1475 Rosita Road Slope and Sharp Park Road V-Ditch Stabilization Projects

Electronic (sealed) proposals will be received by the City Clerk of the City of Pacifica per the attached timeline for the following project:

1475 Rosita Road Slope and Sharp Park Road V-Ditch Stabilization Projects

to be opened through a teleconferenced meeting live via Zoom Conference (link provided in the OpenGov PRO Bidding System), with a telephone option. The bids will be publicly opened, examined and declared by the City Clerk; said bids, after being publicly opened, examined and declared, will be calculated by the Engineer, their report returned to the City Clerk, and the report of the results of the bidding and the calculations of the Engineer will be reported to the City Council of the City of Pacifica at the next regular meeting thereof. The City Council of the City of Pacifica reserves the right to reject any and all proposals or bids, should it deem this necessary for the public good, waive any irregularities in any bids and its determination as to which bid is the lowest responsible bid and it may also reject the bid of any bidder who has been delinquent or unfaithful in any former contract with the City of Pacifica for the best interest of the City shall be final. The City shall have SIXTY (60) calendar days from and after the opening of the bids within which to make its determination.

The City will only accept completed bid packages submitted electronically to the City through the City's eProcurement portal at https://procurement.opengov.com/portal/cityofpacifica by authenticated submitters up to the date and time as specified in the Notice to Bidders; without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections. The City strongly recommends completing your response well ahead of the deadline.

Background

The 1475 Rosita Road Slope Stabilization project consists of removing the landslide debris on the slope between the top of the existing gunite creek bank wall and the backyard at 1475 Rosita Road and replacing it with a geogrid reinforced 1.5:1 engineered compacted fill slope equipped with a subdrain and other miscellaneous related work.

The Sharp Park Road Stabilization Project consist of removing approximately 50 feet of undermined concrete lined V-ditch and replacing it with a new 50-foot section of concrete retaining wall/V-ditch. The new retaining wall/V-ditch is designed resist undermining, and lateral pressures, and be doweled into the existing V-ditch at both ends and other miscellaneous related work.

Project Details

• Department: Public Works - Engineering
• Department Head: Roland Yip, PE (Deputy Director)

Important Dates

• Questions Due: 2026-05-30T00:00:30.278Z
• Answers Posted By: 2026-06-06T00:00:00.000Z

Evaluation Criteria

• REPORTS AND INFORMATION ON EXISTING CONDITIONS —

  1. Inspection of Reports:

  1. The City, its consultants, and prior contractors may have collected documents providing a general description of the Site and conditions of the Work.  These documents may consist of geotechnical reports for and around the Site, contracts, contract specifications, tenant improvement contracts, as-built drawings, utility drawings, information regarding Underground Facilities, and hazardous material surveys or information (collectively, Existing Conditions Data.)
  2. Bidders may inspect Geotechnical and Existing Conditions Data.  These documents are listed in Section 01 1100 (Summary of Work) and are available for review at the address identified therein.  Copies may be obtained for the cost of reproduction and handling upon Bidder’s payment for the costs.
  3. Existing Conditions Data is for information purposes only and does not describe labor, materials or equipment furnished by Contractor, but rather, information regarding conditions of the work.  Such Existing Conditions Data is not a Contract Document.
• INVITATION TO BID —

  1. Notice Inviting Bids:

  Electronic (sealed) proposals will be received by the City Clerk of the City of Pacifica per the attached timeline for the following project:

  1475 Rosita Road Slope and Sharp Park Road V-Ditch Stabilization Projects

  to be opened through a teleconferenced meeting live via Zoom Conference (link provided in the OpenGov PRO Bidding System), with a telephone option. The bids will be publicly opened, examined and declared by the City Clerk; said bids, after being publicly opened, examined and declared, will be calculated by the Engineer, their report returned to the City Clerk, and the report of the results of the bidding and the calculations of the Engineer will be reported to the City Council of the City of Pacifica at the next regular meeting thereof. The City Council of the City of Pacifica reserves the right to reject any and all proposals or bids, should it deem this necessary for the public good, waive any irregularities in any bids and its determination as to which bid is the lowest responsible bid and it may also reject the bid of any bidder who has been delinquent or unfaithful in any former contract with the City of Pacifica for the best interest of the City shall be final. The City shall have SIXTY (60) calendar days from and after the opening of the bids within which to make its determination.

  The City will only accept completed bid packages submitted electronically to the City through the City's eProcurement portal at https://procurement.opengov.com/portal/cityofpacifica by authenticated submitters up to the date and time as specified in the Notice to Bidders; without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections. The City strongly recommends completing your response well ahead of the deadline.

  2. Project Description:

  The 1475 Rosita Road Slope Stabilization project consists of removing the landslide debris on the slope between the top of the existing gunite creek bank wall and the backyard at 1475 Rosita Road and replacing it with a geogrid reinforced 1.5:1 engineered compacted fill slope equipped with a subdrain and other miscellaneous related work (BASE BID). The Sharp Park Road Stabilization Project consists of removing approximately 50 feet of undermined concrete lined V-ditch and replacing it with a new 50-foot section of concrete retaining wall/V-ditch. The new retaining wall/V-ditch is designed resist undermining, and lateral pressures, and be doweled into the existing V-ditch at both ends and other miscellaneous related work (ADD ALTERNATE).

  3. Location of Work: 

  Work is located at 1475 Rosita Road and Sharp Park Road, Pacifica, CA.

  4. The Engineer’s Opinion of Probable Costs is approximately: $$290,000 - 1475 Rosita Road and $200,000 - Sharp Park V-Ditch

  5. Completion of Work:  

  All work shall be completed within 50 - Rosita Road and 40 - Sharp Park Road working days for the date when the Contract Time commences to run.

  6. Procurement of Bidding Documents: 

  Bidding Documents contain the full description of the Work. Bidders may examine a complete hard-copy set of the Bidding Documents at the City's Engineering Division, located at 1800 Francisco Boulevard, Pacifica, CA 94044. Bidders can access a complete set of Bidding Documents at City's eProcurement portal. Bidder is responsible for printing any and all of Bidding Documents.

  7. Instructions: 

  Bidders shall refer to Document 00 2113 (Instructions to Bidders) for required documents and items to be submitted as set forth in Paragraph 1.01 above. 

  8. Pre-Bid Site Visit and Meeting: 

  The City will not conduct a Pre-Bid Meeting.

  9. Bid Preparation Cost: 

  Bidders are solely responsible for the cost of preparing their Bids.

  10. Reservation of Rights: 

  The City specifically reserves the right, in its sole discretion, to reject any or all Bids, to re-bid, or to waive inconsequential defects in bidding not involving time, price or quality of the work.  The City may reject any and all Bids and waive any minor irregularities in the Bids.

   

• SECTION 01 1100 SUMMARY OF WORK —

  PART 1 GENERAL

  1.01 Summary

  1. Section includes Summary of Work and Work Restrictions including:
     1. Work Covered By Contract Documents
     2. Bid Item, Allowances and Alternates
     3. Specialty Items
     4. Work Under Other Contracts
     5. Future Work
     6. Work Sequence
     7. Work Days and Hours
     8. Shutdown for Discovery of Cultural Resources
     9. Cooperation of Contractor and Coordination with Other Work
     10. Partial Occupancy/Utilization Requirements
     11. Contractor Use of Site
     12. Air Quality Standards
     13. Construction Staking and Monument Protection
     14. Protection of Existing Structures and Underground Facilities
     15. Permits
     16. Owner-Furnished Products

  1.02 Work Covered by Contract Documents

  1. Work comprises of the construction of Owner’s Pacifica 1475 Rosita Road Slope and Sharp Park Road V-Ditch Stabilization Projects located at 1475 Rosita Road and Sharp Park Road, Pacifica, CA.  Contract Documents fully describe the Work.
  2. The Work of this Contract comprises construction of all the Work indicated, described in the Specifications, or otherwise required by the Contract Documents.  Unless provided otherwise in the Contract Documents, all risk of loss to Work covered by Contract Documents shall rest with Contractor until Final Acceptance of the Work.  Cost of maintenance of systems and equipment prior to Final Acceptance will be considered as included in prices Bid and no direct or additional payment will be made therefore.
  3. For all Bid items, furnish and install all Work, including connections to existing systems, indicated and described in Specifications and all other Contract Documents.  Work and requirements applicable to each individual Bid item, or unit of Work, shall be deemed incorporated into the description of each Bid item (whether Lump Sum or Unit Price). Any Bid item may be deleted from the Work and Contract Sum, in total or in part, prior to or after award of Contract without compensation in any form or adjustment of other Bid items or prices therefore.
  4. Allowance Work shall be done as Change Orders and as specified in Section 01 2600 (Modification Procedures).  Identify Allowance Items (See Document 00 4113 [Bid Form]) work on the Progress Schedules and on Applications for Payment.  The Amount given on Document 00 4113 (Bid Form) under each Allowance Item is the sum of money set aside for each Allowance Item.  These amounts shall be included in the Contract Sum on the Bid Form.  If the cost of Work done under any Allowance Item is less than the amount given on the Bid Form under that Allowance Item, the Contract Sum shall be reduced by the difference between the amount given in the Bid Form and the cost of Work actually done.

  1.03 Bid Items, Allowances and Alternates

  Not Applicable

  1.04 Specialty Items

  Not Applicable

  1.05 Work Under Other Contracts

  Not Applicable

  1.06 Future Work

  Not Applicable

  1.07 Work Sequence

  Not Applicable

  1.08 Work Days and Hours

  1. Work Days and hours:  Owner’s Regular Business Days and hours for construction personnel, such as facilities managers, architects, inspectors, and maintenance personnel, are Monday-Friday inclusive, 8:00 a.m. - 5:00 p.m. local time.
  2. Work at the Site on weekends or holidays is not permitted, unless Contractor requests otherwise from Owner in writing at least [48 hours] in advance and Owner approves in its sole discretion.

  1.09 Shutdown for Discovery of Cultural Resources

  1. If discovery is made of items of historical archaeological or paleontological interest, immediately cease all Work in the area of discovery.  Archaeological indicators may include, but are not limited to, dwelling sites, locally darkened soils, stone implements or other artifacts, fragments of glass or ceramics, animal bones, human bones, and fossils.  After cessation of excavation, immediately contact Owner.  Do not resume Work until authorization is received from Owner.  When resumed, excavation or other activities shall be as directed by Owner.

  1.10 Cooperation of Contractor and Coordination with Other Work

  1. Coordinate with Owner and any Owner forces, or other contractors and forces, as required by Document 00 7200 (General Conditions).

  1.11 Partial Occupancy/Utilization Requirements

  1. Allow Owner to take possession of and use any completed or partially completed portion of the Work during the progress of the Work as soon as is possible without interference to the Work.
  2. Possession, use of Work, and placement and installation of equipment by Owner shall not in any way evidence the completion of the Work or any part of it.
  3. Contractor shall not be held responsible for damage to the occupied part of the Work resulting from Owner occupancy.
  4. Make available, in areas occupied, on a 24 hour per day and seven day per week basis if required, any utility services, heating, and cooling in condition to be put in operation at the time of occupancy.
     1. Responsibility for operation and maintenance of said equipment shall remain with Contractor.
     2. Make, and Owner shall certify, an itemized list of each piece of equipment so operated with the date operation commences.
     3. Itemized list noted above shall be basis for commencement of warranty period for equipment.
     4. Owner shall pay for utility cost arising out of occupancy by Owner during construction.
  5. Use and occupancy by Owner prior to acceptance of Work does not relieve Contractor of its responsibility to maintain insurance and bonds required under the Contract until entire Work is completed and accepted by Owner.
  6. Prior to date of Final Acceptance of the Work by Owner, all necessary repairs or renewals in Work or part thereof so used, not due to ordinary wear and tear, but due to Defective materials or workmanship or to operations of Contractor, shall be made at expense of Contractor, as required in Document 00 7200 (General Conditions).
  7. Use by Owner of Work or part thereof as contemplated by this Section 01 1100 shall in no case be construed as constituting acceptance of Work or any part thereof.  Such use shall neither relieve Contractor of any responsibilities under Contract, nor act as waiver by Owner of any of the conditions thereof.
  8. Owner may specify in the Contract Documents that portions of the Work, including electrical and mechanical systems or separate structures, shall be substantially completed on dates described in this Section 01 1100, if any, prior to Substantial Completion of all of the Work.  Notify Owner in writing when Contractor considers any such part of the Work ready for its intended use and Substantially Complete and request Owner to issue a Certificate of Substantial Completion for that part of the Work.

  1.12 Contractor Use of Site

  1. Access is available to the Site along the project site. 
  2. Assume full responsibility for protection and safekeeping of products stored on premises.  Move any stored products that interfere with operations of Owner or other contractor.
  3. Coordinate parking, storage, staging, and Work areas with Owner. Owner will provide a storage area for Contractor's equipment and materials.  Do not store construction materials in the dripline of any tree.
  4. Prior to commencement of Work or excavation, Contractor and Owner shall jointly survey the area adjacent to the Project area making permanent note and record of such existing damage such as cracks, sags or other similar damage.  This record shall serve as a basis for determination of subsequent damage to structures, conditions or other existing improvements due to Contractor’s operations.  All parties making the survey shall sign the official record of existing damage.  Cracks, sags or damage of any nature to the adjacent Project area, not noted in the original survey but subsequently noted, shall be reported immediately to Owner.
  5. The Contractor shall follow all City ordinances in force during the duration of this Contract.
  6. It is essential that the Contractor perform the Work with as little interference and disturbance as possible to the surrounding neighborhood.
  7. When suspect materials, outside the scope of Work, are encountered during the Work or restoration process, the Contractor shall immediately contact the Project Manager for evaluation and approval of the methods for dealing with the material.

  1.13 Air Quality Standards

  1. Ensure that idling time for all heavy equipment is minimized to reduce on-Site emissions.
  2. Maintain equipment in good mechanical condition.
  3. Cover trucks hauling dirt.
  4. Limit dust emissions during periods of high winds (greater than 15 miles per hour).
  5. Replace ground cover in disturbed areas as soon as possible.
  6. Enclose, cover, water, or apply soil binders to exposed stockpiles.
  7. Remove earth tracked onto neighboring paved roads at least once daily.
  8. Limit equipment speed to 10 miles per hour in unpaved areas.

  1.14 Construction Staking and Monument Protection

  1. Notify Owner three Business Days prior to the need for initial staking.  Owner will not provide engineering surveys to establish construction stakes.
  2. If Contractor finds any additional staking necessary, notify Owner in writing two Business Days in advance.  Owner shall have no liability for any inadequacy unless Contractor notifies Owner and Owner fails to cure within three Business Days of such notice.
  3. Contractor shall be responsible for laying out the Work, shall protect and preserve the established construction stakes and property monuments, and shall make no changes or relocations without the prior written approval of Owner.  Whenever Contractor knows or reasonably should know that any Work activity is likely to damage or destroy any construction stakes or property monuments, or require relocation because of necessary changes in grades or locations, provide at least two Business Days advance notice to Owner.  In any event, notify Owner whenever any construction stakes or property monuments are lost or destroyed or require relocation because of necessary changes in grades or locations.  Owner shall replace or repair construction stakes or property monuments at Contractor’s expense.
  4. Perform brush clearing and traffic control, as necessary, in Owner’s sole judgment.
  5. Illegible survey requests or requests for surveys without proper (at least three Business Days) notification, may result in delayed surveys.  No extension of Contract Time will be allowed due to such delays.
  6. If Owner’s survey crews are not available to perform the survey staking following proper notification, Contractor shall provide its own survey staking.  Provide Owner with Contractor’s survey staking information in writing within three Business Days after it becomes available to Contractor.

  1.15 Geotechnical Data and Existing Conditions

  1. Available Documentation: See Document 00 3132 (Geotechnical Data and Existing Conditions).

  No Geotechnical Data provided

  1.16 [Optional] Protection of Existing Structures and Underground Facilities

  1. The Drawings may indicate existing above- and below-grade structures, drainage lines, storm drains, sewers, water lines, gas lines, electrical lines, hot water lines, and other similar items and Underground Facilities that are known to Owner.  At least two Business Days, or as otherwise noted, prior to commencement of excavation, notify the owners of the following Underground Facilities:
     1. [Options]
        1. Sewer and Storm Drain lines: City of Pacifica Department of Public Works
           1. Phone: (___) ___-____
        2. Water lines: North Coast County Water District
           1. Phone: (___) ___-____
        3. Telephone conduit: AT&T
           1. Phone:  USA Toll Free: (800) ___-____
        4. Cable: Comcast
           1. Phone:  USA Toll Free: (800) ___-____
        5. Electricity and Gas: PG&E
           1. Phone:  USA Toll Free: (800) ___-____
  2. Where overhead service to a structure, known to receive service, does not exist, then underground service shall be assumed to exist.
  3. Attention is also directed to the existence of overhead power and telephone lines.
  4. Perform pot-holing by hand within 24 inches (in any direction) of the Underground Facilities.  This may be done on an area-by-area basis but shall be accomplished at least 7 Days in advance of the date of construction within such area.
  5. Telemetry antennas:  Ensure that the telemetry and voice communication antennas located on the [Identify the Building] roof remain operational. Owner’s telemetry system is critical to the function and operation of Owner’s water supply and distribution system.  Coordinate relocation of equipment related to the telemetry and voice communication systems with Owner.  Notify Owner 3 Days prior to conducting any Work in the vicinity of the telemetry antenna.
  6. No attempt has been made to locate private utilities on private property such as sprinkler irrigation systems or electrical conduits.  Contact the property owners prior to construction.
  7. In addition to reporting, if a utility is damaged, Contractor must take appropriate action as provided in Document 00 7200 (General Conditions).
  8. Additional compensation or extension of time on account of utilities not indicated or otherwise brought to Contractor’s attention including reasonable action taken to protect or repair damage shall be determined as provided in Document 00 7200 (General Conditions).

  1.17 Permits

  1. Permits, agreements, or written authorizations that are known by Owner to apply to this Project are listed below:
     1. Not Applicable
        
        1.  
  2. All other permits that may be required, such as electrical, mechanical, fire prevention, irrigation, grading, slope protection, tree cutting, etc., have not been applied for and shall be obtained by Contractor.  Applicable permit fees will be reimbursed to the extent specified in Document 00 7200 (General Conditions).

  1.18 [Optional] Actual Damages for Permit Violations

  1. In addition to damages which are impracticable or extremely difficult to determine, for which liquidated damages will be assessed as described in Document 00 5200 (Agreement) and Document 00 7200 (General Conditions), Owner may incur actual damages, including fines imposed by any regulatory agency, resulting from [loss of use of the __________________, or from] use in violation of legal or regulatory requirements where the violations result from Contractor’s activities.  Continuous operation of the [__________] in compliance with legal or regulatory requirements is essential to avoid discharges that would violate applicable regulations.  Violations or threatened violations may subject Owner to fines of up to [$________] per Day or occurrence and/or other costs or civil liabilities.
  2. Contractor shall be liable for and shall pay Owner the amount of any actual losses in addition to liquidated damages or other remedies provided by the Contract Documents.
  3. The amount of liquidated damages provided in Document 00 5200 (Agreement) and Document 00 7200 (General Conditions) is not intended to include, nor does the amount include, any damages incurred by Owner for reasons other than those listed in that paragraph.  Any money due or to become due to Contractor may be retained by Owner to cover both the liquidated and the actual damages described above and, should such money not be sufficient to cover such damages, Owner shall have the right to recover the balance from Contractor or its sureties.

   

  PART 2 PRODUCTS

  2.01 Products Ordered in Advance

  1. As provided in Document 00 7200 (General Conditions) and Section 01 2000 (Measurement and Payment), and subject to all other provisions of the Contract Documents, Owner will pay for the following materials and equipment prior to incorporation into the Work:
     1. None

  2.02 Owner-Furnished Products

  1. Owner-Furnished Products:
     1. None

  PART 3 EXECUTION - NOT USED

  [OPTION IF THERE ARE PERMITS:  Permit copies follow this page numbered consecutively as 01 11 00.1, 01 11 00.2, etc.]

  END OF SECTION

   

• ACCESS, INDEMNITY AND RELEASE AGREEMENT [OPTIONAL – IF SITE INVESTIGATION IS ALLOWED —

  In consideration of the referenced City’s permitting the undersigned potential Contractor (Contractor) to have access to, and to conduct investigations, tests and/or inspections on the Site (access), and effective upon such access, Contractor hereby agrees as follows:

  To the greatest extent permitted by law including, without limitation, Civil Code Section 2782, Contractor hereby releases, and shall defend, indemnify, and hold harmless Owner, and its elected officials, officers, employees, consultants, representatives, and agents, and all other parties having any other interest in the Site, against any claim or liability, including attorney’s fees, arising from or relating to any Site-related access, investigation, test, inspection and/or other activity conducted by Contractor or any of Contractor’s officers, employees, consultants, representatives, and/or agents, except for claims or liability arising out of the sole negligence, active negligence, or willful misconduct of Owner or any released and indemnified party.

  Contractor hereby waives the provisions of Civil Code Section 1542, which provides as follows:

  A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

  Contractor shall repair any damage to the Site or adjacent property resulting from activities authorized hereunder, and comply with and be subject to all other requirements and obligations described or referenced in Document 00 3132 (Geotechnical Data and Existing Conditions).

  Attached hereto (or to be delivered separately before Contractor’s visit to the Site) is a certificate for general liability insurance satisfying Contract Documents requirements.

  Although this Access, Indemnity and Release Agreement is not a Contract Document (see Document 00 5200 [Agreement]), it shall be fully effective and binding regardless of whether Contractor submits a Bid for the subject Project, is awarded a contract for the Project, or otherwise.

• SECTION 01 2000 MEASUREMENT AND PAYMENT —

  PART 1 GENERAL

  1.01 Summary

  1. Section includes description of requirements and procedures for determining amount of Work performed and for obtaining payment for Work performed.

  1.02 References

  1. California Public Contract Code
  2. Code of Civil Procedure
  3. Government Code
  4. Civil Code

  1.03 Composition and Scope Of Contract Sum

  1. Scope of Contract Sum
     1. Contract Sum for performance of the Work under Contract Documents, or under any Bid item, allowance, or Alternate, shall include full compensation for all Work required under the Contract Documents, including without limitation, all labor, materials, taxes, transport, handling, storage, supervision, administration, and all other items necessary for the satisfactory completion of the Work, whether or not expressly specified or indicated, incidental work and unexpected expenses, and all terms, conditions, requirements and limitations set forth in the Contract Documents.
     2. Contract Sum may be expressed as lump sum, unit price, GMP, allowance, or combination thereof.  Contract Sum, whether lump sum, unit price or otherwise, shall be deemed to include all costs necessary to complete required Work, including Contractor overhead and profit, all costs (if any) for loss or damage arising from nature of Work or prosecution of the Work, and from action of elements.
     3. Unless Contract Documents expressly provide otherwise, Contract Sum shall be deemed to include:
        1. Any and all costs arising from any unforeseen difficulties which may be encountered during, and all risks of any description connected with, prosecution of Work or any Work item (whether lump sum, unit price or otherwise) until acceptance by Owner;
        2. All expenses incurred due to suspension, or discontinuance of Work or any Work item (whether lump sum, unit price or otherwise) as provided in Contract Documents; and
        3. Escalation to allow for cost increases between time of Contract Award and completion of Work or any Work item (whether lump sum, unit price or otherwise).
  2. Unit Price Items
     1. Quantity of Work to be paid for under any item for which a unit price is fixed in Contract Documents shall be determined by Owner based on, so far as practicable, actual number of units satisfactorily completed, as determined by Owner and certified by Contractor, within prescribed or ordered limits, and no payment will be made for Work unsatisfactorily performed or done outside of limits.
     2. Unit Prices shall apply to Work covered by unit prices so long as actual quantities performed on the Project are not less than 75 percent or greater than 125 percent of the estimated quantities bid or otherwise stated in the Contract Documents.  If actual quantities exceed these parameters, then the unit price shall be adjusted by an amount to reflect the Contractor’s incremental cost differential resulting from increased or decreased economies of scale.
  3. Lump Sum Items
     1. When estimated quantity for specific portion of Work is not indicated and/or Work is designated as lump sum, payment will be on a lump sum basis for Work satisfactorily completed in accordance with Contract Documents.
     2. Payment for lump sum Work, or items of Work subject to a lump sum (e.g. without limitation, change order work), shall be made on the basis of satisfactory completion of such Work or work item, earned in progressive stages in accordance with the Contract Documents, up to but not exceeding Contractor’s percentage completion of the Work or item.
     3. Lump sum items shall be paid based upon the approved Schedule of Values, which shall be used to measure progressive payments based upon satisfactory progress towards completion of the item.
  4. Allowance Items
     1. Allowances.  Allowance Work will be authorized by Owner in writing, following change order procedures to determine cost, supporting documentation and authorization to proceed. Unused allowance amounts at Contract completion shall reduce the Contract Sum accordingly.
     2. Allowance items (if any) are specified in Section 01 1100 (Summary of Work) or Section 01 2100 (Allowances).

  1.04 Payment Procedures

  1. Work Breakdown Structure/Schedule of Values
     1. Within time period specified in Document 00 7200 (General Conditions), but in any event prior to Contractor’s first Application for Payment, Contractor shall submit a detailed breakdown of its Bid by scheduled Work items and/or activities, including coordination responsibilities and Project Record Documents responsibilities.  Where more than one Subcontractor comprises the work of a Work item or activity, the Schedule of Values shall show a separate line item for each subcontract.  Contractor shall furnish such breakdown of the total Contract Sum by assigning dollar values (cost estimates) to each applicable Progress Schedule network activity, which cumulative sum equals the total Contract Sum.  This breakdown may be referred to as the Schedule of Values (SOV), Work Breakdown Structure or both.
     2. Contractor’s overhead, profit, insurance, cost of bonds (except to the extent expressly identified in a Bid item) and/or other financing, as well as “general conditions costs,” (e.g., Site cleanup and maintenance, temporary roads and access, off-Site access roads, temporary power and lighting, security, and the like), shall be prorated through all activities so that the sum of all the Schedule of Values line items equals Contractor’s total Contract Sum, less any allowances designated by Owner.  Scheduling, record documents and quality assurance control shall be separate line items.
     3. Owner will review the breakdown in conjunction with the Progress Schedule to ensure that the dollar amounts of this Schedule of Values are, in fact, reasonable cost allocations for the Work items listed.  Upon favorable review by Owner, Owner will accept this Schedule of Values for use.  Owner shall be the sole judge of fair market cost allocations.
     4. Owner will reject any attempt to increase the cost of early activities, i.e., “front loading,” resulting in a complete reallocation of moneys until such “front loading” is corrected.  Repeated attempts at “front loading” may result in suspension or termination of the Work for default, or refusal to process progress payments until such time as the Schedule of Values is acceptable to Owner.
  2. Contractor’s Requests for Progress Payments
     1. If requested by Contractor, progress payments will be made monthly, under the following conditions:
     2. On or before the 25th Day of each month, Contractor shall submit to Owner five copies of an Application for Payment for the cost of the Work put in place during the period from the last Day of the previous month to the end of the current month, along with one copy of an updated Progress Schedule.  Such Applications for Payment shall be for the expected  total value of activities completed or partially completed, based upon Schedule of Values prices (or Bid item prices if unit price) of all labor and materials incorporated in the Work up until midnight of the last Day of that one month period, less the aggregate of previous payments.  Accumulated retainage shall be shown as separate item in payment summary.  Owner and Contractor will reconcile any differences in the field, based on the reconciled monthly report sheets.  If Contractor is late submitting its Application for Payment, that Application may be processed at any time during the succeeding one-month period, resulting in processing of Contractor’s Application for Payment being delayed for more than a Day for Day basis.
     3. Except as otherwise provided in a labor compliance program applicable to the Work (if any) or as otherwise required by Owner, concurrently with each Application for Payment, Contractor shall submit to Owner Contractor’s and its Subcontractors’ certified payroll records required to be maintained pursuant to Labor Code Section 1776 for all labor performed during pay periods ending during the period covered by the Application for Payment.
     4. No progress payment will be processed prior to Owner receiving all requested, acceptable schedule update information and certified payrolls, and in Owner’s sole and absolute discretion, Owner may deny the entire Application for Payment for noncompliance.
     5. Each Application for Payment shall list each Change Order and Construction Change Directive (CCD) executed prior to date of submission, including the Change Order/CCD Number, and a description of the Work activities, consistent with the descriptions of original Work activities.  Contractor shall submit a monthly Change Order/CCD status log to Owner.
     6. If Owner requires substantiating data, Contractor shall submit information requested by Owner, with cover letter identifying Project, Application for Payment number and date, and detailed list of enclosures.  Contractor shall submit one copy of substantiating data and cover letter for each copy of Application for Payment submitted.
     7. If Contractor fails or refuses to participate in monthly Work reconciliations or other construction progress evaluation with Owner, Contractor shall not receive current payment until Contractor has participated fully in providing construction progress information and schedule update information to Owner.
  3. Owner’s Review of Progress Payment Applications
     1. Owner will review Contractor’s Application for Payment following receipt and during the Progress Schedule and Billing Meeting.  If adjustments need to be made to percent of completion of each activity, Owner will make appropriate notations and return to Contractor.  Contractor shall revise and resubmit.  All parties shall update percentage of completion values in the same manner, i.e., express value of an accumulated percentage of completion to date.
     2. If Owner determines that portions of the Application for Payment are not proper or not due under the Contract Documents, then Owner may approve the other portions of the Application for Payment, and in the case of disputed items or Defective Work not remedied, may withhold up to 150 percent of the disputed amount from the progress payment.
     3. Pursuant to Public Contract Code Section 20104.50, if Owner fails to make any progress payment within 30 Days after receipt of an undisputed and properly submitted Application for Payment from Contractor, Owner shall pay interest to the Contractor equivalent to the legal rates set forth in Code of Civil Procedure Section 685.010 (a).  The 30-Day period shall be reduced by the number of Days by which Owner exceeds the seven-Day return requirement set forth herein.
     4. As soon as practicable after approval of each Application for Payment for progress payments, Owner will pay to Contractor in manner provided by law, an amount equal to 95 percent of the amounts otherwise due as provided in Contract Documents, or a lesser amount if so provided in Contract Documents and by law, provided that payments may at any time be withheld if, in judgment of Owner, Work is not proceeding in accordance with Contract, or Contractor is not complying with requirements of Contract, or to comply with stop notices or to offset liquidated damages accruing or expected.  In Owner’s sole discretion, if Contractor has failed to comply with either its Progress Schedule update or project record documents requirements, Owner may retain an additional five percent (5%) of any earned amounts until such requirements are satisfied.
     5. Before any progress payment or final payment is due or made, Contractor shall submit satisfactory evidence that Contractor is not delinquent in payments to employees, Subcontractors, suppliers, or creditors for labor and materials incorporated into Work.  This specifically includes, without limitation, conditional lien release forms for the current progress payment and unconditional release forms for past progress payments.  This also includes copies of certified payroll from Contractor and subcontractors for the current payment period. 
  4. Payment for Material and Equipment Not Yet Incorporated Into the Work
     1. No payment shall be made for materials or equipment not yet incorporated into the Work, except as specified elsewhere in the Contract Documents or as may be agreed to by Owner in its sole discretion.  Where Contractor requests payment on the basis of materials and equipment not incorporated in the Work, Contractor must satisfy the following conditions:
        1. The materials and/or equipment shall be delivered and suitably stored at the Site or at another local location agreed to in writing, for example, a mutually acceptable bonded and insured warehouse.
        2. Full title to the materials and/or equipment shall vest in Owner at the time of delivery to the Site, warehouse or other storage location.  Obtain a negotiable warehouse receipt, endorsed over to Owner for materials and/or equipment stored in an off-site warehouse.  No payment will be made until such endorsed receipts are delivered to Owner.
        3. Stockpiled materials and/or equipment shall be available for Owner inspection, but Owner shall have no obligation to inspect them and its inspection or failure to inspect shall not relieve Contractor of any obligations under the Contract Documents.  Materials and/or equipment shall be segregated and labeled or tagged to identify these specific Contract Documents.
        4. After delivery of materials and/or equipment, if any inherent or acquired defects are discovered, defective materials and/or equipment shall be removed and replaced with suitable materials and/or equipment at Contractor’s expense.
        5. At Contractor’s expense, insure the materials and/or equipment against theft, fire, flood, vandalism, and malicious mischief, as well as any other coverages required under the Contract Documents.
        6. Contractor’s Application for Payment shall be accompanied by a bill of sale, invoice or other documentation warranting that Owner has received the materials and equipment free and clear of all liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner interest therein, all of which must be satisfactory to Owner.  This documentation shall include, without limitation, conditional releases of mechanics’ liens and stop notices from all those providing materials and equipment as to which the Application for Payment relates, as well as unconditional releases of the same from the same as to the previous Application for Payment for which they have not already been provided.  Amounts previously paid for materials and equipment prior to incorporation into the Work shall be deducted from amounts otherwise due Contractor as they are incorporated.

  1.05 Final Payment

  1. Final Payment
     1. As soon as practicable after all required Work is completed in accordance with Contract Documents, including punchlist, testing, record documents and Contractor maintenance after Final Acceptance, Contractor shall submit its Application for Final Payment.
     2. Provided Contractor has met all conditions required for Final payment, Owner will pay to Contractor, in manner provided by law, unpaid balance of Contract Sum of Work (including, without limitation, retentions), or whole Contract Sum of Work if no progress payment has been made, determined in accordance with terms of Contract Documents, less sums as may be lawfully retained under any provisions of Contract Documents or by law.
  2. Final Accounting
     1. Prior progress payments and change orders shall be subject to audit and correction in the final payment.
     2. Contractor and each assignee under an assignment in effect at time of final payment shall execute and deliver at time of final payment, and as a condition precedent to final payment, Document 00 6530 (Agreement and Release of Claims).

  1.06 Substitution of Securities

  1. Public Contract Code Section 22300.  In accordance with the provisions of Public Contract Code Section 22300, substitution of securities for any moneys withheld under Contract Documents to ensure performance is permitted as provided under Document 00 6290.

  1.07 Basis And Effect Of Payment

  1. Payment will be made by Owner, based on Owner observations at the Site and the data comprising the Application for Payment.  Payment will not be a representation that Owner has:
     1. Made exhaustive or continuous on-Site inspections to check the quality or quantity of Work;
     2. Reviewed construction means, methods, techniques, sequences, or procedures;
     3. Reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by Owner to substantiate Contractor’s right to payment; or
     4. Made examination to ascertain how or for what purpose Contractor has used money previously paid on account of the Contract Sum.
  2. Owner does not expressly, or by implication, agree, warrant, or represent in any manner, that actual amount of Work will correspond with amount shown or estimated and reserves right to increase or decrease amount of any class or portion of Work, to leave out entire Work Item or Items, or to add work not originally included in Bid or Contract Documents, when in its judgment such change is in best interest of Owner.  No change in Work shall be considered a waiver of any other condition of Contract Documents.  No claim shall be made for anticipated profit, for loss of profit, for damages, or for extra payment whatever, except as otherwise expressly provided for in Contract Documents, because of any differences between the amount of Work actually done and estimated amount as set forth herein, or for elimination of Work Items.

  PART 2 PRODUCTS - NOT USED

  PART 3 EXECUTION - NOT USED

  END OF SECTION

   

• PROCEDURES FOR SUBMISSION OF BIDS —

  1. Required Pre-Bid Conference and Site Visit

  1. The City will not conduct Pre-Bid Conference and Site Visit.
  2. Other Pre-Bid Site Visits may be scheduled at City’s sole discretion, depending on staff availability.

  2. Required Pre-Bid Investigations

  1. Prior to submission of Bid, Bidder must conduct a careful examination of Bidding Documents and understand the nature, extent, and location of Work to be performed. 
  2. Invasive testing will only be allowed with Owner’s written approval and under such conditions as Owner may determine in its sole discretion. 
  3. Bidders may examine any available existing conditions information (e.g., record documents, specifications, studies, drawings of previous work), as well as applicable environmental assessment information (if any) regarding the Project, by giving Owner reasonable advanced notice.  Owner will make copies available for a fee.  A Bidder must give five days advanced notice if copies are desired.

  3. Bidder Questions and Answers

  1. Bidders must direct all questions about the meaning or intent of Bidding Documents to Owner in writing through the City's eProcurement portal.  Interpretations or clarifications considered necessary by Owner in response to such questions will be issued by written Addenda through the City's eProcurement portal as having received Bidding Documents.  Owner may not answer questions received less than 10 Days prior to the date for opening Bids.
  2. Only questions answered by formal written Addenda will be binding.  Oral and other interpretations or clarifications will be without legal effect, and Bidders shall not rely on oral statements.

  4. Addenda

  Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner.  Addenda shall be acknowledged by number in City's eProcurement portal and shall be part of the Contract Documents.  A complete listing of Addenda may be secured from City's eProcurement portal.

• USE OF EXISTING CONDITIONS DATA —

  1. Above-Ground Existing Conditions:

  1. The City makes no warranty or representation of existing aboveground conditions, as-built conditions, or other above ground actual conditions verifiable by reasonable independent investigation.  These conditions are verifiable by Bidder by the performance of its own independent investigation that Bidder must perform prior to bidding and Bidder must not rely on the information supplied by The City regarding such existing conditions.
  2. Bidder represents and agrees that in submitting its Bid, it is not relying on any information regarding above-ground existing conditions supplied by The City.

  2. Underground Facilities:

  1. Information supplied regarding existing Underground Facilities at or contiguous to the Site is based on information furnished to The City by others (e.g., the builders of such Underground Facilities or others).
  2. The City assumes responsibility for only the general accuracy, completeness or thoroughness of information regarding Underground Facilities that are owned by The City.  This express assumption of responsibility applies only if Bidder has conducted the independent investigation required of it under Document 00 7200 (General Conditions) and discrepancies were not apparent. Bidder is solely responsible for any interpretation or conclusion drawn from this information.  The City is not responsible for information regarding Underground Facilities that are owned by others.

  3. Hazardous Materials Surveys:

  1. Bidders may rely on this data and information for general accuracy regarding the locations of potentially hazardous materials subject of the Work.  The City does not warrant and makes no representation regarding the completeness or thoroughness of any data or information regarding existing conditions or hazardous materials including, without limitation, quantities, characteristics, volumes, or associated structural features. Bidder represents and agrees that in submitting a Bid it is not relying on any such data, information or deductions.
  2. Data and information regarding the locations of hazardous materials are not part of Contract Documents.

  4. Geotechnical Data:

  1. Bidder may rely upon the general accuracy of the “technical data” contained in the geotechnical reports and drawings identified above, but only insofar as it relates to subsurface conditions, provided Bidder has conducted the independent investigation required of it and discrepancies were not apparent. The term “technical data” in the referenced reports and drawings shall be limited as follows:
  2. The term “technical data” shall include actual reported depths, reported quantities, reported soil types, reported soil conditions, and reported material, equipment, or structures that were encountered during subsurface exploration. The term “technical data” does not include, and Bidder may not rely upon, any other data, interpretations, opinions or information shown or indicated in such drawings or reports that otherwise relate to subsurface conditions or described structures. The term “technical data” shall not include the location of Underground Facilities.
  3. Bidder may not rely on the completeness of reports and drawings for the purposes of bidding or construction.  Bidder is solely responsible for any interpretation or conclusion drawn from any “technical data” or any other data, interpretations, opinions, or information contained in supplied geotechnical data.

  5. Except as expressly set forth in this Document 00 3132:

  1. The City does not warrant, and makes no representation regarding, the accuracy or thoroughness of any geotechnical and existing conditions data.
  2. Bidder represents and agrees that in submitting its Bid, it is not relying on any geotechnical and existing conditions data supplied by The City, except as specifically set forth herein.
• SECTION 01 2100 ALLOWANCES (NOT APPLICABLE) —

  PART 1 GENERAL

  1.01 Section Includes

  1. Non-Specified Work

  1.02 Related Sections

  1. Section 01 1100—Summary of Work
  2. Section 01 2000—Measurement and Payment
  3. Section 01 3300—Submittals

  [Following for consideration—delete if not applicable]

   

  1.03 Owner’s Contingency Reserve Allowance

  1. Owner’s Contingency Reserve Allowance in the amount identified in the Agreement (if any) is included in Contract Sum and controlled by Owner.
  2. Owner shall determine in its sole discretion which costs, if any, it will authorize in writing to be paid from this Allowance.  Generally, Contingency Reserve Allowance will be used only for Owner-initiated changes in scope of Work of Contract Documents.
  3. Contractor’s costs for products, delivery, installation, labor, insurance, payroll, taxes, bonding, differing site conditions and equipment rental will be included in Change Orders authorizing expenditure of funds from this Allowance.
  4. Funds will be drawn from this Allowance only with Owner’s approval evidenced by deductive Change Order.
  5. At Contract closeout, funds remaining in this Allowance will be credited to Owner by deductive Change Order.

  1.04 ______________ Allowance

  1. ____________ Allowance in the amount of $______________ is included in the Contract Sum.
  2. Contractor’s costs for products, delivery, installation, labor, insurance, payroll, taxes, bonding, differing site conditions and equipment rental with respect to _____________________ will be included in Change Orders authorizing expenditure of funds from this Allowance.
  3. Funds will be drawn from this Allowance only with Owner’s approval evidenced by Change Order.
  4. At Contract closeout, funds remaining in this Allowance will be credited to Owner by Change Order.

  PART 2 PRODUCTS – NOT USED

  PART 3 EXECUTION- NOT USED

      END OF SECTION

   

• RECEIPT OF BIDS —

  1. Date and Time

  Sealed Bids will be received by the Owner until the date and time indicated in Document 00 1116 (Notice Inviting Bids).

  The City will only accept completed bid packages submitted electronically through the City's eProcurement portal at https://secure.procurenow.com/portal/cityofpacifica by authenticated submitters up to the date and time as specified in the Notice to Bidders; without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections. The City strongly recommends completing your response well ahead of the deadline.

  2. Required Contents of Bid

  1. Document 00 4113 (Bid Form).  Bidders must submit Bids on Document 00 4113 (Bid Form) in accordance with the provisions of Document 00 4113.  Bidders must complete all Bid items and supply all information required by Bid documents and specifications.
  2. Document 00 4313 (Bond Accompanying Bid).  Any Bidder whose Bid equals or exceeds $5,000 must submit Document 00 4313 (Bond Accompanying Bid) accompanied by a cashier’s check, certified check (certified without qualification and drawn on a solvent bank of the State of California or a National Bank doing business in the State of California), or completed form of Document 00 4313 of not less than 10% of the base Bid, payable to Owner and completed in accordance with the provisions of Document 00 4313. 

      

     Accompanying this bid it is required to provide an electronic bid bond at the time of bid opening and the hard copy to be provided no later than 5 days after the bid opening. Bid guarantee in an amount equal to at least 10% of total of the bid, naming the Owner as Obligee or Payee, as applicable. Original Bidder’s Bond with surety seal, cashier's check, certified check or cash must be delivered electronically no later than bid due date and a hard copy no later than 5 days after bid opening as stated herein and to the

     City Clerk, 170 Santa Maria Ave., Pacifica, CA 94044

  3. Document 00 4314 (Bidder Registration Form).  Bidders must submit Document 00 4314 (Bidder Registration Form), completed in accordance with the provisions of Document 00 4314.
  4. Document 00 4336 (Subcontractors List).  Bidders must submit Document 00 4336 (Subcontractors List) completed in accordance with the provisions of Document 00 4336.  The Subcontractors List must include the names of all subcontractors for those subcontractors who will perform any portion of Work, including labor, rendering of service, or specially fabricating and installing a portion of the Work or improvement according to detailed drawings contained in the plans and specifications, in excess of one half of one percent (0.5%) of the total Bid amount.  Any violation of this requirement may result in a Bid being deemed non-responsive and not being considered.
  5. Document 00 4519 (Non-Collusion Affidavit).  Bidders must submit Document 00 4519 (Non-Collusion Affidavit) completed in accordance with the provisions of Document 00 4519.
  6. Document 00 4546 (Bidder Certifications).  Bidders must submit Document 00 4546 (Bidder Certifications) completed in accordance with the provisions of Document 00 4546.      
  7. Document 00 4548 (CARB In-Use Off-Road Diesel-Fueled Fleet Certification).  Bidders must submit Document 00 4548 (California Air Resources Board In-Use Off-Road Diesel-Fueled Fleets Certification) completed, with Bidder’s Certificate of Reported Compliance included if applicable, in accordance with the provisions of Document 00 4548.  Owner will reject a bid from a Bidder that does not indicate conformance to the California Air Resources Board (“CARB”) In-Use Off-Road Diesel-Fueled Fleets requirements (Title 13 CCR sections 2449, 2449.1 and 2449.2).
• INVESTIGATIONS —

  1. Required Investigations:

  1. Before submitting a Bid, each Bidder shall be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site or otherwise, which may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of Contract Documents.
  2. Bidders shall advise The City in writing during the Bid period of any questions, suppositions, inferences or deductions Bidders may have for The City’s review and response.
  3. The City has provided time in the period prior to bidding for Bidder to perform these investigations.

  2. Access to Site for Investigations:

  1. The City will provide each Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies, as each Bidder deems necessary for submission of a Bid, provided that invasive testing will be permitted only to the extent provided in Document 00 2113 (Instructions to Bidders).  Bidders must fill all holes and clean up and restore the Site to its former conditions upon completion of such explorations, investigations, tests, and studies.  Such investigations may be performed only under the provisions of Document 00 2113 (Instructions to Bidders) and Document 00 7200 (General Conditions) including, without limitation, proof of insurance and obligation to indemnify against claims arising from such investigation work.  Each Bidder shall supply all equipment required to perform any investigations as each Bidder deems necessary.  The City has the right to limit the number of pieces of machinery operating at any one time due to safety concerns or in order to protect or maintain the Site from potential damage or interruption to general operational activities.
• LEGAL REQUIREMENTS —

  1. Required Contractor’s License(s): A California class "A" contractor’s license is required to bid this contract.  Joint ventures must secure a joint venture license prior to award of this Contract.  [optional if applicable] Specialty work may require a specialty contractor’s license "N/A" held by Bidder or a listed subcontractor.

  2. Required Contractor and Subcontractor Registration

  1. The City shall accept Bids only from Bidders that (along with all Subcontractors listed in Document 00 4336, Subcontractor List) are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5.
  2. Subject to Labor Code Sections 1771.1(c) and (d), any Bid not complying with paragraph 2.A above, shall be returned and not considered; provided that if Bidder is a joint venture (Business & Professions Code Section 7029.1) or if federal funds are involved in the Contract (Labor Code Section 1771.1(a)), The City may accept a non-complying Bid provided that Bidder and all listed Subcontractors are registered at the time of Contract award.

  3. Bid Alternates: 

  Not Applicable

  4. Non-Substitutable Materials, Products, Things, or Services

  Not Applicable

  5. Substitution of Securities:  The City will permit the successful bidder to substitute securities for any retention monies withheld to ensure performance of the contract, as set forth in Document 00 6290 Escrow Agreement For Security Deposits in Lieu of Retention and incorporated herein in full by this reference, in accordance with Public Contract Code Section 22300.

  6. Prevailing Wage Laws:  The successful Bidder must comply with all prevailing wage laws applicable to the Project, and related requirements contained in the Contract Documents.  Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the City’s Engineering Division office at 1800 Francisco Boulevard, Pacifica, may be obtained from the California Department of Industrial Relations website and are deemed included in the Bidding Documents.  Upon request, The City will make available copies to any interested party.  Also, the successful Bidder shall post the applicable prevailing wage rates at the Site.

  7. Prevailing Wage Monitoring:  This Project is subject to prevailing wage compliance monitoring and enforcement by the Department of Industrial Relations.

             

   

• SECTION 01 2600 MODIFICATION PROCEDURES —

  PART 1 GENERAL

  1.01 Summary

  1. Section includes requirements that supplement the paragraphs of Document 00 7200 (General Conditions). 
  2. Description of procedures for modifying the Contract Documents and determining costs for changes in Contract Sum or Contract Time. 

  1.02 Procedures For Contractor Initiated Change Order

  1. Contractor-Initiated Change Proposal Request (CPR) and Procedures
     1. Contractor may initiate changes by submitting a Change Proposal Request (CPR).Whenever Contractor elects or is entitled to submit a CPR, Contractor shall prepare and submit to Owner for consideration a CPR using the Cost Proposal Form attached to this Section 01 2600 or otherwise included in this Project Manual.  All CPR’s must contain a complete break
     2. down of costs of credits, deducts and extras; itemizing labor, materials, equipment, markup, bonds, insurance and taxes; and any requested changes to Contract Time.  All Subcontractor Work shall be so indicated.  Individual entries on the CPR form shall include applicable Schedule of Values code, with all amounts determined as provided herein.  After receipt of a CPR with a detailed breakdown, Owner will act promptly thereon.
     3. If Owner accepts a CPR, Owner will prepare a Change Order for Owner and Contractor signatures.
     4. If CPR is not acceptable to Owner because it does not agree with Contractor’s proposed cost and/or time, Owner will provide comments thereto.  Contractor will then, within seven Days (except as otherwise provided herein), submit a revised CPR.
     5. When necessity to proceed with a change does not allow Owner sufficient time to conduct a proper check of a CPR (or revised CPR), Owner may issue a Change Directive (CD) as provided below.
  2. Contractor-Initiated Request for Information (RFI) Procedures, Requirements and Limitations
     1. Contractor may submit RFI’s for clarifications in Owner-prepared Contract Documents, which may result in the Contractor submitting a CPR.
     2. Whenever Contractor requires information regarding the Project or Owner-prepared Contract Documents, or receives a request for such information from a Subcontractor, Contractor may prepare and deliver an RFI to Owner.  Contractor shall use RFI format provided on approval by Owner.  Contractor shall not issue an RFI to Owner solely to clarify Contractor-prepared Construction Documents.  Contractor must submit time critical RFIs at least 30 Days before scheduled start date of the affected Work activity.  Contractor shall reference each RFI to an activity of Progress Schedule and shall note time criticality of the RFI, indicating time within which a response is required.  Contractor’s failure to reference RFI to an activity on the Progress Schedule and note time criticality on the RFI shall constitute Contractor’s waiver of any claim for time delay or interruption to the Work resulting from any delay in responding to the RFI.
     3. Contractor shall be responsible for its costs to implement and administer RFIs throughout the Contract duration.  Regardless of the number of RFIs submitted, Contractor shall not be entitled to additional compensation for the effort required to submit the RFIs.  Contractor shall be responsible for Owner’s administrative costs for answering RFIs where the answer could reasonably be found by reviewing the Contract Documents, as determined by Owner; at Owner discretion, such costs may be deducted from progress payments or final payment.
     4. Owner will respond within ten Days from receipt of RFI with a written response to Contractor.  Contractor shall distribute response to all appropriate Subcontractors.
     5. If Contractor is satisfied with the response and does not request a change in Contract Sum or Contract Time, then the response shall be executed without a change.
     6. If Contractor believes the response is incomplete, Contractor shall issue another RFI (with the same RFI number with the letter “A” indicating it is a follow-up RFI) to Owner clarifying original RFI.  Additionally, Owner may return RFI requesting additional information should original RFI be inadequate in describing condition.
  3. Time Requirements
     1. If Contractor believes that an Owner response to an RFI, submittal or other Owner direction, results in change in Contract Sum or Contract Time, Contractor shall notify Owner with the issuance of a preliminary CPR within ten Days after receiving Owner’s response or direction, and in no event after starting the disputed work or later than the time allowed under Article 12 of Document 00 7200 (General Conditions).  If Contractor also requests a time extension, or has issued a notice of delay or otherwise requests a time extension with a CPR, then Contractor shall submit the TIE required in these Contract Documents, including Section 01 3200 (Progress Schedules and Reports), concurrently with the CPR and in no event later than ten Days after providing the notice of delay.
     2. If Contractor requires more time to accurately identify the required changes to the Contract Sum or Contract Time, Contractor may submit an updated and final CPR and TIE within 14 Days of submitting the preliminary CPR.
     3. If Owner agrees with Contractor’s CPR and/or TIE, then Owner will prepare a Change Order for Owner and Contractor signatures.  If Owner disagrees with Contractor, then Contractor may give notice of potential claim as provided in Article 12 of Document 00 7200 (General Conditions), and proceed thereunder.
     4. Contractor must submit all CPR’s (preliminary and final), notices of potential claim, Claims, and TIE’s within the required time periods.  Any failure to do so waives Contractor’s right to submit a CPR or file a Claim.
  4. Cost Estimate Information
     1. Contractor and subcontractors shall, upon Owner’s request, permit inspection of the original unaltered cost estimates, subcontract agreements, purchase orders relating to the change, and documents substantiating all costs associated with its CPR or Claims arising from changes in the Work.

  1.03 Procedures for Owner-Initiated Change Orders

  1. Owner Initiated Change Directives (CD)
     1. Owner may, by Change Directive (CD) or initially by Instruction Bulletin or by following the procedures for disputed work herein, order changes in the Work within the general scope of the Contract consisting of additions, deletions, or other revisions, with or without adjustment to Contract Sum or Contract Time.
     2. If at any time Owner believes in good faith that a timely Change Order will not be agreed upon using the foregoing procedures, or at any other time, Owner may issue a CD with its recommended cost and/or time adjustment (if any).  Upon receipt of CD, Contractor shall promptly proceed with the change of Work involved and respond to Owner within ten Days.
     3. Contractor’s response must be any one of following:
        1. Return CD signed, thereby accepting Owner response, including adjustment to time and cost (if any).
        2. Submit a (revised if applicable) Cost Proposal with supporting documentation (if applicable, reference original Cost Proposal number followed by letter A, B, etc. for each revision), if Owner so requests.
        3. Give notice of intent to submit a claim as described in Article 12 of Document 00 7200 (General Conditions), and submit its claim as provided therein.
     4. If CPR or the CD provides for an adjustment to any Contract Sum, the adjustment shall be based on one of the following methods:
        1. Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation.
        2. Contractor to proceed on cost reimbursable (force account) basis while negotiating towards a firm price.
        3. Cost to be determined in a manner agreed.
     5. Change Directive signed by Contractor indicates the agreement of Contractor therewith, including adjustment in Contract Sum or the method for determining them.  Such agreement shall be effective immediately and shall be finalized as a Change Order.  Where Owner authorizes CD work on a time and materials basis up to a maximum amount, then Contractor shall promptly advise Owner upon reaching 75% of such maximum amount, otherwise Contractor shall accept fully the risk of completing the CD work without exceeding such maximum amount.
     6. If Contractor does not respond promptly or disagrees with the method for adjustment (or non-adjustment) in the Contract Sum, the method and the adjustment shall be determined by Owner on the basis of the Contract Documents and the reasonable expenditures and savings of those performing the Work attributable to the change.  If the parties still do not agree on the proper adjustment due to a Change Directive, Contractor may file a Claim per Article 12 of Document 00 7200 (General Conditions) and/or Owner may direct the changed work through a unilateral change order.  Contractor shall keep and present an itemized accounting in a manner consistent with the SOV, together with appropriate supporting data.  Unless otherwise provided in the Contract Documents, costs for the purposes of this paragraph shall be limited to those provided herein.
     7. Pending final determination of cost to Owner, Contractor may include amounts not in dispute in its Applications for Payment.  The amount of credit to be allowed by Contractor to Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by Owner.  When both additions and credits covering related Work or substitutions are involved in a change, the allowance for Markup shall be figured on the basis of net increase, if any, with respect to that change.
  2. Owner Initiated Change Order (CO) Or Request For Proposal (RFP)
     1. Owner may initiate changes in the Work or Contract Time by issuing a Request for Proposal (RFP) or Change Order (CO) to Contractor.
     2. Owner may issue an RFP to Contractor.  Any RFP will detail all proposed changes in the Work and request a quotation of changes in Contract Sum and Contract Time from Contractor.
     3. In response to an RFP, Contractor shall furnish a Change Proposal Request (CPR) within 21 Business Days of Owner’s RFP.  Upon approval of CPR, Owner may issue a Change Directive directing Contractor to proceed with extra Work.
     4. If the parties agree on price and time for the work, the Owner will issue a Contact Change Order.  If the parties do not agree on the price or time for a CPR, Owner may either issue a CD or decide the issue per Article 12 of Document 00 7200 (General Conditions).  Contractor shall perform the changed Work notwithstanding any claims or disagreements of any nature.

  1.04 Procedures that Apply to Contractor- and Owner-Initiated Change Orders

  1. Adjustment of Schedules to Reflect Change Orders or CDs
     1. Contractor shall revise Schedule of Values and Application for Payment forms to record each authorized Change Order or CD as a separate line item and adjust the Contract Sum as shown thereon prior to the next monthly pay period.
     2. Contractor shall revise the Progress Schedules prior to the next monthly pay period, to reflect CO or CD.
     3. Contractor shall enter changes in Project Record Documents prior to the next monthly pay period.
  2. Required Documentation for Adjustments to Contract Amounts
     1. For all changes and cost adjustments requested, Contractor shall provide documentation of change in Contract Amounts asserted, with sufficient data to allow evaluation of the proposal.
     2. In all requests for compensation, cost proposals, estimates, claims and any other calculation of costs made under the Contract Documents, Contractor shall breakout and quantify costs of labor, equipment and materials identified herein, for Contractor and subcontractors of any tier.
     3. Contractor shall, on request, provide additional data to support computations for:
        1. Quantities of products, materials, labor and equipment.
        2. Taxes, insurance, and bonds.
        3. Justification for any change in Contract Time and new Progress Schedule showing revision due, if any.
        4. Credit for deletions from Contract, similarly documented.
     4. Contractor shall support each claim or computation for additional cost, with additional information including:
        1. Origin and date of claim or request for additional compensation.
        2. Dates and times Work was performed and by whom.
        3. Time records and wage rates paid.
        4. Invoices and receipts for products, materials, equipment and subcontracts, similarly documented.
        5. Credit for deletions from Contract, similarly documented.
  3. Responses and Disputes
     1. For all responses for which the Contract Documents do not provide a specific time period, recipients shall respond within a reasonable time.
     2. For all disputes arising from the procedures herein, Contractor shall follow Article 12 of Document 00 7200 (General Conditions).

  1.05 Cost Determination for Changes in Contract Amounts

  1. Calculation of Total Cost of Extra Work
     1. Total cost of changed Work, extra Work or of Work omitted shall be the sum of three components defined immediately below as: Component 1 (Direct Cost of Construction or Direct Costs); Component 2 (Markup); and, Component 3 (Bonds, Insurance, Taxes).
     2. Component 1:  Direct Costs of labor, equipment and materials, is calculated based upon actually incurred (or omitted) labor costs, equipment rental costs, and material costs, as defined herein;
     3. Component 2:  Markup on such actually incurred Direct Costs, is applied in the percentages identified below; and
     4. Component 3:  Actual additional costs for any additionally required bonds, insurance, and/or taxes by Contractor, Subcontractors, or other forces, defined herein, is calculated without markup.
     5. All amounts payable to Subcontractors under Components 1, 2, and 3: must be earned under the terms of the applicable Subcontracts; must be properly requested, documented and permitted under the terms of the applicable subcontract(s) and Contract Documents; and shall be payable only if changed Work complies with terms of Contract Documents.

  1.06 Measurement Of Direct Cost Of Construction (Cost Component 1)

  1. Composition of Component 1 (Direct Cost of Construction)
     1. Component 1 has three subcomponents, also referred to as labor, equipment, and materials (LEM):
        1. Labor (Component 1A)
        2. Equipment (Component 1B)
        3. Materials (Component 1C)
  2. Measurement of Cost of Labor (Component 1A)
     1. Cost of Labor shall be calculated as: Cost of labor for workers (including forepersons when authorized by Owner) used in actual and direct performance of the subject work, whether employer is Contractor, Subcontractor or other forces, in the sum of the following:
        1. Actual Wages: Actual wages paid shall include any employer payments to or on behalf of workers for health and welfare, pension, vacation, and similar purposes.
        2. Labor surcharge: Payments imposed by local, county, state, and federal laws and ordinances, and other payments made to, or on behalf of, workers, other than actual wages as defined, such as worker’s compensation insurance.  Such labor surcharge shall not exceed generally accepted standards in the State for labor rates in effect on date upon which extra Work is accomplished.
        3. Cost of labor shall include no other costs, fees or charges.
     2. Labor cost for operators of equipment owned and operated by Contractor or any Subcontractor, shall be no more than rates of such labor established by collective bargaining agreements for type of worker and location of Work, whether or not owner-operator (i.e., Contractor or Subcontractor) is actually covered by such an agreement.
     3. Cost of labor shall be recorded and documented in certified payroll records, maintained in the form customary and/or required in the State, and delivered to Owner weekly.
  3. Measurement of Cost of Equipment (Component 1B)
     1. Measurement of Component 1B (Cost of Equipment).  Cost of Equipment shall be calculated as: Cost of equipment used in actual and direct performance of the subject work, whether by Contractor, Subcontractor or other forces.  Cost of Equipment shall be calculated as herein described.
     2. For rented equipment, cost will be based on actual rental invoices, appropriate for the use and duration of the work.  Equipment used on extra Work shall be of proper size and type.  If, however, equipment of unwarranted size or type and cost is used, cost of use of equipment shall be calculated at rental rate for equipment of proper size and type, as determined by Owner.
     3. Equipment rental cost for Contractor or Subcontractor-owned equipment, shall be determined by reference to, and not in excess of, the generally accepted standards in the State for equipment rental rates in effect on date upon which extra Work is accomplished.  If there is no applicable rate for an item of equipment, then payment shall be made for Contractor or Subcontractor-owned equipment at rental rate listed in the most recent edition of the Caltrans Standard Schedules and Specifications, and absent a rental rate therein, then the Association of Equipment Distributors (AED) book.
     4. In all cases, rental rates paid shall be deemed to cover cost of fuel, oil, lubrication, supplies, small tools, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, and all incidentals.
     5. Unless otherwise specified, manufacturer’s ratings, and manufacturer-approved modifications, shall be used to classify equipment for determination of applicable rental rates.  Individual pieces of equipment or tools not listed in said publication and having a replacement value of $100 or less, whether or not consumed by use, shall be considered to be small tools and no payment will be made therefore as payment is included in payment for labor.  Rental time will not be allowed while equipment is inoperative due to breakdowns.
     6. For equipment on Site, rental time to be paid for equipment shall be time equipment is in operation on extra Work being performed or on standby as approved by Owner.  The following shall be used in computing rental time of equipment:
        1. When hourly rates are listed, less than 30 minutes of operation shall be considered to be ½ hour of operation.
        2. When daily rates are listed, less than four hours of operation shall be considered to be ½ Day of operation.
        3. Rates shall correspond to actual rates paid by Contractor, i.e., if Contractor pays lower weekly or monthly rates, then same shall be charged to Owner.
     7. For equipment that must be brought to Site to be used exclusively on extra Work, cost of transporting equipment to Site and its return to its original location shall be determined as follows:
        1. Owner will pay for costs of loading and unloading equipment.
        2. Cost of transporting equipment in low bed trailers shall not exceed hourly rates charged by established haulers.
        3. Cost of transporting equipment shall not exceed applicable minimum established rates of California Public Utilities Commission or appropriate State Dept. of Transportation.
        4. Owner will not make any payment for transporting and loading and unloading equipment if equipment is used on Work in any other way than upon extra Work.
        5. Rental period may begin at time equipment is unloaded at Site of extra Work and terminate at end of the performance of the extra Work or Day on which Owner directs Contractor to discontinue use of equipment, whichever first occurs.  Excluding Saturdays, Sundays, and Owner legal holidays, unless equipment is used to perform extra Work on such Days, rental time to be paid per Day shall be four hours for zero hours of operation, six hours for four hours of operation and eight hours for eight hours of operation, time being prorated between these parameters.  Hours to be paid for equipment that is operated less than eight hours due to breakdowns, shall not exceed eight less number of hours equipment is inoperative due to breakdowns.
     8. Employee vehicles are not part of Component 1A, rather, are included within Component 2 (Markup).
     9. Cost of Equipment shall include no other costs, fees or charges.
  4. Measurement of Cost of Material (Component 1C)
     1. Cost of Material shall be calculated as herein described.  Cost of such materials will be cost to purchaser (Contractor, Subcontractor or other forces) from supplier thereof, except as the following are applicable:
     2. If cash or trade discount by actual supplier is offered or available to purchaser, it shall be credited to Owner notwithstanding fact that such discount may not have been taken.
     3. For materials salvaged upon completion of Work, salvage value of materials shall be deducted from cost, less discounts, of materials.
     4. If cost of a material is, in opinion of Owner, excessive, then cost of material shall be deemed to be lowest current wholesale price at which material is available in quantities concerned delivered to Site, less any discounts as provided in this Paragraph.
     5. Cost of Material shall include no other costs, fees or charges.

  1.07 Measurement and Payment of Markup (Cost Component 2)

  1. Markup Percentages for Changed Work (Component 2)
     1. Markup on Direct Cost of labor, materials and equipment for extra Work pursuant to the Contract Documents performed by Contractor shall be 15%.
     2. When extra Work is performed by Subcontractors, regardless of the number of tiers, total Markup on Component 1 Direct Costs shall be 20%.  Contractor and its Subcontractors shall divide the 20% as they may agree.
     3. Under no circumstances shall the total Markup on any extra Work exceed 20%, stated as a percent of the Direct Cost of labor, equipment and materials.  This limitation shall apply regardless of the actual number of subcontract tiers.
     4. On proposals covering both increases and decreases in Contract Sum, Markup shall be allowed on the net increase only as determined above.  When the net difference is a deletion, no percentage for Markup shall be allowed, but rather an appropriate percentage deduction shall be issued in the amount of the net difference.
  2. Measurement and Payment of Markup (Component 2)
     1. Markup (Component 2) provides complete compensation to Contractor and all Subcontractors for:
        1. All Contractor and Subcontractor profit;
        2. All Contractor and Subcontractor home-office overhead;
        3. All Contractor and Subcontractor assumption of risk assigned to Contractor under the Contract Documents;
        4. Subject to the qualifications below regarding self-performed work, all General Conditions and General Requirements of Contractor (and, if applicable, Subcontractors).
     2. Profit.  Compensation for profit included within Component 2 (Markup), includes without limitation: Fees of all types, nature and description; and Profit and margins of all types, nature and description.
     3. Home Office Expenses.  Compensation for home office expenses included within Component 2 (Markup), includes without limitation: Salaries and other compensation of any type of Contractor’s and Subcontractor’s personnel (management, administrative and clerical), and all direct and indirect operating, travel, payroll, safety, storage, quality control, maintenance and overhead costs of any nature whatsoever, incurred by Contractor and Subcontractors at any location other than the Project specific site office, including without limitation, Contractor’s principal or branch offices; insurance premiums other than those for Project specific insurance directed by the Owner in a change order; all hardware, software, supplies and support personnel necessary or convenient for Contractor’s capture, documentation and maintenance of its costs and cost accounting data and cost accounting and control systems and work progress reporting.
     4. Assumption of Risk.  Compensation for Contractor’s and Subcontractor’s assumption of risk under the Contract Documents, included within Component 2 (Markup), includes, without limitation, loss, cost, damage, expense or liability resulting directly or indirectly from any of the following causes (unallowable costs), for Contractor and Subcontractors of any tier: noncompliance with the Contract Documents, fault or negligence, defective or non-conforming Work, by Contractor or any Subcontractor or Vendor of any tier or anyone directly or indirectly employed by any of them, or for whose acts or omissions any of them are responsible or liable at law or under the Contract Documents; cost overruns of any type; costs in excess of any lump sum, not to exceed amount or GMP; costs resulting from bid or “buy out” errors, unallocated scope, or incomplete transfer of scope or contract terms to Subcontractors; any costs incurred by Contractor relating to a Change in the Work without a Change Order or Change Directive in accordance with the Contract Documents; costs for work or materials for which no price is fixed in the Contract Documents, unless it is expressly specified that such work or material is to be paid for as extra work.
     5. General Conditions and Division 1 General Requirements.  Compensation for Contractor’s (and, if applicable Subcontractors’) General Conditions and General Requirements Costs included within Component 2 (Markup) includes compensation for: Contractor’s direct costs, without overhead or profit, for salaries and related forms of compensation and employer’s costs for labor and personnel costs, of Contractor’s employees and subconsultant’s employees (if any), while and only to the extent they are performing Work at the Project Site, and all “General Requirements Costs” below.  Personnel and Work compensated by this Component include, without limitation: All required Project management responsibilities; all on-site services; monthly reporting and scheduling; routine field inspection of Work; general superintendence; general administration and preparation of cost proposals, schedule analysis, change orders and other supporting documentation as necessary;  salaries of project superintendent, project engineers, project managers, safety manager, other manager, timekeeper, and secretaries; all cost estimates and updates thereto; development, validation and updates to the project schedule; surveying; and estimating. General Requirements Costs included within Component 2 (Markup) include, without limitation: all scheduling hardware, software, licenses, equipment, materials and supplies; purchase, lease or rental, build out, procurement, supporting equipment and maintenance of temporary on‑Site facilities, Project field and office trailers and other temporary facilities, office equipment and supporting utilities; platforms, fencing, cleanup and jobsite security; temporary roads, parking areas, temporary security or safety fencing and barricades, etc.; all Contractor’s motor vehicles used by any Contractor’s personnel, and all costs thereof; all health and safety requirements, required by law or Owner procedures; all surveying; all protection of Work; handling and disposal fees; final cleanup; repair or maintenance; other incidental Work; all items, activities and function similar to any of those described above; all travel, entertainment, lodging, board and the like.
     6. Personnel compensated by the Markup Component do not include workers of foreman level or below in the case of self-performed work; rather, such personnel shall be treated as a Direct Cost of Construction.  Costs compensated by Component 2 (Markup) do not include temporary measures specifically required by the changed work, not otherwise required or ongoing in the prosecution of the Work, that commence specifically to support the changed work and conclude with the completion of the changed work.  Such costs shall be treated as Direct Costs of Construction.  Examples of General Requirements costs that this component may not cover are the following: temporary barricades or fencing of specific areas required specifically for the changed work; cranes required specifically for the changed work; and extra security required specifically for the changed work.

  1.08 Measurement and Payment of Bonds, Insurance, Taxes (Component 3)

  1. Measurement of Bonds, Insurance, Taxes (Component 3)
     1. Component 3 (Bonds, Insurance, Taxes) consists of the cost of bonds, insurance and taxes, also referred to as BIT.  All State sales and use taxes, applicable County and applicable City sales taxes, shall be included. Federal and Excise tax shall not be included.
     2. There is no markup on BIT.

  1.09 Effect Of Payment

  1. Change Order Compensation is All Inclusive
     1. Except as provided expressly below regarding changes that extend the Contract Time, payment of calculated cost of extra work constitutes full and complete compensation for costs or expense arising from the extra Work, and is intended to be all inclusive.
     2. Payment for Direct Cost of Construction (Component 1 or LEM) is intended to be all-inclusive.  Any costs or risks not delineated within cost of labor, equipment or materials herein, shall be deemed to be within the costs and risks encompassed by the applicable Markups and unallowable in any separate amount.
     3. Payment of Markup (Component 2) is intended to be all-inclusive.  Contractor waives claims for any further or different payment of cost and risk items delineated herein, other than the allowable percentage markup on costs set forth in the Contract Documents; such separate, further or different cost or risk items shall be unallowable, waived and liquidated within the allowable percentage markup.
     4. Contractor shall recover no other costs or markups on extra work of any type, nature or description.
  2. Exception for Changes Extending Contract Time
     1. Where a change in the Work extends the Contract Time, Contractor may request and recover additional, actual direct LEM costs, provided Contractor can demonstrate such additional costs are (i) actually incurred performing the Work, (ii) not compensated by Component 2 (Markup), and (iii) directly result from the extended Contract Time.  Contractor shall make such request and provide such documentation following all required procedures, documentation and time requirements in the Contract Documents, and subject to all contract limitations of liability.  Contractor may not seek or recover such costs using formulas (e.g., Eichleay).
  3. Limits of Liability/Accord and Satisfaction
     1. The foregoing limits of compensation apply in all cases of claims for changed Work, whether calculating Change Proposal Requests, Change Orders or CDs, or calculating claims and/or damages of all types, and applies even in the event of fault, negligence, strict liability, or tort claims of all kinds, including strict liability or negligence.  Contractor may recover no other costs arising out of or connected with the performance of extra Work, of any nature.
     2. Under no circumstances may Contractor claim or recover special, incidental or consequential damages against Owner, its representatives or agents, whether arising from breach of contract, negligence, strict liability or other tort or legal theory, unless specifically and expressly authorized in the Contract Documents.
     3. No change in Work shall be considered a waiver of any other condition of Contract Documents.  No claim shall be made for anticipated profit, for loss of profit, for damages, or for extra payment whatever, except as expressly provided for in Contract Documents.
     4. Accord and Satisfaction:  Every Change Order and accepted CD shall constitute a full accord and satisfaction, and release, of all Contractor (and if applicable, Subcontractors) claims for additional time, money or other relief arising from or relating to the subject matter of the change including, without limitation, impacts of all types, cumulative impacts, inefficiency, overtime, delay and any other type of claim.  Contractor may elect to reserve its rights to disputed claims arising from or relating to the changed Work at the time it signs a Change Order or approves a CD, but must do so expressly in a writing delivered concurrently with the executed Change Order or approved CD, and must also submit a Claim for the reserved disputed items pursuant to Article 12 of Document 00 7200 (General Conditions) no later than 30 Days after Contractor’s first written notice of its intent to reserve rights.  Execution of any Change Order or CD shall constitute Contractor’s representation of its agreement with this provision.

  1.10 Miscellaneous Requirements

  1. Owner-Furnished Materials
     1. Owner reserves right to furnish materials as it deems advisable, and Contractor shall have no claims for costs and Markup on such materials.
  2. Records and Certification
     1. All charges shall be recorded daily and summarized in Change Proposal Request form attached hereto.  Contractor or authorized representative shall complete and sign form each day.  Contractor shall also provide with the form: the names and classifications of workers and hours worked by each; an itemization of all materials used; and a list by size type and identification number of equipment and hours operated.
     2. Owner shall have the right to audit all records in possession of Contractor relating to activities covered by Contractor’s claims for modification of Contract, including CD Work.  This right shall be specifically enforceable, and any failure of Contractor to voluntarily comply shall be deemed an irrevocable waiver and release of all claims then pending that were or could have been subject to Article 12 of Document 00 7200 (General Conditions).  

  PART 2 PRODUCTS - NOT USED

  PART 3 EXECUTION - NOT USED

  END OF SECTION

   

• BID OPENING AND EVALUATION —

  1. Determination of Apparent Low Bidder

  1. The City will open each Bidders’ electronic bid at the time and place indicated in Document 00 1116 (Notice Inviting Bids), initially evaluate them for responsiveness, and determine an Apparent Low Bidder as specified herein and in Document 00 1116 (Notice Inviting Bids) and Document 00 4113 (Bid Form). 
  2. Apparent Low Bid will be determined solely on the total amount of all Bid items based on terms contained in Document 00 1116 (Notice Inviting Bids) and Document 00 4113 (Bid Form), [or as set forth in Paragraph 2.03 of Document 00 1116 (Notice Inviting Bids)]  All Bidders are required to submit Bids on all Bid items (including any alternates).
  3. Owner will evaluate the Apparent Low Bidder for responsiveness and for responsibility. 
  4. If Apparent Low Bidder is determined to be non-responsive or non-responsible, then Owner may proceed to the next Apparent Low Bidder’s Bid pursuant to any procedures determined in its reasonable discretion and proceed for all purposes as if this Apparent Low Bidder were the original Apparent Low Bidder. 

  2. Evaluation of Bids

  1. The City will only accept completed bid packages submitted electronically to the City through the City's eProcurement portal. Bidder’s failure to submit all required documents strictly as required entitles Owner to reject the Bid as non-responsive. All Bidders must submit Bids containing each of the fully executed documents supplied in this Project bid documents. 
  2. In evaluating Bids, the City will consider Bidders’ qualifications, whether or not the Bids comply with the prescribed requirements, unit prices, and other data, as may be requested in Document 00 4113 (Bid Form) or prior to the Notice of Award. 
  3. The City may conduct reasonable investigations and reference checks of Bidder and other persons and organizations as Owner deems necessary to assist in the evaluation of any Bid and to establish Bidder’s responsibility, qualifications, financial ability, and capability to perform the Work in accordance with the Contract Documents to Owner’s satisfaction within the prescribed time.  Submission of a Bid constitutes Bidder’s consent to the foregoing.
  4. The City shall have the right to consider information provided by sources other than Bidder.  Owner shall also have the right to communicate directly with Bidder’s surety regarding Bidder’s bonds.
  5. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices.  Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.  Discrepancies between written words and figures will be resolved in favor of the words.
  6. Bids shall be deemed to include the written responses of the Bidder to any questions or requests for information of Owner made as part of Bid evaluation process after submission of Bid. 

  3. Reservation of Rights

  1. Owner reserves the right to: 1. Reject any or all nonconforming, non-responsive, unbalanced, or conditional Bids; and 2. To reject the Bid of any Bidder as non-responsive as a result of any error or omission in the Bid.
  2.  If Owner believes that it would not be in the best interest of Project to make an award to that Bidder, whether because the Bid is not responsive, the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. 
  3. For purposes of this paragraph, an “unbalanced Bid” is one having nominal prices for some Bid items and enhanced prices for other Bid items.
  4. Owner may retain Bid securities and Bid bonds of other than the Apparent Low Bidder for a period of 90 Days after award or full execution of the Contract, whichever first occurs.
  5. Owner may reject any or all Bids and waive any informalities or minor irregularities in the Bids.  Owner also reserves the right, in its discretion, to reject any or all Bids and to re-Bid the Project.

  4. Required Contractor and Subcontractor Registration

  1. Owner shall accept Bids only from Bidders that (along with all Subcontractors listed in Document 00 4336, Subcontractors List) are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. 
  2. Subject to Labor Code Sections 1771.1(c) and (d), any Bid not complying with paragraph 4.A, above, shall be returned and not considered; provided that if Bidder is a joint venture (Business & Professions Code Section 7029.1) or if federal funds are involved in the Contract (Labor Code Section 1771.1(a)), Owner may accept a non-complying Bid provided that Bidder and all listed Subcontractors are registered at the time of Contract award.
• MANDATORY BID PROTEST PROCEDURES —

  1. Submission of Written Bid Protest

  1. Any Bid protest in connection with the construction contract or work described in general in Document 00 1116 (Notice Inviting Bids) must be submitted in writing to the City’s Director of Public Works, 1800 Francisco Boulevard, Pacifica, CA 94044, before 4:00 p.m. of the fifth Business Day following opening of Bids.
  2. The initial protest document must contain a complete statement of the basis for the protest. 
  3. The protest must refer to the specific portion of the document that forms the basis for the protest. 
  4. The protest must include the name, address, and telephone number of the person representing the protesting party. 
  5. Only Bidders who the Owner otherwise determines are responsive and responsible are eligible to protest a Bid; protests from any other Bidder will not be considered.  In order to determine whether a protesting Bidder is responsive and responsible, Owner may evaluate all information contained in any protesting Bidder’s Bid and conduct the same investigation and evaluation as Owner is entitled to take regarding an Apparent Low Bidder.
  6. The party filing the protest must concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest.  Such parties shall include all other Bidders who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.

  2. Exclusive Remedy

  The procedure and time limits set forth in this paragraph are mandatory and are Bidder’s sole and exclusive remedy in the event of Bid protest.  Bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue the Bid protest, including filing a Government Code Claim or legal proceedings.  A Bidder may not rely on a protest submitted by another Bidder but must timely pursue its own protest.

• SECTION 01 3119 PROJECT MEETINGS —

  PART 1 GENERAL

  1.01 Summary

  1. Section includes description of required project meetings for construction phase of the Work.

  1.02 Preconstruction Conference

  1. Preconstruction Conference. Owner will call for and administer Preconstruction Conference at time and place to be announced (usually the week prior to start of Work at the Site).
  2. Contractor, all major Subcontractors, and major suppliers shall attend Preconstruction Conference.  Agenda may include, without limitation, the following items:
     1. Schedules
     2. Contractor’s Initial Progress Schedule
     3. Contractor’s Schedule of Values
     4. Contractor’s Schedule of Submittals
     5. Personnel and vehicle permit procedures
     6. Use of premises
     7. Location of the Contractor’s on-Site facilities
     8. Security 9
     9. Housekeeping 1
     10. Submittal and RFI procedures
     11. Inspection and testing procedures, on-Site and off-Site
     12. Utility shutdown procedures 1
     13. Control and reference point survey procedures
     14. Injury and Illness Prevention Program 1
     15. Jurisdictional agency requirements
  3. Owner will distribute copies of minutes to attendees.  Attendees shall have seven Days to submit comments or additions to minutes. Minutes will constitute final memorialization of results of Preconstruction Conference.

  1.03 Schedule Review Meeting

  1. Review of Initial Draft Schedules.  Contractor shall meet with Owner prior to Commencement Date of Work under Contract Documents and conduct initial review of Contractor’s draft Shop Drawing and Sample Submittal Schedule, draft Schedule of Values, and Initial Progress Schedule.  Authorized representative in Contractor’s organization, designated in writing, who will be responsible for working and coordinating with Owner relative to preparation and maintenance of Progress Schedule shall attend the initial schedule review meeting.
  2. Pre-Payment Review of Second Draft Schedules.
     1. Unless otherwise provided in Contract Documents, at least 15 Days before submission of the first application for payment, a conference attended by Contractor, Owner, and others as appropriate, will be held to review acceptability of the required schedules, first reviewed at the Preconstruction Conference.  Contractor shall have an additional seven Days to make corrections and adjustments and to complete and resubmit the schedules. Schedules shall be updated and completed as required by Sections 01 2000 (Measurement and Payment), 01 3200 (Progress Schedules) and 01 3300 (Submittals).
  3. Contractor shall have its manager, superintendent, scheduler, and key Subcontractor representatives, as required by Owner, in attendance.  The meeting will take place over a continuous one Day period.  Owner review will be limited to submittal conformance to Contract Documents’ requirements including, but not limited to, coordination requirements.  Owner review may also include:
     1. Clarifications of Contract Requirements.
     2. Directions to include activities and information missing from submittal.
     3. Requests of Contractor to clarify its schedule.
     4. Within five Days of the Schedule Review Meeting, Contractor shall respond in writing to all questions and comments expressed by Owner at the meeting.
  4. Owner will administer Schedule Review Meetings and shall distribute minutes of Schedule Review Meetings to attendees.  Attendees shall have five Days to submit comments or additions to minutes.  Minutes will constitute final memorialization of results of Schedule Review Meetings.

  1.04 Weekly Project Meetings

  1. Owner will schedule and administer weekly progress meetings throughout duration of Work.  Progress meetings will be held weekly unless otherwise directed by Owner. Meetings shall be held at Owner’s Offices unless otherwise specified in Contract Documents.
     1. Owner’s Representative will prepare agenda and distribute it four Days in advance of meeting to Contractor.
     2. Participants with agenda items shall present them.
     3. Owner shall record and distribute the meeting minutes.  Minutes shall be distributed by the Owner to the Contractor within three business days after the meeting.  Contractor shall distribute the minutes to those affected by decisions made at meeting.  Attendees shall have five business days to submit comments or additions to the minutes.  Minutes shall constitute final memorialization of results of meeting.
     4. Progress meetings shall be attended by Contractor’s job superintendent, major Subcontractors and suppliers, Owner, Owner consultants and Architect (at Owner’s option), and others as appropriate to agenda topics for each meeting.
     5. Agenda may contain the following items, as appropriate:
        1. Review, revise as necessary, and approve previous meeting minutes
        2. Review of Work progress since last meeting
        3. Status of Construction Work Schedule, delivery schedules, adjustments
        4. Submittal, RFI, and Change Order status
        5. Review of the Contractor’s safety program activities and results, including report on all serious injury and/or damage accidents
        6. Other items affecting progress of Work

  1.05 Progress Schedule and Billing Meetings

  1. A meeting will be held on approximately the 20^th of each month to review the schedule update submittal and progress payment application.
  2. At this meeting, at a minimum, the following items will be reviewed:
     1. Percent complete of each activity;
     2. Time impact evaluations for Change Orders and Time Extension Request;
     3. Actual and anticipated activity sequence changes;
     4. Actual and anticipated duration changes; and
     5. Actual and anticipated Contractor delays.
  3. These meetings are considered a critical component of overall monthly schedule update submittal and Contractor shall have appropriate personnel attend.  At a minimum, Contractor’s General Superintendent and Scheduler shall attend these meetings.

  1.06 Special Meetings

  1. Any party may call special meetings by notifying all desired participants and Owner five Days in advance, giving reason for meeting.  Special meetings may be held without advance notice in emergency situations.
  2. At any time during the progress of Work, Owner shall have authority to require Contractor to schedule a meeting with Owner and of any or all of the Subcontractors engaged in Work or in other work, to address matters of concern to the Owner.
  3. Contractor shall schedule and conduct coordination meetings as necessary to discharge coordination responsibilities in Document 00 7200 (General Conditions).  Contractor shall give Owner five Days written notice of coordination meetings. Contractor shall maintain minutes of coordination meetings.  Attendees shall have seven Days to submit comments or additions to minutes.  Minutes will constitute final memorialization of results of coordination meetings.
  4. Contractor to submit minutes of meetings to all attendees within three Days of the meeting.

  1.07 Safety Meetings

  1. Conduct monthly Contractor Safety Committee meetings.
  2. Conduct weekly toolbox safety talks.

  PART 2 PRODUCTS - NOT USED

  PART 3 EXECUTION - NOT USED

  END OF SECTION

   

• AWARD AND EXECUTION OF CONTRACT —

  1. Notice of Award and Submittal of Executed Contract Documents

  1. If Contract is to be awarded, it will be awarded to the lowest responsible responsive Bidder.  Owner will issue Document 00 5100 Notice of Award.  Such Award, if made, will be made within 90 days after the opening of the Bids.
  2. Successful Bidder must execute and submit to Owner the “Required Contract Documents and Proof of Insurance” set forth below, by 5:00 p.m. of the [20^th] Day following the Notice of Award. 

  2. Required Contract Documents and Proof of Insurance

  1. Document 00 5200 (Construction Services Agreement), fully executed by successful Bidder.  Submit [two] originals, each bearing an original signature on the signature page and initials on each page.
  2. Insurance certificates and endorsements required by Document 00 5200 Appendix C:  Submit one original set.
  3. If Contract Sum exceeds (or is expected to exceed) $25,000, Construction Performance Bond in form provided at Document 00 6113.13 Appendix D, fully executed by successful Bidder and surety, in the amount set forth therein.  Submit one original.
  4. If Contract Sum exceeds (or is expected to exceed) $25,000, Construction Labor and Material Payment Bond in form provided at Document 00 6113.16 Appendix E, fully executed by successful Bidder and surety, in the amount set forth therein.  Submit one original.
  5. Any other items identified by Owner in Document 00 5100 (Notice of Award).

  3. Failure to Execute and Deliver Documents:

  1. If Bidder to whom Contract is awarded, within the period described in this Document 00 2113, fails or neglects to execute and deliver all required Contract Documents and file all required bonds, insurance certificates, and other documents, Owner may, in its sole discretion, rescind the award, recover on Bidder’s surety bond, or deposit Bidder’s cashier’s check or certified check for collection, and retain the proceeds thereof as liquidated damages for Bidder’s failure to enter into the Contract Documents.  Bidder agrees that calculating the damages Owner may suffer as a result of Bidder’s failure to execute and deliver all required Contract Documents would be extremely difficult and impractical and that the amount of Bidder’s required Bid security shall be the agreed and presumed amount of Owner’s damages.
  2. Upon such failure to timely deliver all required Contract Documents as set forth herein, Owner may determine the next Apparent Low Bidder and proceed accordingly.  Such Award, if made, will be made within 60 days after the opening of the Bids.
• SECTION 01 3200 PROGRESS SCHEDULES AND REPORTS —

  PART 1 GENERAL

  1.01 Summary

  1. Section includes description of requirements and procedures for submitting progress schedules and submittals.
  2. Contractor shall employ competent scheduling personnel or a schedule consultant with experience performing scheduling required herein on a minimum of two prior, similar projects, and with first-hand knowledge of this Project.

  1.02 General

  1. The Progress Schedule shall be cost-loaded based on Work Breakdown Structure/Schedule of Values as approved by Owner.
  2. Progress Schedule shall be based on, and incorporate milestone and completion dates specified, in Contract Documents.
  3. Overall time of completion and time of completion for each milestone shown on Progress Schedule shall adhere to times in Document 00 5200 (Agreement), unless an earlier (advanced) time of completion is requested by Contractor and agreed to by Owner.  A Contract Modification shall formalize any such agreement.
  4. Progress Schedule shall be the basis for evaluating job progress, payment requests, and time extension requests.  Responsibility for developing Contract schedule and monitoring actual progress as compared to Progress Schedule rests with Contractor.
  5. Failure of Progress Schedule to include any element of the Work or any inaccuracy in Progress Schedule will not relieve Contractor from responsibility for accomplishing the Work in accordance with the Contract.  Owner acceptance of Progress Schedule shall be for its use in monitoring and evaluating job progress, payment requests, and time extension requests, and shall not, in any manner, impose a duty of care upon Owner, or act to relieve Contractor of its responsibility for means and methods of construction.
  6. Transmit to Owner, no less than monthly, current progress schedule in electronic form, to include the entire electronic file without abridgment, inclusive of all updates.

  1.03 Contractor to Submit Baseline and Progress Schedules

  1. Contractor shall submit an Initial Contract Schedule two weeks prior to the first Application for Payment [OPTIONAL –no later than the Preconstruction Conference as provided in Document 00 7200 (General Conditions)]. Contractor’s Initial Contract Schedule is subject to Owner’s review and comments. The approved Initial Contract Schedule shall be referred to as the Baseline Schedule.
  2. Contractor’s Baseline Schedule and progress schedules shall show Contractor’s construction and procurement activities including, without limitation, equipment procurement and delivery (Contractor and Owner supplied), activities with Subcontractors and suppliers, major submittal reviews, commissioning of systems, use of major equipment on site, and necessary interface with Owner and third parties required to complete the Work in a timely manner and in accordance with Contract Time.

  1.04 Schedule Requirements

  1. Unless Owner agrees in writing otherwise, progress schedule shall be on Primavera P6, most current version of Sure Track, or equivalent software acceptable to Owner, as Owner may specify, which Contractor shall prepare and supply to Owner, with all datapoint entries completed for start dates, necessary work activities, durations (not longer than 21 calendar days), and logic ties.
  2. Contractor shall develop a network plan and schedule for the Project demonstrating complete fulfillment of all Contract requirements, shall keep the network plans up to date in accordance with the requirements of this Section 01 3200, and shall utilize the Critical Path Method (CPM) in planning, coordinating, performing and reporting the work under this contract, including all activities of Subcontractors, equipment vendors, and suppliers, and in assisting Owner in monitoring the progress of the Work.
  3. CPM network is a graphic depiction of the Contractor’s construction plan, showing the sequential steps needed to reach completion of the Work within the prescribed Contract Time. It shall depict events and tasks as activities, and their interrelationships, and shall recognize the progress that must be made on one activity before subsequent activities can begin. These activities shall be logically represented in a CPM network showing their interrelationships in a chronological fashion. As each activity has a time allocation, the completed network shall show the critical path of activities that must be completed on time if the entire Project is not to be delayed. It shall also be possible to identify the earliest and latest start and finish times for each activity if the overall Project is not to be delayed. Therefore, the CPM network shall be comprehensive and shall include all interdependencies and interactions required to perform the Work of the Project.
  4. Contractor’s Baseline Schedule and Progress Schedules shall be in the form of a CPM (arrow) diagram. [OPTIONAL - may be in the form of a CPM (arrow) diagram or, if Owner agrees in writing, a bar chart. IF THIS LATTER OPTION IS USED, NEED TO MODIFY OR DELETE ¶¶ 1.02 B AND C.]. Contractor shall provide Owner with native format electronic schedules and hard copies of the Baseline Schedule, schedule updates, and look-ahead schedules. All electronic and hard copies of the Progress Schedule that Contractor provides to Owner shall indicate the critical path of the Work (in red) and shall show a logical progression of the Work through (Substantial and Final) completion within Contract Time.
  5. Unless Owner agrees in writing otherwise, Progress Schedules shall also show early and late start and finish dates and total available float (float to the successor activity’s late start date) for each activity.
  6. Owner has no obligation to accept an early completion schedule.

  1.05 Monthly Updates

  1. Contractor’s Progress Schedule shall be updated monthly to reflect actual progress.  The schedule shall be subject to Owner’s review and acceptance for use in monitoring Contractor’s Work and evaluating Applications for Payment.
  2. Contractor shall supply Owner with an electronic copy of the updated Progress Schedule with each monthly Applications for Payment.  Contractor shall provide Owner with three-week look-ahead schedules weekly, showing in detail and activities and resources scheduled for the immediate two week period.
  3. The three-week look-ahead schedule shall list the trades scheduled for the following three weeks, the approximate resource assignment, and the progress in the past week on trades and work activities for the prior week’s three-week look- ahead schedule for the prior week.  The three-week look-ahead schedule shall be produced and presented at each weekly progress meeting and shall be coordinated with the schedule required under this Section 01 3200.

  1.06 General

  1. Progress Schedule shall be based on, and incorporate milestone and completion dates specified, in Contract Documents.
  2. Overall time of completion and time of completion for each milestone shown on Progress Schedule shall adhere to times in Document 00 5200 (Agreement), unless an earlier (advanced) time of completion is requested by Contractor and agreed to by Owner.  A Contract Modification shall formalize any such agreement.
  3. Progress Schedule shall be the basis for evaluating job progress, payment requests, and time extension requests.  Responsibility for developing Contract schedule and monitoring actual progress as compared to Progress Schedule rests with Contractor.
  4. Failure of Progress Schedule to include any element of the Work or any inaccuracy in Progress Schedule will not relieve Contractor from responsibility for accomplishing the Work in accordance with the Contract.  Owner acceptance of Schedule shall be for its use in monitoring and evaluating job progress, payment requests, and time extension requests, and shall not, in any manner, impose a duty of care upon Owner, or act to relieve Contractor of its responsibility for means and methods of construction.
  5. Transmit to Owner, no less than monthly, current Progress Schedule in electronic form, to include the entire electronic file without abridgment, inclusive of all updates.

  1.07 Initial and Original Progress Schedule

  1. Initial Schedule submitted for review at the Preconstruction Conference shall serve as Contractor’s schedule for up to 30 Days after the Notice to Proceed.
  2. Initial Schedule must indicate detailed plan for the Work to be completed in first 30 Days of the Contract; details of planned mobilization of plant and equipment; sequence of early operations; and procurement of materials and equipment.  Show Work beyond 30 Days in summary form.
  3. Contractor shall submit its Original Schedule for review no later than first progress payment.  Original Schedule and all updates shall comply with all standards herein.
  4. All Schedules shall be time-scaled.
  5. In lieu of providing a cost loaded schedule, Contractor shall provide owner with a monthly cash flow schedule, showing Contractor’s forecasted expenditures on a monthly basis through completion of the Project.  Contractor’s cash flow schedule shall be updated monthly and shall have sufficient detail and accuracy to form a reasonable basis, based upon currently available information, for Owner to project and plan for Project cash flow requirements for the Project duration.
  6. Except as otherwise expressly provided in this Section 01 3200, meet with Owner to review and discuss each Progress Schedule (i.e., Initial, Original and monthly updates) within seven (7) Days after each Progress Schedule has been submitted to Owner.
     1. Owner review and comment on any Progress Schedule shall be limited to Contract conformance (with sequencing, coordination, and milestone requirements).
     2. Contractor shall make corrections to Progress Schedule necessary to comply with Contract requirements and shall adjust Schedule to incorporate any missing information requested by Owner.  Resubmit Initial Schedule if requested by Owner.
  7. Initial Schedule shall identify the following milestone events:
     1. Notice to Proceed date(s)
     2. Substantial completion and project completion at each construction phase
     3. Start and completion dates for Work in each occupied space
     4. Utility connections
     5. Inspections
  8. Original Schedule and all updates shall identify all Work activities, in proper sequence for the completion of the Work.  Work activities shall include the following:
     1. Major Contractor-furnished equipment, materials, and building elements, and scheduled activities requiring submittals or Owner prior approval.
        1. Show dates for the submission, review, and approval of each submittal.  Dates shall be shown for the procurement, fabrications, delivery, and installation of major equipment, materials, and building elements, and for scheduled activities designated by Owner.
        2. A minimum of fifteen (15) working days shall be allotted for Owner review for each submittal.
     2. System test dates
     3. Dates Contractor request designated working spaces, storage areas, access, and other facilities to be provided by Owner
     4. Dates Contractor requests orders and decisions from Owner
     5. Dates Contractor requests Owner-furnished equipment
     6. Dates Contractor requests Owner-furnished utilities
     7. Connection and relocation of existing utilities
     8. Connecting to or penetrating existing structures
     9. Dates Contractor requests access to areas requiring removal of Asbestos containing materials by Owner
  9. If Contractor is of the opinion that any of the Work included on its Schedule has been impacted, submit to Owner a written Time Impact Evaluation (TIE) in accordance with this Section 01 3200.  The TIE shall be based on the most current update of the Initial Schedule.

  1.08 Schedule Format and Level of Detail

  1. Utilize Primavera computer-scheduling software, for all scheduling including schedule updates, and employ scheduling personnel experienced and competent in it.  For all activities or impacts shown in schedule, Contractor shall complete all data points in the software to specifically include the activities, their durations, their logic ties and their resources.
  2. Each Schedule (Initial, Original and updates) shall indicate all separate design, approvals, design reviews and submissions to authorities with jurisdiction, fabrication, long lead item procurement activities, procurement and field construction activities required for completion of the Work, including but not limited to the following:
     1. All Contractor, Subcontractor, and assigned Contractor work shall be shown in a logical work sequence that demonstrates a coordinated plan of work for all contractors.  The intent is to provide a common basis of acceptance, understanding, and communication, as well as interface with other contractors.
     2. Activities related to the delivery of Contractor and Owner-furnished equipment to be Contractor-installed per Contract shall be shown.
     3. Critical design and construction milestones;
     4. All activities shall be identified through codes or other identification to indicate the building (i.e. buildings, Site work) and Contractor/Subcontractor responsibility to which they pertain.
     5. Break up the Work schedule into activities of durations of approximately twenty-one (21) Work Days or less each, except for non-field construction activities or as otherwise deemed acceptable by Owner.
     6. Show the critical path in red.  For each activity, show early start, late start, early finish, late finish, durations measured in Days, float, resources, predecessor and successor activities, planned workday/week for the activity, material quantities, and scheduled/actual progress payments.
  3. Seasonal weather conditions (which do not constitute a delay as defined herein) shall be considered in the planning and scheduling of all work influenced by high or low ambient temperatures or presence of high moisture for the completion of the Work within the allotted Contract Time.
  4. Failure by Contractor to include any element of Work required for performance of the Work on the detailed construction schedule shall not excuse Contractor from completing all Work required within the Contract Time.
  5. A three-week “look ahead,” detailed daily bar chart schedule shall be updated and issued weekly in hard copy and electronically.
  6. Monthly updates shall include schedule sorts in hard copy, by bid item (geographic work area) with critical items shown in red float and with early/late start and finish dates, to facilitate meaningful review and assessment of schedule.

  1.09 Monthly Schedule Update Submittals

  1. Following acceptance of Contractor’s Initial Schedule, Contractor shall monitor progress of Work and adjust Schedule each month to reflect actual progress and any anticipated changes to planned activities.
     1. Each Schedule update submitted shall be complete, including all information requested for the Initial Schedule and Original Schedule submittal.
     2. Each update shall continue to show all Work activities including those already completed.  These completed activities shall accurately reflect “as built” information by indicating when activities were actually started and completed, and Contractor warrants the accuracy of as-built information as shown.
  2. A meeting will be held on approximately the 25^th of each month to review the Schedule update submittal and progress payment application.
     1. At this meeting, at a minimum, the following items will be reviewed: Percent complete of each activity; TIEs for Contract Modifications and Time Extension Request; actual and anticipated activity sequence changes; actual and anticipated duration changes; and actual and anticipated Contractor delays and critical issues.
     2. These meetings are considered a critical component of overall monthly schedule update submittal; have appropriate personnel attend.  At a minimum, Contractor’s General Superintendent and Scheduler shall attend these meetings.
     3. Plan on the meeting taking no less than four hours.
  3. Within five Days after monthly Schedule update meeting, Contractor shall submit on CD the updated Schedule, and reports and charts, both in hard copy and on a CD.
  4. Within 35 Days of receipt of above-noted revised submittals, Owner will either accept or reject monthly schedule update submittal.
     1. If accepted, percent complete shown in monthly update will be basis for Application for Payment by Contractor.  The schedule update shall be submitted as part of Contractor’s Application for Payment and a basis of such payment.
     2. If rejected, update shall be corrected and resubmitted by Contractor before the Application for Payment is submitted.  Owner may withhold five percent of monthly progress payment amount until acceptable schedule update is received.
  5. Neither updating, changing or revising of any report, curve, schedule or narrative submitted to Owner by Contractor under this Contract, Owner review or acceptance of any such report, curve, schedule or narrative, nor Owner failure to review same, shall have the effect of amending or modifying, in any way, the Contract Substantial Completion date or milestone dates or of modifying or limiting, in any way, Contractor’s obligations under this Contract.  Any Owner review is solely for Owner’s internal consideration to reasonably ascertain likelihood of Contractor’s achieving applicable Contract milestones, and Contractor may not rely thereon.

  1.10 Schedule Revisions

  1. Updating the Schedule (Initial and Original) to reflect actual progress shall not be considered revisions to the Schedule. Since scheduling is a dynamic process, however, revisions to activity durations and sequences are expected on a monthly basis.
  2. To reflect revisions to the Schedule, provide Owner with a written narrative with a full description and reasons for each Work activity that is revised.  For revisions affecting the sequence of Work, provide a schedule diagram that compares the original sequence to the revised sequence of Work.  Contractor shall clearly show and discuss any changes in the critical path, and provide the written narrative and schedule diagram for revisions three (3) Days in advance of the monthly schedule update meeting.
  3. Schedule revisions shall not be incorporated into any schedule update until Owner has reviewed the revisions.  Owner may request further information and justification for schedule revisions and, within three Days, provide Owner with a complete written narrative response to Owner request.
  4. If Owner does not accept Contractor’s revision, and Contractor disagrees with Owner position, Contractor has seven Days from receipt of Owner letter rejecting the revision, to provide a written narrative providing full justification and explanation for the revision.  Contractor’s failure to respond in writing within seven Days of Owner written rejection of a schedule revision shall be contractually interpreted as acceptance of Owner position, and Contractor waives its rights to subsequently dispute or file a claim regarding Owner position.  If Contractor files a timely response as provided in this paragraph, and the parties are still unable to agree, then Owner and Contractor’s rights shall be as provided in Document 00 72 00 (General Conditions), Article 12.
  5. At Owner discretion, Contractor can be required to provide Subcontractor certifications of performance regarding proposed schedule revisions affecting said Subcontractors.

  1.11 Recovery Schedule

  1. Owner may request If a recovery schedule should Contractor fall Schedule update shows a substantial completion date twenty-one (21 or more) Days behind any schedule Contract Substantial Completion date, or individual Milestone, which schedule shall show Contractor’s plan and resources committed to retain Contract  completion dates.
  2. The recovery schedule shall show the intended critical path., Contractor shall submit to Owner within seven Days the proposed revisions to recover the lost time.  As part of this submittal, Contractor shall provide a written narrative for each revision made to recapture the lost time.  If the revisions include sequence changes, Contractor shall provide a schedule diagram comparing the original sequence to the revised sequence of Work.  If Owner requests, Contractor shall show the intended critical path; secure appropriate Subcontractor and supplier consent to the recovery Schedule; submit a narrative explaining trade flow and construction flow changes, duration changes, added/deleted activities, critical path changes and identify all near critical paths and man hour loading assumptions for major Subcontractors.
  3. The revisions shall not be incorporated into any Schedule update until Owner has reviewed the revisions.
  4. If Owner does not accept Contractor’s revisions, Owner and Contractor shall follow the procedures set forth above regarding schedule revisions.
  5. At Owner discretion, Contractor can be required to provide Subcontractor certifications for revisions affecting said Subcontractors.

  1.12 Time Impact Evaluation For Contract Modifications And Other Delays

  1. When Contractor is directed to proceed with changed work or Subcontractors, or otherwise requests a time extension, Contractor shall prepare and submit, within 14 Days from the direction to proceed, a Time Impact Evaluation (TIE).
  2. When Contractor requests a time extension for any reason, Contractor shall submit a TIE, in accordance with Article 11 of Document 00 7200 and Section 01 2600, Article 1.02.C that provides information justifying the request and stating the extent of the adjustment requested for each specific change or alleged delay. Each TIE shall be in a form and content that is acceptable to Owner and that includes both a written narrative and a schedule diagram depicting how the changed Work or other impactwork affects other schedule activities.  The schedule diagram shall show how Contractor proposes to incorporate the changed Work or other impactwork in the schedule, and how it impacts the current Schedule update critical path or otherwise.  Contractor is also responsible for establishing time extensions based on the TIE’s impact on the critical path.  The diagram shall be tied to the main sequence of scheduled activities to enable Owner to evaluate the impact of changed Work to the scheduled critical path.
  3. Contractor shall comply with the requirements of this Section 01 32 00 regarding the submission of TIEs for all types of delays such as, but not limited to, Contractor/Subcontractor delays, adverse weather delays, strikes, procurement delays, fabrication delays, etc.
  4. Contractor is responsible for all costs associated with preparing, and the process of incorporating TIE’s into the current schedule update.  Contractor shall provide Owner with four copies of each TIE both in hard copy and CD.
  5. Once agreement has been reached on a TIE, the Contract Time will be adjusted accordingly.  If agreement is not reached on a TIE, the Contract Time may be extended in an amount Owner allows, and Contractor may submit a claim for additional time claimed by Contractor as provided in Document 00 7200 (General Conditions).

  1.13 Time Extensions

  1. Contractor is responsible for requesting time extensions for time impacts that, in the opinion of Contractor, impact the critical path of the current schedule update.  Notice of time impacts shall be given in accordance with Document 00 7200 (General Conditions).
  2. Where an event for which Owner is responsible impacts the projected Substantial Completion date, Contractor shall provide a written mitigation plan, including a schedule diagram, which explains how (e.g., increase crew size, overtime, etc.) the impact can be mitigated.  Contractor shall also include a detailed cost breakdown of the labor, equipment, and material Contractor would expend to mitigate Owner-caused time impact.  Contractor shall submit mitigation plan to Owner within fourteen (14) Days from the date of discovery of said impact.  Contractor is responsible for the cost to prepare the mitigation plan.
  3. Failure to request time, provide TIE, or provide the required mitigation plan will result in Contractor waiving its right to a time extension and cost to mitigate the delay.
  4. No time will be granted under the Contract Documents for cumulative effect of changes.
  5. Owner will not be obligated to consider any time extension request unless requirements of Contract Documents are complied with.
  6. Failure of Contractor to perform in accordance with the current schedule update shall not be excused by submittal of time extension requests.
  7. Notwithstanding any other provision of this Section 01 3200, if Contractor does not submit a TIE within the required 14 Days for any issue, Contractor hereby agrees that Contractor does not require a time extension for that issue.

  1.14 Project Status Reporting

  1. In addition to submittal requirements for scheduling identified in this Section 01 3200, Contractor shall provide a monthly project status report (i.e., written narrative report) to be submitted in conjunction with each Schedule as specified herein.  Status reporting shall be in form specified in this paragraph.
  2. A progress summary shall be the first page of the Monthly Project Report. The report shall indicate in column format (i.) the original and forecast cost and dates of completion; (ii.) the original and adjusted contract sums; (iii.) pending change order requests and claims; and (iv.) the original and projected completion dates.
  3. The Monthly Project Report shall include construction progress and updates.  Construction progress: generally since prior report, and percentage completion.  Contractor shall include a narrative of the work performed and an updated task list and identify areas of concern, actions and approvals needed, including without limitation:
     1. Contractor schedule:  work progress against schedule.  The report shall clearly identify actual performance with respect to the current approved version of the schedule, including without limitation:
        1. Progress made on critical activities indicated on each Schedule, including inspections.
        2. Explanations for any lack of work on critical path activities planned to be performed during last month.
        3. Explanations for any schedule changes, including changes to logic or to activity durations.
        4. List of critical activities scheduled to be performed during the next month.
        5. Status of major material and equipment procurement.
     2. Problems.  The narrative shall include any problems or delays encountered, causes of delays, proposed ways to work around any problems that arise and schedule assessment, and an explanation of how Project will be brought back on schedule if delays have occurred.
     3. Design Status.  The Monthly Project Report shall include a section on design status for the Project.  The report shall also include a list of any Contract deliverables and identification of areas of concern, actions and approvals needed, and recommendations regarding ongoing design work with respect to value engineering, constructability coordination of design services with other Project items, and any and all design changes affecting appearance, size, function, usage or cost of the Project or any Subproject.
     4. Subcontractor Procurement.  The Monthly Project Report shall include a section on subcontractor procurement, if applicable.
     5. Contractor’s Safety Program.  The Monthly Project Report shall include a section on the Contractor’s Safety Program.  The narrative shall include incident reports and statistics and other Contractor recommended information to demonstrate and promote the effectiveness of its Safety Program.
     6. Disputes and Claims.  The Monthly Project Report shall include a section on disputes and claims.   For the Project and each Subproject, the narrative shall include a discussion on disputes, potential claims, and claims made.
     7. Look Ahead Task List.  The Monthly Report shall include a 120-day look ahead/task listing for Owner planning purposes, of Owner-specific activities, inspections, approvals, tie-ins, connections, consents, decisions, necessary from the Owner to facilitate Contractor’s progress.
     8. Daily Log (electronic copy only).  Contractor shall keep a daily log containing a record of weather, contractor activities, and subcontractors working on the site, number of workers, work accomplished, problems encountered, impacts on the Work and specific activities, and other relevant data or such additional data as Owner may require.  Contractor shall maintain the log electronically in a format acceptable to Owner, with each data-point maintained separately for separate sorting, charting or study by Owner if necessary.  Contractor shall submit such electronic file monthly, with the Monthly Progress Report.
     9. Status reports, and the information contained therein, shall not be construed as claims, notice of claims, notice of delay, or requests for changes or compensation.
  4. At the close of each workday provide Owner with report of Contractor and its Subcontractors’ work activities for that day, including trades, equipment, work activities worked on, staff levels, and equipment deliveries.  Use form acceptable to Owner.
  5. Submit all reports and schedule files on CD, in addition to written copies.
  6. Submit all Title 24-required reports in the applicable required time, format and detail required by Title 24, as applicable.

  1.15 Verified Reports.

  1. Contractor shall ensure that the Verified Reports required by Title 24 of the California Code of Regulations be timely completed by Subcontractors and others

  PART 2 PRODUCTS – NOT USED

  PART 3 EXECUTION – NOT USE

  END OF SECTION

   

• SECTION 01 3300 SUBMITTALS —

  PART 1 GENERAL

  1.01 Summary

  1. This section describes general requirements for submittals for the Work:
     1. Procedures
     2. Schedule of Shop Drawing and Sample Submittals
     3. Safety Plan
     4. Progress Schedule
     5. Product Data
     6. Shop drawings
     7. Samples
     8. Quality Control Submittals
        1. Engineering Data
        2. Test Reports
        3. Certificates
        4. Manufacturers’ Instructions
     9. Machine Inventory Sheets
     10. SWPPP [if applicable]
     11. Operations and Maintenance Manuals
     12. Computer Programs
     13. Project Record Documents

  1.02 Procedures

  1. Submit in duplicate sets, Schedule of Shop Drawing and Sample Submittals, Safety Plans, Progress Schedule, Product Data, Shop Drawings, Samples, Quality Control Data, Machine Inventory Sheets, Operations and Maintenance Manuals, Computer Programs, and Project Record Documents required by the Contract Documents. 
  2. Transmit each item with a standard letter of transmittal in form approved by Owner.
  3. Identify Contractor, subcontractor, subconsultant, major supplier, pertinent drawing sheet and detail number, and specification section number as appropriate.  Provide space for Owner review stamps.
  4. Where manufacturers’ standard drawings or data sheets are used, they shall be marked clearly to show those portions of the data which are applicable to this Project.
  5. Submit Shop Drawings, Samples, Product Data and other submittals (collectively, Submittals) to Owner for review and action in accordance with accepted Schedule of Submittals.  If no such schedule is agreed upon, then all Submittals shall be completed within 30 Days after commencement of Contract Time.
  6. The data shown on all Submittals shall be complete with respect to quantities, dimensions, materials and similar data to show Owner the materials and equipment Contractor proposes to provide and to enable Owner to review the information for the limited purposes specified below.  Samples shall be identified clearly as to material, supplier, pertinent data such as catalog numbers and the use for which it is intended and otherwise as Owner may require to enable Owner to review the submittal.  The number of each Sample to be submitted will be as specified in the Specifications.
  7. At the time of each submission, Contractor shall give Owner specific written notice of all variations, if any, that the Submittal may have from the requirements of the Contract Documents, and the reasons therefore.  This written notice shall be in a written communication separate from the Submittal.  In addition, Contractor shall cause a specific notation to be made on each Submittal submitted to Owner for review and approval of each such variation.
  8. If Owner accepts deviation, Owner shall issue an appropriate Contract Modification.
  9. Submittal coordination and verification is the responsibility of Contractor, this responsibility shall not be delegated in whole or in part to subcontractors, subconsultants or suppliers.  Before submitting each Submittal, Contractor shall have determined and verified:
  10. Submittal coordination and verification is the responsibility of Contractor; this responsibility shall not be delegated in whole or in part to subcontractors, subconsultants or suppliers.  Before submitting each Submittal, Contractor shall have determined and verified:
      1. All field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers and similar information with respect thereto;
      2. All materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work; and
      3. All information relative to Contractor’s sole responsibilities and of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto.
  11. Contractor shall also have reviewed and coordinated each Submittal with other Submittals and with the requirements of the Work and the Contract Documents.
  12. Contractor’s submission to Owner of a Submittal will constitute Contractor’s representation that it has satisfied its obligations under the Contract Documents, and as set forth immediately above, with respect to Contractor’s review and approval of that Submittal.
  13. Designation of work “by others”, if shown in Submittals prepared by a subcontractor, subconsultant or supplier, shall mean that work will be responsibility of Contractor rather than the subcontractor, subconsultant or supplier who has prepared submittals.
  14. After review by Owner of each of Contractor’s Submittals, one of set of duplicates of material will be returned to Contractor with actions defined as follows:
      1. NO EXCEPTIONS TAKEN - Accepted subject to its compatibility with future Submittals and additional partial Submittals for portions of the Work not covered in this Submittal.  Does not constitute approval or deletion of specified or required items not shown on the Submittal.
      2. MAKE CORRECTIONS NOTED (NO RESUBMISSIONS REQUIRED) - Same as 1. above, except that minor corrections as noted shall be made by Contractor.
      3. AMEND AND RESUBMIT - Rejected because of major inconsistencies or errors which shall be resolved or corrected by Contractor prior to subsequent review by Owner.
      4. REJECTED - RESUBMIT - Submitted material does not conform to Drawings and Specifications in major respect, i.e.: wrong size, model, capacity, or material.
      5. NOT REVIEWED - Submitted material has not been reviewed and is being returned to be acted upon by Contractor without review by Owner.
  15. It is considered reasonable that Contractor shall make a complete and acceptable Submittal at least by its second submission.  Owner reserves the right to deduct monies from payments due Contractor to cover additional costs of Owner’s review beyond the second submission.  Illegible Submittals will be rejected and returned to Contractor for resubmission.
  16. Favorable review will not constitute acceptance by Owner of any responsibility for the accuracy, coordination and completeness of the Submittals.  Accuracy, coordination, and completeness of Submittals shall be sole responsibility of Contractor, including responsibility to backcheck comments, corrections, and modifications from Owner’s review before proceeding with the Work which is the subject of the Submittals.  Submittals may be prepared by Contractor, Subcontractors or suppliers, but Contractor shall ascertain that Submittals meet all requirements of the Contract Documents, while conforming to structural space and access conditions at the point of installation.  Owner’s review will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, conform to the requirements of the Contract Documents.  Favorable review of a Submittal, method of work, or information regarding materials and equipment Contractor proposes to furnish shall not relieve Contractor of responsibility for errors therein and shall not be regarded as an assumption of risk or liability by Owner, or any officer or employee thereof, and Contractor shall have no claim under Contract on account of failure or partial failure or inefficiency or insufficiency of any plan or method of work or material and equipment so reviewed.  Favorable review shall be considered to mean merely that Owner has no objection to Contractor using, upon his own full responsibility, the plan or method of work proposed, or furnishing the materials and equipment proposed.
  17. Owner’s review will not extend to the means, methods, techniques, sequences or procedures of construction or to safety precautions or programs incident thereto.  The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.  Owner may decline to review Submittals in which event the Submittals will be returned to Contractor to be acted upon without review.  There is no obligation running to Contractor by Owner, or anyone acting upon its behalf to act upon Contractor’s Submittals, and action upon them does not give rise to liability of any type to Contractor.
  18. Submit a complete initial Submittal for those items where required by individual Specification sections.  The complete submittal shall contain sufficient data to demonstrate that items comply with the Contract Documents, shall meet minimum requirements for submissions cited in the technical specifications, shall include motor data and seismic anchorage certifications, where required, and shall include other necessary revisions required for equipment.  If Contractor submits an incomplete initial Submittal, when complete the Submittal is required, submittal may be returned to Contractor without review.
  19. It shall be Contractor’s responsibility to copy, conform and distribute reviewed Submittals in sufficient numbers for Contractor’s files, Subcontractors and vendors.
  20. After Owner’s review of a Submittal, revise and resubmit as required.  Identify changes made since previous Submittal.
      1. Begin no fabrication or work which requires Submittals until return of Submittals not requiring resubmittal.
      2. Normally, Submittals will be processed and returned to Contractor within 15 working days of receipt.
  21. Distribute copies of reviewed Submittals to concerned persons.  Instruct recipients to promptly report any inability to comply with Submittals.

  1.03 Schedule Of Shop Drawings And Sample Submittals

  1. Submit preliminary Schedule of Shop Drawing and Sample Submittals as required by Document 00 7200 (General Conditions).  Submit two copies of final and accepted Schedule of Submittals of Shop Drawings and samples as required by Document 00 72 00 (General Conditions), and in no event later than 30 days following Notice to Proceed.
  2. The Schedule of Submittals will be used by Owner to schedule activities relating to review of Submittals.  Schedule of Submittals shall indicate a spreading out of Submittals and early Submittals of long lead-time items and of items which require extensive review.
  3. The Schedule of Submittals must include schedule for submitting Shop Drawings, Samples and other Submittals, shall be reviewed by Owner and shall be revised and resubmitted until accepted by Owner.

  1.04 Safety Plan

  1. Submit two copies of a Safety Plan specific to this Project to Owner within 15 Days after commencement of Contract Time.
  2. One copy of accepted the Safety Plan will be returned to Contractor.
  3. No on‑site work shall be started until Safety Plan has been reviewed and accepted by Owner. Acceptance of the Safety Plan shall not affect Contractor’s responsibility for maintaining a safe working place and instituting safety programs in connection with project.  Neither Owner nor Owner assumes any responsibility for Contractor’s safety related obligations. Contractor shall have sole responsibility for safety on and off the Site. 

  1.05 Progress Schedule

  1. Submit four copies of the reports listed in Section 01 3200 Progress Schedules and Reports, with:
     1. Initial CPM Schedule
     2. Original CPM Schedule
     3. Each monthly Schedule update
  2. Progress Schedules and Reports shall be submitted electronically in addition to hard copies specified above.

  1.06 Product Data

  1. Within 30 calendar days after commencement of Contract Time submit two copies of complete list of major products proposed for use, with name of the manufacturer, trade name, and model number of each product.
  2. For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards.
  3. Tabulate products by specification section number.
  4. Supplemental Data:
     1. Submit number of copies which Contractor requires, plus two copies which will be retained by Owner.
     2. Mark each copy to identify applicable products, models, options, and other data.  Supplement manufacturers’ standard data to provide information unique to the Project.
  5. Provide copies for Project Record Documents described in Section 01 7700 Contract Closeout.

  1.07 Shop Drawings

  1. Minimum Sheet Size: 8-1/2 inches by 11 inches.  All others: Multiples of 8-1/2 inches by 11 inches, 34 inches by 44 inches maximum.
  2. For 8-1/2 inch by 11 inch and 11 inch by 17 inch sheets, submit the number of copies which Contractor requires, plus two copies which will be retained by Owner.
  3. For 17 inch by 22 inch through 34 inch by 44 inch sheets, submit one reproducible transparency and two prints.  After review, reproduce and distribute.
  4. The original sheet or reproducible transparency will be marked with Owner’s review comments and returned to Contractor.
  5. Mark each copy to identify applicable products, models, options, and other data; supplement manufacturers’ standard data to provide information unique to the Work.
  6. Include manufacturers’ installation instructions when required by Specification section.

  1.08 Samples

  1. Submit full range of manufacturers’ standard colors, textures, and patterns for Owner’s selection.
  2. Submit samples to illustrate functional and aesthetic characteristics of each product, with integral parts and attachment devices.  Coordinate Submittal of different categories for interfacing work.
  3. Include identification on each sample, giving full information.
  4. Submit two samples unless otherwise specified.  One will be retained.
  5. Sizes:  Unless otherwise specified, provide the following:
     1. Paint Chips: Manufacturers’ standard
     2. Flat or Sheet Products: Minimum 6 inches square, maximum 12 inches square
     3. Linear Products: Minimum 6 inches, maximum 12 inches long
     4. Bulk Products: Minimum 1 pint, maximum 1 gallon
  6. Full size samples may be used in the Work upon approval.
  7. Mock-ups:
     1. Erect field samples and mock-ups at the Project Site in accordance with the requirements of Specification sections.
     2. Modify or make additional field samples and mock-ups as required to provide appearance and finishes approved by Owner.
     3. Approved field samples and mock-ups may be used in the Work upon approval.

  1.09 Quality Control Submittals

  1. Test Reports:  Three copies.  One copy will be marked with Owner’s review comments and returned to Contractor.
     1. Indicate that the material or product conforms to or exceeds specified requirements.
     2. Reports may be from recent or previous tests on material or product, but must be acceptable to Owner.  Comply with requirements of each individual Specification.
  2. Certificates:  Three copies.  One copy will be marked with Owner’s review comments and returned to Contractor.
     1. Indicate that the material or product conforms to or exceeds specified requirements.
     2. Submit supporting reference data, affidavits, and certifications as appropriate.
     3. Certificates may be recent or from previous test results on material or product, but must be acceptable to Owner.
  3. Manufacturers’ Instructions:  Three copies.  One copy will be marked with Owner’s review comments and returned to Contractor.
     1. Include manufacturers’ printed instructions for delivery, storage, assembly, installation, startup, adjusting, and finishing.
     2. Identify conflicts between manufacturers’ instructions and Contract Documents.

  1.10 Machine Inventory Sheets [If Applicable]

  1. Not Applicable

  1.11 Storm Water Pollution Prevention Plan [if applicable]

  1. Three copies.  One copy will be marked with Owner’s review comments and returned to Contractor.

  1.12 Operations And Maintenance Manuals

  1. Submit two copies of manufacturers’ operations and maintenance manuals.  If necessary, both copies will be marked with Owner’s review comments and returned to Contractor for correction until satisfactory information is provided.  Owner will retain satisfactorily corrected manuals for Owner’s own use.
  2. Operations and maintenance manuals shall include the following as appropriate:
     1. Operating instructions
     2. Preventive maintenance instructions
     3. Cleaning instructions
     4. Safety precautions
     5. Trouble shooting procedures
     6. Theory of operation to discrete component level
     7. Schematic diagrams, flow diagrams, wiring diagrams, logic diagrams, etc. to discrete component level
     8. Parts lists showing all discrete components with part number, current prices and availability
     9. List of replaceable supplies; paper, ink, ribbon, etc. with part numbers, current prices and availability
     10. Recommended levels of spare parts and supplies to keep on hand
     11. Manufacturers’ service and maintenance technical manuals
     12. Names, addresses and telephone numbers of service and repair firms for the equipment
  3. Manuals shall be the same as are used by manufacturers’ authorized technicians to completely service and repair the equipment.

  1.13 Computer Programs

  1. When any equipment requires operation by computer programs, submit a copy of the program on appropriate diskette plus all user manuals and guides for operating the programs and making changes in the programs for upgrading and expanding the databases.  Programs must be compatible with Owner software requirements, or in a form otherwise acceptable to Owner.  Provide required licenses to Owner at no additional cost.

  1.14 Project Record Documents

  1. Submit one copy of each of the Project Record Documents listed in Section 01 7700 Contract Closeout.

  1.15 Delay Of Submittals

  1. Delay of Submittals by Contractor is considered Contractor-caused delay.  Liquidated damages incurred because of late Submittals will be assessed to Contractor.

  PART 2 PRODUCTS [IF APPLICABLE]

  PART 3 EXECUTION [IF APPLICABLE]

   

  END OF SECTION

   

• GENERAL CONDITIONS AND REQUIREMENTS —

  1. Modification of Commencement of Work:

  1. Work shall begin on or after July 1, 2026. Owner expressly reserves the right to modify the date for the Commencement of Work under the Contract and to independently perform and complete work related to Project.  Owner accepts no responsibility to Contractor for any delays attributed to its need to complete independent work at the Site.
  2. Owner shall have the right to communicate directly with Apparent Low Bidder’s proposed performance bond surety, to confirm the performance bond.  Owner may elect to extend the time to receive faithful performance and labor and material payment bonds.

  2. Conformed Project Manual:

  Following Award of Contract, Owner may prepare a conformed Project Manual reflecting Addenda issued during bidding, which will, failing objection, constitute the approved Project Manual.

  3. Payment Bond:

  If the Project described in Document 00 1113 (Notice Inviting Bids) involves an expenditure in excess of $25,000, the successful Bidder must file a payment bond with and approved by Owner prior to entering upon the performance of the Work, in accordance with Civil Code Section 9550, et seq.

  4. Wage Rates:

  Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are on file at the City’s Engineering Division located at 1800 Francisco Boulevard, Pacifica, CA 94044 and may be obtained from the California Department of Industrial Relations website [http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm] and are deemed included in the Bidding Documents.  Upon request, Owner will make available copies to any interested party.  Also, Contractor shall post the applicable prevailing wage rates at the Site.

  5. Withdrawal of Bids:

  Bidders may withdraw their Bids at any time prior to the Bid opening time fixed in this Document 00 2113, only by written request for the withdrawal of Bid filed with the City at the Engineering Division located at 1800 Francisco Boulevard, Pacifica, CA 94044 Bidder or its duly authorized representative shall execute request to withdraw Bid.

  6. Ineligible Contractors and Subcontractors:

  The City shall not accept a Bid from a Bidder who is ineligible to bid or work on, or be awarded, a public works project pursuant to Labor Code Section 1777.1 or 1777.7.  Bidders and the Contractor who is awarded the project contract shall not utilize, or allow work by, any subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Labor Code Section 1777.1 or 1777.7.  (See Public Contract Code Section 6109.)  The California Division of Labor Standards Enforcement publishes a list of debarred contractors and subcontractors on the Internet at www.dir.ca.gov/DLSE/debar.html.

  7. Public Records Act Requests:

  1. In accordance with the Public Records Act, Owner will make available to the public all correspondence and written questions submitted during the Bid period, all Bid submissions opened in accordance with the procedures set forth herein, and all subsequent Bid evaluation information.  Except as otherwise require by law, Owner will not disclose trade secrets or proprietary financial information submitted by Bidders that has been designated as confidential by Bidder.
  2. Upon a request for records regarding this Bid, Owner will notify the Bidder involved, within 10 Days from receipt of the request, when the records will be made available for inspection.  If the Bidder timely identifies any “proprietary, trade secret, or confidential commercial or financial” information that Bidder determines is not subject to public disclosure, and requests that Owner refuse to comply with the records request, Bidder will, at its sole expense, take all appropriate legal action and defend Owner’s refusal to produce the information in all forums; otherwise Owner will make such information available to the extent require by applicable law, without restriction.
  3. Information disclosed in the Bid and the attendant submissions are the property of Owner unless Bidder makes specific reference to data that is considered proprietary. 

  8. Substitutions:

  Bidders must base their Bids on products and systems specified in the Contract Documents or listed by name in Addenda.  Substitutions are permitted only as provided in the Contract Documents.

  9. Definitions:

  All abbreviations and definitions of terms used in this Document 00 2113 and not otherwise defined herein are set forth in Document 00 5200 (Construction Services Agreement).

  10. Liquidated Damages:
  

  The Contractor shall pay the City liquidated damages in the amount of One Thousand Dollars ($1,000) per street block posted for construction and not completed for any reason. Liquidated damages may be waived for weather related work cancellation. Requests for weather related work cancellation must be in writing and require the City’s concurrence. “NO PARKING” signs must be removed within one (1) hour when work on a street is cancelled for the day.

  Additionally, liquidated damages in the amount of Five Hundred Dollars ($500) may be assessed for each day (or, if specified, each hour) that each activity is not completed within the time limits specified by the contract. Such activities include but are not limited to the following:

  A. Submit the construction schedule as required.

  B. Each block of street where “NO PARKING” signs are not posted and communiqués are not hand delivered at least three (3) days (72 hours) prior to scheduled street work.

  C. Each block of street where final traffic striping and markings are not restored within the required days outlined in these Special Provisions.

  D. Each hour after 4:00 PM for each block that is not opened to traffic.

  E. Each intersection or street segment open to traffic with striping obliterated by contract activities and temporary striping not placed.

  F. Each unauthorized access disruption as outlined in these Special Provisions.

  G. Each use of City water not regulated through a meter.

  H. Each street segment on which traffic is interrupted beyond the authorized work hours or without an approved traffic control plan.

  I. Any temporary striping not removed 24 hours after the final striping is installed.

  J. Each City manhole not uncovered before the street is opened to traffic after slurry seal.

  K. Each City valve box not uncovered before the street is opened to traffic after slurry seal.

  L. Each City monument box not uncovered before the street is opened to traffic after slurry seal.

• SECTION 01 4100 REGULATORY REQUIREMENTS —

  PART 1 GENERAL

  1.01 Summary

  1. Section includes
     1. Regulatory requirements applicable to Contract Documents.
     2. Required provisions regarding resolution of construction claims.
     3. Required references under federal law.

  1.02 General

  1. Compliance with Laws
     1. Conform to all applicable codes, laws, ordinances, rules and regulations, which shall have full force and effect as though printed in full in these Specifications.  Codes, laws, ordinances, rules, regulations and ordinances (Regulatory Requirements) are not furnished to Contractor, because Contractor is assumed to be familiar with these requirements.
     2. Any listing of Regulatory Requirements for hazardous waste abatement Work in the Contract Documents is supplied to Contractor as a courtesy and shall not limit Contractor’s responsibility for complying with all applicable Regulatory Requirements having application to the Work.  Where conflict among the Regulatory Requirements or with these Specifications occurs, the most stringent requirements shall be used.
     3. Specific reference in the Specifications to codes and regulations or requirements of regulatory agencies shall mean the latest printed edition of each adopted by the regulatory agency in effect at the time of the opening of Bids, except as may be otherwise specifically stated in the Contract Documents.
  2. Precedence
     1. Where specified requirements differ from Regulatory Requirements, the more stringent requirements shall take precedence.  Where Drawings or Specifications require or describe products or execution of better quality, higher standard or greater size than required by Regulatory Requirements, then Drawings and Specifications shall take precedence so long as such increase is legal.  Where no requirements are identified on Drawings or in Specifications, comply with all Regulatory Requirements of governing authorities having jurisdiction.
     2. Should any conditions develop not covered by the Contract Documents wherein the finished Work will not comply with current codes, a Change Order detailing and specifying the required Work shall be submitted to and approved by Owner before proceeding with the Work.

  1.03 Regulatory Requirements

  1. Applicable Codes
     1. Codes that apply to Contract Documents include all Codes applicable to construction, including, without limitation, the following:
        1. California Building Code (2019 Edition or latest applicable code) as amended by applicable local ordinances for all construction work.
        2. California Electrical Code (2019 Edition or latest applicable code) as amended by applicable local ordinances for all construction work.
        3. California Plumbing Code (2019 Edition or latest applicable code) as amended by applicable local ordinances for plumbing, sewage disposal and health requirements.
        4. California Mechanical Code (2019 Edition or latest applicable code) as amended by applicable local ordinances for all construction work.
        5. California Fire Code (2019 Edition or latest applicable code) as amended by applicable local ordinances for all construction work.
        6. California Administrative Code Titles 15, 19 and 24 (with California amendments), and Americans with Disabilities Act (ADA) accessibility guidelines, whichever is more stringent.
        7. All State laws and City and County Ordinances, rules of the State or City or County Health Departments, rules of the National Board of Fire Underwriters and National Fire Protection Associations, and local power company regulations for mechanical and electrical work.
  2. Applicable Laws, Statutes, Ordinances, Rules, And Regulations
     1. During prosecution of Work to be done under Contract Documents, Contractor shall comply with applicable laws, ordinances, rules and regulations including, without limitation, the following:
        1. Federal:
           1. Americans With Disabilities Act of 1990
           2. 29 CFR, Section 1910.1001, Asbestos
           3. 40 CFR, Subpart M, National Emission Standards for Asbestos
           4. Executive Order 11246
           5. Federal Endangered Species Act
           6. Clean Water Act
        2. State of California:
           1. Code of Regulations, Titles 5, 8, 17, 19, 21, 22, 24 and 25
           2. Public Contract Code
           3. Health and Safety Code
           4. Government Code
           5. Labor Code
           6. Civil Code
           7. Code of Civil Procedure
           8. CPUC General Order 95, Rules for Overhead Electric Line Construction
           9. CPUC General Order 128, Rules for Construction of Underground Electric Supply and Communications Systems
           10. Cal/OSHA
           11. OSHA:  Hazard Communications Standards
           12. California Endangered Species Act
           13. Water Code
           14. Fish and Game Code
        3. State of California Agencies:
           1. State and Consumer Services Agency
           2. Office of the State Fire Marshall
           3. Office of Statewide Health Planning and Development (if applicable)
           4. Department of Fish and Game
           5. All Air Quality Management Districts with jurisdiction
           6. All Regional Water Quality Control Boards with jurisdiction
           7. Division of the State Architect
        4. All Local Agencies with jurisdiction (cities, counties, fire departments)
  3. Change Orders and Claims
     1. The Public Contract Code including, without limitation, Section 7105(d)(2), and the California Government Code Section 930.2, et seq., apply to all contract procedures for changes, time extensions, change orders (time or compensation) and claims. Federal law (U.S. v. Holpuch 326 U.S. 234) shall supplement California law on the enforceability of these requirements.
     2. Any change, waiver, or omission to implement contract change order and claim procedures shall have no legal effect unless expressly permitted in a fully executed change order approved by Contractor and Owner and approved as to form by their respective legal counsel.
  4. Required Provisions On Contract Claim Resolution
     1. Public Contract Code Section 9204 specifies provisions on resolving contract claims of any size, and Public Contract Code Section 201014, et seq., specifies required provisions on resolving contract claims less than $375,000.  Those statutes constitute a part of this Contract.  In the event any other Contract provision violates such statutes, the applicable statute controls.
        1. Public Contract Code Section 9204 provides:
           1. For the purposes of this section, “Claim” means a separate demand by Contractor for (1) a time extension, (2) payment or money or damages arising from Work done by or on behalf of Contractor arising under the Contract Documents and payment of which is not otherwise expressly provided for or the Claimant is not otherwise entitled to, or (3) an amount the payment of which is disputed by Owner.
           2. Procedure:
              1. Upon receipt of a Claim the Owner shall conduct a reasonable review of the Claim and within 45 days, or if Owner’s governing body must approve Owner’s response to the Claim and the governing body has not met within the 45 days then within three (3) days of the governing body’s meeting, shall provide Contractor with a written statement identifying what portion of the claim is disputed and what portion is undisputed.  Should Owner take no action on the Claim within 45 days of submission, it shall be deemed denied. 
              2. If the Contractor disputes Owner’s response to its Claim, including a failure to respond, it may submit via registered mail or certified mail, return receipt requested, a written demand for an informal conference to meet and confer for settlement of the issues in dispute.  Owner shall schedule such a meet and confer conference within 30 days for settlement of the dispute. Within ten (10) days of the meet and confer conference Owner shall provide Contractor with a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed.  If the Contractor disputes Owner’s statement it shall inform Owner and they shall mutually agree to a mediator within 10 business days of the written statement.
              3. Owner shall pay the undisputed portions of the Claim within 60 days of the issuance of a written statement identifying an undisputed portion.
              4. Any disputed portion of the Claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with the Owner and the claimant sharing the associated costs equally. The Owner and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the Claim remaining in dispute shall be subject to applicable procedures outside this section.
              5. For claims under $375,000, unless the parties agree otherwise in writing, mediation pursuant to these provisions shall excuse the mediation obligation under Public Contracting Code section 20104.4(a).
              6. The parties may mutually agree, in writing, to waive the mediation requirements of this subsection and proceed to the commencement of a civil action [or binding arbitration, as applicable].
              7. Failure by the Owner to respond to a Claim from a Contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A Claim that is denied by reason of the public entity’s failure to have responded to a Claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the Claim or the responsibility or qualifications of the claimant.
              8. Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
              9. If a Subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against Owner because privity of contract does not exist, the Contractor may present to the Owner a claim on behalf of a Subcontractor or lower tier subcontractor. A Subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the Contractor present a claim for work which was performed by the Subcontractor or by a lower tier subcontractor on behalf of the Subcontractor. The Subcontractor requesting that the Claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the Contractor shall notify the Subcontractor in writing as to whether the Contractor presented the claim to the Owner and, if the original Contractor did not present the claim, provide the Subcontractor with a statement of the reasons for not having done so.
              10. Nothing in this section shall impose liability upon an Owner that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
              11. Pursuant to AB 456, this section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2027, deletes or extends that date.
        2. To the extent applicable, Public Contract Code Section 20104, et seq., provide:
           1. For the purposes of this section, “Claim” means a separate demand by Contractor of $375,000 or less for (1) a time extension, (2) payment or money or damages arising from Work done by or on behalf of Contractor arising under the Contract Documents and payment of which is not otherwise expressly provided for or the Claimant is not otherwise entitled to, or (3) an amount the payment of which is disputed by Owner.  Separate Contractor Claims that together total more than $375,000 do not qualify as a “separate demand of $375,000 or less,” as referenced above, and are not subject to this section.
           2. Caution.  This section does not apply to tort claims, and nothing in this section is intended nor shall be construed to change the time periods for filing tort claims or actions specified by Chapter 1 and Chapter 2 of Part 3 of Division 3.6 of Title 1 of the Government Code.
           3. Procedure:
              1. The Claim must be in writing, submitted in compliance with all requirements of Document 00 7200 (General Conditions), Article 12 including, without limitation, the time prescribed by and including the documents necessary to substantiate the Claim, pursuant to Document 00 7200 (General Conditions), Paragraph 12.02.  Nothing in this section is intended to extend the time limit or supersede notice requirements for the filing of claims as set forth in Document 00 7200 (General Conditions), Article 12 or elsewhere in the Contract Documents.
              2. For Claims of fifty thousand dollars ($50,000) or less, Owner shall respond in writing within forty-five (45) days of receipt of the Claim, or Owner may request in writing within thirty (30) days of receipt of the Claim, any additional documentation supporting the Claim or relating to any defenses or claims Owner may have against Claimant. If additional information is thereafter required, it shall be requested and provided in accordance with this section upon mutual agreement of Owner and Claimant. Owner’s written response to the Claim, as further documented, shall be submitted to Claimant within fifteen (15) days after receipt of further documentation or within a period of time no greater than taken by Claimant in producing the additional information, whichever is greater.
              3. For Claims over Fifty Thousand Dollars ($50,000) and less than or equal to $375,000: Owner shall respond in writing within sixty (60) days of receipt of the Claim, or Owner may request in writing within thirty (30) days of receipt of the Claim, any additional documentation supporting the Claim or relating to any defenses or claims Owner may have against Claimant. If additional information is thereafter required, it shall be requested and provided in accordance with this section, upon mutual agreement of Owner and Claimant; Owner’s written response to the Claim, as further documented, shall be submitted to Claimant within thirty (30) days after receipt of further documentation or within a period of time no greater than taken by Claimant in producing the additional information, whichever is greater.
              4. Meet and Confer: If Claimant disputes Owner’s written response, or Owner fails to respond within the time prescribed above, Claimant shall notify Owner, in writing, either within fifteen (15) days of receipt of Owner’s response or within fifteen (15) days of Owner’s failure to timely respond, and demand an informal conference to meet and confer for settlement of the issues in dispute.  Upon demand Owner will schedule a meet and confer conference within thirty (30) days for settlement of the dispute.
  5. Compliance With Americans With Disabilities Act
     1. Contractor acknowledges that, pursuant to the Americans with Disabilities Act (ADA), programs, services and other activities provided by a public entity to the public, whether directly or through a Contractor, must be accessible to the disabled public.  Contractor shall provide the services specified in the Contract Documents in a manner that complies with the ADA and any and all other applicable federal, state and local disability rights legislation.  Contractor agrees not to discriminate against disabled persons in the provision of services, benefits or activities provided under the Contract Documents and further agrees that any violation of this prohibition on the part of Contractor, its employees, agents or assigns shall constitute a material breach of the Contract Documents.
  6.  Compliance With IRCA
     1. Contractor acknowledges that Contractor, and all subcontractors hired by Contractor to perform services under this Contract, are aware of and understand the Immigration Reform and Control Act (IRCA).  Contractor is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by Contractor to perform services under this Contract are in compliance with the IRCA.  In addition, Contractor agrees to indemnify, defend and hold harmless Owner, its agents, officers and employees, from any liability, damages or causes of action arising out of or relating to any claims that Contractor’s employees, or employees of any subcontractor hired by Contractor, are not authorized to work in the United States for Contractor or its subcontractor and/or any other claims based upon alleged IRCA violations committed by Contractor or Contractor’s subcontractors.

  PART 2 PRODUCTS – NOT USED

  PART 3 EXECUTION – NOT USED

  END OF SECTION

   

• SECTION 01 4200 REFERENCES AND DEFINITIONS —

  PART 1 GENERAL

  1.01 Summary

  1. Section Includes:
  1. 1. Reference standards, abbreviations, symbols, and definitions used in Contract Documents.
     2. Full titles are given in this Section for standards cited in other Sections of Specifications.

  1.02 Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies

  1. References
     1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code, or laws or regulations in effect at the time of opening of Bids, except as may be otherwise specifically stated in the Contract Documents.
     2. If during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such law or regulation applicable to the performance of the Work or of any such standard, specification, manual, or code or of any instruction of any supplier, Contractor shall report it in writing at once to Owner’s Representative and Architect/Engineer, and Contractor shall not proceed with the Work affected thereby until consent to do so is given by Owner.
  2. Precedence
     1. Except as otherwise specifically stated in the Contract Documents or as may be provided by Change Order, CCD, or Supplemental Instruction, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and:
        1. The provisions of any such standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or
        2. The provisions of any such laws or regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such law or regulation).
     2. No provision of any such standard, specification, manual, code, or instruction shall be effective to change the duties and responsibilities of Owner, Owner’s Representative, Architect/Engineer or Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents, nor shall it be effective to assign to Owner, Architect/Engineer, or any of their consultants, agents, representatives or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents.
  3. Referenced Grades, Classes, and Types:
     1. Where an alternative or optional grade, class, or type of product or execution is included in a reference but is not identified in Drawings or in Specifications, provide the highest, best, and greatest of the alternatives or options for the intended use and prevailing conditions.
  4. Edition Date of References:
     1. When an edition or effective date of a reference is not given, it shall be understood to be the current edition or latest revision published as of the date of opening Bids.
     2. All amendments, changes, errata and supplements as of the effective date shall be included.
  5. ASTM and ANSI References:  Specifications and Standards of the American Society for Testing and Materials (ASTM) and the American National Standards Institute (ANSI) are identified in the Drawings and Specifications by abbreviation and number only and may not be further identified by title, date, revision, or amendment.  It is presumed that Contractor is familiar with and has access to these nationally- and industry-recognized specifications and standards.

  1.03 Definitions

  1. Meaning of Words and Phrases

  Wherever any of the words or phrases defined below, or a pronoun used in place thereof, is used in any part of the Contract Documents, it shall have the meaning here set forth.  Where abbreviations and symbols are used, such abbreviations and symbols shall be given their common meaning in the construction industry.  In the Contract Documents, the neuter gender includes the feminine and masculine, and the singular number includes the plural.

  While Owner has made an effort to identify all defined terms with initial caps, the following definitions shall apply regardless of case unless the context otherwise requires:

  1. 1. Addenda:  Written or graphic instruments issued prior to the opening of Bids, which clarify, correct, or change the bidding requirements or the Contract Documents.  Addenda shall not include the minutes of the Pre-Bid Conference and/or Site Visit.
     2. Agreement (Document 00 5200):  Agreement is the basic Contract Document that binds the parties to construction Work.  Agreement defines relationships and obligations between Owner and Contractor and by reference incorporates Conditions of Contract, Drawings, and Specifications and contains Addenda and all Modifications subsequent to execution of Contract Documents.
     3. Alternate: Work added to or deducted from the base Bid, if accepted by Owner.
     4. Application for Payment:  Written application for monthly or periodic progress or final payment made by Contractor complying with the Contract Documents.
     5. Approved Equal:  Approved in writing by Owner as being of equivalent quality, utility and appearance.
     6. Architect/Engineer:  If used elsewhere in the Contract Documents, “Architect/Engineer” shall mean a person (or that person’s firm) holding a valid California State Architect’s or Engineer’s license representing the Owner in the administration of the Contract Documents.  Architect/Engineer may be an employee of or an independent consultant to Owner.  When Architect/Engineer is referred to within the Contract Documents and not an employee of Owner, Architect/Engineer shall be construed to include employees of Architect/Engineer and/or employees that Architect/Engineer supervises.  When the designated Architect/Engineer is an employee of Owner, his or her authorized representatives on the Project will be included under the term Architect/Engineer.  If Architect/Engineer is an employee of Owner, Architect/Engineer is the beneficiary of all Contractor obligations to Owner, including without limitation, all releases and indemnities.  Architect/Engineer may also be referred to as Architect or Engineer.
     7. Asbestos:  Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by OSHA or Cal/OSHA.
     8. Bid:  The offer or proposal of the Bidder submitted on the prescribed form(s) setting forth the prices (including, if applicable, maximum prices) for the Work to be performed.
     9. Bidder:  One who submits a Bid or Proposal.
     10. Bidding Documents:  All documents comprising the Project Manual (including all documents and Specifications, including documents supplied for bidding purposes only and Contract Documents.
     11. Board:  The governing body of the Owner.
     12. Business Day:  Any Day other than Saturday, Sunday, and the following days that have been designated as holidays by Owner.  If a holiday falls on a Saturday, the preceding Friday will be the holiday.  If a holiday falls on a Sunday, the following Monday will be the holiday.
         1. New Year’s Day, January 1;
         2. Martin Luther King Jr.’s Birthday, third Monday in January;
         3. Lincoln’s Birthday, May 12;
         4. Presidents’ Day, third Monday in May;
         5. Memorial Day, last Monday in May;
         6. Independence Day, July 4;
         7. Labor Day, first Monday in September;
         8. Veterans’ Day, November 11;
         9. Thanksgiving Day, as designated by the President;
         10. The Day following Thanksgiving Day;
         11. Christmas Day, December 25; and
         12. Each day appointed by the Governor of California and formally recognized by the Governing Board as a day of mourning, thanksgiving, or special observance.
         13. [Any other Owner holidays not listed above.]
     13. By Owner:  Work that will be performed by Owner or its agents at the Owner’s expense.
     14. By Others:  Work that is outside scope of Work to be performed by Contractor under this Contract, which will be performed by Owner, other contractors, or other means.
     15. Change Order:  A written instrument prepared by Owner and signed by Owner and Contractor, stating their agreement upon all of the following:
         1. a change in the Work;
         2. the amount of the adjustment in the Contract Sum, if any; and
         3. the amount of the adjustment in the Contract Time, if any.
     16. City:  The City in which the Project is located.
     17. Code Inspector:  A local or state agency responsible for the enforcement of applicable codes and regulations.
     18. Commencement Date:  The date on which Contract Time commences, as provided in the Agreement or General Conditions.
     19. Concealed:  Work not exposed to view in the finished Work, including within or behind various construction elements.
     20. Construction Change Directive (CD):  A written order prepared and signed by Owner, directing a change in the Work and stating a proposed basis for adjustment, if any, in the Contract Sum or Contract Time, or both.
     21. Contract Amount: a change order price, line item price, Contract Sum, or other price assigned to a scope of work.
     22. Contract Conditions or Conditions of the Contract:  Consists of two parts:  General Conditions and Supplemental Conditions.
         1. General Conditions are general clauses that are common to the Owner Contracts, including Document 00 7200 (General Conditions).
         2. Supplemental Conditions modify or supplement General Conditions to meet specific requirements for Contract Documents, including without limitation Documents 00 7301, 00 7316, 00 7380 and other Series 00 7300 Documents.
     23. Contract Documents and Contract:  Contract Documents and Contract shall consist of the documents identified as the Contract Documents in Document 00 5200 (Agreement), plus all changes, Addenda, and modifications thereto.
     24. Contract Modification:  Either:
         1. a written amendment to Contract signed by Contractor and Owner; or
         2. a Change Order; or
         3. a Construction Change Directive; or
         4. a written directive for a minor change in the Work issued by Owner.
     25. Contract Sum:  The sum stated in the Agreement and, including authorized adjustments, the total amount payable by Owner to Contractor for performance of the Work and the Contract Documents.  The Contract Sum is also sometimes referred to as the Contract Price or the Contract Amount.
     26. Contract Time:  The number or numbers of Days or the dates stated in the Agreement to achieve Substantial Completion of the Work or designated Milestones; and/or to achieve Final Completion of the Work so that it is ready for final payment and is accepted.
     27. Contractor:  The person or entity identified as such in the Agreement and referred to throughout the Contract Documents as if singular in number and neutral in gender.  The term “Contractor” means the Contractor or its authorized representative.
     28. Contractor’s Employees:  Persons engaged in execution of Work under Contract as direct employees of Contractor, as Subcontractors, or as employees of Subcontractors.
     29. County:  The County in which the Project is located.
     30. Day:  One calendar day of 24 hours measured from midnight to the next midnight, unless the word “day” is specifically modified to the contrary.
     31. Defective:  An adjective which, when modifying the word “Work,” refers to Work that is unsatisfactory or unsuited for the use intended, faulty, or deficient, that does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents (including, without limitation, approval of Samples and “or equal” items), or has been damaged prior to final payment (unless responsibility for the protection thereof has been assumed by Owner).  Unapproved substitutions are defective.  Owner is the judge of whether Work is Defective.
     32. Drawings:  The graphic and pictorial portions of Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams.
     33. DSA:  Division of State Architect, or successor agency.
     34. Equal:  Equal in opinion of Owner.  Burden of proof of equality is responsibility of Contractor.
     35. Final Acceptance or Final Completion:  Owner’s acceptance of the Work as satisfactorily completed in accordance with Contract Documents.  Requirements for Final Acceptance/Final Completion include, but are not limited to:
         1. Final cleaning is completed.
         2. All systems having been tested and accepted as having met requirements of Contract Documents.
         3. All required instructions and training sessions having been given by Contractor.
         4. All Project Record Documents having been submitted by Contractor, reviewed by Owner, and accepted by Owner.
         5. All punch list Work, as directed by Owner, having been completed by Contractor.
         6. Generally all Work, except Contractor maintenance after Final Acceptance/Final Completion, having been completed to satisfaction of Owner.
     36. Force Account:  Work directed to be performed without prior agreement as to lump sum or unit price cost thereof, and which is to be billed at cost for labor, materials, equipment, taxes, and other costs, plus a specified percentage for overhead and profit.
     37. Exposed:  Work exposed to view in the finished Work, including behind louvers, grilles, registers and various other construction elements.
     38. Furnish:  Supply only, do not install.
     39. GMP:  Guaranteed Maximum Price.
     40. Indicated:  Shown or noted on the Drawings.
     41. Install:  Install or apply only, do not furnish.
     42. Latent:  Not apparent by reasonable inspection including, without limitation, the inspections and research required as a condition to bidding under Document 00 7200 (General Conditions).
     43. Law: Unless otherwise limited, all applicable laws including without limitation all federal, state, and local laws, statutes, standards, rules, regulations, ordinances, and judicial and administrative decisions.
     44. Material:  This word shall be construed to embrace machinery, manufactured articles, materials of construction (fabricated or otherwise), and any other classes of material to be furnished in connection with Contract, except where a more limited meaning is indicated by context.
     45. Milestone:  A principal event specified in Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all Work.
     46. Modification:  Same as Contract Modification.
     47. Not in Contract or NIC:  Work that is outside the scope of Work to be performed by Contractor under Contract Documents.
     48. Notice of Completion: Shall have the meaning provided in California Civil Code Section 9202, and any successor statute.
     49. Off Site:  Outside geographical location of the Project.
     50. Owner:  Owner is defined in Document 00 5200 (Agreement).
     51. Owner-Furnished, Contractor Installed:  Items furnished by Owner at its cost for installation by Contractor at its cost under Contract Documents.
     52. Owner’s Representative(s):  See Document 00 5200 (Agreement).
     53. Partial Utilization:  Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all of the Work.
     54. PCBs:  Polychlorinated biphenyls.
     55. Phase:  A specified portion of the Work (if any) specifically identified as a Phase in Document 00 5200 (Agreement) or Section 01 1100 (Summary).
     56. Product Data:  That information (brochures, catalog sheets, manufacturer’s cut sheets, etc.) supplied by vendors having technical and commercial characteristics of the supplied equipment or materials and accompanying commercial terms such as warranties, instructions, and manuals.
     57. Progress Report:  A periodic report submitted by Contractor to Owner with progress payment invoices accompanying progress schedule.  See Document 00 7200 (General Conditions).
     58. Progress Schedule:  See Section 01 3200 Progress Schedules and Reports).
     59. Project:  Total construction of which Work performed under Contract Documents may be whole or part.
     60. Project Inspector:  The individual who has been duly approved by DSA and hired by Owner to provide continuous inspection of all Project Work. [applicable to DSA projects[]
     61. Project Manual:  Project Manual consists of Bidding Requirements, Agreement, Bonds, Certificates, Contract Conditions, Drawings, and Specifications.
     62. Project Record Documents:  All Project deliverables required under the Contract Documents, including without limitation, as built drawings; Installation, Operation, and Maintenance Manuals; and Machine Inventory Sheets.
     63. Proposal: A Bid.
     64. Provide:  Furnish and install.
     65. Request for Information (RFI): A document prepared by Contractor requesting information regarding the Project or Contract Documents.  The RFI system is also a means for Owner to submit Contract Document clarifications or supplements to Contractor.
     66. Request for Proposals (RFP):  A document issued by Owner to Contractor whereby Owner may initiate changes in the Work or Contract Time as provided in Contract Documents.
     67. Request for Substitution (RFS):  A document prepared by Contractor requesting substitution of materials as permitted and to the extent permitted in Contract Documents.
     68. RFI-Reply: A document consisting of supplementary details, instructions, or information issued by Owner that clarifies or supplements Contract Documents, and with which Contractor shall comply.  RFI-Replies do not constitute changes in Contract Sum or Contract Time except as otherwise agreed in writing by Owner.  RFI-Replies will be issued through the RFI administrative system.
     69. Samples:  Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged.
     70. Shop Drawings:  All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.
     71. Shown:  As indicated on Drawings.
     72. Site:  The particular geographical location of Work performed pursuant to the Contract Documents.
     73. Specifications:  The written portion of the Contract Documents consisting of requirements for materials, equipment, construction systems, standards, and workmanship for the Work; performance of related services.
     74. Specified:  As written in Specifications.
     75. Subcontractor:  A person or entity that has a direct contract with Contractor to perform a portion of the Work at the Site.  The term Subcontractor is referred to throughout the Contract Documents as if singular in number and neutral in gender and means a Subcontractor or an authorized representative of the Subcontractor.  The term Subcontractor does not include a separate contractor or subcontractors of a separate contractor.
     76. Substantial Completion:  The Work (or a specified part thereof) has progressed to the point where, in the opinion of Owner as evidenced by a notice or certificate of Substantial Completion, the Work is sufficiently complete, in accordance with Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended, and unperformed or incomplete work elements are minor in nature; or if no such certificate is issued, when the Work (or specified part) is complete and ready for final payment as evidenced by written recommendation of Owner for final payment.  The terms “Substantially Complete” and “Substantially Completed” as applied to all or part of the Work refer to Substantial Completion thereof.
     77. Supplemental Instruction:  A written directive from Owner to Contractor ordering alterations or Modifications that do not result in change in Contract Sum or Contract Time, and do not substantially change Drawings or Specifications.
     78. Technical Specifications:  Specification Sections included within Division 02 and above.
     79. Testing and Special Inspection Agency:  An independent entity engaged to inspect and/or test the workmanship, materials, or manner of construction of buildings or portions of buildings, to determine if such construction complies with the Contract Documents and applicable codes.
     80. TIE:  Time Impact Evaluation; see Section 01 2600 (Modification Procedures).  May also be referred to as Time Impact Analysis (TIA).
     81. Title 24:  California Code of Regulations, Title 24, Part 1 California Building Standards Administrative Code.
     82. Underground Facilities:  All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities that have been installed underground to furnish any of the following services or materials:  electricity, gases, chemicals, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems, or water.
     83. Unit Price Work:  Shall be the portions of the Work for which a unit price is provided in Document 00 5200 (Agreement) or Section 01 1100 (Summary of Work).
     84. Weather Station.  See Document 00 7200 (General Conditions) or Document 00 7301 (Supplemental Conditions).
     85. Work:  The entire completed construction, or the various separately identifiable parts thereof, required to be furnished under the Contract Documents within the Contract Time.  Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the Contract Documents including everything shown in the Drawings and set forth in the Specifications.  Wherever the word “work” is used, rather than the word “Work,” it shall be understood to have its ordinary and customary meaning.
  2. Other Defined Terms

  The following terms are not necessarily identified with initial caps; however they shall have the meaning set forth below:

  1. 1. Wherever words “as directed,” “as required,” “as permitted,” or words of like effect are used, it shall be understood that direction, requirements, or permission of Owner is intended.  Words “sufficient,” “necessary,” “proper,” and the like shall mean sufficient, necessary, or proper in judgment of Owner.  Words “approved,” “acceptable,” “satisfactory,” “favorably reviewed,” or words of like import, shall mean approved by, or acceptable to, or satisfactory to, or favorably reviewed by Owner.
     2. Wherever the word “may” or “ought” is used, the action to which it refers is discretionary.  Wherever the word “shall” or “will” is used, the action to which it refers is mandatory.

  PART 2 PRODUCTS - NOT USED

  PART 3 EXECUTION - NOT USED

  END OF SECTION

   

• SECTION 01 4523 TESTING AND INSPECTION —

  PART 1 GENERAL

  1.01 Section Includes

  1. Contractor’s Quality Control.
  2. Quality of the Work.
  3. Inspections by Division of the State Architect Inspector of Record. [if applicable]
  4. Inspections and Tests by Serving Utilities.
  5. Inspections and Tests by Manufacturer’s Representatives.
  6. Inspections by Independent Testing and Inspection Agency.
  7. Additional Testing and Inspection.

  1.02 Contractor’s Quality Control

  1. Contractor’s Quality Control.  Contractor shall develop a Quality Control (QC) program to qualify all Work through personal review of the Work, assuring complete and accurate installation of all materials, products and equipment in accordance with the approved Contract Documents.  Contractor’s QC program shall be staffed with individuals sufficiently learned in specific trade specialties as to recognize any and all deficiencies in the Work.  The QC staff shall assure all Work is in accordance with the approved Contract Documents prior to submitting an Inspection Request (IR) to Owner, third party, any IOR and/or City Building Official. All aspects of the Work, including product verification, appropriate product installation and application, shall be reviewed by such QC personnel and qualified as meeting the requirements of applicable codes and the approved Contract Documents.
  2. Quality Requirements.  Work shall be accomplished in accordance with quality requirements of Drawings and Specifications, including, by reference, all codes, laws, rules, regulations, and standards.  When no quality basis is prescribed, the quality and testing procedures shall be in accordance with the best-accepted practices of the construction industry for the locale of the Project, for projects of this type, or standards set by engineering or technical societies (e.g., ASTM or ASHRAE), whichever is more stringent.
  3. Quality Control Personnel.  Employ and assign knowledgeable and skilled personnel as necessary to perform quality control functions to ensure that the Work is provided as required.

  1.03 Quality of the Work

  1. Quality of Products.  Unless otherwise indicated or specified, all products shall be new, free of defects, and fit for the intended use.
  2. Quality of Installation.  All Work shall be produced plumb, level, square and true, or true to indicated angle, and with proper alignment and relationship between the various elements, as shown on or required by Contract Documents.
  3. Protection of Completed Work.  Take all measures necessary to preserve completed Work free from damage, deterioration, soiling, and staining, until acceptance by Owner.
  4. Standards and Code Compliance and Manufacturer’s Instructions and Recommendations.  Unless more stringent requirements are indicated or specified, comply with manufacturer’s instructions and recommendations, reference standards and building code requirements in preparing, fabricating, erecting, installing, applying, connecting, and finishing Work.
  5. Deviations from Standards and Code Compliance and Manufacturer’s Instructions and Recommendations.  Secure Owner’s advanced written consent.  Document and explain all deviations from reference standards and building code research report requirements and manufacturer’s product installation instructions and recommendations, including acknowledgement by the manufacturer that such deviations are acceptable and appropriate for the Project.
  6. Verification of Quality.  Work shall be subject to verification of quality by Owner in accordance with provisions of the Contract Documents.
     1. Cooperate by making Work available for inspection by independent testing and inspection agencies.
     2. Such verification may include mill, plant, shop, or field inspection as required.
     3. Provide access to all parts of the Work, including plants where materials or equipment are manufactured or fabricated.
     4. Provide all information and assistance as required, including that by and from subcontractors, fabricators, materials suppliers and manufacturers, for verification of quality by Owner.
     5. Applicable provisions of the Contract Documents shall govern Contract Modifications, if any, resulting from such verification activities.
  7. Observations by Owner’s Consultants.  Periodic and occasional observations of Work in progress will be made by Owner and Owner’s consultants as deemed necessary to review progress of Work and general conformance with design intent.
  8. Limitations on Inspection, Testing and Observation.  Neither employment of independent testing and inspection agency nor observations or tests by Owner and Owner’s consultants shall in any manner relieve Contractor of obligation to perform Work in full conformance to all requirements of Contract Documents.
  9. Owner’s Acceptance and Rejection of Work.  Owner reserves the right to reject all Work not in conformance to the requirements of the Drawings and Specifications, or otherwise defective.
  10. Correction of Defective Work.  Defective Work shall be modified, replaced, repaired or redone by the Contractor at no change in Contract Sum or Contract Time.
  11. Acceptance of Defective Work.  Acceptance of defective Work, without specific written acknowledgement and approval of Owner, shall not relieve the Contractor of the obligation to correct such Work.
  12. Contract Adjustment for Defective Work.  Should Owner determine that it is not feasible or in Owner’s interest to require defective Work to be repaired or replaced, an equitable reduction in Contract Sum shall be made by agreement between Owner and Contractor.  If equitable amount cannot be agreed upon, a Construction Change Directive will be issued and the amount in dispute resolved in accordance with Document 00 7200 (General Conditions) Article 12.
  13. Non‑Responsibility for Defective Work.  Owner and Owner’s consultants disclaim any and all responsibility for Work produced not in conformance with the Drawings and Specifications.
  14. Responsibility for Defective Work.  Contractor shall have full responsibility for all consequences resulting from defective work, including without limitation all delays, disruptions, extra inspection and correction costs by Contractor and Owner and re-Work, and extra time and costs of all types.  Contractor waives excuses for defective work relating to Owner’s prior review of Submittals and/or prior failure to notice defective work in place on inspection.

  1.04 Inspections and Tests by Governing Authorities

  1. Contractor shall cause all tests and inspections required by governing authorities having jurisdiction to be made for Work under this Contract.
     1. Such authorities may include, but are not limited to, the Division of State Architect, Office of Statewide Health Planning Department (OSHPD), Public Works Department, Fire Department, and similar agencies.
     2. Except as specifically noted, scheduling, conducting and paying for such inspections shall be solely the Contractor’s responsibility.

  1.05 Inspections and Tests by Serving Utilities

  1. Contractor shall cause all tests and inspections required by serving utilities to be made for Work under this Contract.  Scheduling conducting and paying for such inspections shall be solely the Contractor’s responsibility.

  1.06 Inspections and Tests By Manufacturer’s Representatives

  1. Contractor shall cause all tests and inspections specified to be conducted by materials or systems manufacturers to be made.  Additionally, all tests and inspections required by materials or systems manufacturers as conditions of warranty or certification of Work shall be made, the cost of which shall be included in the Contract Sum.

  1.07 Inspections By Independent Testing and Inspection Agency [if applicable]

  1. Owner will select an independent testing and inspection agency or agencies approved to conduct tests and inspections in accordance with Part 1, Title 24, Section 4-335, California Code of Regulations and as indicated on Drawings, in Specifications and as required by governing authorities having jurisdiction.
  2. Responsibility for time and costs shall be as indicated in schedule below.  All time and costs for Contractor’s service related to such tests and inspections shall be included in Contract Time and Contract Sum.
  3. Contractor shall notify Owner and Inspector in writing (and, if provided, on inspection request form provided by Owner) and, if directed by Owner, testing and inspection agency, when Work is ready for specified tests and inspections.  Contractor shall deliver this written notification at least 48 hours before the requested inspection date.
  4. Contractor will pay or reimburse Owner for all additional charges by testing and inspection agencies and governing authorities having jurisdiction due to the following:
     1. Contractor’s failure to properly schedule or notify testing and inspection agency or authorities having jurisdiction.
     2. Changes in sources, lots, or suppliers of products after original tests or inspections.
     3. Changes in means, methods, techniques, sequences, and procedures of construction that necessitate additional testing, inspection, and related services.
     4. Changes in mix designs for concrete and mortar after review and acceptance of submitted mix design.
     5. Contractor submitted requests to change materials or products, which are accepted, but require testing and/or reinspection beyond original design.
  5. Tests and special inspections to be paid by Owner may, where required, include the following:
  6. Test and Inspection Reports.  After each inspection and test, one copy of report shall be promptly submitted to Owner’s Representative, Contractor and/or any other consultant Owner designates and any agency having jurisdiction (if required by Code).
     1. Reports shall clearly identify the following:
        1. Date issued.
        2. Project name and number.
        3. Identification of product and Specifications Section in which Work is specified.
        4. Name of inspector.
        5. Date and time of sampling or inspection.
        6. Location in Project where sampling or inspection was conducted.
        7. Type of inspection or test.
        8. Date of test.
        9. Results of tests.
        10. Comments concerning conformance with Contract Documents and other requirements.
     2. Test reports shall indicate specified or required values and shall include statement whether test results indicate satisfactory performance of products.
     3. Samples taken but not tested shall be reported.
     4. Test reports shall confirm that methods used for sampling and testing conform to specified test procedures.
     5. When requested, testing and inspection agency shall provide interpretations of test results.
  7. Contractor Responsibilities in Inspections and Tests.
     1. Unless specified otherwise, Contractor shall notify Inspector, Owner’s Representative, or any other consultant Owner designates and independent testing and inspection agencies 48 hours in advance of expected time of each test and inspection, and for all other operations requiring inspection and testing services, by submitting Contractor’s inspection request in writing (or, if Owner provides a specific form, on that form).
        1. When tests or inspections cannot be performed after such notice, reimburse Owner for testing and inspection agency personnel and travel expenses incurred due to Contractor’s negligence.
     2. Contractor shall deliver to laboratory or designated location, adequate samples of materials proposed to be used that require advance testing, together with proposed mix designs.
     3. Contractor shall cooperate with Inspector, Owner’s Representative, or any other consultant Owner designates, and Owner’s consultants.  Provide access to Work areas and off‑Site fabrication and assembly locations, including during weekends and after normal Work hours.
     4. Contractor shall provide incidental labor and facilities to provide safe access to Work to be tested and inspected, to obtain and handle samples at the Site or at source of products to be tested, and to store and cure test samples.
     5. Contractor shall provide, at least 15 Days in advance of first test or inspection of each type, a schedule of tests or inspections indicating types of tests or inspections and their projected scheduled dates.

  1.08 Additional Testing and Inspection

  1. If initial tests or inspections made by the Inspector or Owner’s Representative, or any other consultant Owner designates reveal that materials do not comply with Title 24, California Code of Regulations or with the Contract Documents, or if Owner has reasonable doubt that materials do not comply with Title 24, California Code of Regulations or with Contract Documents, additional tests and inspections shall be made as directed.
  1. 1. If additional tests and inspections establish that materials comply with Contract Documents, Owner shall pay all costs for such tests and inspections.
     2. If additional tests and inspections establish that materials do not comply with Contract Documents, all costs of such tests and inspections shall be deducted from Contract Sum.
     3. If Work requiring inspection is covered by follow-on or follow-up Work before it is inspected, uncover Work so proper inspections can be performed.  All costs of such tests and inspections shall be deducted from Contract Sum.

  PART 2 PRODUCTS – NOT USED

  PART 3 EXECUTION – NOT USED

  END OF SECTION

   

• SECTION 01 5000 TEMPORARY FACILITIES AND CONTROLS —

  PART 1 GENERAL

  1.01 Summary

  1. Section Includes:
     1. Temporary Electricity.Temporary Electricity
     2. Temporary Communications.
     3. Temporary Water.Temporary Water
     4. Fences.
     5. Protection of Public and Private Property.
     6. Temporary Sanitary Facilities.
     7. Temporary Barriers and Enclosures.
     8. Water Control.
     9. Pollution Control.
     10. Construction Aids.
     11. Erosion Control.
     12. Noise Control.
     13. Traffic Control.
     14. Removal of Temporary Facilities and Controls.

  1.02 Temporary Electricity

  1. Contractor shall provide, maintain and pay for electrical power at the Site for construction purposes and for Contractor’s and Construction Manager’s trailers and any other site offices or trailers required by the Owner in the Contract Documents to be provided by Contractor.  Power may be obtained from Owner, but Contractor must provide all necessary wiring and appurtenances for connection to Owner’s system and Contractor must coordinate with PG&E [or other power utility] to install electricity meters to monitor and pay for Contractor’s power usage. 

  1.03 Temporary Communications

  1. Contractor shall provide, maintain and pay for all applicable communications and data services (including without limitation telephone, facsimile, e-mail and internet) to field office commencing at time of Project mobilization, including all installation and connection charges.  In addition, the Contractor shall provide, maintain and pay for a high speed internet service (such as cable or DSL) at the Site for both Contractor and Construction Manager’s trailers.

  1.04 Temporary Water

  1. Contractor shall provide, maintain and pay for all suitable quality water service required for construction operations.
  2. All water required for and in connection with the Work, including without limitation for dust control, shall be furnished by and at the expense of Contractor.  

  1.05 Additional Temporary Facilities [Optional]

  1. Contractor shall provide and maintain at the Project Site a separate trailer and required furnishings for use by the Construction Manager and Project Inspector, in addition to Contractor’s own trailer(s) or field office(s).
  2. Contractor shall provide and maintain at the Project Site adequate field office space for meetings and conferences with Owner and other Project participants, in either Contractor’s trailer(s) and field office(s) or in the Construction Manager’s trailer.

  1.06 Fences

  1. All existing fences affected by the Work shall be maintained by Contractor until Final Completion.  Fences which interfere with construction operations shall not be relocated or dismantled until Owner gives written permission to do so, and the period the fence may be left relocated or dismantled has been agreed upon.  Where fences must be maintained across the construction easement, adequate gates shall be installed.  Gates shall be kept closed and locked at all times when not in use.
  2. On completion of the Work across any tract of land, Contractor shall restore all fences to their original or to a better condition and to their original locations.

  1.07 Protection of Public and Private Property

  1. Contractor shall protect, shore, brace, support, and maintain all underground pipes, conduits, drains, and other underground construction uncovered or otherwise affected by its construction operations.  All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, fences, and other surface structures affected by construction operations, together with all sod and shrubs in yards, parkways, and medians, shall be restored to their original condition, whether within or outside the easement.  All replacements shall be made with new materials.
  2. Contractor shall be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, and other public or private property, regardless of location or character, which may be caused by transporting equipment, materials, or workers to or from the Work, Site or any part  thereof, whether by Contractor or Subcontractors.  Contractor shall make satisfactory and acceptable arrangements with the Owner, or the agency or authority having jurisdiction over the damaged property, concerning its repair or replacement or payment of costs incurred in connection with the damage.
  3. All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times.

  1.08 Temporary Sanitary Facilities

  1. Contractor shall provide and maintain required temporary buildings with sanitary toilets for use of all workers.  At a minimum, sanitary facilities shall be located at trailer site, staging area, and adjacent to work area.
  2. Sanitary facilities shall be of reasonable capacity, properly maintained throughout the construction period, and obscured from public view to the greatest practical extent.  If toilets of the chemically treated type are used, at least one toilet will be furnished for each 20 persons.  Contractor shall enforce the use of such sanitary facilities by all personnel at the Site.
  3. Contractor shall comply with all minimum requirements of the Health Department or other public agency having jurisdiction; maintain sanitary facilities in a sanitary condition at all times.
  4. Contractor shall provide temporary sanitary facilities for Campus and Staff during utility interruptions.
  5. Contractor shall keep sanitary facilities free from graffiti.

  1.09 Temporary Barriers and Enclosures

  1. Provide barriers to prevent unauthorized entry to construction areas to allow for Owner's use of Site, and to protect existing facilities and adjacent properties from damage from construction operations.
  2. Provide barricades required by governing authorities for public access to existing buildings.
  3. Protect vehicular traffic, stored materials, Site, and structures from damage.

  1.10 Water Controls

  1. Grade Site to drain.
  2. Maintain excavations free of water.
  3. Protect Site from puddling or running water.
  4. Provide water barriers as required to protect Site from soil erosion.
  5. Provide for drainage of storm water and such water as may be applied or discharged on the Site in performance of the Work.  Drainage facilities shall be adequate to prevent damage to the Work, the Site, and adjacent property.
  6. Clean, enlarge and/or supplement existing drainage channels and conduit as necessary to carry all increased runoff attributable to Contractor’s operations.  Provide sediment tanks and other features to avoid increased runoff, to protect Owner’s facilities and the Work, and to direct water to drainage channels or conduits.  Provide ponding as necessary to prevent downstream flooding.

  1.11 Pollution Control

  1. Contractor shall prevent the pollution of drains and watercourses by sanitary wastes, sediment, debris, and other substances resulting from construction activities.  No sanitary wastes shall be permitted to enter any drain or watercourse other than sanitary sewers.  No sediment, debris, or other substance shall be permitted to enter sanitary sewers without authorization of the receiving sanitary sewer service, and all possible Best Management Practices (BMPs) shall be taken to prevent such materials from entering any drain to watercourse.  Rate of discharge for storm water may not be increased by the Project during or following construction.
  2. Contractor shall comply with required storm water pollution control requirements.  The Contractor shall implement BMPs during construction activities as specified in the applicable governing requirements for California Storm Water Best Management Practices Handbook (California Association of Stormwater Quality Agencies (CASQA), 2009), and/or the Manual of Standards for Erosion and Sediment Control Measures (Association of Bay Area Governments (ABAG) 2002).  Erosion and sedimentation control practices shall include installation of silt fences, straw wattle, soil stabilization, revegetation, and runoff control to limit increases in sediment in stormwater runoff, including but not limited to, detention basins, straw bales, silt fences, check dams, geofabrics, drainage swales, and sand bag dikes.
  3. In the event that dewatering of excavations is required, Contractor shall obtain the necessary approval and permits for discharge of the dewatering effluent from the local jurisdiction.  Contractor shall be responsible for assuring that water quality of such discharge meets the appropriate permit requirements prior to any discharge.

  1.12 Construction Aids

  1. Contractor shall furnish, install, maintain, and operate all construction aids required by it and its Subcontractors in the performance of the Work, except as otherwise provided herein.  Such construction aids shall include elevators and hoists, cranes, temporary enclosures, swing staging, scaffolding and temporary stairs.  Construction aids shall be furnished without charge to the Subcontractors, and all necessary erection, maintenance, and operating personnel shall be included.  In the event of conflict, the contractor furnishing the equipment shall determine priorities in the best interest of the Project.

  1.13 Erosion Control

  1. Contractor shall prevent soil erosion on the Site and adjacent property resulting from its construction activities to the maximum extent practical, including implementation of Best Management practices.  Effective measures shall be initiated prior to the commencement of clearing, grading, excavation, or other operations that will disturb the natural protection.
  2. Work shall be scheduled to expose areas subject to erosion for the shortest possible time, and natural vegetation shall be preserved to the greatest extent practicable.  Temporary storage and construction buildings shall be located, and construction traffic routed, to minimize erosion.  Temporary fast-growing vegetation or other suitable ground cover shall be provided as necessary to control runoff.

  1.14 Noise Control

  1. When required by OSHA Standards, construction workers shall be provided with ear protection to operate equipment.
  2. Contractor shall take reasonable measures to avoid unnecessary noise.  Such measures shall be appropriate for the normal ambient sound levels in the area during working hours.  All construction machinery and vehicles shall be equipped with practical sound-muffling devices, and operated in a manner to cause the least noise consistent with efficient performance of the Work.  During construction activities on or adjacent to occupied buildings, and when appropriate, Contractor shall erect screens or barriers effective in reducing noise in the building and shall conduct its operations to avoid unnecessary noise which might interfere with the activities of building occupants.
  3. Ensure and provide certification to Owner that all construction equipment and vehicles used for the Work are:
     1. Maintained in good mechanical condition
     2. Equipped with properly installed engine mufflers

  1.15 Traffic Control

  1. All traffic associated with the construction, including without limitation delivery and mail trucks, shall enter the Contractor’s access gate and shall use the route indicated in Section 01 1100 (Summary of Work).  Sign types and locations shall be reviewed by the Owner’s Representative.  Contractor shall provide signs directing construction and delivery traffic to this gate.  Construction truck traffic shall be limited to off-peak traffic hours, between the hours of 10:00 a.m. and 4:00 p.m., Monday through Friday, unless other arrangements are made at least 24 hours in advance with Owner’s Representative.

  1.16 Removal of Temporary Facilities and Controls

  1. Remove temporary utilities, equipment, facilities, and materials prior to final inspection.
  2. Remove underground installations.
  3. Clean and repair damage caused by installation or use of temporary work.
  4. Restore existing facilities used during construction to original condition.  Restore permanent facilities used during construction to be specified condition.

  PART 2 PRODUCTS – NOT USED

  PART 3 EXECUTION – NOT USED

  END OF SECTION

   

• SECTION 01 5600 SITE SECURITY AND SAFETY —

  PART 1 GENERAL

  1.01 Submittals

  1. See Section 01 3300 (Submittals).
  2. Site Security.
  3. Safety Program.

  1.02 Overview.

  1. Failure to comply with the requirements of this Section will be considered grounds for Owner or its designated representatives to issue an order suspending Work or terminate the Contract for cause.
  2. Owner or its designated representatives may also perform safety inspections and may issue a written notice ordering Contractor to correct an unsafe act or condition.  If Contractor fails to correct the unsafe act or condition within the requested time frame, Owner or its representative may have the condition corrected and bill Contractor for the costs associated with the correction.

  1.03 Protection

  1. Contractor shall continuously maintain protection as necessary to protect the Work, as a whole and in part, and adjacent property and improvements from accidents, injuries or damage.
  2. Properly protect the Work:
     1. With lights, guard rails, temporary covers and barricades.
     2. Enclose excavations with proper barricades.
     3. Brace and secure all parts of the Work against storm and accident.
     4. Provide such additional forms of protection that may be necessary under existing circumstances.
  3. Contractor shall provide and maintain in good condition all protective measures required to adequately protect the public from hazards resulting from the Work and to exclude unauthorized persons from the Work.  When regulated by Building Code, Cal OSHA, or other authority, such legal requirements for protection shall be considered as minimum requirements.  Be responsible for the protection in excess of such minimum requirements as required.

  1.04 Control of Site

  1. Contractor shall ensure that no alcohol, firearms, weapons, or controlled substance enters or is used at the Site.  Contractor shall immediately remove from the Site and terminate the employment of any employee found in violation of this provision.

  1.05 Site Security

  1. As part of the Work included within the Contract Price, Contractor shall take and be fully responsible for all reasonably required measures to protect and maintain the security of persons, existing facilities and property at the Site, including without limitation preventing theft, loss, vandalism and improper concealment of personal property of the Owner and all persons lawfully present on the Site, and including times where workers are not present on the Site.  Contractor’s measures shall include, at a minimum, maintaining a log of all persons entering and leaving the Site and who they represent, what they are delivering and to whom.
  2. No claim shall be made against Owner by reason of any act of an employee or trespasser, and Contractor shall repair all damage to Owner’s property resulting from Contractor’s failure to provide adequate security measures.
  3. Contractor shall maintain a lock on the construction access gate at all times.  Contractor shall appoint one person to let people through the gate and maintain the sign-in/out list, with person’s name, company, reason for entering, what they are delivering, time and date.  Alternatively, Contractor shall provide a full-time guard at the gate at all times to control access and maintain the sign-in/out list.  The sign in/out list shall be available to Owner at any time upon request.  If Owner determines that the gate has been left unlocked, Contractor shall if requested by Owner provide a full time guard at no additional expense to the Owner.
  4. Contractor shall supply additional security fencing, barricades, lighting, and other security measures as required to protect and control the Site.

  1.06 Safety Program

  1. Within 15 days after Notice to Proceed, Contractor shall submit a Safety Program that has been reviewed and approved by an Industrial Hygienist certified by the American Board of Industrial Hygiene or a Certified Safety Professional.  The Safety Program shall include the name, certification number, and certification seal of the Industrial Hygienist or Certified Safety Professional.  Comply with the Safety Program and all applicable federal, state, and local regulation codes, rules, law and ordinances.
  2. Receipt and/or review of the Safety Program by Owner, Engineer or Owner’s representative shall not relieve Contractor of any responsibility for complying with all applicable safety regulations.
  3. It is essential that Contractor and each Subcontractor implement an effective and vigorous Safety and Health Program to cover their respective portions of the Work.  Subject to Contractor’s overall responsibility for Project safety, it shall be understood that the full responsibility for providing a safe place to work with respect to their respective portions of the Work rests with Contractor and each individual Subcontractor.
  4. Safety Program components:
     1. Injury and Illness Prevention Program (IIPP):  Conforming to the General Industrial Safety Orders (CCR Title 8, Division 1, Chapter 4, Subchapter 7, Section 3203), and the California Labor Code (Section 6401.7).
     2. Site-Specific Safety and Health Plan (SSHP):  Describing health and safety procedures that shall be implemented during the Work in order to ensure safety of the public and those performing the Work.  Follow the guidelines for a SSHP listed in CCR Title 8, Division 1, Chapter 4, Subchapter 7, Section 5192, Item (b)(4) f.
     3. Confined Space Program:  The Site contains permit- and non-permit-confined spaces.  Owner will provide Contractor with any available information regarding permit space hazards, entry operations, and safety information relating to work in the permit spaces as set forth in the General Industrial Safety Orders (CCR Title 8, Division 1, Chapter 4, Subchapter 7, Section 5157).  Permit space entry is allowed only through compliance with a permit space program meeting the requirements of Section 5157 of the General Industrial Safety Orders.  During entry operations, or at the conclusion of entry operations, verbally notify Engineer of the permit space program followed and of any hazards confronted or created in permit spaces during entry operations.
  5. The wearing of hard hats shall be mandatory at all times for personnel on Site.  Supply sufficient hard hats to equip properly all employees and visitors.
  6. Whenever an exposure exists, appropriate personal protective equipment (PPE) shall be used by all affected personnel.  Supply PPE to all personnel under Contractor’s direction.

  1.07 Safety Requirements

  1. Standards.  Contractor shall maintain the Project in accordance with state and local safety and insurance standards.
  2. Hazards Control. Contractor shall:
     1. Store volatile wastes in covered metal containers and remove from premises daily.
     2. Prevent accumulation of wastes that create hazardous conditions.
     3. Provide adequate ventilation during use of volatile or noxious substances.
  3. Contractor shall conduct cleaning and disposal operations to comply with local ordinances and anti-pollution laws.  Contractor shall not:
     1. Burn or bury rubbish or waste material on the Site.
     2. Dispose of volatile wastes such as mineral spirits, oil, or paint thinner in storm or sanitary drains.
     3. Dispose of wastes into streams or waterways.
  4. Contractor shall provide accident information on the forms provided by Contractor.  This information shall be provided on the same day as the occurrence of the applicable incident.

  1.08 Site Safety Officer

  1. Contractor shall designate one of Contractor’s staff as “Site Safety Officer” whose duties shall include the responsibility for enforcing the environmental protection provisions of the Contract Documents including safety and health, the requirements of the Occupational Safety and Health Act, and other applicable federal, state and local standards.  Submit for review by Owner Contractor’s intended traffic flow plan, security plan, program for temporary structures, housecleaning plan, demolition program, and environmental safety and health plan.  After review by Owner, the implementation and enforcement of these plans shall become the responsibility of the Site Safety Officer.  Any changes in the plans shall be requested by Contractor through the Site Safety Officer for written concurrence by Owner.
  2. Owner’s risk management representative(s) shall be allowed access to accident/injury and illness reports, inspection reports, scheduling and construction meetings, and safety meetings.

  1.09 Additional Safety Controls

  1. According to industry practices, it is the responsibility of Contractor and Subcontractors of every tier to exercise reasonable care to prevent work-related injuries, property and equipment damage at the Project site, as well as minimize risk to the public and third-party property.  Contractor and all Subcontractors shall undertake loss control prevention practices according to those requirements set by federal, state and city laws, statutes and specific project procedures developed for this Project.
  2. Should Owner elect to proceed with an Owner Controlled Insurance Program (OCIP), in the event of an accident it will be the responsibility of Contractor and Subcontractors of every tier to see that injured workers or members of the public are given immediate medical treatment and that all appropriate medical and claim forms are filed with the appropriate State Authorities and in accordance with the claim procedures developed for this project by OCIP Administrator.
  3. Should Owner elect to proceed with an OCIP, failure of a Contractor or Subcontractor to submit Safety documents to the OCIP Administrator will result in the Assessment of liquidated damages against the Contractor in the amount specified in the OCIP.
  4. Regardless of the insurance program chosen by the Owner, Contractor and Subcontractors of every tier will be expected to comply with the following safety and loss control requirements:
     1. All Subcontractors of any tier shall identify their contact person(s) to Contractor.
     2. Contractor and all Subcontractors of any tier Owner procedures regarding dealing with the media.
     3. Hard hats will be mandatory as per CAL OSHA Construction Safety orders.
     4. All construction employees will be required to be attired in workpants, shirt and appropriate boots or closed toe shoes.
     5. No Alcohol will be allowed construction sites at any time.
     6. Smoking Policy:  Owner’s policy is to provide a safe learning and working environment for both students and employees. It is recognized that smoke from cigarettes, pipes and/or cigars is hazardous to health; therefore, it is Owner’s intent to provide a smoke-free environment to the greatest extent possible.  To achieve this goal, Owner limits smoking on its property to outdoor areas only, at a minimum of 20 feet away from any doorway, entrance to an indoor facility, or fresh air intake vent.  Smoking is prohibited in all of Owner’s indoor facilities.  The sale or distribution of cigarettes or other smoking material is also prohibited.
        1. Contractor shall develop and enforce a smoking policy within work site area(s) that is in alignment with Owner’s smoking policy.  Contractor shall prohibit smoking in existing buildings that are under renovation.  Contractor shall prohibit smoking in new buildings under construction no later than when the roof and exterior walls have been installed.
  5. Controlling access to the construction site is a very high priority, and Contractor and Subcontractors of every tier must take whatever preventative measure, such as barriers, fencing, etc., as are outlined in Contract Specifications.
  6. Contractor and Subcontractors of every tier must respond to any Owner complaints about objectionable levels of dust or noise and must provide appropriate abatement as quickly as possible.
  7. Construction personnel may not enter Owner’s grounds other than the construction site unless accompanied by Owner personnel, and they are allowed only ‘incidental’ contact with students. Violations of these requirements by any construction employee will result in a mandatory background check of that employee – including fingerprinting – as required by California law.
  8. Fall protection is mandatory on all projects in accordance with CAL OSHA, OSHA and any other appropriate code.
  9. A site specific Injury and Illness Prevention Program shall be available on site with Contractor.  Contractor and Subcontractors of every tier shall abide by this program.
  10. Personal radios, headsets, I-Pods and CD players are not allowed on the job site.
  11. Contractor and Subcontractors of every tier must attend the pre-construction safety meeting.
  12. No sexual reference or preference shall be permitted on any piece of clothing or the hardhat.  Any construction employee observed disregarding this policy shall be removed from the job site until further notice.
  13. All construction employees shall park in their designated parking area.  Any sticker attached to the employees’ vehicle that displays any form of sexual preference or reference shall be removed prior to parking at the site.  Each employee will provide their license plate number to Contractor.  Any employee disregarding this policy shall be removed from the site until further notice.
  14. Contractor and Subcontractors of every tier shall control employee break time activities to assure cleanup of all soda cans, food wrappers, plastic bottles, and food containers, from break areas.  All break areas shall be cleaned immediately after the break and all waste placed in trash receptacles.  No glass containers are permitted on the site.
  15. Theft or willful damage to any property of the Owner, faculty, student, or other contractors will be prosecuted fully.
  16. No guns, switchblades, or knives with blades greater than two inches shall be allowed on the job site.  Any employee disregarding this policy shall be removed from the site until further notice.
  17. The Prime Contractor shall assume overall responsibility for project safety compliance.
  18. Contractor and all Subcontractors shall advise those non-English speaking employees in their native language either in a written format or via an interpreter of these policies.

  PART 2 PRODUCTS - NOT USED

  PART 3 EXECUTION - NOT USED

  END OF SECTION

   

• SECTION 01 5713 TEMPORARY EROSION AND SEDIMENTATION CONTROL [OPTIONAL] —

  PART 1 GENERAL

  1.01      SUMMARY

  1. Section Includes:
     1. Temporary erosion and sedimentation control.
     2. Accessories required for a complete installation.
  2. Related Sections:
     1. Section 01 5000, Temporary Facilities and Controls.

  1.02      NOT USED

  1.03      NOT USED

  1.04      SUBMITTALS

  1. Submit in accordance with Section 01 3300, Submittals and this Paragraph.
     1. Stormwater Pollution Prevention Plan (SWPPP) and schedule.
     2. Schedules for accomplishment of temporary and permanent erosion control and work required, as applicable for clearing and grubbing, grading, trenching, paving, and other construction.
     3. Proposed method of erosion control on haul roads and borrow pits and a plan for disposal of waste materials.
  2. Submit for review and approval prior to beginning work on the Project site, and not later than 15 calendar days after Notice of Award.
  3. Working drawings and data on proposed silt fences and other geotextiles, including physical properties of geotextile fabric.

  1.05 DELIVERY, STORAGE, AND HANDLING

  1. Deliver, handle, and store materials in accordance with recommendations of manufacturer.

  PART 2 PRODUCTS

  2.01 MATERIALS

  1. Jute Matting:  Provide jute matting consisting of a uniform, open, plain weave of single jute yarn.
     1. Yarn:  Loosely twisted construction; no variation in thickness by more than 1/2 of its normal diameter.
     2. Weave:  Provide openings of approximately one square inch.
     3. Matting width:  45 inches or more, continuous lengths of minimum 150 feet, minimum weight of 0.9 pounds per square yard.
     4. Staples:  Minimum 0.1055 inch (aka 12 gauge) or heavier steel wire bent to U shape 2 inches wide.
     5. Length:  Minimum 10 inches long unless Owner allows shorter length for hardpan soil conditions.
     6. Install jute matting in accordance with manufacturer's recommendations.
  2. Miscellaneous Materials:
     1. Plastic sheeting:  Clear polyethylene plastic sheeting at least 10 mils thick, secured with anchor restrainers (gravel filled bags) per detail shown on drawings.
     2. Temporary drainage curbs.
     3. Machine extruded asphalt concrete or concrete temporary drainage curbs.
     4. Silt fences:  Construct silt fences of geotextile drainage fabric supported on wood or metal posts.
     5. Temporary Fiber Rolls:  Provide fiber rolls with staking per detail shown on drawings.
     6. Temporary concrete washout facility.
     7. [Enter “NOT USED” if not applicable] Aggregate:  Refer to Section 32 1123, Aggregate Base Courses, for grading requirements for 1-1/2 inch Class 2 aggregate base.

  PART 3 EXECUTION

  3.01 GENERAL

  1. Accomplish erosion and sediment control through use of berms, dikes, swales, dams, fiber mats, plastic sheeting, netting, gravel, storm drain inlet protection, slope drains, sediment fences, and other sediment barriers; gravel construction entrances; and other erosion control devices or methods.
  2. Coordinate temporary pollution control provisions with permanent erosion control features specified elsewhere in the contract documents to the extent practicable to assure economical, effective, and continuous erosion control throughout the construction and post-construction period.
  3. Architect may limit surface area of erodible earth material exposed by clearing, grubbing, excavation, borrow, embankment, and fill operations.
     1. Provide immediate, permanent or temporary pollution control measures to prevent contamination of adjacent streams or other watercourses, lakes, ponds, or other areas of water impoundment.
     2. Work may involve construction of temporary berms, dikes, dams, sediment basins, and slope drains; use of temporary mats; or other control devices or methods as necessary to control erosion.
  4. Construct facilities required for clearing, grading, and land alteration activities, to ensure that sediment-laden water does not enter drainage systems or violate applicable water standards.
  5. Permanent Features:
     1. Incorporate permanent erosion control features at earliest practicable time.  Use temporary pollution control measures to correct unforeseen conditions that develop during construction, to provide measures that are needed prior to installation of permanent pollution control features, or to temporarily control erosion that develops during normal construction.
     2. Where erosion interferes with clearing and grubbing operations, schedule and perform work so that grading operations and permanent erosion control features can follow immediately; otherwise, provide temporary erosion control measures between successive construction stages.
  6. Areas of Work:
     1. Limit the area of clearing, grubbing, excavation, borrow, and embankment operations in progress commensurate with progress.  Should seasonal limitations result in unrealistic coordination of operations, take temporary erosion control measures immediately.
     2. Flag boundaries of clearing limits prior to construction.
        1. Do not disturb or permit disturbance of ground beyond flagged boundary.
        2. Maintain flagging for duration of work.
     3. Temporary soil erosion and sediment control may include construction work outside right of way where work is necessary as a result of project construction such as borrow pit operations, haul roads, and equipment storage sites.
  7. Maintenance:
     1. Maintain erosion control features installed, including replacement and upgrading of facilities when needed, until work is completed and notice of Final Acceptance issued.
     2. Maintain catch basins (inlets with sumps or inverted siphons) so that not more than one foot sediment is allowed to accumulate within a trap (or sump).
        1. Clean catch basins and storm drains prior to paving and prior to Substantial Completion.
        2. Remove sediment.  Do not flush sediment-laden water into downstream system.
     3. Keep paved areas clean for the duration of the project.
     4. Measures in addition to those indicated may be required.
     5. Do not permit more than a one-foot depth of sediment to accumulate behind a silt fence.
     6. Remove sediment or regrade it into slopes, and repair and reestablish silt fences as needed.
     7. Remove silt fences in entirety when no longer required.  Fences are required until uphill area has been permanently stabilized.
     8. Remove pipes, end sections, drainage curbs, silt fences, and other materials from temporary erosion control devices; those not incorporated into permanent work become property of Contractor.

  3.02 MATTING

  1. Place matting flat in single thickness strips paralleling direction of probable water flow.
  2. Lap multiple strips of jute, or coconut matting, in shingle fashion in accordance with manufacturers' recommendations.
  3. Overlapping of adjacent strips of excelsior matting is not required.
  4. Place matting in contact with soil at each point and secure with staples.

  3.03 STORM DRAIN INLET PROTECTION

  1. Storm drain inlet protection must prevent sediment from entering storm drain systems prior to permanent stabilization of disturbed areas.
  2. Use storm drain inlet protection:
     1. Where storm drain inlets are operational before permanent stabilization of disturbed drainage area.
     2. Adjacent to and immediately downhill of utility type construction in existing paved areas with catch basin drainage.
     3. When cleaning streets.
  3. Use berms when required to direct drainage to flow through filters and prevent bypassing of inlets.
  4. Do not permit more than one-foot depth of sediment to accumulate against storm drain inlet protection.
     1. Remove sediment and restore inlet protection as needed to maintain sediment trapping and filtering capability.

  3.04      TEMPORARY EROSION BLANKETS

  1. Use temporary erosion blankets to provide immediate protection and physical stabilization of disturbed soils and when vegetative cover cannot be achieved.
  2. Use temporary erosion blankets on areas of steep slopes (greater than 50 percent) and areas of moderate slope that are prone to erosion, particularly during wet weather.
  3. Use erosion blankets on level areas and on slopes up to 2:1 slope.
     1. Where soil is highly erodible, use netting only in conjunction with organic mulch.
     2. Apply blanket to be in complete contact with soil to prevent erosion beneath it.
     3. Securely anchor erosion blankets to slope in accordance with manufacturer's recommendations.

  3.05 TEMPORARY SILT FENCES

  1. Use temporary silt fence to reduce the transport of sediment from construction site by providing temporary physical barrier to sediment and reducing runoff velocities.
     1. Do not install silt fences across streams.
  2. Construct temporary silt fences:
     1. Downslope below disturbed areas where runoff may occur as sheet runoff.
     2. At toe of soil stockpiles.
     3. At downstream side of grade breaks exceeding 20 percent.
     4. Following discharge from sediment trap or pond.
  3. Provide maximum sheet or overland flow path length to silt fence.
  4. Select silt fence system to functions as indicated.
  5. Construct silt fences along contours where feasible.
  6. Install manufactured sediment control fences in accordance with manufacturer's recommendations.

  3.06 TEMPORARY SLOPE DRAINS

  1. Provide temporary slope drains consisting of a waterproof drainage structure to carry surface water down embankment slopes with a minimum of erosion.
     1. Install plastic or metal drains with end section pipe stub and elbow sections at top of each slope drain with minimum 12 inch diameter metal.
     2. Extend temporary slope drains along the embankment as height of embankment increases.
     3. Direct water into drains by means of temporary earth berms at top of embankment slopes as indicated on drawings.
     4. Install temporary drainage curbs on staged construction surface to direct water to temporary drains until construction of permanent drainage structures is completed, at which time the temporary drainage curb and the temporary slope drains are removed.

  3.07 GRAVEL CONSTRUCTION ENTRANCES

  1. Use gravel construction entrances to reduce transport of mud, dirt, rocks, and other matter onto roads by motor vehicles or storm water runoff by constructing a stabilized pad of gravel at entrances and exits to construction sites.
  2. Construct gravel construction entrances at construction sites at point where traffic is leaving site and moving directly onto public roads, other paved areas, or other approved access points.
     1. Provide construction conforming to details shown on drawings.
     2. Place geotextile under gravel.
  3. [Enter “NOT USED” if not applicable] Provide clean pit run gravel or aggregate specified in Section 32 1123, Aggregate Base Courses.
  4. Provide gravel pad at least 8 inches thick and 50 feet in length.
     1. Width:  Full width of vehicle ingress and egress area.
     2. Add gravel periodically as needed to maintain proper function of the pad.
  5. If gravel pad does not adequately remove dirt and mud from vehicle wheels to prevent mud and dirt tracking off site, take additional measures.
     1. Additional measures will include hosing off wheels before vehicles leave site or other construction techniques or work operation modifications.
     2. Perform wheel washing on gravel pad and drain wash water through silt trapping structure prior to leaving construction site.

  PART 4 MEASUREMENT AND PAYMENT

  4.01      Measurement

  1. No separate measurement will be made for the Work of this Section.

  4.02     Payment

  1. Payment for the work of this Section will be included in lump sum payment(s) for the applicable building or facility in accordance with Schedule of Values.

  END OF SECTION

   

• SECTION 01 6000 PRODUCT REQUIREMENTS —

  PART 1 GENERAL

  1.01 Section includes

  1. Products. Products
  2. Product Options and Substitutions.
  3. Product Delivery Requirements.
  4. Shipping Requirements.
  5. Product Storage and Handling Requirements.

  1.02 Products

  1. Products:  Term includes new material, machinery, components, equipment, fixtures, and systems forming the Work. Term does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work.  Products may also include existing materials or components required for reuse.
  2. Contractor shall not use materials and equipment removed from existing premises, except as specifically permitted by the Contract Documents.
  3. For similar components, Contractor shall provide interchangeable components of the same manufacturer.
  4. Tabulate products by Specification Section number and title.
  5. For products specified only by reference standards, list each such product:
     1. Name and address of manufacturer.
     2. Trade name.
     3. Model or catalog designation.
     4. Manufacturer’s data:
        1. Reference standards.
        2. Performance test data.

  1.03 Product Options and Substitutions

  1. Summary.  This Paragraph 1.03 describes procedures for selecting products and requesting substitutions of unlisted materials in lieu of materials named in the Specifications or approved for use in Addenda that were not already the subject of a Document 00 6325 (Substitution Request Form) submittal as provided in Document 00 2113 (Instructions to Bidders).  Time periods provided in Document 00 2113 are mandatory.
  2. All substitution requests must be made by using Document 00 63 5 (Substitution Request Form), regardless of when requested.
  3. Contractor’s Options.
     1. For products specified only by reference standard: Select any product meeting that standard.
     2. For products specified by naming one or more products or manufacturers:
        1. Select products of any named manufacturer meeting specifications.
        2. If product becomes unavailable due to no fault of Contractor, submit Request for Substitution (RFS), including all information contained in this Section 01 6000 (Product Requirements) and a fully executed Document 00 6325 (Substitution Request Form), but using the term ”Contractor” each place the term ”Bidder” or “Proposer” appears in that form.
  4. Substitutions.
     1. Except as provided in Document 00 2113 (Instructions to Bidders) with respect to “or equal” items, Owner will consider Contractor’s substitution requests only when product becomes unavailable due to no fault of Contractor, or if the product specified no longer complies with local regulations or laws.
     2. Catalog numbers and specific brands or trade names followed by the designation “or approved equal” are used in conjunction with material and equipment required by the Specifications to establish the standard of quality, utility, and appearance required.  Substitutions which are equal in quality, utility, and appearance to those specified may be accepted subject to the following provisions.
        1. Failure of Contractor to submit proposed substitutions for approval in the manner described above and within the time prescribed shall be sufficient cause for disapproval by Owner or the Architect of any substitutions otherwise proposed.
        2. Such acceptance shall not relieve Contractor from complying with the requirements of the Drawings and Specifications.
        3. Wherever more than one manufacturer’s product is specified, the first-named product is the basis for the project design and the use of alternative named manufacturer’s products or substitutes may require modifications in the project design and construction.  If such alternatives are proposed by Contractor and are favorably reviewed by Architect, Contractor shall be responsible for all costs of any changes resulting from Contractor’s proposed substitutions which affect other parts of the Work, including the cost of Architect’s additional services, testing, permits, etc. thereby made necessary.
        4. If a request for substitution occurs after the period specified in Document 00 2113, the substitution may be reviewed at the sole discretion of Owner and Architect, and the costs of such review, as approved by Owner, shall be borne by Contractor and will be deducted from the Contract Sum.
        5. Requests for review of proposed substitute items will not be accepted from anyone other than Contractor.  The RFS shall state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice Contractor’s achievement of Substantial Completion on time, and whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for work on the Project).
     3. Contractor shall submit separate RFS and Document 00 6325 (five copies each) for each product and support each request with:
        1. Product identification.
        2. Manufacturer’s literature.
        3. Samples, as applicable.
        4. Name and address of similar projects on which product has been used, and dates of installation.
        5. Name, address, and telephone number of manufacturer’s representative or sales engineer.
        6. For construction methods:  Detailed description of proposed method; drawings illustrating methods.
     4. Where required, Contractor shall itemize a comparison of the proposed substitution with product specified and list significant variations including, but not limited to dimensions, weights, service requirements, and functional differences.  If variation from product specified is not pointed out in submittal, variation will be rejected even though submittal was favorably reviewed. Identify all variations of the proposed substitute from that specified in the RFS and indicate available maintenance, repair, and replacement service.
     5. Contractor shall state whether the substitute will require a change in any of the Contract Documents (or provisions of any other direct contract with Owner for work on the Project) to adapt the design of the proposed substitute, and whether or not incorporation or use of the substitute in connection with Work is subject to payment of any license fee or royalty.  Submit data relating to changes in construction schedule.
     6. Contractor shall include accurate cost data comparing proposed substitution with product and amount of net change in Contract Sum including, but not limited to, an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by Owner in evaluating the proposed substitute.  Owner may require Contractor to furnish additional data about the proposed substitute.
     7. Owner will not consider substitutions for acceptance (or, in Owner’s sole discretion, Owner may make Contractor solely responsible for all resulting costs, expenses and other consequences) when a substitution:
        1. Results in delay meeting construction Milestones or completion dates.
        2. Is indicated or implied on submittals without formal request from Contractor.
        3. Is requested directly by Subcontractor or supplier.
        4. Acceptance will require substantial revision of Contract Documents.
        5. Disrupts Contractor’s job rhythm or ability to perform efficiently.
     8. Substitute products shall not be ordered without written acceptance of Owner.
     9. Owner will determine acceptability of proposed substitutions and reserve right to reject proposals due to insufficient information.
     10. Accepted substitutions will be evidenced by a Change Order.  All Contract Documents requirements apply to Work involving substitutions.
  5. Contractor’s Representation and Warranty.
     1. Contractor’s RFS constitute a representation and warranty that Contractor.
        1. Has investigated proposed product and determined that it meets or exceeds, in all respects, specified product.
        2. Will provide the same warranty for substitution as for specified product.
        3. Will coordinate installation and make other changes that may be required for Work to be complete in all respects.
        4. Waives claims for additional costs which may subsequently become apparent.
        5. Will compensate Owner for additional redesign costs associated with substitution.
        6. Will be responsible for Construction Schedule slippage due to substitution.
        7. Will be responsible for Construction Schedule delay due to late ordering of available specified products caused by requests for substitution that are subsequently rejected by Owner.
        8. Will compensate Owner for all costs; including extra costs of performing Work under Contract Documents, extra cost to other contractors, and any claims brought against Owner, caused by late requests for substitutions or late ordering of products.
  6. Owner’s Duties.  Owner will:
     1. Review Contractor’s RFS with reasonable promptness.
     2. Notify Contractor in writing of decision to accept or reject requested substitution.
  7. Administrative Requirements.
     1. Specified products, materials, or systems for Project may include architectural or engineering or on‑file standards required by the regulatory agency.  Contractor’s substitution of products, materials or systems may require additional architectural or engineering, testing, reviews, approvals, assurances, or other information for compliance with regulatory agency requirements or both.  Contractor shall provide all agency approvals or other additional information required and pay additional costs for required Owner services made necessary by the substitution at no increase in Contract Sum or Contract Time, and as a part of substitution proposal.

  1.04 Product Delivery Requirements

  1. Contractor shall:
     1. Deliver products in accordance with manufacturer's instructions.
     2. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged.
  2. Preparation for Shipment.  All equipment shall be suitably packaged to facilitate handling and to protect against damage during transit and storage.  All equipment shall be boxed, crated, or otherwise completely enclosed and protected during shipment, handling, and storage.  All equipment shall be protected from exposure to the elements and shall be kept dry at all times.
     1. Painted and coated surfaces shall be protected against impact, abrasion, discoloration, and other damage.  Painted and coated surfaces which are damaged prior to acceptance of equipment shall be repainted to the satisfaction of Owner.
     2. Grease and lubricating oil shall be applied to all bearings and similar items.
  3. Shipping.  Before shipping each item of equipment shall be tagged or marked as identified in the delivery schedule or on the Shop Drawings.  Complete packing lists and bills of material shall be included with each shipment.

  1.05 Product Storage and Handling Requirements

  1. Contractor shall:
     1. Store products only in staging area per provisions of Section 01 1100 (Summary of Work). 
     2. Handle, store, and protect products in accordance with manufacturer's instructions, with seals and labels intact and legible.
     3. Store sensitive products in weather-tight, climate-controlled enclosures.
     4. For exterior storage of fabricated products, place on appropriate supports, above ground.
  2. Contractor shall also:
     1. Cover products subject to deterioration with impervious sheet covering. Provide ventilation to avoid condensation.
     2. Store loose granular materials on solid flat surfaces in a well-drained area.
     3. Provide equipment and personnel to store products by methods to prevent soiling, disfigurement, or damage.
     4. Arrange storage of products to permit access for inspection.
     5. Periodically inspect to assure products are undamaged and are maintained under specified conditions.
  3. Without limiting the foregoing:
     1. Contractor shall bear the responsibility for delivery of equipment, spare parts, special tools, and materials to the Site and shall comply with the requirements specified herein and provide required information concerning the shipment and delivery of the materials specified in Contract Documents.  These requirements also apply to any sub-suppliers making direct shipments to the Site.  Acceptance of the equipment shall be made only after it is installed, tested, placed in operation and found to comply with all the specified requirements.
     2. All items shall be checked against packing lists immediately on delivery to the Site for damage and for shortages.  Damage and shortages shall be remedied with the minimum of delay.
     3. No metalwork (miscellaneous steel shapes and reinforcing steel) shall be stored directly on the ground.  Masonry products shall be handled and stored in a manner to hold breakage, chipping, cracking, and spalling to a minimum.  Cement, lime, and similar products shall be stored off the ground on pallets and shall be covered and kept completely dry at all times.  Pipe fittings and valves may be stored out of doors, but must be placed on wooden blocking.  PVC pipe, geomembranes, plastic liner, and other plastic materials shall be stored off the ground on pallets and protected from direct sunlight.
     4. Electrical equipment, and all equipment with antifriction or sleeve bearings shall be stored in weathertight structures maintained at a temperature above 60°F.  Electrical equipment, controls, and insulation shall be protected against moisture and water damage.  All space heaters furnished in equipment shall be connected and operated continuously.
     5. Equipment having moving parts such as gears, bearings, and seals, shall be stored fully lubricated with oil, grease, etc., unless otherwise instructed by the manufacturer.  Manufacturer’s storage instructions shall be carefully followed by Contractor.
     6. When required by the equipment manufacturer, moving parts shall be rotated a minimum of twice a month to ensure proper lubrication and to avoid metal to metal “welding”.  Upon installation of the equipment, Contractor shall, at the discretion of Owner, start the equipment at one-half load for an adequate period of time to ensure that the equipment does not deteriorate from lack of use.
     7. When required by the equipment manufacturer, lubricant shall be changed upon completion of installation and as frequently as required thereafter during the period between installation and acceptance.  New lubricants shall be put into the equipment by Contractor at the time of acceptance.
     8. Equipment and materials shall not show any pitting, rust, decay, or other deleterious effects of storage when installed in the Work.
     9. In addition to the protection specified for prolonged storage, the packaging of spare units and spare parts shall be for export packing and shall be suitable for long-term storage in a damp location.  Each spare item shall be packed separately and shall be completely identified on the outside of the container.
  4. Handling.  Stored items shall be laid out to facilitate their retrieval for use in the Work.  Care shall be taken when removing the equipment for use to ensure the precise piece of equipment is removed and that it is handled in a manner than does not damage the equipment.

  PART 2 PRODUCTS - NOT USED

  PART 3 EXECUTION - NOT USED

  END OF SECTION

   

• SECTION 01 7400 CLEANING AND WASTE MANAGEMENT —

  PART 1 GENERAL

  1.01 Section Includes:

  1. Progress Cleaning.
  2. Final Cleaning.

  1.02 Progress Cleaning

  1. Contractor shall perform periodic [optional –daily] cleaning to ensure that any streets and other Owner and public properties are maintained free from accumulation of waste materials, dust, mud, and debris.
  2. Where required, Contractor shall wet down surfaces to lay dust and prevent the blowing of dust to nearby residences or public properties.
  3. Contractor shall keep all streets clean and free of dust, mud, and debris resulting from Contractor’s operations.  Daily cleanup throughout the job will be necessary as Contractor progresses with Work, but extra attention to cleanup shall be made prior to weekends and holidays.  Without limiting the foregoing, Contractor shall remove trench spoil along traveled ways daily; grade and vacuum broom surfaces initially where applicable and later water flush with high-pressure sprays, being careful to avoid downstream contamination.
  4. All dust, mud, spoils, and construction debris shall be removed daily from all roadways, ditches, shoulders, and private property (fills or spoils placed on private property at private property owner's written request excepted).
  5. Disposal of Materials:
     1. As part of the scope of Work included within the Contract Sum, Contractor shall be fully responsible for disposing of all construction debris, dirt and spoils resulting from the Work.
     2. All waste materials, debris, dirt and rubbish shall be disposed of at sites to be chosen by Contractor in accordance with applicable local, state, and federal regulations.
     3. Contractor is cautioned that County and cities within the County have regulations governing the disposal of rubble, broken pavement, and similar materials.
     4. Contractor shall become familiarized with the requirements of the agency having jurisdiction over any contemplated disposal site and shall comply with all such requirements.
  6. Contractor will estimate and report to the Owner, an estimate of quantities (e.g. tonnage) of waste materials disposed of for compliance with AB75.  Reporting requirements include:  the nature of materials, destination, volume and tonnage.
  7. All excess soil from performance of Work shall be disposed at sites to be chosen by Contractor in accordance with applicable local, state, and federal regulations.  If Contractor elects to dispose of soil on any private property, prior to any dumping, a letter allowing such dumping shall be obtained from the property owner and presented to Owner.  Contractor is advised that the property owner is required to obtain a fill permit from the applicable government agency(ies).  In addition, placement of fill in wetland areas is subject to permit procedures of the US Army Corps of Engineers.  At the completion of Work, a letter from each affected property owner will be required releasing Contractor, County, Owner and any Owner consultant from future liability.
  8. If Contractor does not properly clean the Site, in Owner’s opinion, then Owner shall have the option of using outside equipment to perform the cleanup and such cost will be withheld from the Contract Sum.

  1.03 Final Cleaning

  1. Contractor shall execute final cleaning prior to final inspection, using only properly skilled workers.
  2. Remove grease, dust, dirt, stains, labels, fingerprints, and other foreign materials from exposed interior and exterior finished surfaces.
  3. Repair, patch, and touch up marred surfaces to match adjacent finishes.
  4. Clean interior and exterior surfaces exposed to view; remove temporary labels, stains and foreign substances, polish transparent and glossy surfaces, vacuum carpeted and soft surfaces.
  5. Clean equipment and fixtures to a sanitary condition, clean or replace filters of mechanical equipment operated during construction, clean ducts, blowers and coils of units operated without filters during construction.
  6. Clean Site; mechanically sweep paved areas.
  7. Remove waste and surplus materials, rubbish, and construction facilities from Site.

  PART 2 PRODUCTS – NOT USED

  PART 3 EXECUTION – NOT USED

  END OF SECTION

   

• SECTION 01 7700 CONTRACT CLOSEOUT —

  PART 1 GENERAL

  1.01 Summary

  1. Section describes requirements and procedures for:
     • Removal of Temporary Construction Facilities
     • Substantial Completion
     • Equipment and Systems
     • Final Completion
     • Final Cleaning
     • Close Out
     • Warranties
     • Release of Claims
     • Fire Inspection Coordination
     • Building Inspection Coordination

  1.02 Substantial Completion

  1. Removal of Temporary Construction Facilities and Project Cleaning.
     1. Prior to Substantial Completion inspection: remove temporary materials, equipment, services, and construction; clean all areas affected by the Work; clean and repair damage caused by installation or use of temporary facilities; restore permanent facilities used during construction to specified condition.
  2. Equipment and Systems.
     1. Prior to Substantial Completion, Contractor shall start up, run for periods prescribed by Owner, operate, adjust and balance all manufactured equipment and Project systems, including but not limited to, mechanical, electrical, safety, fire, and controls.
     2. Demonstrate that such equipment and systems conform to contract standards and manufacturer’s guarantees.  Where applicable, use testing protocols specified, and if the contract is silent, then consistent with manufacturer’s recommendations and industry standards.
     3. [Optional] Detailed commissioning requirements are contained in Section 01 xx xx. [to be inserted]
  3. Procedure for Substantial Completion.
     1. When Contractor considers Work or designated portion of the Work as Substantially Complete, submit written notice to Owner, with list of items remaining to be completed or corrected and explanation of why such items do not prevent Owner’s beneficial use and occupancy of the Work for its intended purposes.  Within reasonable time, Owner will inspect to determine status of completion.
     2. Should Owner determine that Work is not Substantially Complete, Owner will promptly notify Contractor in writing, listing all defects and omissions.  Contractor shall remedy deficiencies and send a second written notice of Substantial Completion.  Owner will reinspect the Work.  If deficiencies previously noted are not corrected on reinspection, then pay the cost of the reinspection.
     3. When Owner concurs that Work is Substantially Complete, Owner will issue a written notice or certificate of Substantial Completion, accompanied by Contractor’s list of items to be completed or corrected as verified by Owner.
     4. Manufactured units, equipment and systems that require startup must have been started up and run for periods prescribed by Owner before a Certificate before a notice or certificate of Substantial Completion will be issued.
     5. A punch list examination will be performed upon Substantial Completion.  One follow-up review of punch list items for each discipline will be provided.  If further Site visits are required to review punch list items due to incompleteness of the Work by Contractor, Contractor will reimburse Owner for costs associated with these visits.

  1.03 Final Completion

  1. Requirements.
     1. Final Completion occurs when Work meets requirements for Owner’s Final Acceptance.
  2. Procedure.
     1. When Contractor considers Work is Finally Complete, submit written certification that:
        1. Contractor has inspected Work for compliance with Contract Documents, and all requirements for Final Acceptance have been met. 
        2. Except for Contractor maintenance after Final Acceptance, Work has been completed in accordance with Contract Documents and deficiencies listed with Certificate of Substantial Completion have been corrected.  Equipment and systems have been tested in the presence of Owner, and are operative.
        3. Project Record Documents are completed and turned over to Owner as required by Section 01 7839, and Work is complete and ready for final inspection.
     2. In addition to submittals required by Contract Documents, provide submittals required by governing authorities and submit final statement of accounting giving total adjusted Contract Sum, previous payments, and sum remaining due.
     3. Should Owner determine that Work is incomplete or Defective, Owner promptly will so notify Contractor, in writing, listing the incomplete or Defective items.  Contractor shall promptly remedy the deficiencies and notify the Owner when it is ready for reinspection.
  3. Final Adjustments of Accounts.
     1. Contractor shall submit a final statement of accounting to Owner, showing all adjustments to the Contract Sum and complete and execute Document 00 6530 (Agreement and Release of Any and All Claims).
     2. If so required, Owner shall prepare a final Change Order for submittal to Contractor, showing adjustments to the Contract Sum that were not previously made into a Contract Modification.
  4. Warranties.
     1. Execute Contractor’s Submittals and assemble warranty documents, and Installation, Operation, and Maintenance Manuals, executed or supplied by Subcontractors, suppliers, and manufacturers.  Provide table of contents and assemble in 8½ inches by 11 inches three-ring binder with durable plastic cover, appropriately separated and organized.  Assemble in Specification Section order.
     2. Submit material prior to final Application for Payment. For equipment put into use with Owner’s permission during construction, submit within 14 Days after first operation. For items of Work delayed materially beyond Date of Substantial Completion, provide updated Submittal within 14 Days after acceptance, listing date of acceptance as start of warranty period.
        1. Warranties are intended to protect Owner against failure of Work and against deficient, defective and faulty materials and workmanship, regardless of sources.
        2. Limitations:  Warranties are not intended to cover failures that result from the following:
           1. Unusual or abnormal phenomena of the elements
           2. Vandalism after Substantial Completion
           3. Insurrection or acts of aggression including war
        3. Related Damages and Losses: Remove and replace Work which is damaged as result of defective Work, or which must be removed and replaced to provide access for correction of warranted Work.
        4. Warranty Reinstatement:  After correction of warranted Work, reinstate warranty for corrected Work to date of original warranty expiration or to a date not less than one year after corrected Work was done, whichever is later.
        5. Replacement Cost:  Replace or restore failing warranted items without regard to anticipated useful service lives.dd
     3. Warranty Forms:  Submit drafts to Owner for approval prior to execution.  Forms shall not detract from or confuse requirements or interpretations of Contract Documents.  Warranty shall be countersigned by manufacturers.  Where specified, warranty shall be countersigned by Subcontractors and installers.
     4. Rejection of Warranties:  Owner reserves right to reject unsolicited and coincidental product warranties that detract from or confuse requirements or interpretations of Contract Documents.
     5. Term of Warranties:  For materials, equipment, systems, and workmanship, warranty period shall be one year minimum from date of Final Completion of entire Work except where:
        1. Detailed Specifications for certain materials, equipment or systems require longer warranty periods.
        2. Materials, equipment or systems are put into beneficial use of Owner prior to Final Completion as agreed to in writing by Owner.
  5. Warranty of Title.
     1. No material, supplies, or equipment for Work under Contract shall be purchased subject to any chattel mortgage, security agreement, or under a conditional sale or other agreement by which an interest therein or any part thereof is retained by seller or supplier.  Contractor warrants good title to all material, supplies, and equipment installed or incorporated in Work and agrees upon completion of all Work to deliver premises, together with improvements and appurtenances constructed or placed thereon by Contractor, to Owner free from any claim, liens, security interest, or charges, and further agrees that neither Contractor nor any person, firm, or corporation furnishing any materials or labor for any Work covered by Contract shall have right to lien upon premises or improvement or appurtenances thereon.  Nothing contained in this paragraph, however, shall defeat or impair right of persons furnishing materials or labor under bond given by Contractor for their protection or any rights under law permitting persons to look to funds due Contractor in hands of Owner.

  1.04 Final Cleaning

  1. Contractor shall comply with all applicable requirements in Section 01 7400 (Cleaning and Waste Water Management).

  1.05 Project Record Documents

  1. Contractor shall comply with all applicable requirements in Section 01 7839 (Project Record Documents).

  1.06 Project Guarantee

  1. Requirements for Contractor’s guarantee of completed Work are included in Article 9 of Document 00 7200 (General Conditions).  Guarantee Work done under Contract against failures, leaks, or breaks or other unsatisfactory conditions due to defective equipment, materials, or workmanship, and perform repair work or replacement required, at Contractor’s sole expense, for period of one year from date of Final Acceptance.
  2. Neither recordation of Final Acceptance nor final certificate for neither payment nor provision of the Contract or partial or entire use or occupancy of premises by Owner shall constitute acceptance of Work not done in accordance with Contract Documents nor relieve Contractor of liability in respect to express warranties or responsibility for faulty materials or workmanship. 
  3. Owner may make repairs to defective Work as set forth in Document 00 7200 (General Conditions).
  4. If, after installation, operation, or use of materials or equipment to be provided under Contract proves to be unsatisfactory to Owner, Owner shall have right to operate and use materials or equipment until said materials and equipment can, without damage to Owner, be taken out of service for correction or replacement.  Period of use of defective materials or equipment pending correction or replacement shall in no way decrease guarantee period required for acceptable corrected or replaced items of materials or equipment.
  5. Nothing in this Section shall be construed to limit, relieve, or release Contractor’s, Subcontractors’, and equipment suppliers’ liability to Owner for damages sustained as result of latent defects in equipment caused by negligence of suppliers’ agents, employees, or Subcontractors.  Stated in another manner, warranty contained in the Contract Documents shall not amount to, nor shall it be deemed to be, waiver by Owner of any rights or remedies (or time limits in which to enforce such rights or remedies) it may have for defective workmanship or defective materials under laws of this State pertaining to acts of negligence.

  1.07 Turn-In.

  1. Contract Documents will not be closed out and final payment will not be made until all keys issued to Contractor during prosecution of Work and letters from property owners, pursuant to Contract Documents, are turned into Owner.

  1.08 Release of Claims.

  1. Contract Documents will not be closed out and final payment will not be due or made until Document 00 6530 (Agreement and Release of Any and All Claims) is completed and executed by Contractor and Owner.

  1.09 Fire Inspection Coordination.

  1. Coordinate fire inspection and secure sufficient notice to Owner to permit convenient scheduling (if applicable).

  1.10 Building Inspection Coordination.

  1. Coordinate with Owner a final inspection for the purpose of obtaining an occupancy certificate (if applicable).

  PART 2 PRODUCTS – NOT USED

  PART 3 EXECUTION – NOT USED

  END OF SECTION

   

• SECTION 01 7839 PROJECT RECORD DOCUMENTS —

  PART 1 GENERAL

  1.01 Summary

  1. Section Includes:  Administrative and procedural requirements for Project Record Documents.
  2. Project Record Documents required include:
     1. Marked-up copies of Drawings
     2. Marked-up copies of Shop Drawings
     3. Newly prepared Drawings
     4. Marked-up copies of Specifications, Addenda, Change Orders and Contract Change Directives (CDs)
     5. Marked-up Product Data submittals
     6. Record Samples
     7. Field records, such as photographs, for variable and concealed conditions
     8. Maintenance forms for major equipment
     9. Record information on Work that is recorded only schematically
  3. Specific Project Record Documents requirements that expand requirements of this Section are included in the individual Sections of Divisions 02 through 60.
  4. General Project closeout requirements are included in Section 01 7700 (Contract Closeout).
  5. Maintenance of Documents and Samples:
     1. Store Project Record Documents and Samples in the field office apart from Contract Documents used for construction.
     2. Do not permit Project Record Documents to be used for construction purposes.
     3. Maintain Project Record Documents in good order and in a clean, dry, legible condition. 
     4. Make Documents and Samples available at all times for inspection by Owner.
  6. Dedicate one full size set of the Drawings and one Project Manual for use for recording as-built conditions.

  1.02 Project Record Drawings

  1. Mark-up Procedure:  During the construction period, maintain a set of blueline or blackline prints of Contract Drawings and Shop Drawings for Project Record Documents purposes.  Label each document (on first sheet or format page) “PROJECT RECORD” in 2-inch high printed letters.  Keep record documents current.  Note:  A reference by number to a Change Order, CD, RFI, RFQ, RFP, Field Order or other such document is not acceptable as sufficient record information on any record document.  Do not permanently conceal any Work until required information has been recorded.
     1. Mark these Drawings to indicate the actual installation where the installation varies appreciably from the installation shown originally.  Give particular attention to information on concealed elements that would be difficult to identify or measure and record later.  Items required to be marked include but are not limited to:
        1. Dimensional changes to the Drawings
        2. Revisions to details shown on the Drawings
        3. Depths of various elements of foundation in relation to main floor level or survey datum
        4. Horizontal and vertical location of underground utilities and appurtenances referenced to permanent surface improvements
        5. Location of internal utilities and appurtenances concealed in construction referenced to visible and accessible features of structure
        6. Locations of underground work, points of connection with existing utilities, changes in direction, valves, manholes, catch basins, capped stub outs, invert elevations, and similar items
        7. Actual numbering of each electrical circuit
        8. Field changes of dimension and detail
        9. Revisions to routing of piping and conduits
        10. Revisions to electrical circuitry
        11. Actual equipment locations
        12. Duct size and routing
        13. Changes made by Change Order or CD
        14. Details not on original Contract Drawings
     2. Mark completely and accurately Project Record Drawing prints of Contract Drawings or Shop Drawings, whichever is the most capable of showing actual physical conditions.  Where Shop Drawings are marked, show cross-reference on Contract Drawings location.
     3. Mark Project Record Drawing sets with red, erasable colored pencil; use other colors to distinguish between changes for different categories of the Work at the same location.
     4. Mark important additional information that was either shown schematically or omitted from original Drawings.
     5. Note CD numbers; alternate numbers, Change Order numbers, and similar identification.
     6. Responsibility for Mark-up:  Where feasible, the individual or entity who obtained Project Record Drawing data, whether the individual or entity is the installer, Subcontractor, or similar entity, is required to prepare the mark-up on Project Record Drawings.
        1. Accurately record information in an understandable and legible drawing technique.
        2. Record data as soon as possible after it has been obtained.  In the case of concealed installations, record and check the mark-up prior to concealment.
  2. Preparation of Record Drawings:  Immediately prior to inspection for Certification of Substantial Completion, review completed marked-up Project Record Drawings with Owner, Project Inspector (if any) and Architect to consolidate and ensure accuracy of information.  Once accuracy of information is confirmed, prepare and submit a full electronic set, in AutoCAD format, of as-built.  When authorized, prepare a full set of correct transparencies of Contract Drawings and Shop Drawings.
     1. Incorporate changes and additional information previously marked on print sets.  Delete, redraw, and add details and notations where applicable.  Identify and date each Drawing; include the printed designation “PROJECT RECORD DRAWING” and date prepared in a prominent location on each Drawing.
     2. Refer instances of uncertainty to Owner for resolution.
     3. Distribution:  Whether or not changes and additional information were recorded, organize and bind original marked-up set of prints that were maintained during the construction period into manageable sets.  Bind the set with durable paper cover sheets, with appropriate identification, including titles, dates, and other information on cover sheets, and submit to Owner.
  3. Distribution of Marked-Up Drawings:  Submit the marked-up Project Record Drawings set to Owner for Owner’s records.
  4. Shop Drawings and Samples:  Maintain as record documents; legibly annotate Shop Drawings and Samples to record changes made after review.
  5. In addition to requirements of this Section, comply with supplemental requirements of Divisions 02 through 60.
     1. Divisions [Owner to Provide] of the Specifications require the preparation of large scale, detailed layout drawings of the Work of those Divisions.  These layout drawings are not Shop Drawings as defined by Document 00 7200 (General Conditions), but together with Shop Drawings or layout drawings of all other affected Sections are used to check, coordinate, and integrate the work of the various Sections.
     2. Include these layout drawings as part of the Project Record Documents.

  1.03 Project Record Specifications

  1. During the construction period, maintain one copy of the Project Specifications, including addenda and modifications issued, for Project Record Documents purposes.
  2. Mark the Project Record Specifications to indicate the actual installation where the installation varies substantially from that indicated in Specifications and Modifications issued.  Note related Project Record Drawing information, where applicable.  Give particular attention to substitutions, selection of product options, Change Order and Construction Change Directive work, and information on concealed installation that would be difficult to identify or measure and record later.
     1. In each Specification Section where products, materials or units of equipment are specified or scheduled, mark the copy with the proprietary name and model number of the product furnished.
     2. Record the name of the manufacturer, catalog number, supplier and installer, and other information necessary to provide a record of selections made and to document coordination with Project Record Product Data submittals and maintenance manuals.
     3. Note related Project Record Product Data, where applicable, for each principal product specified, indicate whether Project Record Product Data has been submitted in maintenance manual instead of submitted as Project Record Product Data.
     4. Upon completion of mark-up, submit Project Record Specifications to Owner for Owner’s records.

  1.04 Additional Requirements for Final Project Record Documents

  1. Note all changes for the final Project Record Documents and provide one set of mylar reproducibles, one set of revised Specifications and one set of disks or CDs to be submitted to Owner.
  2. After Substantial Completion and before Final Completion, carefully transfer all data shown on the job set of Record Drawings to the corresponding computer files, coordinating the information as required.
  3. Using a distinct AutoCAD layer, clearly indicate at each affected detail and other drawings a full description of changes made during construction, and the actual location of items as previously specified.
  4. “Cloud” all affected areas using a distinct AutoCAD layer.
  5. Submit duplicate electronic files of all drawings in Tag Image File Format (.tif).
  6. In the event that Contractor utilizes Building Information Modeling (BIM) software or an alternate computerized application to AutoCAD to design and record its design and construction services, Contractor shall submit as Project Record Documents the equivalent files, computer software, and any other relevant items, and train Owner personnel in its use, to allow Owner to receive and fully utilize the alternate method to meet the intent of the requirements of this Section 01 7839 Project Record Documents.
  7. [For consideration]Stamp each Record Drawing with the following information:
     1. Project Record Document.
     2. Prepared by:  Contractor’s name, permanent address.
     3. Date prepared.
     4. Contractor’s signature.
     5. Owner Contract Number.

  1.05 Project Record Product Data

  1. During the construction period, maintain one copy of each Project Record Product Data submittal for Project Record Document purposes.
     1. Mark Project Record Product Data to indicate the actual product installation where the installation varies substantially from that indicated in Project Record Product Data submitted.  Include significant changes in the product delivered to the Site, and changes in manufacturer’s instructions and recommendations for installation.
     2. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later.
     3. Note related Change Orders and mark-up of Project Record Drawings, where applicable.
     4. Upon completion of mark-up, submit a complete set of Project Record Product Data to Owner for Owner’s records.
     5. Where Project Record Product Data is required as part of maintenance manuals, submit marked-up Project Record Product Data as an insert in the manual, instead of submittal as Project Record Product Data.
     6. Contractor is responsible for mark-up and submittal of Project Record Product Data for its own Work.
  2. Material, Equipment, and Finish Data:
     1. Provide data for primary materials, equipment and finishes as required under each Specification Section.
     2. Submit three (3) hard copy sets and one (1) digital copy, on compact disc (CD) prior to final inspection, bound in 8-1/2 inches by 11 inches three-ring binders with durable plastic covers; provide typewritten table of contents for each volume.  Provide project identification information on binder covers and spines.
     3. Arrange by Specification Section number and give names, addresses, and telephone numbers of Subcontractors and suppliers.  List:
        1. Trade names.
        2. Model or type numbers.
        3. Assembly diagrams.
        4. Operating instructions.
        5. Cleaning instructions.
        6. Maintenance instructions.
        7. Recommended spare parts.
        8. Product data.

  1.06 Miscellaneous Project Record Submittals

  1. Refer to other Specification Sections for miscellaneous record keeping requirements and submittals in connection with various construction activities.  Immediately prior to Substantial Completion, complete miscellaneous records and place in good order, properly identified and bound or filed, ready for use and reference.  Submit to the Owner for Owner’s electronic records, in Adobe pdf format.  Categories of requirements resulting in miscellaneous records include, but are not limited to, the following:
     1. Field records on excavations and foundations
     2. Field records on underground construction and similar work
     3. Survey showing locations and elevations of underground lines
     4. Invert elevations of drainage piping
     5. Surveys establishing building lines and levels
     6. Authorized measurements utilizing unit prices or allowances
     7. Records of plant treatment
     8. Ambient and substrate condition tests
     9. Certifications received in lieu of labels on bulk products
     10. Batch mixing and bulk delivery records
     11. Testing and qualification of tradespersons
     12. Documented qualification of installation firms
     13. Load and performance testing
     14. Inspections and certifications by governing authorities
     15. Leakage and water-penetration tests
     16. Fire resistance and flame spread test results
     17. Final inspection and correction procedures
     18. Final As-Built Construction Schedule

  1.07 Maintenance Forms for Major Equipment

  1. See Section 01 6000 Product Requirements

  1.08 Installation, Operations and Maintenance Manuals

  1. Contractor shall compile O&M manuals for every piece of equipment and building operating or electrical system, commissioned or not, with the following formats:
  1. 1. Quantity: as specified in Section 01 7700 Contract Closeout [confirm] (unless more are required by the Technical Specifications).
     2. Hard Media Format:
  1. 1. 1. Size:  8¹/₂ x 11 inch, 3 ring loose-leaf binders.  Use as many binders as required for each element as listed below.  Do not overload binders. 
        2. Binding:  Bind in stiff, metal-hinged, three-ring binder(s) with standard three-hole punching.  Binders shall be 3-inch maximum.  Use white or black colored binders with integrated clear plastic covers to enable insertion of binder titles.
        3. Sheet lifters:  Provide plastic sheet lifters prior to first page and following last page.
        4. Binder titles:  Include the following title on front and spine of binder:

           NAME OF PROJECT (YEAR)

           INSTALLATION, OPERATION AND MAINTENANCE MANUAL

        5. Sheet Size:  8½ x 11 inch
        6. Drawing Size:  Reduce drawings or diagrams to an 8½ x 11 inch or 11 x 17 inch size. However, where reduction is not practical to ensure readability, fold larger drawings separately and place in vinyl envelopes bound into the binder.  Identify vinyl envelopes with drawing numbers.
        7. Dividers:  Use dividers with permanently marked tabs of card stock to separate each section and sub section.  Tab labels shall not be handwritten.  Use a main tab for each specification section.  Behind the section number tab there shall be the equipment ID tag sub-tab for each piece of major equipment (or group, if small or numerous).  These sub-tabs shall be similar to the specification number tabs but of a different color.
        8. Contents
           1. Title page, which shall be a duplicate of front binder title
           2. Table of Contents
           3. Equipment Sections and Sub sections
              1. Contractor.  The first page behind the equipment tab shall be the Contractor’s name, address and telephone number of the manufacturer and installing contractor and the 24-hour number for emergency service for all equipment in this section, identified by equipment. 
              2. Submittal and Product Data.  This section shall include all approved submittal data, cut sheets, data base sheets and appropriate shop drawings.  If submittal was not required for approval, descriptive product data shall be included.
              3. Operation and Maintenance Instructions.  These shall be the written manufacturer’s data with the model and features of this installation clearly marked and edited to omit reference to products or data not applicable to this installation.  This section shall include data on the following:
                 1. Model number, serial number and nameplate data for each piece of equipment and any subcomponent. 
                 2. Installation, startup and break-in instructions.
                 3. All starting, normal shutdown, emergency shutdown, manual operation and normal and emergency operating procedures and data, including any special limitations.
                    1. Step-by-step procedure for system startup, including a pre-start checklist.  Refer to controls and indicators by nomenclature consistent with that used on panels and in control diagrams.
                    2. Sequence of operation, with detailed instruction in proper sequence, for each mode of operation (i.e., day-night; staging of equipment).
                    3. Emergency operation:  If some functions of the equipment can be operated while other functions are disabled, give instructions for operations under these conditions.  Include here only those alternate methods of operations (from normal) which the operator can follow when there is a partial failure or malfunctioning of components, or other unusual condition.
                    4. Shutdown procedure:  Include instructions for stopping and securing the equipment after operation.  If a particular sequence is required, give step-by-step instructions in that order.
                 4. O&M and installation instructions that were shipped with the unit.
                 5. Preventative and corrective maintenance, with service procedures and schedules:
                    1. Provide a schedule for preventive maintenance in a printed format and an electronic format compatible with owner’s system. State, preferably in tabular form, the recommended frequency of performance for each preventive maintenance task, cleaning, inspection and scheduled overhauls.
                    2. Cleaning:  Provide instructions and schedules for all routine cleaning and inspection with recommended lubricants.
                    3. Inspection:  If periodic inspection of equipment is required for operation, cleaning or other reasons, indicate the items to be inspected and give the inspection criteria for: motors; controls; filters and any other maintenance items.
                    4. Provide instructions for minor repairs or adjustments required for preventive maintenance routines.  Identify test points and give values for each.  Include sensor calibration requirements and methods by sensor type.
                    5. Corrective maintenance instructions shall be predicated upon a logical effect-to-cause troubleshooting philosophy and a rapid replacement procedure to minimize equipment downtime.
                    6. Troubleshooting:  Troubleshooting tables, charts, or diagrams shall be used to present specified procedures.  A guide to this type shall be a three-column chart.  The columns shall be titled:  malfunction, probable cause and recommended action.
                    7. Repair and Replacement:  Indicate repair and replacement procedures most likely to be required in the maintenance of the equipment. 
                    8. A list of recommended spare parts with a price list and a list of spare parts provided under this Contract.
                    9. Outline, cross-section, and assembly drawings; engineering data; and electrical diagrams, including elementary diagrams, labeled wiring diagrams, connection diagrams, word description of wiring diagrams and interconnection diagram
                 6. Safety Precautions:  This subsection shall comprise a listing of safety precautions and instructions to be followed before, during and after making repairs, adjustments or routine maintenance.
                 7. Manufacturers' brochures (including controls):  Manufacturers' descriptive literature covering devices and equipment used in the system, together with illustrations, exploded views and renewal parts lists.  Manufacturers’ standard brochures and parts list shall be corrected so that information applying to the actual installed equipment is clearly defined.
                 8. Supply any special tools required to service or maintain the equipment.
                 9. Performance data, ratings and curves.
                 10. Warranty and guarantee, which clearly lists conditions to be maintained to keep warranty in effect and conditions that would affect the validity of the warranty.
                 11. Any service contracts issued.
           4. Supplemental Data.  Prepare written text and/or special drawings to provide necessary information, where manufacturer’s standard printed data is not available and information is necessary for a proper understanding and operation and maintenance of equipment or systems, or where it is necessary to provide additional information to supplement data included in the manual or project documents.
           5. Control Diagrams/Drawings.  Include the as-built control diagrams/drawings for the piece of equipment and its components, including full points list, full print out of all schedules and set points after testing and acceptance of the system, and copies of all checkout tests and calibrations performed by the contractor (not commissioning tests).
           6. Specifications.  This section is comprised of the component or system specification section copied and inserted complete with all addenda.
           7. System Description.  This section shall include the individual equipment portion of the overall system Design Basis Narrative.
     2. Electronic Media Format:  Electronic media format shall be Adobe pdf, with chapter markers and/or bookmarks inserted in place of the equivalent hard copy section tabs.  Electronic copy shall include all tables, charts, drawings, codes and all other matters reflected in hard copies.  Electronic media files shall be delivered on a unique CD-ROM.
     3. A separate manual or chapter shall be provided for each applicable system as follows:
        1. Chillers
        2. Cooling Towers
        3. Boilers
        4. Pumps
        5. Air Handling Units (include sequence of operation, one line diagram and area served in a plastic pouch for mounting on equipment or in equipment room)
        6. Exhaust Fans
        7. Supply Air Fans (excluding Air Handling Units)
        8. Plumbing and Drainage Systems/Equipment
        9. Emergency Generator Systems
        10. UPS
        11. Fire Protection Systems
        12. Fire Alarm System
        13. Valves and Pipe Specialties (include valve identification chart)
        14. Variable Frequency Drives (VFD)
        15. Smoke Control Systems
        16. Water Treatment System
        17. Elevator Systems
        18. Lighting Systems and Controls (interior, exterior and airfield)
        19. Switchgear, Transformers, Panel boards, Motor Control Centers and Motor Starters
        20. Lightning Protection and Surge Suppression Systems
        21. Public Address, Closed Circuit TV, Communication and Telephone Systems
        22. Security System
        23. Building Management/Temperature Control System (BMS)
        24. Fuel System
        25. Doors and Hardware.
        26. Power monitoring systems
        27. HVAC, Testing Adjusting, and Balancing

  1.09 Computer Programs

  1. When any equipment requires operation by computer programs, submit copy of program on appropriate CD, plus a hard-copy and an electronic copy (Adobe .PDF format) of all user manuals and guides for operating the programs and making changes in the programs for upgrading and expanding the databases.  Program shall be Windows XP compatible.  Provide required licenses to Owner at no additional cost.

  1.10 Owner’s Recourse

  1. If Contractor is not able to provide project record documents in specified formats, Owner and Contractor shall negotiate a credit back to Owner for this work.
  2. Contractor shall post changes and modifications to the Contract Documents as they occur.  Do not wait until the end of the Project.  Owner may periodically review Project Record Documents to assure compliance with this requirement.
  3. Submittal
     1. At completion of Project, deliver Project Record Documents to Owner [for consideration] per Section 01 7700 Contract Closeout.
     2. Accompany submittal with transmittal letter containing:
        1. Date
        2. Project title and number
        3. Contractor’s name and address
        4. Number and title of each Project Record Document
        5. Certification that each document as submitted is complete and accurate, and signature of Contractor or Contractor’s authorized representative.

  PART 2 PRODUCTS – NOT USED

  PART 3 EXECUTION – NOT USED

  END OF SECTION

   

Submission Requirements

• UNIT PRICE SCHEDULE (required) —

  Pursuant to and in compliance with your Notice to Contractors and the Contract Documents relating to the Project including Addenda, our firm having become thoroughly familiar with the terms and conditions of the Contract Documents and with the local conditions affecting the performance and the costs of the Work at the place where the Work is to be done, and having inspected the site in all particulars, hereby proposes and agrees to fully perform the work within the time stated and in strict accordance with the Contract Documents (including the furnishing of any and all labor and materials) and do all the work required to construct and to complete said work in accordance with the Contract Documents, and that Contractor will take in full payment therefore the amounts shown on the unit price schedule (pricing table) included herein.

• RESERVATION (required) —

  It is understood that the Owner reserves the right to reject this bid, but that this bid shall not be withdrawn for a period of 60 days from the date prescribed for its opening.

• BID FORM (required) —

  Please upload the Bid Form

• BOND ACCOMPANYING BID (required) —

  Accompanying this bid is the required Bond in an amount equal to at least 10% of total of the bid (Base Bid plus Add Alternate), naming the Owner as Obligee or Payee, as applicable. Original Bidder’s Bond with surety seal, cashier's check, certified check or cash must be electronically uploaded no later than date of bid.

  City Clerk, 170 Santa Maria Avenue, Pacifica, CA 94044

• BIDDER REGISTRATION FORM (required) —

  Please upload the Bidder Registration Form

• PLEASE ENTER YOUR FIRM'S DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REGISTRATION NUMBER (required)
• SUBCONTRACTORS (required) —

  Please upload the Subcontractor List

• NON-COLLUSION AFFIDAVIT (required) —

  Please upload the Non-Collusion Affidavit

• BIDDER CERTIFICATIONS (required) —

  The undersigned certifies that the Contract Documents have been thoroughly read and understood and that, except as may be specifically noted and contained in addenda, there are no discrepancies or misunderstandings as to the meaning, purpose or intent of any provision in the Contract Documents or as to the interpretation of the same. The undersigned hereby incorporates by reference, the same as though set out in full, all provisions of the Notice to Contractors and Information for Bidders published by Owner and pertaining to the work described in this bid.

  The undersigned certifies that the Federal (FEMA) and CAL O.E.S. Contract Provisions have been thoroughly read and understood.

  The undersigned is licensed in accordance with State Law providing for the registration of Contractors,

  No payment for work or material under this Contract will be made by Owner unless and until the Owner receives verification from the State Registrar of Contractors that the records of the Contractor's State License Board indicate the successful bidder was properly licensed at the time the Contract was awarded.

  Any bidder not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, an appropriate disciplinary action by the Contractor's State License Board.

  In addition, failure of the bidder to obtain and maintain proper and adequate licensing for the Contract shall constitute a failure to execute or perform this Contract and shall result in the forfeiture of the security of the bidder. The representations made herein are under penalty of perjury.

  I declare under penalty of perjury that I have the authority to execute this bid form and that the foregoing is true and correct.

  Please upload the Bidder Certifications

• CARB-OFF-ROAD-DIESEL-CERTIFICATION (required) —

  Please upload the CARB-Off-Road-Diesel-Certification

• Project Description (required)
• Project Location (required)
• Project Cost Estimate (required)
• Working Days (required)
• CSLB License (required)
• Specialty License (required)