commission determines that no permit is legally required. (h) All stock piles and construction materials shall be covered with a plastic sheeting material that will keep it dry and prevent dispersal of the stock pile and construction materials, enclosed on all sides, and shall be located as far away as possible from drain inlets and any waterway, and shall not be stored in contact with the soil. (i) Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff and contaminants. Thinners or solvents shall not be discharged into sanitary or storm sewer systems. (j) The discharge of any hazardous materials into any receiving waters shall be prohibited.
(k) Spill prevention and control measures shall be implemented to ensure the proper handling and storage of petroleum products and other construction materials.
Measures shall include a designated fueling and vehicle maintenance area with appropriate berms and protection to prevent any spillage of gasoline or related petroleum products or contact with runoff. The area shall be located as far away from the receiving waters and storm drain inlets as possible. (l) Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) designed to prevent spillage and/or runoff of demolition or construction-related materials, and to contain sediment or contaminants associated with demolition or construction activity, shall be implemented prior to the on-set of such activity. (m) All BMPs shall be maintained in a functional condition throughout the duration of construction activity.
Dust Control
Dust control throughout the project duration will be required by the City, including daily sweeping of the sidewalks near the bridge entrances and the public access side of the barricade after demolition is complete each day. Washing down sidewalks and pavement is not allowed to control dust unless that wash water is contained and vacuum collected. If concrete demolition dust is allowed to collect on the public access pavement, the wet feet of beachgoers and or marine environment will quickly turn this into a slurry paste causing public complaint. 55452.01510\32905704.2
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Contractor shall inspect and maintain all BMP’s on a daily basis. The City may require a daily log by the Contractor indicating who performed the BMP inspection and what maintenance was performed.
Failure of the Contractor to comply with a City correction notice may result in an order to suspend work until the condition is corrected. No additional compensation, time nor payment, will be allowed as a result of such a suspension.
Any fines levied by the State Water Resources Control Board, City, Railroad other entity having authority to do so, as a result of the Work not complying with the BMP’s shall become the responsibility of the Contractor. The amount of the fine may be deducted from monies due the Contractor, at the discretion of the City, until the fine is paid or otherwise resolved.
Miscellaneous
Disposal of all refuse, excess materials and all other substances, shall be in compliance with all City, County, State and Federal rules, regulations and laws.
A clean portable sanitation facility shall be provided for use by the Contractor’s crews and the City staff.
Payment
Full compensation for Project Site Maintenance, unless separately designated, shall be included in unit prices bid for various items of work involved.
PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
Section 7-9 of Standard Specifications (add the following subsection) Restoration of Private Property
The Contractor shall repair and restore all improvements, structures, property, vegetation, utilities and facilities disturbed, disconnected or damaged as a result or consequence of the Contractor’s work or the operations of those for whom the Contractor is responsible or liable, including that caused by trespass with or without the Contractor’s knowledge or consent, or by the transporting of workers, materials or equipment to or from the work site.
Damage caused by trespass or the transport of workers, materials, or equipment shall be repaired immediately by means and methods as approved by the Engineer.
Damage resulting from the Contractor’s work shall be repaired immediately upon completion of said work. The Contractor shall submit construction details to the Engineer for approval prior to commencing any restoration necessitated by the Contractor’s work.
All restoration work shall be completed to the satisfaction of the Engineer and the appropriate property owners.
Full compensation for Protection and Restoration of Existing Improvements shall be included in unit prices bid for various items of work involved.
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PUBLIC CONVENIENCE AND SAFETY
Section 7-10.1 of Standard Specifications (add the following subsection) Laydown/storage areas shall be located within the limits of areas designated for such purpose by the City.
Section 7-10.4 of Standard Specifications (add the following subsection) The Contractor shall carry out his operations in strict accordance with all applicable safety regulations and standards.
MOBILIZATION
Section 9-3.4 of Standard Specifications (add the following subsection) Mobilization shall conform to the provisions stated in the General Provisions and herein.
The Contractor’s Jobsite Superintendent shall maintain a working mobile cellular telephone at Contractor’s expense.
Payment
Payment shall be per the lump sum unit price bid for “Mobilization” and shall be considered full compensation for providing bonds, insurance, permits, and licenses as required, initial move-in, furnishing all labor, materials, equipment and incidentals necessary to perform the items of work, and subsequent move-out costs, and all preparatory work and operations for which no separate bid item is provided in the proposal. Progress payments for this item shall be paid to the Contractor in accordance with the completion percentage of the project, and shall include the cost of such mobilization and administration for the entire contract period. No additional compensation will be allowed for furnishing labor, materials, equipment, rental of necessary storage sites for storage of equipment, and incidentals necessary to perform the items of work.
END OF SPECIAL CONDITIONS
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SECTION 00800
Technical Specifications
MARINE SAFETY HQ BUILDING CONCRETE REPAIRS
PROJECT NO.
TABLE OF CONTENTS
Description Page
030100 Concrete Rehabilitation……………………………………………………… 90
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91 SECTION 030100
CONCRETE REHABILITATION
SECTION 030100
CONCRETE REHABILITATION
PART 1 – GENERAL
Section intended for the epoxy mortar rehabilitation of existing concrete bridge decks and stairway surfaces.
1.1 REFERENCES
The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.
ASTM International (ASTM)
ASTM C117 (2013) Standard Test Method for materials
Finer than 75-um (No. 200) Sieve in
Mineral Aggregates by Washing
ASTM C136/C136M (2014) Standard Test Method for Sieve
Analysis of Fine and Coarse Aggregates
ASTM C144 (2011) Standard Specification for
Aggregate for Masonry Mortar
ASTM C31/C31M (2012) Standard Practice for Making and
Curing Concrete Test Specimens in the Field
ASTM C33/C33M (2013) Standard Specification for Concrete Aggregates
ASTM C39/C39M (2013a) Standard Test Method for
Compressive Strength of Cylindrical
Concrete Specimens
ASTM C881/C881M (2014) Standard Specification for
Epoxy-Resin-Base Bonding Systems for Concrete
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1.2 SUBMITTALS
If a specified product is no longer available, or the Contractor desires to use a product he believes will result in a higher quality of performance at no additional cost to the City, he may submit such alternative materials for review and consideration by the Engineer.
Alternatives materials must be approved prior to mobilization since no time extension will be granted for alternative consideration after mobilization. Approval is at the sole discretion of the City.
1.2.1 Design Data.
For alternative materials, submit manufactures product data indicating suitability for the repair application, the material properties, and Manufacturer’s Instructions for the surface preparation, mixing, pot life, application and curing of the repair materials. The City may request additional information.
1.3 DELIVERY, STORAGE, AND HANDLING
Inspect materials delivered to site for damage, unload and store with a minimum of handling. Deliver epoxy resin components and aggregate materials in original sealed containers and store in dry covered areas at temperatures below 90 degrees F. Remove from job site unused mixed materials which have reached end of working or pot life.
1.4 EQUIPMENT
Use container recommended by the epoxy manufacturer as the mixing vessel. Use a power drive (air or spark proof) propeller type blade for mixing except that hand mixing may be used for small batches. Use equipment specified by epoxy manufacturer for field mixing of aggregates and epoxy resin.
PART 2 – PRODUCTS
2.1 MATERIALS
2.1.1 Polymer Modified Mortar
Sika Top 123 Plus - two component polymer modified cementitious, non-sag mortar plus FerroGard 901 penetrating corrosion inhibitor manufactured by Sika or Engineer approved equal.
2.1.2 Bonding Agent for Polymer Mortar to concrete and non-corroded reinforcing Sikadur 32 Hi-Mod LPL – high modulus, high strength, extended pot life, epoxy 55452.01510\32905704.2
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bonding/grouting adhesive.
2.1.3 Bonding Agent for Polymer Mortar to reinforcing which exhibits corrosion prior to cleaning.
Sika Armatec 110 EpoCem – bonding agent and reinforcement protection.
PART 3– EXECUTION
3.1 PREPARATION
3.1.1 Saw-cutting
Sawcut the perimeter of each repair area, 1” deep unless details specify other, to avoid feathering of the repair material. Contain and collect the concrete debris produced from the saw-cutting to avoid hazards to the public who walk barefoot in the immediate vicinity of these repairs and to control pollution as required by the BMP’s.
3.2 REPAIR PROCEEDURE
Follow the Repair Instructions on the plans and in the product manufactures recommendations for the preparation and repair areas. When in conflict the Repair Instructions shall govern.
3.3 MIXING MATERIALS
Make batches small enough to ensure placement before binder sets. Mix materials in accordance with manufacturer’s recommendations.
3.4 PLACEMENT
Place material per the manufacture’s instructions for each repair product.
3.5 CURING
Cure materials in accordance with the Repair Instruction and manufacturer’s recommendations. Maintain moisture for 7 days if wet cure methods are used.
3.6 FIELD QUALITY CONTROL
3.6.1 Special Inspection
The completed preparation of the demolition interface shall be inspected by the City’s appointed representative for each area prior to the application of epoxy binder. Confirm the interface is clean, rough aggregate is exposed, and there is no loose material or 55452.01510\32905704.2
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standing water. Provide “Continuous Inspection” during the application of the epoxy binder, mixing and placement of the polymer mortar. Testing Cylinders are not required for the project but if the Inspector is suspect that the repair material is being mixed improperly or placed beyond its useful pot-life, he shall immediately notify the Contractor of the suspect conditions. If the Contractor proceeds to place suspect material, the Inspector shall take (3) 2 ½” or 3” diameter cylinders of the material for future lab testing and the Contractor shall fully cooperate with the Inspectors in his effort to collect representative samples. If insufficient material exists for (3) test cylinders, the Inspector shall take the number of cylinders possible. All suspect material locations shall be dimensionally described in the Inspection Report incase defective material requires removal. If the material is found defective the Contractor shall pay for both the lab testing and removal/replacement of the defective material.
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95 APPENDIX 1
INSURANCE REQUIREMENTS
APPENDIX 1
INSURANCE REQUIREMENTS
1. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY INSURANCE Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor ’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.
Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officials, officers, employees, agents, and volunteers. Company or companies providing insurance coverage shall be acceptable to City, if in the form and coverage as set forth in the Contract Documents.
2. COMMERCIAL GENERAL LIABILITY INSURANCE
a. Contractor shall procure and maintain during the life of this Contract and for such other period as may be required herein, at its sole expense, occurrence form Commercial General Liability insurance coverage, at least as broad as the most current ISO CGL Form 00 01 including but not limited to, premises liability, contractual liability, products/completed operations if applicable, personal and advertising injury which may arise from or out of Contractor’s operations, use, and management of the Project site, or the performance of its obligations hereunder.
Policy limits shall not be less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury and property damage, including without limitation, blanket contractual liability, and a $2,000,000 completed operations aggregate. Defense costs shall be paid in addition to the limits. b. Such policy shall comply with all the requirements of this Article. The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Contractor from liability in excess of such coverage, nor shall it limit Contractor’s indemnification obligations to City, and shall not preclude City from taking such other actions available to City under other provisions of the Contract Documents or law.
c. Contractor shall make certain that any and all subcontractors hired by Contractor are insured in accordance with this Contract. If any subcontractor’s coverage does not comply with the foregoing provisions, Contractor shall indemnify and hold City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by City as a result thereof.
d. All general liability policies provided pursuant to the provisions of this Article shall comply with the provisions of the Contract Documents.
e. All general liability policies shall be written to apply to all bodily injury, including death, property damage, personal injury, owned and non-owned equipment, 55452.01510\32905704.2
96 SECTION 030100
CONCRETE REHABILITATION
blanket contractual liability, completed operations liability, explosion, collapse, under-ground excavation, removal of lateral support, and other covered loss, however occasioned, occurring during the policy term, and shall specifically insure the performance by Contractor of that part of the indemnification contained in these General Conditions, relating to liability for injury to or death of persons and damage to property. If the coverage contains one or more aggregate limits, a minimum of 50% of any such aggregate limit must remain available at all times; if over 50% of any aggregate limit has been paid or reserved, City may require additional coverage to be purchased by Contractor to restore the required limits. Any umbrella policy shall “follow form” to the underlying primary policies.
3. AUTOMOBILE LIABILITY INSURANCE
Contractor shall take out and maintain at all times during the term of this Contract Automobile Liability Insurance at least as broad as ISO CA 00 01 (Any Auto) covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under these Contract Documents, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Such insurance shall be provided in a form and with insurance companies acceptable to City and comply with the provisions of Section 7 below.
4. CONTRACTORS POLLUTION LIABILITY. CONTRACTORS POLLUTION LIABILITY
INSURANCE COVERING ALL OF THE CONTRACTOR'S OPERATIONS TO INCLUDE
ONSITE AND OFFSITE COVERAGE FOR BODILY INJURY (INCLUDING DEATH AND
MENTAL ANGUISH), PROPERTY DAMAGE, DEFENSE COSTS AND CLEANUP COSTS WITH LIMITS NOT LESS THAN $2,000,000 PER LOSS AND $4,000,000 TOTAL ALL LOSSES.
THE POLICY SHALL CONTAIN NO ENDORSEMENTS OR PROVISIONS LIMITING
CONTRACTUAL LIABILITY OR COVERAGE FOR CROSS LIABILITY OF CLAIMS OR SUITS BY ONE INSURED AGAINST ANOTHER. IF COVERAGE IS WRITTEN ON A CLAIMS-MADE
BASIS, THE RETROACTIVE DATE SHALL PRECEDE THE EFFECTIVE DATE OF THE
INITIAL CONTRACT AND CONTINUOUS COVERAGE WILL BE MAINTAINED OR AN
EXTENDED REPORTING PERIOD WILL BE EXERCISED FOR A PERIOD OF AT LEAST THREE (3) YEARS FROM TERMINATION OR EXPIRATION OF THIS CONTRACT.
5. UMBRELLA INSURANCE.
Contractor shall obtain and maintain an umbrella insurance policy with limits of not less than $4,000,000 that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and automobile liability. Such policy or policies shall include the following terms and conditions:
a. A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
b. Pay on behalf of wording as opposed to reimbursement; c. Concurrency of effective dates with primary policies; and d. Policies shall “follow form” to the underlying primary policies. 55452.01510\32905704.2
97 SECTION 030100
CONCRETE REHABILITATION
e. Insureds under primary policies shall also be insureds under the umbrella or excess policies.
6. FORM AND PROOF OF CARRIAGE OF INSURANCE
a. Any insurance carrier providing insurance coverage required by the Contract Documents shall be authorized to do business in the State of California unless waived, in writing, by City’s Risk Manager. Carrier(s) shall have an A.M. Best rating of not less than an A- VII.
b. Insurance deductibles or self-insured retentions greater than $5,000 must be declared by the Contractor, and such deductibles and retentions shall have the prior written consent from City. At the election of City the Contractor shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.
c. Contractor shall cause its insurance carrier(s) to furnish City with either 1) a properly executed original Certificates(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein, or 2) if requested to do so in writing by City’s Risk Manager, provide original Certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. All required policies of Commercial General Liability insurance shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds. For all policies of Commercial General Liability insurance, Contractor shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 01 01 (or endorsements providing the exact same coverage) to effectuate this requirement. Further, all policies of insurance shall contain or shall be endorsed to contain the covenant of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be given to City prior to any material modification or cancellation of such insurance. d. In the event of a material modification or cancellation of coverage, City may terminate or Stop Work pursuant to the Contract Documents, unless City receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages set forth herein and the insurance required herein is in full force and effect. Contractor shall not take possession, or use the Project site, or commence operations under these Contract Documents until City has been furnished original Certificate(s) of Insurance and certified original copies of Endorsements or policies of insurance including all Endorsements and any and all other attachments as required in this Section. The original Endorsements for each policy and the Certificate of Insurance shall be signed by an individual authorized by the insurance carrier to do so on its behalf.
e. All required insurance coverages shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery 55452.01510\32905704.2
98 SECTION 030100
CONCRETE REHABILITATION
prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its Subcontractors. Contractor shall indemnify and hold City harmless from any damage, loss, cost, or expense, including attorneys’ fees, incurred by City from Contractor’s failure to ensure its Subcontractors waive right of recovery against City.
f. It is understood and agreed to by the parties hereto and the insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary, and City’s insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory. The Contractor shall provide endorsement(s) to this effect at the City’s request. g. City reserves the right to adjust the monetary limits of insurance coverage’s during the term of this Contract including any extension thereof-if in City’s reasonable judgment, the amount or type of insurance carried by the Contractor becomes inadequate.
h. In the event any policy of insurance required by the Contract Documents does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract, effective upon notice.
i. Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposed no additional obligation on the City nor does it waive any rights hereunder. j. Requirements not limiting. Requirements of specific coverage or limits are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City 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.
k. Contractor shall be responsible for causing all Subcontractors of any tier working under this Contract to purchase insurance meeting the requirements contained herein, including adding the City its officials, officers, employees, agents and volunteers as Additional Insureds to the subcontractor’s policies. All policies of Commercial General Liability insurance provided by Subcontractors shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO GC 20 38 04 13 (or an endorsement providing the exact same coverage) to effectuate this requirement.
Contractor shall not allow any Subcontractor to commence work relating to these 55452.01510\32905704.2
99 SECTION 030100
CONCRETE REHABILITATION
Contract Documents until it has received satisfactory evidence of Subcontractor’s compliance with all insurance requirements under this Contract. The Contractor shall provide satisfactory evidence of compliance with this section upon request of the City.
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100
City of San Clemente/Environmental Programs
910 Calle Negocio, Suite 100
San Clemente, CA 92673
Phone (949) 498-9436 / Fax (949) 361-8316
CR&R (877) 728-0446
City of San Clemente Building Permit Applicants
Construction & Demolition Debris Recycling Requirements San Clemente Municipal Code 8.69, Ordinance #1286
To obtain a Building Permit for covered construction and demolition (C&D) projects, Applicants are required to have one of the following:
x An approved Waste Management Plan (WMP)
or
x Elect to use a C&D recycling bin provided by the City’s franchise waste hauler.
Applicants can choose to use the City’s franchise waste hauler and can arrange for service by contacting CR&R at (877) 728-0446 and requesting a C&D bin for their project.
Covered Projects
All construction, demolition, and renovation projects within the City removing recyclable material shall be considered “Covered Projects.”
The WMP documents how Applicants will meet the City's State mandated goal of reducing the quantity of C&D debris disposed of at landfills by 75% or greater.
All forms are available at permit application and must be completed, submitted and approved prior to permit issuance.
Building Permits will not be issued without an approved WMP or CR&R work order.
DO NOT LANDFILL CONSTRUCTION DEBRIS
Local Landfill Does Not Recycle Construction Debris
(Please note the local Prima Deshecha landfill is NOT a recycling center, please do not list it as your recycling center) A Recycling Summary Report (RSR) must be submitted upon completion of construction. The RSR indicates actual recycling activities and documents compliance with Municipal Code 8.69.
Failure to submit a RSR within 60 days of completing the project can result in forfeiture of your security deposit.
Have questions? Please contact the Environmental Programs at (949) 498-9436. WMP forms may be picked up at Building Department.
City of San Clemente Page 2
What You Need To Do
There are 3 steps to comply with the City's C&D Debris WMP Requirements. (If you elect to use CR&R you only need to contact CR&R and request a C&D bin for your project). x Step 1 - Complete and submit a WMP with your Building Permit application along with the applicable fees. See the attached WMP Fee Schedule to determine the required fee. x Step 2 - During construction/demolition, gather supporting data for your RSR x Step 3 - Submit a completed RSR within 60 days of project completion Construction & Demolition Debris Facilities flyers are available to help you identify facilities that will accept your construction and demolition debris for recycling. For other assistance and questions about filling out forms, call the Environmental Programs at (949) 498-9436.
The WMP is part of your building permit application and is your plan for reusing, diverting, and/or recycling 75% or greater of all construction and demolition debris from your project.
Note: Quantities must be listed in tons to meet City and State mandated reporting requirements. To convert volume (e.g., cubic yards, square feet, etc.) to tons, use the Materials Conversion Worksheet provided.
To avoid delays in obtaining your Building Permit:
x Submit your completed WMP with your permit application. x Allow 3-5 business days for WMP processing.
x Remember that your Building Permit application is deemed incomplete without an approved WMP. Building Permits will not be issued prior to WMP approval.
Step 1 - Complete and Submit a WMP
If your submitted WMP indicates that less than 75% of the C&D debris will be reused or recycled, you may need to provide additional information (in writing) explaining why the 75% requirement cannot be met. For example, written verification of hazardous materials contamination is required if stated as the reason for not meeting the City's waste reduction and recycling requirements.
Where to Submit Forms: Submit completed WMP at the Building Permit Counter, 910 Calle Negocio. Keep a copy for your records.
Who Should Fill Out the WMP: The Applicant (e.g., architect, contractor, owner, etc.) is ultimately responsible for submitting a completed WMP with their Building Permit application.
The WMP can be filled out by whoever is knowledgeable about the types and quantities of debris that will be generated from the project. If you need help, ask the contractor, subcontractor, or estimator for assistance.
Subcontractor Participation: If subcontractors are required to remove debris from the job site, they can play a key role in helping you meet the City's recycling requirements. Inform subcontractors of your waste reduction and recycling program and what is required of them early in City of San Clemente Page 3
the project. The applicant must provide documentation for any materials subcontractors are hauling.
Documentation must include types, quantities, weights and destination of materials. It must also specify amount salvaged and/or recycled. We strongly recommend including specifications or other language for recycling and/or reuse in your contracts. Informing your sub-contractors of your requirements up front helps eliminate confusion later.
Review Process: The WMP Form will be reviewed to ensure that it is complete and accurate. City staff will review the WMP to determine if the applicant's estimates for quantities of materials generated and overall plan for reducing waste by 75% or greater are realistic.
If the WMP is not acceptable (e.g., the form is incomplete, the calculations are unrealistic, etc.) the applicant will be contacted and advised of needed changes. A HOLD WILL BE PLACED ON ISSUANCE OF THE PERMIT once the applicant has been notified by phone or fax of necessary revisions. The hold remains effective until the identified issue(s) has been addressed and the WMP is approved. The review process for a properly completed WMP is 3 to 5 business days.
Step 2 - Gather Data for Your RSR
After your Building Permit is issued and you are ready to begin work, you will need to begin recording information for your RSR. Unlike the WMP, which is an estimate, the RSR documents your actual tonnages. You are required to keep all weight tags, gate receipts, and/or invoices necessary to document actual quantities of materials generated, reused, recycled, and/or disposed of throughout the project, as well as facilities or service providers used.
It is your responsibility to obtain written receipts from subcontractors and other parties removing debris from your site. Notify subcontractors/hauler(s) of this requirement before work begins.
Important: The City may review weight tags or other related documents at any point in the project.
Step 3 - Complete and Submit Your RSR
A completed RSR must be submitted to the City within 60 days of completion. The RSR is similar to the WMP, except that it indicates actual quantities and destinations of materials rather than estimates. Quantities must be verifiable, based on weight tags or other sufficient documents. If less than 75% of the C&D debris from the project was diverted from landfill disposal, you must submit documentation with your RSR demonstrating that a "good faith" effort was made to achieve the 75% waste reduction goal. Documentation must specify, in detail, the reasons why you could not meet the City's requirement.
Due Date: RSR’s are due within 60 days of completion. They must be submitted to the Environmental Programs at 910 Calle Negocio, San Clemente, 92673. Be sure to keep a copy for your records.
Review Process: The RSR will be reviewed to determine if the applicant met or exceeded the goals for reuse and recycling stated in their WMP.
City of San Clemente Page 4
Rules for Transporting C&D Debris
Q. Who can transport construction and demolition debris in the City of San Clemente? A. It is unlawful for any person other than the City's licensed franchised solid waste collector to collect or haul any solid waste or construction and demolition debris within the City except:
i) Solid waste otherwise within the scope of the Franchise which is transported to an appropriate disposal facility by a resident of the premises upon which the solid waste was generated (includes any contractor of such resident that owns their own dumpster and is on-site throughout the job and is the generator of the debris); ii) Waste material otherwise within the scope of the Franchise which is transported to an appropriate disposal facility by an officer or full time, permanent employee of the commercial, construction or industrial enterprise that generated the waste (includes any contractor of such resident that owns their own dumpster and is on-site throughout the job and is the generator of the debris);
iii) The sale or donation of Recyclable Material or compostable material other than to contractor; provided, however, to the extent permitted by law, a reduction or discount in price for the collection, transportation or processing of such materials shall not be considered a sale or donation;
iv) Waste material or Recyclable Material otherwise within the scope of the Franchise which is collected or transported to a disposal or recycling facility by City employees in the course and scope of their employment with the City;
v) The collection, transportation or disposal of hazardous, bio-hazardous, untreated medical waste, or infectious waste which is transported to an appropriate disposal facility by any person or entity properly licensed and/or certified to collect, transport and dispose of such materials; vi) The collection, transportation, and disposal of clippings, cuttings, yard waste and related solid waste by a gardener, or landscaper, as part of the gardening or landscaping services they provide, provided that such waste is taken to a legal place of composting, diversion, or disposal.
City of San Clemente Page 5
Waste Management Plan (WMP) Fee Schedule
Performance Security Deposit and Administrative Fees
C&D Recycling Performance Security Deposit.
The Applicant for any Covered Project shall submit with the Waste Management Plan a refundable C&D Performance Security Deposit. The amount of the C&D Performance Security Deposit shall be as follows:
A. For each application for a building permit for re-roofing with tear-off of the existing roof, a loft remodel and/or projects with dirt removal, the C&D Performance Security Deposit shall be $250.
B. For each application for a building permit for a Renovation consisting of alteration, remodel, or modification (except for additions, which are addressed in paragraph C below) of a residential or commercial structure, the C&D Performance Security Deposit shall be $500.00.
C. For each application for a building permit for a Renovation that consists of an addition to an existing residential or commercial structure, the C&D Performance Security Deposit shall be $750.00.
D. For each application for a building permit for new Construction of a residential or commercial structure, the C&D Performance Security Deposit shall be $1,000.
E. For each application for a building permit for the Demolition of a residential or commercial structure, the C&D Performance Security Deposit shall be $1,000.
F. For each application for a City-sponsored Project, regardless of size, the C&D Performance Security Deposit shall be $1,000.00.
Note: Failure to submit your Recycling Summary Report within 60 days of project completion will result in forfeiting your security deposit.
Administrative Fee.
Prior to the City's issuance of any permit for a Covered Project, the Applicant shall pay to the City a $60.00 non-refundable fee for processing the Applicant's Waste Management Plan.
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City of San Clemente/Environmental Programs
380 Ave. Pico, #N
San Clemente, CA 92672
Phone (949) 498-9436 / Fax (949) 361-8234
[email protected]
CR&R, Inc. (877) 728-0446
DO NOT LANDFILL CONSTRUCTION DEBRIS
Local Landfill Does Not Recycle Construction Debris
Waste Management Plan (WMP)
Complete and submit the following information with each application for a building permit.
Owner Name Owner Phone No.
Owner Address
Contractor Name Contractor Phone No.
Contractor Address
Project Address
Description of Project
Anticipated materials removed from project
Estimated volume or weight of each material type
Estimated volume or weight of material that can feasibly be recycled or reused Location where material will be recycled
(Please note the local Prima Deshecha landfill is NOT a recycling center, please do not list it as your recycling center) Please do not landfill construction debris
most materials are recyclable but if it’s not
a recyclable, name of landfilled used
I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining and or providing information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and or imprisonment.
SIGNED: DATE:
Contractor
Property Owner
Once the project is finaled, please complete the Recycling Summary and submit with your recycling trip tickets to Environmental Programs at 380 Ave. Pico, #N San Clemente, CA 92672 or fax to (949) 361-8234. Failure to submit your Recycling Summary Report within 60 days of project completion will result in forfeiting your deposit.
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Product Data Sheet
SikaTop®-123 Plus
November 2020, Version 01.03
020302040070000022
PRODUCT DATA SHEET
SikaTop®-123 Plus
Two-component, polymer-modified, cementitious, non-sag mortar plus Sika FerroGard® 901 penetrating corrosion inhibitor
PRODUCT DESCRIPTION
SikaTop®-123 Plus is a two-component, polymermodified, Portland cement-based, fast-setting, non-sag mortar. It is a high performance repair mortar for
vertical and overhead surfaces and offers the additional benefit of Sika FerroGard® 901, a penetrating corrosion inhibitor included in its formulation.
USES
On grade, above and below grade on concrete and
mortar.
▪
▪ On vertical and overhead surfaces.
As a structural repair material for parking structures, industrial plants, walkways, bridges, tunnels, dams and ramps.
▪
▪ Approved for repairs over cathodic protection systems
CHARACTERISTICS / ADVANTAGES
Extremely low shrinkage proven by four industry
standard test methods.
▪
▪ High compressive and flexural strengths.
Increased freeze/thaw durability and resistance to
deicing salts.
▪
Increased density - improved carbon dioxide resistance
(carbonation) without adversely affecting water vapor
transmission (not a vapor barrier).
▪
Enhanced with Sika FerroGard® 901, a penetrating
corrosion inhibitor - reduces corrosion even in the
adjacent concrete.
▪
Compatible with coefficient of thermal expansion of
concrete - Passes ASTM C 884.
▪
APPROVALS / STANDARDS
▪ USDA certifiable for incidental food contact
ANSI/NSF Standard 61 potable water approved
compliant.
▪
Tested per ICRI Guidline NO. 320.3R for inorganic
repair material data sheet protocol
▪
PRODUCT INFORMATION
Packaging Component A 1 gal (3.68 L) jug - 4/carton
Component B 44 lb. (20 kg) bag
Appearance / Color Gray powder
Shelf Life 12 months from date of production if stored properly in original, unopened and undamaged sealed packaging
Storage Conditions Store dry at 40–95 °F (4–35 °C).
1 / 6
Protect Component ‘B’ from moisture. If damp, discard material Protect Component ‘A’ from freezing. If frozen, discard.
Product Data Sheet
SikaTop®-123 Plus
November 2020, Version 01.03
020302040070000022
2 / 6
TECHNICAL INFORMATION
Compressive Strength 1 day 3,000 psi (20.7 MPa)
7 days 4,000 psi (27.6 MPa)
28 days 6,000 psi (41.4 MPa)
(ASTM C-109)
73 °F (23 °C)
50 % R.H.
Modulus of Elasticity in Compression 2.94 x 106 psi (ASTM C-469) Flexural Strength 28 days 1,500 psi (10.3 MPa) (ASTM C-293) 73 °F (23 °C)
50 % R.H.
Splitting tensile strength 28 days 900 psi (6.2 MPa) (ASTM C-496) 73 °F (23 °C)
50 % R.H.
Tensile Adhesion Strength 28 days 2,000 psi (13.8 MPa) (ASTM C-882 modified)
* Mortar scrubbed into substrate at 73 °F (23 °C) and 50 % R.H.
Pull-Out Resistance 28 days 500 psi (3.4 MPa)
Substrate failure
(ASTM C-1583)
Shrinkage 28 days 1x1x11-1/4’’
specimen
0.05 %
28 days 3x3x11-1/4’’
specimen
0.038 %
(ASTM C-157,
mod. ICRI 320.3R)
Ring test > 70 days
Average Max Strain - 36 μstrain
Average Stress Strain 4.92 psi/day
Potential for Cracking Low
(ASTM C-1581)
Baenziger block 90 days No cracking
Freeze-Thaw Stability 300 cycles 98 % (ASTM C-666)
Rapid Chloride Permeability 28 days < 500 C (ASTM C-1202 AASHTO T-277)
APPLICATION INFORMATION
Fresh mortar density 132 lb/ft3 (2.2 kg/l) (ASTM C-138) Coverage 0.39 ft3 (0.01 m3) per bag
(Coverage figures do not include allowance for surface profile and porosity or material waste) Layer Thickness Min. Max.
1/8 " (3 mm) 1.5" (38 mm)
Product Temperature 65–75 °F (18–24 °C)
Ambient Air Temperature > 45 °F (7 °C)
Substrate Temperature > 45 °F (7 °C)
Set Time 15 - 40 min. (ASTM C-266)
Final set time < 60 min. (ASTM C-266)
Product Data Sheet
SikaTop®-123 Plus
November 2020, Version 01.03
020302040070000022
3 / 6
Finishing time 20–60 minutes
Note: All times start after adding Component ‘B’ to Component ‘A’ and are highly affected by temperature, relative humidity, substrate temperature, wind, sun and other job site conditions.
BASIS OF PRODUCT DATA
Results may differ based upon statistical variations
depending upon mixing methods and equipment,
temperature, application methods, test methods, actual
site conditions and curing conditions.
ENVIRONMENTAL, HEALTH AND SAFETY
For further information and advice regarding
transportation, handling, storage and disposal of
chemical products, user should refer to the actual Safety Data Sheets containing physical, environmental,
toxicological and other safety related data. User must
read the current actual Safety Data Sheets before using any products. In case of an emergency, call CHEMTREC
at 1-800-424-9300, International 703-527-3887.
DIRECTIVE 2004/42/CE - LIMITATION OF EMISSIONS OF
VOC
0 g/l (EPA method 24)
LIMITATIONS
▪ Do not use solvent-based curing compound.
Size, shape and depth of repair must be carefully
considered and consistent with practices
recommended by ACI or ICRI.
▪
For additional information on substrate preparation,
refer to ICRI Guideline No. 310.2R.
▪
If aggressive means of substrate preparation is
employed, substrate strength should be tested in
accordance with ACI 503 Appendix A prior to the repair
application.
▪
As with all cement based materials, avoid contact with
aluminum to prevent adverse chemical reaction and
possible product failure. Insulate potential areas of
contact by coating aluminum bars, rails, posts etc. with an appropriate epoxy such as Sikadur® 32, Hi-Mod.
▪
APPLICATION INSTRUCTIONS
SURFACE PREPARATION
Surface preparation
Surface must be clean and sound. Remove all
deteriorated concrete, dirt, oil, grease, and other
bond-inhibiting materials from the area to be repaired. ▪
Be sure repair area is not less than 1/8" (3 mm) in
depth.
▪
Preparation work should be done by high pressure
water blast, scabbler or other appropriate mechanical
means to obtain an exposed aggregate surface profile
of ±1/16" (1.6 mm) (CSP-5).
▪
To ensure optimum repair results, the effectiveness of
decontamination and preparation should be assessed
by a pull-off test.
▪
Saw cutting of edges is preferred and a dovetail is
recommended.
▪
Substrate should be Saturated Surface Dry (SSD) with
clean water prior to application. No standing water
should remain during application.
▪
Priming
Reinforcing steel: Steel reinforcement should be
thoroughly prepared by mechanical cleaning to remove
all traces of rust. Where corrosion has occurred due to the presence of chlorides, the steel should be high
pressure washed with clean water after mechanical
cleaning. For priming of reinforcing steel use Sika®
Armatec® 110 EpoCem (consult PDS).
▪
Concrete Substrate:
▪ Prime the prepared substrate with a brush or sprayed
▪
Product Data Sheet
SikaTop®-123 Plus
November 2020, Version 01.03
020302040070000022
4 / 6
applied coat of Sika® Armatec® 110 EpoCem (consult
PDS).
Alternately, a scrub coat of SikaTop®-123 Plus can be
applied prior to placement of the mortar. The repair
mortar has to be applied into the wet scrub coat before it dries.
▪
MIXING
▪ Pour Component ‘A’ into mixing container.
▪ Add Component ‘B’ while mixing continuously.
Mix mechanically with a low-speed drill (400–600 rpm)
and mixing paddle or mortar mixer.
▪
▪ Mix to a uniform consistency, maximum 3 minutes.
Manual mixing can be tolerated only for less than a full unit. Thorough mixing and proper proportioning of the
two components is necessary.
▪
APPLICATION
SikaTop®-123 Plus must be scrubbed into the
substrate, filling all pores and voids.
▪
Force material against edge of repair, working toward
center.
▪
▪ After filling repair, consolidate, then screed.
▪ Material may be applied in multiple lifts.
Multiple lifts
Where multiple lifts are required score top surface of
each lift to produce a roughened surface for next lift. ▪
Allow preceding lift to reach initial set, 30 minutes
minimum, before applying fresh material.
▪
Substrate should be Saturated Surface Dry (SSD) with
clean water prior to application. No standing water
should remain during application.
▪
▪ Scrub fresh mortar into preceding lift.
Allow mortar or concrete to set to desired stiffness,
then finish with wood or sponge float for a smooth
surface.
▪
CURING TREATMENT
As per ACI recommendations for Portland cement
concrete, curing is required.
▪
Moist cure with wet burlap and polyethylene, a fine
mist of water or a water based* compatible curing
compound (ASTM C-309).
▪
Curing compounds adversely affect the adhesion of
following lifts of mortar, leveling mortar or protective coatings.
▪
Moist curing should commence immediately after
finishing.
▪
Protect freshly applied mortar from direct sunlight,
wind, rain and frost.
▪
* Pretesting of curing compound is recommended.
OTHER RESTRICTIONS
See Legal Disclaimer.
LEGAL DISCLAIMER
• KEEP CONTAINER TIGHTLY CLOSED
• KEEP OUT OF REACH OF CHILDREN
• NOT FOR INTERNAL CONSUMPTION
• FOR INDUSTRIAL USE ONLY
• FOR PROFESSIONAL USE ONLY
Prior to each use of any product of Sika Corporation, its subsidiaries or affiliates (“SIKA”), the user must always Product Data Sheet
SikaTop®-123 Plus
November 2020, Version 01.03
020302040070000022
5 / 6
read and follow the warnings and instructions on the
product’s most current product label, Product Data
Sheet and Safety Data Sheet which are available at
usa.sika.com or by calling SIKA’s Technical Service
Department at 1-800-933-7452. Nothing contained in
any SIKA literature or materials relieves the user of the obligation to read and follow the warnings and
instructions for each SIKA product as set forth in the
current product label, Product Data Sheet and Safety
Data Sheet prior to use of the SIKA product.
SIKA warrants this product for one year from date of
installation to be free from manufacturing defects and
to meet the technical properties on the current Product Data Sheet if used as directed within the product’s shelf life. User determines suitability of product for intended use and assumes all risks. User’s and/or buyer’s sole
remedy shall be limited to the purchase price or
replacement of this product exclusive of any labor costs.
NO OTHER WARRANTIES EXPRESS OR IMPLIED SHALL
APPLY INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. SIKA SHALL NOT BE LIABLE UNDER ANY LEGAL
THEORY FOR SPECIAL OR CONSEQUENTIAL DAMAGES.
SIKA SHALL NOT BE RESPONSIBLE FOR THE USE OF THIS
PRODUCT IN A MANNER TO INFRINGE ON ANY PATENT
OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS HELD
BY OTHERS.
Sale of SIKA products are subject to the Terms and
Conditions of Sale which are available at
https://usa.sika.com/en/group/SikaCorp/termsandconditions.html or by calling 1-800-933-7452.
Sika Corporation
201 Polito Avenue
Lyndhurst, NJ 07071
Phone: +1-800-933-7452
Fax: +1-201-933-6225
usa.sika.com
Sika Mexicana S.A. de C.V.
Carretera Libre Celaya Km. 8.5
Fracc. Industrial Balvanera
Corregidora, Queretaro
C.P. 76920
Phone: 52 442 2385800
Fax: 52 442 2250537
SikaTop-123Plus-en-US-(11-2020)-1-3.pdf
Product Data Sheet
SikaTop®-123 Plus
November 2020, Version 01.03
020302040070000022
6 / 6
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Staging Area:
MARINE SAFETY HQ BUILDING CONCRETE REPAIR: STAGING AREA Staging Area
Repair Area
Marine Safety HQ Building