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HomeMy WebLinkAbout05965 - GENO'S OVERHEAD DOORS & GATES FENCING AND GATES AT JAMES O JESSIE DESERT HIGHLAND UNITY CENTER Kathie Hare y`y �� " 1 + �'t�•V From: Dale Cook Sent: Monday, October 27, 2014 7:44 AM To: Kathie Hart Subject: RE:A5965 Geno's Overhead Doors&Gates (Central Access-Point Fence at James 0 Jessie DHUC Goad morning—Yes, please close. Thanks.— Dale C 5# f �JC ���PF DALE E.COOK,JR. 'v Community Development Administrator Telephone:760.323.8198 Fax:760.322,8325 TDD: 760.864,9527 Please consider the environment before printing this email FYI... City Hall has extended hours of Ram to 6pm on Monday through Thursday,and closed on Friday. From: Kathie Hart Sent:Sunday,October 26,2014 1:16 PM To: Dale Cook Subject:A5965 Geno's Overhead Doors&Gates(Central Access-Point Fence at James 0 Jessie DHUC Ok to close this agreement? Kathie Hart, MMC Chief Deputy City Clerk City of Palm Springs 1411t(760)323-8206 3200 f. Tahqu/tz Canyon Way A (760)322-8332 Palm Springs, CA 92262 l�4Kathie.Hart�PPalmS$q sCA.gg Please note that City Hall is open 8 a.m. to 6 pnr,.Monday through Thursday,and closed on Fridays at this time. hT CONTRACTOR(S)CERTIFICATION ON FEDERAL CONTRACT REQUIREMENTS I, _��/Yf�l�b /7 9 c�SC hereby certify that I have reviewed the diversified Federal construction contract and related requirements imposed on the Contractor(s) of HUD funded construction projects, and fully understand all my obligations if the project is awarded to me. City Project No..-TEP Zrl-W— Contract Amount 2 5 e, o c'i ° Date .jP e Project Title I�[`? f-eoee. Ct eyi a r'a De l et Contractor Contractor Signature ��VJPdL Contractor Title (�1j (r 1 l�oo »i,J Qu_f i el_ Address Telephone e vi , CC Email Address J.O.J.Highland Unity Center Central Access-Pain Fence FEDERAL LABOR STANDARDS CERTIFICATION OF BIDDER REGARDING SEGREGATED FACILITIES hereby certify that no segregated facilities will be maintained. City Project No.r:-F'L3 jig-rs;— Contract Amount Date 3 Project Title jT CJ,J 14;f• r11,5r,d Ian't-� (.I ;1 f . (tr'n-�i'cil � CCc�; - Y-n; rif �+'•r7Ltc. Clem a 6 PC Lq Contractor Contractor Signature V too Ce Contractor Title Address 1( 6 - 32rJ - 183dt� Telephone ^� tto a Cxc,�t 05 evi 1 Y ; co Email Address f,o,J.Highland Unity Center Central Access-Pant Fence SEGREGATED FACILITIES AGREEMENT THIS AGREEMENT made this r.+ day of I-y-tt_vv in the year 2010,by and between the City of Palm Springs,a Charter City,organized anw existing in the County of Riverside,under and by virtue of the laws of the State of California,hereinafter designated as the City, and GENOS OVERHEAD DOORS & GATES hereinafter designated as the CONTRACTOR. The City and the Contractor,in consideration of the mutual covenants hereinafter set forth,agree as follows: ARTICLE I -THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedule(s) of the City's Contract Documents entitled: CITY OF PALM SPRINGS JAMES O.JESSIE DESERT HIGHLAND UNITY CENTER CENTRAL ACCSS-POINT FENCE,IFB 10-05 The work shall include but be limited to: I. Installation of(2)fences(North and South),(2)gates(North and South),point access,(1)electrified hardware control access system for South gate,(1)electrified alarm system for North gate,and various other and appurtenant work. 2. All work described above to occur in the City of Palm Springs James O.Jessie Desert Highland Unity Center,480 Tramview Road,Palm Springs,CA. ARTICLE 2-COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2,herein,plus any extensions thereof allowed in accordance with Article 12 of the General Conditions.They also recognize the delays,expense,and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time.Accordingly,instead of requiring any such proof,the City and the Contractor agree that as liquidated damages or delay (but not as a penalty) the Contractor shall pay the City the sum of $250,00 each calendar day that expires after the time specified in Article 2,herein. ARTICLE 3-CONTRACT PRICE ($25,000. The City shall pay the Contractor for the completion of the Work in accordance with the Contract Documents in current funds the Contract Price(s)named in the Contractor's Bid and Bid Schedule. ARTICLE 4-THE CONTRACT DOCUMENTS The Contract Documents consist of. Notice Inviting Bids, Instructions to Bidders, the Schedule of Values, List of Subcontractors, Non-Collusion Affidavit,Bidder's General Information,this Agreement,Worker's Compensation Certificate,Payment Bond,Notice of Award, Notice to Proceed, Notice of Completion, General Conditions of the Contract, Supplementary General Conditions of the Contract, Technical Specifications, Drawings listed in The Schedule of Drawings in the Supplementary General Conditions or on the Cover Sheet of the Drawings,Addenda numbers 01 to 01 inclusive, and all Change Orders, and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. ARTICLE 5-PAYMENT PROCEDURES The Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions and the Supplementary General Conditions.Applications for Payment will be processed by the Engineer or the Owner as provided in the General Conditions. ARTICLE 6-NOTICES J.O.J.Highland Unity Center Central Access-Point Fence AGREEMENT FORM �,, AGREEMENT AND BONDS Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the Notice. ARTICLE 7-MISCELLANEOUS Terms used in this Agreement which are defined in Article I of the General Conditions and Supplementary General Conditions will have the meanings indicated in said General Conditions and Supplementary General Conditions.No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound;and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The Owner and the Contractor each binds itself, its partners, successors, assignees, and legal representatives to the other party hereto, its partners,successors,assigns,and legal representatives in respect of all covenants,agreements,and obligations contained in the Contract Documents. IN WITNESS WHEREOF, the Owner and the Contractor have caused this Agreement to be executed the day and year first above written. ATTEST:CITY OF PALM SPRINGS,CALIFORNIA By -•- . City Clerk APPRO OFO / ByL' City Attorney Date CONTENTS APPROVED: e APPROVED BY CITY COUNCIL. Date CONTRACTOR: (✓one: individual, partnership, corporation) By /..: rf signuure m (NOTARIZED) A-�--r CERTIFICATE Print Name and Title: SEE~I I�ALCHED W���Irl�� J.O.J.Highland Unity Center Central Access—Point Fence AGREEMENT FORM AGREEMENT AND BONDS ACKNOWLEDGMENT State of California County of RIVERSIDE On Ll h6 before me, NOTARY PUBLIC (insert name and title of the officer) personally appeared 5 who proved to me on the basis of satisfactory evidence to be the person-"whose nam*) is/am subscribed to the within instrument and acknowledged to me that he/,sl7emiray executed the same in hi*ber/thelT authorized capacity(Ws), and that by hislbamhetr signatures-on the instrument the persop( )-,or the entity upon behalf of which the persorls"cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Commission# 1665773 WITNESS my hand and official seal. d r Notary Public_California a :.�'.. Rl�ersida County My Comm.Expires,►un 6,20iq Signature (Seal) BID FORMS Only the following listed documents, identified in the lower right corner as "Bid Forms" and reproduced on colored paper, shall be fully executed and submitted with the Bid at the time of opening of Bids. Bid Bid Schedule Non-collusion Affidavit Bidder's General Information Affirmative Action Program General and Supplementary Conditions of the Contract Failure of a Bidder to fully execute and submit all of the listed documents with the Bid may render a Bid as non-responsive and subject to rejection. J.O.J Highland Unity Center Central Access-Point Fence COVER SHEET BID FORMS BID BID TO: CITY OF PALM SPRINGS, CALIFORNIA The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into Agreement with the Owner in the form included in the Contract Documents(as defined in Article 4 of the Agreement)to perform the Work as specified or indicated in said Contract Documents entitled: CITY OF PALM SPRINGS JAMES O.JESSIE DESERT HIGHLAND UNITY CENTER CENTRAL ACCESS-POINT FENCE, IFB 10-05 Bidder accepts all of the terms and conditions of the Contract Documents,including without limitation those in the Notice Inviting Bids and Instructions to Bidders,dealing with the disposition of the Bid Security. This Bid will remain open for the period stated in the Notice Inviting Bids unless otherwise required by law. Bidder will enter into an Agreement within the time and in the manner required in the Instructions to Bidders,and will furnish the insurance certificates,Payment Bond,and Permits required by the Contract Documents. Bidder has examined copies of all the Contract Documents including the following Addenda(receipt of which is hereby acknowledged): Number Date Number Date Number Date Number Date Bidder has familiarized itself with the nature and extent of the Contract Documents,the Work,the site,the locality where the Work is to be performed,the legal requirements(federal,state,and local laws,ordinances,rules,and regulations),and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. In conformance with current statutory requirements of California Labor Code Section 1860,et seq.,the undersigned confirm the following as its certification: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions before commencing the performance of the work of this contract To all the foregoing, and including all Bid Schedule(s), List of Subcontractors, Non-collusion Affidavit, Purchase Order for Assigned Contract, Bidder's General Information,and Bid Bond contained in these Bid Forrns, said Bidder further agrees to complete the Work required under the Contract Documents within the Contract Time stipulated in said Contract Documents,and to accept in full payment therefore the Contract Price biased on the Lump Sum or Unit Bid Price(s)named in the afore-mentioned Bidding Schedule(s). Dated: ,1/f u�f c:� ���'L�(� // Bidder. / peoctirD e SO 54 By: (Signature) Title: O Wh J.O.J Highland Unity Center Central Access-Point Fence BID BID FORMS BID SCHEDULE Lump Sum Price for Construction of CITY OF PALM SPRINGS JAMES O.JESSIE DESERT HIGHLAND UNITY CENTER CENTRAL ACCESS- POINT FENCE, IFB I O-OS In Palm Springs, California Item Description I. SCOPE OF WORK DESCRIBED IN THE PLANS AND SPECIFICATIONS The work shall include but be limited to: installation of(2)fences (North and South), (2)gates (North and South), point access, (I)electrified hardware control access system for South gate, (1)electrified alarm system for North gate,and various other and appurtenant work. TOTAL BID PRICE, BID SCHEDULE: For the lump sum of (Price in figures) (Price in words) (In case the words and figures above do not match,the words shall govern and the figures shall be disregarded) The undersigned hereby proposes to furnish all labor, materials, equipment and methods necessary for constructing all Work specified, all in strict accordance with these Contract Documents, at the bid price and the Contract Completion Schedule set forth hereafter. The undersigned also acknowledges that bid price include sales tax and all other applicable taxes and fees. `� V�e�st li r" /fin G Name of Bidder or Firm J.O.J Highland Unity Center Central Access-Point Fence BID SCHEDULE BID FORMS NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California County of ,leer being first duly sworn, deposes and says tha he�or she ... " a party making the is t7s _ of _ C'AJZ���� ( t l foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price,. or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Bidder (!%A 4 r rs ),e � -X i By �1��D'S /� VC'�C' P�aml/ 4DO 1c,ff' (74C 5 Title C w^ ~C 0 Organization Address-..-.. 0-0 CA f,OJ Highland Unity Center Central Access-point Fence NON-COLLUSION AFFIDAVIT BID FORMS BIDDER'S GENERAL.INFORMATION The Bidder shall furnish the following information. Failure to complete all Items may cause the Bid to be non-responsive and may cause its rejection. I. BIDDER/CONTRACTOR'S Name and Street Address: 2. CONTRACTOR'S Telephone Number: (7,610 12 O - Q53 04 Facsimile.Number: ( ) Email Address: I V 1 u9 IeIAO5 C---v'i r4 . CO VA 3. CONTRACTOR'S License: Primary Classification C Z 3 State License Number(s) `f 8 Supplemental License Classifications P o L 2, Federal Employer Identification Number(FEIN) 4. Surety Company and Agent who will provide the required Bonds on this Contract: Name of Surety Address Surety Company Agent Telephone Numbers: Agent( ) Surety( ) S. Type of Firm (Individual, Partnership or Corporation): 6. Corporation organized under the laws of the State of. 7. List the names and addresses of the principal members of the firm or names and titles of the principal officers of the corporation or firm: J.O.J Highland Unity Center Central Access-Point Fence BIDDER'S GENERAL INFORMATION BID FORMS BIDDER'S GENERAL INFORMATION CONTINUED 8. How many years experience as a contractor in this specific type of construction work: 9. List at least three related projects completed to date: (� a. Owner .- w, b, e Address Q�(y C-L <"'A �CAO- " Contact ((DC LD ' 41— 0(lil) Class of Work g S a qq r .� Phone Contract Amount I Cyr 5 a 6 Project 3 C�h as V e Date Completed Drc 200 1 b. Owner Me.u( c.0 Address r / Contact 2 Class of Work L'Jer,,t"4t C4a lxur,a�� �abp S Phone Contract Amount 90,Bz')C' Project VI CL Ir D Date Completed -Z 00 C c. Owner LJC1 V l �18_160 Address Contact ck").' ck w c., Class of Work Phone Contract Amount Project �k,AA evr f x n Date Completed 10. List the name and title of the person who will supervise full-time the proposed work for your firm: ' 12, ��� r De. 11. Is full-time supervisor an employee y � 7— _ _or contract services ? 12. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the Architect.. J.O.J Highland Unity Center Central Access-Point Fence BIDDER'S GENERAL INFORMATION BID FORMS CERTIFICATE OF BIDDER REGARDING AFFIRMATIVE ACTION PROGRAM The Bidder hereby certifies that he or she is in compliance with the Civil Rights Act of 1964, Executive Order No. 11246, The California Fair Employment Practices Act, and all other applicable Federal and State laws and regulations relating to equal opportunity employment. Bidder's Name: C--. ev i n l2 c, Address 'ie. .�] _ Ca c.J (e Y �tLC� � ` l ✓1 S, Name and Title of Signer: (��d oe� Signature and Date The above certification of the Bidder regarding its affirmative action program shall be filled out completely, signed, and submitted by each Bidder, and shall be a part of the Contract Documents. J.O.J Highland Unity Center Central Access—Point Fence AFFIRMATIVE ACTION PROGRAM BID FORMS GENOS OVERHEAD DOORS&GATES mom LICENSE#821984 W��.. GE NOS S MAILING ADDRESS: � PO Box 58-1005 OVERHEAD DOORS & GATES North Palm Springs,CA 92258 PH:760-320-8304 FAX:760-327-0041 Website:www. enosent .com DATE: 3-29-2010 QUOTATION • NAME: City Of Palm Springs • job name: Point Fence • PHONE NUMBER 760.322.8373 • FAX NUMBER/E-MAIL: • JOBSITE ADDRESS:Tramway rd Palm Springs. Item Extended Number Qty Description Unit Price price DRAWING SPECS A-1.1 1A FABRICATE DETAIL 12 A-1.1 WITH WALKWAY GATE.FENCING TO DETAIL PLAN 2A FABRICATE TO DETAIL 13 A-1.1 WITH WALKWAY GATE.FENCING TO DETAIL PLAN ALL PLASMA CUT. 4 SECTIONS AND 1 GATE ALL LOW VOLTAGE WIRING WITH ALARM WILL BE RUN TO SPECS, TOTAL FOR COMPLETE JOB $ 25,000.00 • PAYMENT TERMS: Deposit required • INSTALLATION: Included • VALIDITY OF OFFER: 30 Days Note:This is only an estimate for the scope of work listed. Con itions:The price and terms on this quotation are not subject to verbal change or other agreements unless approved in writing by a representative of Genos Overhead Doors&Gates.Typographical errors are subject to correction.A deposit is required before construction begins.Any changes made during construction can affect the pricing of the final contract.All final payments are due upon completion of the work, unless otherwise agreed upon prior to the start date. I agree to the above estimate and terms. CUSTOMER SIGNATURE APPROVAL: DATE PRINT NAME DATE THANK YOU FOR YOUR BUSINESSI State Of Cafrfornia co��.« CONTRACTORS STATE LICENSE BOARD mcr�« ACTIVE LICENSE m::•N„r,lw. 821984 F n,r, I N D I V GENARO DE LA ROSA C61/D28 C23 B 07/31/2011 SURETY COMPANY nf,the FAClfIC CALL-U RSV 1A S'LAf'�l�E;a7 LNCFf7 ., erT F=F2:(J t_:L'J r177 A(�TCJ Fr'.• L.IC:F•N�g=:.F3UN0S (:'()NTRAC'(TOWS IC 041,11PICA7' (�N C.'ARD 1 MAR-30-2010 TUE 02:50 PM PS PROCUREMENT FAX N0, 760 323 8238 P, 02 BID BID TO; Cf- Y OF PALM SPRINGS,CALWORNIA The wtderefgned Bidder ptvpvices and agrm if this Bid Ln acceprod,to enter I Agreement with tha awns in rise form Included In the Contract Docurnanu(an defined In Article f or the Agreement)to par6-M Rhe ark as speaecl or Indkuad in said Contact Documents endded: CITY OF PALM SPRINGS JAMES O.JESSIE DES RT HIGHLAND UNITY CENTER CENTRAL ACCESS—POINT F NCE, IFS 10-09 Oldder accepts all of eho tem111 and eondidons of the Contract Dowmants.incur rq udehout Il,,Lkq omthwa In the Not"Invltln:Bldt and Inst:ructloni to Bldelers,dealing with the dbpodldon of die Old Saarlcy, This Bid will remain open far du pterled 9tatetd In the Notice Invitin:bids u s odiervvise required by Ipw, aldder will amps Into an Agreement wfthln die time and In the m4nner required in the Instrucalont to IN Iders,and will furnish the Insurance cerdllcane,Payment A&nd,and Permlu required by the Candace Dat:umona. 91dder has inaminod capiet of all die Contract tlptwntents Including the followln Addenda(receipt of which is hereby acl(nbwlcdged): Number fie,-, co; 04ae,4 411 No Number Dam Number Dan$ Number Dare Bidder has(Arnllleri=d Itsalf wadi the nature and extent of the COWRO DocUffion ts.the Work the cite,the locality where the Work is to be performed,Line IcpI requirements(federal,sc44A and local laws,ordiriancosl 14141,and reguladans).and die rundltlone of aing*M1 propene or p-ormance of die Work and has made such Independent InvesdgahaqL5 as Blddor deems nacassary. In conformance uAth current yratutory repuirements of Callforiila Labor Cade Sac'on 1860,ec seq,the undanigned mnfirm the iaflowing as Its cerdAcadon: lin)2waraofdiiepravLcionsofSec:4on)700offtUborC a which require every employer to be insured pgeinst fiabglq for worker's caM*"aadan tie und�taleA self InawrAneia A accordance with the FN'W31ons before camrripiiping the rforntape n of the work of this COW" To all dm foragoing, and including all Bid SdtadwWsj List of Subconc actors, orb4osurion Atfldavit. Pur hma Order for Assigned Contract,Bidder's General Information,and Bid A*M conwmW In these Bid s,said Bidder further agrees to eompiete the Work required under the Contract Donime inn within the Gomact'Rme cdpulet-0d In e LW Comm Docur iiix and to aces In full paynWt therr(oro du Connect Prig bmad an the Lump Sum or Unit eld Prlea(a)nerftcl In ale Oommendoned Bidding Uhedule(s)'. Dawd: �Au 'X'2 jjA:' c6 BWdar B� (sigraiwrwJ nde; c.ar.e f.0j Mlzhiand Unity Canter Canal Access-Pane Pence RID BID IpOIiMS Z00/Z0012 XVJ BZ EL LOOZ/1.0/130 96AGH D STANTON owner-Pinker CA W OW0332 Beach D Stanton Insurance Agency 94-400 Date Palm Dr.,SuRa C Cathedral City,CA g2234 -324•i Y Auto•!{mime ; Ph, 780 144 Ltle•Cemrnerciat :< F 760.324-0804 ax 7o whom.it may cnllcern, rds tu'thc bid b�intl shbmitted to the City of Pal Sptrings.iry Ger�os letter is-in rega r,,•,. r:,• ver aead'Aoors&gates, Galtos•bid bond iti-tile amo nit of$25,�(lO has been f the bond �$o�ad 1'` however.wa are Ui,61c to get you the certified copy v►�ill have s'crvlces.Of Calift)rnia, :.,.. r floe alfi timr3:'"As etgeed Upon,we bond' 111&66�i by"�o• r�ot:recelviaag tt�e correct PIS ux o ieasc cotrtact r1>Ae at u within 24 hrs: Sboutd yoO Dave any g bons p the ceri4 W COPY to yo (760) 324A144: Beach Stanton ,.. .«>. c' Se`ac11 D:Sta, nsumnee Agency, 344Q0 Daf PalM�D�t;Ste-C? ` CA 9Z234 ` Crltf�earnl City, , li } .. +'rid"�'• .. ,wt,n. 5tir •• ire .. y ''F•� Clrwii,, MAR.30.2010 11:05 17603411312 FARMERS. INSURANCE #2118 P.003 /003 CERTHO[.DER COPY SK STATER P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03-30-2010 GRoup: POLICY NUMBER: 1863773-2009 CERTIFICATE= ID, 14 CERTIFICATE EXNRES: 08-01--2010 08-01-2002/00-01-2010 INTERACTIVE DESIGN CORPORATION SK ATTN: CITY CLERK PO sox 2743 PALM SPRINGS CA 22283-2743 This is to.certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. . This policy is not subject to cancellation by the.Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. THORIZED MEPRESENTA ,rj - PRESIDENT UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 03-30-2010 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER DE LA ROSA, GENARO AND DE LA ROSA, GLORIA SK 2388 N SANDRA RD PALM SPRINGS CA 92262 [1311,SK] ,F PRINTED 03-30-2010 STATE OF CALIFORNIA-DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF APPRENTICESHIP STANDARDS TO: California Department of Industrial Relations Division of Apprenticeship Standards P.O. Box 420603 San Francisco California 94142 FROM: AWARDING AGENCY EXTRACT OF City of Palm Springs PUBLIC WORKS CONTRACT AWARD 3200 East Tahquitz Canyon Way Palm Springs, CA 92203 A CONTRACT TO PERFORM PUBLIC WORKS UNDER LABOR CODE SECTION 1777.5 HAS BEEN AWARDED TO: 2. NAME OF GENERAL CONTRACTOR 3. CONTRACTOR'S LICENSE NO Geno's Overhead Doors & Gates 821984 4. MAIL ADDRESS(STREET NUMBER OR P.O. BOX) 5. CITY P.O. Box 58-1005 N. Palm Springs 6. ZIP CODE 7. TELEPHONE NUMBER 92262 760-320-8304 8. ADDRESS OR LOCATION OF PUBLIC WORKS SITE(INCLUDE CITY AND/OR COUNTY) James 0. Jessie Desert Highland Unity Center Palm Springs. 9. CONTRACT OR PROJECT NUMBER 10. DOLLAR AMOUNT OF CONTRACT AWARD IFB 10-05 $25,000. 11. STARTING DATE(ESTIMATED OR ACTUAL) 12. COMPLETION DATE(ESTIMATED OR ACTUAL) MONTH DAY YEAR MONTH DAY YEAR 05 / 06 / 2010 WSE NUMBERS) 06 / 05 �2010 / (USE NUMBERS) 13. TYPE OF CONSTRUCTION(HIGHWAY,SCHOOL,HOSPITAL,ETC.) 14. Fencing and Gates NEW CONSTRUCTION ALTERATIONS 15. CLASSIFICATION OR TYPE OF WORKER(CARPENTER,PLUMBER,ETC.) THAT WILL BE EMPLOYED BY THE CONTRACTOR(S) General Labor Welder 16. Is language included in the Contract Award to effectuate the provision of section Yes a No 1777.5,as required by the Labor Code?................................................................ Is language included in the Contract Award to effectuate the provisions of Section Yes - 0 No 1776,as required by the Labor Code?.................................................................. X 17. SIG T RE 18. TITLE 19, DATE 05/06/2010 Manager 20. PRINTED OR PED N M9 21, TELEPHONE NUMBERS Craig L. Gla s, Procurement & Contracting Manager 760-322-8368 Duplication of this form is permissible DAS 13(rev.5/01) City of Palm Springs, CA Procurement Conlraeting Division Bid Abstract BID ABSTRACT 'Vendor&Bid Amount 'Vendor&Bid Amount Vendor&Bid Amount Vendor&Bid Amount Vendor&Bid Amount PROJECT NO IFB 10-05 George's Ironworks Joe Putrino General Contr. Geno's Overhead Door Desert Stapes Welding PROJECT NAME: J.O.J. Desert Highland Exterior Fence DUE DATE: 03/30/2010 TOTAL $33,500.00 $34,375.00 $25,000.00 $34,600.00 TOTAL BID PRICE: $33,500.00 $34,375.00 $25,000.00 $34,600400 W h hessed By. Date: .3 j0 ,toiO Check a License or Home Improvement Salesperson (HIS) Registration - C tractors State Licen... Page 1 of 2 Ask Department r Affairs Contractor's "Rate UP Contractors 1SP i -0"eoard License Detail — License # 821984 LDISCLAIMER:A license status check provides information taken from the CSLB license database.Before relying on this information,you should be aware of the following limitations. CSLB complaint disclosure is restricted bylaw(B&P 7124,6). If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below.Click on the link or button to obtain complaint and/or legal action information. Per B&P 7071.1.7,only construction related civil judgments reported to the CSLB are disclosed. Arbitrations are not listed unless the contractor fails to comply with the terms of the arbitration. ;> Due to workload,there may be relevant information that has not yet been entered onto the Board's license database. License Number: 821984 Extract Date: 03/30/2010 GENARO DE LA ROSA Business Information: 2388 SANDRA RD PALM SPRINGS, CA 92262 Business Phone Number: (760)320-8304 Entity: Sole Ownership ..... _. .......................... Issue Date: 07/18/2003 Expire Date: 07/31/2011 License Status: This license is current and active. All information below should be reviewed. CLASS UESCRIPTiON D28 DOORS, GATES AND ACTIVATING DEVICES Classifications: .............. C23 ORNAMENTALMI.TALS B GENERAL BUILDING CONTRACTOR CONTRACTOWS BOND This license filed Contractor's Bond number SC493044 in the amount of$12,500 with the bonding company AMERICAA CONTRACTORS INDEMNITY COMPANY. Effective Date: 03/02/2009 Contrac;tor's.3.or dirrg History BOND OF QUALIFYING INDIVIDUAL Bonding: 1. This license filed Bond of Qualifying Individual number 100087709 for RICHARD G DE LA ROSA in the amount of$12,500 with the bonding company.A....M....E_IRI_C.A....N. CONTRACTORS INDEMNITY COMPANY. Effective Date: 06/09/2009 2. This license filed Bond of Qualifying Individual number 100103450 for DAVID J DE LA ROSA in the amount of$12,500 with the bonding company AMENICAN, CON I RAC I()RS INDEMNI I Y COMPANY. ............................................................................................................................................................................... Effective Date: 11/05/2009 https://www2.cslb.ca.gov/OnlineServices/CheekLicense/LicenseDetail.asp 3/30/2010 Check a License or Home Improvement Salesperson (HIS) Registration - C�tractors State Licen... Page 2 of 2 • This license has workers compensation insurance with the STATE COMPENSATION INSURANCE FUND Policy Number: 1863773 Workers'Compensation: Effective Date: 06/01/2009 Expire Date: 06/01/2010 Workers' Cofnpensat'con Ifisicry conditions of Use I Pr..vacy.._Pd c;.y Copyright©2010 State of California https://www2.cslb.ca.gov/OnlineSer-vices/CheckLicense/LicenseDetail.asp 3/30/2010 SPECIFICATIONS FOR 1FB 10-05 CITY OF PALM SPRINGS JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER CENTRAL ACCESS - POINT FENCE PALM SPRINGS, CALIFORNIA March 2010 O� PA M S FQ R��P Prepared by: Interactive Design Corporation 199 S.Civic Dr. Suite 10 Palm Springs, California 92264 A Community Development Block Grant(CDBG) Project Bid Opening: March 30, 2010 *This project is funded in its entirety by the U.S.Department of Housing and Urban Development. J.Q.J Highland Unity Fence Expansion SIGNATURE PAGE City Project No_04-05 • • • • CITY Or-Mw:SPRINGS SFECIFIWIOI FOR • • James 0. Jessie, Desert Hi hiand Unity Center • Central Access - Point Fence • PALM SPRINGS, CALIFORNIA • • • • The Specific Wons conMirr herein have b n prepared by or under the direction ofthe 16llavving'Licensed.-Architect: • • r • Maria S64. AIA w0 interactive Design Corporation.: • Ar4 t.6ct#=566 MAPjASONG. • �, Gib.�tC3Q�58fi �.: o:. .. °' • Op • • • • • • • • • • 1.0.1 highland Unity Cx1tW Central Access--Point Fence • • • • • • • • CITY OF PALM SPRINGS • JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER CENTRAL ACCESS - POINT FENCE SPECIFICATIONS • • Table of Contents • • PART I - PROJECT BID DETAILS Notice Inviting Bids Instruction to Bidders • • PART 11 - BID DOCUMENTS • Bid Bid Schedule • Non-Collusion Affidavit • Bidder's General Information • Affirmative Action Program Certificate Agreement Worker's Compensation Certificate • Payment Bond • Certificate of Insurance • General Conditions of the Contract PART III -GENERAL LABOR STANDARDS • Federal Labor Standard Provisions/Federal Prevailing Wage Decision • Contractors Certification on Federal Contract Requirements • Certification of Bidder Regarding Segregated Facilities Section 3 Clause&Contractor Certification PART IV-TECHNICAL SPECIFICATIONS . DIVISION I GENERAL REQUIREMENTS Section 0 10 10 Summary of Work • Section 01045 Cutting and Patching Section 01 170 Safety and Health Procedures Section 01200 Project Meetings . Section 01300 Submittals . Section 01400 Quality Control Section 01500 Mobilization Section 01540 Protection of Existing Facilities Section 01550 Site Access and Parking • Section 01560 Temporary Environmental Controls • Section 01600 Materials and Equipment • Section 01700 Contract Closeout • J.Q.J.Highland Unity Center Central Access--Point Fence TABLE OF CONTENTS • • • • • • DIVISION 2 SITEWORK,6ND UTILITIES Section 02070 Selective Demolition and Reconstruction • DIVISION 3 CONCRETE . Section 03300 Cast-In-Place Concrete • Section 03732 Concrete Repair MtSION 5 METALS . Section 05500 Metal Fabrications • DIVISION 9 FIN15HE$ Section 09900 Painting . DIVISION 16 ELTRICAL • Section 16123 Building Wire and Cable DIVISION 4. 6—8.AND 10- 15 NOT USED . PART IV- DRAWINGS . Sheet A-I Fence Information and Plans End of Table of Contents . J.O.J Highland Unity Central Amass—Point Fence TABLE OF CONTENTS • • • • CITY OF PALM SPRINGS • JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER • CENTRAL ACCESS - POINT FENCE SPECIFICATIONS r i PART I - PROJECT BID DETAILS • • Notice Inviting Bids • Instructions to Bidders • • • • • • • • • i • • i i • • • • • • • i • • J,O.J HigWand Unity Center Central Access-Point Fence PROJECT"BID DETAILS PART I • • • • • • • • • CITY OF PALM SPRINGS • JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER EXTERIOR FENCE • IFB 10-05 • NOTICE INVITING BIDS • For constructing • CITY OF PALM SPRINGS JAMES O,JESSIE DESERT HIGHLAND UNITY CENTER • CENTRAL ACCESS-POINT FENCE • N-1 NOTICE IS HEREBY GIVEN that sealed bids for the CITY OF PALM SPRINGS JAMES O.JESSIE • DESERT HIGHLAND UNITY CENTER CENTRAL ACCESS — POINT FENCE project, will be . `received at the office of the Procurement & Contracting Division of the City of Palm Springs, 3200 E Tahquitz Canyon Way, Palm Springs, CA 92262, UNTIL 3:OOPM LOCAL TIME ON MARCH 30, • 2010 at which time they will be opened and read aloud. The Engineer's estimate is$40,000. • .• N-2 DESCRIPTION OF THE WORK: A The Work shall include but be limited to; • 1. Installation of (2) fences (North and South), (2) gates (North and South), point access, (1) • electrified hardware control access system for South gate, (1) electrified alarm system for North • gate,and various other and appurtenant work. B. All work described above to occur in the City of Palm Springs James O.Jessie Desert Highland Unity • Center,480 Tramview Road,Palm Springs,CA • N-3 AWARD OF CONTRACT: • A. The Owner reserves the right after opening bids to reject any or all bids,to waive any informality (non- responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder and reject all . other bids,as it may best serve the interest of the Owner, B. As a condition of award,the successful bidder will be required to submit bonds and insurance. • • NA BIDS TO REMAIN OPEN:The Bidder shall guarantee the Total Bid Price for a period of 60 calendar days • from the date of bid opening. • WS CONTRACTOR'S LICENSE CLASSIFICATION:The Contractor shall possess a valid Class B,or C-23 • and C 10 combined license at the time of submitting bids. • N-6 CALIFORNIA PREVAILING WAGE RATE REQUIREMENT:The Contractor shall pay the general • prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of • the State of California for the locality where the work is to be performed. Current wage rates are available by visiting the following websites: hal/www.gpo.eov/davisbacon/ or • http://www.w ool,govlwdol/scAfiles)davisbaconlCA3_(1,dyb The Contractor and any Subcontractors are • responsible for obtaining the most current wage rate in relation to the bid due date and the successful • Contractor and any Subcontractors shall pay not less than said specified rates and shall post a copy of said • wage rates at the project site. • • J.O.J Highland Unity Center Cenval Access—Paint Fen a NOTICE INVITING BIDS • • 0 • • • • • N-7 FEDERAL WAGE RATES:Pursuant to Section 1773 of the Labor Code,the general prevailing wage rates, • Including the per diem wages applicable to the work.and for holiday and overtime work including employer payments for health and welfare, pension, vacation,and similar purposes, in the County of Riverside in which • the work is to be done, have been determined by the Director of the Department of Industrial Relations, • State of California. These wages are set forth in the General Prevailing Wage Rates for this project,available • from the California Department of Industrial Relations' internet website at httn:!/www.dir.co.gov/ and the Wage Determinations Online Program website at himpa/www.wdol,goy/ Future effective prevailing wage • rates which have been predetermined and are on file with the California Department of Industrial Relations • are referenced but not printed in the general prevailing wage rates. If there is any difference between the State • and Federal wage rates,the Contractor must pay the higher of the two rates. • N-8 RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due • under the Contact Documents from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section • 22300 of the Public Contract Code. • N-9 FEDERAL NON-DISCRIMINATION PROVISIONS: Bidders shall comply with the Presidenes • Executive Order No. 11246. • N-10 FEDERAL INTEREST EXCLUSION:Any contract or contracts awarded under this Notice Inviting Bids are expected to be funded in part by a grant from the United States Government. Neither the United States nor any of its departments, agencies, or employees is or will be a party to this Notice Inviting Bids or any • resulting Agreement-This procurement will be subject to regulations contained in 40 CFR Part 33 and 3S. • N-11 PRE-BID WALK-THROUGH: (Non-mandatory, attendance recommended): Prospective • bidders are strongly advired to attend the non-mandatory pre-bid walk-through of The project site to acquaint potential bidders with the project and existing site conditions that may affect the work The meeting • will be held on Thursday, March 18, 2010 at 10:00 AM local lima The meeting will occur at the project site,located at the James O.Jesse Highland Unity Center,480 Tramview Road, Palm Springs,CA. Failure of a • bidder to attend the pre-bid walk-through shall constitute acceptance of all pre-existing site conditions and • shall constitute a waiver of any and all future claims relating to said conditions. • N-12 OBTAINING OR INSPECTING CONTRACT DOCUMENTS: A. Contract Documents may be obtained free of charge by contacting the Procurement Administrative • Coordinator via email at CheryLMardn(ccDpalmsprinDca.vov or by telephone at 760-322-8373. Contract documents will be sent electronically via email In pdf format to prospective bidders per request Alternatively, prospective bidders may make arrangements with the Procurement office to pick up a . paper copy of the contract documents (limit one set per bidder). The Procurement office is located at City Hall at 3200 Fast Tahquita Canyon Way, Palm Springs, California 92262. Note that City Hall is open Monday thru Thursday, 8am to 6pm and closed on Friday.. Requests to mail contract documents will require advance payment to the City for any applicable mailing fees. . B. It is the Bidder's responsibility to register with the Procurement Administrative Coordinator as a • Plan Holder for.this project and to check for addenda issued by City. Addenda issued by the City will be forwarded to all prospective bidders that have officially registered as Plan Holders. • N-13 ADDRESS AND MARKING OF BIDS:The envelope enclosing the Bid shall be sealed and addressed to the City of Palm Springs, and shall be delivered or mailed to the office of Procurement & Contracting Division of the City of Palm Springs, 3200 E Tahquitz Canyon Way, Palm Springs, CA 92262. The • J.O.J Highland Unity Cd r Central Access-Point Fence NOTICE INVITING BIDS • • • • • • • • • envelope shall be plainly marked in the upper left hand comer with the name and address of the Bidder and shall bear the words"Bid for James O.Jesse Highland Unity Center Central Access—Point Fence' by March • 30. 2010. until 3:00 PM. The receiving time in the Procurement and Contracting Office will be the •, governing time for acceptability of bids. Telegraphic, telephonic or any other electronic transmission of . bids will not be accepted. It is the responsibility of the bidder to see that any bid sent through the mail, or by any other delivery method, shall have sufficient time to be received by the Procurement and • Contracting Office prior to the deadline, late bids will be returned to the proposer unopened, no . exceptions. • BY ORrOF THE F PALM SPRINGS • • Crag adS5, .M. Procurementntracting Manager • . Date: March 15, 2010 • • • • • • • • • • • • • • • • • • • • • • • ).O.J Highland Unity Center Central Acoess—Point Fence NOTICE INVITING BIDS • • • • • • CITY OF PALM SPRINGS . JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER • CENTRAL ACCESS - POINT FENCE . INSTRUCTIONS TO BIDDERS • 1. DEFINED TERMS -Terms used in these Instructions to Bidders and the Notice Inviting Bids and not defined herein . shall have the meanings assigned to them in the General Conditions.The term"Bidder"shall mean one who submits a Bid • directly to the Owner, as distinct from a sub-bidder, who submits a Bid to a Bidder. The tern "Engineer' shall be as defined in the Supplementary General Conditions." . 2. COMPETENCY OF BIDDERS -In selecting the lowest responsive, responsible Bidder, consideration will be given • not only to the financial standing of the Bidder,but also to the general competency of the Bidder for the performance of . the Work covered by the Bid.To this end, each Bid shall be supported by a statement of the Bidders experience as of recent date on the form entitled "Bidder's General Information." bound herein. Except as otherwise provided under • Public Contract Code §20103.5, no Bid for the Work will be accepted from a contractor who does not hold a valid . conoactor's license in the State of California for the classifications named In the Notice Inviting Bids at the time of opening Bids. • 3. DISQUALIFICATION OF BIDDERS - More than one Bid from an individual, firm, partnership, corporation, or • association under the same or different names will not be considered.If the Owner believes that any Bidder Is Interested • in more than one Bid for the Work contemplated, all Bids in which such Bidder Is interested will be rejected. If the • Owner believes that colluslon exists among the Bidders,all Bids will be rejected. • 4, BIDDER'S EXAMINATION OF CONTRACT DOCUMENTS AND THE SITE- . (a) It Is the responsibility of each Bidder before submitting a Bid to examine the Contract Documents thoroughly; visit the site to become famlllar with local conditions that may affect cast, progress, or performance of the • Work; consider federal,state, and local laws and regulations that may affect cost,progress, or performance of • the Work; study and carefully correlate the Bidder's observations with the Contract Documents;and notify the Procurement& Contracting office of the City of Palm Springs of all conflicts, errors, or discrepancies noted in . the Contract Documents- (b) Reference is made to the Supplementary General Conditions for identification of those reports of explorations and tests of subsurface conditions at the site which have been utilized by the Engineer in the preparation of the • Contract Documents. Although such reports are not a part of the Contract Documents, subject to the • limitations specified in Article 4.2 of the General Conditions the Bidder may rely upon the general accuracy of specified technical data contained In such reports.However, the,interpretation of such technical data, including • any Interpolation or extrapolation thereof, together with non-technical data, interpretations, and opinions . contained therein or the completeness thereof is the responsibility of the Bidder. (c) Copies of such reports and drawings will be made available for inspection by the Owner to any Bidder upon request Those reports and drawings are not part of the Contract Documents, but the technical data contained • therein upon which the Bidder is entitled to rely is limited to that set forth in the Supplementary General Conditions. • (d) Information and data reflected in the Contract Documents with respect to underground utilities at or contiguous to • the site is based upon information and data furnished to the Owner and the Engineer by the owners of such underground utilities or others, and the Owner does not assume responsibility for the accuracy or completeness • ' thereof unless it is expressly provided otherwise in the Supplementary General Conditions or the Section entitled "Protection of Existing Facilities"of the technical specifications. • (e) Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface . conditions, underground utilities and other physical conditions, and possible changes In the Contract Documents due to differing conditions appear in Article 4.2 of the General Conditions of the Contract • (f) Before submitting a Bid,each Bidder must at Bidder's own expense,make or obtain any additional examinations and . investigations which pertain, to the physical conditions (surface, subsurface, and underground utilities) at or contiguous to the site or otherwise which may affect cost, progress, or performance of the Work and which the • Bidder deems necessary to determine its Bid for performing the Work in accordance with the time,price,and ether . terms and conditions of the Contract Documents. J.O.J Highland Unity Center Cenral Access-Point Fence INSTRUCTIONS TO BIDDERS • • • • • • • • • (g) Where feasible,upon request in advance,the Owner will provide each Bidder access to the site to conduct such investigations and tests, as each Bidder deems necessary for submittal of a Bid. The Bidder shall fill all • exploration and test holes made by the Bidder and shall repair damage, clean up, and restore the site to its • former condition upon completion of such exploration. (h) The lands upon which the Work into be performed, the rights-of-way and easements for access thereto, and . other lands designated for use by the Contractor in performing the Work are Identified In the Contract . Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by the Contractor, Easement for permanent structures or • permanent changes in existing structures will be obtained and paid for by the Owner unless otherwise provided . in the Contract Documents. (i) The submittal of a Bid will constitute an Incontrovertible representation by the Bidder that the Bidder has complied . with every requirement of this Article 4; that without exception the Bid Is premised upon performing the Work • required by the Contract Documents and such means, methods, techniques, sequences, or procedures of mruwttlan as may be indicated in or required by the Contract Documents;and that the Contract Documents are . sufficient in scope and detail to Indicate and convey understanding of all the terms and conditions for performance of . the Work. • S. INTERPRETATIONS - REQUESTS FOR INFORMATION -All questions, technical or otherwise, about the meaning or intent of the Contract Documents are to be directed to the Procurement&Contracting office of the City of • Palm Springs In writing only via email to the attention of Craig L Giadders, C.P.M. Procurement& Contracting . manager at Cnig.Gladders almsa•Ingstg,gpv ar by fax to(760) 323-8238. Interpretations or clarifications considered necessary by the City in response to such questions will be resolved by the issuance of Addenda mailed or delivered to all . parties recorded by the Procurement&Contracting office or the Owner as having received the Contract Documents. . Questions received less than 7 days prior to the dare of opening Bids may not be answered. Only questions that have been resolved by formal written Addenda will be binding.Oral and other interpretations or clwrfi ations will be without • legal or contractual effect, • 6. BONDS AND INSURANCE-Each Bid shall be accompanied by a certified or cashier's check or approved Bid Bond • in the amount stated in the Notice Inviting Bids.Said check or bond shall be made payable to the City and shall be given • as a guarantee that the Bidder, if awarded the Work will enter into an Agreement with the City and will furnish the necessary insurance certificates, Payment Bond, and Performance Bond. Each of said bonds and insurance certificates . • shall be in the amounts stated in the Supplementary Genenl Conditions, In case of refusal or failure of the successful . Bidder to enter into said Agreement,the,check or Bid Bond, as the case may be, shall be forfeited to the City. If the Bidder elects to furnish a Bid Bond as Its security, the Bidder shall use the Bid Bond form bound herein, or one • conforming substantially to it in form, • 7. RETURN OF BID SECURITY -Within 14 days after award of the Contract.the City will return all bid securities . accompanying such of the Bids that are not considered in making the award. All other Bid securities will be held until the • Agreement has been finally executed. They will then be returned to the respective Bidders whose Bids they accompany. • 8. BID FORM-The Bid shall be made on the Bid Schedule sheets bound herein and the pages shall not be removed from . the bound volume. All bid items shall be properly filled out.Where so indicated in the Bid Documents,Bid price shall be shown in words and figures, and any conflict between the words and figures, the words shall govern The envelope . enclosing the sealed bids shall be plainly marked in the upper left-hand corner with the name and address of the Bidder and shall bear the words"BID FOR,"followed by the title of the Contract Documents for the Work the name of the" • CITY OF PALM SPRINGS JAMES O.JESSIE DESERT HIGHLAND UNITY CENTER CENTRAL ACCESS . -POINT FENCE"the address where the bids are to be delivered or mailed to, and the date and hour of opening of • bids. 9. SUBMITTAL OF BIDS-The Bids shall be delivered by the time and to the place stipulated in the Notice Inviting Bids. It Is the Bidder's sole responsibility to see that its Bid is received in proper time. Bids will not be accepted after the appointed time for opening of bids,no rnatrer what the reason, • 10. DISCREPANCIES IN 81D$-In the Gwent that there is mare than one Bid Item in the 81d Schedule,the Bidder shall • furnish a price for all Bid Items In the schedule,and failure to do so will render the Bid as non-responsive and may cause • J.OJ Highland Unity Center Central A m-Point Fenn INSTRUCTIONS TO BIDDERS • • • • • • • its rejection.In the event that there are unit price Bid Items In a Bid Schedule and the"amount"indicated for a unit price • Bid Item does not equal the product of the unit price and quantity listed,the unit price shall govern and the amount will be corrected accordingly, and the Contractor shall be bound by such correction, subject to the provisions of Section • 5100 et seq.of the California Public Comma Code.In the event that there Is more than one Bid Item in a Bid Schedule • and the total Indicated for the schedule does not agree with the sum of prices Bid on the individual items,the prices bid on the Individual items shall govern and the total for the schedule will be corrected accordingly,and the Contractor shall . be bound by said correction,subject to the provisions of Section 5100 et seq.of the California Public Contract Code. • If. QUANTITIES OF WORK- • (a) The quantities of work or material stated in unit price Items of the Bid are supplied only to give an Indication of • the general scope of the Work;the Owner does not expressly or by implication agree that the actual amount of work or material will correspond therewith. • (b) In the event of an Increase or decrease in a bid item quantity of a unit price contract,the total amount of work • actually done or materials or equipment furnished shall be paid for according to the unit prices established for such work under the Contract Documents; provided, that on unit price contracts, increases of more than 25 • percent,decreases of more than 25 percent, and eliminated items shall be adjusted as provided in Article 10 of • the General Condidons. 12. WITHDRAWAL OF BID- The Bid may be withdrawn by the Bidder by means of a written request, signed by the Bidder or its properly authorized representative. Such written request must be delivered to die place stipulated in the Notice Inviting Bids prior to the scheduled closing time for receipt of Bids. • 13. MODIFICATIONS AND UNAUTHORIZED ALTERNATIVE BIDS - Unauthorized conditions, limitations, or • provisos attached to the Bid will render it informal and may cause its rejection as being non-responsive.The completed • Bid forms shall be without interlineagons, alterations, or erasures. Alternative Bids will not be considered unless expressly called for in the Notice Inviting Bids. Oral, FAX, telegraphic, or telephone Bids or modifications will not be • considered. • 14. LIQUIDATED DAMAGES-Provisions for liquidated damages,if any,shall be as set forth in the Agreement and the • provisions of the Technical Specications for 'Beginning and Completion of the Work" in Section entitled Summary of • Work • 15. SUBSTITUTE OR "OR-EQUAL" ITEMS -The Bid, H awarded, will be on the basis of materials and equipment • described in the Drawings or specified in the Technical Specifications. Whenever it Is indicated in the Drawings or specified in the Technical Specification that a substitute or"or-equal"Item of material or equipment may be furnished or • used by the Contractor 9 acceptable to the Architect, application for such acceptance will not be considered by the . Architect until after the EHectIve Date of the Agreement The procedure for submittal of Any such application by the Contractor and consideration by the Architect is set forth in Section entitled:"Submittals"of the Technical Specifications . (Section 0I300). • I6. AWARD OF CONTRACT- Award of Contra" if it is awarded, will be based on the lowest overall cost to the • Owner,and will be made to a responsive, responsible Bidder whose Bid complies with all the requirements prescribed. • Unless otherwise specified,any such award will be made within the period stated In the Notice Inviting Bids that the Bids are to remain open,unless extended by mutual agreement of the bidden.Unless otherwise indicated,a single award will • not be made for less than all the Bid Items of an individual Bid Schedule. • 17. EXECUTION OF AGREEMENT-The Bidder to whom award Is made shall execute a written Agreement with the • Owner on the form of agreement provided,shall secure all insurance,and shall furnish all cerdficates and bonds required . by the Contract Documents within 15 calendar days after receipt of the Agreement forms from the Owner. Failure or refusal to enter Into an Agreement as herein provided or to conform to any of the stipulated requirements In connection therewith shall be just cause for an annulment of the award and forfeiture of the Bid Security.N the lowest responsive, • responsible bidder refuses or fails to execute the Agreement the Owner may award the Contract to the second lowest responsive, responsible Bidder. If the second lowest responsive, responsible Bidder refuses or fails to execute the • Agreement, the Owner may award the Contract to the third lowest responslve, responsible Bidder. On the failure or • J.D.J Highland Unity Center Central Access-Point Fence INSTRUCTIONS TO BIDDERS • • • • • • • • • refusal of such second or third lowest Bidder to execute the Agreement. each such bidder's Bid Securities shall be likewise forfeited to the Owner. • i Is. WORKER'S COMPENSATION REQUIREMENT-The Bidder should be aware that in accordance with laws of the State of California,the Bidder will,if awarded the Contract be required to secure the payment of compensation to • its employees and execute the Worker's Compensation Certification. • • END OF INSTRUCTIONS TO BIDDERS i • • • • • i • i • • • • • • • r • • • • • • • • • • • J.O.J Highland Unity Center Cenral A¢ess—Point Fence INSTRUCTIONS TO BIDDERS • • • • • • • CITY OF PALM SPRINGS • JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER • CENTRAL ACCESS - POINT FENCE • . SPECIFICATIONS • • PART 11 - BIDDING AND AGREEMENT DOCUMENTS • • Bid Forms • Bid . Bid Schedule Non-collusion Affidavit • Bidders General Information • Affirmative Action Program Certificate • General Conditions of the Contract • Agreement and Bonds • Agreement Form • Worker's Compensation Certificate • Payment Bond . Certificate of Insurance • • • • • • • • • • • • • • • . I.O.I Highland Unity Center Central Access—Point Fence CONTENTS PART I I • • 0 • • • • BID FORMS • • Only the following listed documents, identified in the lower right corner as 'Bid Forms" and reproduced on colored paper, shall be fully executed and submitted with the Bid at the time of opening of Bids. • • Bid i Bid Schedule • Non-collusion Affidavit • Bidder's General Information • • Affirmative Action Program . General and Supplementary Conditions of the Contract • • Failure of a Bidder to fully execute and submit all of the listed documents with the Bid may render a Bid as non-responsive and subject to rejection. • • • • • i • • • • • • • • • J.O.J Highland Vnity Center Central Access-Pain[Fence COVER$HEFT 61P FORMS i • i • • • • • BID • BID TO- CITY OF PALM SPRINGS, CALIFORNIA • The undersigned Bidder proposes and agrees,if this Bid Is accepted,to enter Into Agreement with the Owner In die form included In die Contract Documents(as defined in Article 4 of the Agreement)to perform the Work as specified or indicated in said Contract Documents • entided: • CITY OF PALM SPRINGS JAMES O.JESSIE DESERT HIGHLAND UNITY CENTER • CENTRAL ACCESS—POINT FENCE, IFB 10-05 • Bidder accepts all of the terms and conditions of the Comma Documents,including without limitation those in the Notice Inviting Bids and • Instructions to Bidders,dealing with the disposition of the Bid Security. • Thls Bid will remain open for the period stated in the Notice Inviting Bids unless otherwise required by law. Bidder will enter into an • A9__meet within the time and in the manner required in the Insuvuions to Bidders.and will furnish the Insurance certificates, Payment • Bond,and Permits required by the Contract Dotume . Bidder has examined copies of all the Contract Documents Including the following Addenda(recelpt of which is hereby ackrwwledged): • Number............................... Date - �- • Number Date • • Number Date • Number Date . Bidder has familiarized itself with the nature and extent of the Contract Documems,die Work.die site,the locality where the Work Is to • be performed,the legal requirements (federal,state,and local laws,ordinances,rules, and regulations),and the conditions affecting cost progress or performance of the Work and has made such independent investigations as Bidder deems necessary. • . In Conformance with current statutory requirements of California Labor Code Section 1860,et seq.,the undersigned confirm the following as its certification: • 1 am aware of the provisions of Section 3700 of the Labor Code which require every employer to be Insured against liability for worker's compensation or to undertake self Insurance In • accordance with the provisions before commencing the performance of the work of this • contract. . To all the foregoing, and including all Bid Schedule(s), List of Subcomracwrs, Nan-collusion Aftavl6 Purchase Order for Assigned • Contact eiddees General Information, and Bid Bond contained in these Bid Forms, said Bidder further agrees to complete the Worts required under the Conuact Documents within the Contract Time stipulated in said Contract Documents,and to accept In full payment • therefore the Comma Rice based on the Lump Sum or Una Bid Price(s)named in the afore-mentioned Bidding Sduedule(s)- • Dated: • Bidder: By- • (Signature) • Tide: • • • . f.O.J Highland Unity Center Central Access-Point Fencc BID BID FORMS • • • • • • • BID SCHEDULE • • Lump Sum Price for Construction of • • CITY OF PALM SPRINGS JAMES O.JESSIE DESERT HIGHLAND UNITY CENTER • CENTRAL ACCESS- POINT FENCE, IFB 10.05 • • In Palm Springs, California • Item Description • • • I. SCOPE OF WORK DESCRIBED IN THE PLANS AND SPECIFICATIONS • The work shall include but be limited to: installation of(2)fences(North and South), (2)gates (North and South),point access, (1) electrified hardware control access system for South gate, • (1) electrified alarm system for North gate, and various other and appurtenant work- TOTAL BID PRICE, BID SCHEDULE: • For the lump sum of • • (Price in figures) • • • (Price in words) • (In case the words and figures above do not match,the words shall govern and the figures shall be disregarded) • The undersigned hereby proposes to furnish all labor, materials, equipment and methods • necessary for constructing all Work specified,all in strict accordance with these Contract • Documents, at the bid price and the Contract Completion Schedule set forth hereafter. The undersigned also acknowledges that bid price include sales tax and all other applicable • taxes and fees. • Name of Bidder or Firm • • • • • • • • J.D,J Highland Uniq Center Central Access-Pant Fence BID SCHEDULE • 811)FORMS • • • • • • • • NON-COLLUSION AFFIDAVIT • TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID • • State of California County of • • • I, being first duly sworn, deposes and says that he or she is of the party making the • foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, • partnership, company, association, organization, or corporation;that the bid is genuine and not collusive or • sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or • sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or . anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement communication, or conference with anyone to fix the • bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, • or of that of any other bidder, or to secure any advantage against the public body awarding the contract of • anyone interested in the proposed contract, that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or • the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to • any corporation, partnership, company association, organization, bid depository, or to any member or • agent thereof to effectuate a collusive or sham bid. • • Bidder • • By • Title • • Organization Address • • • • • • J.O.J Highland Unity Center Central Aotess-Paint Fence NON-COLLUSION AFFIDAVIT BID FORMS • • • • • • BIDDER'S GENERAL INFORMATION • . The Bidder shall furnish the following information. Failure to complete all Items may cause the Bid to be • non-responsive and may cause its rejection. • I. BIDDER/CONTRACTOR'S Name and Street Address' • • • • • 2. CONTRACTOR'S • • Telephone Number: ( ) • Facsimile Number ( ) • Email Address: • 3. CONTRACTOR'S License: Primary Classification State License Number(s) • Supplemental License Classifications • Federal Employer Identification Number(FEIN) • 4. Surety Company and Agent who will provide the required Bonds on this Contract: • Name of Surety • Address • • • • Surety Company Agent • Telephone Numbers: • Agent( ) Surety( ) • • S. Type of Firm (Individual, Partnership or Corporation): • 6. Corporation organized under the laws of the State of: • 7. List the names and addresses of the principal members of the firm or names and titles of the • principal officers of the corporation or firm: • • • • • J.OJ Highland Unity Center Central Access-Paint Fence BIDDER'S GENERAL INFORMATION • BID FORMS • • • • • • • • BIDDER'S GENERAL INFORMATION CONTINUED • B. How many years experience as a contractor in this specific type of construction work 9. List at least three related projects completed to date: • a. Owner Address • Contact Class of Work Phone Contract Amount • Project Date Completed • b. Owner Address • Contact Class of Work • Phone Contract Amount Project Date Completed e Owner Address . Contact Class of Work • Phone Contract Amount Project Date Completed 10. List the name and tide of the person who will supervise full-time the proposed work for your firm: • • 11 Is full-time supervisor an employee or contract services ? • 12. A financial statement or other information and references sufficiently comprehensive to permit an • appraisal of your current financial condition may be required by the Architect • • • • • J.O.J Nghland Unity Center Central Acceu-Point Fence BIDDER'S GENERAL INFORMATION . BID FORMS • • • • • • • . CERTIFICATE OF BIDDER REGARDING . AFFIRMATIVE ACTION PROGRAM. • • The Bidder hereby certifies that he or she is in compliance with the Civil Rights Act of 1464, . Executive Order No. 11246, The California Fair Employment Practices Act, and all other . applicable Federal and State laws and regulations relating to equal opportunity employment. • . 8ldder's Name: • Address • • Name and Tide of • Signer: • • • • • Signature and bate • • • • The above certification of the Bidder regarding its affirmative action program shall be filled out . completely, signed, and submitted by each Bidder, and shall be a part of the Contract Documents. • • • • • • • • • • • • J.O.J,Highland Vnley Center antral Access-Point Fence AFFIRMATIVE ACTION PROGRAM • BID FORMS • • • • • • • • AGREEMENT • . THIS AGREEMENT made this day of In the year 2010,by and between the City of Palm Springs,a Charter City,organized and existing in the County of Riverside,under and by virtue of the • laws of the State of California,hereinafter designated as the City. and . hereinafter designated as the CONTRACTOR. • The City and the Contractor,In consideration of the mutual covenants hereinafter set forth,agree as follows: • ARTICLE 1 -THE WORK The Contractor shall complete the Work as specified or indicated under the Bid Schedules) of the Citys Contract Documents . entitled: • CITY OF PALM SPRINGS . JAMES O.JESSIE DESERT HIGHLAND UNITY CENTER . CENTRAL ACCSS-POINT FENCE,IFB 10-05 • The work shall Include but be Ilmhed to: I. Installation of(2)fences(North and South),(2)gates(North and South),paint access,(1)electrified hardware control . access system for South gate,(1)electrified alarm system for North gate,and various other and appurtenant work. • 2. All work deserlbed above to occur in the City of Palm Springs fames O.Jessie Desert Highland Unity Center,480 Tramview Read,Palm Springs,CA. • • ARTICLE 2-COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City and • the Work shall be fully completed within the time specified In the Notice to Proceed. • The City and the Conaactor recognize that time is of the essence of this Agreement and that the City will suffer financial loss if the • Work is not completed within the time specified in Article 2,herein,plus any extensions thereof allowed in accordance with Article • 12 of the General Conditions,They also recognize the delays,expense,and difficulties involved in proving in a legal proceeding the actual loss suffered by the City h the Work is not completed on time.Accordingly,instead of requiring any such proof,the City and . the Contractor agree that as liquldned damages or delay (but not as a penalty) the Cormactor shall pay the City the sum of • $250.00 each calendar day that expires after the time specified In Article 2,herein. S ARTICLE 3-CONTRACT PRICE The City shall pay the Contractor for the completion of the Work In accordance with the Contract Documents In current funds the Contact Prices)named in the Cpnaacmr's Bid and Bed Schedule. • ARTICLE 4-THE CONTRACT DOCUMENTS • The Contract Documents consist of. Notice Inviting Bids, Instructions to Bidders,the Schedule of Values, List of Subcontractors, • Non-Collusion Affidavit,Bidder's General Information,this Agreeme%Workers Compensation Certificate,Payment Bond,Notice of Award, Notice to Proceed, Notice of Completion,General Conditions of the Contact.Supplementary General Conditions of • the Contract,Technical Specifications, Drawings listed in The Schedule of Drawings In the Supplementary General Conditions or . on the Cover Sheet of the Drawings,Addenda numbers to ,inclusive, and all Change Orders,and Work . Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto. . ARTICLE 5-PAYMENT PROCEDURES . The Contractor shall submit Applications for Payment In accordance with Article 14 of the General Conditions and the Supplementary General Conditions.Applications for-Payment will be processed by the Engineer or the Owner as provided in the • General Conditions. • ARTICLE 6-NOTICES • J.O.J.Highland Unity Center Central Access-Point Fence AGREEMENT FORM • AGREEMENT AND BONDS • • • • • • • • • Whenever any provision of the Contract Documents requires the giving of written notice,it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, . or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the • Notice. . ARTICLE 7_MISCELLANEOUS Terms used in this Agreement which are defined in Article I of the General Conditions and Supplementary General Conditions will • have the meanings indicated in said General Conditions and Supplementary General Conditions.No assignment by a party hereto of • any rights under or interests in the Contract Documents will be binding on another party hereto without the written Consent Of . the party sought to be bound;and specifically but Without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless . specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from . any duty or responsibility under the Contract Documents. • The Owner and the Contractor each binds itself, its partners,successors, assignees, and legal representatives to the other party hereto,its partners,successors,assigns,and legal representatives in respect of all covenants,agreements,and obligations contained • In the Con Documents- IN WITNESS WHEREOF, the Owner and the Contractor have caused this Agreement to be executed the day and year first • above written. • ATTEST:CITY OF PALM SPRINGS,CALIFORNIA • • BY . City Clerk • APPROVED AS TO FORM: • BY . City Ammey . Daze • . CONTENTS APPROVED: • • BY . City Manager . Dace • • CONTRACTO& • . (✓one:_individual,---parronershlp,,,__ cprporadon) • BY • (NOTARIZED) . Prim Name and Title: . J.O.J.Highland Unity Center Central Access-Point Fence AGREEMENT FORM AGREEMENT AND BONDS • • • • • • • • • By . (NOTARIZED) • Print Name and Tide: • • . Mailing Address: • Date • • (Corporations require two signatures:one from each of the following groups: A.Chairman of Board,President,or any ice President AND B.Secretary,Assistant Secretary.Treasurer,Assistant Treasurer,or Chief Financial Offlcer). • • End of Signatures • • • • • • • • • • • • • • i • J.0).Highland Unity Center Central Ae ess—Point Fence AGREEMENT FORM AGREEMENT AND BONDS • • • • • • • • • WOIRKER'S COMPENSATION CERTIFICATE • (AS REQUIRED BY SECTION 1861 • OF THE CALIFORNIA LABOR CODE) • • 1 am aware of the provisions of Section 3700 of the Labor Code that require every employer to be insured • against liability for worker's compensation or to undertake self-insurance in accordance with the provisions • of that code, and I will comply with such provisions before commencing the performance of the Work of • this contract • • • Contractor: • • By Title • • • • • • • • • • • • • • • • • • • • • . J.O.J.Highland Unity center Central Aaws-Poir(%Fence WORKER'S COMPENSATION CERTIFICATE AGREEMENT AND BONDS • • • • • • • • • PAYMENT BOND . KNOW ALL MEN BY THESE PRESENTS, • That as Contractor, • And as Surety, are held firmly bound unto the City of Palm Spring's James O.Jessie Desert Highland Unity Center,a charter owner,organized and . existing in the County of Riverside,State of California,hereinafter called the"City,"in the sum of. • dollars, • for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,successors,and • assigns,jointly and severally,firmly by these presents. • WHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said Owner to perform . the Work as specified or indicated in the Contract Documents entitled: • CITY OF PALM SPRINGS . JAMES O,JESSIE DESERT HIGHLAND UNITY CENTER CENTRAL ACCESS-POINT FENCE • . NOW THEREFORE, If said Contactor, its subcontractors, Its heirs, executors, administrators, successors, or assigns shall fail to pay for any materials, provisions, provender, equipment or other supplies used in, upon, for, or about the performance of the • Work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment • Insurance Code, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and Its subcontractors pursuant to Section 13020 of the • Unemployment Insurante Code with respect to such labor, all as required by the provisions of Title XV, Chapter 7, Sections • 3247.3252,Inclusive, of the Civil Code of the State of California and acts amendatory thereof,and Sections of other Codes of the State of California referred to therein and acts amendatory thereof,and provided that the persons,companies,or corpomtons so . furnishing said materials,provisions,equipment,or other supplies,appliances,or power used in,upon,for,or about performance of . the Work contacted to be executed or performed, or any person, company, or corporation renting or hiring Implements or machinery or power for,or contributing to,said work to be done,or any person who performs work or labor upon the same,or . any person who supplies both work and materials therefore,shall have complied with the provisions of said laws,then said surety • will pay the same In an amount not exceeding the sum hereinbefore set froth, and also will pay, in case suit is brought upon this bond,a reasonable attorneys fee as shall be fixed,by the Court.This Bond shall inure to the benefit of any and all persons named in . Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought . upon this bond, . PROVIDED,that any alterations in the Work to be done or the materials to be furnished,or changes in the time of completion. which may be made pursuant to the terms of said Contract Documents,shall not in any way release said Contractor or said Surety • thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said • Contractor or said Surety,and notice of said alterations or extensions of the Agreement is hereby waived by said Surety. • . SIGNED AND SEALED,this day of ,2010. • • • • . J.O.J.Highland Unity Center Central Access-Point Fence PAYMENT BOND AGREEMENT AND BONDS • • • • • • • CONTRACTOR: • (✓anc:—individual, corporation) • By • (NOTARIZED) • Print Name and Tide: By • JBum• • (NOTARIZED) • Prim Name and Title: • • (Corporations require two signatures;one from each of the fallowing groups: A Chairman of Board. Prealdem. or any Vice Presldenr' . AND S. Sea-et". Assistant Secretary, Treasurer, Assistant Treasurer.n,Chief Rnandal OBker). • • • SURETY; • • • • Title • (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY) • • • • • • • • • • • • • J.O.J.Highland Unity Center Exterior Fence PAYMENT BOND AGREEMENT AND BONDS • • • . - CERTIFICATE OF LIABILITY INSURANCE DATEMKDO YI PROWLER THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE • HOLDER, THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. • INSURERFAS AFR]R➢ING CAVERAGE • NAIRJD INSLRERA INSURER B NWREA C . INMREA A' �. �.. N RERE • COVEMGFS • THE NLICIES OF INSURN EIISTEOEELOW HAYE BEEN MED TO THE IMUR£D NAMED ABOVE MR THE POLICY PERIOD INWATE➢.NOTWITHSTANDING WY ' MQUTAFMFNT',TERM OR CONDITION OF ANY CONTRACT OR OTHER DOII NI WITH RESPECT TO WHICH THIS CERTI TE MAY BE ISSUED OR MAY FEATmK THE INSURANCE AFORDED BY THE FOUCIES DESCRIBED HENN I$"JECT 10 ALL THE TEAMS,E(CWSIONS AND CONDITIONS OF SUCH MUCIM AGGREWTE LIMITS'MOWN MAY • HAVE BEM REDUCED BY FND CWMS T FCFNF MIKYEXPIMTON • TYRE OF INW a WISCY NUNEYI owiLl snuuarvl DATE(TRVEI YT umm GENERALLIABIUTY IMNOLCUWWCE f I,OLIO,BW • A I@ COMMERCL QENERXU TV GLONBLYDO FIEDNMGE • s ❑ CLMLINpF ❑O O[M S ❑ ... PIXXMIK&A➢Y PgURY f I.AV.000 • ..MLA AECATF $'3.UBD.W] • GBtlBULAGGPEGATEIlri PHIIPSFk Mobvco-[anrvv ncc f ❑ POLICY ® FRgECT❑ LOC • . AA)fOXCNU WPIUIY ALO0.bCOW CMIBINED SINCIF UMi 8 f ®MY Ya Fa�cWrs .OE0.500 ff INFN.T All A..1 OWTRD AUT05 QFA P05ON) 5 ❑ scuRnw RS NrtO3 LmRYiupx.Y • (PEA wGGO[NTJ S ' ❑ rvlLLtl nvras MUHRYV[,n E $ • ❑ NON.OWNBI TW (Pv�mWnJ . GMGE LWeIuiY M)iO UN1.Y-NwcLIDWT $ • ❑ANYnYIo OTHER T,M ACC S AUTO ONLY A4C S • EXQGi WBILITY aryMry4 f • ACOREOATE f❑ Occw Ela.NM.MATIF S • ❑ ocoucTiRIF f . ❑ RETENTION B S • C wvRRFas roFwLTIPAnon AMo. W[NNme f Q+MarmruANUTY w.mm d.eedwx. 6.L FAAoaoerr fI DDB • we.dcww,. f I,BBg808�� F.LgiEAiP�FAEIIPLOTEE 40MW!-WslcvlMi f1,88R,800 OTHER • ADDITIONAL INSURED ENDORSEMENT-CITY OF PALM SPRINGS ADDITIONAL INSURED ENDORSEMENT-INTERACTNE DESIGN CORPORATION • CERTIFICATE HOLDER Y ADDfIgNAL INSURED;NSURFA IETTFIlA CANCELLATION • YgUn Axr pn nYAwvE OfTC119Eo ra.IC1ESPF GWCFIIFO BEFORETHEEMMnON 0.ATE TIERED.TIE CARING NYIRFA MM j�DAYS VrNll"FFN NOTCE TO TIE CfATIMGn H O W A CITY OF PALM SPRINGS uAMI'n ro THFIPn. " . P.O.BOX'2741 . PALM SPRINGS,CA 92262 ATTN;Coy Clerk A THORMED RBNESENTATIVE • . ACORb 25-5(7/07) ®ACORD CORPORATION 1988 • • • f.O.J.Highland Unity Center Central Access-Point FOnce CERTIFICATE OF INSURANCE • • • • • • • • CITY OF PALM SPRINGS • JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER • CENTRAL ACCESS - POINT FENCE • SPECIFICATIONS • • • • CONDITIONS OF THE CONTRACT . General Conditions of the Contract • Supplementary General Conditions • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • CITY OF PALM SPRINGS • JAMES O.JESSIE DESERT HIGHLAND UNITY CENTER • CENTRAL ACCESS - POINT FENCE • GENERAL CONDITIONS OF THE CONTRACT Articl • . • • I Definitions I • 2 Preliminary Matters 5 • 3 Contract Documents: Intent,Amending, and Reuse 6 4 Availability of Lands; Subsurface and Physical Conditions; • Reference Points 8 • 5 Bonds and Insurance II • 6 The Contractor's Responsibilities 14 7 Other Work 18 • 8 The Owner's Responsibilities 19 • 9 The Engineers Status during Construction 19 • 10 Changes in the Work 21 • 11 Change of Contract Price 22 • 12 Change of Contract Time 26 13 Warranty and Guarantee;Tests and Inspections; • Correction, Removal,or Acceptance of Defective Work 27 • 14 Payments to the Contractor and Completion 29 • I5 Suspension of the Work and Termination 35 16 Dispute Resolution 36 • 17 Miscellaneous 37 • 18 California State Requirements 37 • • • • • • • • • • • J.O.J.Highland Unity Center Exterior Fence PAYMENT BOND City Project No,04-05 AGREEMENT AND BONDS•PAGE 2 • • • • - • GENERAL CONDITIONS OF THE CONTRACT • ARTICLE I DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have die meanings Indicated • which are applicable to both the singular and plural thereof: • Addenda-Written or graphic instruments issued prior to the opening of Bids,which make changes,additions,or deletions to the • Bid Documents. • Agreement-The written contract between the Owner and the Contractor covering the Work to be performed:other Contract • Documents are attached to the Agreement and made a part thereof as provided therein. • Application for Payment-The form accepted by the Engineer which is to be used by the Contractor in requesting progress or • final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. • Architect-Reference in drew documents to Engineer shall be deemed w mean the Architect of the City of Palm Springs. • . Asbestos-Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. • • Beneficial Use or Occupancy-Placing all or any portion of the Work In service for the purpose for which it is intended(or a related purpose)before reaching completion for all of the Work. • • Bid•The offer or proposal of the bidder submitted on the prescribed form setting forth the price or prices for the Work to be performed. - Bidding Documents-The Novice Inviting bids,Instructions to Bidders.the 81d Form and the accompanying Bid Schedules or Bid • Sheets, List.of Subcontractors, Non-Collusion Affidavit Bidder's General Information, Affirmative Action Program, and the • proposed Contract Documents(Including all Addenda issued prior to receipt of Bids). • Bidding Requirements-The Notice Inviting Bids,Instructions to Bidders,and the Bid Form and the accompanying Bid Schedule . or Bid Sheets,List of Subcontractors,Non-Collusion Affidavit,Bidder's General Information,Affirmative Action Program. • Bonds- Payment bonds and other security Instruments that protect the Owner against financial loss due to inability or refusal of • the Contractor w perform its Contract • Change Order-A document recommended by the Engineer which is signed by the Contractor and the Owner and authorizes an • addition to,deletion from,or revision of In the Work or an adjustment in the Contract Price or the Contract Times,Issued on or after the Effective Date of the Agreement - • Owner-The CITY of Palm Springs,or any subdivision thereof,herein referred m as the CITY,with whom the CONTRACTOR has entered Into the Agreement and for whom the Work is to be provided. - . Completion - Completion of the Work shall be the date of such acceptance of the Work by the Owner, as provided under California Civil Code Section 3086. - . Consultant-The firm andfor their designated representatives acting under contract to the Owner,acting on behalf of the City of Palm Springs as their authorized representative within the scope of authority defined in their contract with the Owner - Contract Documents- Unless otherwise defined In the Agreement or Supplementary General Conditions, the Contract Documents shall comprise the Notice Inviting Bids,Instructions to Bidders,the prevailing rate of per diem wages as determined by . the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule, List of Subcontractors, Noncollusion Affidavit, Bidders General Information, Affirmative Action Program, the Agreement, Worker's Compensation Certificate,Performance Bond,Payment Bond,Notice of Award.Notice to Proceed,Notice of Completion,General Conditions of • J.O,I Highland Unity Center Central Access-Point fence CONDITIONS TO THE CONTRACT GENERAL CONDITIONS . PAGE I - - • • • the Contract,Supplementary General Conditions,Technical Specifications,Drawings,and all Addenda,Change Orders,and Work • Change Directives executed pursuant to the provisions of the Contract Documents,together with all Feld Orders and Engineer's • written interpretations and clarifications issued pursuant to Article 3.4 and paragraphs 3.4b.1 and 3.4b3 on or after the Effective . Date of the Agreement. Shop Drawing submittals approved pursuant to Article 6.12 and paragraphs 6.12c and the reports and • drawings referred to In paragraphs 42a.1 and 4,2b.2 are NOT Contract Documents. Contract Price -The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract • Documents as stated in the Agreement(subject to the provisions of paragraph 14,1 Ib in the case of Unit Rice Work). Contract Times-The number of successive calendar days as stated in the Contract Documents for the completion of the Work • to achieve Substantial Completion and so that it is ready for final payment as evidenced by the Engineers written recommendation • of final payment In accordance with Article I I and paragraph 14.1 Ib. • Contract Unit Price-The price quoted by the Bidder for performing or furnishing each item of work w be paid for on the basis • of unit prices. • Contractor'The person,firm,or corporation with wham the Owner has entered into the Agreement • Contractor's Project Representative—Contractor's representative for the project through whom all matters addressed to • the Contractor regarding the project shall be directed.This individual and the Owner's,the Engineers,or the Consultant's Project • Representative shall be the only two (2) indNlduals who shall have the authority to provide direction lreceive authorization on . matters pertaining to the Project Cost of Work-The tens Cost of Work(determined as provided in Articles 11,2, 113 and 11.4.herein)shall mean the sum of all costs necessarily incurred and paid for by the Contractor for labor, materials, and equipment In the proper performance of the Work,plus the Contractors fee for overhead and profit(determined as provided in Article 1 I.Z, herein) (referred to in Caltrans • Standard Specifications as"Force Account"work). • Day-A calendar day of 24 hours,measured from midnight to the next midnight. . Daily Work Reports-Cost isolation reports detailing all costs of extra work,disputed work, emergency work,or other work • paid for on a force account basis and the cost of other operations.A record of daily costs separate and distinct from the daily costs . of other work on the project for whlch a contract price has been established. • Defective Work-An adjective,which when modifying the word Work,refers to Work that is unsatlsfaccory,faulty,or deficient . in that it does not conform to the Contract Documents, or that does not meet the requirements of any inspection, reference standard,test,or approval referred to in the Contract Documents, or has been damaged prior to the Engineer's recommendation . of final payment(unless responsibility for the protection thereof has been assumed by Owner at the time of Substantial Completion . in accordance with Artlele 14.7 or 10). • Drawings/Contract Drawings-The drawings,plans,maps,profiles,diagrams,and other graphic representations which show the location, nature,extent and scope of the Work to be furnished and performed by Contractor and which have been prepared or approved by Engineer and are referred to in the Contract Documents.Shop drawings are NOT Drawings or Contract Drawings as . so defined, . Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if no such date is • indicated it shall mean the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. . End of Contract-The End of the Contract shall be identified as being that day when the Work should be completed based upon . the predefined contract period as indicated in the Contract Documents plus any time extensions granted by the Owner, Engineer-The Engineer shall mean the Owner's Architect of the City of palm Springs or his authorized representative. • • ).OJ Highland Unity Center Central Access—Point Pence CONDITIONSTOTHECONTRACT • GENERAL CONDITIONS • PAGE . • • • • • • Engineer's Estimate-On unit-price contracts,the Engineer's estimate shall comprise the list of estimated quantities and prices • of the Individual line items of work to be performed as contained in the Bid SchedWe(s).On lump4 m projects, the Engineer's • estimate shall mean estimated contract price of the completed project. • Field Order-A written order issued by the Engineer which orders minor changes in the Work in accordance with Article 9.5 but • which does not Involve a change in the Contract Price or the Contract Times. • Final Payment- Final payment shall be the last progress payment, less any specked retainage, authorized after completion and • acceptance of the Work by the Owner In accordance with the provisions of California Civil Code Section 3086(c). Release of retainage cannot be made until 30 to 45 days after acceptance of the Work and recording of a Notice of Completion by the • Owner. • General Requirements-Sections of Divlslon I of the Technical Specifications. Hazardous Waste -The term Hazardous Waste shall have the meaning provided In Scctlon.2S 117 et. seq, of the California Health and Safety Code. RCRA hazardous waste shall have the meaning provided In Section 25120.2 of the California Health and • Safety Code,and Section 1004 of the Solid Waste Disposal Act(42 USC Section 6903)as amended from time to time. • Liquidated Damages-The dollar amount per day specified In the Agreement that the Contractor shall pay to the Owner for • each and every day that the Work remains incomplete following the date of Completion speed in the Contract Documents. • liens — Mechanics lien, stop notice, or bond right or any right against labor, services, equipment, or material furnished in • connection with any project in which the claimant has bond or lien rights as defined In California Civil Code 3262. • Notice of Award -The written notice by the Owner to the apparent successful bidder stating that upon compliance with the. • conditions precedent enumerated therein,within the time specified,the Owner will enter into an Agreement. . Notice of Completion -The legal document fled by the Owner with the Riverside County Clerk after the project has been • accepted by the Owner,the City of Palm Springs.This document begins the notification period when those firms or Individuals who have submitted a Preliminary Notice for the project will be on notice that the project has been accepted as complete by the • Owner. • Notice to Proceed-A written notice Issued by the Owner to the Contractor(with a copy to the Engineer)fixing the date on . which the Contract Times will commence to run authorizing the Contractor to proceed with the Work and establishing the date of • commencement of the Contact Time,and on which the Contractor shall start to perform the Contractor's obligations under the Contract Documents. • • Owner-The City of Palm Springs,or any subdivision thereof,herein referred to as the Owner,with whom the Contractor has entered into the Agreement and for whom the Work Is to be provided. Partial Utilization•Use by the Owner of a substantially completed part of the Work for the purpose for which it is intended(or a related purpose) prior to Substantial Completion of all the Work, A written Notice of Pardal Utilization will be issued to the • Contractor when such occurs. • RCRA Hazardous Waste - The term RCRA hazardous waste shall have the meaning provided in Section 25120.2 of the • CalRornia Health and Safety Code. • Project-The total construction of which the Work to be provided under the Contract Documents may be the whole,or a part • as indicated elsewhere in the Contract Documents. • Project Representative-The person named in the Supplementary General Conditions as the authorized representative of the • Owner, or the Engineer, or the Consultant who may be assigned to the site or any part thereof. AN liaisons between the . Contactor and the Owner shall be dlracted through the Project Representative. • j,O.J Highland Ifnlry Center Central Access—Point Fence CONDITIONS TO THE CONTRACT • GENERAL CONDITIONS PAGE 3 • • • • • • Radioactive Material - Source, special nuclear, cr byproduct material as defined by the Atomic Energy Act of 19S4 (42 USC Section 2011 et seq.)as amended from time to time. Resident Project RepresentadvelProject Representative-(See Project Representative) • • Samples-Physical examples of materials,equipment,or workmanship that are representative of some portion of the Work and • which establish the standards by which such portion of the Work will be judged. Schedule of Values - Cost value of individual Work activities comprising a lump sum contract; A breakdown of a lump sum • project Into unit values to serve as a basis for estimating the value of the Work completed to fadlltate the making of progress payments to the Contractor.The unit values in a schedule of values are for convenience only,and are not intended for the purpose • of pricing change orders. • Shop Drawings•All drawings,diagrams.illustrations,schedules,and other data or information which are specifically prepared or . assembled by or for the Contractor and submitted by the Contractor to illustrate some portion of the Work and all illustrations, • brochures, standard schedules, performance charts, Instructions, diagrams, and other information prepared by a supplier or manufacturer and submitted by the Contractor to Illustrate material or equipment for some portion of the Work- Specifications-Those portions of the Contract Documents consisting of all of Part I:Notice Inviting Bids,Instructions to • Bidders, Bid Fonms, Agreement, Bonds, and Certificates; Part II: General and Supplementary General Conditions of the Contract • Part III General Labor Standards and Part V:Technical Specifications consisting of the written technical descrlprlons of materials, • equipment, construction systems,methods, standards,and workmanship as applied to the Work and certain administrative details applicable thereto. . Standard Specifications - The Standard Specifications, where applicable, shall be as identified In the Supplernemary General • Conditions. • Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor or with any other • Sub-Contractor for the performance of a part of the Work at the site. • Substantial Completion -Refers to the Work (or a specified part thereof) that has progressed to the point where, in the • opinion of the Engineer, and as evidenced by Engineers definitive recommendation to the Owner that the Work is sufficiently • complete, in accordance with the Contract Documents, so that the Work(or specified part)can be utilized for the purposes for which it is intended.The terms"Substantial Completion and"substantially complete'and"substantially completed"as applied to any • Work shall mean Substantial Performance of the Contract,hereunder,as defined in Black's Law Dictionary,Revlsed Fourth Edition, • West Publishing Company. • Supplementary General Conditions-The pare of the Contract Documents that amends or supplements or makes additions, • deletions,or revisions to these General Conditions. Supplier-A manufacturer, fabricator, retailer, wholesaler supplier, distributor, materialman, or vendor having a direct mrnract • with the Contractor or with any subcontractor to furnish materials or equipment to be Incorporated in the Work by the Contractor or any subcontractor, • Technical Specifications-The technical sections of the Specifications,comprising all of the Sections contained in Part III of the v • Specifications defined herein. • Underground Facilities-All plpelines,conduits,ducts,cables,wires,manholes,vaults,tanks,tunnels,or other such facilities or • attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following • services or materials: electric, water, sewage and drainage removal,gases, steam, liquid petroleum produces,telephone or other • communications,cable television,traffic,or other systems. Unit Price Work-Work to be paid for on the basis of unit prices for the various work items.The bid price for each pay line • item in a unit-price bid shall be the product of the unit price bid for each item, multiplied by the actual quantities of such items J.O.J Highland Unity Center Central Access-Point Fance CONDITIONS TO THE CONTRACT". • GENERAL CONDITIONS • PAGE • • • • • • • placed.In case of conflict or error between the unit price and the extended product,the unit price shall prevail and the extension • corrected. • Work-The entire completed construction or the various separately Identifiable parts thereof requlmd to be furnished under the • Contract Documents.The Work Includes and is the result of performing services,or furnishing labor,and performing or furnishing . services and furnishing documems,all as required by the Contract Documerm. . Work Change Directive - A written directive to the Contractor, issued on or after the Effective Date of the Agreement and . signed by the Owner and recommended by the Engineer,ordering immediate commencement of work an an addition,deletion,or revision of in the Work or responding to differing or unforeseen physical conditions under which the Work Is to be performed or to emergencies as provided in the Contract Documents.A Work Change Directive may not be used to as provided in Articles 4.2, . 4.3, and 4.4 or to emergencies under paragraph 6,10e.A Work Change Directive will not change the Contract Price nor or the Contract Time,but shall be evidence that the parties expect that the change directed or documented by a Work Change Directive • will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the • Contract Price or Contract Times as provided in paragraph 10.1 b. • ARTICLES-PRELIMINARY MATTERS . 2.1 Delivery of Bonds: When the Contractor delivers the execumd Agreements to the Owner, the Contractor shall also deliver to the Owner such • Bonds and Insurance policies or certificates as the Contractor may be required to furnish in accordance with Article 5.1. • 2.2 Copies of Documents: . The Owner shall furnish to the Contactor up to 5 copies(unless otherwise specfied in the Supplementary General Conditions)of the Contract Documents as are reasonably necessary for the execution of the Work,Additional copies will be furnished, upon • request,at the cost of reproduction, • 2.3 Commencement of Contract Times;Notice to Proceed: • The Contract Times shall Commence to run on the day indicated.in the Notice to Proceed or,6 no Notice to Proceed is issued,on • the thirtieth day after the Effective Date of the Agreement • 2.4 Starting the Project: • A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective • Date of the Agreement,whichever dace is earlier. • 2.5 Starting the Work; ® The Contractor shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be • done at the site prior to the date on which the Contract Times commence to run. 2.6 Before Starting Construction: • a. Before undertaking each part of the Work the Caro ctor shall carefully review the Contract Documents and check all . applicable field measuremerm.The Contractor shall promptly report in writing to dhe Engineer any conflict,error,ambigulee, or discrepancy which the Contractor may discover and shall obtain a written interpretation or clarification from the Engineer • before proceeding with any Work affected thereby;however,the Contractor shall not be liable to the Owner or the Engineer for failure to report any conflict,error,ambiguity,or discrepancy in the Contract Documents,unless the Contractor knew or • reasonably should have known thereof. • b. Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), • Contractor shall submit to the Engineer for review: . I. A preliminary progress schedule Indicating the times(numbers of days or dares)for starring and completing the Work • 2. A,preliminary schedule of Shop Drawing and Sample submittals that will list each required submittal and the times for . .submitting,reviewing and processing such submittal; • J.OJ Hllhland Unity Center Central Access-Point fence CONDITIONS TO THE CONTRACT • GENERAL CONDITIONS • PAGE • • • • • 3. On lump sum contracts, a preliminary schedule of values for all of the Work which will include quantities and prices of • items aggregating the Contract Price and will subdivide the Work into component parts in sufllclent detail to serve as the • basis for progress payments during construction.Such prices will include an appropriate amount of overhead and profit . applicable to each item of Work • C. Within 15 calendar days after receipt of Agreement forms from the Owner, the Contractor shall deliver to the Owner, . certificates of Insurance(and other evidence,of insurance which the Owner or any additional Insured may reasonably request) which the Contractor is required to purchase and maintain in accordance with Articles 5.3,5.4 and S.S. • 2.7 Pre-construction Conference: • Before any Work at the site is started,a conference attended by the Contractor,the Engineer,and others as appropriate will be • held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Article 2.6, . procedures for handling Shop Drawings and other submittals, processing Applications for Payment and maintaining required records, • 2.0 Initially Acceptable Schedules: • Unless otherwise provided in the Contract Documents,at lost 10 days before submission of the first Application for Payment a • conference attended by the Contractor, the Engineer, and others as appropriate will be held to review for acceptability to the • Engineer as provided below the schedules submitted in accordance with Article 2.6.The Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to the • Contractor until the schedules are submitted to and are acceptable to the Engineer as provided below.The construction schedule will be acceptable to the Engineer as providing an orderly progression of the Work to completion and within the Contract Times, but such acceptance will neither Impose on the Engineer the responsibility for the sequencing,scheduling,or progress of the Work • nor interfere with or relieve the Contractor from the Contractor's full responsibility therefore.The Contractor's schedule of Shop • Drawirhg and Sample submissions will be acceptable to Engineer as providing a workable arrangement for reviewing and processing the required submittals.The Contractor's Schedule of Values,where required hereunder,shall be acceptable to Engineer as to form • and substance. • ARTICLE 3-CONTRACT DOCUMENTS:INTENT,AMENDING,REUSE • 3.1 Contract Documents: The Contract Documents comprise the entire agreement between the Owner and the Contractor concerning the Work. The • Contract Documents are complementary;what is called for by one Is as binding as if called for by all.The Contract Documents will • be construed In accordance with the laws of the place of tine Project • 3.2 Intent . It Is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed In accordance with the Contract Documents.Any Work materials,or equipment that may reasonably be inferred from the Contract • Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called.for.When words or phrases that have a well-known technical or construction industry or trade meaning are used m describe Work, materials, or equipment,such words or phrases shall be Interpreted in accordance . with that meaning.Clarifleations and interpretations of the Contract Documents shall be as issued by the Engineer as provided in Article 9.4. • 3.3 Reference to Standards and Speufrcations of Technical Societies;Reporting and Resolving Discrepmeles: a Reference to standards,specifications,manuals,or codes of any technical society,organization or association,or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest • standard,specification,manual,code,or Laws or Regulations in effect at the time of opening of Bids(or,on the Effective Date . of the Agreement If there were no Bids),except as may be otherwise-specifically stated in the Contract Documents. • b. If, during the performance of the Wore. Contractor discovers any conflic6 error, ambiguity, or discrepancy within the . Contract Documents,or between the Contract Documents and any prevision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual, yr code or of any Instruction of any Supplier, the . Contactor shall report it to the Engineer In writing at once, and the Contractor shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.10e) until an amendment or supplement to the Contract J.O.J Highland Unity Center Central Access-Point Fence CONDITIONS TO THE CONTRACT • GENERAL CONDITIONS • PAGE . • • • • • • Documents has been issued by one of the methods indicated in Article 3-4.provided, however, that the Contractor shall not • be liable to the Owner or the Engineer for failure to report any such conflict, error, ambiguity or discrepancy unless the. Contractor knew or reasonably should have known thereof • C. Except as Otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement • thereto Issued by one of the methods indicated in Article 3.4, the provisions of the Contract Documents shall take precedence In resolving any conflict,error,ambiguity,or discrepancy between the provisions of the Contract Documents and: • • 1. The provisions of any such standard,specification,manual,code;or instruction(whether or not specifically incorporated • by reference In the Contract Documents);or • 2. The provisions of any such Laws or Regulations applicable to the performance of the Work(unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).' • • d. No provision of any wch standard, specification, manual, code, or instruction shall he effective to change the dudes and responsibilities of the Owner, the Contractor, or the Engineer, or any of their subcontractors, consultants, agents, or • employees from those set forth in the Contract Documents,nor shall it be effective to assign to the Owner,the Engineer or • any of the Engineers Consultants, agents, or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility Inconsistent with the provisions of paragraph • 9.9 or any other provision of the Contract Documents. • e. Whenever in the Contract Documents the terms"as ordered,""as directed," "as required," "as alkrwed;' "as approved,"or • terms of like effect or import are used,or the adjectives"reasonable,"Nulrable.""acceptable," "proper;or"satisfactory or • adjectives of like effect or import are used to describe a requirement,direction,review,or judgment of the Engineer as to,the Work.it is intended that such requirement,direction,review,or judgment will be solely to evaluate,in general,the completed • Work for compliance with the requirements of and information In the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or Indicated In the Contract Documents(unless there is a • specific statement indicating otherwise).The use of any such term or adjective shall not be effective to assign to the Engineer • any duty or authority to supervise or direct the furnishing or performance of the Work or any ditty or authority to undertake responsibility contrary to the provisions of Article 9.9 or any other provision of the Contract Documents • • 3.4 Amending and Supplementing Contract Documents: a. The Contract Documents may be amended after execution of the Agreement to provide for additions,deletions,and revisions • in the Work or to modify the terms and conditions thereof In one or more of the following ways: 1. By formal Written Amendment • •. 2. By Change Order,(pursuant m paragraph 10,1 d),or • 3. By Work Change Directive.(pursuant to paragraph 10.1 a). b. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the • Work may be authorized,In one or more of the following ways: • I. By Field Order(pursuant to Article 9.5), • • 2. By the Engineer's approval of a Shop Drawing or Sample(pursuant to Article 6.12,or • 3. By the Engineer's written interpretation or clarification(pursuant to Artide 9.4). • 3.5 Order of Precedence of Contract Documents: • a In resolving disputes resulting from conflicts, errors, omissions, ambiguities, or discrepancies in any of the Contract • Documents,unless otherwise provided in the Supplementary General Conditions,the order of precedence shall be as follows: • J.O,j Highbnd Unity Center Cenral Access-Pant Fenn CONDITIONS TO THE CONTRACT • GENERAL CONDMONS • PAGE 7 • • • • • I. Change Orders or Work Change Directives 2. Agreement 3. Addenda 4. Contractors Bid(Bid Forms) 5. Supplementary General Conditions • 6. Notice Inviting Bids 7. Instructions to Bidders 8. General Conditions of the Contract . 9. Technical Specifications • 10. Contract Drawings 11, Referenced Standard Specifications • 12. Referenced Standard Drawings • b. With reference to the Drawings the order of precedence shall be as follows; . I. Figures govern over scaled dimensions • 2. Detail drawings govern over general drawings • 3. Addenda or Change Order drawings govern over Contract Drawings • 4. Contract Drawings govern over standard drawings S. Contract drawings govern over shop drawings • 3.6 Reuse of Documents: • The Contractor and any subcontractor or Supplier or ocher person or organization performing or furnishing any of the Work • under a direct or Indirect contract with the Owner, (i),shall not have or acquire any tide to or ownership rights in any of the • Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of the Engineer or the Engineer's Conuultan4 and(ii)shall not reuse any of such Drawings, Specifications,or other documents(or copies of arty thereof) • prepared by or bearing the seal of the Engineer or the Engineer's Consultant, and (iii), shall not reuse any of such Drawings, • Specifications,other documents or copies on extensions of the Project or any other project without written consent of the Owner and the Engineer and specific written verification or adoption by the Engineer. • ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE • POINTS • 4A Availability of Lands: The Owner will furnish,as Indicated in the Contract Documents,the lands upon which the Work is to be performed,rights-of-way • and easements for access thereto, and such other lands which are designated for the use of Contractor, The Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment;provided,that the Contractor shall not enter upon nor use any property not under the control of the Owner until • a written temporary construction easement agreement has been executed by the Contractor and the property owner,and a copy of said easement furnished to the Engineer prior to said use;and neither the Owner nor the Engineer shall be liable for any claims or damages resulting from the Contractors unauthorized trespass or use of any such properties. • 4.2 Subsurface and Physical Conditions: • a. Reports and Drawings;Reference is made to the Supplementary General Conditions for Identification of, I. Subsurface Conditions:Those reports of explorations and tests of subsurface conditions at or contiguous to the site that • have been utilized by the Engineer in the preparation of preparing the Contract Documents;and • 2. . Physical Conditions:Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous w the site(except Underground Facilities) that have been utilized by the Engineer in preparing the Contract Documents, • b. The Contractor may rely upon the general accuracy of specked"technical data" contained In such reports and drawings, but • such reports and drawings are not Contract Documents. Such "technical data" is specifically identified in the Supplementary • General Conditions.Except for such reliance on such specified"technical data,"the Contractor may not rely upon nor make any claim against the Owner,the Engineer,nor any of the Engineers Consultants with respect to: J.O.J Highland Unity Center Central Access—Point fence CONDITIONS TO THE CONTRACT • GENERAL CONDITIONS • PAGE • • • • • • • L The completeness of such reports and drawings for the Contractor's purposes:or • 2- Other data, interpretations,opinions,and information contained in such reports or shown or indicated in such drawings; or • . 3. Any Contractors interpretation of or concluslon drawn from my 'technical data' or any such dam, Interpretations. Opinions,or information. • c. Existing structures: Reference Is made to the Supplementary General Conditions for identification of those drawings of physical conditions In Or relating to existing surface and subsurface structures (except Underground Utilities referred to in • Article 4.4, herein)which are at or contiguous to the site that have been utilized by the Engineer in the preparation of the . Contract Documents, • 4.3 Differing Site Condidons: • a. If the CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: • I. Subsurface or latent physical conditions at the site of the Work differing materially from those indicated, described, • delineated in the Contract Documents,or 2. Is of an unusual nature,and differs materially from conditions ordinarily encountered and generally recognized as Inherent in work of the character provided for In the Contract Documents:then: • b. The Contractor, promptly after becoming aware thereof and before further disturbing conditions affected thereby or • performing any Work in connection therewith,shall notify the Owner and the Engineer In writing about such condldon.The . Contractor shall not further disturb such Conditions or perform any Work in connection therewith until receipt of written • order to do so. c. In each such case,an increase or decrease in the Contract Price or an extension or shortening of the Contract Time,or any combination thereof,will be allowable to the extent that they are attributable to any such difference. • d. The Contractor shall not be entitled to any adjustment In the Contract Price or Times If: I. The Contractor knew of the existence of such conditions at the time the Contractor made a final commitment to the . Owner in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract;or 2. The existence of such condition could reasonably have been discovered or revealed as a result of any examination, • imestigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for the Contractor prior to the Contractor's making such Mal commlunenti • or • 3. The Contractor failed to give the written notice within the time and as required by paragraph 4.3b. • • e. If the Owner and the Contractor are unable to,agree on entitlement to or as to the amount or length of any such equltable adjustment in the Contract Price or Contract Times, a claim may be made therefore as provided in Articles 11 and 12, However,the Owner,the Engineer and the Engineers Consultants shall not be liable to the Contractor for any claims,costs, . losses or damages sustained by the Contractor on or In connection with any other project or anticipated project • f. The Contractors failure to give written notice of differing site conditions within 5 days of their discovery or before they are . disturbed shall constitute a waiver of all claims in connection therewith,whether direct or consequential In nawre. • 4.4 Reference Points: a The Engineer will provide one bench mark,near or on the site of the Work,and will provide 2 points near or on the site from which the Contractor may establish a base line for alignment control.Unless otherwise specified in the General Requirements • J.O.J Highland Unity Center Central Aetess-Point force CONDMONS TO THE CONTRACT GENERAL CONDITIONS PAGE • • • • • • of the Technical Specifications, the Contractor shall furnish all other lines, grades, and benchmarks required for proper • execution of the Work, • b. The Contractor shall be responsible for laying out the Work,shall protect and preserve the established reference points and • shall make no changes or relocations without the prior written approval of the Owner.The Contractor shall report to the Engineer whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or . locations, and/or relocation because of necessary changes in grades or locations, and shall be responsible for the accurate placement or relocation of such reference points by professlonally quallfied personnel. 4Z Hazardous Waste • a. As provided In Article 18.17.herein,in any public works contact of the Owner which involves digging of trenches or other • excavatlons that extend deeper than 1.2 meters(4 feet)below the surface,the Contractor shall promptly, and before the • following conditions are disturbed,notify the public entity,in writing,of any: • 1. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the • California Health and Safety Code that is required to be removed to a Class 1, Class It. or Class III disposal site In accordance with the provisions of existing law. • 2. Subsurface or latent physical conditions at the site differing from those indicated. • 3. Unknown physical conditions at the site of any unusual nature,different materially from those ordinarily encountered and • generally recognized as inherent in work of the character provided for in the Contract. • b. The public entity 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 far,performance of any part of the Work shall issue a Change Order under the procedures described in the Contract • c. That in the event that a dispute arises between the public entity and the Contractor whether the condtions materially differ, • or involve hazardous waste, or cause a decrease or increase in the Contractors cost of. or the time required for, performance of any part of the Work,the Contractor shall not be excused from any scheduled wmpletion date provided for • by 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 pertain to the resolution of disputes and protests between the contracting . parties. • 4.6 Asbestos,PCBs,Petroleum,Hazardous Waste or Itadloacdve Material: a. The Owner will be responsible for any Asbestos, PCBs, Petroleum,Hazardous Waste or Radioactive Material uncovered or . revealed at the site which was not shown or indicated in Drawings or Specifications or Identified in the Contract Documents m be within the scope of the Work and which may prmem a substantial danger to persons or property exposed thereto in • connection with the Work at the site.The Owner shall not be responsible for any such materials brought to the site by the . Contractor,its subcontractors,Suppliers,or anyone else for whom the Contractor is responsible. b. The Contractor shall Immediately: (1) stop all Work in connection with such hazardous condition and in any area affected thereby(except in an emergency as required by paragraph 6.10e),and(II)notify the Owner and the Engineer(and thereafter confirm such notice in writing).The Owner shall promptly consult with the Engineer concerning the necessity for the Owner • to retain a qualified expert to evaluate such hazardous condition or take corrective action,If any.The Contractor shall not be • required to resume Work in connection with such hazardous condition or In any such affected area until after the Owner has obtained any required permits related thereto and delivered to the Contractor special written notice: (I)specifying that such • condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely.If the Owner and the Contractor cannot agree as to entitlement to or the amount or extent of an adjustment if any, in Contract Price or Contract Times as a result of such Work stoppage • or such special conditions under which Work is agreed by,the Contractor to be resumed, either party may make a claim therefore as provided in Articles I I and 12. • • J.O.J Highland Unity Center Central Access—Point Fence WNDMONS TO THE CONTRACT GENERAL CONDITIONS PAGE le • • • • • • . c. If after receipt of such special written notice the Convector does not agree to resume such Work based on a reasonable belief it Is unsafe,or does not agree to resume such Work under such special conditions, then the Owner may order such portlen of the Work that is in connection with such hazardous condition or in such affected area to be deleted from the Work,If the Owner and the Contractor cannot agree as to 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 the Work, then either party may make a claim . therefore as provided In Ardeles I I and 12. The Owner may have such deleted portion of the Work performed by the Owners own forces or others in accordance with Article 7. • • d. To the fullest extent permitted by Laws and Regulations, the Owner shall indemnify and hold harmless the Contractor, its subcontractors,the Engineer,the Engineers Consultants,and the officers,directors,employees,agents,other consultants and • subcontractors of each and any of them from and against all clalms,costs, losses and damages arising our of or resulting from • such hazardous condition, provided that (I) any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destrucdon of tangible property (other than the Work itself), including the loss of use resulting there from, and (ii)nothing in this paragraph 44d shall obligate the Owner to indemnify any person or entity from . and against the consequences of that person's or entity s own negligence. • e. The provisions of Article 4.2 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive . Material uncovered or revealed at the site. • ARTICLE 5-BONDS AND INSURANCE . 5.1 Payment and Other Bonds: a. Upon receiving a Notice of Award, the Contractor shall furnish Payment Bonds, each in the amount set forth in the • Supplementary General Conditions as security for the faithful performance and payment of all the Contractors obligations • under the Contract Documents.If required under the Supplementary General Conciltions,a Correction and Repair Bond shall be provided for all Work said Correction and Repair Bond shall cover a period of not less than one year and shall be by a • separate surety company,Where a separate Correction and Repair Bond is not required,the Payment Bond shall be written . to remain in effect at least until one year after the date of Substantial Completion/Notice of Completion as applicable,except a5 otherwise provided by Law or Regulation or by the Contract Documents.; provided, that after the date of Substantial • Completion/Notice of Completion, as appllc able,the amount of said Performance Bond,at the discretion of the Owner,may be reduced to the amount set forth in the Supplementary General Conditions.The premiums for all such bonds shall be paid • by the Contractor. b. If the surety an any Bond furnished by the Contractor is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Work is located, or it ceases to meet the requirements of Article S.I, the Contractor shall within 7 days thereafter substitute another Band and surety, both of which must be acceptable to the . Owner. • 5.2. Licensed Sureties and Insurers;Cerdflcatas of Insurance: . a. All Bonds and insurance required by the Contract Documents to be purchased and maintained by the Owner or the Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in • .which the Project is located to issue Bonds or insurance policies for the limits and coverages so required.Such surety and Insurance companies shall also meet such addidonal requirements and qualifications as may be provided in the Supplementary. General Condlclons,or required by law, whichever is greater, and shall endorse the Groner, the Engineer; and the Owner's • Consultants for the project as additional insured" All insurance shall be maintained continuously during the life of the • Agreement up to the date of Substantial Completion tNotice of Completion,as applicable,pursuant to acceptance of the Work by the Owner,but the Contractor's liabilities under this Agreement shall not be deemed limited in any way to the insurance . coverage required. • b. The Contractor shall furnish the Owner with certificates showing the type, amount lass of operations covered effective . dates and dates of expiration of policies for each of the following listed insurance coverages.In addition,each parry named as . an additional insured shall be provided with an original copy of the policy endorsement naming them as an additional insured (subject to any customary exclusion in respect of professional liability) under the Contractor's policies of insurance required . under the Contract All of the policies of insurance so required to be purchased and maintained(or the certificates or other . evidence thereof)shall contain a provision or endorsement that the coverage afforded will not be canceled,materially changed, . J.O,J H*hland Unity Center Cenual Access-Point Fence CONDTIONS TO THE CONTRACT GENERAL CONDITIONS . PAGE I I • • • • • or renewal refused until at least 30 days' prior written notice has been given to the Owner by Certified Mail. All such . insurance shall remain In effect until the date of Substantial Completion and at all times thereafter when the Convacmr may be correcting, removing or replacing defective work in accordance with paragraph 13.4d, herein. In addition,the Insurance required herein (except for Worker's Compensation and Employer's Liability) shall name the Owner, the Engineer, the . Owners Consultants for the project and their officers,agents,and employees as"additional insureds"under the policies! I. This insurance shall protect the Contractor, the Owner, the Engineer, and the Owners Consultants for the project against all claims under applicable stain Workers • Compensation laws. The Contractor shall also be protected against claims for Injury,disease, or death of employees . that,for any reason, may not fall within the provisions of a Worker's Compensation law,This policy shall Include an "all states" endorsement The Contractor shall require each subcontractor similarly to provide Worker's • Compensation Insurance for all of the Tatter's employees to be engaged in such work unless such employees are • covered by the protection afforded by the Contractor's Worker's Compensation Insurance. In case any class of employees is not protected under the Workers Compensation statute,the Contractor shall provide and shall cause • each subcontractor to provide adequate employer's liability insurance for the protection of such of its employees as • are not otherwise protected, • 2. Comprehensive General LIals"Wc This insurance shall be written in comprehensive form and shall protect the . Contractor,the Owner,the Engineer,and the Owners Consukants for the project against all claims arising from injuries to persons other than its employees or damage m the property of the Owner or others arising out of any act or • omission of the Contractor or Its agents, employees,or subcontractors,whetter It Is to be performed or furnished by Contractor,any subcontractor or Supplier, or by anyone directly or Indirectly employed by any of them to perform or furnish any of the Work,or by anyone for whose acts any of them may be liable.The policy shall also include protection • against clalms, Insured by customary personal Injury liability coverage, a "protective liability" endorsement to insure the • contractual liability assumed by the Contractor under the indemnification provisions of the General Conditions. To the extent that the Contractors work, or work under its direction, may require blasting, explosive conditions, or • underground operations, the comprehensive general liability coverage shall contain no exclusions relative to blasting • explosion,collapse of buildings,or damage to underground structures. 3. Coinprobenslya Automobile Liabili This Insurance shall be written in comprehensive form and shall protect the Contractor and the Owner and the Engineer against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles,Said insurance shall cover the operation onshe or ofhite of all . motor vehides licensed for highway use whether they are owned,non-owned,or hired. • 4. - The Contractor shall either require each of its subcontractors m procure and to maintain subcontractors Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and In the amounts specified in the Supplementary General • Conditions or insure the activities of Its subcontractors in the Contractors own policy in like amount • S. Ruilder's Risk This insurance shall be of the"all risk"type, and unless otherwise specified In the Supplementary General • Cmetions,shall be written in completed value form,and shall protect the Contractor,the Owner,the Engineer,and the . Owners Consultants'for the project against risks of damage to buildings,structures,and materials and equipment.The amount of such insurance shall be not less than the Insurable value of the Work at completion. Builders Risk Insurance shall provide for losses to be payable m the Contractor,the Owner,the Engineer,and the Owner's Consultants as their . interests may appear.The policy shall contain a provision that in the evert of payment for any loss under the coverage provided,the insurance company shall have no rights of recovery against the Contractor, the Owner,the Engineer,and • the Owners Consultants. The Builder's Risk policy shall insure against all risks of direct physical lass or damage to • property from any external cause including flood and earthquake.Allowable exclusions,if any,shall be as specified in the Supplementary General Conditions. • c. The original or a certified copy of each insurance policy and endorsements thereto shall be deposited with the Owner prior to • execution of the Agreement.Specific language of the policy shall be subject to approval of the Owner_ . S.3 Policy Requirements: • J.OJ Highland Unity Center Central Access-Point Fegcn CONDITIONS TO THE CONTRACT GENERAL CONDITIONS PAGE 12 • • • • • • a The Insurance provided by the Contractor hereunder shall be (1) with companies licensed to do business In the state of • California, (2) with companies with a Bese5 Financial.Rating of Al or better, and (3) with companies with a Beses General Policy Pollcyholders Rating of not less than A,except that in case of Workers Compensation Insurance, participation in the State Fund,where applicable,is acceptable. • . b. Insurance policies required hereunder which are required w have the Owner,the Engineer,and the Owners Consultants for the project named as additional insured shall,(1)include a provision that the policies are primary and do not participate with nor are excess over any other valid and collectible inwrance, (2)include a waiver of subrogation against the Owner,in agents and • employees,(3)for Builders All Risk Insurance,provide for deductible amounts not exceeding 5 percent of the Insurable values of the Work of the Contractor for the perils of all risks of physical loss or damage to the Work temporary buildings,false work . and Work In transit and shall insure against at least the following perils fire, lightning, extended coverage, theft,vandalism and malicious mischief,earthquake,flood,and acts of God as defined In Public Contract Code Section 7105.and claims for damages because of bodily Injury or death of any person or property damage arising out of the ownership, maintenance or use of any . motor vehicle. • 5.4 Liability Insurance: • In Addition to the insurance required to be provided by the Contractor under Article 5.2,the Owner,at the Owners option,may • purchase and maintain at the Owners expense the Owners awn liability insurance as will protect the Owner against claims which may arise from operations under the Contract Documents. 5.5 Property Insurance: The Owner shall not be responsible for purchasing and maintaining any property insurance to protect the Interests of the . Contractor,subcontractors or others in the Work to the extent of any deductible amounts that are Identified In the Supplementary Conditions. The risk of loss within such Identified deductible amount will be borne by the Contractor, subcontractor or others • suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts,each may purchase ® and maintain it at the purchasers own expense. • 5.6 Waiver of Rights: . a The Owner.and the Contractor intend that all policies purchased in accordance with Article 5.5 will protect the Owner, the Contractor, subcontractors, the Engineer, the Engineers Consultants and all other persons or entities identified In the • Supplementary Conditions to be listed as Insureds or additional Insureds in such policies and will provide primary coverage for all losses and damages mused by the perils covered thereby.All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against my of the insureds or additional . insureds thereunder.The Owner and the Contractor waive all rights against each other and their respective officers,directors, employees and agents for all losses and damages Caused by,arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work;and,in addition,waive all such rights against subcontractors, • the Engineer, the Engineer's Consultants and all other persons or entities identified in the Supplementary Conditions m be • listed as insureds or additional Insureds under such policies for losses and damages so caused.None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by the Owner as trustee . or otherwise payable under any polity so Issued. • b. In addition,the Owner waives all rights against the Contractor,subcontractors,the Engineer, the Engineers Consultants and • the officers,directors,employees and agents of any of them,for. • 1. loss due to business interruption,loss of use or other consequential loss extending beyond direct physical loss or damage to the Owners property or the Work mused by, arising out of or resulting from fire or other peril,whether or not insured by the Owner;and 2, loss or,damage to the completed Project or part thereof caused by,arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by the Owner during partial utilization pursuant to Article 14.8, after substantial completion prrsuant to Article 14.7 or after final payment • pursuant to Article 14.11. • • j.OJ Highland Unity Center Central Access-Point Force CONDITIONS TO THE CONTRACT GENERAL CONDITIONS . PAGE 13 • • • • • c Any insurance policy maintained by the Owner covering any loss,damage or consequential loss referred m in this paragraph . 5.6b shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the :Insurers will have no rights of recovery against any of the Contractor,subcontractors,the Engineer,the Engineers Consultants .. and the officers,directors,employees and agents of any of them. • 5.7 Receipt and Application of Insurance Proceeds a. Any Insured loss under the policies of insurance required by Article 5.5 will be adjusted with the Owner and made payable to the Owner as fiduciary for the insureds,as their Interests may appear,subject to the requirements of any applicable mortgage • clause and of paragraph 5.7b.The Owner shall deposit in a separate account any money so received,and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced,the moneys so received applied on account thereof and the Work and the cost thereof • covered by an appropriate Change Order or Written Amendment b. The Owner as fiduciary,shall have power to adjust and settle any loss with the insurers unless one of the parties in interest • shall object in writing within fifteen days after the occurrence of loss to the Owners exercise of this power.If such objection Is made,the Owner as fiduciary,shall make settlement with the insurers in accordance with such agreement as the parties In interest may reach.,If no such agreement among the parties in interest is reached, the Owner as fiduciary, shall adjust and • settle the loss with the Insurers and,if required in writing by any parry in interest,the Owner as fiduciary, shall give bond for the proper performance of such duties. 5.8 Acceptance of Bonds and Insurance;Option to Replace: If either party(the Owner or the Contractor)has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to, be purchased and maintained by the other party in accordance with Article 5 on the basis of nonconformance with the Contract Documents,the objecting party shall so notify the other party in.writing.within ten days after . receipt of the certificates (or other evidence requested) required by paragraph 2.6c. the Owner and the Contactor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request If either party does not purchase or maintain all of the Bonds or insurance required of such party by the Contract Documems, such party • shall notify the other party in writing of such failure to purchase prior to the start of the Work,or of such failure to maintain prior to art/ change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain . equivalent Bonds or Insurance to protect such other pam/s interests at the expense of the Contactor,such Insurance in the name of the Contractor,or subcontractor,as the Owner may deem proper and may deduct the cost of taking out and maintaining such • Insurance from any sums which may be found or become due m the Contractor under this Contract party who was required to provide such coverage,and a Change Order shall be issued to adjust the Contract Price accordingly. . 5.9 Partial Utilization-Property Insurance: If the Owner finds it necessary m occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work,such use or occupancy may be accomplished in accordance with Article 1 A,B;provided that no such use or Occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in whiting effected any changes in coverage necessitated thereby.The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permltted to lapse on account of any such partial use or occupancy. . ARTICLE 6-THE CONTRACTORS RESPONSIBILITIES • 6.1 Supervision and Superintendence: The Contactor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. The Contractor shall be solely responsible for the means, methods, techniques, sequences, and,procedures of constru Ldon, but the • Contactor shall not be responsible for the negligence of others In the design or selection Specification of a specific means,method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the contact documents. The Contractor shall be responsible to see that the completed Work complies accurately with the Contact • Documents. • 6.2 Labor,Materials and Equipment: . f.OJ Highland Unity Center Central Aaeat-Point Fence CONDITIONS TO THE CONTRACT GENERAL CONDITIONS PAGE IA • • i • • • • a. The Contractor shall provide competent,suitably qualified personnel to survey,lay out and construct the Work as required by • the Contract Documents. Except in connection with as otherwise required for the safety or protection of persons or the • Work or property at the site or adjacent thereto,and except as otherwise Indicated In the Contract Documents,all Work at the site shall be performed during regular working hours, and the Contractor will not permit overtime work or the • perkirmarice of Work on Saturday,Sunday,or any legal holiday without the Owner's written consent given after prior written . notice to the Engineer.If the Contractor performs any work after regular working hours,or on Saturday.Sunday,or any legal holiday,it shall pay the Owner any additional cost Incurred by the Owner as a result of such work. • b. Unless otherwise specked in the Contract Documents, the General Requirements,the Contractor shall furnish and assume • full responsibility for all materials,equipment, labor, transportation, construction equipment and machinery,tools,appliances, . fuel,power,light,heat,telephone,water,sanitary facilities,temporary facilities and all other facilities,and incidentals necessary • for the furnishing,performance,testing,start-up,and completion of the Work. . 6.3 Adjusting Construction Schedule: The Contractor shall adhere to the Construction Schedule established in accordance with die provlslons of the specifications,as it may be adjusted from time to time as provided in the Contract Documents. • 6A Concerning Subcontractors,Suppliers,and Others: a. The Contractor shall be fully responsible to the Owner and the Engineer for the acts and omissions of its subcontractors and their employees to the same extent as the Contractor is responsible for the acts and omissions of its own employees_Nothing contained In this Article shall create any contractual relationship between the Owner or the Engineer and any sub-Contractor, nor shall it relieve the Contractor of any liability or obligation under the prime Contract • b. The Contractor shall be fully responsible to the Owner and the Engineer for all acts and omissions Of the subcontractors, • Suppliers,and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract • with the Contractor just as the Contractor is responsible for the Contractor's own acts and omissions. • c. The Contactor shall be solely responsible for scheduling and coordinating the Work of subcontractors,Suppliers,and other persons and organizations performing or furnishing any of the Work under a direct or Indirect contract with the Contractor, • d. All Work performed for the Contractor by a subcontractor or Supplier will be pursuant to an appropriate agreement ' between the Contractor and the subcontractor or Supplier that specifically binds the subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of the Owner and the Engineer. i . 6.5 Permits,License Fees,and Royalties: a. Unless otherwise provided in the Supplementary General Conditions,the Contractor shall obtain and pay for all construction • permits and licenses from the agencies having,jurisdlcdom including the furnishing of Insurance and bonds if required by such . agencies. The enforcement of such requirements under this Contract shall not be made the basis of claims for addidonal . compensation.The Owner shall assist the Contractor,when necessary,in obtaining such permits and licenses.The Contractor . shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the . time of opening of Bids,or if there are no Bids,cn the E-ikedve Date of the Agreement.The Contractor shall pay all charges of utility owners for connections to the Work. • . b. The Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the Incorporation In the Work of any7nvendon,design,process,product,or device which is the subject of patent rights or • copyrights held by others. • c. The Contractor shall indemnify and hold harmless the Owner from and against all claims, damages, losses, and expenses (including attorneys fees and court and arbitration costs)arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the Incorporation In the Work of any of a particular invention, design,process,produce,or device not specified In the Contract Documents for use In the performance of the Work and if to the actual knowledge of the Owner or the Engineer its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by the Owner, and shall defend all such claims In connection with any alleged infringement of such rights. • j.O.j Highland Unity Center Central Access—Point Fence CONDITIONS TO THE CONTRACT . GENERAL CONDITIONS • PAGE 15 • • • i 6.6 Substitute Construction Methods or Procedures•. . If a specific means,method,technique,sequence or procedure of construction Is shown or indicated in and expressly required by the Contract Documents,the Contractor may furnish or utilize a substitute means,method,technique,sequence or procedure of construction acceptable to the Engineer.The Contractor shall submit sufficient information to allow the.Engineer, in the Engineer's • sole discretion,to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents, . 6.1 Laws and Regulations: . a. The Contactor shall observe and comply with all federal, state, and local laws, ordinances, codes, orders, and regulations which in any manner affect those engaged or employed on the Work the materials used In the Work or the conduct of the Work. . b, The Contractor shall give all notices and comply with all laws and Regulations applicable to furnishing and performance of the • Work.Except where otherwise expressly required by applicable laws and Regulations, neither the Owner nor Engineer shall be responsible for monitoring the Contractor's compliance with any Laws or Regulations. c. If the Contractor performs any Work knowing or having reason to know that It is contrary to laws or Regulations, the Contractor shall bear all claims,case,losses and damages caused by,arising out of or resulting there from. . 6.8 Taxes: The Contractor shall pay all sales,consumer,use,and other similar taxes required to be paid by the Contactor in accordance with the laws and Regulations of the place of the Project that are applicable during the performance of the Work 6.9 Use of Premises: . The Contractor shall confine construction equipme%the storage of materials and equipment and the operations of workers to(1) . the Project site,(2)the and land and areas Identified In and permitted by the Contract Documents,and(3)the other land and areas Permitted by Laws and Regulations, rights-af+way, permits and.easements.The Contractor shall not unreasonably encumber the premises with construction equipment or other materials or equipment. the Contractor shall assume full responslblllry for any • damage to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas comlgdous thereto, resulting from the performance of the Work.Should any claim be made against the Owner by any such owner or occupant because of the performance of the Work,the Contractor shall promptly attempt to settle with such other parry by agreement negotiation . or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law.The Contractor shall,to the fullest extent permitted by Laws and Regulations, Indemnify and hold the Owncr harmless,the Engineer, the Engineer's Consultant and anyone directly or indirectly employed by any of them from and against all claims,damages,losses,and expenses(including,but not limited to, fees of Engineers, architects, attorneys, and other professionals and court and arbitration costs) arising directly, indirectly, or consequently out of any costs, losses and damages arising out of or resulting from any claim or action, legal or i equitable,brought by any such owner or occupant against the Owner,or other party against the Owner to the extent based on a claim arising out of such owner or occupant against the Owner, the Engineer, or any other party indemnified hereunder m the extent caused by or based upon the Cot a ctor's performance of the Work 6.10 Safety and Protection: i a. During the progress of the Work the Contactor shall keep the premises free from accumulations of waste materials,rubbish • and other debris resulting from the Work.At the completion of the Work the Contractor shall remove all waste materials, rubbish and debris from and about the premises as well as all tools,appliances, construction equipment and machinery, and . surplus materials.The Contractor shall leave the site clean and ready for occupancy by the Owner at Substantial Completion • of the Work. The Contractor shall restore to original condition all property not designated for alteration by the Contract Documents. b. The Contractor shall not load nor permit any par of anry structure to be loaded In any manner that will endanger the structure, not shall the Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it . c. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in . connection with the Work. The Contactor shall take all necessary precautions for the safety of, and shall provide the necessary protection m prevent damage,injury,or loss. j.O.j HOland Unity Center Cmtal A.ccess'-Point Fence CONDITIONS TO THE CONTRACT GENERAL CONDITIONS PAGE 16 . • • • d. The Contractor shall comply with all applicable Laws and Regulations (whether referred to herein or not)of any public body . having jurisdiction for the safety of persons or property or w protect them from damage,Injury or loss:and shall erect and . maintain all necessary safeguards for such Safety arid protection,The Contractor shall notify owners of adjacent property and utilities when prosecution of the work of underground facilities and utility owners when prosecution of the Work may affect . them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property.All damage, injury or loss to any property referred to In paragraph 6.10c caused, directly or Indirectly, in whole or In part, by the Contractor,any subcontractor,Supplier or any other person or organization directly or.Indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts arty of them may be liable,shall be remedied by the Contractor (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions.of the Owner or the . Engineer or the Engineer's Consultant or anyone employed by any of them or anyone for whose acts any of them may be • liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the Contractor or any . subcontractor, Supplier or other person or organization directly or Indirectly employed by any of them).the Contractor's . duties and responsibilities for safety and for protection.of the Work shall continue until w& time as all the Work is . completed and the Engineer has issued a notice to the Owner and the Contractor in accordance with Article 14.11 that the Work is acceptable(except as otherwise expressly provided in connection with Substantial Completion). . e. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, the Contractor,without special instructions from the Engineer or authorization from the Owner or the Engineer,is obligated to • act to prevent threatened damage, injury, or loss. The Contractor shall give the Engineer prompt written notice if the Contractor believes that any significant changes In the Work or variations from the Contract Documents have been caused • thereby-If the Engineer determines that a change In the Contract Documents is required because of the action taken by the . Contractor in response m such,an emergency, a Work Change Directive Change or Change Order will be issued to . document the consequences of such action. . 6.11 Record Documents: The Contractor shall maintain in a safe place at the site one record copy of all Drawings, Specifications. Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders. and written interpretations and clarifications (issued • pursuant to Article 9.3) in good order and annotated to show all changes made during construction. These'record documents together with all approved Samples and a counterpart of all approved Shop Drawings shall be available to the Engineer for • reference.Upon completion of the Work,these record documents,Samples,and Shop Drawings shall be delivered to the Engineer . for the Owner. . 6.12 Shop Drawings and Samples: • A. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements of the Technical Specifications,the Contracrtr shall submit Shop Drawing to the Engineer for review- b. The Contractor shall also have reviewed or and coordinated each shop drawing Shop Drawing or Sample With other shop drawings Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. • c. The Engineers review and approval of shop drawing or samples shall not relieve The Contractor from responsibility for any variation from the requirements of the Contract Documents unless the Contractor has in writing called the Engineers • attention to each such variation at the time of wbmission and the Engineer has given written acceptance.such notice to be in a . written communication separate from the submittal. . 6.13 Continuing the Woric. . The Contractor shall carry on the Work and adhere to the constntction schedule required to be submitted hereunder during all disputes or disagreements with the Owner. No work shall be delayed or postponed pending resolution of any disputes or . disagreements,except as permitted by Article I SA or as the Owner and the Contractor may otherwise agree in writing. 6.14 Warranty and Guarantee: . The Contractor warrants and guarantees to the Owner, the Engineer and the Engineer's Consultants that all Work will be in . accordance with the Contract Documents and will net be defective. • J.O.J Highland Unity Center Central Access-Pant Fence CONDMONS TO THE CONTRAC'r ' GENERA4 CONDITIONS • PAGE 17 • • • • 6.15 Indemnification: • a. To the fullest extent permitted by Laws and Regulations, the Contractor shall indemnify and hold harmless the Owner, the Engineer,the Engineers Consultants and the officers,directors,employees,agerrcs,and other consultants of each and any of • them from and against all claims,mm,losses,and damages defend,and hold harmless the Owner,the Engineer,the Owner's • Consultants for the project and their agents,and employees from and against all claims and liability arising under or by reason of the Contract or any performance of the Work,but not from the sole negligence or willful misconduct of the Owner or the . Engineer or the Owners Consultants for the project . b, The Contractor shall reimburse the Owner, the Engineer, and the Owner's Consultants for the project for all costs and • expmses,(including but not limited to all fees and charges of Engineers,Engineers,attorneys,and other professionals and court . costs) Incurred by said Owner,the Engineer,and the Owners Consultants for the project in enforcing the provisions of this Article, Including all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the • performance of the Work. 6.16 Assignment of Contract The Contractor shall not assign,sublet.sell,transfer,or otherwise dispose of the Contract or any portion thereof or its right,tide, . or Interest therein,or obligations thereunder,without written consent of the Owner,except as Imposed by law.If the Contractor violates this provision,the Contract may be terminated at the option of the Owner.In such event,the Owner shall be relleved of all liability and obligations to the Contractor and to its assignee or transferee,growing out of such termination. • ARTICLE 7-OTHER Work • 7.1 Related Work at Site: a.The Owner may perform other work related to the Project at the site by the Owners own forces,have other work performed . by utility owners, or let other direct contracts therefore which shall contain General Conditions similar to these, or have other • work performed by utility owners.If the fact that such other work is to be performed was net noted in the Contract Documents, written notice thereof will be given to the Contractor prior to starting any such other work • b. The Contractor shall afford each utility owner and other Contractor who is a parry to such a direct contract or the Owner,if the Owner is performing the additional work with the Owners employees), proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs.Unless otherwise provided In the Contract Oommenu the Contractor shall do all cutting,fitting,and patching of the Work that may be required to make its several parts come together . properly and Integrate with such other work.The Contractor shall not endanger any work of others by cutting,excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Engineer and the others whose work will be affected. c. if any part of the Contractor's work depends,for proper execution or results,upon the work of any such other Contractor • or utility owner(or the Owner),the Contractor shall Inspect such other work and promptly report to the Engineer in writing any delays, defects, or deficiencies In such other work that render it unavailable or unsuitable for the proper execution and • results of the Contractors Work.The Contractors failure to so to report will constitute an acceptance of such other work as fit and proper for integration with the Contractors Work except for latent or non-apparent defects and deficiencies in such other worst. ' • 7.2 Coordination: . a. If the Owner contracts With others for the performance of other work on the Project at the site,the following will be see forth . In Supplementary General Conditions: I. The person,firm or,cwporadon,or other organization who will have authority and responsibility for coordination of the . activities among the various prime Contractors will be Identified;in the Supplementary General Conditions- 2- The specific matters to be covered by such authority and responsibility will be itemized;and 3. The extent of such authority and responsibilities shall be as provided. . b. . Unless otherwise provided in the Supplementary General Conditions, neither the Owner nor the Engineer shall have sole • authority and responsibility in respect of such wordination. . J.OJ Highland Unity Center Central Access—Point Fence CONDITIONS TO THE CONTRACT GENERAL CONDITIONS PAGE Ili • • • • • • • ARTICLE 8-OWNER'S RESPONSIBILITIES • 8.1 Except as otherwise provided in these General Conditions, the Owner shall issue all communications to the Contractor . through their designated Project Representative. . 8.2 The Owner shall furnish the data required of the Owner under the Contract Documents promptly and shall make payments . to the Contractor promptly when they are due as provided in paragraphs 14.4 and 14.13. • 8.3 The Owners dupes in respect of providing lands and casements and providing engineering surveys to establish reference . points are set forth in Articles 4.1,4.2,and 4.4.The Owner shall identify and make available to the Contractor copies of reports of explorations and tests of subsurface conditions at the site and dr,-rwrngs of physical conditions in existing structures at or contiguous . to the site drat have been utilized by the Engineer in preparing the Contract Documents. • 8.4 The Owner's responsibility in respect of certain Inspections,tests,and approvals is set forth in paragraph 13Ab. 8.S In connection with the Owner's right to stop Work or suspend Work, see Articles 13.6, IS.1, and 15.2. deals with the • Owner's right to terminate services of the Contractor under certain circumstances. 8.6 The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, the Contractor's means, methods,techniques,sequences or procedures of construction or the safety precautions and programs incident thereto,or for any failure of the Contractor to comply with Laws and Regulations applicable to the furnishing or performance of the Work. The • Owner will not be responsible for the Contractor's failure to perform or furnish the Work in accordance with the Contract • Documents. • 8.7 The Owner's responsibility in respect of undisclosed Asbestos, PCBs, Petroleum,Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in Article 4.6. ARTICLE 9-THE ENGINEER'S STATUS DURING CONSTRUCTION 9A The Owner's Representative: . The Engineer will be the Owner's representative during the construction period. 9.2 Visits to Site:The Engineer or the Engineer's authorized representative will make visits to the site at intervals appropriate to the various stages of construction as the Engineer deems necessary in order to observe the progress that has been made and the quality of the various aspects of the Contractors executed Work • 9.3 Clarifications and Interpretations: • The Engineer will issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents(in the form of Drawings or otherwise)as the Engineer may determine necessary. • . 9.4 Authorized Variations In the Wank: The Engineer may authorize minor variations in the Work from the requirements of the Contract Documents which do not Involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed project as a functioning whale as Indicated by the Contract Documents.These may be accomplished by a Field Order and will be binding on the Owner and also on the Contractor,who shall perform the Work involved promptly, • • 9.5 Rejecting Defective Work: The Engineer, acting through its authorized representative,will have authority to disapprove or reject Work which the Engineer • believes to be defective, or that the Engineer believes will not produce a completed Project that conforms to the Contract . Documents or that will prejudice the integrity of the design concept of the completed Project • 9.6 Shop Drawings,Change Orders,and Payments: • The Engineer will review all the Contractor submittals, including shop drawings, samples, substitutes, or"or equar Items, etc., In accordance with the procedures set forth in Article 6.12,,inclusive,and the General Requirements of the Tedmical Sperifications. • . 9.7 Deterrninadans for Unit Prices: J,O,J Hghland Unity Cesar Central Access-Pont Pence CONDITIONS TO THE CONTRACT . GENERAL CONDITIONS PAGE 19 • • The Engineer will determine the actual quantities and classifications of Unit Price Work performed by the Contractor.The Engineer • will review with the Contractor, the Engineer's preliminary determinations on such matters before rendering a written decision • thereon(by recommendation of an Application for Payment or otherwise).The Engineer's written decision thereon will be final and • binding upon the Owner and the Contractor, unless within 10 days after the date of any such decision, either the Owner or the Contractor delivers to the other arid to the Engineer written notice of intention to appeal from the Engineer's decision, . 9A Decisions on Disputes: • a. The Engineer will be the initial Interpreter of the requirements of the Contract Documents and judge of the acceptability of . the Work thereunder. Claims, disputes,and other matters relating to the acceptability of the Work or the Interpretation of . the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles I I and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to the Engineer In • writing with a request for a formal decision in accordance with this paragraph.Written notice of each such claim, dispute, . andlor other matter shall be delivered by the claimant to the Engineer and the other party to the Agreement promptly(but in no event later than 30 days)after the start of the occurrence or event,giving rise thereto. . b. When functioning as interpreter and judge under Articles 91 or 9.0,the Engineer will not show partiality to the Owner or the • Contractor and shall not be liable in connection with any interpretation or decision rendered in good faith in such capacity. • The rendering of a decision by the Engineer pursuant to Articles 9.7 or 9.8 with respect to any such claim,dispute, or other . matter(except any which have been waived by the making or acceptance of final payment as provided In Article 14.14)will be a condition precedent to any exercise by the Owner or the Contractor of such rights or remedies as either may otherwise • have under the Contract Documents or by Laws or Regulations In respect of any such claim, dispute, or other matter pursuant to Article 16. 9.9 Limitations on the Engineers Authority and Responsibilities: a. Neither the Engineer's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by the Engineer In good faith either to exercise or not exercise such authority or • responsibility or the undertaking, exercise or performance of any authority or responsibility by the Engineer shall create, • impose or give rise to any duty owed by the Engneer to the Contractor,any subcontractor,any Supplier,any other person or organization,or to any surety for or employee or agent of any of them. . b. Whenever In the Contract Documents the terms "as ordered," "as directed,""as required," "as allowed,""as reviewed,""as approved," or terns of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable." "proper," or "satisfactory" or adjectives of like effect or Import are used to describe a requirement,direction, review, a judgment of the . Engineer as to the Work, it is intended that such requirement, direction, review, or Judgment will be solely to evaluate the Work for compliance with the Contract Documents,unless there Is a specific statement indicating otherwise.The use of arty . such term or adjective shall not be effective to assign to the Engineer any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraphs 9.9c or 9.9d,herein. c. The Engineer will not supervise,direct control or have authority over or be responsible for the Contractor's means,methods, techniques, sequences or procedures of construction, or the safety precautions and programs Incident thereto, or for any failure of the Contractor to,comply with Laws and Regulations applicable to the furnishing or performance of the Work.The Engineer will not be responsible for the Contractors failure to perform or furnish the Work in accordance with the Contract Documents. • d. The Engineer will not be responsible for the acts or omissions of the Contractor nor of any subcontractor,any Supplier,or of arty other person or organization performing or furnishing any of the Work • e. The Engineer's review of the final Application for Payment and accompanying documentation and all maintenance and . operating instructions, schedules, guarantees, bonds, and certificates of inspection, tests, and approvals and other documentation required to be delivered by Article 14.10 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with the Contract Documents. • j.OJ Highland Unity Center Central Access-Point Fence CONDITIONS TO THE CONTRACT • GENERAL CONDITIONS i PAGE 20 . • • • • f. The limitations upon authority and responsibility set forth in this Article 9.9 shall also apply to the Engineer's Consultants, • Project Representative,and assistants. . • ARTICLE 10--CHANGES IN THE Work • 10J General: • a. Without Invalidating the Agreement and without notice to any surety, the Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work; such additions, deletions or revisions will be authorized by a written • Change Order or a Work Directive Change issued by the Engineer or the Owner. Upon receipt of any such document • Contractor shall promptly proceed with the Work involved. • b. If the Owner and the Contractor are unable to agree as to the extent, K any, of an adjustment in the Contract Price or an • adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefore as provided in Article I 1 or Article 12. • c. The Contractor shall not be entitled to an Increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that Is not required by the Contract Documents as amended, modified, and supplemented as • provided In Article 3.4 except in the case of an emergency as provided in paragraph 6.l0e or in the case of uncovering Work . as provided in paragraph 13.5b. • it. The Owner and the Contractor shall execute appropriate Change Orders recommended by Engineer (or Written Amendments)covering; • . I. Changes In the Work which are ordered by the Owner pursuant to paragraph 10.1 a;and • 2. Changes In the Contract Price or Contract Times which are agreed to by the parties; provided that in lieu of . executing any such Change Order,an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations,but during any such appeal,Contractor shall carry . on the Work and adhere to the progress schedule as provided in Article 6.12. • e. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents(including,but . not limited to,Contract Price or Contract Times)is required by the provisions of any Bond to be given to a surety,the giving . of any such notice will be the Contractors responsibility,and the amount of each applicable Bond shall be adjusted accordingly. • 10.2 Allowable Quantity Variations on Unit Price Contracts: . In the event of an Increase or decrease in a bid item quantity of a unit price contract,the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the Coronet • Documents,wherever such unit price has been established;provided,that an adjustment in the Contract Unit Price may W made • for changes which result In an increase or decrease in the quantity of any unit price bid item of the Work in excess of 25 percent, or for eliminated Items of work. • • 10.3 Increases of More Than 25 Percent on Unit Price Contracts: a. On a unit price contract, should the total quantity of any item of work required under the Contract exceed the Engineer's . Estimate by more than 25 percent, the work In excess of 12$ percent of such estimate and not covered by an executed • contract Change Order specifying the compensation to be paid therefore will be paid for by adjusting the Contact Unit Price, as hereinafter provided, or at the option of the Owner, payment for the work Involved In such excess will be made on the • basis of force account as provided In Article 1.1, • b. Such adjustment of the Contract Unit Price will be the difference between the Contract Unit Price and the actual unit cost • which will be determined as hereinafter provided,of the total pay quantity of the item.If the casts applicable to such item of work include Axed costs,such fixed costs shall be deemed to have been recovered by the Contractor by the payments made • for 125 percent of the Engineers Estimate of the quantity for such item,and in computing the actual unit cost,such fixed costs . will be excluded.Subject to the above provisions,such actual unit cost will be determined by the Engineer in the same manner • as if the work were to be paid for.on a force account basis as provided In Article 11, herein, or such adjustment will be as agreed to by the Contractor and the Owner. • j.O.j H"nd Unity Canter Central Access-Point Fence CONDITIONS TO THE CONTRACT • GENERAL CONDITIONS • PAGE 21 • • • • • c, When the compensation payable for the number of units of an Item of work performed in excess of 125 percent of the • Engineer's Estimate Is loss than $S,000 at the applicable Contract Unit Price, the Engineer reserves the right to make no • adjustment in said price if he so elects,except that an adjustment will be made if requested in writing by the Contractor. 10.4 Decreases of More Than 2S Percent on Unit Price Contracts: • a. On unit price contracts,should the total pay quantity of any item of work required under the contract be less than 75 percent . of the Engineers Estimate therefore, an adjustment in compensation pursuant to this Section will not be made unless the Contractor so requests in writing. If the Contractor so requests,the quantity of said item performed,unless covered by an • executed contract change order specifying the compensation payable therefore,will be paid for by adjusting the Contract Unit Price as hereinafter provided,or a<the option of the Engineer,payment for the quantity of the work of such item performed • will be made on the basis of force account as provided in Article 11, herein; provided however, that In no case shall the • payment for such work be less than that which would be made a the Contract Unit Price. • b. Such adjustment of the contract unit price will be the difference between the contract unit price and the actual unit cost, • which will be determined as hereinafter provided,of the total pay quantity of the Item,including fixed costs. Such actual unit • cost will be determined by the Engineer In the same mariner as if the work were to be paid for on a force account basis as provided in Article 1 I:or such adjustment will be as agreed to by the Contractor and the Owner. • c. The payment for the coral pay quantity of such item of work will in no case exceed the payment that would be made for the • performance of 75 percent of the Engineers Estimate of the quantity for such item at the original Contract Unit Price. • 10.5 Eliminated Items an Unit Price Contracts: • a, On unit price contracts, should any contract item of the Work be eliminated in its entirety, in the absence of an executed • contract Change Girder covering such elimination, payment will be made to the Contractor for actual costs incurred In connection with such eliminated contract item if incurred prior to the date of notification in writing by the Engineer of such elimination. • b. If acceptable material is ordered by the Contractor for the eliminated item prior to the dace of rwtlFlcatlon of such elimination . by the Engineer,and if orders for such material cannot be canceled,it will be pald for at the actual cost to the Contractor.In . such case, the material paid for shall become the property of the Owner and the actual cost of any further handling will be paid for by the Owner.If the material is returnable to the vendor and if the Engineer so directs the Contractor,the material . shall be returned and the Contractor will be paid for the actual cost of charges made by the vendor for returning the material, • The actual cost of handling returned material will be paid for. c. The actual costs or charges to be paid by the Owner to the Contractor as provided in this Artlele 10 will be computed in the same manner as if the work were to be paid for on a force account basis as provided in Article I I. ARTICLE I I -CHANGE OF CONTRACT PRICE • 11.1 General: • a. The Contract Price constitutes the total compensation (subject to Owner-authorized adjustments)payable to the Contractor for performing the Work,All duties, responsibilities,and obligations assigned to or undertaken by the Contractor shall be at • its expense without change in the Contract Price. b. The Contract Price may only be changed by a Change Order.Any claim for an Increase or decrease in the Contract Price shall • be based on written notice dellvered by the party making the claim to the other party and to the Engineer promptly(but In no • event later than 30 days)after the occurrence of the event giving rise to the claim and stating the general nature of the claim. • Notice of the amount of the claim with supporting data shall be delivered within 60 days after such occurrence (unless the Engineer allows an additional period of time to ascertain more accurate data in support of the claim)and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct indirect, and consequential)to which the clalmant is entitled as a result of the occurrence of sald event All claims for adjustment in the Contract Price shall • be determined by the Engineer in accordance with Article 9.7, herein, if the Owner and the Contractor cannot otherwise Agree on the amount involved. No claim for an adjustment in the Contact Price will be valid if not submitted in accordance • with this paragraph 1 I.I b. J.OJ Highland Unity Center Central Access.-Print Fence CONDITIONS TO THE CONTRACT ' GENERAL CONDITIONS PAGE 22 . • • • • • • c. The value of any Work covered by a Change Order or Work Directive Change or of any claim for an increase or decrease in . the Contract Price shall be determined in one of the following ways: • I. Where the Work involved is covered by unit prices contained in the Contract Documents,by application of unit prices . to the quantities of the items involved. . 2. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in • accordance with Article 11.4,herein. • 3. On the basis of the Cost of the Work(determined as provided in Articles 112 and 113,herein),plus the Contractor's • Fee for overhead and profit(determined as provided in Article 11.4.herein). . 11.2 Cost of Work(Based on Time,Materials,and Equipment and Contractor's Overhead and Profit): . a General:The term"Cost of Work"shall mean the sum of all costs necessarily Incurred and paid by the Contractor for labor, materials,and equipment plus Contractor's overhead,and profit in the proper performance of work Except as otherwise may be agreed to in writing by the Owner, such costs shall be in amounts no higher than those prevailing in the locality of the . Project . b. Labor:The Cost of labor used in performing work by the Contractor,a subcontractor,or other forces will be the sum of the . following . I. The actual wages paid plus any employer payments to, or on behalf of workers for fringe benefits including health and welfare, pension, vacation, and similar purposes. The cost of labor may include the wages paid to foremen when • determined by the Engineer that the services of foremen do not constitute a part of the overhead allowance as defined in Article 11.4,herein. • 2. To the actual wages,as defined In paragraph 112b(I),herein,will be added a labor surcharge set forth in the California • Department of Transportation publication entitled Labor Surcharge and 5quipmem Rates,which is in effect on the date • upon which the Work is accomplished and which is hereby included as a part of these General Conditions by this reference thereto. Said labor surcharge shall consdahte full compensation for all payments Imposed by the Sate and Federal laws and for all other payments made to, or on behalf of, the workers, other than actual wages as defined in . paragraph 11.2b(1),herein,and subsistence and travel allowance as specified In paragraph 11.2b(3),herein. . 3. The amount paid for subsistence and travel required by collective bargaining agreements, or in accordance with the regular practice of the employer. At the beginning of the extra work and as later requested by the Engineer, the . Contractor shall furnish the Engineer proof of labor compensation rates being paid. • c. Materials: The cost of materials used in performing work will be the cost to the purchaser, whether Contractor or • subcontractor,from the supplier thereof,except as the following arc applicable: • I. Trade discounts avallable to the purchaser shall be credited to the Owner notwithsanding the fact that such discounts ✓. may not have been taken by the Contractor. 2. For materials secured by other than a direct purchase and direct billing to the purchaser,the cost shall be deemed to be • the price paid to the actual supplier as determined by the Engineer. Markup except for actual costs incurred In the • handling of such materials will not be allowed, • 3. payment for materials from sources owned wholly or in pare by the purchaser shall not exceed the price paid by the . purchaser for similar materials from said sources on extra work items or the current wholesale price for such materials delivered to the work site,whichever price is lower. • • 4. If in the opinion of the Engineer the cost of material is excessive,or the Contractor does net furnish satisfactory evidence of the cost of such material,then the cost shall be deemed to be the lowest current wholesale price for the quantity J.OJ Hffihland Unity Cenw Cen"I Access-Point Fence CONDITIONS TO THE CONTRACT . GENERAL CONDITIONS PAGE 23 • • • • concerned delivered to the work site less trade discount The Owner reserves the right to furnish materials for the extra work and no claim shall be made by the Contractor for costs,overhead,and profit on such materials. d. Equlpmene The Contractor will be pald for the use of equipment at the rental rate listed for such equipment specified in the Supplementary General Conditions.Such rental rate will be used to compute payments for equipment whether the equipment is under the Contractor's control through direct ownership,leasing renting,or another method of acquisition.The rental rate • to be applied for use of each items of equipment shall be the rate resulting in the least total cost to the Owner for the total period of use. If It Is deemed necessary by the Contractor to use equipment not listed in the foregoing publication, an equitable rental rate for the equipment will be established by the Enginieer.The Contractor may furnish cost data that might assist the Engineer in the establishment of the rental rate. i 1. All equipment shall,in the opinion of the Engneer,be in good working condition and suitable for the purpose for which • the equipment is to be used. 2. Before construction equipment Is used on the extra work, the Contractor shall plainly stenell or stamp an identifying . number thereon at a conspicuous location,and shall furnish to the Engineer, In duplicate a description of the equipment and in Identifying number, . 3. Unless otherwise specs led, manufacturers ratings and manufacturer-approved modifications shall be used to classify • equipment for the determination of applicable rental rates.Equipment that has no direct power unit shall be powered by i a unit of at least the minimum rating recommended by the manufacturer. . 4. Individual pieces of equipment or tools having a replacement value of$200 or less, whether or not consumed by use, . shall be considered to be small tools and no payment will be made therefore. . S. Rental time will not be allowed while equipment is inoperative due to breakdowns, . e. Equipment on the Work-, The rental time to be Paid for equipment on the work shall be the time the equipment is in productive operation on the extra work being performed and, in addition, shall include the time required to move the . equipment to the location of the extra work and return it to the original location or to another location requiring no more . time than that required to return it to in orlgInal location;except,that moving time will not be paid if the equipment is used on other than the extra work even though located at the site of the extra work. Loading and transporting costs will be allowed, in lieu of moving time when the equipment is moved by means other than its own power,except that no payment will be made for loading and transporting costs when the equipment Is used at the site of the extra work on other than the extra work.The following shall be used in computing the rental time of equipment on the work. . I. When hourly rates are listed,any part of an hour less than 30 minutes of operation shall be considered to be 1/2-hour of operation,and any part of an hour greater than 30 minutes will be considered one hour of operation. 2. When daily rates are listed,any part of a day less than 4 hours operation shall be considered to be 1/2-day of operation, 3. When owner-operated equipment is used to perform extra work to be paid for on a time and materials basis, the Contractor will be paid for the equipment and operator,as set forth in Subparagraphs(4),(5),and(6),following: . 4. Payment for the equipment will be made in accordance with the provisions In paragraph 11,2d,herein, • S. payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by the Contractor to . other workers operating similar equipment already on the Work or In the absence of such labor, established by collective bargaining agreements for the type of workmen and location of the extra work,whether or not the operator is actually covered by such an agreement A labor surcharge will be added to the cost of labor described herein in • accordance with the provisions of paragraph 11.2b, herein which surcharge shall constitute full compensation for payments imposed by state and federal laws and all other payments made to on behalf of workers other than actual wages- • f.O.f Highland Unity Center Central Access-Pant Fence CONDITIONS TO THE CONTRACT GENERAL CONDITIONS PAGE24 • • • • • 6. To the direct cost of equipment rental and labor, computed as provided herein, will be added the allowances for • equipment rental and labor as provided in Article 11.4,herein. • 11.3 Special Services: • a. Special work or services are defined as that work characterized by extraordinary complexity,sophistication,or innovation or a . combination of the foregoing attributes which are unique to the construction industry.The following may be considered by the Engineer in making estimates for payment for special services: • r 1. When the Engineer and the Contractor,by agreement,determine that a special service or work is required which cannot be performed by the forces of the Contractor or those of any of Its subcontractors,the special service or work may be rperformed by an entity especially skilled In the work to be performed.After validation of invoices and determination of • market values by the Engineer, Invoices for special services or work based upon the current fair market value thereof may be accepted without complete itemization of labor,material,and equipment rental costs. • r 2. When the Contractor is required to perform work necessitating special fabrication or machining process in a fabrication or a machine shop facility away from the Job site, the charges for that portion of the work performed at the off-site • facility may,by agreement, be accepted as a special service and accordingly,the Invoices for the work may be accepted . without detailed Itemhadon. . 3. All invoices for special services will be adjusted by deducting all trade discounts offered or available, whether the • discounts were taken or noL In lieu of the allowances for overhead and profit specified in Article 11.4, herein, an allowance of S percent will be added to invoices for special services. b. All work performed hereunder shall be subject to all of the provisions of the Contract Documents and the Contractors sureties shall be bound with reference thereto as under the original Agreement.Copies of all amendments to surety bonds or • supplemental surety bonds shall be submitted to the Owner for review prior to the performance of any work hereunder. r11.4 Contractor's Overhead and Profit: • a. Work ordered on the basis of time and materials will be paid for at the actual necessary cost as determined by the Engineer, plus allowances for overhead and profit.For extra work involving a combination of increases and decreases In the Work the • actual necessary cost will be the arithmetic sum of the additive and deductive costs.The allowance for overhead and profit rshall Include full compensatlon for superintendence,bond and insurance premiums,taxes,office expense,and all other items of expense or cost not included in the cost of labor, materials, or equipment provided for under Paragraphs 1 1.2b, c, and d, • herein including extended overhead and home office overhead. The allowance for overhead and profit will be made In • accordance with to following schedule: . ACTUAL OVERHEAD r NECESSARY PROFIT COST ALLOWANCE rLabor 24 percent Materials 15 percent Equipment IS percent. • It, It is understood that labor,materials,and equipment may be furnished by the Contractor or by the subcontractor on behalf of the Contractor.When all or any part of the extra work is performed by a subcontractor,the allowance specified herein shall • be applied to the labor, materials,and equipment costs of the subcontractor, to which the Contractor may add 5 percent of . the subcontractor's total cost for the extra work Regardless of the number of hierarchical tiers of subcontractors, the 5-percent Increase above the subcontractor's total cost that includes the allowances for overhead and profit specked herein • may be applied one time only for each separate work transaction.No markup allowance will be made for sub-sub-Contractors or below. r11.5 Records: • • f.OJ Highland Unity Center Central Access-Point Fence CONDITIONS TO THE CONTRACT rGENERAL CONDITIONS • PAGE25 • r • • • • a The Contractor shall maintain its records In such a manner os to provide a clear distinction between the direct costs of each • separate item of extra work,disputed work,emergency work,or other work paid for on a Cost of Work basis and the costs of other operations. b. From the foregoing records,dne Contractor shall furnish the Engineer completed Daily Work Reports,on forms furnished by • the Owner, for each days work or portion of each days work to be paid for an a Cost of Work basis. The Daily Work . Reports shall itemize the materials used,and shall cover the direct cost of labor and the charges for equlpment renal,whether • furnished by the Contractor,subcontractor, or other forces, except for charges described in Article 1 1.3,"Special Services." The Daily Work Reports shall provide names or identifications and classifications of all workmen,the hourly rate of pay and • hours worked by each.and also the size,type,and Identification number of equipment,and the hours operated. • C. Material charges shall be substantiated by valid copies of vendors invoices. Such invoices shall be submitted with the Daily Work Reports,or if not available,they shall be submitted with subsequent Daily Work Reports.Should said vendor's invoices . not be submitted within, 60 days after the dace of delivery of the material or within 15 days after the acceptance of the Contract,whichever occurs first.the Owner reserves the right to establish the cost of such materials at the lowest current • wholesale prices at which said materials were available In the quantities concerned delivered to the location of work less any discounts as provided in paragraph H2o herein. . d. Said Daily Work Reports shall be signed by the Contractor or its authorized representative. • • e. The Engineer will compare his or her records with the completed Daily Work Reports furnished by the Contractor and make • any necessary adjustments.When these Daily Work Reports are agreed upon and signed by both parties, said reports shall become the basis of payment for the work performed,but shall not preclude subsequent adjustment based on a later audit by • the Owner. • f, The Contractor's cost records pertaining to work paid for on a Cost of Work basis shall be open to Inspection or audit by representatives of the Owner. during the life of the contract and for a period of not less than 3 years after the date of • acceptance thereof, and the Contractor shall retain such records for that period. Where payment or labor Is based on the cost thereof to forces other than the Contractor, the Contractor shall make every reazonable effort to insure that the cost records of such other forces will be open to inspection and audit by representatives of the Owner on the same terms and • conditions as the cost records of the Contractor.R an audit is to be commenced more than 60 days after the acceptance date . of the contract,the Contractor will be given a reasonable notice of the time when such audit Is to begin. • ARTICLE 12-CHANGE OF CONTRACT TIMES 12.1 General: a. The Contract Times may only be changed by a Change Order or a Written Amendment.Any claim for an adjustment of the . Contract Times shall be based an written notice delivered by the parry making the claim to the other party and to the • Engineer promptly(but in no event later than 30 days)after the occurrence of the event giving rise to the claim and stating the general nature of the claim.Notice of the extent of the claim with supporting data shall be delivered within 60 days after such . occurrence(unless the FjVneer allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the cialmant's written statement that the adjustment claimed Is the entire adjustment to which the claimant has reason to believe It is entitled as a result of the occurrence of said event All claims for adjusmnent in the • Contract Times shall be determined by the Engineer in accordance with Article 9.8 9 the Owner and the Contractor cannot • otherwise agree. No claim for an adjustment In the Contract Times will be valid If not submitted in accordance with the requirements of this Article 12.1. • b. All time limits stated in the Contract Documents are of the essen of the Agreement • c. Where the Contractor is prevented from completing any part of the Work within the Contact Times due m delay beyond • the control of the Contractor,the Contract Times(or Milestones)will be extended In an amount equal m the time lost due • to such delay if a claim is made therefore as provided in Article 12.1. Delays beyond the control of the Contractor shall include,but not be limited to,acts or neglect by the Owner,am or neglect of utility owners or other Contractors performing other work as contemplated by Article 7,herein,or by acts of God or of the public enemy,fire,Floods,epidemics,quarantine • restrictions, strikes, labor disputes, sabotage, or freight embargoes. Delays attributable to and within the control of a • subcontractor or Supplier shall be deemed to be delays within the control of the Contractor. • J.O.J Highland Unity Center Central Acoess-Fbin t Fence CONDITIONS TO THE CONTRACT • GENERAL CONDITIONS PAGE 26 • • • • • • • • d. Where the Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond • the control of both the Owner and the Contractor,an extension of the Contract Times In an amount equal to the time lost due to such delay shall be the Contractors sole and exclusive remedy for such delay.In no event shall the Owner be liable to • the Contractor,any subcontractor,any Supplier,any other person or organization,or to any surety for or employee or agent of any of them,for damages arising out of or resulting from(1)delays caused by or within the control of the Contractor,or(ii) delays beyond the control of both parties Including but not limited to fires,floods,epidemics,abnormal weather conditions, . acts of God or acts or neglect by utlllry owners or other Contractors performing other work. • ARTICLE 13-WARRANTY AND GUARANTEE;TESTS AND INSPECTIONS;CORRECTION,REMOVAL, OR • ACCEPTANCE OF DEFECTIVE WORK • 13.1 Warranty and Guarantee: The Contractor warrants and guarantees w the Owner and the Engineer that all work will be In accordance with the Contract . Documents and will not be defective. Neither the right to inspe" nor the presence of inspectors, the Engineer,consultants, or . testing agencies hired by the Owner or the Engineer, nor their general review or approval shall relieve the Contractor from its obligations to perform the Work in accordance with the Contract Documents.All defective Work,whether or not in place. • • 13.2 Notice of Defects: Prompt notice of all defective Work of which the Owner w the Engineer have actual knowledge will be given to the Contractor. • All defective Work may be rejected,corrected,or accepted as provided in this Article 13. . • 13.3 Access to the Work: • The Owner. the Engineer the Engineers Consultants, other representatives and personnel of the Owner and the Engineer, independent testing laboratories and governmental agencies with jurisdictional interests shall have access to the Work at reasonable • times for their observation, Inspecting,and testing.The Contractor shall provide them with proper and safe conditions for such . access and advise them of the Contractor's site safety procedures and programs so that they may comply therewith as applicable. • 13.4 Tests and Inspections: • A. The Contractor shall give the Engineer timely notice of readiness of the Work for all required inspections,tests or approvals, but In no event less than 24 hours notice.The Contactor shall cooperate with inspection and msrJng personnel to facillumn • required Inspections or test9. • b. The Owner will employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or • approvals required by the Contract Documents except • 1. for Inspections,tests or approvals covered by paragraph 13.4c below; . 2, that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.5b below shall be paid as provided In said paragraph 13.5b:and • 3. as otherwise specifically provided.in the Contract Documents. • c. If Laws or Regulations of any public body having jurisdiction require any Work (w pan thereof)specifically to be inspected, . tested or approved by an employee or other representative of such public body,the Contractor shall assume full responsibility for arranging and obtaining such inspections,tests or approvals,pay all costs in ronmetion therewith,and furnish the Englneer • the required certificates of inspection, or approval. The Contractor shall also be responsible for arranging and obtaining and • shall pay all costs in connection with any Inspections, tests or approvals required for the Owner's and the Engineers acceptance of materials or equipment to be Incorporated in the Work,or of materials,mix designs, or equipment submitted . for approval prior to the Contractors purchase thereof for incorporation in the Work • d. If any Work(or the work of others)that Is to be Inspected,tested,or approved is covered by the Contractor without written • concurrence of the Engineer,it shall,H requested by the Engineer,be uncovered for observation. • • J.OJ Highland Unity Center Cen"Amedt—Point Fence CONDRIONS TO THE CONTRACT • GENERALCONDMONS • PAGE27 • • • • • • C. Uncovering Work as provided in paragraph 13.4d shall be at the Contractor's expense unless the Contractor has given the Ergmer timely notice of the Corro-aMr's intention to cover the same and the Engineer has not acted with reasonable promptness In response to such notice. • 13.S Uncovering Work • a. If any Work is covered contrary to the written request of the Engineer,it shall,if requested by the Engineer,be uncovered for • the Engineers observation and replaced at the Contractors expense. • b. N the Engineer considers It necessary or advisable that covered Work be observed by the Engineer or inspected or tested by • others, the Contractor, at the Engineers request. shall uncover, expose, or otherwise make available for observation, Inspection,or testing,as the Engineer may require,that portion of the Work in question,and shall furnish all necessary labor, • material, and equipment If It Is found that such Work is defective, the Contractor shall pay all claims, costs, losses and . damages.caused by, arising out of or resulting from such uncovering, exposure, observation, Inspection, and testing and of • satisfactory replacement or reconstruction, including but not limited to all costs of repair or replacement of work of others); and the Owner shall be entitled to an appropriate decrease in the Contract Price,and,if the parties Are unable to agree as to • the amount thereof,may make a claim therefore as provided in Article 11, • c. The Contractor shall permit on-site video taping, still photography, or motion picture photography of the construction • project.The Owner will notify the Contractor prior to the commencement of any video taping and/or photography by the Owner personnel and/or its agents and shall make a reasonable effort to give the Comra=r at least 24 hours of Its Intent to • video tape or photograph the project The Contractor shall cooperate with and shall coordinate with Owner personnel or . their authorlud representatives in its efforts to carry out such videotaping andfor photography. The Contractor shall give narbee to all employees and subcontractors of such videotaping and/or photography to be out of view of tile amens, if • requested to do so,during video taping and or photographing of the construction project 13.6 Owner May Stop the Work: • If the Work is defective, or the Contractor falls to supply sufficient skilled workers or suitable materials or equipment,or falls to . furnish or perform the Work In such a way that the completed Work will conform to the Contract Documents,the Owner,acting Independently or through the Project Representative, may order the Contactor to stop the Work or any portion thereof, until . the cause for such order has been eliminated;however,this right of the Owner to stop the Work shall not give rise to any duty on • the part of the Owner to exercise this right for the benefit of the Contractor or any surety or other party. 13.7 Correction or Removal of Defective Work: If required by the Engineer,acting directly or through the Project Representative,the Contractor shall promptly,as directed,either corrects all defective Work whether or not fabricated, installed or completed, or, if the Engineer has rejected the Work, the • Contractor shall remove it from the site and replace it with Work that Is not defective.The Contractor shall pay all claims,costs, . losses, and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of the Work of others). . 13.8 Correction Period • A. If within one year after the date of Substantial Completion or such longer period of time as,may be prescribed by Laws or • Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific . provision of the Contract Documents,any Work is,found to be defective,the Contractor shall promptly,without con to the Owner and In accordance with the Owner's written instructions!(1)correct such defective Work,or,If It has been rejected by . the Owner,remove it from the site and replace It with Work that is not defective,and(II)satisfactorily correct or remove and replace any damage to other Work or the work of others resulting there from.If the Contractor does not promptly comply with the terms of such instructions,or in an emergency where delay would came serious risk of loss or damage,the Owner . may have the defective Work corre>ted or the rejected Work removed and replaced, and all three, Indirect and . consequential costs of such removal and replacement, including claims,costs, losses and damages caused by or resulting from such removal and replacement(including but not limited w all costs of repair or replacement of work of others)will be paid by the Contractor. • • J.O.J Hill Unity Center Central Access-Point fence CONDITIONS TO THE CONTRACT • GENERAL CONDITIONS PAGE 28 . • • • • • b. In special circumstances where a particular item of equipment is placed In continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract • Documents. • C. Where defective Work(and damage to other Work resulting there from) has been corrected, removed or replaced under. • this Article 13,8,the correction perlod hereunder with respect to such Work will be extended for an additional period of one . year after such correction or removal and replacement has been satisfactorily completed. • d. Unless otherwise provided in the Supplementary General Conditions, the Contractor shall provide a post-construction, correction and repair Performance Bond in the amount of 100 percent of the Contract Price to cover all correction and • repairs or other corrective work required hereunder,and shall maintain such Bond in.full force and effect for one full year . following the Notice of Completion. • 13.9 Acceptance of Defective Work: . If, instead of requiring correction or removal and replacement of defective Work the Owner (and, prior to the Engineers recommendation of final payment, also the Engineer) prefers to accept it, the Owner may do so. The Contractor shall pay all • claims,costs,losses and damages attributable m the Owner's evaluation of and determination to accept such defective Work(such • costs to be subject to approval by the Engineer as to reasonableness). If any such acceptance occurs prior to the Engineers recommendation of final payment,a Change Order will be issued incorporating the necessary revisions in the Contract Documents . with respect to the Work and the Owner shall be entitled to an appropriate decrease in the Contract Price,and, I the parties are unable to agree as to the amount thereof, the Owner may make a claim therefore as provided in Article I L If the acceptance occurs after such recommendation,an appropriate amount will be paid by the Contractor to the Owner. • 13.10 The Owner May Correa Defective Worlc • If the Contractor fails within a reasonable time after written notice from the Engineer to correct defective Work or to remove and . replace rejected Work as required by the Engineer in accordance with Article 13.7,or If the Contractor fails to perform the Work in accordance with the Contract Documents, or if the Contractor fails to comply with any other provision of the Contract • Documents,Owner may,after 7 days'written notice to the Cowactor,correct and remedy any such deficiency.In exercising the . rights and remedies under this paragraph the Owner shall proceed expedldously.In connection with such corrective and remedial • action.the Owner may exclude the Contractor from all or part of the site,take possession of all or part of the Work,and suspend the Comractoes services related thereto, take possession of the Contractors tools, appliances, construction equipment and • machinery at the site and incorporate In the Work all materials and equipment stored at the site or for which the Owner has paid . the Contractor but which are stored elsewhere.The Contractor shall allow the Owner,the Owners representatives,agents and employees, the Owners other Contractors and the Engineer and the Engineer's Consultants access to the site to enable the . Owner to exercise the rights and remedies under this paragraph.All claims,costs,losses and damages incurred or sustained by the Owner in exercising such rights and remedies will be charged against the Contractor and a Change Order will be Issued • Incorporating the necessary revisions in the Contract Documents with respect to the Work:and the Owner shall be entitled to an appropriate decrease in the Contract Price,and,If the parties are unable to agree as to the amount thereof,the Owner may make a claim therefore as provided in Article 11.Such claims,costs,losses and damages will include but not be limited to all costs of repair • or replacement of work of others destroyed or damaged by correctiom removal or replacement of the Contractors defective Work.The Contractor shall not be allowed an extension of the Contract Times because of any delay in the performance of the • Work attributable to the exercise by the Owner of the Owners rights and remedies hereunder. • • ARTICLE 14—PAYMENTS TO THE CONTRACTOR AND COMPLETION 14.1 Schedule of Values(L.umpSum Price Breakdown): • The schedule of values or lump-sum price breakdown established as provided for in the Contract Documents shall serve as the • basis for progress payments and will be Incorporated into a form of Application for Payment acceptable to the Engineer. . 14.2 Unit Price Bid Schedule: Progress payments on account of Unit Price Work will be based on the number of units completed, . 14,3 Application for Progress Payment: a. Unless otherwise prescribed by law, on a prearranged date each month, the Contractor shall submit to the Engineer for review, through the Project Representative,an Application for Payment filled out and signed by the Contractor covering the • J.O.J Highland Unity Center Ceotral Access—Pdnc Fence CONDITIONS TO THE CONTRACT • GENERALCONDITIONS . PAGE 29 • • • • • Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the . Contract Documents. b. The Application for Payment shall identify, as a sub-total, the amount of the Contractors Total Earnings to Date, plus the . Value of MaterWs at the site which have not yet been incorporated Into the Work, and less a deductive adjustment for materials Installed which were not previously incorporated Into the Work, but for which payment was allowed under the • provisions for payment for Materials Stored at the Site,but not yet incorporated in the Work . c. The Net Payment Due to the Contractor shall be the above-mentloned sub�l from which shall be deducted the amount of • retainage specified in the Contract Documents,and the total amount of all previous payments made to the Contractor, All • Contractor payment requests must be accompanied by Unconditional Waiver and Release certficams from the Contractor and all subcontractors and suppliers for whom payment Is requested. • d. Except as otherwise provided in the Supplementary General Conditions,the value of Materials Stored at the Site shall be an • amount equal to the specified percentage of value of such materials as set forth in the Supplementary General Conditions.Said . amount shall be based upon the value of all acceptable materials and equipment not incorporated in the Work but delivered and suitably,stored at the site: provided that each such individual Item of material or equipment has a value of more than . $5000 and will become a permanent part of the Work.The Application for Payment shall also be accompanied by a bill of sale, • invoice,or other documentation warranting that the Contractor has received the materials and equipment free and clear of all Stop Notice claims, charges, security interests, and other encumbrances, and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect the Owner's interest therein,all of which must . be satisfactory to the Owner. • 14.4 Contractors Warranty of Title: . The Contractor warrants and guarantees that title to all Work,materials,and equipment covered by any Application for Payment whether Incorporated in the Project or not,will pass to the Owner no later than the time of final payment free and clear of all Stop . Notice claims. • 14.S Review of Applications for Progress Payments: . a. Upon receipt of each application for payment,the Engineer will either indicate in writing a recommendation of payment and • present the Application to the Owner,or return the Application to the Contractor indicating In writing the Engineers reasons for refusing to recommend payment In the latter case, the Contractor may make the necessary corrections and promptly . resubmit the Application,Thirty-five days after presentation of the Application for Payment to the Owner with the Engineers . recommendation, the amount recommended will (subject to the provisions of paragraph 14.5b) become due and when due will be paid by the Owner to the Contractor. . b. The Engineers recommendation of any payment requested In an Application for Payment will constiuxe a representation by • the Engineer to the Owner, based on the Engineer's on-site observations of the executed Work as an experienced and . qualified design professional and on the Engineer's review of the Application for Payment and the accompanying data and • schedules, that to the best of the Engineers knowledge, Information and belief the Work has progressed to the point indicated;the quality of the Work is generally in accordance with the Contract.Documents;and the conditions precedent to • the Contractors being entded to such payment appear to have been fulfilled In so far as it is the Engineers responsibility to observe the Work, c. The Engineer's recommendation of any payment, including final payment shall not mean that the Engineer Is responsible for the Contractors means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of the Contractor to comply with laws and Regulations applicable to the . furnishing or performance of Work or for any failure of the Contractor to perform or furnish Work in accordance with the . Contract Documents. d. The Engineer may refuse to recommend the whole or any part of any payment if, in the Engineers opinion, subsequently discovered evidence or the resuhs of subsequent Inspections or tests, nullify any such payment prevlotaly recommended, to such extent as may be necessary in the Engineer's opinion to protect the Owner from loss because; • J.OJ Highland Unity Cent rr ntralAccess-Point Fence CONDITIONS To THE CONTRACT GENERAL CONDITIONS PAGE30 . • • • • • I, The Work is defective,or completed Work has been damaged mclulring correction or replacement. • 2. The Contract Price has been reduced by Written Amendment or Change Order, • 3. Owner has been required to correct defective Work or complete Work in accordance with Article 13.10,or • 4. The Engineer has actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2a.2 through • 152a.5,inclusive. • e. The Owner may refuse m make payment of the full amount recommended by the Engineer because: • • 1. Claims have been made against the Owner on account of the Contractor's performance of the Work or Stop Notices that have been filed pursuant to the provisions of Se(;OQn 3179 et seq.of the California Civil Code, • • 2. Stop Notices have been filed in connection with the Work, except where the Contractor has delivered a Stop Notice Release Bond satisfactory to the Owner to secure the satisfaction and discharge of such Uens, • • 3. There are other items entitling the Owner to a credit against the amount recommended, as provided In paragraph .14.1 1 c,herein,or • 4. The Owner has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.5d.1 through • 14.Sd.3 or paragraphs 152a2 through 15.2a.5,inclusive; • • f. The Owner,must give the Contractor written notice within 5 days(with a copy to the Engineer)stating the reasons for such action and promptly pay the Contractor the amount so withheld,or any adjustment thereto agreed to by the Owner and the • Contractor,when the Contractor corrects to the Owners satisfaction the reasons, • 14.6 Beneficial Use or Occupancy and Partial Utilization: . a. Partial Utilization; The Owner shall have the right to udlize or place into service any Item of equipment or other usable . portion of the Work prior to completion of the Work.Whenever the Owner plans to exercise said right,the Contractor will be notified in writing by the Owner, identifying the specific portion or portions of the Work to be so utilized or otherwise • placed into service. . • b. It shall be understood by the Contractor that until such written notification is issued, all responsibility for care and . maintenance of all items or portions of the Work to be partially utilized shall be borne by the Contractor.Upon Issuance of said written notice of partial utilbation,the Owner will accept responsibility for the protection and maintenance of all such • items or portions of the Work described in the written notice. • t. Beneficial Use or Occu anq The Owner shall have the right.at Its option and convenience,to occupy or otherwise make use • of all or any part of the project premises at any time prior to substantial completion, upon 14 days written notice to the • Contractor.Beneficial occupancy or use shall be subject to the fallowing conditions: . • I. The Owner shall use its best efforts to prevent occupancy from interfering with the conduct of the Contractors • remaining work; • 2. The Contractor shall not be required to repair damage to the premises 0 the same was caused by the Owners • occupancy or use; . 3. The one-year correction period for those portions of the premises occupied and equipment used by the Owner shall . start as of the date of actual occupancy or use; • 4. Occupancy or use shall not constitute acceptance by the Owner either of the completed work or any pardon thereof, nor will it relieve the Contractor from full responsibilky for correcting defective work or materials found before • completion and acceptance of all the work during the period spec&d in Article 13.8,herein: • J.O.J Highland Unity Center Cenral Access—Point Pence CONDMON$TO THI:CONTRACT . GENERAL CONDITIONS . PAGE 31 • • • • • S. Occupancy or use shall not be deemed to be the equivalent of filing a Notice of Substantial.Compleoon/Notice of Completion or a Cessation of labor; 6. There shall be no added cost to the Owner due to pre-completion occupancy or use; 7. The Contractor and its surety shall execute a,"No Change in Price Change Order prepared pursuant to this Article KS; + S. Effective 12,01 a.m.standard time at the project site at the date of beneficial occupancy or use stipulated in the Change �•! Order, the Contractor shall be released from the obligations of maintaining fire and extended coverage insurance . covering chose portions of the premises occupied by the Owner pursuant to this Article 14,but shall maintain all other Insurance required by the Contract in full force and effect The Owner shall obtain fire and extended coverage Insurance • Or maintain equivalent self-insurance covering those portions of the premises occupied or used pursuant to this Article • 14,6. • 14.7 Substantial Completion: • a. When the Contractor considers the entire Work ready for its intended use the Contractor shall notify the Owner and the Engineer in writing, through the Project Representative, that the entire Work is substantially complete (except for • Items specifically listed by the Contractor as Incomplete) and request that the Engineer issue a Notice of . CompletionlSubstamlal Completion.Within a reasonable time thereafter, the Owner, the Contractor, and the Englneer shall make an Inspection of the Work to determine the status of completion. If the Project Representative and/or the • Engineer does not consider the Work substantially complem, the Engineer,through the Project Representative will notify • the Contractor in writing, giving the reasons therefore. Upon recommendation of the Project Representative, if the Engineer considers the Work substantially complete,the Engineer will prepare and deliver to the Owner for its execution . and recordation the Notice of Substantial Completion/Notice of Completion signed by the Owner,the Engineer,and the • Contractor, which shall fix the date of Completion. As applicable.there shall be attached to the Notice a list of items to be completed or corrected before release of reminage or funds withheld to secure payment for such Items remaining to • be completed or corrected.At the time of delivery of the tentative Notice of Substantial Completion the Engineer will • deliver to the Owner and the Contractor a written recommendation as to division of responsibllkles pending final payment between the Owner and the Contractor with respect to security, operation,safety, malntenance, heat, utilities, . insurance and warranties and guarantees. Unless the Owner and the Contractor agree otherwise in writing and so inform the Engineer In writing prior to the Engineer's issuing the definitive Notice of Substantial Completion, the Engineer's • aforesaid recommendation will be binding on the Owner and the Contractor until final payment. • b. Completion shall mean Substantial completion,which shall mean substantial performance of the Contract as defined in Black's • Law Dictionary 4th Edition, by West Publishing Co., St Paul Minim, See definition of "Completion" and "Substantial • Completion"in Article I,herein. • c. The Owner shall have the right to exclude the Contractor from the Work after the date of Substantial Completion,but the • Owner shall allow the Contractor reasonable access to complete or correct items on the tentative list • 14.8 Partial Utilization; Use by the Owner at the Owner's option of any substantially completed part of the Work which:(I) has speclflcally been identified in the Contract Documents, or (ii) the Owner, the Engineer and the Contractor agree constitutes a separately functioning and • usable part of the Work that can be used by the Owner for its intended purpose without significant Interference with the Contractor's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work • subject to the following: • 1. The Owner at any time may request the Contractor In writing to permit the Owner to use any such part of the Work • which the Owner believes to be ready for its intended use and substantially complete.If the Contractor agrees that such Part of the Work is substantially complete,the Contractor will certify to the Owner and the Engineer that such part of • the Work is substantially complete and request the Engineer to issue a Notice of Substantial Completion for that part of the Work.The Contractor at any time may notify the Owner and the Engineer In writing that the Contractor considers any such part of the Work ready for its Intended use and substantially complete,and request the Engineer to issue a . Notice of Substantial Completion for that part of the Work Within a reasonable time after elther such request, the • Owner, the Contractor and the Engineer shall make an inspection of that part of the Work to determine its status of J.O.J Highland Unity Center Central Access—Print Fence CONDITIONS TO THE CONTRACT • GENERAL CONDITIONS . PAGE 32 • • • • • • completion-If the Engineer does not consider that part of the Work to be substantially complete,the Engineer will notify the Owner and the Contractor in writing giving the reasons therefore.If the Engineer considers that part of the Work to • be substantially complete,the provisions of Article 14.7 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. • . 2. No occupancy Or separate Operation of part of the Work will be accomplished prior to compliance with the requirements of Article 5.9 in respect of property insurance. • .. 14.9 Final Inspection: Upon written notice from the Contractor that the entire Work or an agreed portion thereof is complete,the Engineer will make a . final inspection with the Owner and the Contramr and will notify the Contractor in writing of all pardculan In which this . Inspection reveals that the Work is incomplete or defective.The Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficlencies. • 14.10 Final Application for Payment After the Contractor has completed all such correction work referred to in Article 14.7,herein,and delivered corrections to the • satisfaction of the Engineer and delivered in accordance with the Contract Documents or other evidence of insurance required by . Article 5.4, certificates of inspection, marked-up record documents;(as provided in Article 6.11, and other documents, all as required by the Contract Documents,and after the Engineer has indicated that the Work is acceptable,the Contractor may make . application through the project Representative for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied(except as previously delivered)by (i)all documentation called for in the Contact • Documents, including but not limited to the evidence of insurance required, (it)consent of the surety,if any,to final payment,and • (III) complete and legally effective releases or waivers (satisfactory to the Owner) of all Stop Notices arising out of or filed in • connection with the Work. In lieu of such releases or waives of Liens and as approved by Owner,the Contractor may furnish receipts or releases in full and an affidavit of the Contractor that(I)the releases and receipts include all labor,services,material and • equipment for which a Lien could be filed, and(II)all payrolls,material and equipment bills and Other indebtedness connected with the Work for which the Owner or the Owner's property might in any way be responsible have been paid or otherwise satisfied.If • any subcontractor or Supplier fails to furnish such a release or receipt in full, the Contractor may furnish a Stop Notice Release • Band or other collateral satisfactory to the Owner to indemnify the Owner against any Lien. • 14.11 Final Payment and Acceptance: • a Flom payment is defined as the last progress payment made to the Contractor for earned funds, less retainage or other withheld funds,as applicable,including the deductions listed in paragraph 1+1 I c,herein, • • b. If,on the basis tithe Engineers observation of the Work during construction and final Inspection,and the Engineers review of the final Application for Payment and accompanying documentation,all as required by the Contract Documents,the Engineer • is satisfied that the Work has been substantially completed and the Contractors other obligations under the Contract • Documents have been fulfilled,the Engineer will,.within 14 days after receipt of the final Application for Payment indicate in writing the Engineers recommendation of payment and present the Application to the Owner for payment At the same time •. the Engineer will also give written notice to the Owner and the Contractor that the Work is acceptable subject to the . provisions of Article 14.14. Otherwise,the Engineer will return the Application to the Contractor, indicating in writing the reasons for refusing to recommend final payment in which case the Contractor shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to the Owner of the Application and accompanying • documentation, in appropriate form and substance and with the Engineer's recommendation and notice of acceptability, the amount recommended by the Engineer will become due and payable to the Contractor, • • c. After acceptance of the Work by the Owners governing body,the Owner will make final payment to the Contractor of the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of the . Contract Documents,including the following items! • I. Retainage of not less than 5 percent of the contract price, subject to the provisions of Public Contract Cade Section • 22300. • 2, Liquidated damages,as applicable. J.O,J Highland Unity Cmw Central Atria-Point fence CONDITIONS TO THE CONTRACT • GENERAL CONDITIONS . PAGE]3 • • • • • • 3. One and one-half times the value of outstanding items of correction work or punch list Items.Indicated on the Notice of • Completion as being yet uncompleted or uncorrected, as applicable.All such work shall be completed or corrected w . the satisfaction of the Owner within the time stated on the Notice of Substantial Completion/Notice of Completion, . otherwise the Contractor does hereby waive any and all claims to all monies withheld by the Owner to cover the value of all such uncompleted or uncorrected items. • 14.12 Release of Retainage and Other Deductions: • a After executing and recording a Notice of Completion,and not more than 35 days thereafter,the Owner will authorize the • release to the Contractor of the retainage funds or securities withheld pursuant to the Agreement less any deductions to • 'cover pending claims against the Owner pursuant to paragraph 14,51b,herein, b. During said Stop Notice filing period,the Contractor shall have 30 days to complete any outstanding hems of correction work • remaining to be completed or corrected as listed on a final punch list made a part of the Notice of Substantial • Completion/Notice of Completion. Upon eViration of the 35 days referred w in paragraph 14,14 the amounts withheld • pursuant to the provisions of paragraph 14.1 Ic, herein, for all remaining work items will be returned to the Contractor: provided,that said work has been completed or corrected to the satisfaction of the Owner within said 30 days.Otherwise, • the Contractor does hereby waive any and all claims for all monies withheld by the Owner under the Contract to cover I.5 • times the value of such remaining uncompleted or uncorrected items. • c. If,through no fault of the Contractor,final completion of the Work is significantly delayed and if the Engineer to confirms,the • Owner will,upon receipt of the Contractor's final Application for Payment and recommendation of the Engineer,and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted.If • the remaining balance to be held by the Owner for Work not fully completed or corrected is less than the retalrmge stipulated . in the Agreement, and if Bonds have been furnished as required in Article S.I, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor . to the Engineer with the Application for such payment Such payment shall be made under the terms and conditions govelming . final payment except that it shall not constitute a waiver of claims, 14.13 Contractor's Continuing Obligation: The Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any .progress or final payment by the Engineer, nor the issuance of a Notice of Substantial . etion,nor any payment by the Owner to the Contractor under the Contract Documents,.nor any use CbmpletiorJNotice of Compl • or occupancy of the Work or any part thereof by the Owner, nor any act of acceptance by the Owner nor any failure to do so, nor any review and approval of a Shop Drawing or sample submittal,will constitute an acceptance of work not In accordance with • the Contract Documents or a release of the Contractors obligation to perform the Work In accordance with the Contact . Documents. 14,14 Waiver of Claims; • a_ The acceptance by.the Contracwr of die final payment referred to in Article 1+11, herein,shall be a release of the Owner • and its agents from all claims of liability to the Contractor for anything done or furnished for.or relating to,the Work or for • any act or neglect of the Owner or of any person relating to or affecting the Work,except demands made against the Owner for the remainder, if any, of the amounts kept or retained under the provisions of Article 14.1 I, herein; and excepting all pending,unresolved claims filed prior w the date of the Notice of Substantial Completion/Notice of Completion • b. The making and acceptance of final payment shall constitue: • I. A waiver of all claims by the Owner against the Contractor, except claims arising from unsettled hens,from defective Work appearing after Anal inspection pursuant to Article 14.9,from failure to comply with the Contract Documents or the terms of any special guarantees specked therein,or from the Contractor's continuing obligations under the Contras • Documents;and • 2. A waiver of all claims by the Contractor against the Owner other than those previously made in writing and still • unsettled. J.O J Highland Unity Center Cemml Access-Point Fence CONDMONS TO THE CONTRACT GENERAL CONDITIONS PAGE 34 . • • • i • • • ARTICLE 15-SUSPENSION OF Worst AND TERMINATION • I5.1.Suspension of Work by the Owner. At any time and without cause,the Owner may suspend the Work or any portion thereof for a period of not more than 90 ninety idays by notice in writing to the Contractor.The Contactor and the Engineer that will fix the date on which Work will be resumed. . The Contractor shall resume the Work on receipt from the Project Representative of a Notice of Resumpdon'of Work The Contractor shall be allowed an adimt+nent in the Contract Price or an extension of the Contract Times, or both, directly • attributable to any such suspension if the Contractor makes an approved claim therefore as provided in Articles I I and 12. • 15.2 Termination of Agreement by the Owner(Contractor Default): . a. In the event of default by the Contractor,the Owner may.glve 10 days written notice to the Contactor of the Owner's intent • to terminate the Agreement and provide the Contactor an opportunity to remedy the conditions constituting the default.It shall be considered a default by the Contractor upon the occurrence of one or more of the following everts, • iI. If the Contractor becomes insolvent,or assigns its assets for the benefit of its creditors; • 2. If the Contactor persistently fails to„perform the Work in accordance with the Contract Documents(Including,but not • limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure N adhere to the progress schedule established under Article 2.8 as adjusted from time to time pursuant to Article 6.3 • . 3. If the Contractor disregards taws or Regulations of any public body having jurisdiction; • 4. N the Contractor disregards the,authority of the Engineer: • 5. If die Contactor otherwise violates in any substantial way any provisions of the Contract Documents;or 6. If the Contractor falls to prosecute the Work according to the approved construction schedule; • 7. If the Contractor fails to provide a qualified,full-time Superintendent or Project Manager at the site,competent workers, • or materials or equipment meeting the requirements of the Contract Documents. If the Convector fails to remedy the conditions constituting default within the time allowed,the Owner may then issue the Notice of Termination, • b. The Owner may,after giving the Contractor(and the surety)7 days'written notice and to the extent permitted by Laws and • Regulations,terminate the services of the Contactor,exclude the Convector from the site and take possession of the Work and of all of the Contractor's tools,appliances,construction.equipment and machinery at the site and use the same to the full extent they could be used by the Contractor (without liability to the Contractor for trespass or conversion), incorporate in • the Work all materials and equlpment stored at the site or for which the Owner has paid the Convector but which are • stored elsewhere,and finish the Work as the Owner may deem expedient.In such use the Contractor shall rot be entitled to receive any further payment until the Work is finished.If the unpaid balance of the Contract Price exceeds all claims,costs, • losses and damages sustained by the Owner arlsing cut of or resulting from completing the Work such excess will be paid to ithe Contactor.If such claims,costs, losses and damages exceed such unpaid balance,the Contractor shall pay the difference to the Owner. Such claims, costs, losses and damages incurred by the Owner will be.reviewed by the Engineer as to their • reasonableness and when so approved by the Engineer incorporated in a Change Order, provided that when exercising any • ,rights or remedies under this paragraph the Owner shall not be required to obtain the lowest price for the Work performed. • c. Where the Contractors services have been so terminated by the Owner, the termination will not affect any rights or iremedies of the Owner against the Contractor then existing or which may thereafter accrue.Any retention cr payment of moneys due the Convector by the Owner will not release the Contractor from liabllitty. • • 15.3 Termination of Agreement by the Owner(For Convenience): Upon 7 days' written notice.to the Contactor,and the Engineer, the Owner may, without cause and without prejudice to any • other right or remedy of the Owner, elect to terminate the Agreement In such case, the Contractor shall be paid (without • duplication of any Items)for the following. • J.OJ Highland Unity Center Cenral Access-Point Fence CONDITIONS TO THE CONTRACT GENERAL CONDITIONS PAGE35 • • • • • • a. For completed and acceptable Work executed In accordance with the procedure prescribed for the making of the final application for payment and payment under Article 14.7, herein. Contract Documents prior to the effective date of termination,including fair and reasonable sums for overhead and profit on such Work; • b. For expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or • equipment as required by the Contract Documents In connection with uncompleted Work,plus fair and reasonable sums for • overhead and profit on such expenses; • c. For all claims, costs, losses and damages Incurred in settlement of terminated contracts with subcontractors, Suppliers and • other:and • d. For reasonable expenses directly attributable to termination. • The Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or • resulting from such termination, • 15.4 Termination of Agreement by the Contractor; • The Contractor may terminate the Agreement upon 14 days written notice to the Owner,whenever,through no act or fault of the • Contractor, the Work is suspended for a period of more than 90 days by the Owner or under an order of court or other public authority,or the Engineer fails to act on any Application for Payment within 30 days after it Is submitted,or the Owner fails for 30 . days to pay the Contractor any sum finally determined to be due,then the Contractor may, upon 7 days'written notice to the • Owner and the Engineer, and provided that the Owner or the Engineer does not remedy such suspension or failure within that time terminate the Agreement and recover from the Owner payment on the same terms as provided in Article 153. In lieu of • terminating the Agreement and without prejudice to any other right or remedy, If the Engineer has failed to act on an Application for Payment within 30 days after It Is submitted, or the Owner has failed for 30 days to pay the Contractor any sum finally • determined to be due, the Contractor may upon 7 days written notice to the Owner and the Engineer stop the Work until • payment of all such amounts due to the Contractor,Including interest thereon.The provisions of this Article I SA arc not intended • to preclude the Contractor from making claim under Articles I 1 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to the Contractors stopping Work as permitted by this paragraph. • ARTICLE 16--DISPUTE RESOLUTION • Any question about interpretation or clarification,disagreemem or claim that has been timely referred to the Engineer in accordance • with Article 9.8,except any which have been waived by the making or accepting of final payment,shall upon timely demand of either • parry be subject to resolution under the following provisions and the provisions of Article 18.18,herein. a. No demand for arbitration or litigation may be made until the earlier of the following listed times: 1. The date on which the Engineer has Issued a written decision as provided in paragraph 9.8a. • 2. The sixty-first day after the date of the Engineer's receipt of a claim or dispute,or for an adjustment of contract terms,or • both,ff a decision has not been Issued by that date. • b. Pending a resolution of the claim or dispute,the Contractor shall proceed diligently with the performance of the contract and • in accordance with the Englneer's decision unless the parties to this contract otherwise agree In writing.If and to the extent • that Owner and Contractor have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement,such dispute resolution method and procedure, If any,shall be as set forth in Exhibit GC-A, "Dispute • Resolution Agreement:m be attached hereto and made a part hereof.If no such agreement on the method and procedure • for resolving such disputes has been reached,and subject to the provisions of Articles 9.7 and 9.E.Owner and Contractor may exerclse such rights or remedies as either may otherwise have under the Contract Documents or by laws or Regulations In . respect of any dispute. • ARTICLE 17.-MISCELLANEOUS 17.1 Giving Notice: • J.OJ Highland Unity Cenw Cemnl Access—Pam Fence CONDITIONS TO THE CONTRACF • GENERAL CONDITIONS • PACE36 . • • • • • • Whenever any provision of the Contract Documents requires the giving of written notice,it will be deemed to have been validly • given M delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, • or If delivered at or sent by registered or certified mail, postage prepaid,to the last business address known to the giver of the notice. • 17.2 Title to Materials Found on the Work: . The Owner shall have the right to retain title to all soils, stone, sand, gravel, and other materials developed and obtained from • excavators and other operations connected with the Woric Unless Otherwise specked in the Contract Documents, neither the . Contractor nor any subcontractor shall have any right, title, or interest in or to any,such materials. The Contractor will be permitted to use in the Work.without charge,any such materials that meet the requirements of the Contract Documents. • • 17.3 Computation of Times: When any period of time is referred to in the Contract Documents by days,it will be computed to exclude the first and include the • last day of such period.If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of • the applicable jurisdiction,such day will be omitted from the computation.A calandar day of 24 hours measured from midnight to the next midnight shall constitute one day. • • 17.4 Right to Audit: If the Contractor submits a claim to the Owner for additional compensation, the Owner shall have the right as a condition to • considering the claim,and as a basis for evaluation of the claim,and until the claim has been settled,to audit the Contractor's books • to the extent they are relevant This right shall include the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to discover and verify all direct and indirect costs of whatever nature claimed to • have been incurred or anticipated to be incurred and for which the claim has been submitted.The right to audit shall Include the . right to inspect the Contracmr's plants, or such parts thereof, as may have been engaged in the performance of the Work.The Contractor further agrees that the right to audit encompasses all subcontracts and is binding upon subcontractors.The rights to . examine and inspect herein provided for shall be exercisable through such representatives as the Owner deems desirable during the Contractors normal business hours at the office of the Contractor.The Contractor shall make available to the Owner for • audid ng, all relevant accounting records and documents, and other financial data, and upon request, shall submit true copies of • requested records to the Owner. • 17.5 Notice of Claim: • Should Owner or Contractor suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other parry's employees or agents or others for whose acts the other parry Is legally liable,claim will be made • in writing to the other parry within a reasonable time of the first observance of such injury or damage.The provisions of this Ardde • 17.5 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. • 17.6 Cumulative Remedies: . The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto,and, in particular but without limitation,the warranties, guarantees and obligations imposed upon Contractor by Articles . 6.5, 6.8,6.13,6.14, 13.2, 13.8, 13.10, 14.4 and 152 and all of the rights and remedies available to Owner and Engineer thereunder, • are In addition to,and are not to be construed in any way as a limitation of,any rights and remedies available ro any or all of them which are otherwise Imposed or available by laws or Regulations, by special warranty or guarantee or by other provisions of the • Contract Documents,and the provisions of this paragraph will W as effective as if repeated specifically In the Contact Documents • In connecdon with each particular duty,obligation,right and remedy to which they apply. . 17.7 Professional Fees and Court Costs Included: • Whenever reference is made to"claims,costs,losses and damages,"it shall include In each case,but not be limited to,all fees and charges of Engineers,attorneys and other professionals and all court or arbitration or other dispute resoludon costs. • . ARTICLE 18-CALIFORNIA STATE REQUIREMENTS 18.1 State Wage Determinations: • a. As required by Sections 1770 and following,of the California labor Code,the Contractor shall pay not less than the prevailing • rate of per diem wages as determined by the Director of the Calfornia Department of Industrial Relations.Copies of such • J,q.J Highland pricy Center Central Access-Pant Fence CONDITIONS TO THE CONTRACT . GENERAL CONDf13ONS • PAGE37 • • • • • prevailing rate of per diem wages are on Ille at the office of the Owner,which copies shall be made available to any Interested party on request.The Contractor shall post a copy of such determimtkin at each job site, b. The Contractor shall, as a penalty to the Owner,forfeit$50.00 for each calendar day, or portion thereof,for each worker : paid Ims than the prevailing races as determined by the Director for such work or craft In which such worke is employed for arty public work done under the contract by him or by any subcontractor under him. • 10.2 Workers'Compensation: • a in accordance with the provisions of Section 3700 of the California labor Code,the Contractor shall secure the payment of . compensation to Its employees, • b. Prior to beginning work under the Contract,the Contractor shall sign and file with the Owner the following certification • "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured • against liability for workers'compensation or m undertake self-Insurance In accordance:with,the provisions of • that code, and I will comply with such provisions before commencing the performance of the Work of this Contract" • c- Notwithstanding the foregoing.provisions, before the Contract is executed on behalf of the Owner, a bidder to whom a • contract has been awarded shall furnish satisfactory evidence that it has secured in the manner required and provided by law • the payment of workers'canperrsation. . 18.3 Apprentices en Public Works: • The Contractor shall comply with all applicable provisions of Section 1777.5 and 1777.6 of the California Labor Code relating to . employment of apprentices on public works. 18A Working Hours: • The Contractor shall comply with all applicable provisions of Section I810 to I81 S,inclusive,of the California Labor Code relating • to working hours-The Contractor shall,as a pemlty to the Owner,forfeit$25.00 for each worker employed in the execution of • the Contract by the Contractor or by any sub-Contractor for each calendar day during which such worker is required or • permitted to work more than 8 hours In any one calendar day and 40 hours in any one calendar week,unless such work receives compensation for all hours worked in excess of 8 hours at not less than 1-IP2 times the basic rate of pay. . I B.S Contractor Not Responsible For Damage Resulting From Certain Acts of God: • As provided in Section 7105 of the California Public Contract Code, the Contractor shall not be responsible for the cost of repairing or restoring damage to the Work which damage is determined to have been proximately caused by an act of God, in excess of 5percent of the contracted amount, provided. that the Work damaged was built in accordance with accepted and • applicable building standards and the plans and specifications of the Owner.The Contractor shall obtain insurance m indemnify the • Owner for any damage to the Work caused by an act of God if the insurance premium Is a separate bid item in the bidding schedule for the Work. For purposes of this section, the term "acts of God" shall Include only the following occurrences or • conditions and effects:earthquakes in excess of a magnitude of 3.5 on the Richter Scale,and tidal waves. • 18.6 Notice of Completion: • In accordance with the Sections 3086 and 3093 of the California Civil Code,within 10 days after date of acceptance of the Work by • the Owners governing body,the Owner will file,In the County Recorder's office,a Notice of Completion of the Work. • 1&7 Unpaid Claims: • if,at any time prior to the expiration of the period for service of a Stop Notice,there is served upon the Owner a Stop Notice as provided in Sections 3179 through 3210 of the Civil Code of the State of California, the Owner shall, until the discharge thereof, • withhold from the moneys under its control so much of said moneys due or to become due the Contractor under this Contract as • shall be sufficient to answer the claim stated In such stop notice and to provide for the reasonable cost of any litigation thereunder: provided,that ff the Engineer shall,in its discretion, permit the Contractor to file with the Owner the bond referred m in Section • 3196 of the Civil Code of the State of California,said moneys shall not thereafter be withheld on account of such Stop Notice. f.OJ Highland Unity Center Central Access-Point France CONDITIONS TO THE CONTRACT GENERALCONDITIONS • PAGE 38 • • • • • • • 18.8 Concrete Forms,Falsework,and Shoring. • The Contractor shall comply fully with the requirements of Section 1717 of the Construction Safety Orders, State of California, • Department of Industrial Relations,regarding the design of concrete forms,falsework and shoring,and the inspection of same prior to placement of concrete.Where the sald Section 1717 requires the services of a civil Engineer registered in the State of California . to approve design calculations and working drawings of the falsework or sharing system, or to inspect such system prior to placement of concrete,the Contractor shall employ a registered civil Fingineer for these purposes,and all costs therefore shall be Included in the price named in the Contract for completion of the Work as set forth kh the Contract Documents. • • 18-9 Retainage From Monthly Payments: Pursuant to Section 22300 of the California Public Contract Code, the Contractor may substitute securities for any money • withheld by the Owner to Insure performance,under the Contract. At the request and expense of the Contractor, securities . equivalent to the amount withheld shall be deposited with the Owner or with a state or federally chartered bank as the escrow Mont who shall return such securities to the Contractor upon satisfactory completion of the Contract Deposit of securities with . an escrow agent shall be subject to a written agreement for in-lieu construction payment retention provided by the Owner • between the escrow agent and the Owner which provides that no portion of the securities shall be paid to the Contractor until the Owner has cerdfied to the escrow agent,in writing,that the Contract has been satsfactorlly completed.The Owner will not certify • that the Contract has been satisfactorily completed until at least 30 days after filing by the Owner of a Notice of Completion. Securities eligible for investment under Public Contract Cade Section 22300 shall be limited to those listed in Section 16430 of the • Government Code and to bank or savings and loan carrillcates of deposit • 18.10 Public Works Contracts Assignment to Awarding Body: • In accordance with Section 7103.5 of the California Public Contract Code,the Contractor and wbcontra tors shall conform to the • following requirements. In entering Inm a public works contract or a subcontract to supply goads,services,or materials pursuant to a publlc works cortract 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 Section 4 of the Clayton Act(15 U.SC,Sec. 15)or under the Cartwright • Act (Chapter 2 (commencing with Section 16700) of Part 2 Division 7 of the Business and Professions Code), arising from purchases of goods,services,or materials pursuant to the public works contract or the subcontract.This assignment shall be made • and become effective at the time the awarding body tenders final payment to the Contractor,without further acknowledgement by • the parties. • IS.1 I Submittal of Bids;Agreement to Assign: • In accordance wlth Section 4552 of the Government Code,the bidder shall conform to the following requirements.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, • tile, and Interest In and to all causes of action it may have under Section 4 of the Clayton Ada(I5 U.S.C. Sec. IS) or under the • Cartwright Act(Chapter 2 (commencing with Section 16700) of Part 2 Division 7 of the Business and Professions Code) arlsing from purchases of goods,materials,or services by and 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. • 18.12 Payroll Records;Retention;Inspection;Noncompliance Penalties;Rules and Regulations: • a. Each Contractor and subcontractor shall keep an accurate payroll record,showing the name,address,social security number, • work classification.stralght 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 him or her in connection with the public work. • • b. The payroll records enumerated under paragraph 18.12a shall he certified and shall be available for Inspection at all reasonable hours at the principal office of the Connector on the following basis: . • I. A certified copy of an,employees payroll record shall be made available for inspection or furnished to the employee or • his or her authorized representative on request. • 2. A certified copy of all payroll records enumerated In paragraph I8-14 herein, shall be made available for Inspection or • finished upon request to a representative of the body awarding the contras" the Division of Labor Standards enforcement,and the Division of Apprenticeship Standards of the Department of Industrial Relations. • • J,O.J Noland Unity Cmter Cwmal Access-Point fence CONDITIONS TO THE CONTRACT • GENERALC.ONDITIONS . PACE39 • • • • 3. A certified copy of all payroll records enumerated in paragraph 18.12a, herein, 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 body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards • Enforcement If the requested payroll records have not been provided pursuant to paragraph 18.12b.2, herein, the requesting party shall, prior to being provided the records, reimburse the casts of preparation by the 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 the Contractor, • c. Each Contractor shall file a terrified copy of the records, enumerated in paragraph 18.14 herein, with the entity that • requested the records within 10 days after receipt of a written request d. Any copy of records made available for Inspection as copies and furnished upon request to the public or any public agency by • the awarding body,the Division of Apprenticeship Standards,or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individuar$ name, address, and social security number. The . name and address of the Contractor awarded the contract or performing the contract shall not be marked or obliterated. e. The Contractor shall Inform the body awarding the contract of the location of the records enumerated under paragraph • 18.12a,herein,including the streetaddress,owner and county,and shall,within 5 working days,provide a notice of a change of • location and address. f. In the event of noncompliance with the requirements of this Section,the Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying In what respects the Contractor must comply with this Section. Should noncompliance still be evident after the 10-day period,the Contractor shall,as a penalty to doe state or political subdivision on • whose behalf the contract Is made or awarded,forfeit 25 dollars for each calendar day,or portion thereof,for each worker, • until strict compliance Is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement,these penalties shall be withheld from progress payments then due. • g. A copy of all payrolls shall be submitted weekly to the Engineer.Payrolls shall contain the full name,address and social security • number of each employee, his or her correct classification, rate of pay,dolly and weekly number of hours worked, itemized • deductions made and actual wages paid. They shall also Indicate apprentices and ratio of apprentices to journeymen. The employee's address and social security number need only appear on the first payroll ah which his name appears,The payroll • shall be accompanied by a "Statement of Compliance" signed by the employer or its agent indicating that the payrolls are • correct and complete and that the wage rates contained therein are not less than those required by the contract The "Statement of Compliance"shall be on forms furnished by the Owner or on any form with Identical wording.The Contractor • shall be responsible for the submission of copies of payrolls of all subcontractors. • In, If by the I Sth of the month,the Contractor has not submitted satisfactory payrolls for all work performed during the monthly • period ending on or before the I st of that month,the Owner will retain an amount equal to 10 percent of the estimated value • of the work performed during the month from the next monthly estimate, except that such retention shall not exceed $10,000 nor be less than$1.000,Retentions for failure to submit satisfactory payrolls shall be additional w all other retentions • provided for In the contract The retention for failure to submit payrolls for any monthly period will be released for payment • on the monthly estimate for partial payments next following the date that all the satisfactory payrolls for which the retention was made are submitted. • 18.13 Cultural Resources; • The Contractor's attention is directed to the provisions of the Clean Water Grant Program Bulletin 76A which augments the • National Historic Preservation Act of 1966(16 U.S.C.470 as specified under Section entitled,"Temporary Environmental Controls • of the General Requirements. 1 8,14 Protection of Workers in Trench Excavations: As required by Section 6705 of the California Labor Code and in addition thereto,whenever work under the Contract involves the excavation of any trench or trenches LS meters (5 feet) or more In depth, the Contractor shall submit for acceptance by the • Owner or by a registered civil or structural Engineer,employed by the Owner,to whom authority to accept has been delegated,in • advance of excavation,a detailed plan showing the design of shoring,bracing, sloping,or other provisions to be mane for worker J.O.J Highland Unity Center Central Access—Palm Fence CONDITIONS TO THE CONTRACT • GENERAL CONDITIONS . PAGE 40 . • • • • • • • protection from the hazard of caving Bound during the excavation,of such trench or trenches.N such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety.the plan shall be prepared by a registered civil or itrhrttural Engineer employed by the Contractor,and all costs therefore shall be included in the price named in the Contract for completion of the Work as set fords In the Coma at Documents.Nothing In this Section shall be deemed to allow • the use of a sharing, sloping or other protective system less effective than that required by the Construction Safety Orders. • Nothing in this Section shall be construed to impose tort liability on the Owner, the Engineer, or any of their officers, agents, representatives,or employees, • • IS.I S Travel and Subsistence Pay: a. As required by Section 1773.8 of the California labor Code the Contractor shall pay travel and subsistence payments to each •' worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective • bargaining agreements filed in accordance with this Article. • b. To establish such travel and subsistence payments,the representative of any craft,classification or type of workman needed to • execute the contracts shall file With the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft,classification or type of work Involved.Such agreements shall be filed within 10 days after • their execution and thereafter shall establish such travel and subsistence payments whenever filed 30 days prior to the call for • bids. • 10.16 Removal,Relocation,or Protection of Eadsting Utilities: • a. In accordance with the provisions of Section 4215 of the California Government Code,any contract to which a public agency as defined in Section 4401 is a party,the public agency shall assume the responsibility,between the parries to the contract,for • the timely removal, relocation, a protection of existing main or trunklim utility facilities located on the site of any • construction project that is a subject of the contract, if such utilities are not,identified by the public agency in the plans and specifications made apart of the invitation for bids. The agency will compensate the Contractor for the costs of locating, • repairing damage not due to the failure of the Contractor to exercise reasonable care,and removing or relocadng such utility facilities not Indicated in the plans and specifications with reasonable accuracy and for equipment on the project necessarily idled during such Work. • • b. The Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities. c. Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction project can be Inferred from the • presence of other visible facilities,such as buildings,meter and junction boxes, on or adjacent to the site of the construction; • provided, however, nothing herein shall relieve the public agency from identifying main or tank lines in the plans and specifications. • d. If the Contractor while perfonning the contract discovers utility beilhles not ldendfied by the public agency In the contract • plans or specifications,he or she shall immediately notify the public agency and utility in writing. • e. The public utility,where they are the owner,shall have the sole discretion to perform repairs or relocation work or permit • the Contractor to do such repairs or relocation work at a reasonable price. • 18.17 Contracts for Digging Trenches"Excavations;Notice on Discovery of Hazardous Waste or Other • Unusual Conditions,Investigations;Change Orders;Effect an Contract • As required under Section 7104 of the Public Contracts Cade(5tats.of 1989),In any public works contract of a local public entry which involves the digging trenches or adher excavations that extend deeper than 1.2 meters (4 feet)below the surface shall be . subject to the following conditions:The Contractor shall promptly, and before the conditions specked in Article 4,5, herein, are . disturbed,notify the public entity in writing of any of the conditions described In Article 4.5,herein. •. IS.I S Resolution of Construction Claims: .. • a. As required under Section 20104, et seq., of the California Public Contract Code, any demand of$375.000 or less, by the. Contractor for a time extension, payment of money, or damages arising from the work done by or on behalf of the J.O.J Highland Unity Center Central Access-Pant Fence CONDITIONS TO THE CONTRACT GENERAL CONDITIONS • PAGE 41 • • • • Contractor pursuant to this Contract; or payment of an amount which is disputed by the Owner shall he processed in • accordance with the provisions of said Section 20104, et seq.. relating to informal conferences, non-binding judicially supervised mediation,and judicial arbitration, b. A single written claim shall be filed under this Article prior to the date of final payment for all demand resulting out of the • Contract. • C. Within 30 days of the receipt of the claim,the Owner may request additional documentation supporting the claim or relating • to defenses or claims the Owner may,have against the Contractor. If the amount of the claim is less than $50,000. the • Contractor shall respond to the request for additional information within 15 days after receipt of the request.The Contractor shall respond to the request within 30 days or receipt If the amount of the claim exceeds$50,000,but is less than$375,000, • d. Unless further documentation Is requested,the Owner shall respond to the claim within 45 days if the amount of the claim is • less than $50,000, or within 60 days if the amount of the claim Is more dun $50,000 but less than $375,000. If further documentation is requested,the Owner shall respond within the same amount of time taken by the Contractor to respond, • or IS days,whichever is greater, after receipt of the information if the claim is less than$50,000. If the Claim is more than • $50.000 but less than$375,000 and further documentation is requested by the Owner,the Owner shall respond within the same amount of time taken by the Contractor to respond or 30 days,whichever is greater. • e. . If the Contractor disputes the Owners response, or the Owner fails to respond, the Contractor may demand an informal • conference to meet and confer for settlement of the issues in dispute.The demand shall be served on the Owner within 15 • days after the deadline of the Owner to respond or within 15 days of the Owner's response, whichever occurs first The • Owner shall schedule the meet and confer conference within 30 days of the request. f. If the meet and confer conference does not produce a satisfactory result,the Contractor may pursue the remedies authorized by law. END OF GENERAL CONDITIONS • • • • i • • i • • • • i • • • • • J.OJ Highland Unity Center Cenu'al Access—Point Fence CONDITIONS TO THE CONTRACT GENERALCONDMONS PAGE 42 . • • • • • • • CONDITIONS OF THE CONTRACT • SUPPLEMENTARY GENERAL CONDITIONS • GENERAL These Supplementary General Conditions make additions,deletions,or revisions to the General Conditions,as indicated herein All • provisions that are not so added, deleted, or revised remain in full force and effect. Terms used in these Supplementary General • Conditions that are defined in the General Conditions have the same meanings assigned to them In the General Conditions. • ARTICLE 1 -SUPPLEMENTARY DEFINITIONS • In addition to the definitions in the provisions of Article I of the General Conditions,the following respective supplemental definitions shall apply: • Engineer-The word Engineer shall mean the Owners Architect of the City of Palm Springs,or their designated represemarive. • • Working Day-A Working Day is defined as any day,except as follows: a. Saturdays.Sundays,and any legal holiday officially observed by the City of Palm Springs. • • 6. Days on which the Contractor is prevented by inclement weather or condition resulting immediately there from adverse to the current controlling operation or operations,as determined by the Engineer,from proceeding with at • least 75 percent of the normal labor and equipment force engaged on such operation or apem7ons for at least 60 • percent of the total daily time being wrrently spent on the controlling operation or operations. . ARTICLE 2-PRELIMINARY MATTERS 2.1 Legal Address of the Owner. • The official address of the City shall he City of Palm Springs,3200 East Tahquitz Canyon Way,Palm Springs,CA 92262 or such other address as the Ovmer may subsequently designate in written notice to the Contractor. • 2.2 Legal address of the Owners Project Representative: • The name and address of the Owner's designated Project Representative shall be the ARCHITECT,Interactive Design Corporation, 199 South Civic Drive, Suite 10, Palm Springs, CA 92262 or such other address as the Resident Project Representative may • subsequently designate in writing to the Contractor. • ARTICLE 3-CONTRACT DOCUMENTS;INTENT,AMENDING,AND REUSE • 3.1 Contract Documents: • The following Article 3.7 shall be added to the General Conditions: • 3.7 Scope: • a. The work to be performed under this Contract shall consist of furnishing all pfan4 tools, equipmen4 materials, and manufactured articles and for furnishing all transportation services,and all fuel,power,water,and essential communications, . • and for the performance of all labor, work or other operations required for the fulfillment of the Contract In strict accordance with the Specifications,Drawings,Schedules,and other Contract Documents as defined in the Contract,all of which are made a part hereof and including such detail sketches as may be furnished by the Engineer from time to time • during construction in explanation of said Drawings or Other Contract Documents, • b, The Work shall be complete and operable,and all work, materials,and services not expressly called for or shown in the • Cornract Documents which may be necessary for the complete and proper consvixtion of the Work In good pith shall be • performed,furnished,and installed by the Contractor as though originally so specified or shown,at no additional cost to the Owner. • ARTICLE 4 - AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE • POINTS • 4.6 Asbestos,PCBs,Petroleum,Hazardous Waste or RadloacdVe Material: The following shall be added to the General Conditions: • • • J.O.J Highland Unity Center Central Access-Pont Fence SUPPUMENTARY GENERAL CONDITIONS PAGE • • • • • a. A Lead Paint Inspection Report for the City of Palm Springs dated October 18, 1997 states existence of Lead in the wall tiles. General Contractor to become familiar with the physical conditions of the project and provide necessary provisions required by the local,state,and corresponding regulations when coming in contact with Lead is necessary. Refer to Section / 02070 Selective Demolition and Reconstruction, / ARTICLE 5-BONDS AND INSURANCE / 5.1 Performance and other Bond Amounts: a. The Contractor shall furnish a satisfactory Performance Bond in the amount of 100 percent of the Contract Price. / b. The Coni z=r shall provide for a one-year extensw of die Performance Bond to cover the one-year correction and / repair period for correction or removal and replacement of defecdve work as required under Articles 13.7 and 13.8 of the / General Conditions. Said Performance Bond shall be maintained at not less than IS percent of the Contract Price during • said oneyear extension. / 5.2 Bonding Company Waiver of Right of Hodficadon: / The Contractor shall assure that its Banding Company is familiar with all of the terms and cond'vions of these Specifications,and shall obtain a written acknowledgement by the Bonding Company that said Bonding Company thereby waives the right of special • notification of any changes or modifications of the Contract or of extensions of time or of decreased or Increased Work or of / cancellation of the Contract,or any other act or acts by the Owner or any of its authorized roprewntatives. S.3 Insurance Amounts: • The limits of liability for insurance as required by Article 5.2 of the General Conditions shall provide coverage for not less that the / following amounts or greater where required by Laws and Regulations: / I. Workers'Compensation:Under Article 5.2b.1 of the General Conditions: / a) State: Statutory Amount Or minimum$1,000,000 / b) Employer's Liability: $1,000,000 • 2. Comprehensive General Liability.(Under Article 52b2 of the General Condition: / a) Bodily Injury(Including completed operations and products liability and wrongful death): / $ 1.000.000 Each Occurrence $ 1,000.000 Annual Aggregate / Property Damage: • $ I,D00.000 Each Occurrence $ 1,000.000 Annual Aggregate • b) Property damage liability insurance will provide explosion,collapse,and underground coverages where applicable. / c) Personal injury,with employment a Iuslon deleted: $ 1,000,000 Annual Aggregate / 3. Comprehensive Automobile Liability:(Under Article 5.2b.3 of the General Conditions: / a) Bodily Injury(Including wrongful death): • $1,000,000 Each Person $I,000,ODO Each Occurrence / b) Prey Damage; / $1,000,000 Each Occurrence or a combined single limit of$1.000,000 / 4. Bulkier's Risk:(Under Article 5.2b.S of the General Conditions) 100 Percent of the Contract Price ARTICLE 6-THE CONTRACTOR'S RESPONSIBILITIES • 6.2 Labor,Materials and Equipment: / Add the following sentence to Article 6.2,subsection(a)of the General Conditions: • / J.O.JHthhndUnityCenterCentralAccess-Point Fence SUPPUMENTARY GENERAL CONOITIONS • PAGE 2 • / / • • • ! All Work at the site shall be performed during the working hours specked in Section 0 10 12,"Summary of Work',of these ! specifications. • 6.4 Concerning Subcontractors,Suppliers,and Others: ! Add the following subparagraph(e)to Article 6.4 of the General Conditions: (e) in addition to the provisions of Article 6.5 of the General Conditions,the Contractor shall perform not less than 20 ! percent of the Work included In the original Contract Price with its own forces(Le.,without subcontracdng),except that any . designated"Specialty Items"may be performed by subcontract and the amount of arty such"Specialty Items"so performed may be deducted from the original total Contract Price before computing the amount of work required to be performed by the ! Contractor with its own forces.When items of work in the Bid Schedule are preceded by the letter"S,"such items are designated as"specialty Items."Where an entire item is subcontracted,the value of the work subcontracted will be based upon the contract Item bid price,When a portion of an item is subcontracted,the value of the work subcontracted will be the • estimated percentage of the contract item bid price,determined from the information submitted by the Contractor,subject to ! approval of the Engineer,The 20 percent requirement shall be understood to refer to the Work,the value of which totals not less than the full Contract price. . 6.5 Pertrii[s,License Fees,and Royalties ! The following subparagraphs"d.""e"and Tare hereby added to Article 6.5 of the General Conditions: • (d) Business license and Permits:All permits issued by the City of Palm Springs shall be obtained by the Contractor,but will be . paid by the Owner;provided that prior to beginning the Work hereunder,the Contractor shall obtain and pay for a City of Palm Springs business license.Except as otherwise provided herein,all permits issued by other agencies and authorities having . • jurisdiction shall be obtained and paid for by the Contractor. • (e) Building Permits:The Contractor shall obtain all licenses and shall assist in obtaining permits required to perform the Work ! of this project The general Building Permit and Plan Check Fee will be paid for by the Owner,Other permit fees,including encroachment fees and electrical,mechanical,and plumbing permit fees will be paid directly by the Owner.No separate payment ! therefore will be allowed under the Contract for any of the permits or fees under this Article. • • (f) Utility Fees:Utility connection fees,lateral fees,utility stricture changes and tariffs,inspection fees,and slmllw utility-related fees will be paid for directly by the Owner.Annexation fees,flood control fees,pollution district fees,and similar • fees will also be paid by the Owner.No separate payment therefore will be allowed under the Contract for any of the fees under this Article • &7 Laws and Regulations: The following subparagraph(d)is hereby added w Article 6,7 of the General Conditions: • (d) The Work Is located at the J.0)Desert Highland Unity Center in Palm Springs,County of Riverside,State of California, . The Contractor shall comply with all ordinances,regulations,and other lawful requirements of said Owner,County,and State ! goveming the work on public property. ! ARTICLE 7-OTHER Work . 7.2 Coordination: . Add the following section: The Owner may perform,or contract with others to perform,work at the Site for the disconnection and reconnection of HVAC equipment and ductwork The Contractor shall coordinate and cooperate with such forces during the performance of the work The Engineer shall have final authority in respect of such coordination. • ARTICLE 10-CHANGES IN THE Work . 10.2AIlowable Quantity Variations:Deleted[UNIT PRICE JOBS ONLY] • 10.3 10.3 Increases of More Than 25 Percent Deleted[UNIT PRICE ONLY] 10.4 Decreases of Moro Than 25 Percent:Deleted[UNIT PRICE ONLY] • ! ARTICLE 11 -CHANGE OF CONTRACT PRICE ! J.O.J Highland Unity Center Centel Access—Point Fence SUPPUMENTARYGENEP.4L CONDITIONS PAGES ! • • w w w w 11.2 Equipment w The fallowing wording shall be added to the end of Article 1 1.2,subparagraph(d): Whenever under the terms of this Contract dte Contractor Is entitled to additional payment for the use of renal equipment . the Contractor will be paid for the use of the Equipment at the rental rate listed for such equipment specified In the current edition of the following reference publitatiorC w AED Green Book 48th Edition, 1997 Rental Rates&Specificadons for Construction Equipment,as published and complied w by Machinery Information Division of K-III Directory Corporation, 1735 Technology Drive,Suite 410.San Jose,CA 951 10- w 1313 Telephone(800)669-3282, w ARTICLE 13-WARRANTY AND GUARANTEE;TESTS AND INSPECTIONS;CORRECTION,REMOVAL;OR ACCEPTANCE OF DEFECTIVE Work 13A Tests and Inspections: • The following subparagraph"f is hereby added to Article 13A of the General Conditions: w (I) Al Special Impectians required under the provisions of Section 305 of the Uniform Building Code will be provided and paid for by the Owner. w 13.6 Correction Period: w References to a Correction and Repair Bond as referred to In General Conditions Article 13.8,subparagraph d,shall be as specified in • the Supplementary General Conditions,Article 5.1,subparagraph b. w ARTICLE 14-PAYMENTS TO THE Contractor AND COMPLETION 14.2 Unit Price Bid Schedule:Deleted. . 14.3 Application for Progress Payment w The fallowing provision shall be added to Article 14.3c of the General Conditions: In addition to the provisions of Article 14.11 of the General Conditions for withholding of funds from the Final Payment, the Owner may retain a portion of the amount of each progress payment otherwise due to the Contractor,as follows: 1. The Owner will retain 10 percent of each approved progress payment until the Work is$0 percent complete; • then,the Owner may,at Its opdon suspend further retairege until the final progress payment 2. The Owner reserves the right to reinstate up to 10 percent retainage of the total of the Work done if the Owner determines,at its discretion,that the Contactor is net performing the Work satisfactorily,or there is other specific czuse for such retalnage. 18.3 Deleted. • 18.12 Deleted. END OF SUPPLEMENTARY GENERAL CONDITIONS • w w w • w • J.O.J Highland Unity Center Central Access-Point Pence SUPPLIMENTARY GENERAL CONDITIONS • PAGE w w 1 • • • • • • • CITY OF PALM SPRINGS . • JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER • CENTRAL ACCESS - POINT FENCE • SPECIFICATIONS • • • • PART III - GENERAL LABOR STANDARDS • Federal Labor Standard Provisions/ Federal Prevailing Wage Contractors Certification on Federal Contract Requirements • Certification of Bidder Regarding.Segregated Facilities . Section 3 Clause&Contractor Certification • • • • • • • • • • • • • • • • • • • J.O J Hi Nand Unity Center Central Access—Point Fence GENERAL LABOR STANDARDS PAGE • • • • • • • FEDERAL LABOR STANDARDS PROVISIONS and • FEDERAL PREVAILING WAGE DECISION • • 2-1 LABOR STANDARDS REQUIREMENTS- PRECONSTRUCTION PHASE. A construction project . • covered by Federal Labor Standards requires a series of specific actions by contract administrators or labor standards personnel prior to the actual start of construction.Those actions are: • . a. obtaining an applicable wage determination for the project; • b. including that wage determination (and any modifications) in the bid documents (where there is . competitive bidding or in invitations for proposals...) c. including appropriate labor standards provisions and the wage determination in the • construction contract;.... • • 2-2 CONSTRUCTION WAGE DETERMINATION - DEFINITION. All construction bid documents • and contracts or analogous instruments covered by Federal Labor Standards must contain a current and applicable wage determination issued by the Department of Labor.The term "wage • determination" includes the original decision and any subsequent decisions modifying, superseding, . correcting, or otherwise changing the provisions of the original decision. Reference: Handbook 1344.1 "Federal tabor Standards Compliance in Housing and Community Development Programs", paragraph 2-1,section 1 paragraph 1-I. • • OBTAINING WAGE DETERMINATIONS • Project wage determinations are obtained through submission of Standard Form SF-308 to the • Department of Labor (DOL), by visiting htWlhw .dir.ca and • httpJJwww.wdolgovlwdoi/scafliiesldavlsbacon1CA36.dvb for federal wages. • . Project wage determinations initially issued shall be effective for 180 calendar days from the date of such • determinations. If an effective wage determination is not used in the period of its effectiveness, it is void. Initial endorsement or start of construction,whichever occurs first, will serve to "lock in" the • wage determination. Allow at least 30 days for processing such requests to HUD. • • • • • • • • • • • • J.O.J.Highland Unity Center Central Access-Paint Fence FEDERAL LABOR STANDARDS • • • • • • • • Federal Labor Standards Provisions U.S.Department of Handling ' • and Urban Development Off of Labor Relatlate • Applinabinry (1) The work to be Petrograd by the cassigngian • The Project or Program to which the Construction work requested!s n0t performed by a Glassincatim in the wage covered by ride contract petioles,is being Sasfaled by the 40mrninaaonp and . United State$of America and the following padpml'LAW 12) The 04ssigoalioft is ualiked in the arso by the morrooms Provisions are Inelp0ed in this Conlrac canerructipn Industry;and • Parental to the proyislomf appfi0sbla to such Pedeal (a) The proposed wage raft, including toy bane fide assfalarim W90 benefits, beat% 6 reasonable belalianshlp to the . A, 1. (n Minimum Wapom. Ad laborers and mechanics "we miss contained In the wage de(amMnation. employed or Walking upon the site of the Work,son be paid (b) If Me contractor and In*aboard and mechanics to be • unvote tioamlty and not I,&,often Than pfloe a week,and ampluyod In the clvamllesban of known), or their without subaaquent 40actlon Or rebate on,any Account nprosMleBvpa� and Hui) Of Its d0algnom agree on the classificat . (except OUFh payfdl deductions ep age Permitted by ion and wage rate (Including the amount regulations Issued by the sociality of Labor under the dpmignatae for fnnga benefits whom appropriate),a report Copomad Ad(fla OFI't Part 3), the full ameun(of wages of the meson taken shelf be sent by HUD an Its domigree l0 and bona fide fringe benefits(or cash egWvaiems f1mrsef) the Administrator 04 the Wage One Hour Division, due m time Of payment coal at jams net less than Employment Standards Administration,U.B-Deparonanl,or • Mesa contained In tee wage determineBon of Ma Labor.Washington,D.C.20210, The AdminfnfrMer.or as Secretary of Labor which 1s attached herald sad Mudd a eulhml+sod nprauMatlya, rave • Part himplied. 'regardless of any aontrAemai relationship disapprove Seery additional l ppp appon match, m within 9modify. pf which may be e110g0d la enmt between the ,Mader sod days of receipt am"adviat HUD of Its d6algdee or will . such lahoram and mechanic, Contributions made Of notify HUD or Ilea daslgnea within the 30.aty paned that costs ye6aanably an[IFipSR6d f0r bona fide Mnge QBnenp additional time is necessary. VApproved by ter Office of . under SGUIOn 0)(g) of Me DBaiMilimon Act on behalf of Management And Budoot under OMB control number 1215- fabamm of mochsoloa am conaldared wages paid to such 0140.)' laborers or mechanics,subJeol 10 the provisions at 29 CFIo (c) In)he even)the rmnlrbalnr,the la6anm or msmhanipa •s 5 a)(t)pvi; also. regular contributions mean or teats to 'be ram n M !rap thm atgwts o oc matr incurred few more than a weekly period(but not lass often p • than quarterly) deem plans, funds, or programs, whi0n mpmsenlaiirms,and HUD or Jim demigfrao do pat agree on cover the port(culsr weekly period, an deemed to be the proposed classification gad wage rate (Including the • constructively made or ff"irad timing such smetty period, HUD or is designee she" rater Ise Including amount das(goolod for fringe bsnef m,where appopriate), ' i qussltME, Ruch 7aburerz and mechanics shelf be geld the epproprlate the team of all Intereelpd parties and the recommendation • wage rate and fringe benefits an the wage determination Of HUD or Its designee, to Me Administrator far (fir the 01913111catlon of work actually performed, wifhout detemJnotion, The Administrator, er an authorized Afford to skill,'Mail as prwgdod In 20 CFO.5.0(e)(4), representative,Arm to"a aslorminatlon Mihln 30 day$of Laboron or mechanics performing work in mare Mon,tone. rectipt pna 4o advise HUD or Its designee of Von notify • classlficolloo may be compensated at the rote speolned for HUD Or its designee within am, 304ay period that aaoh clasMbcallpn for the time oelbally watt a l therein: adaltionef lime Is necessary. (Approved by the Ofgc of . Provided, That the emplayer', payroll mooma ar ualely Management and Budget under.Odin Corbel Number set Ranh the time Item In each 01061ficalmn in whits f2fa-tlf4P.) walk it ppftprled- Yne wage determination{Maludhg any (d) The vwa rate (Incladmo fringe Qenettle when •additional classification and wage at,, performed under appropriate) determined pumuarti to vabparagrapha 20 CFfi 9.S(aNt)PI) and Me oava-aauen poster (y!H• 1321)shelf be posted at 011 time&by the coMnolof and its (1)(n)(h) or (ci of this paragraph, Shag b0 paid to all ap,caMMOMM At the site of the coo/k in a promloont add workers performing work In the classification Mast this . o"0660,16, place when 11 can be easily amen by Me contact from the flat day on which work is performed in worker,, the classification. (11) (a)Any data of laborers or mechanics watch Is not [III) wheasver the minimum'wage rate prescribed in the • naiad in the wmge determination sad which is to be contract ter a came of ebOram 0r m,,hacca Incites$ a • empoyed under the owitract shall be classified In fringe teleoflt which is not Wasted as an hwfly rate,the 01110m14nne with the wage oet0rmi4atma. HUD shall conOader Shop either pay the benefit ea meted in The approve an additional aMtaBaelMn end wage rate and Wage determination or&hail pay against bona fide fringe . fringe bIMOMS MKdor only whop Iha following criteria benefit m an hourly"on equivalent Matter, hews bead mac (iv) if the contractor doom no make psyman(a to a trustee . or other hung ponar.the contractor may somlder a,part Peewit edMba am cbsolek page r ofti ref.tlandbrmk 1344.1 • • • • J.O.J.Highland Vngy Cancer Central Access-Point Fence FEDERAL LABOR STANbARdS • • • • • • • • • • . of the wagon of any Iaboner or mechanic me amount of any otlminaalcaled In welkinp to ma labarrere or machanlcs 00416 reasonably anticipated In providing bone fide trlpge affected,and reanrds which slow the Coals alliciDelee or barbers under a plan or program. Provided, That the. the actual cost incurred In providing such bonegte. • Secretary of Labor has found, upon in*written request of COmIFSCWIS employing apptanlfwt or Iraiaeea under end contractor,that the applicable standards 01 the Davis- approvatl programs seen maintain gone" evidence of the. • 96eon Act have been mat. The Secretary of Labor may (agistretlern of apprenuCeship programs and ounkla Lion of require the contractor to ate{ aside in a separate aaumud Intense programs, the roglzbootm at the apprrreloos and . $soot$ for she m Ong of 00110aeons under the plan be Iree a", and rho Folios and Wag*rat"prescribed in Ito prootam. (Approved by the Office of Menllgamsnt amg applicable programs. (Appriod by the t)ffiee of • Budget under 0140 Control Number 121"14l).) Management and Budget under Dealt Central Numb*fa I. Wltbhafdlhg, HUD of its designee shag upon its own i2lb•9140 and 121a-g017.) action or upon written reigy"t of an authorised fill (a) The contractor shall esbrng weekly for faun weak mprB*Anlalive of the POP611111*nl Of LOGO, wNhhold or In which any contract work is performed a copy of All . cause to be, wlthhoM from the contractor under thin payrolls lc HUD 0t Its deeignea If the*gooey Is a party to contract or any other Postal contract War tee,acme prime the nenbeC1. but H the sgeney is not such a parry, the . canlreutOt, or any GU,M Federallya6916Hld coalesce contractor wtu submit the payrolt$ Io the applicant 'Subject a Davit-Bacon preave ling wage rtequhamanks, sponsor,or a"*r,as Iho as$$may be,tar immul sign to which a held by the tamp prime conlraotur to much of the HUD or Its designer..The payalla submitted.ghat at out . $eamad 081011611119 or advances as pay bei eon/Mead am0 nately and completely air of the information enquired necessary t0 pay 1$1JOna srnl marhank", Including to be maintained andef 29 CFR 5.a(e)(3)(I)except that full • appamlcas, tralnees and helpers, ampfcyed by the 40001 aeoudty wenbera and home addf*6a"shag not be connector ar any subcontractor The fun amount of wagon Included on weakly H*neniilas, Instated the parterre shag nmuhtd by the contact In rho event of tell"to pay any Only need t0 include an Individually Identifying number far isboter or nachonio, including any appmonsa, Heldee or each amployen,(C.g.,the last four digits of the*mpl0yee's helper,employed Or vrofklrg us The site of the work,all or &octal security number]. The roqulrod weakly payroll Part 0f the wage* required by the dbntrant, HUD ter its information may 40 submitted In say form d"irru. . designee may, After written noucer to this apmlrno{ol, Optional Form WH-347 is avaDable for this purpose tam aponaak-applleaen, or owner,take each Action ore entry he the Wage and Hour Division Wen $416 at IIOpft"RFY Its *44" the suspenslon at any follow or is . payment, advance, or guarantee of funds uma such auna*a,W site. I'he prim* contactor is responsible fur violation& have cesaed- HUD or its designate may, after the submaaion of"puts of payroll,by Ail subcontractors. . Witttms notes In the ODolfector, disburse such amauaa ContnelOrs and subcontractors *hall maintain the lug withhold lot and on account of rho Contractor or Weis) security number and CYrrodT address of eeeh • ' subcontractor a the neepeative employees 10 wham They Covered Worker, and shall provide them upon request to Are dug. The Camplrpger Densrek shall make such HUD of Its dd6lgnea If the agency is a party to the . dlaWnamenli in tea etas of dlnel Dsvl"p0pn riot COAndcr, but It Ina satrume Is not such a potty, the conbacis, contractor wdi submit the payrolls to the applicant • a. (i) payrolls and bpaio r*oerds. Payrolls and basic mums",Or owner,as me case may be,for transmission to Wants nelaung Ihdrgto shalt be maintained by the MUD or its designee,the contractor.Or the Wage and Hour . comact*r dudhg the couae Of the work preserved tpf a Division Of the Dopartmem at Labor for purposes of an period of three yeast thereafter for all IAbbresa and investigation Or audit of Oompllanaa with providing wag* . mechanics wetting Al the Rho of this Work, pace records requirements. 11 is not a vi0la ion of thin sulepatagimpn fa' shalt COOM in the name, address, and *octal security A prima cortheri r to require a babcenpad{or to provide humb*r Of 9Aalt such worker, his or has col7AM addresses and social eendrlty mumbeen to the prim* • classification, hourly note Of wages paid (Including ran$ CreltNOlor(ter Its own record,,without weekly submission of contributions or coats antlWpaad for bona flat fringe to HUD or its designs&. (Approverd by the office of • benefits Of cash equivalents Iheruof of The types described Managemam AM Budget under OMB Control, Number In linden I(b)(2)(0) Of the Davis-bacon Am), daily and 1216.0149J • weakly member Of hours warkod, dedukdoe, made tend (b) Loch payroll ammillod shall be accompanied by a a01tal wages paid. Wheravee the$earolgry of Lobar has "Statement of Coenpilencs," signed by the eonlael0r " found under 29 CFR $.a (a)(1)(Iv) that the wages of any aubennMpctor or hl s of ear agent who pays of sup*nvios& Ia0orsr Cr machpm(p Include the erntlunl of any costa the payment 01 ate persona senplWed under this coon+cl wseonably anticipated In providing benefits under a plan and eha;1 certify The following! . or program dtaeribed in Section I(h)(2)(B) of me Davis- (1) That the payroll lot the payroll period Centel" lie ' • Seabee Act, Iha contractor shag malntaln re*otds which Information required to Ito provided.under 21) CFfe S,S show that the commitment to provide such bonants is (a)(gHll), the appropriate information )a Oman meinteinad anfnrcombio, that rho plan Or program 1s fi"noighte• under 29 CFft b.gfa)($)@. and that such InSonaa/mh is responsible, and that the plan or program else neon under And ctlmptele; loan . anther art 615i� Correct 4 Pago 2 a1 b rat Hendbapk 13"i • • • • J.0 J.Hghland Unity Censer Central Access•Point Fence FEDERAL LABOR STANDARDS • • • • • • • • • (S) That each laborer or tnaclhanic(fnctuding soon nelpar, is not regislarad or areanafat employed as slat" above, . eppred-l",end#*to")employed on the contract during shall be paid not less in$n the 4101+41cable wage Ida on the Ina payroll period bar been paid the full weakly wages wage determination tot the classification of Worn actually • earned, Vertical report, 01", dboMiy or huhrecey, and performed. In MOTION,any epmeallm performing work on Intl no deductions have been made either directly or the lob aft in escape of the ratio pentad moat the • Indlf"lly from, the foil wages earned, other then registered program shall be paid not Isn Iban the parmisturfar dodoetpos as set forth In 2a CFR Part y; eppllcWIS Wapa rate an the wag* detadnlnalien 1hf the • '13) That*Soh laborer or moenanlo bell been paid not lots work actually performed. Where a contractor Ill parfwming than the *Ppilcable wage Islas and fringe benefits or oath W51111040e on a project In a trcalily other than that In • equiveienl$ for In* Waniflpallon Of work performed, ml which Its program is registered, the!silos she wage rates Ep'acifiad in me Applicable woo delerminallhn (expressed In percentages of the.Journeyman's hourly . incorporated Into the eommet. role) epoch" In me conlraoters Or *ulbhanlrecterra (a) The wetkty aubmiaaion of a property onauled mRistw" "fam *hall be Observed. Every ag prarmce • aerfincation Set forth oe the reverse side of Optional Form moat be pall at not fall* than The rate specified 10 the Wf-387$halt Satisfy the requirement for aubmlEslon of the laglstgrad pmpnm for the appmrdlm's level of pmgna*, • "Siatsmsht of Cempllah"', required by subparagraph &"Pressed as a percentage of the Jcamaymen newly rate A.3,#I)Fb). opeolt" In the applicable "go datarmlinllon. (0) The fltSlflwtion of any of the above eef ifleatlans m&'! Apprentices shall be paid fringe benefits is "Widened with the provla tore.of The apprenticeship Program. If the Subject the contractor Or subcontractor to civil criminal M mmicaahip pro rem does nor & .p B p&oifY fringe btndeb, Pro 231 of Title Wider GagglesUnited $let of Title 1l and 8ealicn opfeolleas mud be paid like full amount of hangs benefits 281 of Title 91 d Ins VniNd 8fame Code. listed " the wage determination for the appltepbls • Fill) The eontrict" Or subcontractor snap make the donsiRmlim, It the Admtnistmlar determlon that a mootdo requlred under subpar*graph A,$,(1) available for different practice prevail$ far trio applicable Apprenght . inspection, cepykW, W In "riPtlon by Authorized NanaMnateon,fringe,*hall rid paid In aoahrdancl with That rapmesantallYba of HUD Of lie dostgnee or the geper[moat determination. In the event the Office of Appr arictatlip . of Labor, end shall permit Such repranenatim, Io Training, EMPIO r and Labor Services, or a Still* Interview*mpiathee durm0 working hours on the jab. If AppreMiceahip Agency recognized by the ORica, • the cantraclar or subcontractor fells to submit the required Withdraws .approval of an apprenticeship progmal, iris records Or to make them mvoteble. HUD or its dectri er, contractor will tie larger be permitted to miffs, • may, after written "*me fir the Pummel", oppnaor, apprentices at leas than the eppriaabla predetermined tall oppticgnt Or owner,take suer,x0th,an they be ae094"ry for the work performed urtlt on acceptable program Is • In cause the aLap$eaion Of any(weer payment,advance, approved. Or gumantee of funds, Furthermam, failure to submit the (11) TralMaa. Excerpt as provided in Tg GFR 5.16, • requital recprds upon request or to make such mcamS trainees will not be permitted to work at to,$ than the available may be proundB for debarment BGTian pw*uahl to Rg CPR 6.75. Pra"lerminad We for the work Performed union they am • employed Pursuant ',le and Ndialduoky mph ommi In a *. Apprantim*and TreNe&&. 'program which has received prior approval,Ow0pom1$by • (I) APpantems. 'Apprentime'will be permitted to work at (ormel 9e1tl8catfop by the U.S. DapaeuntM of Labor. 'tea& than the predetermined rate for IAe work Ifs" Emptoymeru trio Training Administration. Too rail* of • Ptffnfm$O when they ere amP111yed pursuant to and "IMO.to Journeymen on the job site affair not as greater 'individually registered to a hen, ride apprantlwahlp ' Iran permitted and*' Iha Ptah approved by the program regtalorad with the U.B. Department d Lebo(, Employment and Training Administration. Every trainee • Employment and Training AdminNintati. Office or- moat 04 paid at not lees then the'rate specified In The AppreniloaaNO Training, Employer and Labor SoMens, or approved program for The lratnae's TOM of progress, • with a grata Appfanli"iftlp A90My recognized by the dxpfcsMd as M percentage or life Journeyman hourly rate Office, err if a pan&on I$ employed In his or her first go specified In the applicable wage determination_ Trains, • days of pmballoamn employment a&an apomntim in Ruch shalt be paid fringe benefits in accordance with the an appnnfmphip Program, who is not Individbagy prolN umur at the train" program. If the treln" program • ra lkilMad In the program, but who has both oertgod by dress not msmhm fringe 110n&1I14, trainees shall be Paid the Office O/ApprendGa,hfp TralMng,Employer and Labor the Full amount of fringe benetite IteleA on The wag& Services or a 8tato Apprenticeship Agency (whom , determination phrase the Administrator at the Wage and appropriate)to be eligible ear probationary employment a* Hour Division d&!ermines that there is an appmnlicetbtp an OPPrendca. The atiowmble repo of appropriate to program associated who The corresponding Jcarneymoll Jsuroeyman An IP*job the In any wall cfasaiflcallon shall wage rate on the wage date shn,ton which pmverm, for • not be grantor then the ratio permitted W the q*ntraclor as N,e than full fringe bonetla for apprentices. Any to in*tnlfrw work throe under the repisromd program. Any hmPleye$listed on trio payroll at a Inutile rate who is not • worker Itaisd on a paym l at an apprmpll"wage rate,who registered and pertlMpathio in a training plan*Poland by . anhbaMale IPaeeB a(b fok ildridmok 13e4.1 • • J.O.J.Highland Unary Center Central Accea:•Point Fence FEDERAL LABOR STANDARDS • • • • • • • • • • • the Employment and Training Administration Shall be paid awarded HUD contracts or participate in HUD Plummets . nut leas then the applicable wage rate on the wage pursuant to 24 DFR Pon 4C determination far the work actually Performed. to addition. - (11) No pen of this conttoot shag be subconimated id any • any trainee performing work on life Jab site In bxcees of person or firm Ineligible for award. of a Government the falio parmltted under the registered program Shen be contract by virtue et$sales d(a)Of the Davie-Bacon Act • paid not leas than the applicable "go rate on the wage dr 2$CFR 6.12(a)(1) or to be awarded HUD contracts of datanninalion for the work actually pgmormad, in.the participate in HUD programs pureuanl to ze CFk PartYs. • event the EmptOymoed Sod Training Adminlalfellod vBlfldfows approval of a training program, the contractor (111) The penalty for making false slNaments Is pfeswibed Witt on Ionget his parmared 10 otlllte hatnse,at Isar than in the U.B. Criminal Code. 18 U.&C. 1001, Additionally, • the applicable prinim mined rate for dhe work performed U.B. Criminal Code; $sawn 1 01 O, .Tine t$, U.$.C., until 0,90captabfe program Is approved. 'Ftderal Housing Administration 1r8ntldcltona",provides fit • (fil) equd smprcymemt bppbrWaHy. The utilization of part: 'vVOoover, for the purpose of. . . Intluenalep In any, appMnticaB,]ralnees and Journeymen under dg CFR lxary B way the action of such Admininntion..... makes,uNare or . puppshas any statement knowing the some to be falls..... ' $halt be in conformity with the equal omplaymantOpportuni shpg be fined net mpn Ulan $5,000 at Imprisoned riot • amended,a d 21)CFF;Pa at Elnecullro Order 1 ized, as more then I"years,or both." . emended,end 29 GFR Part g0. ' if, Complaints. Prooeading►, ar Testlmoq by • 0, 0$40011encb with Copeland Act requirements. The employees. No laborer or mechanic to whom the wags, conlrvclor shall comply with the requrramsnW of 29 CFR, salary,w other labor standards previsions of this Contract • Purl$whit ero incorporated by reference In title Contfaca arc appicable shalt be discharged or in spry enter manner a. $ubvontleata, The contractor or Subcontractor win dlsalmlrrated against by the Contractor or spy • insert in any ouboaspoets rho douses contained In subcontractor because such employee has filed any e0par119raPhS 1 through 11 In this paragraph A and such complaint or Instituted or caused to ba Instituted any • Other ateuaea so HUD or Its designee may by appropriate proceeding or has testified of is about to Ieatlty, in any Instructions require, and a copy of the applicable pracirading under or Foisting to the labor standards prevailing wage emission. and eta,a classes requiring the applicable under this Cbntow to hts.ealpivyer. subaeMroctwn la Include the" Wave"in any lower Bar B. CpMS 4 filters Noun sal 88" atnnd$nis Act. The. • 6uDaenlraetE. The prime penlmatf $flat( be responsible Provisions WgW PafagrsphBwb epplae6k wham gee wreveraffie for the oomplisnee by any Subcontractor or lower Its, PlAns,tadracl exgapde$100.000. As wed in ins paragrept,and . subeentnclur with all rho contract Clauses In this tariffs!(abgas'AM'mheCrrblpCs"include walahmen and guards. Co 7- Ca spn. (f) Overtime requirements. No conpedm a suboommme, • T. nalrat ts.mlrtationi afapaement. A breach of the co^tmefo'g far any coin of the cori(ileat work what Fear mPete or cenlreof clauoos in 20 CFR d.a may be prounde for rwdve the employment of lebumm or mechanics step require,Fa • termm9lien Of Ina contract end far debermaml as a pwma any Such lobster Or medartkl a1 any vedmaek Wvtedh the tar and a 6aboonlFealar l0 provdded In S9 CFR B.12. TPiiddusl it amWoyad on ouch work W wort 6l el$vee9 db legal In S.fS.' aom oration at union ouch Newer a hrve!I ie our bWM 6. Com)alrrea waif DSVaY-Q�a6art and ltaMbd Act frpldmmenle. aertmerra9a,n el a tale cat less den ore Ind PnPiW(Ianaa me 6MiC • All meting, and interpretations of (he Dawa-Baran and Ford M pay for eff reeds worked it enceil of 40 pboa in Sad( Refined Aura contained in 29 CFR Parts 1,'$, aog S am wuawook • heroin Incorporated by nsh ens,In lithe conhact (2) Violation; liability for unpaid stages; Ilefuidafed s. Disputes Concerbibg labor standards- DIS01os damages. In the event of any vlelatian of rho clause set • arising cut of the labor oloedards provisions el Ibis form In subparagraph(1)of this paragraph the contractor comfort she" not be Wolter to the general disputes end any subcontractor raapoesibfe therefor Shell be flabia • clause at this contract. Such dtapulob shall be resolved In for the unpaid wages. In addition, such contractor am looardence with the procedures of the Department of subcontractor short be gable to the United States (in the Leo*( eat forth In 29 CFR Parts S. B, and 7. Denades case of work door under eontrad for the District of . within Iha meaning of this Clauea Include disputes between Columbia or a territory. to such Di,olol Or to sueh the acmoOlOt(Or any Of Its subcontractor*) and HUD of territory), for IfgWdelad dtmoges. Bush liquidated . Its dealgrles, the U.S. Department of Labor. or the damages shall be computed with respect to each Individual employ*"or their repmteatat)vas. taborer Of inechanie, Including watchmen and guards, • ig, q) Certification of Kiln liHy, By entering role this employed to vr01a(r,n of the clause Sim foflh In . . contract INS contractor Canino, that neither it(nor he or subparagraph(1)of this paragraph,Inthe wan of$10 for each $fee) nor any person or firm who has an interest to the celondar off a1 educe such fnlawdud was rawalod or psm aged to oentractOf's Brm 1$ a person or firm ineligible to be workmW ma of ale standard goi%Noek oleo mass waral payment • awarded Government cbneracte by virtue of Section 9(a)of If ft Marietta migee required by Inc dou".sal tomb in sub ' the Davis-Bacon Act Or 29 CFR SAVA)(1) at to to paregreph(1)of this paragraph. , • an Oak*" • Page s fda mf.Hadhodr 13ss.1 • • • J.O.J,Highland Unity Center Central Access-Point Fence FEDERAL LABOR STANDARDS • • • • • • • • • • (3) Withholding for en)nild wages mod liquidated • damages. 8WD W fit designs* Shop upon He own action W upon written request Of to aulhonxed mptasenlatles of • the DapafimMI Of Labor withhold or anus@ to be withhold, from any manay6 payable on acaoumt of want pertpfm@d by . the conlmdm or subcontractor under any Such contract or any other Federal contract with the some prime contract,' • in any other Federally-@apisled oaniraet mibleit to the Contract Walk flouts and Safely Blagdprde Act which is bald by the tame prime sammdol lush @unto as may be . delofmined to be heceWety to Satisfy any liabilities of Such Wntr4d0f or Pabootdradar for u@pote wage, and • Ilquldated oldhages as provided In file clause all{forth in fugp@raglPPh(2)of this paragraph. . (4) gaboontnets. The oonttadof or oabWohmd6r shag '"am.in any 1w0404(nGts the daeset set forth In • subpgngraph(1)through(41 of this paregfeph and duo a clause requiting the subpMtracton to induds these . douses in any Waver lief aubcomydls, The prime c@ntrao(or Shall ba responelbi@ for Complimi" by any subcontnptcf or tower per subeonbactot'Win the douses Set forth In subparepaphe (1) through (4) of thi6 - • paragraph. C. it"'th and gaiety. The pa OM of the pamgeoph C am • 000fcablo Were me a noury of Set pane coneeaf saoaada gtpom. (1) me laborer or machpnld shall be required to work in Surrnundinge or under working opnoula*, which are unsanitary. hasardous,.or dangerous t4 his health and • 'safety as determined under construction safety and he,hb tlaad"44 promulgated by the Secretary of Labor by . regulation, . (2) The Contractor shill comply with all regulation, • lesa@d by the Secfetary of Labor pursuant to Title 20 Part 1 g28 and failure m Comply may result in impossllan of . AandWme pursuant to the Commot Were Bourn end Safety StarNarde Act, (Publie Law "-54, 67 Slat go), 40 U$C (8) The contractor shall include the provISWns of this paragraph In*Very oWeomr@ct so that such provisions will to minding on *soh puprgwtlaotol. The comroctef shell tat* such adlun'wph 1e010e01 hi 40y subdentroemf es the • Secretary of Housing and Urman' Developmem of the Secretary of Loper shall direct at a moon, of onfaming • such provisions. • • • • 4t orsloan hog-m ing • Page 6 dg rcd Handbook 1344.1 • • J.O.J.Highland Unity Cancer Central Access-Pant Fence FEDERAL LABOR STANDARDS . • • • • • • • CONTRACTOR(S) CERTIFICATION ON • FEDERAL CONTRACT REQUIREMENTS • • • • I, hereby certify that I have reviewed the diversified Federal construction contract and related requirements imposed on the Contractor(s) of HUD funded • construction projects, and fully understand all my obligations if the project is awarded to me. • • • • City Project No. Contract Amount . Date Project Title • • • • Contractor • Contractor Signature • • Contractor Title • • • Address • Telephone • • Email Address • • • • • • J.O.J.Highland Unity Center Central Across Paint Fence FEDERAL LABOR STANDARDS ' • • • • r • CERTIFICATION OF BIDDER REGARDING r SEGREGATED FACILITIES • • • r r I, hereby certify that no segregated facilities will be maintained. • • City Project No. Contract Amount r Date Project Title r • • • Contractor • • r Contractor Signature • Contractor Title r • Address • • r Telephone • • Email Address • r • r • • • • rJ.O.J.Highland Unlry Cenmr Central Aaess•Point Fence SEGREGATED FACILITIES • • • • • • • • • • • • • CY LOW-Apo vwtv to cow,rx"ONS • • • • • TMQU8tWWZM • • • • "1"b�M r� aRs �d� �I��1� ��t�a��:t �6N�1�9d • a�lra:ata�ratu� ;1a 1�a�-±d!w�erat� c�!"tk�a aainr�far • ��ua ��riantlr,, �1 Cps'l�nr�nlir�ae�amd� Nw�up • • • • • • • • f.O.f.Highland Unity Center Ceeval Access-Point Fence SECTION 3 • • • • i i • • Lot • �� Wid by �om1 t"tht 0400t Grp �d t very • boobt The%ot�w bd xt"c INA'dblithw,4 nbjoct W"vg0 ed • 110:POWs ft�. • l roil "at e t pea 14 • �h�n�c n�. � �twit ot"�: „� • tau s a r�rtd .� t i wow e • ass"It•!ta aack l"W �a°�trti �F tsar►w1t6� • aw tt tam r x war " ortho cftmwwm + v�l 40 wmt%IN v4wm • �art� rtcdb!drwt�d, � � a:ra;�+�t dIP • Nti+�wtrlt� sty "+�rkfd p�tan�:auuw�eta, � �[rrc �tt � dtxwiat.�m��a • +� tip id 24 CM P tM udagrm to'ist 40,590prWoolim as s or'thr ttw`Ift fbb sawn')Or d, rtta: • o kim bas bNaAmind to ate of the mpbdoos�t 24 t attPt�,dw otc FW M dam dw QuitaeW 14MOW4 bm berom"th r MA""to • ftatt�roF^�t.Paean J • t • • • J.O.J Highland Unity Center Central Access-Point Fence SECTION 3 i • • • • • • • '. INW19owfimow w ith III 1�,i r4*Ad#ooft$in "n+GC't"ltytmtr !3 irk} �sta6NNMp id e#�^liiya t, • t�'�'wYNgq;alVl�esR wrt' Aaie��w�unq+�:� ri7r�w�kt, u� 41{t1rC176 clr w�kwg�acw+� dctnm l� Frt 1 • ersertlwwl ca�dce9r. With reoyr c.w wmrk porformed,ipt rmftli " Arap9t".aedjoo 3 t:OVOOA jadi pi kr • S inrw 7kbaoftbe yip $4N *bWrrr*M WW FAMMim As$uRwo Amt i 04,C.43N-: ,to Ike W*fk jo bum d, r 404tML 'mil • '�{b� �i; tq ice, �t'1iNI��N}p �tnd ef ►Idpuniti�„CP�r • tir►i+ A" � P1 � b A� insure now • �. k .rtr tp r�rd ea+6caa�i 1 i 40 4444 ad ' e '0 tw000km tw nteS*Votti*e hi 0t • e Ctak 3 ae�l Mimus d a a gai n loft Comm"MIg • oo*,bat w i",6*404oft otoo %*h Woo7' • • • ¢�» �d�E61ia �t�� G'> 1�r9�ir11� '^k�,lwm�cel�! • �� 0000 3, • ° �afx�w hhAaree A1rr rd��rll�y • ° ( pt 1- 5999. - 1Airte rdr fit' 10") • • � ���arlbe'Apt`�rr�'1ra�i�I�-wt�ard�arww� �rI�;IC11,a�h • �, o� :�am ,w ��r�rwtd�ap�p,�r�;r ��i�n • �� k owmdtdl,(Nowtv I Raw*$* • Rftk%*6+(otrl a to a sm"Pd,by rk a"a wpDway • 2' eafth • • � � obsum ow«ay Or.all mires wm*,uric • ��p "OF ndax Oftftlb10,W d tea Stu 3 lru ss c 4"**ra s • • • • • • J.O.J.Highland Unity Center Central Access-Polnc Fence SECTION 3 • • • • • • M^Wt of tilt.waml�w p;rr s��u�Nw t a G'aol2 ny w Runt wa:vz t+ i aua4C�a� s Ci�r • taro"" tr"o'"rk J'ur b 0uali0t; tt1*�Mll1td. Oupair.mO&Mcmit ry,l3r' • W rpMr *rpt..air ff"'b+uzW tr*&,;work arcing an awnrromi With h nj; • iWitza as W uSiAg r csw Vrur t n aW wjw pubilia crar.ft* ;"L • �- Ali 3 portent of tity 10W dinjill amitil 9f a#other Soot=3 covtmd • • s s low re dowdi CW IUM�i� wntg� at Public dC ewr who irrrev I�Rttrrm� • irouGM fsl lks 0WAwitto simk Mato twine wt pmedo"Wit • co" • 1. 5WI prrrr�pWs� ,r, ,�; • t • 7. � �, per�,��rdf�m mil dt • t e�!'�.i 9p6a��am tit�t tq;nr '+ • A datd In acandaM>wM sWe kw amd b goft,"A undw stl • • • • • • • • • • • • • J.O.J.Highland Unity Center Central Access-Point Fence SECTION 3 i • • • • • • • Fat 2009 • HUD LOW-INCOME 1COM I.ItM M"I 5 • -'Effeedve July 1 2009 thwwWh.Tune 30 2010- • • • S37,300 $3,1.0&33 $717,31 i17.93 S420650 W5,C17 SM19 320 sa • $47*950 $3,995.83 $922,.11 $2345 • 35' "60 "1.67 $1^90 $25.62 • S57,550 K"5.83 $1,1".73 $27_b7 • 561,850 55,15,4.17 S14MA2 $29.73 • 56i,100 $5, M $1,271.15 331.79 • $7 50 s5,ai215() s1,msa 53M • HUD Imucd April 7,2009 • • Monthly Inwmv x 12=ATuwal Income • • waxer y Income x s2—Annul rn • Humly Income x Z080®Atmud Income • Ammal Income Limit Is iwomad by $2,700 for each arson am 10 pet ns In the • N[Y1'& The bourly inco= limit is bawd an full time (2,090 hows;yrar) • employment. If emplaryee did not vwrk full time for the ptevious year, we tow Annual incditw aus the Limit. • • • • • • rduurrswa�ler�rn,�w�rw.aiiu� • • J.O.J.Highland Unity Center Central Access-Point Fence SECTION 3 • • • • • • • • • R4GAROfNO,TA + AS A,SZC"otilt 3,WMNILIWCON EM • • k • o • �t•psi qr:t�aure�C a'wad';6y bd�3�m�r �;:i • � eft wY� �r � • �r • • ttIdgiNriMdsha rk. arsirlaiei'�� :' • M: • • • • f.O.J.Highland Unity Center Central Access-Pant Fence SECTION 3 • • • • • • • • tecti+rn 3 CaaaructuriSu -Contrsrtor Monthly Compliance Impart • • (submitted with etch payrull) • • Company Causes Pcr.5m • Project 1)eatxiptian PraiM No.CA 16 : RCpart Period Frog to_ Program Cabo(sW batten of pngc) ANY NE W FARES? ® No tB no,please ftm and daft dw bottout of the farm. • 0 Yea It'yea Pleaale COtaplate tlta fDIWwing information: • 1. NNW Dian Hired Pan Tjme __Pua Mmc­ • Address • shyest CbSpr zap • Public Housing em iden7 Yea__ Nn 'ItkCunm taoalifred4(stx rbelow)Yea No SOCOM 31l aidtmTY Yes No • • Pref►ranee PAM*Coda(ace bdowL. Racial Eftle Code(see below • 2. NWDI OW Him Part lttlo I"ull Time • Addrear • 9txet City 9kpe r,F • Public Housing RmAde a Yea t(n • "incurs llteahlfiad7(cap•below)Yes _No Section 3 Raeident4 Yen Na • PM&IV the PdodW Cwle(sae belarw) MOW Ethnic Corte(see below) • Pr��� �[ 3 � 4.... ...,.,.,..5....__,:.�._.....4---® -S;tl_w __7 a a�..u. • +tter pare s.oseebiwaurdl7ae#NIt..Seatnen 3 r0iam7l nlasmMmar tm,dgt tamMO9s kM aamtbt Amur iue.mt atawr.gb*WAsrpiarrer • paeeboleslat z R•tl JMaNt •as • 3. Few rfewira 1. $k Asddem 1. "IFpp.Ammkas A. Dare r �,. Llusrr Hawtag AaWAerky P{esldesits 3. G"Amalce • b. Op oltim 3. FnJDYundrb.IMPsrdclpsut 3. ldsdaAmwkft • w MeddMiZISM 4. Hassan[Aniftimn NeO• a. Aston P"c Am oini. • sipaftra Plate • kWcuga 3.pnrm 6 7Pga • • • • • f.O.J.Highland Unity Center Central Aaess-Point Fence SECTION 3 • • • • • • • CITY OF PALM SPRINGS • JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER • CENTRAL ACCESS - POINT FENCE • . SPECIFICATIONS • PART IV—TECHNICAL SPECIFICATIONS • • PART V-TECHNICAL SPECIFICATIONS • DIVISION I GENERAL REQUIREMENTS • Section 0 10 10 Summary of Work Section 01045 Cutting and Patching Section 01 170 Safety and Health Procedures • Section 01200 Project Meetings . Section 01300 Submittals . Section 01400 Quality Control • Section 01500 Mobilization Section 01540 Protection of Existing Facilities • Section 01550 Site Access and Parking • Section 01560 Temporary Environmental Controls . Section 01600 Materials and Equipment . Section 01700 Contract Closeout • DIVISION 2 SITEWORK AND UTILITIES Section 02070 Selective Demolition and Reconstruction • • DIVISION 3 CONCRETE . Section 03300 Cast-In-Place Concrete Section 03732 Concrete Repair • • DIVISION 5 METALS . Section 05500 Metal Fabrications DIVISION 9 FINISHES • Section 09900 Painting • • DIVISION 16 ELECTRICAL . Section 16123 Building Wire and Cable • DIVISION 4,6-8, 10-I5 ARE NOT USED • • DRAWINGS • A-1 Fence Information and Plans • • J.O.J.Highland Unity Center Central Access-Point Fence TECHINCAL SPECIFICATIONS PART IV • • • • • • • • CITY OF PALM SPRINGS JAMES O. JESSIE DESERT HIGHLAND UNITY CENTER CENTRAL ACCESS - POINT FENCE • • TECHNICAL SPECIFICATIONS • SECTION 01010—SUMMARY OF WORK • 1. GENERAL:The Work to be performed under this Contract shall consist of furnishing all plank • tools, equipment, materials, supplies and manufactured articles for the Project It shall also . include the furnishing of all transportation and services, including fuel, power and essential • communications and for the performance of all labor, work, or other operations required for the fulfillment of the Contract in strict accordance with the proposal. • 2. BEGINNING AND COMPLETION OF THE WORK:Time is of the essence of the Contract. • The Contractor shall begin the Work on the date specified in the written Notice to Proceed • from the Owner and shall complete all of the Work included in the Contract in a timely manner • and within the number of working days specified below after the commencement date specified in the Notice to Proceed. Time stated for completion shall include final cleanup Of the premises. • Bid Schedule 30 calendar days • 3. CONTRACT METHOD: The Work hereunder will be constructed under a single lump sum . Contract.The Contractor shall include the requirements of the General Conditions of the • Contract as a part of all of its subcontract agreements. 4. ORDER OF THE WORK: The Work shall be carried on at such places on the project and also • in such order or precedence as may be found necessary by the Engineer to expedite completion • of the Project.After work has begun on any portion of a designated part of the Project, it shall • be carried forward to its final completion as rapidly as practicable.The order and time to • complete shall conform to the requirements of the approved Contractor's schedule as submitted under the provisions for "Contractor's Schedules" in Section 01300, "Contractor • Submittals"The Contractor shall inform the Owner of any conditions which may interfere with • the proper and expeditious execution of the Work. • 5. CONTRACTOR USE OF PROJECT SITE: The Contractor's use of the project site shall be • limited to its construction operations, including on-site storage of materials, on-site fabrication facilities and field offices. • SECTION 0 1300—CONTRACTOR'S SUBMITTAL. . L SUBMITTAL PROCEDURES . A. Transmit each submittal with form at the end of this section. B. Apply contractor's stamp, signed or initialed, certifying that review, verification of products • required,field dimensions, adjacent construction work and coordination of information, is in • accordance with the requirements of the work and contract documents.Submittals,which • have not been signed and dated by the Contractor, will be returned for re-submittal without being reviewed by the Architect C. Schedule submittals based upon the approved Submittal Schedule. Deliver submittals to • Architect at the business address of the Architect. Coordinate submission of related items. • • J.O.J.HigMand Unity Center Central Access-Point Fence TECHINCAL SPECIFICATIONS PAGE • • • • • • • D_ Identify variations from Contract Documents and product or system limitations, which may • be detrimental to successful performance of the completed work E, Revise and resubmit submittals as required, identify all changes made since previous • submittal. • F. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly • report any inability to comply with provisions. • G. Prepare submittals consistent with the orderly scheduling of work and with adequate time for the Architect and consultants to review the submittals. In general, the Architect shall • return submittals within ten (10) working days of receipt of complete package. • 3. CONSTRUCTION PROGRESS SCHEDULES • A. Submit initial progress schedule in duplicate within 5 (five) days after date established in • Notice to Proceed for ArchitecdEngineer review. Identify move-in, start dates and completion dates of the various stages of the work. • 4. SHOP DRAWINGS • A. Wherever called for in the Contract Documents or where required by the Architect,the • Contractor shall furnish to the Architect for review, one reproducible copy and two prints • of each shop drawing submittal.The term "Shop Drawing"as used herein shall be understood to include detail design calculations, shop drawings, fabrication and installation • drawings, erection drawings, lists,graphs, operating instructions, catalog sheets, data sheets • and similar items. Unless otherwise required, said Shop Drawings shall be submitted to the . Architect at its business office, at a time sufficiently early to allow review of same by the . Architect and to accommodate the rate of construction progress required under the contract. Submit in the form of one reproducible transparency and two prints. B. Review of and acceptance of, Shop Drawings does not constitute acceptance of any . deviation from the Contract Documents unless specifically authorized. • 5. PRODUCT DATA . A. Submit the number of copies, which the Contractor requires, plus two copies,which will be retained by the Architect/Engineer, • B. Identify each submittal of product data with the CSI Section Number. Mark each Copy to . identify applicable products, models, options and other data. Supplement manufacturers' . standard data to provide information unique to this project • C. After review, distribute in accordance with article on procedures above and provide copies for Record Documents. • b. SAMPLES • A. Submit samples to illustrate functional and aesthetic characteristics of the product,with • integral parts and attachment devices. Coordinate sample submittals for interfacing work . B. Submit samples of finishes from the manufacturers' standard colors or, where colors are noted in the Project Manual, submit selected textures and patterns for Architect/Engineer's • review. • C. Include identification on each sample, with full project information. • D. Submit the number or samples specified in individual specification Sections; one of which will • be retained by ArchitecdEngineer. E. Reviewed samples, which may be used in the work, are indicated in individual specification • sections. • 7. COLOR SELECTION • J.b.J.Highland Unlry Center Cenval Aca s-Palm Fenm TECHINCAL SPECIFICATIONS • PACE • • • • • • A. The Architect requires that all items requiring a color selection must be submitted . before any color selection is issued. Samples or swatches to remain on site. . SECTION 0 1560—TEMPORARY ENVIRONMENTAL CONTROLS • 1. During the progress of the Work, the Contractor shall keep the site of the Work and other • areas used by Contractor and subcontractor in a neat and clean condition and free from any accumulation of rubbish.The Contractor shall dispose of all rubbish and waste materials from • the Work site and shall establish regular intervals of collection and disposal of such materials • and waste_ 2. Contractor shall also keep its haul routes free from dirt, rubbish and unnecessary obstructions resulting from its operations. Disposal of all rubbish and surplus materials shall be off site in • accordance with local codes and ordinances governing locations and methods of disposal and in conformance with all applicable safety laws. • 3. Fixed or portable chemical toilets shall be provided wherever needed for the use of workers. SECTION 01600—MATERIAL AND EQUIPMENT . 1. PRODUCTS: Provide interchangeable components of the same manufacture for components • being replaced. • 2. TRANSPORTATION AND HANDLING: A. Transport and handle products in accordance with manufacturer's instructions. • B. Promptly inspect shipments to ensure that products comply with requirements, quantities • are correct and products are undamaged. . C. Provide equipment and personnel to handle products by methods to prevent soiling, . disfigurement or damage. . 3. STORAGE AND PROTECTION: A. Store and protect products in accordance with manufacturers' instructions. B. Store with seals and labels intact and legible. • C. Store sensitive products in weather tight, climate controlled, enclosures in an environment • favorable to product. . + PRODUCT OPTIONS: • A. Products Specified by Reference Standards or by Description Only:Any product meeting . those standards or description. B. Products Specified by Naming One or More Manufacturers with a Provision for Substitutions: Submit a request for substitution for any manufacturer not named in • accordance with Section 16721, items 8A to 8C. • S. SUBSTITUTIONS: • A. Architect will consider requests for substitutions only within fifteen (15) days after date of . Owner-Contractor Agreement B. Document each request with complete data substantiating compliance of proposed • Substitution with Contract Documents. C. A request constitutes a representation that the Contractor: . L Has investigated proposed product and determined that it meets or exceeds the quality • level of the specified product. . J.O J.Highland Unity Center Central Access-Point Fence TECHINCAL SPECIFICATIONS . PAGE • • • • • • ii. Will provide the same warranty for the Substitution as for the specified product • iii. Will coordinate installation and make changes to other Work which may be required • for the Work to be complete with no additional cost to Owner. iv. Waives claims for additional costs or time extension which may subsequently become • apparent. • v. Will reimburse Owner and Architect for review or redesign services associated with re- approval by authorities D. Substitutions will not be considered when they are indicated or implied on shop drawing or product data submittals,without separate written request or when acceptance will require • revision to the Contract Documents • . SECTION 01650—STARTING THE SYSTEM . I. STARTING SYSTEMS: . A, Notify Architect and Owner three days prior to start-up of each item. B. Verify that each piece of equipment or system has been checked for proper control • sequence and for conditions which may cause damage. • C. Verify specified electrical characteristics so they agree with those required by the equipment . or system manufacturer. • D. Verify that wiring and support components for equipment are complete and tested. • E. Execute start-up under supervision of applicable Contractors' personnel in accordance with manufacturers' instructions. • 2. DEMONSTRATION AND INSTRUCTIONS: • A. Demonstrate operation and maintenance of products to Owner's personnel two weeks . prior to date of final inspection- B. Demonstrate start-up, operation, control, adjustment, trouble-shooting, servicing, . maintenance and shutdown of each item of equipment at agreed time, at designated location. • SECTION 01700—CONTRACT CLOSEOUT . 1. The Contractor shall promptly remove from the vicinity of the completed Work, all rubbish, . debris, unused materials, concrete forms, construction equipment and temporary structures and • facilities used during construction. Final acceptance of the Work by Owner will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final cleanup of • the project site. • 2. The Contractor shall establish dates for equipment testing, as required under the Contract Such dates shall be established not less than one week prior to allow the Owner, the Architect • and their authorized representatives and consultants sufficient time to schedule attendance. . 3. Completion of the Work, as the term is used in this Contract shall mean substantial completion of the Work and acceptance by Architect Substantial completion shall mean substantial • performance of the Contract, which shall exist where there has been no willful departure from • the terms of the Contract:and no omission in essential points and the Contract has been • honestly and faithfully performed in its material and substantial particulars. The only variance • consists of technical or relatively unimportant omissions or defects and the Work can be used or occupied for the purpose for which it was intended. • J.D.J.Highland Unity Center Central Access-Point Fence TECHINCAL SPECIFICATIONS • PAGE • • • i • i 4. The date of substantial completion of the Project shall be the date when the construction is • sufficiently completed, in accordance with the Contract Documents, as modified by any change • orders agreed to by the parties, so that Owner can occupy or utilize the project for the use for which it was intended and the Architect has accepted the Project as evidenced by execution and recording of a Notice of Completion, . 5. Failure of the Contractor to complete or correct all such outstanding punch list work to the satisfaction of the Architect within 30 calendar days following acceptance and Notice of • Completion, shall constitute a waiver by the Contractor of all rights to any and all claims it may have to all monies withheld by Owner under the Contract to cover the value of such • uncompleted or uncorrected items. i 6. The Contractor shall make all repairs and replacements promptly upon receipt of written order i instruction from the Architect If the Contractor fails to make such repairs or replacements • promptly, the Owner reserves the right to do the work or to have the work done by others • and the Contractor and its Surety shall be liable to the Owner for the cost thereof. 7. The Contractor shall provide Warrantees and Operational Manuals to the Owner at Notice of Completion. SECTION 01730—OPERATION AND MAINTENANCE DATA I. QUALITY ASSURANCE: Prepare instructions and data by personnel experienced in maintenance and operation of described products. • 2. FORMAT: • A. Prepare data in the form of an instructional manual. . B. Drawings: Provide drawings with reinforced punched binder tab, to be bound with text, • folding larger drawings to size of text pages. • 3. MANUAL FOR EQUIPMENT AND SYSTEMS: A. Each Item of Equipment and Each System: Include description of unit or system and • component parts. Identify function, normal operating characteristics and limiting conditions. B. Operating Procedures: Include start-up, break-in and routine normal operating instructions . and sequences. i C. Maintenance Requirements: Include routine procedures and guide for preventative i maintenance and troubleshooting;disassembly, repair and reassembly instructions;and . alignment, adjusting, balancing and checking instructions. D. Include manufacturer's printed operation and maintenance instructions i SECTION 01740—WARRANTIES • 1. PREPARATION OF SUBMITTALS: • A. Obtain warranties executed in duplicate by responsible subcontractors, suppliers and manufacturers, within ten days after completion of the applicable Work Except for items put into use with Owner's permission, leave date of beginning of time of warranty until the Date of Substantial completion is determined • B, Retain warranties until time specked for submittal . 2. TIME OF SUBMITTALS; . • J.O.J.Highland Unity Center Central Access-Point Fence TECHINCAL SPECIFICATIONS • PAGE . i • • • • • • A. For equipment or component parts of equipment put into service during construction with • Owner's permission, submit documents within ten days after final completion. • SECTION 02070—SELECTIVE DEMOLITION AND RECONSTRUCTION • I. Carefully demolish and remove from the site those items scheduled to be so demolished and • removed. Furnish materials and perform labor required to execute this work as indicated on the • drawings, as specified and as necessary to complete the contract, including, but not limited to the following major items: • A. Protection of existing work to remain. • B. Barricades, lights, signs and safety precautions required by the governing code. C. Removal and disposition of all material resulting from this work, except materials to be • stored for owner. • D. Patching as necessary to match existing. • E. Core existing walls for wiring and patch to match existing. F. Cleaning existing items to remain. • G. Prepare surfaces scheduled to be reconstructed. Furnish materials and perform labor • required to execute this work as specified and as necessary to complete the Contract. • • SECTION 03300—CAST-IN PLACE CONCRETE . I. MATERIAL A. REINFORCEMENT: use Grade 40 for#3 bars • R. ACCESSORIES: Special chairs, bolsters, bar supports, Spacers Adjacent to Weather • Exposed Concrete Surfaces: Plastic coated steel type; size and shape as required meeting . ACI 318 and UBC requirements. • C. CONCRETE MATERIALS: Fine and Coarse Aggregates:ASTM C33 Type 11 and clean water and not detrimental to concrete. Use retarders, sealants, curing materials, etc.from the • same manufacturer. • D. ACCESSORIES: Non-Shrink Grout Premixed compound consisting of non-metallic . aggregate, cement, water reducing and plasticizing agents;capable of developing minimum • compressive strength of 2,400 psi in 48 hours and 6,000 psi in 28 days. • E. JOINT DEVICES AND FILLER MATERIALS: ASTM D1751,asphalt impregnated fiberboard or felt, '/, inch thick- F. CONCRETE MIX: Mix and deliver concrete compressive strength: 2500 psi in accordance with ASTM C94 for pump placement, use 4-inch o.c. pump. The cement should be Portland . Cement Type 11 with Minimum 5.5 sack Use set retarding admixtures during hot weather • only when approved by Architect/Engineer. • G. SEALANT: Provide and install at all construction and expansion joints Flow Grade, two-part polyurethane sealants in a color to match adjacent concrete. • 2. EXECUTION • A. EXAMINATION:Verify site conditions are acceptable to manufacturer of additives. Verify . lines, levels and centers before proceeding with formwork. Ensure that dimensions agree • with Drawings. Verify requirements for concrete cover over reinforcement. Verify that anchors, seats, plates, reinforcement and other items to be cast into concrete are accurately • • J.O.J.Highland Unity Ccnwr Connal Ac uss-Point Fence TECHINCAL SPECIFICATIONS PAGE • • • • • • placed, positioned securely and will not cause hardship in placing concrete. Provide and . install at all construction and expansion joints Flow Grade, two-part polyurethane sealants in • a color to match adjacent concrete. . B. PREPARATION: Prepare previously placed concrete by cleaning with steel brush and applying bonding agent in accordance with manufacturer's instructions. Prepare sub-base • and footings to 95%compaction. Wand trim sides and bottom of earth forms. Remove • loose soil prior to placing concrete. . 3. PLACEMENT OF REINFORCING STEEL A. Place, support and secure reinforcement against displacement. Do not deviate from required • position. • B. Maintain concrete cover around reinforcing per Drawings and ACI. . C. All anchor bolts, hold downs, and embedment shall be secured in place prior to site review • by Architect/Engineer and field inspection by City Building Inspector. D. All reinforcing steel shall be supported with "bobbies", tie in place, lapped, and supported or . hung to prevent displacement, sagging, or collapse. 4. PLACING CONCRETE • A. Notify Architect/Engineer minimum 24 hours prior to ordering concrete and 48 hours prior • to delivery. Do not place concrete without field review by Architect/Engineer. • B. Ensure reinforcement, supports, inserts, embedded parts, formed expansion and contraction . joints are not disturbed during concrete placement. . C. Separate slabs on grade from vertical surfaces with '/.-inch thick joint filler set at depth to provide proper sealant joint width-depth ratio. Apply sealant to this joint. • D. Install joint devices in accordance with manufacturer's instructions. • E. Install construction joint devices or saw cut in coordination with floor slab pattern placement sequence. Set top to required elevations. Secure to resist movement by wet • concrete. F. Install joint device anchors. Maintain correct position to allow joint cover to be flush with floor finish. • G. Apply sealants in joint devices in accordance with manufacturer's written instructions. • H. Place concrete continuously between predetermined expansion, control and construction . joints. . I. Do not interrupt successive placement; do not permit cold joints to occur- J. Screed floors and slabs on grade level, maintaining surface flatness of maximum ''/cinch in 10 feet. • 5. CONCRETE FINISHING A. Finish concrete floor surfaced in accordance with ACI-301 smooth steel trowel for interior . slabs. • B. Provide texture called for on exterior slabs. • 6. CURING AND PROTECTION A. Immediately after placement, protect concrete from premature drying, excessively hot or • cold temperatures and mechanical injury. • B. Maintain concrete with minimal moisture loss at relatively constant temperature for period . necessary for hydration of cement and hardening of concrete. • J.O.J.Highland Unity Center Central Acros•Point Fenm TECHINCAL SPECIFICATIONS PACE$ • • • • • • 7. DEFECTIVE CONCRETE • A. Defective Concrete: Concrete not conforming to required lines, derails,dimensions, • tolerances or specified requirements. . B. Repair or replacement of defective concrete will be determined by the Architect/Engineer. C. Do not patch, fill,touch-up, repair or replace exposed concrete except upon express direction of Architec lEngineer for each individual area. • • SECTION 05500-METAL FABRICATIONS I. MATERIALS A. Steel Sections: ASTM A36. • B. Steel Tubing: ASTM A500, Grade B. C. Plates: ASTM A283. . 'D. Pipe: ASTM A53, Grade B • E. Sheet Steel: ASTM A446, Grade B Structural Quality with 1.25 oz/sq ft galvanized coating. • F. Bolts, Nuts and Washers: ASTM A307 galvanized to ASTM A153 for galvanized components. • G. Welding Materials: AWS D1,1; type required for materials being welded. • H. Shop and Touch-Up Primer: SSPC 15, Type I, red oxide. • I. Miscellaneous Shapes: ASTM A36 • J. North Fence: 14 gauge, 2"square steel frame with '/2" steel pickets at 4" maximum O.C. • (See drawings and Hardware Schedule below for more information.) K. North Gate: 3'-C' wide, 2" square steel frame with metal mesh security screen, '/2" pickets • at 4" maximum O.C. (See drawings and Hardware Schedule below for more information.) • L. South Fence:Vertical 2" square steel with laser cut metal panels welded to the support . posts. (See drawings and Hardware Schedule below for more information.) . M. South Gate: T-6" x 6'-8" hollow metal door with 3"square frame. Laser cut panel also • welded to door. (See drawings and Hardware Schedule below for more information.) N. Exposed Mechanical Fastenings: Flush countersunk screws or bolts; consistent with design of stair structure. O. Support posts: 14 gauge 2" square tube steel; See drawings for layout dimension. Use 2" • square tube at gate openings, . P. Horizontal support bars: 16 gauge 2"square tube. • Q. Welding Materials: AWS D1.1; type required for materials being welded. . R. Shop and Touch-Up Primer: SSPC 15, Type I, red oxide S. Touch-Up Primer for Galvanized Surfaces: SSPC 20 Type I Inorganic zinc rich. • 2. FABRICATION A. Fit and shop assemble in largest practical sections,for delivery to site. . B. Fabricate items with joints tightly fitted and secured. . C. Supply components required for anchorage of fabrications. Fabricate anchors and related • components of same material and finish as fabrication, except where specifically noted otherwise. • 3. FINISHES A. Clean surfaces of rust, scale, grease and foreign matter prior to finishing. • J.O.f.Highland l/niry Cencer Central Access-Paint Fence TECHINCAL SPECIFICATIONS FACE • • • • • B. Do not prime surfaces in direct contact with concrete or where field welding is required. . C. Prime paint items with one coat. • 4. HARDWARE • A. Provide and install latching and lockable hardware of commercial quality at gates. • B. Provide and install commercial, long-casting hinges and closers on all gates. C. See hardware schedule below for both gates: • • HW I SOUTH GATE h INSIDE LEVER ALWAYS OPERATIONAL FOR QUICK EXIT, • EVEN DURING LOSS OF POWER. OUTSIDE ACCESS BY ELECTRIC STRIKE OR KEY. • SOUTH GATE TO HAVE: • 3 EA HINGES HEAVY DUTY HINGES 628 STN • 1 EA CLOSER 9055 US23D GLJ • 2 EA SILENCER 1229A _ GR TRM • ND80PDEU—SPARTA[INTERIOR • I EA LOCKSET HANDLE ONLY- EXTERIOR TO HAVE 619 SCH • KEY LOCK.] SEE DRAWING FOR EXTERIOR HANDLE DESIGN • 1 EA ELEC. STRIKE UNL-24 (CONCEALED DEVICE) -- SEC • 1 EA EXIT BUTTON 1601 --RECEPTIONIST'S REMOTE KLS • DOOR EXIT BUTTON • I EA KNOX BOX MOUNTED ON EXISTING BUILDING • ELECTRIC STRIKE [UNL-24] CONTROLLED BY REMOTE RECEPTIONIST'S CONTROL [1601] LOCATED INSIDE EXISTING ADMINISTRATIVE • BUILDING. SEE DRAWINGS FOR EXACT LOCATION. . • CONDUIT AND WIRING BY ELECTRICAL- • • CYLINDERS TO BE KEYED PER SYSTEM REQUIREMENT • COORDINATE ELECTRIC STRIKE,WIRING, AND REMOTER • CONTROLLING DEVICE WITH ELECTRICAL- • HW2 NORTH GATE 1: INSIDE LEVER ALWAYS OPERATIONAL FOR QUICK EXIT. • OUTSIDE LEVER REQUIRES A KEY TO UNLOCK. THE DOOR IS TO BE • WIRED TO SOUND A REMOTE ALARM ONCE IT IS OPENED. THE ALARM IS TO STOP SOUNDING ONCE THE DOOR IS CLOSED- • NORTH GATE TO HAVE: • 3 EA HINGES HEAVY DUTY HINGES 628 STN • I EA REMOTE PZI 630 SEC • ALARM • [ EA LOCKSET ND50PD—SPARTA 619 SCH . • GATE SECURITY SCREEN MESH BY GATE SUPPLIER. • GATE SUPPLIER TO TEMPLATE FOR MORTISE LOCKSET AND STRIKE- • • SELECTRICAL DOOR POSITION SWITCH [DOS] BY GATE SUPPLIER. DPS • TO BE CONNECTED TO REMOTE ALARM [PZI]. INSTALL ALARM PER • ARCHITECT'S DIRECTION. COORDINATE WITH ELECTRICAL. • J.O.J.Highland Unity Center Central Access-PaInt Fence TECHINCAL SPECIFICATIONS PAGE IO • • • • • • . CYLINDERS TO BE KEYED PER SYSTEM REQUIREMENT. • Abbreviation List: Glj: Glynn-Johnson, KLS: Keyless Lock.Store, SCH: Schlage, SEC: Securitron, STN: • Stanley,TRM:Trimco • • 5. EXAMINATION • A. Verify that field conditions are acceptable and are ready to receive work. • B. Beginning of installation means erector accepts existing conditions. 6. PREPARATION A. Clean and strip primed steel items to bare metal where site welding is required. • B. Supply items required to be or embedded in masonry with setting templates, to appropriate . sections. • C. Coordinate with concrete contractor placement and spacing of steel reinforcing dowels. . 7. INSTALLATION . A. Install items plumb and level, accurately fitted, free from distortion or defects. B. Allow for erection loads and for sufficient temporary bracing to maintain true alignment • until completion of erection and installation of permanent attachments. . C. Provide anchors, plates,angles, hangers struts required for connecting stairs to structure. • D. Field weld components indicated on Drawings and shop drawings. • E. Perform field welding in accordance with AWS D I.1. • F. Obtain Architect/Engineer approval prior to site cutting or making adjustments not scheduled. • G. Grind smooth exposed welds. • H. After erection, prime welds, abrasions and surfaces not shop primed galvanized, except • surfaces to be in contact with concrete. • I. Erection Tolerances • J. Maximum Variation From Plumb: 1/4 inch per story, non-cumulative. . K. Maximum Offset From True Alignment: 1/4 inch. • SECTION 08110—HOLLOW METAL FRAMES • 1. REFERENCES: A. A10081A1008M —Standard Specification for Steel, Sheet, Cold-Rolled, Carbon, Structural, • High-Strength Low-Alloy and High Strength Low-Alloy with Improved Formability. • B. ASTM-A568—General Requirements for Steel, Carbon and High Strength Low Alloy Hot Rolled Strip, and Cold Rolled Sheet • C. ANSI A250.1 1 —Recommended Specifications for Standard Steel Doors and Frames. . D. ANSI A250.1 I —Recommended Erection Instructions for Steel Frames. • E SDI-107—Hardware on Steel Doors (Reinforcement Application) . F. NFPA-101 —Life Safety Code . 2. MATERIALS: A. Steel requirements,for south entry exterior door and frame to be manufactured of • commercial quality, stretcher leveled flatness, cold rolled steel per ASTM-A 1008 and A-568 general requirements or galvanized. To A60 minimum coating weight standard per ASTM- • J.O.J.Highland Unity Center Central Actms-Pant fence TECHINCAL SPECIFICATIONS . PAGE I I • • • • • • A924 or A653 hot dip galvanized to A60 minimum coating weight standard. Internal . reinforcing may be manufactured of hot rolled pickled and oiled steel per ASTM-Al01 1. • B. Coating Materials Primer: all doors and frames to be bonderized and finished as standard with manufacturers baked-on primer conforming to ANSI-A250.10. • i. In addition to factory primer, the Paint Contractor is responsible for a field applied • second primer coating. Primer to be equal to primer coating used by the frame . Manufacturer. • ii. Painting Contractor to apply two (2) coats of field applied finish coats per specification • requirements. iii. Initial field finish coat to be applied after doors are installed: Final coat to be applied • after finish hardware templating and pilot holes have been made. . iv. Prior to the application of the final field applied finish coat, all surface installed hardware • shall be removed, and then carefully reinstalled after the final coat has been applied and • dried. Scratches and mars shall be repaired to the satisfaction of the Project Architect. • C. Electric Through-Wire (HMD) i. Provide South entry gate door receiving electrified hardware with Electrolynx or equal • through-door wiring harness and concealed plug connectors on each end to . accommodate up to twelve wires. . ii. Coordinate Electrolynx or equal connectors on each end of the wiring harness to plug • directly into the electrified hardware and the electric hinge. D. Electric Through-Wire (HMF) • i, Provide South entry gate door receiving electrified hardware with Electrolynx or equal • through-door wiring harness and concealed plug connectors on each end to . accommodate up to twelve wires. . ii. Coordinate Electrolynx or equal connectors on each end of the wiring harness to plug • directly into the electrified hardware and the electric hinge. 3. FABRICATIONS • A. General i. Fabricate door and frames in accordance with ANSI A250.8-I9981SDI-100. • ii. As detailed on plans,fabricated "welded"frame units to be delivered to jobsite as single . units. • iii. Prepare door to receive door hardware per approved schedule, including internal . reinforcing. Do not include unnecessary cutouts in door faces not required by hardware template. • B. Door • i. Face sheets formed of cold rolled steel • ii, Exterior door to be galvanized to G90 and fabricated per architeces drawings/elevations. • iii. Seamless Construction by continuous wire weld of both edges full height of door,and to . be done at the factory, iv, lock edges beveled 1/8"in 2 inches. v. Door lock edge reinforcing shall be one-piece,full height 14 gauge channel. Door hinge • edge reinforcing shall be one piece,full height 12 gauge channel formed and tapped for • hinges. • • J.O.J.Highland Unity Center Central Access-Point Fence TECHINCAL SPECIFICATIONS . PAGE 12 • • • • • • • vi. Both hinge and lock channels to be welded to each face sheet of the door. • vii. Top and bottom channels: not less than 16 gauge—flush or inverted,welded to face sheet close tops of exterior door flush by the additional of 16 gauge galvanized steel channel • fillers. Channel filler to be sealed watertight. • viii.Minimum HG/FG stiles shall be six(6) inches wide. Top rail shall be a minimum eight(8) • inches. • C. Door Frame Construction • L Frames shall comply with ANSI/SDI A250.5 Level A. one million cycle swing test performance for a 3668 door frame. • ii. All frames to be formed from cold rolled steel. Fumish a 14 gauge exterior 3"square • door frame for South Gate. • iii. Exterior door to be galvanized to G90 and fabricated per architect's drawings/elevations. • iv. All Frames are to be full profile welded,ground smooth, and re-primed at the welded area- v. Provide temporary shipping bars to help protect from damage during transit and handling. vi. All welds on frames to be slush with neatly mitered or butted material cuts. • D. Frame Anchors • i. All frame jamb anchors to be provided: one per each jamb. ii. In place concrete: . (a) 3"square steel frame welded to 10"x 10"x /z"plate with (4) 5/8"x 12"anchor bolts . per plate for South Gate. E. Hardware Preparation i. Reinforcements: • (a) Hinges: 10 gauge or equivalent number of threads on doors. • (b) Locks: 12 gauge or equivalent number of threads. . (c) Surface Closers: 12 gauge . (d) Hold Open-Device-- 12 gauge . ii. Field drilling and/or tapping for surface applied hardware is installation under contractor's responsibilities. Refer to SDI 107 as a recommended guide for proper reinforcement and • installation. • (a) Lock reinforcement shall be 16 gauge channel type typical of Curries G3 [86] four . sided compression resistant design. . (b) Closer reinforcement to be 14 gauge channel type • (c) Hinge and lock reinforcing on doors to be channel type, continuous from top to • bottom of door welded to face sheets. (d) Punch single leaf frames to receive three(3) silencers. • 4. SETTING FRAMES • A. Set welded frames in position prior to beginning partition work Brace frames until permanent • anchors are set • B. Set welded frames as work progresses. Install anchors at hinge and strike levels. • C. Use temporary setting spreaders at all locations. Use intermediate spreaders to assure proper door clearances and header braces for grouted frames. • D. Install frames in prepared openings in concrete using countersunk bolts and expansion anchors. S. DOOR INSTALLATION • J.O.J.HW&nd Un4 Center Central Access-Point Fence TECHINCAL SPECIFICATIONS • PAGE 13 • • • • • • A. Install hollow metal doors in frames using hardware- Doors are to be expertly hung and shall . fit snug against stops. Door shall fit accurately and hang free from hinge blind with a uniform • clearance of I/8"at head and jambs. After hanging, make all adjustments and then remove respective hardware for finish painting. Reinstall hardware after finish painting. B. Maximum clearances at edge of doors: . L At doors and frame at head of jambs: 1/8" • C. Hardware Installation: To be installed securely without marking or defacing hardware or Finish • work Protect finish hardware with suitable protective covering until completion of the fence work Leave all hardware in perfect working order. Clean&polish. 6. ADJUSTMENT AND CLEANING • A. Remove dirt and excess sealant, mortar or glazing compounds from exposed surfaces. . B. Adjust for smooth operation as required. Install shims as required to allow for proper closing. • C. Fill all dents, holes, etc. with metal filler and sand smooth and flush with adjacent surfaces— • reprime/paint to match finish. • SECTION 09900—PAINTING 1. SCHEDULE- EXTERIOR SURFACES A. Paint selection is from Dunn-Edwards Paints, Classics Collection. The paints below are • intended to establish standards of quality. Products of equivalent quality by other . established paint manufacturers may be submitted for review by the Architect. All call outs related to number of coats is suggestive only.The explicit requirement is full coverage. More coats than called for may be required to achieve full coverage and shall be applied • without additional cost to the City. . B. Exterior Surfaces: Galvanized Metals -Gloss • i. Preparation: Etch with Jasco Prep N Prime • ii, I Coat: 561 Metal Prime iii. 2 Coats: Enamel House Paint— 143 Mirro Glide Gloss C. Exterior Surfaces: Iron and Steel—High Performance Gloss: Metal doors and frames r i. I Coat:Ameron 68H Epoxy Primer r ii. 2 Coats: Ameron Amershield Gloss Urethane • D. Paint Schedule • L DEC767"Riverbed Dunn-Edwards Paints—See drawings for locations. . ii. DLC772"Navajo White", Dunn-Edwards Paints—See drawings for locations.. iii. Paint Color#3: Match the existing color of the adjacent stucco to paint the new and • existing metal conduit as noted on the drawings. . SECTION 16123—ELECTRICAL WIRING AND CABLE • 1. BUILDING WIRE: A. Concealed Dry Interior Locations: Use only approved wire. r 2. MATERIAL A. All material furnished under this contract shall be new, purchased specifically for this project and UL approved. • J.OJ.Highland Unity Center Central Attess-Point Fence TECHINCAL SPECIFICATIONS • PAGE 14 • r • • • • • . B. Extensions through slab shall be GRS conduit Install ground conductors in all non-metallic • conduits per NEC Table 250-95. • C. Branch wiring shall be copper, sized according to the rating of the breaker serving the circuit. No aluminum wiring shall be allowed. • 1 NORTH GATE ALARM . A. Provide metal conduit and wiring for wall mounted exterior alarm fixture. . B. See drawings for location. . 4. INTERIOR SOUTH GATE CONTROLLER • A. Provide and install receptionist's remote door exit button, NEC rated. Mounting location to be determined prior to installation. • 5. COORDINATION OF WORK • A. The Electrical Contractor shall be responsible for the coordination of his work with all • other trades on the project to insure an efficient and complete installation. • • END OF SPECIFICATIONS • • • • • • • • • • • • • • • • • • • • • • • • • J.O.J.Highland llniry Center Centl•al Access-Paint Fence TECHINCAL SPECIFICATIPNS PAGE 15 • •