Active SLED Opportunity · CALIFORNIA · COUNTY OF ALAMEDA, CA
AI Summary
County of Alameda seeks bids for a full turn-key carpet replacement at Martinelli Event Center, Livermore, CA. Scope includes removal of existing carpet, subfloor prep, installation of mid-grade commercial carpet tiles, baseboards, and furniture moving. Compliance with LEED Silver certification and waste diversion required. Pre-proposal meeting on 2026-04-27; bids due by 2026-05-12.
The County of Alameda ("County"), General Services Agency (“GSA”) will receive sealed bids for the following project, Bid No. 902745 (“Project” or “Contract”):
Martinelli Center Carpet Replacement (Project Name)
The Project is more specifically defined in the Project Documents, but generally includes all labor, materials, parts, equipment, and incidentals necessary to provide a carpet replacement at the Martinelli Event Center at 3585 Greenville Road, Livermore, CA 94550. This is a full turn-key project, and the Contractor is to provide all necessary expertise, labor, materials, parts, equipment, incidentals, and work required to provide a complete project.
All Contract Documents should be reviewed for applicable provisions related to the provisions in this document, including without limitation:
PART 2 - RECORD DRAWINGS
All Contract Documents should be reviewed for applicable provisions related to the provisions in this document, including without limitation:
All Contract Documents should be reviewed for applicable provisions related to the provisions in this document, including without limitation:
All Contract Documents should be reviewed for applicable provisions related to the provisions in this document, including without limitation:
All Contract Documents should be reviewed for applicable provisions related to the provisions in this document, including without limitation:
All Contract Documents should be reviewed for applicable provisions related to the provisions in this document, including without limitation:
All Contract Documents should be reviewed for applicable provisions related to the provisions in this document, including without limitation:
PART 2 - PRODUCTS
This document includes information applicable to hazardous materials and hazard waste abatement.
All Contract Documents should be reviewed for applicable provisions related to the provisions in this document, including without limitation:
All Contract Documents should be reviewed for applicable provisions related to the provisions in this document, including without limitation:
All Contract Documents must be reviewed for applicable provisions related to the provisions in this document, including without limitation:
All Contract Documents should be reviewed for applicable provisions related to the provisions in this document, including without limitation:
1.1 Definitions
Wherever used in the Contract Documents, the following terms shall have the meanings indicated, which shall be applicable to both the singular and plural thereof:
1.1.1 Adverse Weather: Shall be only weather that satisfies all of the following conditions: (1) unusually severe precipitation, sleet, snow, hail, heat, or cold conditions in excess of the norm for the location and time of year it occurred, (2) unanticipated, and (3) at the Project.
1.1.2 Approval, Approved, and/or Accepted: Refer to written authorization, unless stated otherwise.
1.1.3 Architect: The individual, partnership, corporation, joint venture, or any combination thereof, named as Architect, who will have the rights and authority assigned to the Architect in the Contract Documents. The term Architect means the County's Architect on this Project or the Architect’s authorized representative.
1.1.4 Architect’s Supplemental Instruction: A document prepared by the Architect to provide supplemental instructions or interpretations or to order minor changes in the work not involving an adjustment in the Contract Amount or Contract Time.
1.1.5 Bidder: A contractor who intends to provide a bid to the County to perform the Work of this Contract.
1.1.6 Change Order: A written order to the Contractor authorizing an addition to, deletion from, or revision in the Work, and/or authorizing an adjustment in the Contract Price or Contract Time.
1.1.7 Construction Change Directive: A written order prepared and issued by the County, the Construction Manager, and/or the Architect and signed by the County and the Architect, directing a change in the Work.
1.1.8 Construction Manager: The individual, partnership, corporation, joint venture, or any combination thereof, or its authorized representative, named as such by the County. If no Construction Manager is used on the Project that is the subject of this contract, then all references to Construction Manager herein shall be read to refer to County.
1.1.9 Construction Schedule: The progress schedule of construction of the Project as provided by Contractor and approved by County.
1.1.10 Contract, Contract Documents: The Contract consists exclusively of the documents evidencing the agreement of the County and Contractor, identified as the Contract Documents. The Contract Documents consist of the following documents:
1.1.10.1 Document 00 11 16 (Notice to Bidders)
1.1.10.2 Document 00 21 13 (Instructions to Bidders)
1.1.10.3 Document 00 41 13 (Bid Form)
1.1.10.4 Document 00 43 16 (Bid Security Form)
1.1.10.5 Document 00 43 46 (Designated Subcontractors List)
1.1.10.6 Document 00 45 01 (Site-Visit Certification), if a site visit was required.
1.1.10.7 Document 00 45 13 (Non-Collusion Affidavit)
1.1.10.8 Document 00 45 26 (Workers’ Compensation Certification)
1.1.10.9 Document 00 45 46.01 (Prevailing Wage and Related Labor Requirements Certification)
1.1.10.10 Document 00 45 46.04 Hazardous Materials Certification
1.1.10.11 Document 00 45 46.06 Imported Materials Certification
1.1.10.12 Document 00 51 00 Notice of Award
1.1.10.13 Document 00 52 13 Agreement
1.1.10.14 Document 00 55 00 Notice to Proceed
1.1.10.15 Document 00 56 00 Escrow of Bid Documentation
1.1.10.16 Document 00 57 00 Escrow Agreement for Security Deposits in Lieu of Retention
1.1.10.17 Document 00 61 13.13 Performance Bond
1.1.10.18 Document 00 61 13.16 Payment Bond
1.1.10.19 Document 00 72 13 General Conditions
1.1.10.20 Document 00 73 13 Special Conditions
1.1.10.21 Document 00 73 56 Hazardous Materials Procedures and Requirements
1.1.10.22 Divisions 01 through 49
1.1.10.23 All Plans, Technical Specifications, and Drawings
1.1.10.24 Any and all addenda to any of the above documents
1.1.10.25 Any and all change orders or written modifications to the above documents if approved in writing by the County.
1.1.11 Contract Price: The total monies payable to the Contractor under the terms and conditions of the Contract Documents.
1.1.12 Contract Time: The time period stated in the Agreement for the completion of the Work.
1.1.13 Contractor: The person or persons identified in the Agreement as contracting to perform the Work to be done under this Contract, or the legal representative of such a person or persons.
1.1.14 County: County of Alameda, acting through its Board of Supervisors or any of its authorized agents. The County may, at any time:
1.1.14.1 Direct the Contractor to communicate with or provide notice to the Construction Manager or the Architect on matters for which the Contract Documents indicate the Contractor will communicate with or provide notice to the County; and/or
1.1.14.2 Direct the Construction Manager or the Architect to communicate with or direct the Contractor on matters for which the Contract Documents indicate the County will communicate with or direct the Contractor.
1.1.15 Daily Job Report(s): Daily Project reports prepared by the Contractor's employee(s) who are present on Site, which shall include the information required herein.
1.1.16 Day(s): Unless otherwise designated, day(s) means calendar day(s).
1.1.17 Drawings: (or “Plans”) The graphic and pictorial portions of the Contract Documents showing the design, location, scope and dimensions of the work, generally including plans, elevations, sections, details, schedules, sequence of operation, and diagrams.
1.1.18 Force Account Directive: A process that may be used when the County and the Contractor cannot agree on a price for a specific portion of work or before the Contractor prepares prices for a specific portion of work and whereby the Contractor performs the work as indicated herein on a time and materials basis.
1.1.19 Premises: The real property owned by the County on which the Site is located.
1.1.20 Product(s): New material, machinery, components, equipment, fixtures, and systems forming the Work, including existing materials or components required and approved by the County for reuse.
1.1.21 Product Data: Illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate a material, product, or system for some portion of the Work.
1.1.22 Project: The planned undertaking as provided for in the Contract Documents.
1.1.23 Program Manager: The individual, partnership, corporation, joint venture, or any combination thereof, or its authorized representative, named as such by the County. If no Program Manager is designated for Project that is the subject of this Contract, then all references to Project Manager herein shall be read to refer to County.
1.1.24 Provide: Shall include “provide complete in place,” that is, “furnish and install,” and “provide complete and functioning as intended in place” unless specifically stated otherwise.
1.1.25 Request for Information: A written request prepared by the Contractor requesting that the Architect provide additional information necessary to clarify or amplify an item in the Contract Documents that the Contractor believes is not clearly shown or called for in the Drawings or Specifications or other portions of the Contract Documents, or to address problems that have arisen under field conditions.
1.1.26 Request for Substitution: A request by Contractor to substitute an equal or superior material, product, thing, or service for a specific material, product, thing, or service that has been designated in the Contract Documents by a specific brand or trade name.
1.1.27 Safety Orders: Written and/or verbal orders for construction issued by the California Division of Industrial Safety (“CalOSHA”) or by the United States Occupational Safety and Health Administration (“OSHA”).
1.1.28 Safety Plan: Contractor’s safety plan specifically adapted for the Project. Contractor's Safety Plan shall comply with all provisions regarding Project safety, including all applicable provisions in these General Conditions.
1.1.29 Samples: Physical examples that illustrate materials, products, equipment, finishes, colors, or workmanship and that, when approved in accordance with the Contract Documents, establish standards by which portions of the Work will be judged.
1.1.30 Shop Drawings: All drawings, prints, diagrams, illustrations, brochures, schedules, and other data that are prepared by the Contractor, a subcontractor, manufacturer, supplier, or distributor, that illustrate how specific portions of the Work shall be fabricated or installed.
1.1.31 Site: The Project site as shown on the Drawings.
1.1.32 Specifications: That portion of the Contract Documents, Division 01 through Division 49, and all technical sections, and addenda to all of these, if any, consisting of written descriptions and requirements of a technical nature of materials, equipment, construction methods and systems, standards, and workmanship.
1.1.33 Subcontractor: A contractor and/or supplier who is under contract with the Contractor or with any other subcontractor, regardless of tier, to perform a portion of the Work of the Project.
1.1.34 Submittal Schedule: The schedule of submittals as provided by Contractor and approved by County.
1.1.35 Surety: The person, firm, or corporation that executes as surety the Contractor’s Performance Bond and Payment Bond, and must be a California admitted surety insurer as defined in the Code of Civil Procedure § 995.120.
1.1.36 Work: All labor, materials, equipment, components, appliances, supervision, coordination, and services required by, or reasonably inferred from, the Contract Documents, that are necessary for the construction and completion of the Project.
1.2 Laws Concerning The Contract
Contract is subject to all provisions of the Constitution and laws of California governing, controlling, or affecting County, or the property, funds, operations, or powers of County, and such provisions are by this reference made a part hereof. Any provision required by law to be included in this Contract shall be deemed to be inserted.
1.3 No Oral Agreements
No oral agreement or conversation with any officer, agent, or employee of County, either before or after execution of Contract, shall affect or modify any of the terms or obligations contained in any of the documents comprising the Contract.
1.4 No Assignment
Contractor shall not assign this Contract or any part thereof including, without limitation, any services or money to become due hereunder without the prior written consent of the County. Assignment without County’s prior written consent shall be null and void. Any assignment of money due or to become due under this Contract shall be subject to a prior lien for services rendered or material supplied for performance of work called for under this Contract in favor of all persons, firms, or corporations rendering services or supplying material to the extent that claims are filed pursuant to the Civil Code, Code of Civil Procedure, Government Code, Labor Code, and/or Public Contract Code, and shall also be subject to deductions for liquidated damages or withholding of payments as determined by County in accordance with this Contract. Contractor shall not assign or transfer in any manner to a Subcontractor or supplier the right to prosecute or maintain an action against the County.
1.5 Notice And Service Thereof
1.5.1 Any notice from one party to the other or otherwise under Contract shall be in writing and shall be dated and signed by the party giving notice or by a duly authorized representative of that party. Any notice shall not be effective for any purpose whatsoever unless served in one of the following manners:
1.5.1.1 If notice is given by personal delivery thereof, it shall be considered delivered on the day of delivery.
1.5.1.2 If notice is given by overnight delivery service, it shall be considered delivered on (1) day after date deposited, as indicated by the delivery service.
1.5.1.3 If notice is given by depositing same in United States mail, enclosed in a sealed envelope, it shall be considered delivered three (3) days after date deposited, as indicated by the postmarked date.
1.5.1.4 If notice is given by registered or certified mail with postage prepaid, return receipt requested, it shall be considered delivered on the day the notice is signed for.
1.6 No Waiver
The failure of County in any one or more instances to insist upon strict performance of any of the terms of this Contract or to exercise any option herein conferred shall not be construed as a waiver or relinquishment to any extent of the right to assert or rely upon any such terms or option on any future occasion. No action or failure to act by the County, Architect, or Construction Manager shall constitute a waiver of any right or duty afforded the County under the Contract, nor shall any action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.
1.7 Substitutions For Specified Items
See Special Conditions.
1.8 Materials and Work
1.8.1 Except as otherwise specifically stated in this Contract, Contractor shall provide and pay for all materials, labor, tools, equipment, transportation, supervision, temporary constructions of every nature, and all other services, management, and facilities of every nature whatsoever necessary to execute and complete this Contract within the Contract Time.
1.8.2 Unless otherwise specified, all materials shall be new, and the best of their respective kinds and grades as noted or specified and workmanship shall be of good quality.
1.8.3 Materials shall be furnished in ample quantities and at such times as to ensure uninterrupted progress of Work and shall be stored properly and protected as required.
1.8.4 For all materials and equipment specified or indicated in the Drawings, the Contractor shall provide all labor, materials, equipment, and services necessary for complete assemblies and complete working systems, functioning as intended. Incidental items not indicated on Drawings, nor mentioned in the Specifications, that can legitimately and reasonably be inferred to belong to the Work described, or be necessary in good practice to provide a complete assembly or system, shall be furnished as though itemized here in every detail. In all instances, material and equipment shall be installed in strict accordance with each manufacturer’s most recent published recommendations and specifications.
1.8.5 Contractor shall, after award of Contract by County and after relevant submittals have been approved, place orders for materials and/or equipment as specified so that delivery of same may be made without delays to the Work. Contractor shall, upon demand from County, present documentary evidence showing that orders have been placed.
1.8.6 County reserves the right but has no obligation, for any neglect in complying with the above instructions, to place orders for such materials and/or equipment as it may deem advisable in order that the Work may be completed at the date specified in the Agreement, and all expenses incidental to the procuring of said materials and/or equipment shall be paid for by Contractor or withheld from payment(s) to Contractor.
1.8.7 Contractor warrants good title to all material, supplies, and equipment installed or incorporated in Work and agrees upon completion of all Work to deliver the Site to County, together with all improvements and appurtenances constructed or placed thereon by it, and free from any claims, liens, or charges. Contractor further agrees that neither it nor any person, firm, or corporation furnishing any materials or labor for any work covered by the Contract shall have any right to lien any portion of the Premises or any improvement or appurtenance thereon, except that Contractor may install metering devices or other equipment of utility companies or of political subdivision, title to which is commonly retained by utility company or political subdivision. In the event of installation of any such metering device or equipment, Contractor shall advise County as to owner thereof.
1.8.8 Nothing contained in this Article, however, shall defeat or impair the rights of persons furnishing materials or labor under any bond given by Contractor for their protection or any rights under any law permitting such protection or any rights under any law permitting such persons to look to funds due Contractor in hands of County (e.g., Stop Notices), and this provision shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing material for work when no formal contract is entered into for such material.
1.8.9 Title to new materials and/or equipment for the Work of this Contract and attendant liability for its protection and safety shall remain with Contractor until incorporated in the Work of this Contract and accepted by County. No part of any materials and/or equipment shall be removed from its place of storage except for immediate installation in the Work of this Contract. Contractor shall keep an accurate inventory of all materials and/or equipment in a manner satisfactory to County or its authorized representative and shall, at the County’s request, forward it to the County.
All Contract Documents should be reviewed for applicable provisions related to the provisions in this document, including without limitation:
All Contract Documents should be reviewed for applicable provisions related to the provisions in this document, including without limitation:
1.1. The following documents are included as part of this DOCUMENT 00 73 49:
1.1.1. DOCUMENT 00 73 49A Labor Compliance Program Guidebook
1.1.2. DOCUMENT 00 73 49 B First Amended and Restated Project Stabilization/Community Benefits Agreement (PSCBA)
1.2. The Contractor and each subcontractor at all tiers must complete and submit all forms required by the First Amended and Restated Project Stabilization/Community Benefits Agreement (PSCBA) and Labor Compliance Program Guidebook included in this DOCUMENT 00 73 49 “PSCBA FORMS”
END OF DOCUMENT
All Contract Documents should be reviewed for applicable provisions related to the provisions in this document, including without limitation:
All Contract Documents should be reviewed for applicable provisions related to the provisions in this document, including without limitation:
1.1
This document describes geotechnical data at or near the Project that is in the County’s possession available for Contractor’s review, and use of data resulting from various investigations. This document is not part of the Contract Documents. See General Conditions for definition(s) of terms used herein.
This document describes existing conditions at or near the Project, and use of information available regarding existing conditions. This document is not part of the Contract Documents. See General Conditions for definition(s) of terms used herein.
All Contract Documents should be reviewed for applicable provisions related to the provisions in this document, including without limitation:
All Contract Documents should be reviewed for applicable provisions related to the provisions in this document, including without limitation:
Contractor shall comply with all applicable mitigation measures, if any, adopted by any public agency with respect to this Project pursuant to the California Environmental Quality Act. (Public Resources Code section 21000 et. seq.)
All Contract Documents should be reviewed for applicable provisions related to the provisions in this document, including without limitation:
All Contract Documents should be reviewed for applicable provisions related to the provisions in this document, including without limitation:
END OF DOCUMENT
END OF DOCUMENT
2.1. Documents providing a general description of the Site and conditions of the Work may have been collected by County its consultants, contractors, and tenants. These documents may include previous contracts, contract specifications, tenant improvement contracts, as-built drawings, utility drawings, and information regarding underground facilities.
2.2. Information regarding existing conditions may be inspected at the County offices or the Construction Manager’s offices, if any, and copies may be obtained at cost of reproduction and handling upon Bidder's agreement to pay for such copies. These reports, documents, and other information are not part of the Contract Documents.
2.3. Information regarding existing conditions may also be included in the Project Manual, but shall not be considered part of the Contract Documents.
2.4. The reports and other data or information regarding existing conditions and underground facilities at or contiguous to the Project are the following:
2.4.1. Original Construction Drawings.
2.4.2. Survey of Site.
2.4.3. Hazardous Material Reports
2.4.3.1. Not Needed
PART 3 - EXECUTION
Contractor shall comply with all closeout provisions as indicated in the General Conditions.
The items of work indicated below propose modifications to, substitutions for, additions to and/or deletions from the various parts of the Work specified in other Sections of the Specifications. The acceptance or rejection of any of the alternates is strictly at the option of the County subject to County's acceptance of Contractor's stated prices contained in this Proposal.
The contractor shall attend a conference a the Project Site prior to the start of construction for the purpose of determining Contractor’s access to, and use of the site, verifying utilities, review construction administrative procedures, and such other items as may be pertinent to the start of construction.
1. PURPOSE
1.1.
By submitting a bid, Bidders acknowledge and agree to all Document 00 22 19 provisions.
1.2.
In the event of conflict between the terms of this Document 00 22 19 and the PROJECT STABILIZATION / COMMUNITY BENEFITS AGREEMENT for the COUNTY OF ALAMEDA, (Document 00 73 49B) the terms of the PROJECT STABILIZATION / COMMUNITY BENEFITS AGREEMENT for the COUNTY OF ALAMEDA shall take priority.
2. APPLICATION
2.1.
The provisions outlined in this Document 00 22 19 apply to this contract for the construction of the above-referenced project.
3. HIRING OF LOCAL APPRENTICES, YOUTH, UNEMPLOYED AND UNDEREMPLOYED RESIDENTS
3.1.
The County of Alameda strongly encourages the hiring of local apprentices, youth, unemployed, and under-employed County residents to complete the work required for this project. Those firms that can demonstrate the ability and willingness to provide jobs required to complete this project to local apprentices, youth, unemployed and underemployed County residents should include such evidence in their bid response.
4. NONDISCRIMINATION
4.1.
The Contractor shall comply with the Americans with Disabilities Act and Title VII of the Civil Rights Act of 1964 and shall not, in regard to any position for which an employee or applicant for employment is qualified, discriminate against any employee or applicant for employment because of race, creed, color, religion, disability, sex (including pregnancy, sexual orientation, or gender identity), political affiliation, national origin, age (40 or older), and genetic information (including family medical history) or by any other non-merit factors be otherwise subjected to discrimination. The Contractor shall ensure applicants are employed and that employees are treated during employment without regard to their race, age, religion, Vietnam Era Veteran’s status, political affiliation, or any other non-merit factors. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other terms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.
4.2.
Contractor shall, in all solicitations or advertisements for employees placed on behalf of the County, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, disability, sex (including pregnancy, sexual orientation, or gender identity), national origin, age, religion, Vietnam Era Veteran’s status, political affiliation, genetic information, or any other non-merit factors.
2.1 Occupancy
County reserves the right to occupy portions of the Project at any time before completion. Neither the County's Final Acceptance, the making of Final Payment, any provision in Contract Documents, nor the use or occupancy of the Work, in whole or in part, by County shall constitute acceptance of Work not in accordance with the Contract Documents nor relieve the Contractor or the Contractor's Performance Bond Surety from liability with respect to any warranties or responsibility for faulty or defective Work or materials, equipment and workmanship incorporated therein.
2.1. Contractor shall give notice in writing, including by e-mail, to the County, the Construction Manager, and the Architect promptly, before any of the following conditions are disturbed, and in no event later than twenty-four (24) hours after first observance, of any:
2.1.1. Material that Contractor believes may be material that is hazardous waste or hazardous material, as defined in section 25117 or 25260 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law;
2.1.2. Other material that may present a substantial danger to persons or property exposed thereto in connection with Work at the site.
2.2. Contractor's written notice shall indicate whether the hazardous waste or material was shown or indicated in the Contract Documents to be within the scope of Work, and whether the materials were brought to the site by Contractor, its Subcontractors, suppliers, or anyone else for whom Contractor is responsible. As used in this section the term "hazardous materials" shall include, without limitation, asbestos, lead, mercury, Polychlorinated biphenyl (PCB), petroleum and related hydrocarbons, and radioactive material.
2.3. In response to Contractor's written notice, the County shall investigate the identified conditions.
2.4. If the County determines that conditions do not involve hazardous materials or that no change in terms of Contract is justified, the County shall so notify Contractor in writing, stating reasons. If the County and Contractor cannot agree on whether conditions justify an adjustment in Contract Price or Contract Times, or on the extent of any adjustment, Contractor shall proceed with the Work as directed by the County.
2.5. If after receipt of notice from the County, Contractor does not agree to resume Work based on a reasonable belief it is unsafe, or does not agree to resume Work under special conditions, then County may order such portion of Work that is in connection with such hazardous condition or such affected area to be deleted from the Work, or performed by others, or County may invoke its rights to terminate the Contract in whole or in part. County will determine entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of Work, or performing the Work by others.
2.6. If Contractor stops Work in connection with any hazardous condition and in any area affected thereby, Contractor shall immediately redeploy its workers, equipment, and materials, as necessary, to other portions of the Work to minimize delay and disruption.
2.1.
Geotechnical reports may have been prepared for and around the Site by soil investigation engineers hired by County, and its consultants, contractors, and tenants.
2.2.
Geotechnical reports may be inspected at the County offices or the Construction Manager’s offices, if any, and copies may be obtained at cost of reproduction and handling upon Bidder's agreement to pay for such copies. These reports are not part of the Contract Documents.
2.3.
The reports and drawings of physical conditions that may relate to the Project are the following:
Not Needed
2.2. Requests for substitutions prior to award of the Contract shall be done within the time period indicated in the Instructions to Bidders.
AND
Requests for substitutions after award of the Contract shall be within THIRTY-FIVE (35) days of the date of the Notice of Award.
2.3. Whenever in the Specifications any materials, process, or article is indicated or specified by grade, patent, or proprietary name, or by name of manufacturer, that Specification shall be deemed to be followed by the words “or equal.” Contractor may, unless otherwise stated, offer any material, process, or article that shall be substantially equal or better in every respect to that so indicated or specified.
2.3.1. If the material, process, or article offered by Contractor is not, in the opinion of the County, substantially equal or better in every respect to that specified, then Contractor shall furnish the material, process, or article specified in the Specifications without any additional compensation or change order.
2.3.2. This provision shall not be applicable with respect to any material, product, thing or service for which County made findings and gave notice in accordance with Public Contract Code section 3400(b); therefore, Contractor shall not be entitled to request a substitution with respect to those materials, products or services.
2.4. A request for a substitution shall be in writing and shall include:
2.4.1. All variations of the proposed substitute from the material specified including, but not limited to, principles of operation, materials, or construction finish, thickness or gauge of materials, dimensions, weight, and tolerances;
2.4.2. Available maintenance, repair or replacement services;
2.4.3. Increases or decreases in operating, maintenance, repair, replacement, and spare parts costs;
2.4.4. Whether or not acceptance of the substitute will require other changes in the Work (or in work performed by the County or others under Contract with the County); and
2.4.5. The time impact on any part of the Work resulting directly or indirectly from acceptance of the proposed substitute.
2.5. No substitutions shall be made until approved, in writing, by the County. The burden of proof as to equality of any material, process, or article shall rest with Contractor. The Contractor warrants that if substitutes are approved:
2.5.1. The proposed substitute is equal or superior in all respects to that specified, and that such proposed substitute is suitable and fit for the intended purpose and will perform adequately the function and achieve the results called for by the general design and the Contract Documents;
2.5.2. The Contractor provides the same warranties and guarantees for the substitute that would be provided for that specified;
2.5.3. The Contractor shall be fully responsible for the installation of the substitute and any changes in the Work required, either directly or indirectly, because of the acceptance of such substitute, with no increase in Contract Price or Contract Time. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the Contract Price or Contract Time;
2.5.4. The Contractor shall be responsible for any re-design costs occasioned by County's acceptance and/or approval of any substitute; and
2.5.5. The Contractor shall, in the event that a substitute is less costly than that specified, credit the County with one hundred percent (100%) of the net difference between the substitute and the originally specified material. In this event, the Contractor agrees to execute a deductive Change Order to reflect that credit.
2.6. In the event Contractor furnishes a material, process, or article more expensive than that specified, the difference in the cost of that material, process, or article so furnished shall be borne by Contractor.
2.7. In no event shall the County be liable for any increase in Contract Price or Contract Time due to any claimed delay in the evaluation of any proposed substitute or in the acceptance or rejection of any proposed substitute.
3.1 Role and Authority
The Architect shall represent County during the Project and will observe the progress and quality of the Work on behalf of County. Architect shall have the authority to act on behalf of County to the extent expressly provided in the Contract Documents and to the extent determined by County. Architect shall have authority to reject materials, workmanship, and/or the Work whenever rejection may be necessary, in Architect’s reasonable opinion, to ensure the proper execution of the Contract.
3.2 Interpretations
Architect shall, with County and on behalf of County, determine the amount, quality, acceptability, and fitness of all parts of the Work, and interpret the Specifications, Drawings, and shall, with County, interpret all other Contract Documents.
3.3 Laws
Architect shall have all authority and responsibility established by law, including Title 24 of the California Code of Regulations.
3.4 Communications
Contractor shall provide County and the Construction Manager with a copy of all written communication between Contractor and Architect at the same time as that communication is made to Architect, including, without limitation, all RFIs, correspondence, submittals, claims, and proposed change orders.
Delays due to adverse weather conditions will only be permitted in compliance with the provisions in the General Conditions and only if the number of days of adverse weather exceeds the following parameters and only if Contractor can verify that adverse weather caused delays exceeded the following number of days:
| January | [11] | July | [0] |
| February | [10] | August | [0] |
| March | [10] | September | [1] |
| April | [6] | October | [4] |
| May | [3] | November | [7] |
| June | [1] | December | [10] |
The County and Architect or their appointed representatives will review the Work and the Contractor shall provide facilities and access to the Work at all times as required to facilitate this review. Administration by the Architect and any consulting Structural Engineer will be in accordance with applicable regulations.
1. APPLICATION
1.1.
The following provisions shall apply to all contracts.
2. ALAMEDA COUNTY CONTRACT COMPLIANCE SYSTEM
2.1.
Alameda County utilizes the Elation Systems contract compliance application as part of its commitment to assist contractors to comply with certain legal and contractual requirements. The Elation Systems, a secure web-based computer system, was implemented to monitor compliance and to track and report certified payroll and payment participation in County contracts.
2.2.
The prime contractor and all participating subcontractors awarded contracts as a result of the bid process for this project are required to use the Elation System to submit payroll and payment information including, but not limited to, weekly certified payrolls, monthly progress payment reports and other information related to project progress. Use of the Elation System, support and training are available at no charge to prime and subcontractors participating in County contracts.
2.3.
Upon contract award:
2.3.1.
The County will provide contractors and subcontractors participating in any contract awarded as a result of this bid process, a code that will allow them to register and use the Elation System free of charge.
2.3.2.
Contractors should schedule a representative from their office/company, along with each of their subcontractors, to attend Elation Systems training.
2.3.2.1.
Free Elation Systems training session videos are available online within the Elations Systems application.
2.4.
It is the Contractor’s responsibility to ensure that they and their subcontractors are registered and trained as required to utilize Elation Systems.
2.4.1.
For systems support visit Elation Systems online at http://www.elationsys.com/ or contact them at (925) 924-0340.
2.4.2.
If you have questions regarding the utilization of the Elation Systems, please contact the County Project Manager.
3. MEETINGS
3.1. After the award of the contract and prior to beginning work, the County may hold a pre-construction conference at which a representative of the Contractor and of each subcontractor must attend. As it becomes necessary during the performance of the contract, the County may call meetings of the Contractor and pertinent subcontractor as needed for Project Stabilization Community Benefit Agreement (PSBCA) clarification and compliance.
4. INFORMATION AND RECORDS
4.1. For the purposes of determining compliance with the Elation application, the Contractor shall provide the County with access to all records and documents that relate to Elation Payroll and Payment entries. To the extent permitted by applicable law, proprietary information will be safeguarded.
PART 3 - RECORD SPECIFICATIONS
The following information is intended only for the general assistance of the Contractor, and the County does not represent that all of the information is current. It is the Contractor’s responsibility to verify the correct information for each of the entities listed.
| AA | Aluminum Association 900 19th Street NW, Suite 300 Washington, DC 20006 www.aluminum.org | 202/862-5100 |
| AABC | Associated Air Balance Council 1518 K Street, NW, Suite 503 Washington, DC 20005 www.aabchq.com | 202/737-0202 |
| AAMA | American Architectural Manufacturers Association 1827 Walden Office Sq., Suite 104 Schaumburg, IL 60173-4268 www.aamanet.org | 847/303-5664 |
| AASHTO | American Association of State Highway and Transportation Officials 444 North Capitol Street, Suite 249 Washington, DC 20001 www.aashto.org | 202/624-5800 |
| AATCC | American Association of Textile Chemists and Colorists P.O. Box 12215 One Davis Drive Research Triangle Park, NC 27709 2215 www.aatcc.org | 919/549-8141 |
| ACI | American Concrete Institute P.O. Box 9094 Farmington Hills, MI 48333-9094 www.aci-int.org | 248/848-3700 |
| ACPA | American Concrete Pipe Association 222 West Las Colinas Blvd., Suite 641 Irving, TX 75039-5423 www.concrete-pipe.org | 972/506-7216 |
| ADC | Air Diffusion Council 11 South LaSalle St., Suite 1400 Chicago, IL 60603 | 312/201-0101 |
| AFPA | American Forest and Paper Association 1111 19th St., NW, Suite 800 Washington, DC 20036 | 202/463-2700 |
| AGA | American Gas Association 1515 Wilson Blvd. Arlington VA 22209 www.aga.com | 703/841-8400 |
| AHA | American Hardboard Association 1210 W. Northwest Hwy Palatine, IL 60067-1897 | 847/934-8800 |
| AI | Asphalt Institute Research Park Drive P.O. Box 14052 Lexington, KY 40512 4052 www.asphaltinstitute.org | 606/288-4960 |
| AIA | The American Institute of Architects 1735 New York Avenue, NW Washington, DC 20006-5292 www.aia.org | 202/626-7300 |
| AISC | American Institute of Steel Construction One East Wacker Drive, Suite 3100 Chicago, IL 60601 2001 | 800/644-2400 |
| AITC | American Institute of Timber Construction 7012 S. Revere Pkwy., Suite 140 Englewood, CO 80112 www.aitc-glulam.org | 303/792-9559 |
| ALCA | Associated Landscape Contractors of America 12200 Sunrise Valley Drive, Suite 150 Reston, VA 20191 www.alca.org | 703/620-6363 |
| ALI | Associated Laboratories, Inc. P.O. Box 152837 1323 Wall St. Dallas, TX 75315 | 214/565-0593 |
| ALSC | American Lumber Standards Committee P.O. Box 210 Germantown, MD 20875 | 301/972-1700 |
| AMCA | Air Movement and Control Association International, Inc. 30 W. University Drive Arlington Heights, IL 60004-1893 www.amca.org | 847/394-0150 |
| ANLA | American Nursery and Landscape Association 1250 Eye Street, NW, Suite 500 Washington, DC 20005 | 202/789-2900 |
| ANSI | American National Standards Institute 11 West 42nd Street, 13th Floor New York, NY 10036-8002 www.ansi.org | 212/642-4900 |
| APA | APA-The Engineered Wood Association P.O. Box 11700 Tacoma, WA 98411-0700 www.apawood.org | 206/565-6600 |
| APA | Architectural Precast Association P.O. Box 08669 Fort Myers, FL 33908-0669 | 941/454-6989 |
| ARI | Air Conditioning and Refrigeration Institute 4301 Fairfax Drive, Suite 425 Arlington, VA 22203 www.ari/org | 703/524-8800 |
| ARMA | Asphalt Roofing Manufacturers Association Center Park 4041 Powder Mill Road, Suite 404 Calverton, MD 20705 | 301/231-9050 |
| ASA | Acoustical Society of America 500 Sunnyside Blvd. Woodbury, NY 11797 | 516/576-2360 |
| ASCE | American Society of Civil Engineers World Headquarters 1801 Alexander Bell Drive Reston, VA 20190-4400 www.asce.org | 800/548-2723 703/295-6000 |
| ASHRAE | American Society of Heating, Refrigerating and Air Conditioning Engineers 1791 Tullie Circle, NE Atlanta, GA 30329-2305 www.ashrae.org | 800/527-4723 404/636-8400 |
| ASLA | American Society of Landscape Architects 4401 Connecticut Ave., NW, 5th Floor Washington, DC 20008-2369 www.asla.org | 202/686-2752 |
| ASME | American Society of Mechanical Engineers 345 East 47th Street New York, NY 10017-2392 www.asme.org | 800/434-2763 |
| ASPE | American Society of Plumbing Engineers 3617 Thousand Oaks Blvd., Suite 210 Westlake, CA 91362-3649 | 805/495-7120 |
| ASQC | American Society for Quality Control 611 E. Wisconsin Avenue Milwaukee, WI 53201-3005 www.asqc.org | 800/248-1946 414/272-8575 |
| ASSE | American Society of Sanitary Engineering 28901 Clemens Road Westlake, OH 44145 www.asse-plumbing.org | 216/835-3040 |
| ASTM | American Society for Testing and Materials 100 Barr Harbor Drive West Conshohocken, PA 19428-2959 www.astm.org | 610/832-9500 |
| AWCI | Association of the Wall and Ceiling Industries--International 307 E. Annandale Road, Suite 200 Falls Church, VA 22042-2433 www.awci.org | 703/534-8300 |
| AWPA | American Wood Preservers' Association 3246 Fall Creek Highway, Suite 1900 Granbury, TX 76049-7979 | 817/326-6300 |
| AWS | American Welding Society 550 NW LeJeune Road Miami, FL 33126 www.amweld.org | 800/443-9373 305/443 9353 |
| AWWA | American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 www.awwa.org | 800/926-7337 303/794 7711 |
| BHMA | Builders' Hardware Manufacturers Association 355 Lexington Avenue, 17th Floor New York, NY 10017-6603 | 212/661-4261 |
| CBM | Certified Ballast Manufacturers Association 1422 Euclid Avenue, Suite 402 Cleveland, OH 44115-2094 | 216/241-0711 |
| CGA | Compressed Gas Association 1725 Jefferson Davis Hwy, Suite 1004 Arlington, VA 22202-4102 www.cganet.com | 703/412-0900 |
| CISCA | Ceilings & Interior Systems Construction Association 1500 Lincoln Hwy, Suite 202 St. Charles, IL 60174 www.cisca.org | 630/584-1919 |
| CISPI | Cast Iron Soil Pipe Institute 5959 Shallowford Road, Suite 419 Chattanooga, TN 37421 | 423/892-0137 |
| CPSC | Consumer Product Safety Commission East West Towers 4330 East-West Hwy. Bethesda, MD 20814 | 800/638-2772 |
| CPPA | Corrugated Polyethylene Pipe Association 432 N. Superior Street Toledo, OH 43604 | 800/510-2772 419/241-2221 |
| CRA | California Redwood Association 405 Enfrente Drive, Suite 200 Novato, CA 94949 | 415/382-0662 |
| CRI | Carpet and Rug Institute 310 S. Holiday Avenue Dalton, GA 30722 2048 www.carpet-rug.com | 800/882-8846 706/278 3176 |
| CRSI | Concrete Reinforcing Steel Institute 933 N. Plum Grove Road Schaumburg, IL 60173 4758 www.crsi.org | 847/517-1200 |
| CTI | Ceramic Tile Institute of America 12061 W. Jefferson Blvd. Culver City, CA 90230-6219 | 310/574-7800 |
| DHI | Door and Hardware Institute 14170 Newbrook Drive Chantilly, VA 20151-2223 www.dhi.org | 703/222-2010 |
| DIPRA | Ductile Iron Pipe Research Association 245 Riverchase Pkwy East, Suite O Birmingham, AL 35244 | 205/988-9870 |
| DOC | Department of Commerce 14th Street and Constitution Avenue, NW Washington, DC 20230 | 202/482-2000 |
| DOT | Department of Transportation 400 Seventh Street, SW Washington, DC 20590 | 202/366-4000 |
| EJMA | Expansion Joint Manufacturers Association 25 N. Broadway Tarrytown, NY 10591-3201 | 914/332-0040 |
| EPA | Environmental Protection Agency 401 M Street, SW Washington, DC 20460 | 202/260-2090 |
| FCICA | Floor Covering Installation Contractors Association P.O. Box 948 Dalton, GA 30722-0948 | 706/226-5488 |
| FM | Factory Mutual 1151 Boston Providence Turnpike P.O. Box 9102 Norwood, MA 02062-9102 www.factorymutual.com | 781/255-4300 |
| FS | Federal Specifications Unit (Available from GSA) 470 East L'Enfant Plaza, SW, Suite 8100 Washington, DC 20407 | 202/619-8925 |
| GA | Gypsum Association 810 First Street NE, Suite 510 Washington, DC 20002 www.usg.com | 202/289-5440 |
| GANA | Glass Association of North America 3310 SW Harrison Street Topeka, KS 66611 2279 www.glasswebsite.com/gana | 913/266-7013 |
| HMA | Hardwood Manufacturers Association 400 Penn Center Blvd., Suite 530 Pittsburgh, PA 15235-5605 www.hardwood.org | 412/828-0770 |
| HPVA | Hardwood Plywood and Veneer Association 1825 Michael Farraday Drive P.O. Box 2789 Reston, VA 22195 0789 www.hpva.org | 703/435-2900 |
| IEEE | Institute of Electrical and Electronic Engineers 345 E. 47th Street New York, NY 10017-2394 www.ieee.org | 800/678-4333 212/705-7900 |
| IESNA | Illuminating Engineering Society of North America 120 Wall Street, 17th Floor New York, NY 10005-4001 www.iesna.org | 212/248-5000 |
| ITS | Intertek Testing Services P.O. Box 2040 3933 US Route 11 Cortland, NY 13045-7902 www.itsglobal.com | 800/345-3851 |
| LMA | Laminating Materials Association 116 Lawrence Street Hillsdale, NJ 07642-2730 www.lma.org | 201/664-2700 |
| MCAA | Mechanical Contractors Association of America 1385 Piccard Drive Rockville, MD 20850-4329 | 301/869-5800 |
| ML/SFA | Metal Lath/Steel Framing Association (A Division of the NAAMM) 8 South Michigan Avenue, Suite 1000 Chicago, IL 60603 | 312/456-5590 |
| MSS | Manufacturers Standardization Society for the Valve and Fittings Industry 127 Park Street, NE Vienna, VA 22180-4602 | 703/281-6613 |
| NAA | National Arborist Association P.O. Box 1094 Amherst, NH 03031-1094 www.natlarb.com | 800/733-2622 603/673-3311 |
| NAAMM | National Association of Architectural Metal Manufacturers 8 South Michigan Avenue, Suite 1000 Chicago, IL 60603 www.gss.net/naamm | 312/782-5590 |
| NAIMA | North American Insulation Manufacturers Association 44 Canal Center Plaza, Suite 310 Alexandria, VA 22314 www.naima.org | 703/684-0084 |
| NAPA | National Asphalt Pavement Association NAPA Building 5100 Forbes Blvd. Lanham, MD 20706 4413 | 301/731-4748 |
| NCSPA | National Corrugated Steel Pipe Association 1255 23rd Street, NW, Suite 850 Washington, DC 20037 www.ncspa.org | 202/452-1700 |
| NEBB | National Environmental Balancing Bureau 8575 Grovemont Circle Gaithersburg, MD 20877-4121 | 301/977-3698 |
| NECA | National Electrical Contractors Association 3 Bethesda Metro Center, Suite 1100 Bethesda, MD 20814-5372 | 301/657-3110 |
| NEI | National Elevator Industry 185 Bridge Plaza North, Suite 310 Fort Lee, NJ 07024 | 201/944-3211 |
| NEMA | National Electrical Manufacturers' Association 1300 N. 17th Street, Suite 1847 Rosslyn, VA 22209 www.nema.org | 703/841-3200 |
| NFPA | National Fire Protection Association One Batterymarch Park P.O. Box 9101 Quincy, MA 02269 9101 www.nfpa.org | 800/344-3555 617/770-3000 |
| NHLA | National Hardwood Lumber Association P.O. Box 34518 Memphis, TN 38184-0518 www.natlhardwood.org | 901/377-1818 |
| NIA | National Insulation Association 99 Canal Center Plaza, Suite 222 Alexandria, VA 22314 www.insulation.org | 703/683-6422 |
| NPA | National Particleboard Association 18928 Premiere Court Gaithersburg, MD 20879-1569 www.pbmdf.com | 301/670-0604 |
| NPCA | National Paint and Coatings Association 1500 Rhode Island Avenue, NW Washington, DC 20005-5597 www.paint.org | 202/462-6272 |
| NRCA | National Roofing Contractors Association O'Hare International Center 10255 W. Higgins Road, Suite 600 Rosemont, IL 60018 5607 www.roofonline.org | 800/323-9545 |
| NRMCA | National Ready Mixed Concrete Association 900 Spring Street Silver Spring, MD 20910 www.nrmca.org | 301/587-1400 |
| NSF | NSF International P.O. Box 130140 Ann Arbor, MI 48113-0140 www.nsf.org | 313/769-8010 |
| NUSIG | National Uniform Seismic Installation Guidelines 12 Lahoma Court Alamo, CA 94526 | 510/946-0135 |
| NWWDA | National Wood Window and Door Association 1400 E. Touhy Avenue, G-54 Des Plaines, IL 60018 www.nwwda.org | 800/223-2301 847/299 5200 |
| SHA | Occupational Safety and Health Administration (U.S. Department of Labor) 200 Constitution Ave., NW Washington, DC 20210 | 202/219-8148 |
| PCA | Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077-1083 www.portcement.org | 847/966-6200 |
| PDCA | Painting and Decorating Contractors of America 3913 Old Lee Hwy, Suite 33-B Fairfax, VA 22030 www.pdca.com | 800/332-7322 703/359-0826 |
| PDI | Plumbing and Drainage Institute 45 Bristol Drive, Suite 101 South Easton, MA 02375 | 800/589-8956 508/230 3516 |
| RFCI | Resilient Floor Covering Institute 966 Hungerford Drive, Suite 12 B Rockville, MD 20805-1714 | 301/340-8580 |
| RIS | Redwood Inspection Service c/o California Redwood Association 405 Enfrente Drive, Suite 200 Novato, CA 94949-7206 | 415/382 0662 |
| SDI | Steel Deck Institute P.O. Box 25 Fox River Grove, IL 60012 www.sdi.org | 847/462-1930 |
| SDI | Steel Door Institute 30200 Detroit Road Cleveland, OH 44145 1967 | 216/889-0010 |
| SMA | Stucco Manufacturers Association 14006 Ventura Blvd. Sherman Oaks, CA 91403 | 213/789 8733 |
| SMACNA | Sheet Metal and Airconditioning Contractors National Association, Inc. P.O. Box 221230 Chantilly, VA 20151-1209 www.smacna.org | 703/803-2980 |
| SPI | Society of the Plastics Industry, Inc. Spray Polyurethane Division 1801 K Street, NW, Suite 600K Washington, DC 20006 www.socplas.org | 800/951-2001 202/974-5200 |
| SSPC | Steel Structures Painting Council 40 24th Street, 6th Floor Pittsburgh, PA 15222 4643 | 412/281-2331 |
| TCA | Tile Council of America 100 Clemson Research Blvd. Anderson, SC 29625 | 864/646-8453 |
| TPI | Turfgrass Producers International 1855-A Hicks Road Rolling Meadows, IL 60008 | 800/405-8873 847/705 9898 |
| UL | Underwriters Laboratories, Inc. 333 Pfingston Road 847/272-8800 Northbrook, IL 60062 www.ul.com | 800/704-4050 847/272-8800 |
| UNI | Uni-Bell PVC Pipe Association 2655 Villa Creek Drive, Suite 155 Dallas, TX 75234 www.members.aol.com/unibell1 | 972/243-3902 |
| USDA | U.S. Department of Agriculture 14th St. and Independence Ave., SW Washington, DC 20250 | 202/720-8732 |
| WA | Wallcoverings Association 401 N. Michigan Avenue Chicago, IL 60611-4267 | 312/644-6610 |
| WCLIB | West Coast Lumber Inspection Bureau P.O. Box 23145 Portland, OR 97281-3145 | 503/639-0651 |
| WCMA | Window Covering Manufacturers Association 355 Lexington Ave., 17th Floor New York, NY 10017-6603 | 212/661-4261 |
| WIC | Woodwork Institute of California P.O. Box 980247 West Sacramento, CA 95798-0247 | 916/372-9943 |
| WLPDIA | Western Lath/Plaster/Drywall Industries Association 8635 Navajo Road San Diego, CA 92119 | 619/466 9070 |
| WMMPA | Wood Moulding & Millwork Producers Association 507 First Street Woodland, CA 95695 www.wmmpa.com | 800/550-7889 916/661-9591 |
| WRI | Wire Reinforcement Institute 203 Loudoun Street, SW Leesburg, VA 20175-2718 | 703/779-2339 |
| WWPA | Western Wood Products Association Yeon Building 522 S.W. 5th Avenue Portland, OR 97204 2122 | 503/224-3930 |
END OF DOCUMENT
Where an item is omitted, or scope of Work is decreased, all Work pertaining to the item whether specifically stated or not, shall be omitted and where an item is added or modified or where scope of Work is increased, all Work pertaining to that required to render same ready for use on the Project in accordance with the intention of the Drawings and Specifications shall be included in an agreed upon price amount.
3.1.
Geotechnical data were obtained only for use of County and its consultants, contractors, and tenants for planning and design and are not a part of Contract Documents.
3.2.
Except as expressly set forth below, County does not warrant, and makes no representation regarding, the accuracy or thoroughness of any geotechnical data. Bidder represents and agrees that in submitting a Bid it is not relying on any geotechnical data supplied by County, except as specifically allowed below.
3.3.
Under no circumstances shall County be deemed to make a warranty or representation of existing above ground conditions, as-built conditions, or other actual conditions verifiable by independent investigation. These conditions are verifiable by Contractor by the performance of its own independent investigation that Contractor should perform as a condition to bidding and Contractor must not and shall not rely on information supplied by County.
END OF DOCUMENT
3.1. Contractor represents and warrants that it, its employees, and its subcontractors and their employees, shall at all times have the required levels of familiarity with the Site and the Work, training, and ability to comply fully with all applicable law and contract requirements for safe and expeditious performance of the Work, including whatever training is or may be required regarding the activities to be performed (including, but not limited to, all training required to address adequately the actual or potential dangers of Contract performance).
3.2. Contractor represents and warrants that it, its employees, and its subcontractors and their employees, shall at all times have and maintain in good standing any and all certifications and licenses required by applicable federal, state, and other governmental and quasi-governmental requirements applicable to the Work.
3.3. Contractor represents and warrants that it has studied carefully all requirements of the Specifications regarding procedures for demolition, hazardous waste abatement, or safety practices, specified in the Contract, and prior to submitting its bid, has either (a) verified to its satisfaction that the specified procedures are adequate and sufficient to achieve the results intended by the Contract Documents, or (b) by way of approved "or equal" request or request for clarification and written Addenda, secured changes to the specified procedures sufficient to achieve the results intended by the Contract Documents. Contractor accepts the risk that any specified procedure will result in a completed Project in full compliance with the Contract Documents.
3.1. Information regarding existing conditions was obtained only for use of County and its consultants, contractors, and tenants for planning and design and is not part of the Contract Documents.
3.2. County does not warrant, and makes no representation regarding, the accuracy or thoroughness of any information regarding existing conditions. Bidder represents and agrees that in submitting a bid it is not relying on any information regarding existing conditions supplied by County.
3.3. Under no circumstances shall County be deemed to warrant or represent existing above-ground conditions, as-built conditions, or other actual conditions, verifiable by independent investigation. These conditions are verifiable by Contractor by the performance of its own independent investigation, which Contractor must perform as a condition to bidding, and Contractor should not and shall not rely on this information or any other information supplied by County regarding existing conditions.
3.4. Any information shown or indicated in the reports and other data supplied herein with respect to existing underground facilities at or contiguous to the Project may be based upon information and data furnished to County by the County’s employees and/or consultants or builders of such underground facilities or others. County does not assume responsibility for the completeness of this information, and Bidder is solely responsible for any interpretation or conclusion drawn from this information.
3.5. County shall be responsible only for the general accuracy of information regarding underground facilities, and only for those underground facilities that are owned by County , and only where Bidder has conducted the independent investigation required of it pursuant to the Instructions to Bidders, and discrepancies are not apparent.
4.1. Before submitting a Bid, each Bidder is responsible for conducting or obtaining any 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, that may affect cost, progress, performance, or furnishing of Work or that 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 that 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 the Contract Documents.
4.2. On request, County 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. Bidders must fill all holes and clean up and restore the Site to its former condition upon completion of its explorations, investigations, tests, and studies. Such investigations and Site examinations may be performed during any and all Site visits indicated in the Notice to Bidders and only under the provisions of the Contract Documents, including, but not limited to, proof of insurance and obligation to indemnify against claims arising from such work, and County’s prior approval.
END OF DOCUMENT
END OF DOCUMENT
4.1. County reserves the right, in its sole discretion, to conduct air monitoring, earth monitoring, Work monitoring, and any other tests (in addition to testing required under the agreement or applicable law), to monitor Contract requirements of safe and statutorily compliant work methods and (where applicable) safe re-entry level air standards under state and federal law upon completion of the job, and compliance of the work with periodic and final inspection by public and quasi-public entities having jurisdiction.
4.2. Contractor acknowledges that County has the right to perform, or cause to be performed, various activities and tests including, but not limited to, pre-abatement, during abatement, and post-abatement air monitoring, that County shall have no obligation to perform said activities and tests, and that a portion of said activities and tests may take place prior to the completion of the Work by Contractor. In the event County elects to perform these activities and tests, Contractor shall afford County ample access to the Site and all areas of the Work as may be necessary for the performance of these activities and tests. Contractor will include the potential impact of these activities or tests by County in the Contract Price and the Scheduled Completion Date.
4.3. Notwithstanding County's rights granted by this paragraph, Contractor may retain its own industrial hygiene consultant at Contractor’s own expense and may collect samples and may perform tests including, but not limited to, pre-abatement, during abatement, and post-abatement personal air monitoring, and County reserves the right to request documentation of all such activities and tests performed by Contractor relating to the Work and Contractor shall immediately provide that documentation upon request.
END OF DOCUMENT
END OF DOCUMENT
PART 2 - PRODUCTS
4.1 Role and Authority
If a construction manager is used on this Project (“Construction Manager” or “CM”), the Construction Manager will provide administration of the Contract on the County's behalf. After execution of the Contract and Notice to Proceed, all correspondence, and/or instructions from Contractor and/or County shall be forwarded through the Construction Manager. The Construction Manager will not be responsible for and will not have control or charge of construction means, methods, techniques, sequences, or procedures or for safety precautions in connection with the Work, which shall all remain the Contractor’s responsibility.
4.2 Authority to Reject
The Construction Manager, however, will have authority to reject materials and/or workmanship not conforming to the Contract Documents, as determined by the County and/or the Architect. The Construction Manager shall also have the authority to require special inspection or testing of any portion of the Work, whether it has been fabricated, installed or fully completed. Any decision made by the Construction Manager, in good faith, shall not give rise to any duty or responsibility of the Construction Manager to the Contractor, any Subcontractor, their agents, employees, or other persons performing any of the Work. The Construction Manager shall have free access to any or all parts of the Work at any time.
4.3 If No Construction Manager
If the County does not use a Construction Manager on this Project, all references to Construction Manager or CM shall be read as County.
1. OUTREACH
1.1.
To promote the contractors and subcontractors in their efforts to develop their bidding and/or contracting relationships the County will:
1.1.1.
E-mail the Notice to Bidders to vendors in the County Vendor Database and other sources. Advertise the project once a week for at least two consecutive weeks in a newspaper of general circulation in the county where the project is located, trade organizations and chambers of commerce, and plan rooms. Notice of this project will also be posted on the County Current Contracting Opportunities and Calendar of Events websites (see website URL addresses below).
1.1.2.
Incorporate a networking and informational component in the mandatory bid walk/site visit.
1.1.3.
E-mail the list of attendees from the mandatory bid walk to each attendee when issuing the first Addendum for the Project and post the attendance and first Addendum on the Current Contracting Opportunities website.
2. CONTRACTOR RESOURCES
2.1.
The following sources may be contacted for assistance in soliciting subcontractor participation:
2.1.1.
Alameda County Contractor Technical Assistance Program (CTAP): Johanna Le-Penn (Merriwether & Williams Insurance Services, a Hub International Company) - (510) 740-6922. CTAP@imwis.com www.IMWIS.com
2.1.2.
Alameda County Transportation Commission LBE and SLBE vendors and certifications – https://www.alamedactc.org/get-involved/contract- equity/
2.2.
Visit the following County of Alameda GSA websites:
CERTIFIED SMALL LOCAL VENDORS https://sleb.acgov.org/#/find-a-supplier/
CURRENT CONTRACT OPPORTUNITIES https://gsa.acgov.org/do-business-with-us/contracting-opportunities/
CALENDAR OF EVENTS https://gsa.acgov.org/do-business-with-us/upcoming-contracting-events/
COUNTY OF ALAMEDA HOME PAGE http://www.acgov.org/index.htm
END OF DOCUMENT
Contractor shall mark each section legibly to record manufacturer, trade name, catalog number, and supplier of each Product and item of equipment actually installed.
PART 4 - MAINTENANCE OF RECORD DOCUMENTS
All of Contractor’s insurance shall be with insurance companies with an A.M. Best rating of no less than A: XI.
The limits of insurance shall not be less than:
| Commercial General Liability | Each Occurrence | Refer to Exhibit C |
| General Aggregate | Refer to Exhibit C | |
| Product Liability and Completed Operations | Refer to Exhibit C | |
| Automobile Liability - Any Auto | Combined Single Limit | Refer to Exhibit C |
| Excess Liability | Refer to Exhibit C | |
| Workers Compensation | Statutory limits pursuant to state law | |
| Employers' Liability | Refer to Exhibit C | |
| Builders Risk (Course of Construction) | Issued for the value of the Contract |
The Base Bid includes all work required to construct the Project completely and in accordance with the Contract Documents.
4.1.
Reference is made herein for identification of:
4.2.
Bidder may rely upon the general accuracy of the "technical data" contained in the reports and drawings identified above, but only insofar as it relates to subsurface conditions, provided Bidder has conducted the independent investigation required pursuant to Instructions to Bidders, and discrepancies are not apparent. The term "technical data" in the referenced reports and drawings shall be limited as follows:
4.2.1.
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.
4.2.2.
The term "technical data" shall not include the location of underground facilities.
4.2.3.
Bidder may not rely on the completeness of reports and drawings for the purposes of bidding or construction. Bidder may rely upon the general accuracy of the "technical data" contained in such reports or drawings.
4.2.4.
Bidder is solely responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions, or information provided in the identified reports and drawings.
PART 2 - PRODUCTS
END OF DOCUMENT
Special meetings may be requested by the County. Contractor, subcontractors, material suppliers and any other members of the project team may be required to attend.
END OF DOCUMENT
The above Alternate descriptions are general in nature and for reference purposes only. The Contract Documents, including, without limitation, the Drawings and Specifications, must be referred to for the complete scope of Work.
PART 2 - UNIT PRICING
5.1 Payment for Permits, Certificates, Licenses, and Fees. As required in the General Conditions, the Contractor shall secure and pay for all permits, licenses and certificates necessary for the prosecution of the Work with the exception of the following:
2.7.1. E.g. (water connection fees)
2.7.2. E.g. (sewer connection fees)
With respect to the above listed items, Contractor shall be responsible for securing such items, however, County will be responsible for payment of these charges or fees. Contractor shall notify the County of the amount due with respect to such items and to whom the amount is payable. Contractor shall provide the County with an invoice and receipt with respect to such charges or fees.
5.1.
Before submitting a Bid, each Bidder is responsible for conducting or obtaining any 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, that may affect cost, progress, performance, or furnishing of Work or that 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 that 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.
5.2.
On request, County 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. Bidders must fill all holes and clean up and restore the Site to its former condition upon completion of its explorations, investigations, tests, and studies. Such investigations and Site examinations may be performed during any and all Site visits indicated in the Notice to Bidders and only under the provisions of the Contract Documents, including, but not limited to, proof of insurance and obligation to indemnify against claims arising from such work.
END OF DOCUMENT
5.1 Tests and Inspections
5.1.1 The County will select an independent testing laboratory to conduct tests. Selection of the materials required to be tested shall be by the laboratory or the County's representative and not by the Contractor. The Contractor shall notify the County's representative a sufficient time in advance of its readiness for required observation or inspection.
5.1.2 The Contractor shall notify the County's representative a sufficient time in advance of the manufacture of material to be supplied under the Contract Documents that must by terms of the Contract Documents be tested, in order that the County may arrange for the testing of same at the source of supply. This notice shall be, at a minimum, seventy-two (72) hours prior to the manufacture of the material that needs to be tested.
5.1.3 Any material shipped by the Contractor from the source of supply prior to having satisfactorily passed such testing and inspection or prior to the receipt of notice from said representative that such testing and inspection will not be required, shall not be incorporated into and/or onto the Project.
5.1.4 The County will select and pay testing laboratory costs for all tests and inspections. Costs of tests of any materials found to be not in compliance with the Contract Documents shall be paid for by the County and reimbursed by the Contractor or deducted from the Contract Price.
5.2 Costs for After Hours and/or Off Site Inspections
If the Contractor performs Work outside the County’s regular working hours or requests the County to perform inspections off Site, costs of any inspections required outside regular working hours or off Site shall be borne by the Contractor and may be invoiced to the Contractor by the County or the County may deduct those expenses from the next Progress Payment.
5.1. Contractor shall perform safe, expeditious, and orderly work in accordance with the best practices and the highest standards in the hazardous waste abatement, removal, and disposal industry, the applicable law, and the Contract Documents, including, but not limited to, all responsibilities relating to the preparation and return of waste shipment records, all requirements of the law, delivering of all requisite notices, and obtaining all necessary governmental and quasi-governmental approvals.
5.2. Contractor represents that it is familiar with and shall comply with all laws applicable to the Work or completed Work including, but not limited to, all federal, state, and local laws, statutes, standards, rules, regulations, and ordinances applicable to the Work relating to:
5.2.1. The protection of the public health, welfare and environment;
5.2.2. Storage, handling, or use of asbestos, PCB, lead, petroleum based products or other hazardous materials;
5.2.3. The generation, processing, treatment, storage, transport, disposal, destruction, or other management of asbestos, PCB, lead, petroleum, or hazardous waste materials or other waste materials of any kind; and
5.2.4. The protection of environmentally sensitive areas such as wetlands and coastal areas.
PART 2 - PRODUCTS
PART 2 - PRODUCTS
Contractor shall construct the Work for the Contract price including any adjustment(s) to the Contract Price pursuant to provisions herein regarding changes to the Contract Price. Except as otherwise noted, Contractor shall provide and pay for all labor, materials, equipment, permits, fees, licenses, facilities, transportation, taxes, and services necessary for the proper execution and completion of the Work, except as indicated herein.
6.1 Status of Contractor
6.1.1 Contractor is and shall at all times be deemed to be an independent contractor and shall be wholly responsible for the manner in which it and its Subcontractors perform the services required of it by the Contract Documents. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between the County, or any of the County's employees or agents, and Contractor or any of Contractor’s Subcontractors, agents or employees. Contractor assumes exclusively the responsibility for the acts of its employees as they relate to the services to be provided during the course and scope of their employment. Contractor, its agents, its employees and its Subcontractors shall not be entitled to any rights or privileges of County employees. County shall be permitted to monitor the Contractor’s activities to determine compliance with the terms of this Contract.
6.1.2 As required by law, Contractor and all Subcontractors shall be properly licensed and regulated by the Contractor’s State License Board, 3132 Bradshaw Road, Post Office Box 2600, Sacramento, California 98826, http://www.cslb.ca.gov.
6.2 Contractor’s Supervision
6.2.1 At all times during progress of the Work, while any work is being performed, Contractor shall keep on the Premises, and at all other locations where any Work related to the Contract is being performed, a competent project manager and construction superintendent who are employees of the Contractor, to whom the County does not object and at least one of whom shall be fluent in English, written and verbal.
6.2.2 The project manager and construction superintendent shall both speak fluently the predominant language of the Contractor's employees fluently. All workers shall be sufficiently competent in English to respond to inquiries and instructions and give directions concerning matters of safety and concerning the identification and location of site foremen, the Contractor’s construction superintendent, and the Contractor’s project manager.
6.2.3 Before commencing the Work herein, Contractor shall give written notice to County of the name and relevant credentials of its project manager and construction superintendent. Neither the Contractor’s project manager nor construction superintendent shall be changed except with prior written notice to County and County’s approval, unless the Contractor’s project manager and/or construction superintendent proves to be unsatisfactory to Contractor, County, any of the County's employees, agents, the Construction Manager, or the Architect, in which case, Contractor shall notify County in writing. The Contractor’s project manager and construction superintendent shall each represent Contractor, and all directions given to Contractor’s project manager and/or construction superintendent shall be as binding as if given to Contractor.
6.2.4 Contractor shall give efficient supervision to Work, using its best skill and attention. Contractor shall carefully study and compare all Contract Documents, Drawings, Specifications, and other instructions and shall at once report to County, Construction Manager, and Architect any error, inconsistency, or omission that Contractor or its employees and Subcontractors may discover, in writing. The Contractor shall have responsibility for discovery of errors, inconsistencies, or omissions.
6.3 Duty to Provide Fit Workers
6.3.1 Contractor and Subcontractor(s) shall at all times enforce strict discipline and good order among their employees and shall not employ or work any unfit person or anyone not skilled in work assigned to that person. It shall be the responsibility of Contractor to ensure compliance with this requirement. County may require Contractor to permanently remove unfit persons from Project Site.
6.3.2 Any person in the employ of Contractor or Subcontractor(s) whom County may deem incompetent or unfit shall be excluded from working on the Project and shall not again be employed on the Project except with the prior written consent of County.
6.3.3 The Contractor shall furnish labor that can work in harmony with all other elements of labor employed or to be employed in the Work.
6.3.4 If Contractor intends to make any change in the name or legal nature of the Contractor’s entity, Contractor must first notify the County. The County shall determine if Contractor’s intended change is permissible while performing this Contract.
6.4 Purchase of Materials and Equipment
The Contractor is required to order, obtain, and store materials and equipment sufficiently in advance of its Work at no additional cost or advance payment from County to assure that there will be no delays.
6.5 Documents On Work Site
6.5.1 Contractor shall at all times keep on the Work Site, or such other location as County may authorize in writing one legible copy of all Contract Documents, including Addenda and Change Orders, and titles 19 and 24 of the California Code of Regulations, the specified edition(s) of the Uniform Building Code, all approved Drawings, Plans, Schedules, and Specifications, and all codes and documents referred to in the Specifications, and made part thereof. These documents shall be kept in good order and available to County, Construction Manager, Architect, Architect’s representatives, and all authorities having jurisdiction. Contractor shall be acquainted with and comply with the provisions of these titles as they relate to this Project. Contractor shall also be acquainted with and comply with all California Code of Regulations provisions relating to conditions on this Project. Contractor shall coordinate with Architect and Construction Manager.
6.5.2 Daily Job Reports. Contractor shall maintain, at a minimum, at least one (1) set of Daily Job Reports on the Project. These must be prepared by the Contractor's employee(s) who are present on Site and must include, at a minimum, the following information:
6.5.2.1 A brief description of all Work performed on that day. This shall include a listing of what was done, which contractors were on site that day, and where on the site the work was performed.
6.5.2.2 A summary of all other pertinent events and/or occurrences on that day.
6.5.2.3 The weather conditions on that day.
6.5.2.4 A list of all Subcontractor(s) working on that day,
6.5.2.5 A list of each Contractor employee working on that day and the total hours worked for each employee.
6.5.2.6 A complete list of all equipment on Site that day, whether in use or not.
6.5.2.7 All complete list of all materials, supplies, and equipment delivered on that day.
6.5.2.8 A complete list of all inspections and tests performed on that day.
6.5.2.9 Each day Contractor shall provide a copy of the previous day’s Daily Job Report to the County or the County’s Construction Manager.
6.6 Preservation of Records
The County shall have the right to examine and audit all Daily Job Reports or other Project records of Contractor’s project manager(s), project superintendent(s), and/or project foreperson(s), all certified payroll records and/or related documents including, without limitation, payroll, payment, timekeeping and tracking documents; all books, estimates, records, contracts, documents, bid documents, bid cost data, subcontract job cost reports, and other data of the Contractor, any Subcontractor, and/or supplier, including computations and projections related to bidding, negotiating, pricing, or performing the Work or Contract modification, in order to evaluate the accuracy, completeness, and currency of the cost, manpower, coordination, supervision, or pricing data at no additional cost to the County. These documents may be duplicative and/or be in addition to any Bid Documents held in escrow by the County. The Contractor shall make available at its office at all reasonable times the materials described in this paragraph for the examination, audit or reproduction until three (3) years after final payment under this Contract. Notwithstanding the provisions above, Contractor shall provide any records requested by any governmental agency if available, after the time set forth above.
6.7 Integration of Work
6.7.1 Contractor shall do all cutting, fitting, patching, and preparation of Work as required to make its several parts come together properly, to fit it to receive or be received by work of other contractors, and to coordinate tolerances to various pieces of work, showing upon, or reasonably implied by, the Drawings and Specifications for the completed structure, and shall conform them as County and/or Architect may direct.
6.7.2 All cost caused by defective or ill-timed Work shall be borne by Contractor, inclusive of repair work.
6.7.3 Contractor shall not endanger any work performed by it or anyone else by cutting, excavating, or otherwise altering work and shall not cut or alter work of any other contractor except with the consent of County.
6.8 Obtaining of Permits and Licenses
Contractor shall secure and pay for all permits, licenses, and certificates necessary for prosecution of Work before the date of the commencement of the Work or before the permits, licenses, and certificates are legally required to continue the Work without interruption. The Contractor shall obtain and pay, only when legally required, for all licenses, permits, inspections, and inspection certificates required to be obtained from or issued by any authority having jurisdiction over any part of the Work included in the Contract. All final permits, licenses, and certificates shall be delivered to County before demand is made for final payment.
6.9 Work to Comply With Applicable Laws and Regulations
6.9.1 Contractor shall give all notices and comply with the following specific laws, ordinances, rules, and regulations and all other applicable laws, ordinances, rules, and regulations bearing on conduct of Work as indicated and specified, including but not limited to the appropriate statutes and administrative code sections. If Contractor observes that Drawings and Specifications are at variance therewith, or should Contractor become aware of the development of conditions not covered by Contract Documents that will result in finished Work being at variance therewith, Contractor shall promptly notify County in writing, including by e-mail, and any changes deemed necessary by County shall be made as provided in Contract for changes in Work.
6.9.1.1 National Electrical Safety Code, U. S. Department of Commerce
6.9.1.2 National Board of Fire Underwriters’ Regulations
6.9.1.3 Uniform Building Code, latest addition, and the California Code of Regulations, title 24, including amendments
6.9.1.4 Manual of Accident Prevention in Construction, latest edition, published by A.G.C. of America
6.9.1.5 Industrial Accident Commission’s Safety Orders, State of California
6.9.1.6 Regulations of the State Fire Marshall (title 19, California Code of Regulations) and Pertinent Local Fire Safety Codes
6.9.1.7 Americans with Disabilities Act
6.9.1.8 Government Code of the State of California
6.9.1.9 Labor Code of the State of California, Division 2, part 7, Public Works and Public Agencies
6.9.1.10 Public Contract Code of the State of California
6.9.1.11 California Art Preservation Act
6.9.1.12 U. S. Copyright Act
6.9.1.13 U. S. Visual Artists Rights Act
6.9.2 Contractor shall comply with all applicable mitigation measures, if any, adopted by any public agency with respect to this Project pursuant to the California Environmental Quality Act (Public Resources Code § 21000 et. Seq.)
6.9.3 If Contractor performs any Work that it knew, or through exercise of reasonable care should have known, to be contrary to any applicable laws, ordinance, rules, or regulations, Contractor shall bear all costs arising therefrom.
6.9.4 Where Specifications or Drawings state that materials, processes, or procedures must be approved by the State Fire Marshall, or other body or agency, Contractor shall be responsible for satisfying requirements of such bodies or agencies.
6.10 Safety/Protection of Persons and Property
6.10.1 The Contractor will be solely and completely responsible for conditions of the Work Site, including safety of all persons and property during performance of the Work. This requirement will apply continuously and not be limited to normal working hours.
6.10.2 The wearing of hard hats and other personal protection equipment (“PPE”) shall be mandatory at all times for all personnel on Site. Contractor shall supply sufficient hard hats and PPE to properly equip all employees and visitors.
6.10.3 Any construction review of the Contractor’s performance is not intended to include a review of the adequacy of the Contractor’s safety measures in, on, or near the Work Site.
6.10.4 Implementation and maintenance of safety programs shall be the sole responsibility of the Contractor.
6.10.5 The Contractor shall furnish to the County a copy of the Contractor's safety plan within the time frame indicated in the Contract Documents and specifically adapted for the Project.
6.10.6 Contractor shall be responsible for all damages to persons or property that occur as a result of its fault or negligence in connection with the prosecution of this Contract and shall take all necessary measures and be responsible for the proper care and completion and final acceptance by County. All Work shall be solely at Contractor’s risk with the exception of damage to the Work caused by “acts of God” as defined in Public Contract Code § 7105.
6.10.7 Contractor shall take, and require Subcontractors to take, all necessary precautions for safety of workers on the Project and shall comply with all applicable federal, state, local, and other safety laws, standards, orders, rules, regulations, and building codes to prevent accidents or injury to persons on, about, or adjacent to premises where Work is being performed and to provide a safe and healthful place of employment. Contractor shall furnish, erect, and properly maintain at all times, all necessary safety devices, safeguards, construction canopies, signs, nets, barriers, lights, and watchmen for protection of workers and the public and shall post danger signs warning against hazards created by such features in the course of construction.
6.10.8 Hazards Control – Contractor shall store volatile wastes in covered metal containers and remove them from the Site daily. Contractor shall prevent the accumulation of wastes that create hazardous conditions. Contractor shall provide adequate ventilation during use of volatile or noxious substances.
6.10.9 Contractor shall designate a responsible member of its organization on the Project, whose duty shall be to post information regarding protection and obligations of workers and other notices required under occupational safety and health laws, to comply with reporting and other occupational safety requirements, and to protect the life, safety, and health of workers. Name and position of person so designated shall be reported to County by Contractor.
6.10.10 Contractor shall correct any violations of safety laws, rules, orders, standards, or regulations. Upon the issuance of a citation or notice of violation by the Division of Occupational Safety and Health, Contractor shall correct such violation promptly.
6.10.11 Contractor shall comply with any County stormwater requirements that are approved by the County and applicable to the Project, at no additional cost to the County.
6.10.12 In an emergency affecting safety of life or of work or of adjoining property, Contractor, without special instruction or authorization, shall act, at its discretion, to prevent such threatened loss or injury. Any compensation claimed by Contractor on account of emergency work shall be determined by agreement.
6.10.13 All connections to public utilities and/or existing on-site services shall be made and maintained in such a manner as to not interfere with the continuing use of same by the County during the entire progress of the Work.
6.10.14 Contractor shall provide such heat, covering, and enclosures as are necessary to protect all Work, materials, equipment, appliances, and tools against damage by weather conditions, such as extreme heat, cold, rain, snow, dry winds, flooding, or dampness.
6.10.15 The Contractor shall protect and preserve the Work from all damage or accident, providing any temporary roofs, window and door coverings, boxing, or other construction. The Contractor shall be responsible for existing structures, walks, roads, trees, landscaping, and/or improvements in working areas; and shall provide adequate protection therefor. If temporary removal is necessary of any of the above items, or damage occurs due to the Work, the Contractor shall replace same at his expense with same kind, quality, and size of Work or item damaged. This shall include any adjoining property of the County and others.
6.10.16 Contractor shall take adequate precautions to protect existing roads, sidewalks, curbs, pavements, utilities, adjoining property, and structures (including, without limitation, protection from settlement or loss of lateral support), and to avoid damage thereto, and repair any damage thereto caused by construction operations.
6.10.17 Contractor shall confine apparatus, the storage of materials, and the operations of workers to limits indicated by law, ordinances, permits, or directions of Architect, and shall not interfere with the Work or unreasonably encumber Premises or overload any structure with materials. Contractor shall enforce all instructions of County and Architect regarding signs, advertising, fires, and smoking, and require that all workers comply with all regulations while on Project Site.
6.10.18 Contractor, Contractor’s employees, Subcontractors, Subcontractors’ employees, or any person associated with the Work shall conduct themselves in a manner appropriate for a public site. No verbal or physical contact with the public, neighbors, or tenants, or profanity, or inappropriate attire or behavior will be permitted. County may require Contractor to permanently remove non-complying persons from Project Site.
6.10.19 Contractor shall take care to prevent disturbing or covering any survey markers, monuments, or other devices marking property boundaries or corners. If such markers are disturbed, Contractor shall have a civil engineer, registered as a professional engineer in California, replace them at no cost to County.
6.10.20 In the event that the Contractor enters into any agreement with owners of any adjacent property to enter upon the adjacent property for the purpose of performing the Work, Contractor shall fully indemnify, defend, and hold harmless each person, entity, firm, or agency that owns or has any interest in adjacent property. The form and content of the agreement of indemnification shall be approved by the County prior to the commencement of any Work on or about the adjacent property. The Contractor shall also indemnify the County as provided in the indemnification provision herein. These provisions shall be in addition to any other requirements of the owners of the adjacent property.
6.11 Working Evenings and Weekends
Contractor may be required to work evenings and/or weekends at no additional cost to the County. Contractor shall give the County seventy-two (72) hours notice prior to performing any evening and/or weekend work. Contractor shall perform all evening and/or weekend work only upon County’s approval and in compliance with all applicable rules, regulations, laws, and local ordinances including, without limitation, all noise and light limitations. Contractor shall reimburse the County for any expenses necessitated by the Contractor’s evening and/or weekend work.
6.12 Badge Policy For Contractors
All Contractors doing work for Alameda County will provide their workers with identification badges. These badges will be worn by all members of the Contractor's staff who are working in a County facility.
6.12.1 Badges must be filled out in full and contain the following information:
6.12.1.1 Name of Contractor and Contractor’s Company logo, if any
6.12.1.2 Name and front facial photograph of Employee
6.12.1.3 Contractor's address and phone number
6.12.1.4 Name and phone number of Project Manager (County)
6.12.2 Badges are to be worn when the Contractor or his/her employees are on site and must be visible at all times. Contractors must inform their employees that they are required to allow County employees to review the information on the badges upon request
6.12.3 Failure to display identification badges as required by this policy may result in the assessment of fines against the Contractor.
6.13 County Drug Policy - Drug-Free Work Place
6.13.1 Contractor, Contractor's employees, and Contractor's Subcontractors and their employees shall comply with the County's policy of maintaining a drug-free workplace. Neither Contractor/Subcontractor nor Contractor's/Subcontractor's employees shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code § 812, including marijuana, heroin, cocaine, and amphetamines, at any County facility or work site. If Contractor or any employee of contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site, the Contractor within five (5) calendar days thereafter shall notify the head of the County department/agency for which the contract services are performed. Violation of this provision shall constitute a material breach of this contract.
6.14 Cleaning Up
6.14.1 The Contractor shall provide all services, labor, materials, and equipment necessary for protecting the Work, all Project occupants, furnishings, equipment, and building structure from damage until its completion and final acceptance by County. Dust barriers shall be provided to isolate dust and dirt from construction operations. At completion of the Work and portions thereof, Contractor shall clean to the original state any areas beyond the Work area that become dust laden as a result of the Work. The Contractor must erect the necessary warning signs and barricades to ensure the safety of all Project occupants. The Contractor at all times must maintain good housekeeping practices to reduce the risk of fire damage and must make a fire extinguisher, fire blanket, and/or fire watch, as applicable, available at each location where cutting, braising, soldering, and/or welding is being performed and locations where there is an increased risk of fire.
6.14.2 Contractor at all times shall keep Premises free from debris such as waste, rubbish, and excess materials and equipment caused by the Work. Contractor shall not leave debris under, in, or about the Premises, but shall promptly remove same from the Premises on a daily basis. If Contractor fails to clean up, County may do so, and the cost thereof shall be charged to Contractor. If Contract is for work on an existing facility, Contractor shall also perform specific clean-up on or about the Premises upon request by the County as it deems necessary for the continuing use of the facility. Contractor shall comply with all related provisions of the Specifications.
6.14.3 If the Construction Manager, Architect, or County observes the accumulation of trash and debris, the County will give the Contractor a 24-hour written notice to mitigate the condition.
6.14.4 Should the Contractor fail to perform the required clean-up, or should the clean-up be deemed unsatisfactory by the County, the County will then perform the clean-up. All cost associated with the clean-up work (including all travel, payroll burden, and costs for supervision) will be deducted from the Contract Price, or County may withhold those amounts from payment(s) to Contractor.
6.1. Contractor has the sole responsibility for determining current waste storage, handling, transportation, and disposal regulations for the job Site and for each waste disposal facility. Contractor must comply fully at its sole cost and expense with these regulations and any applicable law. County may, but is not obligated to, require submittals with this information for it to review consistent with the Contract Documents.
6.2. Contractor shall develop and implement a system acceptable to County to track hazardous waste from the Site to disposal, including appropriate "Hazardous Waste Manifests" on the EPA form, so that County may track the volume of waste it put in each landfill and receive from each landfill a certificate of receipt.
6.3. Contractor shall provide County with the name and address of each waste disposal facility prior to any disposal, and County shall have the express right to reject any proposed disposal facility. Contractor shall not use any disposal facility to which County has objected. Contractor shall document actual disposal or destruction of waste at a designated facility by completing a disposal certificate or certificate of destruction forwarding the original to the County.
PART 3 - EXECUTION
PART 2 - PRODUCTS
Not Used.
PART 3 -EXECUTION
[THE FOLLOWING ARE EXAMPLES ONLY AND SHOULD BE REVISED WITH CONSULTATIONS WITH ARCHITECT.]
END OF DOCUMENT
Contractor shall completely state all required figures based on Unit Prices listed below. Where scope of Work is decreased, all Work pertaining to the item, whether specifically stated or not, shall be omitted and where scope of Work is increased, all work pertaining to that item required to render same ready for use on the Project in accordance with intention of Drawings and Specifications shall be included in an agreed upon price amount.
END OF DOCUMENT
PART 2 - PRODUCTS
Contractor shall provide products, spare parts, maintenance, and extra materials in quantities specified in the Specifications and in Manufacturer's recommendations.
Contractor shall provide County all required Operation and Maintenance Data.
PART 2 - PRODUCTS Not used.
PART 3 - EXECUTION Not used.
END OF DOCUMENT
Furnish all materials, tools, equipment, devices, appurtenances, facilities, and services required for performing waste management of debris covered under this Section.
PART 3 - EXECUTION
Furnish unit prices for each of the named items on a square foot, lineal foot, or per each basis, as applies. Unit prices shall include all labor, materials, services, profit, overhead, insurance, bonds, taxes, and all other incidental costs of Contractor, subcontractors, and supplier(s).
Not Used
END OF DOCUMENT
PART 3 - EXECUTION
7.1. Before performing any of the Work, and at such other times as may be required by applicable law, Contractor shall deliver all requisite notices and obtain the approval of all governmental and quasi-governmental authorities having jurisdiction over the Work. Contractor shall submit evidence satisfactory to County that it and any disposal facility:
7.1.1. have obtained all required permits, approvals, and the like in a timely manner both prior to commencement of the Work and thereafter as and when required by applicable law, and
7.1.2. are in compliance with all such permits, approvals and the regulations.
For example, before commencing any work in connection with the Work involving asbestos-containing materials, or PCBs, or other hazardous materials subject to regulation, Contractor agrees to provide the required notice of intent to renovate or demolish to the appropriate state or federal agency having jurisdiction, by certified mail, return receipt requested, or by some other method of transmittal for which a return receipt is obtained, and to send a copy of that notice to County. Contractor shall not conduct any Work involving asbestos- containing materials or PCBs unless Contractor has first confirmed that the appropriate agency having jurisdiction is in receipt of the required notification. All permits, licenses, and bonds that are required by governmental or quasi- governmental authorities, and all fees, deposits, tap fees, offsite easements, and asbestos and PCB disposal facilities expenses necessary for the prosecution of the Work, shall be procured and paid for by Contractor. Contractor shall give all notices and comply with the all applicable laws bearing on the conduct of the Work as drawn and specified. If Contractor observes or reasonably should have observed that Plans and Specifications and other Contract Documents are at variance therewith, it shall be responsible for promptly notifying County in writing, including by e-mail, of such fact. If Contractor performs any Work contrary to applicable laws, it shall bear all costs arising therefrom.
7.2. In the case of any permits or notices held in County's name or of necessity to be made in County's name, County shall cooperate with Contractor in securing the permit or giving the notice, but the Contractor shall prepare for County review and execution upon approval, all necessary applications, notices, and other materials.
Contractor is responsible for meeting all applicable codes, OSHA, safety and shoring requirements.
7.1 Alameda County utilizes the Elation Systems contract compliance application as part of its commitment to assist contractors to comply with certain legal and contractual requirements.
7.2 The prime contractor and all subcontractors awarded contracts as a result of the bid process for this project are required to use the Elation System to submit information including, but not limited to, weekly certified payrolls, monthly progress payment reports and other information. Use of the Elation System, support and training are available at no charge to prime and subcontractors participating in County contracts.
7.3 Upon contract award:
7.3.1 The County will provide contractors and subcontractors participating in any contract awarded as a result of this bid process, a code that will allow them to register and use the Elation System free of charge.
7.3.2 Contractors should schedule a representative from their office/company, along with each of their subcontractors, to attend Elation Systems training.
7.3.2.1 Free multi-agency Elation Systems one-hour training sessions require reservations and are held monthly in the Pleasanton, California area.
7.4 It is the Contractor’s responsibility to ensure that they and their subcontractors are registered and trained as required to utilize Elation Systems.
7.4.1 For systems support visit Elation Systems online at http://www.elationsys.com/ or contact them at (925) 924-0340.
7.4.2 If you have questions regarding the utilization of the Elation Systems, please contact the Project Manager.
END OF DOCUMENT
7.1 Contractor Shall Provide Subcontractor Information
Contractor shall provide the County with information for all Subcontracts as indicated in the Contractor’s Submittals and Schedules Section herein.
7.2 No Contractual Relationship Between County and Subcontractors
No contractual relationship exists between the County and any Subcontractor, Supplier, or sub-subcontractor supplier, or sub-subcontractor by reason of this Contract.
7.3 Contractor Binds Every Subcontractor by Terms of Contract
Contractor agrees to bind every Subcontractor by terms of Contract as far as those terms are applicable to Subcontractor’s work If Contractor shall subcontract any part of this Contract, Contractor shall be as fully responsible to County for acts and omissions of any Subcontractor and of persons either directly or indirectly employed by any Subcontractor, as it is for acts and omissions of persons directly employed by Contractor. The divisions or sections of the Specifications are not intended to control the Contractor in dividing the Work among Subcontractors or limit the work performed by any trade.
7.4 No Waiver of Obligations
County's consent to, or approval of, or failure to object to, any Subcontractor under this Contract shall not in any way relieve Contractor of any obligations under this Contract, and no such consent shall be deemed to waive any provisions of this Contract.
7.5 Contractor to Familiarize Itself with Laws
Contractor is directed to familiarize itself with §§4100 through 4114 of the Public Contract Code of the State of California, as regards subletting and subcontracting, and to comply with all applicable requirements therein. In addition, Contractor is directed to familiarize itself with §§1720 through 1861 of the Labor Code of the State of California, as regards the payment of prevailing wages and related issues, and to comply with all applicable requirements therein all including, without limitation, § 1775 and the Contractor’s and Subcontractors’ obligations and liability for violations of prevailing wage law and other applicable laws.
7.6 Subcontractor Substitutions
No Contractor whose Bid is accepted shall, without consent of the awarding authority and in full compliance with § 4100, et seq, of the Public Contract Code, including, without limitation, §§4107, 4107.5, and 4109 of the Public Contract Code, either:
7.6.1 Substitute any person as a Subcontractor in place of the Subcontractor designated in the original Bid; or
7.6.2 Permit any Subcontract to be assigned or transferred, or allow any portion of the Work to be performed by anyone other than the original Subcontractor listed in the Bid; or
7.6.3 Sublet or subcontract any portion of the Work in excess of one-half of one percent (1/2 of 1%) of the Contractor’s total bid as to which his original bid did not designate a Subcontractor.
7.7 Subcontractor Coordination
The Contractor shall be responsible for the coordination of the trades, Subcontractors, sub-subcontractors, and material or equipment suppliers working on the Project.
7.8 Subcontractor Relations
Contractor is solely responsible for settling any differences between the Contractor and its Subcontractor(s) or between Subcontractors.
7.9 Assignment or Termination
Contractor must include in all of its subcontracts the assignment provisions as indicated in the Termination section of these General Conditions.
Contractor shall submit to the County for review two (2) copies of preliminary draft or proposed formats and outlines of the contents of the Manual within thirty (30) days of Contractor’s start of Work.
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8.1 County Right to Perform
County reserves the right to let other contracts, and/or to perform work with its own forces, in connection with the Project. Contractor shall afford other County and other contractors’ reasonable opportunity for introduction and storage of their materials and execution of their work and shall properly coordinate and connect Contractor’s Work with the work of County and other contractors.
8.2 Protection of Work
In addition to Contractor’s obligation to protect its own Work, Contractor shall protect the work of County and any other contractor that Contractor encounters while working on the Project.
8.3 Coordination with Other Work
If any part of Contractor’s Work depends for proper execution or results upon work of County or any other contractor, the Contractor shall inspect and promptly report to the County in writing, including by e-mail, before proceeding with its Work any defects in County’s or any other contractor’s work that render Contractor’s Work unsuitable for proper execution and results. Contractor shall be held accountable for damages to County for County’s or any other contractor’s work that Contractor failed to inspect or should have inspected. Contractor’s failure to inspect and report shall constitute Contractor’s acceptance of all County’s or other contractor’s work as fit and proper for reception of Contractor’s Work, except as to defects that may develop in County’s or other contractor’s work after execution of Contractor’s Work.
8.4 Measurement of Work Performed
To ensure proper execution of its subsequent work, Contractor shall measure and inspect work already in place and shall at once report to the County in writing, including by e-mail, any discrepancy between that executed work and the Contract Documents.
8.5 Knowledge of Other Work
Contractor shall ascertain to its own satisfaction the scope of the Project and nature of any County-performed work or other contracts that have been or may be awarded by County in prosecution of the Project to the end that Contractor may perform this Contract in light of the other contracts, if any.
8.6 No Exclusive Occupancy of Site
Nothing herein contained shall be interpreted as granting to Contractor exclusive occupancy of the Site, the Premises, or of the Project. Contractor shall not cause any unnecessary hindrance or delay to the use and/or operation(s) of the Premises and/or to County or any other contractor working on the Project. If simultaneous execution of any contract or operation is likely to cause interference with performance of Contractor’s Contract, Contractor shall coordinate with those contractor(s), person(s), and/or entity(s) and shall notify the County of the resolution.
8.1. To the extent permitted by law, the indemnities and limitations of liability expressed throughout the Contract Documents apply with equal force and effect to any claims or liabilities imposed or existing by virtue of the removal, abatement, and disposal of hazardous waste. This includes, but is not limited to, liabilities connected to the selection and use of a waste disposal facility, personal injury, property damage, loss of use of property, damage to the environment or natural resources, or “disposal” and “release” of materials associated with the Work (as defined in 42 U.S.C. § 960l et seq.).
Contractor is responsible for any re-surveying required by correction of nonconforming work.
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9.1 List of all Drawings
A complete list of all Drawings that form a part of the Contract is to be found in Document 00 11 15 (List of Drawing Sheets)
9.2 Technical and Trade Words
Materials or Work described in words that so applied have a well-known technical or trade meaning shall be deemed to refer to recognized standards unless noted otherwise.
9.3 Trade Name or Trade Term
It is not the intention of this Contract to go into detailed descriptions of any materials and/or methods commonly known to the trade under “trade name” or “trade term.” The mere mention or notation of “trade name” or “trade term” shall be considered a sufficient notice to Contractor that it will be required to complete the work so named, complete, finished, and operable, with all its appurtenances, according to the best practices of the trade.
9.4 The Naming of any Material and/or Equipment Shall Mean Furnishing
The naming of any material and/or equipment shall mean furnishing and installing of same, including all incidental and accessory items thereto and/or labor, therefore, as per best practices of the trade(s) involved, unless specifically noted otherwise.
9.5 Contract Documents are Complementary
Contract Documents are complementary, and what is called for by one shall be binding as if called for by all. As such, Drawings and Specifications are intended to be fully cooperative and to agree. However, if Contractor observes that Drawings and Specifications are in conflict, Contractor shall promptly notify County and Architect in writing, including by e-mail, and any necessary changes shall be made as provided in the Contract Documents.
9.6 Drawings and Specifications are Intended to Comply With All Laws
Drawings and Specifications are intended to comply with all laws ordinances, rules, and regulations of constituted authorities having jurisdiction, and where referred to in the Contract Documents, the laws, ordinances, rules, and regulations shall be considered as a part of the Contract within the limits specified. Contractor shall bear all expense of correcting work done contrary to said laws, ordinances, rules, and regulations.
9.7 Plans, Drawings, Designs, Specifications are County Property
All copies of Plans, Drawings, Designs, Specifications and copies of other incidental architectural and engineering work, or copies of other Contract Documents furnished by County, are the property of County. They are not to be used by Contractor in other work and, with the exception of signed sets of Contract Documents, are to be returned to County on request at completion of Work, or may be used by County as it may require without any additional costs to County. Neither the Contractor nor any Subcontractor, or material or equipment supplier shall own or claim copyright in the Drawings, Specifications, and other documents prepared by the Architect. County hereby grants the Contractor, Subcontractors, sub-subcontractors, and material or equipment suppliers a limited license to use applicable portions of the Drawings prepared for the Project in the execution of their Work under the Contract Documents.
9.8 Order of Precedence
In the case of discrepancy or ambiguity in the Contract Documents, the order of precedence in Document (Agreement Form Stipulated sum (Single Prime Contract)) shall prevail.
9.9 Resolution of Discrepancy or Ambiguity
However, in the case of discrepancy or ambiguity solely between and among the Drawings and Specifications, the discrepancy or ambiguity shall be resolved in favor of the interpretation that will provide County with the functionally complete and operable Project described in the Drawings and Specifications.
9.10 County Clarification
In case of ambiguity, conflict, or lack of information, County will furnish clarifications with reasonable promptness. Should any clarification, in the opinion of Contractor, cause an increase in the Contract Price, Contractor may request a change in the Contract Price and/or Contract. Within seven (7) days after receipt of the interpretation or request, Contractor to submit to the Construction Manager a detailed description of the contract requirements that were exceeded and the resulting change in cost.
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9.1. County shall have an absolute right to terminate for default immediately without notice and without an opportunity to cure should Contractor knowingly or recklessly commit a material breach of the terms of the Contract Documents, or any applicable law, on any matter involving the exposure of persons or property to hazardous waste. However, if the breach of contract exposing persons or property to hazardous waste is due solely to an ordinary, unintentional, and non-reckless failure to exercise reasonable care, then the procedures for termination for cause shall apply without modification.
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Refer to § 01 33 00 “Submittal Procedures.” Contractor’s submittals shall comply with the provisions and requirements of the Specifications.
10.1 Schedule of Work, Schedule of Submittals, and Schedule of Values
Within TEN (10) calendar days after the date of the Notice to Proceed (unless otherwise specified in the Specifications), the Contractor shall prepare and submit to the County for review, in a form supported by sufficient data to substantiate its accuracy as the County may require:
10.1.1 Preliminary Schedule
A preliminary schedule of construction indicating the starting and completion dates of the various stages of the Work, including any information and following any form as may be specified in the Specifications. Once approved by County, this shall become the Construction Schedule. This schedule shall include and identify all tasks that are on the Project’s critical path with a specific determination of the start and completion of each critical path task as well as all contract milestones and each milestone’s completion date(s) as may be required by the County.
10.1.2 Preliminary Schedule of Values
A preliminary schedule of values for all of the Work, which must include quantities and prices of items aggregating the Contract Price and must subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. This preliminary schedule of values shall include, at a minimum, the following information, and the following structure:
10.1.2.1 Divided into at least the following categories:
10.1.2.1.1 Overhead and profit;
10.1.2.1.2 Supervision;
10.1.2.1.3 General conditions;
10.1.2.1.4 Layout;
10.1.2.1.5 Mobilization;
10.1.2.1.6 Submittals;
10.1.2.1.7 Bonds and insurance;
10.1.2.1.8 Close-out documentation;
10.1.2.1.9 Demolition;
10.1.2.1.10 Installation;
10.1.2.1.11 Rough-in;
10.1.2.1.12 Finishes;
10.1.2.1.13 Testing;
10.1.2.1.14 Punch list and acceptance.
10.1.2.2 Divided by each of the following areas:
10.1.2.2.1 Site work;
10.1.2.2.2 By each building;
10.1.2.2.3 By each floor.
10.1.3 The preliminary schedule of values shall not provide for values any greater than the following percentages of the Contract value:
10.1.3.1 Mobilization and layout combined to equal not more than 1%;
10.1.3.2 Submittals, samples and shop drawings combined to equal not more than 3%, bonds and insurance combined to equal not more than 2%.
10.1.3.3 Closeout documentation shall have a value in the preliminary schedule of not less than 5%.
10.1.4 Notwithstanding any provision of the Contract Documents to the contrary, payment of the Contractor's overhead, supervision, general conditions costs, and profit, as reflected in the Cost Breakdown, shall be paid by the County in equal installments, based on percentage complete, with the disbursement of Progress Payments and the Final Payment.
10.1.5 Contractor shall certify that the preliminary schedule of values, as submitted to the County, is accurate and reflects the costs as developed in preparing Contractor’s bid. The preliminary schedule of values shall be subject to the County's review and approval of the form and content thereof. In the event that the County objects to any portion of the preliminary schedule of values, the County shall notify the Contractor, in writing, including by e-mail, of the County's objection(s) to the preliminary schedule of values. Within five (5) calendar days of the date of the County's written objection(s), Contractor shall submit a revised preliminary schedule of values to the County for review and approval. The foregoing procedure for the preparation, review, and approval of the preliminary schedule of values shall continue until the County has approved the entirety of the preliminary schedule of values.
10.1.6 Once the preliminary schedule of values is approved by the County, this shall become the Schedule of Values. The Schedule of Values shall not be thereafter modified or amended by the Contractor without the prior consent and approval of the County, which may be granted or withheld in the sole discretion of the County.
10.1.7 Preliminary Schedule of Submittals
A preliminary schedule of submittals, including Shop Drawings, Product Data, and Samples submittals. Once approved by County, this shall become the Submittal Schedule. All submittals shall be forwarded to the County by the date indicated on the approved Submittal Schedule unless an earlier date is necessary to maintain the Construction Schedule, in which case those submittals shall be forwarded to the County so as not to delay the Construction Schedule.
10.1.8 Safety Plan
Contractor’s Safety Plan specifically adapted for the Project. Contractor's Safety Plan shall comply with the following requirements:
10.1.8.1 All applicable requirements of California Division of Industrial Safety (“CalOSHA”) and/or of the United States Occupational Safety and Health Administration (“OSHA”).
10.1.8.1.1 All provisions regarding Project safety, including all applicable provisions of these General Conditions.
10.1.8.2 Contractor’s Safety Plan shall be in English and in the language(s) of the Contractor’s and its Subcontractors’ employees.
10.1.9 Site Security and Logistics Plan
10.1.9.1 Contractor’s Site Logistics and Security Plan, based on the Project’s security requirements and to be approved by the County before commencement of the work shall comply with the following requirements and include, but not necessarily be limited to the following: Working Hours, Tool Control, Crew Size, Delivery Plan, Staging Area, Security Clearances, Cutting/Drilling/Demolition, Working around inmates, and Materials Control.
10.1.10 Complete Subcontractor List
The name, address, telephone number, facsimile number, California State Contractors License number, classification, and monetary value of all Subcontracts for parties furnishing labor, material, or equipment for completion of the Project.
10.1.11 General Requirements
10.1.11.1 Contractor must provide all schedules both in hard copy and electronically, in a format (e.g., Microsoft Project or Primavera) approved in advance by the County.
10.1.11.2 The County will review the schedules submitted, and the Contractor shall make changes and corrections in the schedules as requested by the County and resubmit the schedules until approved by the County.
10.1.11.3 The County shall have the right at any time to revise the schedule of values if, in the County's sole opinion, the schedule of values does not accurately reflect the value of the Work performed.
10.1.11.4 All submittals and schedules must be approved by the County before Contractor can rely on them as a basis for payment.
10.2 Monthly Progress Schedule(s)
10.2.1 Upon request by the County, Contractor shall provide Monthly Progress Schedule(s) to the County. A Monthly Progress Schedule shall update the approved Construction Schedule or the last Monthly Progress Schedule, showing all work completed and to be completed. The monthly Progress Schedule shall be sent within the timeframe requested by the County and shall be in a format acceptable to the County and contain a written narrative of the progress of work that month and any changes, delays, or events that may affect the work. The process for County approval of the Monthly Progress Schedule shall be the same as the process for approval of the Construction Schedule.
10.2.2 Contractor shall also submit Monthly Progress Schedule(s) with all payment applications.
10.3 Material Safety Data Sheets (MSDS)
Contractor is required to ensure Material Safety Data Sheets are available in a readily accessible place at the Work Site for any material requiring a Material Safety Data Sheet per the Federal “Hazard Communication” standard, or employees right to know law. The Contractor is also required to ensure proper labeling on substance brought onto the job site and that any person working with the material or within the general area of the material is informed of the hazards of the substance and follows proper handling and protection procedures. Two additional copies of the Material Safety Data Sheets shall also be submitted directly to the County.
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PART 2 - PRODUCTS (Not Used)
PART 3 - EXECUTION
11.1 Site Investigation
Before bidding on this Work, Contractor shall make a careful investigation of the Site and thoroughly familiarize itself with the requirements of the Contract. By the act of submitting a bid for the Work included in this Contract, Contractor shall be deemed to have made a complete study and investigation, and to be familiar with and accepted the existing conditions of the Site.
11.2 Soils Investigation Report
11.2.1 When a soils investigation report obtained from test holes at Site is available, that report shall be available to the Contractor but shall not be a part of this Contract. Any information obtained from that report or any information given on Drawings as to subsurface soil condition or to elevations of existing grades or elevations of underlying rock is approximate only, is not guaranteed, does not form a part of this Contract, and Contractor may not rely thereon. By submitting its bid, Contractor acknowledges that it has made a visual examination of Site and has made whatever tests Contractor deems appropriate to determine underground condition of the soil.
11.2.2 Contractor agrees that no claim against County will be made by Contractor for damages and hereby waives any rights to damages if, during progress of Work, Contractor encounters subsurface or latent conditions at Site materially differing from those shown on Drawings or indicated in Specifications, or for unknown conditions of an unusual nature that differ materially from those ordinarily encountered in the work of the character provided for in Plans and Specifications, except as indicated in the provisions of these General Conditions regarding trenches, trenching, and/or existing utility lines.
11.3 Access to Work
County and its representatives shall at all times have access to Work wherever it is in preparation or progress, including storage and fabrication. Contractor shall provide safe and proper facilities for such access so that County's representatives may perform their functions.
11.4 Layout and Field Engineering
11.4.1 All field engineering required for layout of this Work and establishing grades for earthwork operations shall be furnished by Contractor at its expense. This Work shall be done by a qualified, California-registered civil engineer approved in writing by County and Architect. Any required “Record” drawings of Site development shall be prepared by the approved civil engineer.
11.4.2 The Contractor shall be responsible for having ascertained pertinent local conditions such as location, accessibility, and general character of the Site and for having satisfied itself as to the conditions under which the Work is to be performed. County shall not be liable for any claim for allowances because of Contractor’s error or negligence in acquainting itself with the conditions at the Site.
11.4.3 Contractor shall protect and preserve established benchmarks and monuments and shall make no changes in locations without the prior written approval of County. Contractor shall replace any benchmarks or monuments that are lost or destroyed subsequent to proper notification of County and with County's approval.
11.5 Utilities
Utilities shall be provided as indicated in the Specifications.
11.6 Sanitary Facilities
Sanitary facilities shall be provided as indicated in the Specifications.
11.7 Surveys
Contractor shall provide surveys done by a California-licensed civil engineer surveyor to determine locations of construction, grading, and site work as required to perform the Work.
11.8 Regional Notification Center
The Contractor, except in an emergency, shall contact the appropriate regional notification center at least two (2) days prior to commencing any excavation if the excavation will be conducted in an area or in a private easement that is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the County, and obtain an inquiry identification number from that notification center. No excavation shall be commenced and/or carried out by the Contractor unless an inquiry identification number has been assigned to the Contractor or any Subcontractor, and the Contractor has given the County the identification number. Any damages arising from Contractor's failure to make appropriate notification shall be at the sole risk and expense of the Contractor. Any delays caused by failure to make appropriate notification shall be at the sole risk of the Contractor and shall not be considered for an extension of the Contract time.
11.9 Existing Utility Lines
11.9.1 Pursuant to Government Code § 4215, County assumes the responsibility for removal, relocation, and protection of main or trunk utility lines and facilities located on the Construction Site at the time of commencement of construction under this Contract with respect to any such utility facilities that are not identified in the Plans and Specifications. Contractor shall not be assessed for liquidated damages for delay in completion of the Project caused by failure of County or the owner of a utility to provide for removal or relocation of such utility facilities.
11.9.2 Locations of existing utilities provided by County shall not be considered exact, but approximate within reasonable margin and shall not relieve Contractor of responsibilities to exercise reasonable care nor costs of repair due to Contractor’s failure to do so. County shall compensate Contractor for the costs of locating, repairing damage, not due to the failure of Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the Plans and Specifications with reasonable accuracy, and for equipment necessarily idle during such work.
11.9.3 No provision herein shall be construed to preclude assessment against Contractor for any other delays in completion of the Work. Nothing in this Article shall be deemed to require County to indicate the presence of existing service laterals, appurtenances, or other utility lines, with the exception of main or trunk utility lines. Whenever the presence of these utilities on the Site of the construction Project can be inferred from the presence of other visible facilities, such as buildings, meter junction boxes, on or adjacent to the Site of the construction.
11.9.4 If Contractor, while performing Work under this Contract, discovers utility facilities not identified by County in Contract Plans and Specifications, Contractor shall immediately notify the County and the utility in writing. The cost of repair for damage to above-mentioned visible facilities without prior written notification to the County shall be borne by the Contractor.
11.10 Notification
Contractor understands, acknowledges and agrees that the purpose for prompt notification to the County pursuant to these provisions is to allow the County to investigate the condition(s) so that the County shall have the opportunity to decide how the County desires to proceed as a result of the condition(s). Accordingly, failure of Contractor to promptly notify the County in writing, including by e-mail, pursuant to these provisions, shall constitute Contractor's waiver of any claim for damages or delay incurred as a result of the condition(s).
11.11 Hazardous Materials
Contractor shall comply with all provisions and requirements of the Contract Documents related to hazardous materials including, without limitation, Hazardous Materials Procedures, and Requirements.
11.12 No Signs
Neither the Contractor nor any other person or entity shall display any signs not required by law or the Contract Documents at the Site, fences trailers, offices, or elsewhere on the Site without specific prior written approval of the County.
12.1 Trenches Greater Than Five Feet
Pursuant to Labor Code § 6705, if the Contract Price exceeds $25,000 and involves the excavation of any trench or trenches five (5) feet or more in depth, the Contractor shall, in advance of excavation, promptly submit to the County and/or a registered civil or structural engineer employed by the County or Architect, a detailed plan showing the design of shoring for protection from the hazard of caving ground during the excavation of such trench or trenches.
12.2 Excavation Safety
If such plan varies from the Shoring System Standards established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer, but in no case shall such plan be less effective than that required by the Construction Safety Orders. No excavation of such trench or trenches shall be commenced until said plan has been accepted by the County or by the person to whom authority to accept has been delegated by the County.
12.3 No Tort Liability of County
Pursuant to Labor Code § 6705, nothing in this Article shall impose tort liability upon the County or any of its employees.
12.4 No Excavation Without Permits
The Contractor shall not commence any excavation Work until it has secured all necessary permits including the required CalOSHA excavation/shoring permit. Any permits shall be prominently displayed on the Site prior to the commencement of any excavation.
12.5 Discovery of Hazardous Waste and/or Unusual Conditions
12.5.1 Pursuant to Public Contract Code § 7104, if the Work involves digging trenches or other excavations that extend deeper than four feet below the Surface, the Contractor shall promptly, and before the following conditions are disturbed, notify the County, in writing, including by e-mail, of any:
12.5.1.1 Material that the Contractor believes may be material that is hazardous waste, as defined in § 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
12.5.1.2 Subsurface or latent physical conditions at the Site differing from those indicated.
12.5.1.3 Unknown physical conditions at the Site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.
12.5.2 The County shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the Work, shall issue a Change Order under the procedures described herein.
12.5.3 In the event that a dispute arises between County and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for in the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law that pertains to the resolution of disputes and protests.
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PART 2 – PRODUCTS Not Used.
PART 3 – EXECUTION Not Used.
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13.1 Insurance
All insurance required of Contractor and/or its Subcontractor(s) shall be in amounts set forth in the Special Conditions and include the provisions as set forth herein.
13.1.1 Commercial General Liability and Automobile Liability Insurance
13.1.1.1 Contractor shall procure and maintain, during the life of this Contract, Commercial General Liability Insurance and Automobile Liability Insurance that shall protect Contractor, County, Construction Manager(s), and Architect(s) from all claims for bodily injury, property damage, personal injury, death, advertising injury, and medical payments arising from operations under this Contract. Contractor shall ensure that Products Liability and Completed Operations coverage and Fire Damage Liability is included within the above policies and within the required limits, or Contractor shall procure and maintain these coverages separately.
13.1.1.2 Subcontractor: Contractor shall require its Subcontractors if any, to procure and maintain similar Commercial General Liability Insurance and Automobile Liability Insurance with minimum limits equal to the amount required of the Contractor. Contractor shall verify Subcontractor’s compliance.
13.1.2 Excess Liability Insurance
13.1.2.1 Contractor shall procure and maintain, during the life of this Contract, Excess Liability Insurance that shall protect Contractor, County, Construction Manager(s), and Architect(s) in amounts and including the provisions as set forth in the Special Conditions, and that complies with all requirements for Commercial General Liability and Automobile Liability and Employers’ Liability Insurance.
13.1.2.2 Subcontractor: Contractor shall require its Subcontractor(s) if any, to procure and maintain similar Excess Liability Insurance with minimum limits equal to the amount required of the Contractor. Contractor shall verify Subcontractor’s compliance.
13.1.3 Workers’ Compensation and Employers’ Liability Insurance
13.1.3.1 In accordance with provisions of § 3700 of the California Labor Code, the Contractor and every Subcontractor shall be required to secure the payment of compensation to its employees.
13.1.3.2 Contractor shall procure and maintain, during the life of this Contract, Workers’ Compensation Insurance and Employers’ Liability Insurance for all of its employees engaged in work under this Contract, on/or at the Site of the Project. This coverage shall cover, at a minimum, medical and surgical treatment, disability benefits, rehabilitation therapy, and survivors' death benefits. Contractor shall require its Subcontractor(s) if any, to procure and maintain Workers’ Compensation Insurance and Employers’ Liability Insurance for all employees of Subcontractor(s). Any class of employee or employees not covered by a Subcontractor’s insurance shall be covered by Contractor’s insurance. If any class of employee or employees engaged in Work under this Contract, on or at the Site of the Project, is not protected under the Workers’ Compensation Statute, Contractor shall provide, or shall cause a Subcontractor to provide, adequate insurance coverage for the protection of any employee(s) not otherwise protected before any of those employee(s) commence work.
13.1.4 Builder's Risk Insurance: Builder's Risk "All-Risk" Insurance.
Contractor shall procure and maintain, during the life of this Contract, Builder’s Risk (Course of Construction), or similar first party property coverage acceptable to the County, issued on a replacement cost value basis. The cost shall be consistent with the total replacement cost of all insurable Work of the Project included within the Contract Documents. Coverage is to insure against all risks of accidental physical loss and shall include without limitation the perils of vandalism and/or malicious mischief (both without any limitation regarding vacancy or occupancy), sprinkler leakage, civil authority, sonic disturbance, earthquake, flood, collapse, wind, fire, war, terrorism, lightning, smoke, and rioting. Coverage shall include debris removal, demolition, increased costs due to enforcement of all applicable ordinances and/or laws in the repair and replacement of damaged and undamaged portions of the property, and reasonable costs for the Architect’s and engineering services and expenses required as a result of any insured loss upon the Work and Project, including completed Work and Work in Progress, to the full insurable value thereof.
13.1.5 Proof of Carriage of Insurance and Other Requirements: Endorsements and Certificates.
13.1.5.1 Contractor shall not commence Work nor shall it allow any Subcontractor to commence Work under this Contract, until Contractor and its Subcontractor(s) have procured all required insurance and Contractor has delivered in duplicate to the County complete endorsements (or entire insurance policies) and certificates indicating the required coverages have been obtained, and the County has approved these documents.
13.1.5.2 Endorsements, certificates, and insurance policies shall include the following:
13.1.5.2.1 A clause stating:
“This policy shall not be amended, canceled or modified and the coverage amounts shall not be reduced until notice has been mailed to County, Architect, and Construction Manager stating date of amendment, modification, cancellation or reduction. Date of amendment, modification, cancellation or reduction may not be less than thirty (30) days after date of mailing notice.”
13.1.5.2.2 Language stating, in particular, those insured, extent of insurance, location and operation to which insurance applies, expiration date, to whom cancelation and reduction notice will be sent, and length of notice period.
13.1.5.3 All endorsements, certificates and insurance policies shall state that County, its Supervisors, employees, and agents, Construction Manager(s), and Architect(s) are named additional insureds under all policies except Workers’ Compensation Insurance and Employers’ Liability Insurance. Contractor’s and Subcontractors’ insurance policy(s) shall be primary and non-contribution to any insurance or self-insurance maintained by County, its Supervisors, employees and/or agents, Construction Manager(s), and/or Architect(s). All endorsements shall waive any right to subrogation against any of the named additional insureds.
13.1.5.4 All policies shall be written on an occurrence form.
13.2 Contract Security - Bonds
13.2.1 Contractor shall furnish two surety bonds issued by a California admitted surety insurer as follows:
13.2.1.1 Performance Bond: A bond in an amount at least equal to one hundred percent (100%) of Contract Price as security for faithful performance of this Contract.
13.2.1.2 Payment Bond: A bond in an amount at least equal to one hundred percent (100%) of the Contract Price as security for payment of persons performing labor and/or furnishing materials in connection with this Contract.
13.2.2 Cost of bonds shall be included in the Bid and Contract Price.
13.2.3 All bonds related to this Project shall be in the forms set forth in these Contract Documents and shall comply with all requirements of the Contract Documents, including, without limitation, the bond forms.
14.1 Warranty/Guarantee
14.1.1 The Contractor shall obtain and preserve for the benefit of the County, manufacturer’s warranties on materials, fixtures, and equipment incorporated into the Work.
14.1.2 In addition to guarantees required elsewhere, Contractor shall, and hereby does guarantee and warrant all Work furnished on the job against all defects for a period of TWO (2) years after the later of the following dates:
14.1.2.1 The date of completion as defined in Public Contract Code § 7107, subdivision (c),
14.1.2.2 The commissioning date for the Project, if any.
14.1.3 At the County’s sole option, Contractor shall repair or replace any and all of that Work, together with any other Work that may be displaced in so doing, that may prove defective in workmanship and/or materials within the warranty period specified in § 00 65 36 Warranty Form, from date of completion as defined above without expense whatsoever to County. In the event of failure of Contractor and/or Surety to commence and pursue with diligence said replacements or repairs within ten (10) days after being notified in writing, including by e-mail, Contractor and Surety hereby acknowledge and agree that County is authorized to proceed to have defects repaired and made good at expense of Contractor and/or Surety who hereby agree to pay costs and charges therefore immediately on demand. Said notice period shall be forty-eight (48) hours for components essential to operation of the facility, including without limitation fire alarms, water, heat, security systems, and electrical systems.
14.1.4 If, in the opinion of County, defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to County or to prevent interruption of operations of County, County will attempt to give the notice required above. If Contractor or Surety cannot be contacted or does not comply with County's request for correction within a reasonable time as determined by County, County may, notwithstanding the above provision, proceed to make any and all corrections and/or provide attentions the County believes are necessary. The costs of correction or attention shall be charged against Contractor and Surety of the guarantees provided in this Article or elsewhere in this Contract.
14.1.5 The above provisions do not in any way limit the guarantees on any items for which a longer guarantee is specified or on any items for which a manufacturer gives a guarantee for a longer period. Contractor shall furnish to County all appropriate guarantee or warranty certificates as indicated in the Specifications or upon request by County.
14.1.6 Nothing herein shall limit any other rights or remedies available to County.
14.2 Indemnity
14.2.1 To the fullest extent permitted by California law, the Contractor shall indemnify, defend with legal counsel reasonably acceptable to the County, keep and hold harmless the County and its consultants, the Architect and its consultants, the Construction Manager and its consultants, separate contractors, and their respective board members, officers, representatives, contractors, agents, and employees, in both individual and official capacities (“Indemnitees”), against all suits, claims, liabilities, damages, losses, and expenses caused by, arising out of, resulting from, or incidental to, the performance of the Work under this Contract by the Contractor or its Subcontractors to the full extent allowed by the laws of the State of California, and not to any extent that would render these provisions void or unenforceable, including, without limitation, any such suit, claim, damage, loss, or expense attributable to, without limitation, bodily injury, sickness, disease, death, alleged patent violation or copyright infringement, or to injury to or destruction of tangible property (including damage to the Work itself) including the loss of use resulting therefrom, except to the extent caused solely by the negligence, or willful misconduct of the Indemnitees. The County may participate in the defense of any such claim without relieving Contractor of any obligation hereunder. This agreement and obligation of the Contractor shall not be construed to negate, abridge, or otherwise reduce any right or obligation of indemnity that would otherwise exist as to any party or person described herein. This indemnification, defense, and hold harmless obligation includes any failure or alleged failure by Contractor to comply with any provision of law or the Contract Documents, including, without limitation, any stop notice actions, or liens by the California Department of Labor Standards Enforcement. This indemnity obligation shall be for the full amount of all damage to County, including defense costs, and shall not be limited by any insurance limits.
14.2.2 The Contractor shall give prompt notice to the County in the event of any injury (including death), loss or damage included herein. Without limitation of the provisions herein, if the Contractor’s agreement to indemnify, defend, and hold harmless the Indemnitees as provided herein against liability for damage arising out of bodily injury to persons or damage to property caused by or resulting from the negligence of any of the Indemnitees shall to any extent be or be determined to be void or unenforceable, it is the intention of the parties that these circumstances shall not otherwise affect the validity or enforceability of the Contractor’s agreement to indemnify, defend, and hold harmless the rest of the Indemnitees, as provided herein, and in the case of any such suits, claims, damages, losses, or expenses caused in part by the default, negligence, or act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, and in part by any of the Indemnitees, the Contractor shall be and remain fully liable on its agreements and obligations herein to the full extent permitted by law.
14.2.3 In any and all claims against any of the Indemnitees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the Contractor’s indemnification obligation herein shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Contractor or any Subcontractor under workers’ compensation acts, disability benefit acts, or other employee benefit acts.
14.2.4 Contractor shall place in its Subcontractor agreements and cause its Subcontractors to agree to indemnities and insurance obligations in favor of County and other Indemnities in the exact form and substance of those contained in these General Conditions (00 72 13). Contractor shall require all Subcontractors to comply with all indemnification and insurance requirements of this agreement. Contractor shall verify Subcontractor’s compliance.
15.1 Notice to Proceed
15.1.1 County may issue a Notice to Proceed within ninety (90) days from the date of the Notice of Award. Once Contractor has received the Notice to Proceed, Contractor shall complete the Work within the period of time indicated in the Contract Documents.
15.1.2 In the event that the County desires to postpone issuing the Notice to Proceed beyond this 90-day period period, it is expressly understood that with reasonable notice to the Contractor, the County may postpone issuing the Notice to Proceed. It is further expressly understood by Contractor that Contractor shall not be entitled to any claim of additional compensation as a result of the postponement of the issuance of the Notice to Proceed.
15.1.3 If the Contractor believes that a postponement of issuance of the Notice to Proceed will cause a hardship to Contractor, Contractor may terminate the Contract. Contractor’s termination due to a postponement shall be by written notice to County within ten (10) days after receipt by Contractor of County's notice of postponement. It is further understood by Contractor that in the event that Contractor terminates the Contract as a result of postponement by the County, the County shall only be obligated to pay Contractor for the Work that Contractor had performed at the time of notification of postponement. Should Contractor terminate the Contract as a result of a notice of postponement, County shall have the authority to award the Contract to the next lowest responsive, responsible bidder.
15.2 Computation of Time / Adverse Weather
15.2.1 The Contractor will only be allowed a time extension for Adverse Weather conditions if requested by Contractor and only if all of the following conditions are met:
15.2.1.1 The weather conditions constitute Adverse Weather, as defined herein and further specified in the Special Conditions;
15.2.1.2 Contractor can verify that the Adverse Weather caused delays in excess of seventy-five percent (75%) for at least five hours, of the normal labor and equipment force toward completion of the day’s current controlling item(s) on the latest accepted schedule;
15.2.1.3 The Contractor’s crew is dismissed as a result of the Adverse Weather; and
15.2.1.4 The number of days of delay for the month exceeds those indicated in the Special Conditions.
15.2.2 A day-for-day extension will only be allowed for those days in excess of those indicated in the Special Conditions. Weather delay time extensions to the contract period will be non-compensable.
15.2.3 The Contractor shall work seven (7) days per week, if necessary, irrespective of inclement weather, to maintain access and the Construction Schedule, and to protect the Work under construction from the effects of Adverse Weather, all at no further cost to the County.
15.2.4 The Contract Time has been determined with consideration given to the average climate weather conditions prevailing in the County in which the Project is located.
15.3 Hours of Work
15.3.1 Sufficient Forces
Contractor and Subcontractors shall continuously furnish sufficient forces to ensure the prosecution of the Work in accordance with the Construction Schedule.
15.3.2 Performance During Working Hours
Work shall be performed during regular working hours as permitted by the appropriate governmental agency except that in the event of an emergency, or when required to complete the Work in accordance with job progress, Work may be performed outside of regular working hours with the advance written consent of the County and approval of any required governmental agencies.
15.4 Progress and Completion
15.4.1 Time of the Essence
Time limits stated in the Contract Documents are of the essence to the Contract. By executing the Agreement, the Contractor confirms that the Contract Time is a reasonable period for performing the Work.
15.4.2 No Commencement Without Insurance
The Contractor shall not commence operations on the Project or elsewhere prior to the effective date of insurance and bonds. The date of commencement of the Work shall not be changed by the effective date of such insurance. If Contractor commences Work without insurance and bonds, all Work is performed at Contractor’s peril and shall not be compensable until and unless Contractor secures bonds and insurance pursuant to the terms of the Contract Documents and subject to County claim for damages.
15.5 Expeditious Completion
The Contractor shall proceed expeditiously with adequate forces and shall achieve Completion within the Contract Time.
16.1 Liquidated Damages
Contractor and County hereby agree that the exact amount of damages for failure to complete the Work within the time specified is extremely difficult or impossible to determine. If the Work is not completed within the time specified in the Contract Documents, it is understood that the County will suffer damage. It being impractical and unfeasible to determine the amount of actual damage, it is agreed the Contractor shall pay to County as fixed and liquidated damages, and not as a penalty, the amount set forth in the Agreement for each calendar day of delay in completion. Contractor and its Surety shall be liable for the amount thereof pursuant to Government Code § 53069.85.
16.2 Excusable Delay
16.2.1 Contractor shall not be charged for liquidated damages because of any delays in completion of Work which are not the fault of Contractor or its Subcontractors, including acts of God as defined in Public Contract Code § 7105, acts of enemy, epidemics, and quarantine restrictions. Contractor shall, within five (5) calendar days of beginning of any delay, notify County in writing of causes of delay including documentation and facts explaining the delay. County shall review the facts and extent of any delay and shall grant extension(s) of time for completing Work when, in its judgment, the findings of fact justify an extension. Extension(s) of time shall apply only to that portion of Work affected by delay, and shall not apply to other portions of Work not so affected. An extension of time may only be granted if Contractor has timely submitted the Construction Schedule as required herein.
16.2.2 Contractor shall notify the County pursuant to the claims provisions in these General Conditions of any anticipated delay and its cause. Following submission of a claim, the County may determine whether the delay is to be considered avoidable or unavoidable, how long it continues, and to what extent the prosecution and completion of the Work might be delayed thereby.
16.2.3 In the event the Contractor requests an extension of Contract Time for unavoidable delay, such request shall be submitted in accordance with the provisions in the Contract Documents governing changes in Work. When requesting time, requests must be submitted with full justification and documentation. If the Contractor fails to submit justification, it waives its right to a time extension at a later date. Such justification must be based on the official Construction Schedule as updated at the time of occurrence of the delay or execution of Work related to any changes to the Scope of Work. Any claim for delay must include the following information as support, without limitation:
16.2.3.1 The duration of the activity relating to the changes in the Work and the resources (manpower, equipment, material, etc.) required to perform the activities within the stated duration.
16.2.3.2 Specific logical ties to the Contract Schedule for the proposed changes and/or delay showing the activity/activities in the Construction Schedule that are affected by the change and/or delay.
16.2.3.3 A recovery schedule must be submitted.
16.3 No Additional Compensation for Delays Within Contractor’s Control
16.3.1 Contractor is aware that governmental agencies, including, without limitation, the Department of General Services, gas companies, electrical utility companies, water companies, and other agencies may have to approve Contractor-prepared drawings or approve a proposed installation. Accordingly, Contractor shall include in its bid, time for possible review of its drawings and for reasonable delays and damages that may be caused by such agencies. Thus, Contractor is not entitled to make a claim for damages or delays arising from the review of Contractor’s drawings.
16.3.2 Contractor shall only be entitled to compensation for delay when all of the following conditions are met:
16.3.2.1 The County is responsible for the delay;
16.3.2.2 The delay is unreasonable under the circumstances involved;
16.3.2.3 The delay was not within the contemplation of County and Contractor; and
16.3.2.4 Contractor complies with the claims procedure of the Contract Documents.
16.4 Float or Slack in the Schedule
Float or slack is the amount of time between the early start date and the late start date, or the early finish date and the late finish date, of any of the activities in the schedule. Float or slack is not for the exclusive use of or benefit of either the County or the Contractor, but its use shall be determined solely by the County.
17.1 No Changes Without Authorization
17.1.1 There shall be no change whatsoever in the Drawings, Specifications, or in the Work without an executed Change Order or a written Construction Change Directive authorized by the County as herein provided. County shall not be liable for the cost of any extra work or any substitutions, changes, additions, omissions, or deviations from the Drawings and Specifications unless the County's governing board has authorized the same and the cost thereof has been approved in writing by Change Order or Construction Change Directive. No extension of time for performance of the Work shall be allowed hereunder unless claim for such extension is made at the time changes in the Work are ordered, and such time duly adjusted in writing in the Change Order or Construction Change Directive. The provisions of the Contract Documents shall apply to all such changes, additions, and omissions with the same effect as if originally embodied in the Drawings and Specifications.
17.1.2 Contractor shall perform immediately all work that has been authorized by a fully executed Change Order or Construction Change Directive. Contractor shall be fully responsible for any and all delays and/or expenses caused by Contractor's failure to expeditiously perform this Work.
17.1.3 Should any Change Order result in an increase in the Contract Price, the cost of that Change Order shall be agreed to, in writing, in advance by Contractor and County and be subject to the monetary limitations set forth in Public Contract Code § 20137. In the event that Contractor proceeds with any change in Work without a Change Order executed by the County or Construction Change Directive, Contractor waives any claim for additional compensation or time for that additional work.
17.1.4 Contractor understands, acknowledges, and agrees that the reason for County authorization is so that County may have an opportunity to analyze the Work and decide whether the County shall proceed with the Change Order or alter the Project so that a change in Work becomes unnecessary.
17.2 Architect Authority to Order Minor Changes
The Architect will have authority to order minor changes in the Work not involving any adjustment in the Contract Price, or an extension of the Contract Time, or a change that is inconsistent with the intent of the Contract Documents. These changes shall be effected by written Change Order, Construction Change Directive, or by Architect’s response(s) to RFI(s).
17.3 Change Orders
17.3.1 A Change Order is a written instrument prepared and issued by the County and/or the Architect and signed by the County (as authorized by the County's Board of Supervisors), the Contractor, and the Architect, stating their agreement regarding all of the following:
17.3.1.1 A description of a change in the Work;
17.3.1.2 The amount of the adjustment in the Contract Price, if any; and
17.3.1.3 The extent of the adjustment in the Contract Time, if any.
17.4 Construction Change Directives
17.4.1 A Construction Change Directive is a written order prepared and issued by the County, the Construction Manager, and/or the Architect and signed by the County and the Architect, directing a change in the Work. The County may as provided by law, by Construction Change Directive and without invalidating the Contract, order changes in the Work consisting of additions, deletions, or other revisions. Any dispute as to the sum of the Construction Change Directive or timing of payment shall be resolved pursuant to the Payment and Claims and Disputes provisions herein.
17.4.2 The County may issue a Construction Change Directive in the absence of agreement on the terms of a Change Order.
17.5 Force Account Directives
17.5.1 When work, for which a definite price has not been agreed upon in advance, is to be paid for on a force account basis, all direct costs necessarily incurred and paid by the Contractor for labor, material, and equipment used in the performance of that Work, shall be subject to the approval of the County and compensation will be determined as set forth herein.
17.5.2 The County will issue a Force Account Directive to proceed with the Work on a force account basis, and a not-to-exceed budget will be established by the County.
17.5.3 All requirements regarding direct cost for labor, labor burden, material, equipment, and markups on direct costs for overhead and profit described in this section shall apply to Force Account Directives. However, the County will only pay for actual costs verified in the field by the County or its authorized representative(s) on a daily basis.
17.5.4 The Contractor shall be responsible for all cost related to the administration of Force Account Directive. The markup for overhead and profit for Contractor modifications shall be full compensation to the Contractor to administer Force Account Directive.
17.5.5 The Contractor shall notify the County or its authorized representative(s) at least twenty-four (24) hours prior to proceeding with any of the force account work. Furthermore, the Contractor shall notify the County when it has consumed eighty percent (80%) of the budget and shall not exceed the budget unless specifically authorized in writing by the County. The Contractor will not be compensated for force account work in the event that the Contractor fails to timely notify the County regarding the commencement of force account work, or exceeding the force account budget.
17.5.6 The Contractor shall diligently proceed with the work, and on a daily basis, submit a daily force account report on a form supplied by the County no later than 5:00 p.m. each day. The report shall contain a detailed itemization of the daily labor, material, and equipment used on the force account work only. The names of the individuals performing the force account work shall be included in the daily force account reports. The type and model of equipment shall be identified and listed. The County will review the information contained in the reports, and sign the reports no later than the next work day, and return a copy of the report to the Contractor for their records. The County will not sign, nor will the Contractor receive compensation for work the County cannot verify. The Contractor will provide a weekly force account summary indicating the status of each Force Account Directive in terms of percent complete of the not-to-exceed budget and the estimated percent complete of the work.
17.5.7 In the event the Contractor and the County reach a written agreement on a set cost for the work while the work is proceeding based on a Force Account Directive, the Contractor’s signed daily force account reports shall be discontinued, and all previously signed reports shall be invalid.
17.6 Price Request
17.6.1 Definition of Price Request
A Price Request (“PR”) is a written request prepared by the Architect requesting the Contractor to submit to the County and the Architect an estimate of the effect of a proposed change in the Work on the Contract Price and the Contract Time.
17.6.2 Scope of Price Request
A Price Request shall contain adequate information, including any necessary Drawings and Specifications, to enable Contractor to provide the cost breakdowns required herein. The Contractor shall not be entitled to any additional compensation for preparing a response to a Price Request, whether ultimately accepted or not.
17.7 Proposed Change Order
17.7.1 Definition of Proposed Change Order
A Proposed Change Order (“PCO”) is a written request prepared by the Contractor requesting that the County and the Architect issue a Change Order based upon a proposed change to the Work.
17.7.2 Changes in Contract Price
A PCO shall include breakdowns pursuant to the revisions herein to validate any change in Contract Price.
17.7.3 Changes in Time
A PCO shall also include any changes in time required to complete the Project. Any additional time requested shall not be the number of days to make the proposed change, but must be based upon the impact to the Construction Schedule as defined in the Contract Documents. If Contractor fails to request a time extension in a PCO, then the Contractor is thereafter precluded from requesting time and/or claiming a delay.
17.7.4 Unknown and/or Unforeseen Conditions
If Contractor submits a PCO requesting an increase in Contract Price and/or Contract Time that is based at least partially on Contractor’s assertion that Contractor has encountered unknown and/or unforeseen condition(s) on the Project, then Contractor shall base the PCO on provable information that, beyond a reasonable doubt and to the County’s satisfaction, demonstrates that the unknown and/or unforeseen condition(s) were actually unknown and/or unforeseen and that the condition(s) were reasonably unknown and/or unforeseen. If not, the County shall deny the PCO and the Contractor shall complete the Project without any increase in Contract Price and/or Contract Time based on that PCO.
17.8 Format for Proposed Change
17.8.1 The following format shall be used as applicable by the County and the Contractor (e.g. Change Orders, PCO’s) to communicate proposed additions and deductions to the Contract, supported by attached documentation. In no case shall the Contractor’s total mark-up exceed 26.5%.
| SUBCONTRACTOR PERFORMED WORK | ADD | DEDUCT | |
| (a) | Material (attach itemized quantity and unit cost plus sales tax) | ||
| (b) | Add Labor (attach itemized hours and rates, fully encumbered) | ||
| (c) | Add Equipment (attach suppliers' invoice) | ||
| (d) | Subtotal | ||
| (e) | Add Subcontractor's overhead and profit, not to exceed ten percent (10%) of item (d) | ||
| (f) | Subtotal | ||
| (g) | Add Contractor's overhead and profit, not to exceed ten percent (10%) of Item (f) | ||
| (h) | Subtotal | ||
| (i) | Add Bond and Insurance, not to exceed one percent (1%) of Item (h) | ||
| (j) | TOTAL | ||
| (k) | Time | Days | |
| CONTRACTOR PERFORMED WORK | ADD | DEDUCT | |
| (a) | Material (attach itemized quantity and unit cost plus sales tax) | ||
| (b) | Add Labor (attach itemized hours and rates, fully encumbered) | ||
| (c) | Add Equipment (attach suppliers' invoice) | ||
| (d) | Subtotal | ||
| (e) | Add Contractor's overhead and profit, not to exceed ten percent (10%) of item (d) | ||
| (f) | Subtotal | ||
| (g) | Add Bond and Insurance, not to exceed one percent (1%) of Item (f) | ||
| (h) | TOTAL | ||
| (i) | Time | Days | |
17.9 Change Order Certification
17.9.1 All Change Orders and PCOs must include the following certification by the Contractor:
17.9.1.1 The undersigned Contractor approves the foregoing as to the changes, if any, and the Contract Price specified for each item and as to the extension of time allowed, if any, for completion of the entire Work as stated herein, and agrees to furnish all labor, materials, and service, and perform all work necessary to complete any additional work specified for the consideration stated herein. Submission of sums which have no basis in fact or which Contractor knows are false are at the sole risk of Contractor and may be a violation of the False Claims Act set forth under Government Code § 12650 et seq. It is understood that the changes herein to the Contract shall only be effective when approved by the Board of Supervisors.
17.9.1.2 It is expressly understood that the value of the extra Work or changes expressly includes any and all of the Contractor’s costs and expenses, both direct and indirect, resulting from additional time required on the Project or resulting from delay to the Project. Any costs, expenses, damages, or time extensions not included are deemed waived.
17.10 Determination of Change Order Cost
The amount of the increase or decrease in the Contract Price from a Change Order, if any, shall be determined by one or more of the following ways as applicable to a specific situation and at the County's discretion:
17.10.1 County acceptance of a PCO;
17.10.2 By unit prices contained in Contractor’s original bid;
17.10.3 By agreement between County and Contractor.
17.11 Allowable Costs
Allowable costs for any change order shall be limited to the following:
17.11.1 Costs of labor, including social security, Medicare, and unemployment insurance, fringe benefits required workers’ compensation insurance.
17.11.2 Costs of first line supervision labor, including labor burden as described in paragraph 1. “First-Line Supervision” shall mean a working foreman or lead craft worker other than the project superintendent;
17.11.3 Actual costs of the project superintendent associated with any period of compensable delay caused by issuance of the change order. In the absence of a compensable delay, all of the project superintendent’s time is considered to have been paid for as part of the overhead;
17.11.4 Actual costs of materials, including sales tax and delivery;
17.11.5 Rental costs of machinery and equipment, exclusive of small tools, whether rented from the Contractor or others. For Contractor and Subcontractor-owned equipment, payment will be made at rental rates listed for equipment in California Department of Transportation official equipment rental rate schedule. For rental equipment, payment will be made based on actual rental invoices. 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;
17.11.6 Overhead and Profit as specified below. “Overhead” shall include the following:
17.11.6.1 Preparation of all paperwork related to changes in the Work, including field review, estimating and cost breakdown; coordination and supervision, both office and field, including the project superintendent; vehicles including has and maintenance; small tools, incidentals and consumables; engineering, detailing, and revisions to shop drawings and as-built drawings; general office expense; extended and unabsorbed home office overhead; warranty, all taxes; and all other expenses not specifically described in items 17.11.1 through 17.11.5.
17.11.6.2 The actual costs of insurance premiums required by this contract and associated with the change order work will be reimbursed by the County
17.11.7 Upon receipt of a PCO/Change Directive, the Contractor shall promptly proceed with the change in the Work involved and advise the Construction Manager within seven (7) calendar days of the Contractor’s agreement or disagreement with the method, if any, provided in the PCO/Change Directive for determining the proposed adjustment in the Contract Sum or Contract Time.
17.11.8 Failure to respond to and return a PCO/Change Directive to the County within (7) days indicates the Contractor’s agreement therewith, including adjustment in Contract Sum and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order.
17.12 Deductive Change Orders
All deductive Change Order(s) must be prepared pursuant to the provisions herein. If Contractor offers a proposed amount for a Deductive Change Order(s), Contractor shall include a minimum of five percent (5%) total profit and overhead to be deducted with the amount of the work of the Change Order(s). If Subcontractor work is involved, Subcontractors shall also include a minimum of five percent (5%) profit and overhead to be deducted with the amount of its deducted work. Any deviation from this provision shall not be allowed.
17.13 Discounts, Rebates, and Refunds
For purposes of determining the cost, if any, of any change, addition, or omission to the Work hereunder, all trade discounts, rebates, refunds, and all returns from the sale of surplus materials and equipment shall accrue and be credited to the Contractor, and the Contractor shall make provisions so that such discounts, rebates, refunds, and returns may be secured, and the amount thereof shall be allowed as a reduction in the Contractor’s cost in determining the actual cost of construction for purposes of any change, addition, or omission in the Work as provided herein.
17.14 Accounting Records
With respect to portions of the Work performed by Change Orders and Construction Change Directives, the Contractor shall keep and maintain cost-accounting records satisfactory to the County, which shall be available to the County on the same terms as any other books and records the Contractor is required to maintain under the Contract Documents.
17.15 Notice Required
If the Contractor desires to make a claim for an increase in the Contract Price or any extension of the Contract Time for completion, it shall notify the County pursuant to the provisions herein. No claim shall be considered unless made in accordance with this subparagraph. Contractor shall proceed to execute the Work, even though, the adjustment may not have been agreed upon. Any change in the Contract Price or extension of the Contract Time resulting from such claim shall be authorized by a Change Order.
17.16 Applicability to Subcontractors
Any requirements under this Article shall be equally applicable to Change Orders, or Construction Change Directives issued to Subcontractors by the Contractor to the extent as required by the Contract Documents.
17.17 Alteration to Change Order Language
Contractor shall not alter Change Orders or reserve time in Change Orders. Contractor shall execute finalized Change Orders and proceed under the provisions herein with proper notice.
17.18 Failure of Contractor to Execute Change Order
Contractor shall be in default of the Contract if Contractor fails to execute a Change Order when the Contractor agrees with the addition and/or deletion of the Work in that Change Order.
18.1 Contractor
The Contractor shall coordinate the Work so that dimensions are verified, and clarifications that may affect the work are identified to allow for resolution without delaying the Work. The Contractor is responsible to submit a Request for Information as soon as the issue requiring clarification is identified. The Contractor shall be responsible for any delay in the construction progress due to any untimely submission of a Request for Information for A/E’s review. Non-receipt of a Request for Information, or proceeding with Work pertaining to the Request for Information shall be construed as relieving the County of any Claim for added cost or extension of time.
18.2 Reference Contract Documents
Any Request for Information shall reference all applicable Contract Document(s), including Specification section(s), detail(s), page number(s), drawing number(s), and sheet number(s), etc. The Contractor shall make suggestions and interpretations of the issue raised by each Request for Information. A Request for Information cannot modify the Contract Price, Contract Time, or the Contract Documents.
18.3 Contractor Responsible For Costs
Contractor shall be responsible for any costs incurred for professional services which County may deduct from any amounts owing to the Contractor if a Request for Information requests an interpretation or decision of a matter where the information sought is equally available to the party making the request. County, at its sole discretion, shall deduct from and/or invoice Contractor for all the professional services arising herein.
19.1 Contract Price
The Contract Price is stated in the Agreement and, including authorized adjustments, is the total amount payable by the County to the Contractor for performance of the Work under the Contract Documents.
19.2 Applications for Progress Payments
19.2.1 Procedures for Applications for Progress Payments
19.2.1.1 Not before the fifth (5th) day of each calendar month during the progress of the Work, Contractor shall submit to the County and the Architect an itemized Application for Payment for operations completed in accordance with the Schedule of Values. Such application shall be notarized, if required and supported by the following or each portion thereof unless waived by the County in writing:
19.2.1.1.1 The amount paid to the date of the Application to the Contractor, to all its Subcontractors, and all others furnishing labor, material, or equipment for its Contract;
19.2.1.1.2 The amount being requested under the Application for Payment by the Contractor on its own behalf and separately stating the amount requested on behalf of each of the Subcontractors and all others furnishing labor, material, and equipment under the Contract;
19.2.1.1.3 The balance that will be due to each of such entities after said payment is made;
19.2.1.1.4 A certification that the Record Drawings and annotated Specifications are current;
19.2.1.1.5 Itemized breakdown of work done for the purpose of requesting partial payment;
19.2.1.1.6 An updated and acceptable construction schedule in conformance with § 10.1 above;
19.2.1.1.7 The additions to and subtractions from the Contract Price and Contract Time;
19.2.1.1.8 A total of the retentions held;
19.2.1.1.9 Material invoices, evidence of equipment purchases, rentals, and other support and details of cost as the County may require from time to time;
19.2.1.1.10 The percentage of completion of the Contractor’s Work by line item;
19.2.1.1.11 Schedule of Values updated from the preceding Application for Payment;
19.2.1.1.12 A duly completed and executed conditional waiver and release upon progress payment compliant with Civil Code § 8132 from the Contractor and each subcontractor of any tier and supplier to be paid from the current progress payment;
19.2.1.1.13 A duly completed and executed unconditional waiver and release upon progress payment compliant with Civil Code § 8134 from the Contractor and each subcontractor of any tier and supplier that was paid from the previous progress payment; and
19.2.1.1.14 A certification by the Contractor of the following:
The Contractor warrants title to all Work performed as of the date of this payment application. The Contractor further warrants that all Work performed as of the date of this payment application is free and clear of liens, claims, security interests, or encumbrances in favor of the Contractor, Subcontractors, material and equipment suppliers, workers, or other persons or entities making a claim by reason of having provided labor, materials, and equipment relating to the Work, except those of which the County has been informed.
19.2.2 The Contractor shall be subject to the False Claims Act set forth under Government Code § 12650 et seq., for information provided with any Application for Progress Payment.
19.2.3 Prerequisites for Progress Payments
19.2.3.1 First Payment Request: The following items, if applicable, must be completed before the County will accept and/or process the Contractor's first payment request:
19.2.3.1.1 Installation of the Project sign;
19.2.3.1.2 Installation of field office;
19.2.3.1.3 Installation of temporary facilities and fencing;
19.2.3.1.4 Schedule of Values;
19.2.3.1.5 Contractor’s Construction Schedule in conformance with § 10.1.1.1 above;
19.2.3.1.6 Schedule of unit prices, if applicable;
19.2.3.1.7 Submittal Schedule;
19.2.3.1.8 Receipt by Architect of all submittals due as of the date of the payment application;
19.2.3.1.9 Copies of necessary permits;
19.2.3.1.10 Copies of authorizations and licenses from governing authorities;
19.2.3.1.11 Initial progress report;
19.2.3.1.12 Surveyor qualifications;
19.2.3.1.13 Written acceptance of County's survey of rough grading, if applicable;
19.2.3.1.14 List of all Subcontractors, with names, license numbers, telephone numbers, and Scope of Work;
19.2.3.1.15 All bonds and insurance endorsements;
19.2.3.1.16 Resumes of Contractor’s project manager, and if applicable, job site secretary, record documents recorder, and job site superintendent; and
19.2.3.1.17 Safety plan.
19.2.3.2 Second Payment Request. The County will not process the second payment request until and unless all submittals and Shop Drawings have been accepted for review by the Architect, and Contractor’s Schedule has been accepted as in compliance with § 10.1.1.1 above.
19.2.3.3 No Waiver of Criteria. Any payments made to Contractor where criteria set forth herein have not been met shall not constitute a waiver of said criteria by County. Instead, such payment shall be construed as a good faith effort by County to resolve differences so Contractor may pay its Subcontractors and suppliers. Contractor agrees that failure to submit such items may constitute a breach of contract by Contractor and may subject Contractor to termination.
19.3 Progress Payments
19.3.1 County’s Approval of Application for Payment
19.3.1.1 Upon receipt of an Application for Payment, the County shall act in accordance with both of the following:
19.3.1.1.1 Each Application for Payment shall be reviewed by the County as soon as practicable after receipt for the purpose of determining that the Application for Payment is a proper Application for Payment.
19.3.1.1.2 Any Application for Payment determined not to be a proper Application for Payment suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) calendar days, after receipt. An Application for Payment returned pursuant to this paragraph shall be accompanied by a document setting forth in writing, including by e-mail, the reasons why the Application for Payment is not proper. The number of days available to the County to make a payment without incurring interest pursuant to this section shall be reduced by the number of days by which the County exceeds this seven-day return requirement.
19.3.1.1.3 An Application for Payment shall be considered properly executed if funds are available for payment of the Application for Payment, and payment is not delayed due to an audit inquiry by the financial officer of the County.
19.3.1.2 The County’s review of the Contractor’s Application for Payment will be based on the County’s and the Architect’s observations at the Site and the data comprising the Application for Payment that the Work has progressed to the point indicated and that, to the best of the County’s and the Architect’s knowledge, information, and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to:
19.3.1.2.1 Observation of the Work for general conformance with the Contract Documents,
19.3.1.2.2 Results of subsequent tests and inspections,
19.3.1.2.3 Minor deviations from the Contract Documents correctable prior to completion, and
19.3.1.2.4 Specific qualifications expressed by the Architect.
19.3.1.3 County’s approval of the certified Application for Payment shall be based on Contractor complying with all requirements for a fully complete and valid certified Application for Payment.
19.3.2 Payments to Contractor
19.3.2.1 Within thirty (30) days after approval of the Application for Payment, Contractor shall be paid a sum equal to ninety five percent (95%) of the value of the Work performed (as verified by Architect and certified by Contractor) up to the last day of the previous month, less the aggregate of previous payments and amount to be withheld. The value of the Work completed shall be Contractor’s best estimate. No inaccuracy or error in said estimate shall operate to release the Contractor, or any Surety upon any bond, from damages arising from such Work, or from the County's right to enforce each and every provision of this Contract, and the County shall have the right subsequently to correct any error made in any estimate for payment.
19.3.2.2 The Contractor shall not be entitled to have any payment requests processed, or be entitled to have any payment made for Work performed, so long as any lawful or proper direction given by the County concerning the Work or any portion thereof remains incomplete.
19.3.2.3 If the County fails to make any progress payment within thirty (30) days after receipt of an undisputed and properly submitted Application for Payment by the Contractor, the County shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of § 685.010 of the Code of Civil Procedure.
19.3.3 No Waiver
No payment by County hereunder shall be interpreted so as to imply that County has inspected, approved, or accepted any part of the Work. Notwithstanding any payment, the County may enforce each and every provision of this Contract. The County may correct or require correction of any error subsequent to any payment.
19.3.4 Removal of Liens
19.3.4.1 If a lien or a claim based on a stop notice of any nature should at any time be filed against the Work or any County property, by any entity that has supplied material or services at the request of the Contractor, Contractor and Contractor’s Surety shall promptly, on demand by County and at Contractor’s and Surety’s own expense, take any and all action necessary to cause any such lien or a claim based on a stop notice to be released or discharged immediately therefrom.
19.3.4.2 If the Contractor fails to furnish to the County within ten (10) calendar days after demand by the County, satisfactory evidence that a lien or a claim based on a stop notice has been so released, discharged, or secured, the County may discharge such indebtedness and deduct the amount required therefor, together with any and all losses, costs, damages, and attorney’s fees and expense incurred or suffered by County from any sum payable to Contractor under the Contract.
19.4 Decisions to Withhold Payment
19.4.1 Reasons to Withhold Payment
The County may withhold payment in whole, or in part, to the extent reasonably necessary to protect the County if, in the County's opinion, the representations to the County required herein cannot be made. The County may withhold payment, in whole, or in part, to such extent as may be necessary to protect the County from loss because of, but not limited to:
19.4.1.1 Defective Work not remedied within the time frames noted in § 14 hereof of written notice to Contractor;
19.4.1.2 Stop Notices, or other liens served upon the County as a result of the Contract;
19.4.1.3 Liquidated damages assessed against the Contractor;
19.4.1.4 The cost of completion of the Contract, if there exists reasonable doubt that the Work can be completed for the unpaid balance of the Contract Price or by the completion date;
19.4.1.5 Damage to the County or other contractor(s);
19.4.1.6 Unsatisfactory prosecution of the Work by the Contractor;
19.4.1.7 Failure to store and properly secure materials;
19.4.1.8 Failure of the Contractor to submit, on a timely basis, proper, sufficient, and acceptable documentation required by the Contract Documents, including, without limitation, a Construction Schedule, Schedule of Submittals, Schedule of Values, Monthly Progress Schedules, Shop Drawings, Product Data and Samples, Proposed product lists, executed Change Orders, and/or properly completed Elation updates;
19.4.1.9 Failure of the Contractor to maintain Record Drawings;
19.4.1.10 Erroneous estimates by the Contractor of the value of the Work performed, or other false statements in an Application for Payment;
19.4.1.11 Unauthorized deviations from the Contract Documents;
19.4.1.12 Failure of the Contractor to prosecute the Work in a timely manner in compliance with the Construction Schedule established progress schedules, and/or completion dates;
19.4.1.13 Failure to properly pay prevailing wages as defined in Labor Code § 1720 et seq., and/or failure to comply with any other Labor Code requirements,
19.4.1.14 Failure to properly maintain or clean up the Site;
19.4.1.15 Payments to indemnify, defend, or hold harmless the County;
19.4.1.16 Any payments due to the County, including but not limited to payments for failed tests, utility changes or permits;
19.4.1.17 Failure to pay Subcontractor(s) or supplier(s) as required by law and by the Contract Documents;
19.4.1.18 Contractor is otherwise in breach, default, or in substantial violation of any provision of this Contract.
19.4.2 Reallocation of Withheld Amounts
19.4.2.1 County may, at its discretion, apply any withheld amount to pay outstanding claims or obligations as defined herein. In so doing, County shall make such payments on behalf of Contractor. If any payment is so made by County, then that amount shall be considered a payment made under Contract by County to Contractor and County shall not be liable to Contractor for any payment made in good faith. These payments may be made without prior judicial determination of claim or obligation. County will render Contractor an accounting of funds disbursed on behalf of Contractor.
19.4.2.2 If Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision thereof, County may, after FORTY-EIGHT (48) hours written notice to the Contractor and, without prejudice to any other remedy, make good such deficiencies. The County shall adjust the total Contract Price by reducing the amount thereof by the cost of making good such deficiencies. If County deems it inexpedient to correct Work that is damaged, defective, or not done in accordance with Contract provisions, an equitable reduction in the Contract Price (of at least one hundred twenty-five percent (125%) of the estimated reasonable value of the nonconforming Work) shall be made therefor.
19.4.3 Payment After Cure
When Contractor removes the grounds for declining approval, payment shall be made for amounts withheld because of them. No interest shall be paid on any retainage or amounts withheld due to the failure of the Contractor to perform in accordance with the terms and conditions of the Contract Documents.
19.5 Subcontractor Payments
19.5.1 Payments to Subcontractors
No later than seven (7) days after receipt, or pursuant to Business and Professions Code § 7108.5 and Public Contract Code § 7107, the Contractor shall pay to each Subcontractor, out of the amount paid to the Contractor on account of such Subcontractor’s portion of the Work, the amount to which said Subcontractor is entitled. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to its Sub-subcontractors in a similar manner.
19.5.2 No Obligation of County for Subcontractor Payment
The County shall have no obligation to pay or to see to the payment of, money to a Subcontractor except as may otherwise be required by law.
19.5.3 Joint Checks
County shall have the right in its sole discretion if necessary for the protection of the County, to issue joint checks made payable to the Contractor and Subcontractors and material or equipment suppliers. The joint check payees shall be responsible for the allocation and disbursement of funds included as part of any such joint payment. In no event shall any joint check payment be construed to create any contract between the County and a Subcontractor of any tier, any obligation from the County to such Subcontractor, or rights in such Subcontractor against the County.
20.1 Completion
20.1.1 County will accept completion of the Contract and have the Notice of Completion recorded when the entire Work shall have been completed to the satisfaction of County.
20.1.2 The Work may only be accepted as complete by action of the County Board of Supervisors.
20.1.3 County, at its sole option, may accept completion of Contract and have the Notice of Completion recorded when the entire Work shall have been completed to the satisfaction of County, except for minor corrective items, as distinguished from incomplete items. If Contractor fails to complete all minor corrective items within thirty (30) days after the date of the County's acceptance of completion, County shall withhold from the final payment one hundred fifty percent (150%) of an estimate of the amount sufficient to complete the corrective items, as determined by County, until the item(s) are completed.
20.1.4 At the end of the thirty-five (35) day period, if there are any items remaining to be corrected, County may elect to proceed as provided herein related to adjustments to Contract Price, and/or County’s right to perform the Work of the Contractor.
20.2 Close-Out Procedures
20.2.1 Punch List
The Contractor shall notify the Architect when Contractor considers the Work complete. Upon notification, Architect will prepare a list of minor items to be completed or corrected (“Punch List”). The Contractor and/or its Subcontractors shall proceed promptly to complete and correct items on the Punch List. Failure to include an item on Punch List does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.
20.2.2 Close-Out Requirements
20.2.2.1 Utility Connections
Buildings shall be connected to water, gas, sewer, and electric services, complete and ready for use. Service connections shall be made, and existing services reconnected.
20.2.2.2 Record Drawings
20.2.2.2.1 Contractor shall provide exact “as-built” Record Drawings of the Work upon completion of the Project as indicated in the Specifications.
20.2.2.2.2 Contractor is liable and responsible for any and all inaccuracies in as-built Record Drawings, even if inaccuracies become evident at a future date.
20.2.2.2.3 Upon completion of the Work and as a condition precedent to approval of final payment, Contractor shall obtain the Architect’s approval of the corrected prints and employ a competent draftsman to transfer the “as-built” information to the most current version of AutoCAD that is, at that time, currently utilized for plan check submission by either the County, the Construction Manager and/or the Architect, and submit electronic files. When completed, Contractor shall deliver corrected electronic files acceptable to County with AutoCAD file to the County.
20.2.2.2.4 Maintenance Manuals: Contractor shall prepare all operation and maintenance manuals and date as indicated in the Specifications.
20.3 Final Inspection
20.3.1 Contractor shall comply with Punch List procedures as provided herein, and maintain the presence of a Project Superintendent and Project Manager until the Punch List is complete to ensure proper and timely completion of the Punch List. Under no circumstances shall Contractor demobilize its forces prior to completion of the Punch List. Upon receipt of Contractor’s written notice that all of the Punch List items have been fully completed, and the Work is ready for final inspection and acceptance, Architect and Construction Manager will inspect the Work and shall submit to Contractor and County a final inspection report noting the Work, if any, required in order to complete in accordance with the Contract Documents. Absent unusual circumstances, this report shall consist of the Punch List items not yet satisfactorily completed.
20.3.2 Upon Contractor's completion of all items on the Punch List and any other uncompleted portions of the Work, the Contractor shall notify the County and Architect, who shall again inspect such Work. If the Architect finds the Work complete and acceptable under the Contract Documents, the Architect will notify Contractor, who shall then jointly submit to the Architect and the County its final Application for Payment.
20.3.3 Final Inspection Requirements
Before calling for final inspection, Contractor shall determine that the following have been performed:
20.3.3.1 The Work has been completed.
20.3.3.2 All life-safety items are completed and in working order.
20.3.3.3 Mechanical and Electrical Work are complete and tested, fixtures are in place, connected, and ready for tryout.
20.3.3.4 Electrical circuits scheduled in panels and disconnect switches labeled.
20.3.3.5 Painting and special finishes complete.
20.3.3.6 Doors complete with hardware, cleaned of protective film, relieved of sticking or binding, and in working order.
20.3.3.7 Tops and bottoms of doors sealed.
20.3.3.8 Floors waxed and polished as specified.
20.3.3.9 Broken glass replaced and glass cleaned.
20.3.3.10 Grounds cleared of Contractor’s equipment, raked clean of debris, and trash removed from Site.
20.3.3.11 Work cleaned, free of stains, scratches, and other foreign matter, of damaged and broken material, replaced.
20.3.3.12 Finished and decorative work shall have marks, dirt, and superfluous labels removed.
20.3.3.13 Final cleanup, as provided herein.
20.3.3.14 Any other items contained in the Scope of Work.
20.4 Costs of Multiple Inspections
More than two (2) requests of the County to make a final inspection shall be considered an additional service of County, Architect, and/or Construction Manager, and all subsequent costs will be invoiced to Contractor and if funds are available, withheld from remaining payments.
20.5 Partial Occupancy or Use Prior to Completion
20.5.1 County's Rights
The County may occupy or use any completed or partially completed portion of the Work at any stage. The County and the Contractor shall agree in writing to the responsibilities assigned to each of them for payments, security, maintenance, heat, utilities, damage to the Work, insurance, the period for correction of the Work, and the commencement of warranties required by the Contract Documents. Any dispute as to responsibilities shall be resolved pursuant to the Claims and Disputes provisions herein, with the added provision that during the dispute process, the County shall have the right to occupy or use any portion of the Work that it needs or desires to use.
20.5.2 Inspection Prior to Occupancy or Use
Immediately prior to partial occupancy or use, the County, the Contractor, and the Architect shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work.
20.5.3 No Waiver
Unless otherwise agreed upon, partial or entire occupancy or use of a portion or portions of the Work shall not constitute beneficial occupancy or acceptance of the Work not complying with the requirements of the Contract Documents.
21.1 Final Payment
Upon receipt and approval of a valid and final Application for Payment, the Architect will issue a final Certificate of Payment. The County shall thereupon jointly inspect the Work and either accept the Work as complete or notify the Architect and the Contractor in writing of reasons why the Work is not complete. Upon acceptance of the Work of the Contractor as fully complete (that, absent unusual circumstances, will occur when the Punch List items have been satisfactorily completed), the County shall record a Notice of Completion with the County Recorder, and the Contractor shall, upon receipt of final payment from the County, pay the amount, due Subcontractors.
21.2 Prerequisites for Final Payment
The following conditions must be fulfilled prior to Final Payment:
21.2.1 A full and final waiver or release of all Stop Notices in connection with the Work shall be submitted by Contractor, including a release of Stop Notice in recordable form, together with (to the extent permitted by law) a copy of the full and final release of all Stop Notice rights.
21.2.1.1 A duly completed and executed conditional waiver and release upon final payment compliant with Civil Code § 8136 from the Contractor and each subcontractor of any tier and supplier to be paid from the current progress payment;
21.2.1.2 A duly completed and executed unconditional waiver and release upon progress payment compliant with Civil Code § 8134 from the Contractor and each subcontractor of any tier and supplier that was paid from the previous progress payment; and
21.2.1.3 The Contractor shall have made all corrections to the Work that are required to remedy any defects therein, to obtain compliance with the Contract Documents or any requirements of applicable codes and ordinances, or to fulfill any of the orders or directions of County required under the Contract Documents.
21.2.2 Each Subcontractor shall have delivered to the Contractor all written guarantees, warranties, applications, and bonds required by the Contract Documents for its portion of the Work.
21.2.3 Contractor must have completed all requirements set forth under “Close-Out Procedures,” Including, without limitation, an approved set of complete “as-built” Record Drawings.
21.2.4 Architect shall have issued its written approval that final payment can be made.
21.2.5 The Contractor shall have delivered to the County all manuals and materials required by the Contract Documents.
21.2.6 The Contractor shall have completed final clean up as provided herein.
21.3 Retention
21.3.1 The retention, less any amounts disputed by the County or that the County has the right to withhold pursuant to provisions herein, shall be paid:
21.3.1.1 After approval of the County by the Architect’s Certificate of Payment,
21.3.1.2 After the satisfaction of the conditions set forth herein, and
21.3.1.3 After thirty-five (35) days after the recording of the Notice of Completion by County.
21.3.2 No interest shall be paid on any retention, or on any amounts withheld due to a failure of the Contractor to perform, in accordance with the terms and conditions of the Contract Documents, except as provided to the contrary in any Escrow Agreement between the County and the Contractor pursuant to Public Contract Code § 22300.
21.4 Substitution of Securities
The County will permit the substitution of securities in accordance with the provisions of Public Contract Code § 22300.
If a portion of the Work is covered without Architect approval or not in compliance with the Contract Documents, it must, if required in writing, including by email, by the County or the Architect, be uncovered for the Architect’s observation and be replaced at the Contractor’s expense without change in the Contract Price or Contract Time.
If a portion of the Work has been covered, which the Project Inspector or the Architect has not specifically requested to observe prior to its being covered, the County, Project Inspector, or the Architect may request to see that Work, and it shall be uncovered by the Contractor. If that Work is in accordance with the Contract Documents, costs of uncover and replacement shall, by appropriate Change Order, be charged to the County. If that Work is not in accordance with Contract Documents, the Contractor shall pay these costs unless the condition was caused by the County or a separate contractor, in which event the County shall be responsible for payment of such costs to the Contractor.
23.1 Nonconforming Work
23.1.1 Contractor shall promptly remove from Premises all Work identified by County as failing to conform to the Contract Documents whether incorporated or not. Contractor shall promptly replace and re-execute its own Work to comply with the Contract Documents without additional expense to the County and shall bear the expense of making good all work of other contractors destroyed or damaged by any removal or replacement pursuant hereto and/or any delays to the County or other Contractors caused thereby.
23.1.2 If Contractor does not remove Work that County has identified as failing to conform to the Contract Documents within a reasonable time, not to exceed FORTY-EIGHT (48) hours, County may remove it and may store any material at Contractor’s expense. If Contractor does not pay expense(s) of that removal within ten (10) days’ time thereafter, County may, upon ten (10) days’ written notice, sell any material at auction or at private sale and shall deduct all costs and expenses incurred by the County and/or County may withhold those amounts from payment(s) to Contractor.
23.2 Correction of Work
23.2.1 Correction of Rejected Work
Pursuant to the notice provisions herein, the Contractor shall promptly correct the Work rejected by the County or the Architect as failing to conform to the requirements of the Contract Documents, whether observed before or after Completion and whether or not fabricated, installed, or completed. The Contractor shall bear costs of correcting the rejected Work, including additional testing, inspections, and compensation for the Architect’s services and expenses made necessary thereby.
23.2.2 Warranty Corrections
If, within the warranty period specified in 00 65 36 Warranty Form, after the date of Completion of the Work or a designated portion thereof, or after the date of commencement of warranties established hereunder, or by the terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the County to do so. This period of two (2) years shall be extended with respect to portions of the Work first performed after Completion by the period of time between Completion and the actual performance of the Work. This obligation hereunder shall survive acceptance of the Work under the Contract and termination of the Contract. The County shall give such notice promptly after discovery of the condition.
23.3 County's Right to Perform Work
23.3.1 If the Contractor should neglect to prosecute the Work properly or fail to perform any provisions of this contract, the County, after FORTY-EIGHT (48) hours written notice to the Contractor, may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor.
23.3.2 If it is found at any time, before or after completion of the Work, that Contractor has varied from the Drawings and/or Specifications, including, but not limited to, variation in material, quality, form, or finish, or in the amount or value of the materials and labor used, County may require at its option:
23.3.2.1 That all such improper Work be removed, remade or replaced, and all work disturbed by these changes be made good by Contractor at no additional cost to the County;
23.3.2.2 That the County deduct from any amount due Contractor the sum of money equivalent to the difference in value between the work performed and that called for by the Drawings and Specifications; or
23.3.2.3 That the County exercise any other remedy it may have at law or under the Contract Documents, including but not limited to the County hiring its own forces or another contractor to replace the Contractor’s nonconforming Work, in which case the County shall either issue a Deductive Change Order, a Construction Change Directive or invoice the Contractor for the cost of that work. Contractor shall pay any invoices within thirty (30) days of receipt of same or County may withhold those amounts from payment(s) to Contractor.
24.1 County's Right to Terminate Contractor for Cause
24.1.1 Grounds for Termination.
The County, in its sole discretion, may terminate the Contract and/or terminate the Contractor’s right to perform the work of the Contract based upon the following:
24.1.1.1 Contractor refuses or fails to execute the Work or any separable part thereof with sufficient diligence as will ensure its completion within the time specified or any extension thereof, or
24.1.1.2 Contractor fails to complete said Work within the time specified or any extension thereof, or
24.1.1.3 Contractor persistently fails or refused to perform Work or provide material of sufficient quality as to be in compliance with Contract Documents; or
24.1.1.4 Contractor files a petition for relief as a debtor, or a petition is filed against the Contractor without its consent, and the petition not dismissed within sixty (60) days; or
24.1.1.5 Contractor makes a general assignment for the benefit of its creditors, or a receiver is appointed on account of its insolvency; or
24.1.1.6 Contractor persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled workers or proper materials to complete the Work in the time specified; or
24.1.1.7 Contractor fails to make prompt payment to Subcontractors, or for material, or for labor; or
24.1.1.8 Contractor persistently disregards laws or ordinances, or instructions of County; or
24.1.1.9 Contractor fails to supply labor, including that of Subcontractors, that can work in harmony with all other elements of labor employed or to be employed on the Work; or
24.1.1.10 Contractor or its Subcontractor(s) is/are otherwise in breach, default, or in substantial violation of any provision of this Contract.
24.1.2 Notification of Termination
24.1.2.1 Upon the occurrence of County's sole determination of any of the above conditions, County may, without prejudice to any other right or remedy, serve written notice upon Contractor and its Surety of County's termination of this Contract and/or the Contractor’s right to perform the work of the Contract. This notice will contain the reasons for termination. Unless, within three (3) days after the service of the notice, any and all condition(s) shall cease, and any and all violation(s) shall cease, or arrangement satisfactory to County for the correction of the condition(s) and/or violation(s) be made, this Contract shall cease and terminate. Upon Determination, Contractor shall not be entitled to receive any further payment until the entire Work is finished.
24.1.2.2 Upon Termination, County may immediately serve written notice of tender upon Surety whereby Surety shall have the right to take over and perform this Contract only if Surety:
24.1.2.2.1 Within three (3) days after service upon it of the notice of tender, gives County written notice of Surety’s intention to take over and perform this Contract; and
24.1.2.2.2 Commences performance of this Contract within (three (3) days from the date of serving of its notice to County.
24.1.2.3 If Surety fails to notify County or begin performance as indicated herein, County may take over the Work and execute the Work to completion by any method it may deem advisable at the expense of Contractor and/or its Surety. Contractor and/or its Surety shall be liable to County for any excess cost or other damages the County incurs thereby. Time is of the essence in this Contract. If the County takes over the Work as herein provided, County may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plan, and other property belonging to Contractor as may be on the Site of the Work, in bonded storage, or previously paid for.
24.1.3 Effect of Termination
24.1.3.1 Contractor shall, only if ordered to do so by the County, immediately remove from the Site all or any materials and personal property belonging to Contractor that have not been incorporated in the construction of the Work, or which are not in place in the Work. The County retains the right, but not the obligation, to keep and use any materials and personal property belonging to Contractor that have not been incorporated in the construction of the Work, or which are not in place in the Work. The Contractor and its Surety shall be liable upon the performance bond for all damages caused the County by reason of the Contractor’s failure to complete the Contract.
24.1.3.2 In the event that the County shall perform any portion of, or the whole of the Work, pursuant to the provisions of the General Conditions, the County shall not be liable nor account to the Contractor in any way for the time within which, or the manner in which, the Work is performed by the County or for any changes the County may make in the Work or for the money expended by the County in satisfying claims and/or suits and/or other obligations in connection with the Work.
24.1.3.3 In the event, that the Contract is terminated for any reason, no allowances or compensation will be granted for the loss of any anticipated profit by the Contractor.
24.1.3.4 If the expense to the County to finish the Work exceeds the unpaid Contract Price, Contractor and Surety shall pay the difference to County within twenty-one (21) days of County's request.
24.1.3.5 The County shall have the right (but shall have no obligation) to assume and/or assign to a general contractor or construction manager or other third party who is qualified and has sufficient resources to complete the Work, the rights of the Contractor under its subcontracts with any or all Subcontractors. In the event of an assumption or assignment by the County, no Subcontractor shall have any claim against the County or third party for Work performed by Subcontractor or other matters arising prior to termination of the Contract. The County or any third party, as the case may be, shall be liable only for obligations to the Subcontractor arising after assumption or assignment. Should the County so elect, the Contractor shall execute and deliver all documents and take all steps, including the legal assignment of its contractual rights, as the County may require, for the purpose of fully vesting in the County the rights and benefits of it Subcontractor under Subcontracts or other obligations or commitments. All payments due the Contractor hereunder shall be subject to a right of offset by the County for expenses and damages suffered by the County as a result of any default, acts, or omissions of the Contractor. Contractor must include this assignment provision in all of its contracts with its Subcontractors.
24.1.3.6 The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to County.
24.2 Termination of Contractor for Convenience
24.2.1 County in its sole discretion may terminate the Contract upon three (3) days written notice to the Contractor. Under a termination for convenience, the County retains the right to all the options available to the County if there is a termination for cause. In case of a termination for convenience, the Contractor shall have no claims against the County except:
24.2.1.1 The actual cost of labor, materials, and services performed that is unpaid and can be documented through timesheets, invoices, receipts, or otherwise, and
24.2.1.2 Five percent (5%) of the total cost of work performed as of the date of termination, or five percent (5%) of the value of the Work yet to be performed, whichever is less. This five percent (5%) amount shall be full compensation for all Contractor's and its Subcontractor(s)’ mobilization and/or demobilization costs and any anticipated loss profits resulting from termination of the Contractor for convenience.
24.3 Emergency Termination of Public Contracts Act of 1949
24.3.1 This Contract is subject to termination as provided by §§4410 and 4411 of the Government Code of the State of California, being a portion of the Emergency Termination of Public Contracts Act of 1949.
24.3.1.1 § 4410 of the Government Code states:
In the event a national emergency occurs, and public work, being performed by contract, is stopped, directly or indirectly, because of the freezing or diversion of materials, equipment or labor, as the result of an order or a proclamation of the President of the United States, or of an order of any federal authority, and the circumstances or conditions are such that it is impracticable within a reasonable time to proceed with a substantial portion of the work, then the public agency and the contractor may, by written agreement, terminate said contract.
24.3.1.2 § 4411 of the Government Code states:
Such an agreement shall include the terms and conditions of the termination of the contract and provision for the payment of compensation or money, if any, which either party shall pay to the other or any other person, under the facts and circumstances in the case.
24.3.1.3 Compensation to the Contractor shall be determined at the sole discretion of County on the basis of the reasonable value of the Work done, including preparatory work. As an exception to the foregoing and at the County's discretion, in the case of any fully completed separate item or portion of the Work for which there is a separate previously submitted unit price or item on the accepted schedule of values, that price shall control. The County, at its sole discretion, may adopt the Contract Price as the reasonable value of the work done or any portion thereof.
25.1 Performance During Claim Process
The Contractor shall continue to perform its Work under the Contract and shall not cause a delay in the Work during any dispute, claims definition, negotiation, mediation, or arbitration proceeding, except by written agreement by the County.
25.2 Definition of Claim
25.2.1 For purposes of this section, a “Claim” means a separate demand by the Contractor for:
25.2.1.1 A time extension,
25.2.1.2 Payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or
25.2.1.3 Payment of money that the County disputes is owing.
25.3 Claim Presentations
25.3.1 The attention of the Contractor is drawn to Government Code § 12650, et seq. regarding penalties for false claims.
25.3.2 Contractor shall file with the County any written Claim, including the documents necessary to substantiate it, on or before the day of final payment on the Contract.
25.3.3 The Contractor shall not cause a delay in the Work during any dispute, claims definition, negotiation, mediation, or arbitration proceeding, except by written agreement by the County.
25.3.4 The Contractor shall bind all its Subcontractors, material persons, and suppliers to the provisions of this section on mediation and arbitration and will hold the County harmless against disputes and claims by Subcontractors, material persons, or suppliers.
25.4 Claim Resolution
25.4.1 In the event of a dispute between the parties as to performance of the Work, the interpretation of this Contract, or payment or nonpayment for Work performed or not performed, the parties shall attempt to resolve the dispute by those procedures set forth in Public Contract Code § 9204, if applicable. Pending resolution of the dispute, if the dispute is not resolved, Contractor agrees it will neither rescind the Contract nor stop the progress of the Work but will allow determination by a court of the State of California having competent jurisdiction of the dispute, after the Project has been completed, and not before.
25.4.2 For all Claims which arise between a Contractor and a local agency, the procedure set forth in Public Contract Code § 9204 shall apply:
25.4.2.1 The County shall respond in writing within forty-five (45) days of receipt of the Claim identifying what portion of the Claim is disputed and what portion is undisputed.
25.4.2.1.1 Upon receipt of a Claim, County, and Contractor may by mutual agreement, extend the time period for County to respond.
25.4.2.1.2 Any payment due on an undisputed portion of the Claim shall be processed and made within sixty (60) days after the County issues its written response to the Claim.
25.4.3 If Contractor disputes County’s written response, or if County fails to respond to a Claim issued pursuant to this § 25 within the time prescribed, Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute.
25.4.3.1 Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, County shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute.
25.4.4 Within ten (10) business days following the conclusion of the meet and confer conference, if the Claim or any portion of the Claim remains in dispute, the County shall provide Contractor a written statement identifying the portion of the Claim that remains in dispute and the portion that is undisputed.
25.4.4.1 Any payment due on an undisputed portion of the Claim shall be processed and made within sixty (60) days after the County issues its written statement.
25.4.5 Any disputed portion of the Claim, as identified by the statement referenced in § 25.4.4 shall be submitted to nonbinding mediation, with the County and Contractor sharing the associated costs equally.
25.4.5.1 County and Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the claim has been identified in writing.
25.4.5.2 If County and Contractor cannot agree to 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.
25.4.5.3 County and Contractor shall each bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
25.4.5.4 If mediation is unsuccessful the parts of the claim remaining in dispute shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with § 1141.10) of the Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding § 1141.11 of that code. The Civil Discovery Act of 1986, (Article 3 (commencing with § 2016) of Chapter 3 of Title 3 of part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
25.4.6 The County shall not fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the Contract Documents. Unpaid claim amounts not paid in a timely manner will accrue interest at seven percent (7%) per annum. In any suit filed pursuant to this section, the County shall pay interest at the legal rate on any arbitration award or judgment. Interest shall begin to accrue on the date the suit is filed in a court of law.
25.4.7 If a Subcontractor or lower-tier subcontractor lacks legal standing to assert a Claim against County because privity of contract does not exist, Contractor may present County 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 that of a lower-tier Subcontractor, that Contractor present a Claim for work which was performed by Subcontractor, or by a lower-tier Subcontractor on behalf of Subcontractor. Subcontractor requesting that the claim be presented to County must furnish reasonable documentation to support the Claim. Within forty-five (45) days of receipt of this written request, Contractor must notify Subcontractor in writing as to whether Contractor presented the Claim to County, and, if Contractor did not present the Claim, provide Subcontractor with a written statement of the reasons for not having done so.
26.1 Wage Rates, Travel, and Subsistence – (For Projects over $1M see also PROJECT STABILIZATION/ COMMUNITY BENEFITS AGREEMENT of the COUNTY OF ALAMEDA Document 00 73 49).
26.1.1 Pursuant to the provisions of Article 2 (commencing with § 1770), chapter 1, part 7, division 2, of the Labor Code of California, the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this public work is to be performed for each craft, classification or type of worker needed to execute this Contract is on file at the County’s principal office, and copies will be made available to any interested party on request. Contractor shall obtain and post a copy of these wage rates at the job site.
26.1.2 Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half times the above-specified rate of per diem wages unless otherwise specified. The holidays upon which those rates shall be paid need not be specified by the County but shall be all holidays recognized in the applicable collective bargaining agreement. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in § 6700 of the Government Code.
26.1.3 Contractor shall pay and shall cause to be paid each worker engaged in Work on the Project not less than the general prevailing rate of per diem wages determined by the Director of the Department of Industrial Relations (“DIR”) (“Director”), regardless of any contractual relationship which may be alleged to exist between Contractor or any Subcontractor and such workers.
26.1.4 Contractor shall pay and shall cause to be paid to each worker needed to execute the Work on the Project travel and subsistence payments, as such travel and subsistence payments are defined in the applicable Collective Bargaining Agreements filed with the Department of Industrial Relations in accordance with Labor Code § 1773 et seq.
26.1.5 If during the period this bid is required to remain open, the Director determines that there has been a change in any prevailing rate of per diem wages in the locality in which the Work under the Contract is to be performed, such change shall not alter the wage rates in the Notice to Bidders or the Contract subsequently awarded.
26.1.6 Pursuant to Labor Code § 1775, Contractor shall, as a penalty to County, forfeit the statutory amount for each calendar day, or portion thereof, for each worker paid less than the prevailing rates, determined by the County and/or the Director, for the work or craft in which that worker is employed for any public work done under Contract by Contractor or by any Subcontractor under it. The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by Contractor.
26.1.7 Any worker employed to perform Work on the Project, which Work is not covered by any classification listed in the general prevailing wage rate of per diem wages determined by the Director, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to Work to be performed by him, and such minimum wage rate shall be retroactive to time of initial employment of such person in such classification.
26.1.8 Pursuant to Labor Code § 1773.1, per diem wages, are deemed to include employer payments for health and welfare, pension, vacation, travel time, subsistence pay, and apprenticeship or other training programs authorized by § 3093, and similar purposes.
26.1.9 Contractor shall post at appropriate conspicuous points on the Site of Project, a schedule showing all determined minimum wage rates and all authorized deductions if any, from unpaid wages, actually earned. In addition, Contractor shall post a sign-in log for all workers and visitors to the Site, a list of all subcontractors of any tier on the Site, and the required Equal Employment Opportunity poster(s).
26.1.10 Contractor stipulates that it shall comply with all requirements of PROJECT STABILIZATION/COMMUNITY BENEFITS AGREEMENT (For projects over $1M) of the COUNTY OF ALAMEDA, and shall pay to persons performing labor in and about the Work provided for in the Contract an amount equal to or more than the following:
26.1.10.1 Wage rate and fringe benefit payments and classification for that person’s corresponding labor classification as required by the Department of Industrial Relations;
26.1.10.2 Wage rate and fringe benefit payments and classification for that person’s corresponding labor classification as required under the PROJECT STABILIZATION/COMMUNITY BENEFITS AGREEMENT of the COUNTY OF ALAMEDA (For projects over $1M) and California Labor Code.
26.1.11 If there are conflicts between the Wage rate and fringe benefit payments and classification between the Department of Industrial Relations and the PROJECT STABILIZATION/COMMUNITY BENEFITS AGREEMENT of the COUNTY OF ALAMEDA (For projects over $1M), Contractor shall pay the higher wage rate and fringe benefits.
26.2 Hours of Work
26.2.1 As provided in Article 3 (commencing with § 1810), chapter 1, part 7, division 2, of the Labor Code, eight (8) hours of labor shall constitute a legal days work. The time of service of any worker employed at any time by Contractor or by any Subcontractor on any subcontract under this Contract upon the Work or upon any part of the Work contemplated by this Contract shall be limited and restricted by Contractor to eight (8) hours per day, and forty (40) hours during any one week, except as hereinafter provided. Notwithstanding the provisions hereinabove set forth, Work performed by employees of Contractor in excess of eight (8) hours per day and forty (40) hours during any one week, shall be permitted upon this public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half times the basic rate of pay.
26.2.2 Contractor shall keep and shall cause each Subcontractor to keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the Work or any part of the Work contemplated by this Contract. The record shall be kept open at all reasonable hours to the inspection of County and to the Division of Labor Standards Enforcement of the DIR.
26.2.3 Pursuant to Labor Code § 1813, Contractor shall as a penalty to the County forfeit the statutory amount for each worker employed in the execution of this Contract by Contractor or by any Subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Article 3 (commencing with § 1810), chapter 1, part 7, division 2, of the Labor Code.
26.2.4 Any Work necessary to be performed after regular working hours, or on Sundays or other holidays shall be performed without additional expense to the County.
26.3 Payroll Records
26.3.1 County will use the Alameda County Contract Compliance System, including the Elation Systems, Inc. program, to monitor contract and labor compliance. Contractor shall use the Compliance System to meet County’s requirements, and shall participate in training as directed by County in order to become and remain competent in the use of the Compliance System.
26.3.2 Pursuant to the provisions of § 1776 of the Labor Code, notice is hereby given that Contractor shall prepare and provide to the County and shall cause each Subcontractor performing any portion of the Work under this Contract to prepare and provide to the County an accurate and certified payroll record (“CPR(s)”), showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contractor and/or each Subcontractor in connection with the Work.
26.3.3 The CPRs enumerated hereunder shall be certified and shall be provided to the County on a weekly basis. The CPRs from the Contractor and each Subcontractor for each week shall be provided on or before Wednesday of the week following the week covered by the CPRs. County shall not make any payment to Contractor until:
26.3.3.1 Contractor and/or its Subcontractor(s) provide CPRs acceptable to the County, and
26.3.3.2 The County is given sufficient time to review and/or audit the CPRs to determine their acceptability. Any delay in Contractor and/or its Subcontractor(s) providing CPRs to the County in a timely manner will directly delay the County’s review and/or audit of the CPRs and Contractor’s payment.
26.3.4 All CPRs shall be available for inspection at all reasonable hours at the principal office of Contractor on the following basis:
26.3.4.1 A certified copy of an employee’s CPR shall be made available for inspection or furnished to the employee or his/her authorized representative on request.
26.3.4.2 CPRs shall be made available for inspection or furnished upon request to a representative of County, Division of Labor Standards Enforcement, Division of Apprenticeship Standards, and/or the Department of Industrial Relations.
26.3.4.3 CPRs shall be made available upon request by the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the County, Division of Apprenticeship Standards or the Division of Labor Standards Enforcement. If the requested CPRs have not been provided pursuant to the provisions herein, the requesting party shall, prior to being provided the records reimburse the costs of preparation by Contractor, Subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of Contractor.
26.3.5 The form of certification for the CPRs shall be as follows:
I, (Name-Print), the undersigned, am the (Position in business) with the authority to act for and on behalf of (Name of business and/or Contractor), certify under penalty of perjury that the records or copies thereof submitted and consisting of (Description, number of pages) are the originals or true, full, and correct copies of the originals which depict the payroll record(s) of actual disbursements by way of cash, check, or whatever form to the individual or individual named, and (b) we have complied with the requirements of §§1771, 1811, and 1815 for any work performed by our employees on the Project.
Date: Signature:
(§ 16401 of the California Code of Regulations)
26.3.6 Each Contractor shall file a certified copy of the CPRs with the entity that requested the records within ten (10) days after receipt of a written request.
26.3.7 Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by County, Division of Apprenticeship Standards, or Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual’s name, address, and social security number. The name and address of Contractor awarded Contract or performing Contract shall not be marked or obliterated.
26.3.8 Contractor shall inform County of the location of the records enumerated hereunder, including the street address, city, and county, and shall, within five (5) working days, provide a notice of change of location and address.
26.3.9 In the event of noncompliance with the requirements of this section, Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects Contractor must comply with this section. Should noncompliance still be evident after the ten (10) day period, Contractor shall, as a penalty to County, forfeit twenty-five dollars ($25) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of Division of Apprenticeship Standards or Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due.
26.3.10 It shall be the responsibility of Contractor to ensure compliance with the provisions of Labor Code § 1776.
26.4 Apprentices
26.4.1 Contractor acknowledges and agrees that, if this Contract involves a dollar amount greater than or a number of working days greater than that specified in Labor Code § 1777.5, then this Contract is governed by the provisions of Labor Code § 1777.5. It shall be the responsibility of Contractor to ensure compliance with this Article and with Labor Code § 1777.5 for all apprenticeship occupations.
26.4.2 Apprentices of any crafts or trades may be employed and, when required by Labor Code § 1777.5, shall be employed provided they are properly registered in full compliance with the provisions of the Labor Code.
26.4.3 Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he/she is employed, and shall be employed only in the work of the craft or trade to which she/he is registered.
26.4.4 Only apprentices, as defined in § 3077 of the Labor Code, who are in training under apprenticeship standards and written apprentice agreements under Chapter 4 (commencing at § 3070), Division 3, of the Labor Code, are eligible to be employed. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he/she is training.
26.4.5 Pursuant to Labor Code § 1777.5, if that § applies to this Contract as indicated above, Contractor and any Subcontractors employing workers in any apprentice able craft or trade in performing any Work under this Contract shall apply to the applicable joint apprenticeship committee for a certificate approving the Contractor or Subcontractor under the applicable apprenticeship standards and fixing the ratio of apprentices to journeymen employed in performing the Work.
26.4.6 Pursuant to Labor Code § 1777.5, if that § applies to this Contract as indicated above, Contractor and any Subcontractor may be required to make contributions to the apprenticeship program.
26.4.7 If Contractor or Subcontractor willfully fails to comply with Labor Code § 1777.5, then, upon a determination of noncompliance by the Administrator of Apprenticeship, it shall:
26.4.7.1 Be denied the right to bid on any subsequent project for one (1) year from the date of such determination;
26.4.7.2 Forfeit as a penalty to County the full amount as stated in Labor Code § 1777.7. Interpretation and enforcement of these provisions shall be in accordance with the rules and procedures of the California Apprenticeship Council and under the authority of the Chief of the Division of Apprenticeship Standards.
26.4.8 Contractor and all Subcontractors shall comply with Labor Code § 3073.9, which § forbids certain discriminatory practices in the employment of apprentices.
26.4.9 Contractor shall become fully acquainted with the law regarding apprentices prior to commencement of the Work. Special attention is directed to Article 2 (commencing with §3075) of Division 4, Chapter 4 of the Labor Code, and §§1777.5, 1777.6, and 1777.7 of the Labor Code, and title 8, California Code of Regulations, §200 et seq. Questions may be directed to the State Division of Apprenticeship Standards, 455 Golden Gate Avenue, San Francisco, California 94102.
26.5 Non-Discrimination
26.5.1 Contractor herein agrees not to discriminate in its recruiting, hiring, promotion, demotion, or termination practices on the basis of race, religious creed, national origin, ancestry, sex, age, or physical handicap in the performance of this Contract and to comply with the provisions of the California Fair Employment and Housing Act as set forth in part 2.8 of Division 3 of the California Government Code, commencing at §12900; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352, and all amendments thereto; Executive Order 11246, and all administrative rules and regulations found to be applicable to Contractor and Subcontractor.
26.5.2 Special requirements for Federally Assisted Construction Contracts: During the performance of this Contract, Contractor agrees to incorporate in all subcontracts the provisions set forth in Chapter 60-1.4(b) of Title 41 published in Volume 33 No. 104 of the Federal Register dated May 28, 1968.
26.6 Labor First Aid
Contractor shall maintain emergency first aid treatment for Contractor’s workers on the Project which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.) and the California Occupational Safety and Health Act of 1973 (8 Cal. Code of Regs., §1 et seq. 33400 of Article 10, Group 2, Subchapter 7).
27.1 Assignment of Antitrust Actions
27.1.1 §7103.5(b) of the Public Contract Code states:
In entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under § 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.
27.1.2 § 4552 of the Government Code states:
In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under § 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.
27.1.3 § 4553 of the Government Code states:
If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery.
27.1.4 § 4554 of the Government Code states:
Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action.
27.1.5 Under this Article, “public purchasing body” is County and “bidder is Contractor.
27.2 Excise Taxes
If, under Federal Excise Tax Law, any transaction hereunder constitutes a sale on which a Federal Excise Tax is imposed, and the sale is exempt from such Federal Excise Tax because it is a sale to a State or Local Government for its exclusive use, County, upon request, will execute documents necessary to show (1) that County is a political subdivision of the State for the purposes of such exemption, and (2) that the sale is for the exclusive use of County. No Federal Excise Tax for such materials shall be included in any Contract Price.
27.3 Taxes
Contract Price is to include any and all applicable sales taxes or other taxes that may be due in accordance with § 7051 of the Revenue and Taxation Code; Regulation 1521 of the State Board of Equalization or any other tax code that may be applicable.
27.4 Shipments
All shipments must be F.O.B. destination to Site or sites, as indicated in the Contract Documents. There must be no charge for containers, packing, unpacking, drayage or insurance. The total Contract Price shall be all inclusive (including sales tax), and no additional costs of any type will be considered.
END OF DOCUMENT
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Bidders must submit with their Bids an electronic Bid Bond, physical Bid Bond, a cashier's check or a certified check payable to County, of not less than ten percent (10%) of amount of base Bid, plus all additive alternates. Bids submitted without necessary bid security will be deemed non-responsive and will not be considered. Please select which form in questions 2.1 - 2.3 below.
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Bidder MUST also submit an original PHYSICAL copy of the Bid Bond to be received no later than the bid due date and time addressed to:
Alameda County, GSA-BMD
2054 Fairmont Drive
San Leandro, CA 94578
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Bidder MUST also submit an original PHYSICAL copy of the Cashier's or Certified Check to be received no later than the bid due date and time addressed to:
Alameda County, GSA-BMD
2054 Fairmont Drive
San Leandro, CA 94578
Please have the Bidder Name, Bid Title, and Bid Number listed clearly on the outside of the envelope.
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SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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