HomeMy WebLinkAbout05736 - RICH PARZINSKY POOLS INC RAIN MAKER FOUNTAIN REPAIRS CP 08-02 DOC # 2009-0345890
07/06/2009 08:00F1 Fee:NC
page 1 of t
Recorded in Official Records
County of Riverside
tarry W. Ward
Recording IIIIIIIIIIIIII11111 If M 1111IIII 111 IN 1111#
Requested by and
After Recording 5 R 11 PAGE SIZE CA M15C LONG RI°0 COPY
P.eturn to: / '
City Clerk ���� M A I L I 465 1 426 PCOR NCOR SMF NCHG
City of Palm Springs ry
BOX 2743 1 �'�-i'lC �, T: I CTY 11Nl
lrings �A 9226�_ (FOR RECORDERS -�
Pursuant to Government Code Section 6103,this document is being re benefd to the City of Palm Springs and recording fees shall not apply-,
corded as a
P��,
NOTICE IS HEREBY given that: NOTICE OF COMPLETION
I. The City of Palm Springs, California, is a municipal corporation, organized and incorporated pursuant to the laws of the
State of California.
ll. The City Clerk of the City of Palm Springs is authorized and directed to execute, on behalf of said City, any and all Notices
of Completion.
III. The address of the City of Palm Springs is City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, California (P.O. Box
2743, Palm Springs, CA 92263-2743),
IV. The public work of improvement on the hereinafter referred to real property within the city was COMPLETED on the 13°i.
day of March, 2009
V. The name of the contractor(if named)for such work of improvement was Rich Parzinsky Pools Inc.
VI. The public work of improvement, which was completed in the City of Palm Springs, County of Riverside, State of California,
is described as follows: Rainmaker Fountain Repairs, City Project No. 08-02
VII. Nature of Interest: Fee Owner
VIII.The property address or location of said property is: Francis Stevens Park, 538 N. Palm Canyon Palm Springs, CA
92263
IX. City Project No. 08-02, Agreement Number: 5736, Minute Order No.: N/A
CITY OF PALM SPRINGS: BY: DATED:
Senior Public Works Inspector
Michael Lyta�
BY: DATED: O
Director of Public Works/City Engineer
David J. Barakian
JAMES THOMPSON, being duly sworn, says:
That he is the City Clerk of the aforesaid City of Palm Springs, California, the corporation that executed the foregoing notice; that
he makes this verification on behalf of said corporation; that he has read the foregoing Notice of Completion, and knows the
contents thereof, and that the facts stated therein are true; that as said City Clerk, he makes this verification on behalf of said
municipal corporation.
Clerk-James Thompson
Index No. 0509
CITY 07 PALM SPRINGS
CONTRACT CHANGE ORDER
To: Rich Parzmsky Pools Inc. Date: june 9, 2009
P.O. Box 897 Project No.: 08.02
Palm Springs, CA 92263 Project. Rain Maker Fountain Repairs
Change Order No.. One (1)
Contract Purchase No.: 09.0541 :0
Account No. 150.4408-65221
Agreement No. 5736
CHANGES IN WORK/COST
Increase to Contract Quantities
New Items:
Plumbing check valve/related parts Lump Sum S230.00
Labor for removal and installation of materials Lump Sum $845,00
ORDER/INCREASE AMOUNT $I
TOTAL CHANGE O 075.00,
REASONS FOR CHANGES:
During the final testing process of the fountain equipment,an existing check valve cracked,causing amajor
water leak. This Change Order is inclusive ol'excavation outside of the equipment vault and the removal
and installation of the new check valve. This work was not included in the original contract and was
necessary due to the failure of existing equipment.
Note: No additional mark ups will be added to any item on this Change Order. All costs are *Anal.
SOURCE OF FUNDS
Accomit Number 150-4408-65221
Summary of Costs Contract Time
Original Contract Amount $63,500-00 Original Completion Date. March 13, 2009
This Change Order: $1,075,00 Days Added for this C.C-O. ---0—
Previous Change Order: —0-- Previous Days Added —0—
Revised Contract Amount $64,575.00 Revised Completion Date: March 13, 2009
I have received a copy of this Change City Approval:
Order and the above AGREED PRICES
arc acceptable to the contractor. Submitted by Date 7-1 3- 09
Senior Public Works Inspmor
l
By (:Z4i/.`�l r Approve{ by Date �/Y
Cntracr:Rich Parzinsky P ols Cjry-En0neer d
Date L/oP ' hhpiin�t J-lay hiff, C-r]iP ,11w�
Atresree DaIELC7 E1/ ZoQq
L'ity-Clerk . . _
Distribution.
�t�6 APPROVED BY CITY COUNCIL
Q9�inal F.xerured Cnp:es JJ 1�,h n / Conformed-File Copv
ConEr2CtQr (1) �d•�•J.®'1 Kl^ Y`"✓ Engineering File (1)
City Clerk (1) Senior Public Workslncpector (1)
Finance (1)
2
AGREEMENT
ry;,
THIS AGREEMENT made this • � day of \�® 'l4M�V in the year 200_K 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
__ RICH PAR7.INSKY P001,S,_T1�L('.
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 Schodule(s) of the City's Contract Documents
entitled:
RAINMAKER FOUNTAIN REPAIRS
CITY PROJECT NO.08.02
The Work is generally described as follows:
THE WORK COMPRISES OF REPAIRS TO THE RAINMAKER FOUNTAIN COMPLETE AND IN PLACE SUCH THAT IT IS
OPERATIONAL AS SPECIFIED HEREIN, INCLUDING REPLACEMENTOF ALL NON-FUNCTIONING EQUIPMENT AND CONTROLS,
INSTALLATION OF DRAINS AND REPAIR AND/OR REPLACEMENT OF THE CONTROL PANEL.
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 an time. Accordingly, instead of requiring any such
proof,the City and the Contractor agree that as liquidated damages or delay Nut not as a penalty) the Contractor shall pay the
City the sum of 8576 for each calendar day that expires after the time specified in Article 2,herein.
ARTICLE 3 -CONTRACT PRICE ($63,500)
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(s).
ARTICLE 4-THE CONTRACT DOCUMENTS
The Contract Documents consist of: Notice Inviting Bids, Instructions to Bidders, the accepted Bid and Bid Schedule, the
Schedule of Values, List of Subcontractors, Non-Collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond,this
Agreement, Worker's Compensation Certificate, Performance Bond, 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 1 to 1 , 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 City as provided in the
General Conditions.
ARTICLE 6-NOTICES
RAINMAKER FOUNTAIN REPAIRS AGREEMENT FORM
CITY PROJECT NO.08.02 AGREEMENT&BONDS-PAGE
1
JUNE 24, 2008
• 1
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 1 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 or 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 City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party
hereto, its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations
contained in the Contract Documents.
IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above
written,
Date
ATTEST: CITY OF:PALM SPRINGS,CALIFORNIA
Agreement No
By N\F�t&
City Clork
APPROVED TO FORM
By
y Attorney
oat
CONTENTS APPROVED:
By .�Jclr�L
fCity Engineer
Date o� APPROVED BY CITY COUNCIL
1\ City Manager
4`�Date �r^Y`n�_.._.�
APPROVED BY THE CITY COUNCIL:
RAINMAKER FOUNTAIN REPAIRS AGREEMENT FORM
CITY PROJECT NO,08-02 AGREEMENT &BONDS-PAGE
2
JUNE 24, 2008
CONTRACTOR: Check one: Individual Partnership y Corporation
Corporations require two notarized signatures: One from each of the following. A. Chairman of Board, President, or any Vice
President AVID B. Secretary,Assrstadf.Secrstary, Treasurer, Assistant Treasurer, or Chief Financial Officer.
Y:
Signature (notari ed) Signature (notarize j`
^t7 t}
Nam -t�fi.\G-X,'��iN�.�1J Name: �!.) c4 �1.>` Lr r`G.1,^r._. G
Title: ,�p�,3 it en+ Title: C71Li?
Address: ) 4 I I O qcr. w`c"-i Address:
(This Agreement muse be signed in the above space by (This Agreement muse be signed in the above space by
one of the following:Chairman of the Board,President or one of the fallowing: Secretary,Chief Financial Officer or
any Vice President) any Assistant Treasurer)
State of CA State of CA
County of Ri ijoy5dr c }SS County of`C-i d fUrr n-,,,I f=lss
`
On TO V�i )D✓ before On /_ (0 3, /a e before
me,i' G 242�E17 , Notary Public me, Pia� T'�- 25 , Notary Public
personally appeared(Z;CP'�W,'f personally appeared!+Rr.s~l;-�'r L. 66rr,4 who
proved to me on the basis of satisfactory evidenbe to proved to me on the basis of satisfactory evidence to
be the perso*-) whose name(,,.}is/ap-subscribed to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that the within instrument and acknowledged to me that
he/_�he/a executed the same in his/tar/their he/she/they executed the same in his/her/their
authorized capacity), and that by his/qer/theft authorized capacity(ies), and that by his/her/their
signatures}On the instrument the persons , or the signature(s) on the instrument the person(s), or the
entity upon behalf of which the perso5o acted, entity upon behalf Of which the person(s) acted,
executed the instrument. executed the Instrument.
I certify under PENALTY OF PERJURY under the laws I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph of the State of California that the foregoing paragraph
Is true and correct. is true and correct.
WITNESS my hand and official seal. WITNESS my hand and official seal.
Notary Notary
Signature_ _ l -rt_ Signature:
Notary Seal: Notary Seal:
a.FREED �� /� Jk J J ��,.. &FREED
L) �.i Commission 166W73
It Commission# 1665773 j Note PubliC-Callfornla
"�kS Notary Pul7llc-Collfomla =^� �'=1, r5'
cqq ,sue+ Rlverslde County
z ` Riverside County �� {I fir^ My Comm Expires Jun 6,213
My Comm.Expires Jun 6�U:f PP��
RAINMAKER FOUNTAIN REPAIRS 'S AGREEMENT FORM
CITY PROJECT NO.08-02 AGREEMENT&BONDS-PAGE
3
JUNE 24, 2008
WORKER'S COMPENSATION CERTIFICATE
(AS REQUIRED 8Y SECTION 1861
OF THE CALIFORNIA LABOR CODE)
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 of that code, and I will comply with
such provisions before commencing the performance Of the work of this contract.
Contractor: t - (A Zy 141-y �CCf] tvY1C ,
By: YGZ11'C. \ co-c'- -C c,
Title: l n SecjG tz T VL y
RAINMAKER FOUNTAIN REPAIRS WORKER'S COMPENSATION CERTIFICATE
CITY PROJECT NO. 08.02 AGREEMENT&BONDS• PAGE
4
JUNE 24, 2008
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 City in the farm 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:
RAINMAKER FOUNTAIN REPAIRS
CITY PROJECT NO.08.02
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, Performance 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 I IS 6
Number l 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,at 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 Forms, 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 therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the afore-mentioned
Bidding Scnedulels)-
Dated:
By, •0.�'�iG� lQ./I/J fir, r1�/
.` (Signature)
Title: L�G1 d `./
RAINMAKER FOUNTAIN REPAIRS / BID FORM
CITY PROJECT NO. 08-02 _ PAGE 1
JUNE 24, 2003
BID SCHEDULE
Lump Sum Price for Construction of
RAINMAKER FOUNTAIN REPAIR
PROJECT NO. 08-02
In Palm Springs, California
Item Description Lump Sum Amount
1) Repair fountain pursuant to items listed in the Technical
Specifications
a) additional cost to replace pump motors $ r1( � L) 1 (2)
c) additional cost to replace entire control panel $ I -7 L (3) v
[
TOTAL BID PRICE - FOR SCHEDULE A = Totals 1 + 2 + 3 NoT_1 e -secc.)ek-
Far the lump sum of / 'I per 5 , 7�Lkcjm
(Price in figures)
���= lV�yi'e�Dl-l�'ihld crtUe. Y�vt'1dV`Ec� �. �� lJD<<ctV-✓
(Price in wards) I
1�Gt� 2-1 Ykrj L� �nb I
Name of Bidder
DETAILED DESCRIPTION OF PROPOSED REPAIR WORK: I I
QLJan�- tmwe, ��s le , '�)ecryi
VC-x_ 4 vh CSvl e� r rah-OLlI TC'Zk -' � i rz.
Os�- 1,> �,At,j4 - Co [•CJ[/ e ocA �Itknce LuorFS �S�pelrVlsok- Rvp6cemen4
f ae p)w,c e a L,)Cz 'ev ) YTo�rs . ��la, S (~ n b v b u vnn 1� iI6 ifc,,ks e
�ce a,sy,p "WP t a -
1 31 q uvn (6-kx / 'I- C4 ram, �g n`( i ( des . f c N e wT� +vSL�1�E
au � ecFvt`� c, ve c n
Loire. �PGs,•c �Y ul( A60v,_ gy-ounA
RAINMAKER FOUNTAIN REPAIRS BID FORMS
CITY PROJECT NO.08-02 PAGE 2
JUNE 24, 2008
INFORMATION REQUIRED OF BIDDER
LIST OF SUBCONTRACTORS
As required under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below the
name and business address of each subcontractor who will perform Work under this Bid in excess of
one-half of one percent of the Contractor's Total Bid Price, or $10,000.00, whichever is greater, and
shall also list the portion of the Work which will be done by such subcontractor. After the opening of
Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of
more than one subcontractor for each item of Work t0 be performed with the words "and/or" will not
be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may
cause Its rejection.
Contractor's Percent
License of Total
Work to bePerformed I Number Contract Subcontractor's Name & Address
1. cnJziYlgo15 l�J� <)ra5 � a/a O, jrJX r6 --1
2. V�i l'eC Y�C„ � ^SD�o 4-7 lbq Y9'jI
et C
3.
4.
5.
6.
7.
8.
RAINMAKER FOUNTAIN REPAIRS LIST OF SUBCONTRACTORS
CITY PROJECT NO.08-02 81O FORMS-PAGE 3
JUNE 24, 2008
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND
SUBMITTED WITH BID
State of California )
1 ) ss.
County of ���(P»
I, Gf`� cL Z. e115�• , being first duly worn, depose ar�},d s-_�a_-Y}'s
that he or she is t° � ^�lit'� of �` 1`aIYI- y" ' E 2
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 ocher 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 Che 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_ rp(Dtsl: tc .
By
Title � `�t`7J_Ch'P�Y��
Organization
Address 7P .
RAINMAKER FOUNTAIN REPAIRS NON-COLLUSION APPIOAVIT
CITY PROJECT NO.08.02 Blp FORMS-PAGE 4
JUNE 24, 2008
BIDDER'S GENERAL INFORMATION
The Bidder shall furnish the following information. Failure to complete all Items will cause the Bid to
be non-responsive and may cause its rejection.
1. BIDDE�Rj/CONrTRA TOR'S Nam andr�Street Address:
f� l Grn cl l� _ ,a
S Y pcx�kS l K c
D +�
2. CONTRACTOR'S Telephone Number: (rj(� ) `02 -L 'S�SoZ�
Facsimile Number: ( ?f:L oZg7
3. CONTRACTOR'S License: Primary Classification C S
State License Number(s) C75
Supplemental License Classifications C__176
4, Surety Company anglie f�who will provide the required Bonds on this Contract:
Name of Surety -__ `SUP 11 S�V 1rl`C
Address ?J1-7VL �(U r , i ✓Ju St✓d
Surety Company
Telephone Numbers: Agent (qOel) t{� 7 O surety ( )
5. Type of Firm (Individual, Partnership or Corporation): r.E* r7o14C;_1�LL
6. Corporation organized under the laws of the State of: CCt (i� �l^V,1 C'
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 fir u
Cam. q-;afca
RAINMAKER FOUNTAIN REPAIRS BIDDER'S GENERAL INFORMATION
CITY PROJECT NO,08-02 BID FORMS-PAGE 6
JUNE 24, 2008
BIDDER'S GENERAL INFORMATION (Continued)
8. Number of years experience as a contractor in this specific type of construction work:
9. List at least three related proj
�ec
`ts completed to date:
a. Owner �Lxu L I} Ar L'I 17 Address 30 f7VelA(♦15 �r - �Vr�o �I f C-, _
Contact P ,< Class of Work yC,,_T✓3
Phone C-31 P�$o'Z�' o'L as Contract Amount W $,. 7$S,CID
Project �AaN le-� In Date Completed FtG r0t-� gno g
Contact Person -c k a - aA-16 Telephone number 'J to) 5W — �,
b. Owner MR C0v15FrkAr0t Address L1'5100 lQyn
Contact xrrhC 5 TZcj5M L 5 Class of Work C_-SD I C—$
Phone akcll) �,I`6D`.Soot/ Contract Amount t 3 66 7. ov
Project 1 le��' Pae, t-6 • Date Completed _"�>-EG 'Zc<)7
Contact Person�ac� 6�L4 Telephone number t7f�y�
C. Owner Or ?,4l/h50VY50 Address 3`dCO 0, 1 uA -
Contact VC4_macl Class of Work -53 TOL-m hG t v
Phone C?&0�3a3-CS_`25i Contract Amount 000 ,
Project Date Completed a 00 0
Contact Personc� pP�eYP Telephone number �7w�
10. List the name and title of the person who will supervise full-time the proposed work for your
firm: `cn�� _Pct)('Z it h5L�p 1p rs i dry1T -760)
11. Is full-time supervisor an employee IJo contract services fJ 0 ?
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 Engineer.
RAINMAKER FOUNTAIN REPAIRS BIDDER'S GENERAL INFORMATION
CITY PROJECT NO.0$-02 BID FORMS-PAGE 7
JUNE 24, 2008
.� CITY OF PALM SPRINGS
SPECIFICATIONS FOR
...Y .
:.�.. RAINMAKER FOUNTAIN REPAIRS W -:
PALM SPRINGS, CALIFORNIA44
PROJECT NO. 08-02114
June 2008 4.
PALM
U cCn "
Mn�x. r Y.�.n+n•••X."rwWrY
•i
r
f
David J. Barakian, P.E., City Engineer
• CITY OF PALM SPRINGS
3200 East Tahquitz Way
Palm Springs, California
Oat Bid Open:July 29, 2008
thned: June 24, 2008
O�P A L Al Sp
City Springs
'�=c Y of Palm P b _
V y,
Deparcmenc of Public Works and Engineering
* C0RORnTEO`yh ' 3200 E.T-dlquaz Canyau Way • Palm Springs,California 92262
P Tel:(760) 323.6253 ' Fax:(760)322-8360 • Web:www.ci.palm-springs.ca.us
9�1�ORN�
ADDENDUM NO. 1
To all prospective bidders under Specifications for the Rainmaker Fountain Repairs, City Project No.
08-02, which are to be received by the City of Palm Springs at the office of the Procurement and
Contracting Manager at 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262, until 2:00 P.M. on
Tuesday, July 29, 2008:
I. The following change shall be made to Part I —Bidding and Contractual Documents and Forms:
THE BID OPENING DATE IS POSTPONED TO AUGUST 19, 2008,
Paragraph N-1 of the Notice Inviting Bids is revised to read:
N-1 NOTICE IS HEREBY GIVEN that sealed bids for the Rainmaker Fountain Repairs will be received
at the office of the Procurement and Contracting Manager of the City of Palm Springs, California, until 2:00
P.M. on August 19, 2008, at which time they will be opened and read aloud. The Engineer's Estimate is
$95,000.
Paragraph N-9 of the Notice Inviting Bids is revised to read:
N-9 PRE-BID MEETING: Prospective bidders are required to attend a mandatory pre-bid meeting to
acquaint potential bidders with the project and existing site conditions that may affect the work. Bidders
that attended the mandatory pre-bid meeting conducted on Tuesday, July 15, 2008, are not required to
attend, but are advised to attend to discuss the revised repair specifications included with Addendum No.
1. The pre-bid meeting will be held on Tuesday, August 5, 2008,at 9:00 AM local time. Please arrive at
the project site, located at the northeast comer of Palm Canyon Drive and Alejo Road. Failure of a bidder
to attend the pre-bid meeting shall constitute acceptance of all pre-existing site conditions and shall
constitute a waiver of any and all future claims relating to said conditions.
r
II. The following change shall be made to Part III —Technical Specifications;
The section identified 'Repair Specifications", beginning on Page 7 of the Technical Specifications, is
deleted, and replaced with the attached specifications. The specifications have been revised and are
shown in legislative format to identify modified or deleted text, followed by a copy of the repair
specifications without legislative format.
III. The Special Provisions as originally issued shall be used in submitting bids, and an
acknowledgment of receipt-of this Addendum No. 1 shall be entered on Page 1 of the Bid forms.
Failure to provide such acknowledgment shall render the bid as non-responsive and subject to
rejection.
Date: July 22, 2008 BY ORDER 0��I PALM SPRINGS
By
David J. Barakian, PE
Director of Public Works/City Engineer
Civil Engineer C 28931
n .err• n n-,Fa - n 1 p . _ _ r.l•C'__._[_ nnn �-T/,�
REPAIR SPECIFICATIONS:
The work shall be performed in conformance with OSHA Requirements for working in confined
spaces. The fountain is to continue to be an interactive fountain with a sequencing of the wands
as designed by the artist.
The following are the required fixes for the fountain to be placed back into operation.
• Determine the functionality of the entire control panel (including the programmable logic
contIAMLIPLGILInd repair or replace as necessary. The Rainmaker Fountain is
automated in as much as the wands do not continually fill with water but are se uenced to
the Artist's original direction. This is accomplished with a PLC arid three motorized
butterfly valves. The PLC is.1typically programmed by the suo2lier of the electrical panel,
which in this case was Prair Electric in Portland, Oregon. The PLC is programmed to
open one or both of the water valves while closing the by-pass valve to direct water to the
wands. Water will fill the wands and they would spill into the pool. This would happen for
a set amount of time and then the wand valves would close and the by-pass valve open
and allow water to flow into the wand basin.
• Relocate existing fountain control panel and PLC(or install new fountain control panel and
PLC)to the exterior of the ecluCipment vault. The control panel and PLC is to be installed
within a new enclosure provided by the City. The new enclosure is to be installed adjacent
to the equipment vault on a concrete foundation.
• Test and service the fountain pump motors and replace if necessary. Replacement
motors shall be same size,make and model as existing or approved equal.
• Make the sump pump operational. The pump should be able to evacuate ,ll offhe water -.--- etc petd:aimo_11
from the sump trough. Install a 4" main drain from the sump pumpto the sanitary sewer. - -- peieted:An e
A 6" sanitary sewer lateral will be provided by the City to within 20 feet of the lawer--------{Deleted:boom
fountain pool. Provide a 6"Me connection with a separate drain valve to the sump pump.
The drain valve is to be installed in a valve box on the exterior of the Im fountain pool,
in a location approved by the City.
nstall a 4" main drain from the bottom of the lower fountain pool to the sanitary sewer. A _ - -- nerered:' *saNrary gmi^:haii
6"sanita sewer lateral will be provided b the Cityto wit hin 20 feet gf the lower fountain ec iwtane°i^rho Wt.pom and
pool. Provide a 6"woe connection with a separate drain valve to the lower fountain pool• ^^ec ea to me above spccrod e^
plpe.¶
The drain valve is to be installed in a valve box on the exterior of the lower fountain opt
in a location approved by the City.
• Ventilation fan in the vault shall be replaced with 1/3hp exhaust fan, existing 3"vent piping
shall be replaced with 6"pipe of same type. Core as needed to install.
Vault Mechanical. Replace the existing basket strainers on the main pumps with new
stainless steel strainers and replace the existing filter pumps with new pumps with
stainless steel basket strainers. The basket strainers in the existing vault are very small
and larger capacity strainers such as a Pro Strainer(vnvw.prostrainer.conn shall be used.
• ,Fumish and install adeouat� sized-new-filter-pumps. New filter pumps are-required-_,--- peretea:Thc
because the Pentair Whisper Flow Pump capacity is very small. The existing filters are
100 square feet and shall be increased in size to 150 square feet. The existing cartridge
filter is backward and shall be re-plumbed. Replace the filters with 150 square foot filter
andproyide-an extra setof cartridges.- Provide drainage valves a_nd_ pipe to the filtertanks..... oeleteo.matraipmdicaigrrt
to allow drain-off nuisance water to the sump pump.
• Drain valve shall be added to the piping downstream of all check valves in the vault. The
valves should have a minimum a/4"size and should be routed to the sewer.
• The chlorine feeders are adequate for the job but they are not automated. A chemical
controller shall be installed within the new exterior enclosure with the control I angel and
PLC. Make_appropriate electrical connections from the chemical controller to a solenoid
valve in front of the erosion feeders for on and off operation. Use a product by Santa
Barbara Controls or approved equal for PPM and pH control and monitoring. In addition,
provide a UV sanitizer and install on the filter loop. Use Delta UV, EP Models or approved
equal.
• Replace all-of the existing water level controlprobes with float type.-_The types-of_probps__... oersted:dl The RalnmaKer
being used are resistive types that utilize the water levels....o open and close Control the wandsd not contInually utomated in as fill with
uch s
circuits. The hard water deposits apparently have built-up on the probes and therefore water but are sequenced to the
they have lost their conductivity and the solenoid valves either fail to open or fail to close. Artists original dlfccticn. Thu was
accomplished with a small
• The existing solenoid valves shall be replaced, programmable logic controller(PLC)
• All conduit entries into the vault shall be sealed with duct seal. and three motorized butterfly valves
• Drain lines shall be installed on all pipes downstream of check valves. The PLC I:typically PM hammed by
• ALL lighting needs to be replaced and operational and property installed to be flush- the supplier this
of the was Pitelectri al panel,
g g p p p which In this case was prair Electric
mounted with bottom surface of lower pool for safety purposes. In Portland,Oregon The PLC ie
• Replace leaking wand seals at wand attachments with seals that will adequately prevent rammed to open one or both of
the water valves while closing the by-
leaking at these pivot points. pass valve to direct water to the
wands. water will fill the wands and
they would spill into the pool This
would happen for a set amount of
time and then the wand valves would
'Close and the by-pass valve open and
allow waterto flow Into the wand
basin.11
REPAIR SPECIFICATIONS:
The work shall be performed in conformance with OSHA Requirements for working in confined
spaces. The fountain is to continue to be an interactive fountain with a sequencing of the wands
as designed by the artist.
The following are the required fixes for the fountain to be placed back into operation:
• Determine the functionality of the entire control panel (including the programmable logic
controller [PLC]) and repair or replace as necessary. The Rainmaker Fountain is
automated in as much as the wands do not continually fill with water but are sequenced to
the Artist's original direction. This is accomplished with a PLC and three motorized
butterfly valves. The PLC is typically programmed by the supplier of the electrical panel,
which in this case was Prair Electric in Portland, Oregon. The PLC is programmed to
open one or both of the water valves while closing the by-pass valve to direct water to the
wands. Water will fill the wands and they would spill into the pool. This would happen for
a set amount of time and then the wand valves would close and the by-pass valve open
and allow water to Flow into the wand basin.
• Relocate existing fountain control panel and PLC (or install new fountain control panel and
PLC) to the exterior of the equipment vault. The control panel and PLC is to be installed
within a new enclosure provided by the City. The new enclosure is to be installed adjacent
to the equipment vault on a concrete foundation.
• Test and service the fountain pump motors and replace if necessary. Replacement
motors shall be same size, make and model as existing or approved equal.
• Make the sump pump operational. The pump should be able to evacuate all of the water
from the sump trough. Install a 4" main drain from the sump pump to the sanitary sewer.
A 6" sanitary sewer lateral will be provided by the City to within 20 feet of the lower
fountain pool. Provide a 6" wye connection with a separate drain valve to the sump pump.
The drain valve is to be installed in a valve box on the exterior of the lower fountain pool,
in a location approved by the City.
• Install a 4° main drain from the bottom of the lower fountain pool to the sanitary sewer. A
6" sanitary sewer lateral will be provided by the City to within 20 feet of the lower fountain
pool. Provide a 6" wye connection with a separate drain valve to the lower fountain pool.
The drain valve is to be installed in a valve box on the exterior of the lower fountain pool,
in a location approved by the City.
• Ventilation fan in the vault shall be replaced with 1/ahp exhaust fan, existing 3" vent piping
shall be replaced with 6" pipe of same type. Core as needed to install.
• Vault Mechanical. Replace the existing basket strainers on the main pumps with new
stainless steel strainers and replace the existing filter pumps with new pumps with
stainless steel basket strainers. The basket strainers in the existing vault are very small
and larger capacity strainers such as a Pro Strainer(www.prostrrainer.com) shall be used.
• Fumish and install adequately sized new filter pumps. New filter pumps are required
because the Pentair Whisper Flow Pump capacity is very small. The existing filters are
100 square feet and shall be increased in size to 160 square feet. The existing cartridge
filter is backward and shall be re-plumbed. Replace the filters with 150 square foot filter
and provide an extra set of cartridges_ Provide drainage valves and pipe to the filter tanks
to allow drain-off nuisance water to the sump pump.
• Drain valve shall be added to the piping downstream of all check valves in the vault. The
valves should have a minimum 3/4"size and should be routed to the sewer.
• The chlorine feeders are adequate for the job but they are not automated. A chemical
controller shall be installed within the new exterior enclosure with the control panel and
PLC. Make appropriate electrical connections from the chemical controller to a solenoid
valve in front of the erosion feeders for on and off operation. Use a product by Santa
Barbara Controls or approved equal for PPM and pH control and monitoring. In addition,
Provide a UV sanitizer and install on the filter loop. Use Delta UV, EP Models or approved
equal.
• Replace all of the existing water level control probes with float type. The types of probes
being used are resistive types that utilize the water levels to open and close control
circuits. The hard water deposits apparently have built-up on the probes and therefore
they have lost their conductivity and the solenoid valves either fail to open or fail to close.
• The existing solenoid valves shall be replaced.
• All conduit entries into the vault shall be sealed with duct seal.
• Drain lines shall be installed on all pipes downstream of check valves.
• ALL lighting needs to be replaced and operational and properly installed to be flush-
mounted with bottom surface of lower pool for safety purposes.
• Replace leaking wand seals at wand attachments with seals that will adequately prevent
leaking at these pivot points.
•
•
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•
. CITY OF PALM SPRINGS
•
• SPECIFICATIONS FOR
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RAINMAKER FOUNTAIN REPAIRS
PALM SPRINGS, CALIFORNIA
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• CITY PROJECT NO. 08 02
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• June 2008
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• The Specifications contained herein have been
prepared by or under the direction of the following
40• Registered Professional Engineer or Architect
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Approved by
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• David J- Baraldan, PE
City Engineer
• Civil Engineer C28931
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. RAINMAKER FOUNTAIN REPAIRS SIGNATURE PAGE
• CITY PROJECT NO. 06.02
JUNE 24, 2008
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• CITY OF PALM SPRINGS
• SPECIFICATIONS
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• TABLE OF CONTENTS
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• PART I - BIDDING AND AGREEMENT FORMS AND BONDS
• Notice Inviting Bids
• Instructions to Bidders
Bid Forms
• Bid (Proposal)
• Bid Schedule
• List of Subcontractors
Non-collusion Affidavit
• Bid Bond (Bid Security Form)
• Bidder' s General Information
• Agreement and Bonds
Agreement Form
• Worker' s Compensation Certificate
Payment Bond
• Certificate of Insurance
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• PART II - CONDITIONS OF THE CONTRACT
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• General Conditions of the Contract
• Supplementary General Conditions
• PART III — TECHNICAL SPECIFICATIONS
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• RAINMAKER FOUNTAIN REPAIRS GENERAL CONTENTS
CITY PROJECT NO. 08.02 PAGE 1
• JUNE 24, 2008
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• CITY OF PALM SPRINGS
• SPECIFICATIONS
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PART I - BIDDING AND AGREEMENT FORMS AND BONDS
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. Notice Inviting Bids
• Instructions to Bidders
• Bid Forms
• Bid (Proposal)
Bid Schedule
• List of. Subcontractors
Non-collusion Affidavit
• Bid Bond (Bid Security Form)
• Bidder's General Information
• Agreement and Bonds
Agreement Form
• Worker's Compensation Certificate
• Payment Bond
Certificate of Insurance
• A w w k w
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• RAINMAKER FOUNTAIN REPAIRS GENERAL CONTENTS
CITY PROJECT NO. 08.02 PAGE 2
JUNE 24, 2008
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• CITY OF PALM SPRINGS
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• NOTICE INVITING BIDS
• For constructing Rainmaker Fountain Repairs - City Project No. 08-02
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• N-1 NOTICE IS HEREBY GIVEN LhaL sealed bids for the Rainmaker Fountain
• Repairs will be received at the office of the Procurement and Contracting
Manager of the City of Palm Springs, California, until 2 P.M. on July 29, 2008
• at which time they will be opened and read aloud. The Engineer's Estimate is
$95, 000.
•
N-2 DESCRIPTION OF THE WORK: The Work comprises the repair's to the Rainmaker
• Fountain located at the northeast corner of North Palm Canyon Drive and A1ejo
• Road in Palm Springs, California-
. N-3 AWARD OF CONTRACT:
(a) The City 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 a7.1 other bids, as it
may best serve the interest of the City.
•
(b) As a condition of award, the successful bidder will be required to
• submit payment bond and insurance.
N-4 BID SECURITY: Each bid shall be accompanied by a certified or cashier's
• check or Bid Bond in Lhe amount of 10 percent of the total bid price, payable
• to the City of Palm Springs.
• N-5 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_
N-6 CONTRACTOR'S LICENSE CLASSIFICATION: The Contractor shall possess a valid
• Class B or C53 or, C36 Contractor license at the time of submitting bids.
• N-7 PREVAILING WAGE RATES NOT APPLICABLE: Funding for the Work is with all
• local funds and, as provided under City Charter, will NOT require compliance
• with the prevailing wage requirements of the State of California.
• N-8 RETAINAGE FROM PAYMF'NTS: The Contractor may elect to receive 100 percent
of payments due under the Contract Documents from time to time, without
• retention of any portion of L'he payment by the City, by depositing securities
of equivalent value with the CiLy in accordance with the provisions of Section
• 22300 of the Public Contract Code.
• N-9 PRE-AID VISIT TO WORK SITE: Prospective bidders are required to attend a
• pre-bid walk through of the proposed work site and existing facilities which
• will be conducted by the City at 8:00 am on July 15, 2008 at the fountain
location. Failure to participate in the pre-bid walk though will render a
• bidder as nonresponsive-
• N-10 OBTAINING OR INSPECTING CONTRACT DOCUMENTS:
• (a) Contract Documents may be obtained without charge at the office of the
City Engineer, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262.
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• RAINMAKER FOUNTAIN REPAIRS NOTICE INVITING BIDS
CITY PROJECT NO,08-02 PAGE 1
• JUNE 24, 2008
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• N-11 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 Procurement and Contracting Manager at 3200 Last Tahquitz Canyon
Way, Palm Springs, CA 92262. The envelope 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- - " toll owed by the title of the Project and the date and hour of
opening Bids. The certified or cashier's check or Bid Bond shall be enclosed in
• the same envelope with the Bid.
• BY ORDER OF THE CITY OF PALM SPRINGS
Date: u Z O CITY OF� 2 M SPRINGS
• By
• David J. 9araki.an, PE
City Engineer
• City of Palm Springs
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• RAINMAKER FOUNTAIN REPAIRS NOTICE INVITING BIOS
CITY PROJECT NO.08.02 PAGE 2
• JUNE 24, 2008
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• CITY OF PALM SPRINGS
INSTRUCTIONS TO BIDDERS
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• 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 City, as distinct from a sub-bidder, who submits a Bid to a Bidder. The term
• "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
• Bidder'S experience as of recent date on the form entitled "Bidder's General Information," bound herein. Except as
• otherwise provided under Public Contract Code 920103-5, no Bid for the Work will be accepted from a contractor
who does not hold a valid contractor's license in the State of California for the classifications named in the Notice
• Inviting Bids at the time of award.
• 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 City 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 City believes that collusion 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 familiar with local conditions that may affect cost, 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
Engineer 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 net 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.
•
• (e) Copies Of such reports and drawings will be made available for inspection by the City 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 City and the Engineer by the owners of
• such underground utilities or others, and the City 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 other terms and conditions of the Contract Documents.
•
• RAINMAKER FOUTAIN REPAIRS INSTRUCTIONS TO SIPPERS
CITY PROJECT NO.08-02 PAGE 1
. JUNE 24, 2008
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• (g) Where feasible, upon request in advance, the City will provide each Bidder access to the site to
• conduct such investigations and tests as each Bidder deems necessary for submittal of a Did. 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 is to 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 City 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 Did is premised upon performing
• the Work required by the Contract Documents and such means, methods, techniques, sequences, or procedures
. of construction 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.
• B. INTERPRETATIONS - All questions about the meaning or intent of the Contract Documents are to be
• directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such
questions will be resolved by the issuance of Addenda mailed or delivered to all parties recorded by the Engineer or
• the City as having received the Contract Documents. Questions received less than 5 days prior to the date 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 clarifications will be without legal or contractual effect.
• 6. BID SECURITY, BONDS, AND INSURANCE - Each Bid shall be accompanied by a certified or cashier's
• check or approved Bid Band 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 and Payment Bond. Each of said
• bonds and insurance certificates shall be in the amounts stated in the Supplementary General 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 Band 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.
• S. BID FORM -The Did shall be made on the Bid Schedule shoots bound herein. Unless otherwise provided in
• the Notice Inviting Bids, in the event there is more than one Bid Schedule, the Bidder may Bid on any individual
schedule or on any combination of schedules. 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 in the event of 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 wards "BID FOR," followed by the
• title of the Contract Documents for the Work, the name of the "CITY OF PALM SPRINGS," the address where the
bids are to be delivered or mailed to, and the date and hour of opening of bids. The Bid Security shall be enclosed
• in the same envelope with the Bid.
• 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 matter what the reason.
• 10. DISCREPANCIES IN BIDS - In the event that there is more than one Bid Item in the Bid 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 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
•
RAINMAKER rOUTAIN REPAIRS INSTRUCTIONS TO BIDDERS
• CITY PROJECT NO.08-02 PAGE 2
• JUNE 24, 2008
•
•
•
•
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• such correction, subject to the provisions of Section 5100 et seq, of the California Public Contract Cade- 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-
•
• 11. 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 City 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 Conditions.
• 12. WITHDRAWAL OF BID -The Bid may be withdrawn by the Bidder by means of a written request, signed
• by the Bidder or it's properly authorized representative. Such written request must be delivered to the 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 interlineations, 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 Specifications for "Beginning and Completion of the Work" in
• Section entitled Summary of Work-
• 15. SUBSTITUTE OR "OR-EQUAL" ITEMS - The procedure for submittal of any application for substitute or
• "or-equal" items by the Contractor and consideration by the Engineer is set forth in Part III, Section 01301-1.02,
entitled: "Contractor Submittals" of the Technical Specifications.
•
• 16. AWARD OF CONTRACT - Award of Contract, if it is awarded, will be based primarily on the lowest
overall cost to the City, based on the total bid shown on the Bid Schedule Form 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 bidders. Unless otherwise indicated, a single award will not be made for
less than all the Bid Items of an individual Bid Schedule. In the event the Work is contained in more than one Bid
Schedule, the City may award schedules individually or in combination. In the case of 2 or more Bid Schedules
. which are alternative to each other, only one of such alternative schedules will be awarded-
• 17. EXECUTION OF AGREEMENT - The Bidder to wham award is made shall execute a written Agreement
• with the City on the form of agreement provided, shall secure all insurance, and shall furnish all certificates and
bonds required by the Contract Documents within 15 calendar days after receipt of the Agreement forms from the
• City. 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- If the lowest responsive, responsible bidder refuses or fails to execute the Agreement, the City 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 City may award the Contract to the third lowest
responsive, responsible Bidder. On the failure or refusal of such second or third lowest Bidder to execute the
. Agreement, each such bidder's Bid Securities shall be likewise forfeited to the City.
• 18. 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.
•
RAINMAKER FOUTAIN REPAIRS INSTRUCTIONS TO BIDDERS
• CITY PROJECT NO.08-02 PAGE 3
• JUNE 24, 2008
0
•
•
•
•
i 79. LOCAL.BUSINESS PROMOTION —
(a) In determining the lowest responsible Bidder, the following provisions of Section 7.09.030 of the City of Palm
i Springs Municipal Code shall be applied to a Bid submitted by a local business enterprise or contractor:
• For any contract for services, including construction services, a reciprocal preference shall be given as
• against a non-local business enterprise contractor from any state, county or city that gives or requires a
• preference to contractors from that entity in award of its service contracts. The amount of the reciprocal
preference shall be equal to the amount of the preference applied by the entity in which the non-local
• business enterprise contractor is based as against the Bid of a City of Palm Springs contractor.
• (b) For all contract Bids proposing sub-contractors:
• (t) The prime contractor shall use good faith efforts to sub-contract the supply of materials and
• equipment to local business enterprises, and to sub-contract services to businesses whose work force
• resides within the Coachella Valley ("local sub-contractor").
• (2) The prime contractor shall submit evidence of such good faith efforts at the time of submission
of Bids. Good faith efforts may be evidenced by placing advertisements inviting proposals in local
• newspapers, sending requests for proposals to local sub-contractors, or by demonstrating that no local
• sub-contractors are qualified to perform the work or supply the materials or equipment.
• (3) Any notice inviting Bids which may require the use of sub-contractors shall include notification of
• this subdivision.
i (4) The City may reject as non-responsive the Bid of any contractor proposing to use sub-
contractors that fails to comply with the requirements of this subdivision.
•
• - END OF INSTRUCTIONS TO BIDDERS -
•
•
•
•
•
•
•
•
•
•
•
•
i
•
•
i
•
•
. RAINMAKER FOUTAIN REPAIRS INSTRUCTIONS TO BIDDERS
CITY PROJECT N0.08-02 PAGE 4
i JUNE 24, 2008
i
•
•
•
BID DOCUMENTS
• Only the following listed documents, identified in the lower right corner as "Sid Forms" and
• reproduced on colored paper, shall be fully executed and submitted with the Bid at the time of
opening of Bids.
•
• Bid (Proposal)
Bid Schedule(s)
• List of Subcontractors
• Non-collusion Affidavit
Bid Bond (Bid Security Form)
Bidder's General Information
Failure of a Bidder to fully execute and submit all of the listed documents with the Bid will render a
a Bid as non-responsive and subject,to rejection.
•
•
•
•
•
•
•
•
•
•
•
•
. RAINMAKER FOUTAIN REPAIRS COVER SHEET
CITY PROJECT NO. 08.02 BID FORMS
• JUNE 24, 2008
•
•
•
•
•
• 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 City 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:
• RAINMAKER FOUNTAIN REPAIRS
CITY PROJECT NO.08.02
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, Performance 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
fallowing 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 Subcontractors, Non-collusion Affidavit, Purchase Order for
• Assigned Contract, Bidder's General Information, and Bid Band contained in these Bid Forms, 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 therefor the Contract Price based on the Lump Sum or Unit Bid Price(s) named in the afore-mentioned
Bidding Schedule W.
•
•
• Dated: Bidder:
• By;
• (Signature)
Title:
•
•
•
RAINMAKER FOUNTAIN REPAIRS BID FORM
CITY PROJECT NO. 08.02 PAGE 1
• JUNE 24, 2008
•
•
•
•
• BID SCHEDULE
Lump Sum Price for Construction of
• RAINMAKER FOUNTAIN REPAIR
• PROJECT NO. 08-02
In Palm Springs, California
Item Description Lump Sum Amount
!
! 1) Repair fountain pursuant to items listed in the Technical
! Specifications $ (1)
a) additional cast to replace pump motors $ (2)
• c) additional cost to replace entire control panel $ (3)
•
• TOTAL BID PRICE- FOR SCHEDULE A = Totals 1 + 2 + 3
For the lump sum of
!
• (Price in figures)
•
• (Price in words) �.
•
• Name of Bidder r
! DETAILED DESCRIPTION OF PROPOSED REPAIR WORK:
•
•
!
•
!
•
•
• RAINMAKER FOUNTAIN REPAIRS BID FORMS
CITY PROJECT NO. 06-02 PAGE 2
! JUNE 24, 2008
•
•
•
•
•
• INFORMATION REQUIRED OF BIDDER
• LIST OF SUBCONTRACTORS
•
As required under Section 4100, et seq., of the Public Contract Code, the Bidder shall list below the
name and business address of each subcontractor who will perform Work under this Bid in excess of
• one-half of one percent of the Contractor's Total Bid Price, or $10,000.00, whichever is greater, and
shall also list the portion of the Work which will be done by such subcontractor. After the opening of
• Bids, no changes or substitutions will be allowed except as otherwise provided by law. The listing of
• more than one subcontractor for each item of Work to be performed with the wards "and/or" will not
• be permitted. Failure to comply with this requirement will render the Bid as non-responsive and may
cause its rejection.
•
Contractor's Percent
• License of Total
• Work to be Performed Number Contract Subcontractor's Name & Address
•
• 1.
•
•
• 2.
•
• 3.
•
•
• 4.
•
•
• S.
•
• 6_
•
•
• 7.
•
•
•
•
•
•
• RAINMAKER FOUNTAIN REPAIRS LIST OF SUBCONTRACTORS
CITY PROJECT NO. 08-02 BID FORMS-PAGE 3
• JUNE 24,2008
•
•
•
•
•
• NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND
• SUBMITTED WITH BID
•
• State of California )
• ) ss.
• 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
• i.n 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
•
•
•
•
•
•
•
•
•
• RAINMAKER FOUNTAIN REPAIRS NON-COLLUSION AFFIDAVIT
CITY PROJECT NO.08-02 BID FORMS-PAGE 4
• JUNE 24, 2008
•
•
•
•
•
• BID BOND
• KNOW ALL MEN BY THESE PRESENTS,
•
• That as Contractor, and
• as Surety, are
• held and firmly bound unto the City of Palm Springs, hereinafter called the "City" in the sum of:
• dollars
• (not less than 10 percent of the total amount of the bid)
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 submitted a Bid to said City to perform the Work required under the
• Bid Schedule(s) of the City's Contract Documents entitled:
• RAINMAKER FOUNTAIN REPAIRS
• CITY PROJECT NO. 08-02
• NOW THEREFORE, if said Contractor is awarded a Contract by said City, and within the time and in
• the manner required in the "Notice Inviting Bids" and the "Instructions to Bidders" enters into a
• written Agreement on the form of Agreement bound with said Contract Documents, furnishes the
required Certificates of Insurance, and furnishes the required Performance Bond and Payment Bond,
• then this obligation shall be null and void, otherwise it shall remain in full force and effect. In the
• event suit is brought upon this Bond by said City, and City prevails, said Surety shall pay all casts
• incurred by said City in such suit, including a reasonable attorney's fee to be fixed by the court.
• SIGNED AND SEALED, this day of , 2008.
• CONTRACTOR:
• SUREFY:
• (Check one:_individual,,partnership,
—corporation)
• By
•
• slgnaxure By
• (NOTARIZED)
• Print Name and Title: Title
• (SEAL AND NOTARIAL ACKNOWLEDGMENT
OF SURETY)
•
• By
• sgna[ura
• (NOTARIZED)
• Print Name and Title:
•
• (Corporadons requite two signatures;one!rom Cuch of the following
groups:A.Chairman of board,President,or any Vice President;AND
• B.secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or
Chief Financial Office,).
• RAINMAKER FOUNTAIN REPAIRS BID BOND OR SECURITY
• CITY PROJECT NO.08.02 BID FORMS-PAGE 5
JUNE 24, 2008
•
•
•
•
•
• BIDDER'S GENERAL INFORMATION
•
• The Bidder shall furnish the fallowing information. Failure to complete all Items will cause the Bid to
• be non-responsive and may cause its rejection.
•
• 1- BIDDER/CONTRACTOR'S Name and Street Address:
•
•
2. CONTRACTOR'S Telephone Number: ( )
• Facsimile Number: ( )
•
• 3. CONTRACTOR'S License: Primary Classification
• State License Number(s)
• Supplemental License Classifications
•
• 4. Surety Company and Agent who will provide the required Bonds on this Contract:
• Name of Surety
• Address
•
•
• Surety Company
• Telephone Numbers: Agent ( ) Surety ( )
•
• 5. 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:
•
•
•
•
•
•
•
•
. RAINMAKER FOUNTAIN REPAIRS BIDDER'S GENERAL INFORMATION
CITY PROJECT NO. 08.02 BID FORMS-PAGE 6
• JUNE 24, 2008
•
•
•
•
•
•
•
• BIDDER'S GENERAL INFORMATION (Continued)
•
• 8. Number of 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
• Contact Person Telephone number
• b. Owner Address
• Contact Class of work
• Phone Contract Amount
• Project Date Completed
• Contact Person Telephone number
• c. Owner Address
• Contact Class of Work
• Phone Contract Amount
• Project Date Completed
• Contact Person Telephone number
• 10. List the name and title of the person who will supervise full-time the proposed work for your
• firm:
•
• 11. Is full-time supervisor an employee 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 Engineer.
•
•
•
•
•
•
•
• RAINMAKER FOUNTAIN REPAIRS BIDDER'S GENERAL INFORMATION
CITY PROJECT NO-0"2 BID FORMS-PAGE 7
• JUNE 24, 2008
•
•
•
•
•
•
• AGREEMENT
•
THIS AGREEMENT made this day of in the year 200 ,Iby 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 Schedule(s) of the City's Contract Documents
entitled:
•
• RAINMAKER FOUNTAIN REPAIRS
CITY PROJECT NO.08.02
• The Work is generally described as follows:
THE WORK COMPRISES OF REPAIRS TO THE RAINMAKER FOUNTAIN COMPLETE AND IN PLACE SUCH THAT IT IS
OPERATIONAL AS SPECIFIED HEREIN, INCLUDING REPLACEMENTOF ALL NON-FUNCTIONING EQUIPMENT AND CONTROLS,
. INSTALLATION OF DRAINS AND REPAIR AND/OR REPLACEMENT OF THE CONTROL PANEL.
•
• ARTICLE 2-COMMENCEMENT AND COMPLETION
• The Work to be performed under this Contract shall commence on the data 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 lass 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 $576 for each calendar day that expires after the time specified in Article 2, herein.
•
. 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 Contract Price(s) named in the Contractor's Bid and Bid Schedule(s).
• ARTICLE 4-THE CONTRACT DOCUMENTS
•
• The Contract Documents consist of: Notice Inviting Bids, Instructions to Bidders, the accepted Bid and Bid Schedule, the
Schedule of Values, List of Subcontractors, Non-Collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond,this
• Agreement, Worker's Compensation Certificate, Performance Bond, 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 an 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 City as provided in the
• General Conditions.
. RAINMAKER FOUNTAIN REPAIRS AGREEMENT FORM
CITY PROJECT NO.08-02 AGREEMENT&BONDS-PAGE 1
• JUNE 24, 2008
•
•
•
•
•
• ARTICLE G-NOTICES
•
• 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 1 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 City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party
hereto, its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations
• Contained in the Contract Documents.
• IN WITNESS WHEREOF,the City and the Contractor have caused this Agreement to be executed the day and year first above
written.
•
• ATTEST: CITY OF PALM SPRINGS, CAL15ORNIA APPROVED BY THE CITY COUNCIL:
•
• EY Date
• City Clerk
• Agreement No
• APPROVED AS TO FORM:
• By —_.
City Attorney
•
• Date
• CONTENTS APPROVED:
•
• By
• City Engineer
• Date
• 8y _
• City Manager
• Date
•
•
•
•
•
• RAINMAKER FOUNTAIN REPAIRS AGREEMENT FORM
CITY PROJECT NO.08-02 AGREEMENT&BONDS-PAGE 2
• JUNE 24, 2008
•
•
•
•
•
•
• CONTRACTOR:Check one:Y Individual _Partnership Corporation
• Corporations require two notarized signatures: One from each of the following: A. Chairman of Board, President, or any Vice
President AND 8. Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.
•
•
By: By:
• Signature(notarized) Signature(notarized)
•
• Name: Name:
• Title: Title:
• Address: Address:
•
•
• State of } State ofY}
• County of as County of }a$
• On before me, On before me,
• Personally appeared Personally appeared
. personally known to me (or proved to me on the basis personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose of satisfactory evidence) to be the person(s) whose
• name(s) is/are subscribed to the within instrument and name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the acknowledged to me that he/she/they executed the
• same in his/her/their authorized capacity(ies), and that same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s), or the entity upon behalf of which the
• person(s)acted, executed the instrument. person(s)acted, executed the instrument.
WITNESS my hand and official seal. WITNESS my hand and official seal.
• Notary Notary
Signature: Signature:
•
•
. Notary Seal: Notary Seal:
•
•
•
•
•
•
•
•
•
•
•
• RAINMAKER FOUNTAIN REPAIRS AGREEMENT FORM
CITY PROJECT NO.08-02 AGREEMENT&BONDS•PAGE 3
. JUNE 24, 2008
•
•
•
•
•
• WORKER'S COMPENSATION CERTIFICATE
• (AS REQUIRED BY SECTION 1861
• OF THE CALIFORNIA LABOR CODE)
• 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 of that code, and I will comply with
• such provisions before commencing the performance of the work of this contract.
• Contractor:
•
• By:
•
• Title:
•
•
•
•
•
i
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
. RAINMAKER FOUNTAIN REPAIRS WORKER'S COMPENSATION CERTIFICATE
CITY PROJECT NO- 08-02 AGREEMENT&BONDS•PAGE 4
• JUNE 24, 2008
•
•
•
•
•
i PAYMENT BOND
• KNOW ALL MEN BY THESE PRESENTS,
• That as Contractor,
• And as Surety,
• are held firmly bound unto the City of Palm Springs, a charter city, 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, axeoutprs, administrators, successors,
• and assigns,jointly and severally, firmly by these presents.
iWHEREAS, said Contractor has been awarded and is about to enter into the annexed agreement with said City to perform the
• Work as specified or indicated in the Contract Documents entitled:
• RAINMAKER FOUNTAIN REPAIR
CITY PROJECT NO.08-02
• NOW THEREFORE, if said Contractor, 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
i Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the
Unemployment Insurance 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
. corporations so furnishing said materials, provisions, equipment, or other supplies, appliances, or power used in, upon, for, or
about performance of the Work contracted to be executed or performed, or any person, company, or corporation renting or
ihiring 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 therefor, 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 forth, and also will pay, in case
• suit is brought upon this bond, a reasonable attorney's fee as shall be fixed by the Court. This Band 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 1200=
•
•
i
•
•
•
i
•
•
•
i RAINMAKER FOUNTAIN REPAIRS PAYMENT BOND
CITY PROJECT NO.08-02 AGREEMENT AND BONDS -PAGE 5
• JUNE 24, 2008
•
•
•
i
• CONTRACTOR:
•
• (Check one:_individual, _partnership, _corporation)
i By
•
. signature
(NOTARIZED)
• Print Name and Title:
• 8Y
•
• signawra
(NOTARIZED)
. Print Name and Title:
• (Corporations require two aigratureap one from each of She following groups: A. Chairman of Board, President, or any Vice President; AND E.
Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer).
•
SURETY:
•
. BY, —
Title
• (SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY)
•
•
•
•
i
•
•
•
•
•
RAINMAKER FOUNTAIN REPAIRS PAYMENT BOND
• CITY PROJECT NO. 08.02 AGREEMENT AND BONDS- PAGE 8
• JUNE 24, 2008
•
•
•
• CERTIFICATE OF INSURANCE
• THIS CERTIFICATE ISSUED TO THE OWNERIAGENTS LISTED BELOW DESIGNATED BY THE CONTRACT WITH THE INSURED
• NAME AND ADDRESS OF INSURED INSURANCE COMPANIES AFFORDING COVERAGE
COMPANY A
• B
E
• D
• TYPE OF WORK PERFORMED AND LOCATION
N. LIMITS OF LIABILITY IN THOUSANDS(xtDOOI
TYPE OF INSURANCE PO4CY NUMBER
• EACH
•
• COMPREHENSIVE GENERAL DWILY INJURY
LIABILITY 8
Including:
• ❑ EXPLOSION AND COLLAPSE PROPERTY DAMAGE
• ❑ UNDCPGROUND DAMAGE or
❑ PRODOLTINCOMPLEfLD OPERATIONS
• ❑ CONTRACTUAL INSURANCE BODILY INJURY AND
• ❑ BROAD FORM PBDPCATY DAMAGE PROPERTY a a
❑ INDEPENDENT CONTPACTORS DAMAGE COMBINED
• ❑ PERSONAL INJURY
• PERSONAL INJURY
• COMPREHENSIVE AUTOMOBILE BODILY INJURY
LIABILITY EACH PERSON 5
Including: EACH ACCIDENT
• ❑ OWNED PFOPOPIY DAMAGL
• ❑ HIRED or
❑ NON-OWNED BODILY INJURY
• AND PROPFFITY
❑ MOTOR CARRIF,RACT DAMAGE.COMBINED 5
. EXCESS LIABILITY BODILY INJURY
• Including: AND PROFEHTY
❑ EMPLOYER S LIABILITY DAMAGE COMCINED 5
• WORKER'S COMPENSATION STATUTORY
• And
EMPLOYER'S LIABILITY ICACII
Including: CL ACCtDFNT)
• ❑ LONGSHOREMEN SAND
HARBOR WORKERS
• OTHER ADDITIONAL INSURED ENDORSEMENT--CITY OF PALM SPRINGS
• ThL undersigned comficn that he or she is the rpprerpntative of the abevo.namod Insurance comDanios,that no or she has the authority to execute and Issue ihis
• cnrtificxio m Corilficaic Holder,and ucprdingly,dons hereby carilfy on behalf of said insurance con Names that polreius of insurauee listed above have been issued
LO the Insured named above and are In Tome at this time. Notwithstanding any requirument,term,or condition of any contract or other document with respect to
• which this eearfica a may be issued of may Pertain,the insurance afforded by ihr pnhdcs dosenhod horcin is sohlcci to at iha icrmc,rxpccipnc,Tnd conditions of
such politic-. Copies of the F.k,cs shown will br,furmshpd to The Cerilficam Holder upon request.
• This CerMlcate does not amend,extend,or alter the coverage afforded by the polmms listed.
• Cancellation: Should any of the above descnbud policies be cancelled before the expiration dam ihoreaf,the Issuing company will mill 3O day;written notice
to the below-named certificate holder:
• NAME AND ADDRESS OF ADDITIONAL INSURED DATE ISSUED
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. RAINMAKER FOUNTAIN REPAIRS CERTIFICATE OF INSURANCE
CITY PROJECT NO.03-02 AGREEMENT AND BONDS- PAGE 7
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• CITY OF PALM SPRINGS
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• SPECIFICATIONS
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• PART 11 - CONDITIONS OF THE CONTRACT
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• General Conditions of the Contract
• Supplementary General Conditions
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• RAINMAKER FOUNTAIN REPAIRS CONDITIONS OF THE CONTRACT
• CITY PROJECT NO-08-02
JUNE 24,2002 GENERAL CONDITIONS-CONTENTS
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• GENERAL CONDITIONS OF THE CONTRACT
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• No, Article page
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• 1 Definitions 1
• 2 Preliminary Matters 5
3 Contract Documents: Intent,
• Amending, and Reuse 7
4 Availability of Lands; Subsurface
• and Physical Conditions;
Reference Points 9
• 5 Bonds and Insurance 12
• 6 The Contractor's Responsibilities 16
• 7 Other Work 20
• 8 The City's Responsibilities 21
9 The Engineer's Status During Construction 21
• 10 Changes in the Work 23
• 11 Change of Contract Price 25
• 12 Change of Contract Time 29
• 13 Warranty and Guarantee; Tests and
Inspections; Correction, Removal,
• or Acceptance of Defective Work 30
14 Payments to the Contractor
• and Completion 33
• 15 Suspension of the Work
and Termination 39
• 16 Dispute Resolution 41
• 17 Miscellaneous 41
• 18 California State Requirements 42
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• RAINMAKER FOUNTAIN REPAIRS CONDITIONS OF THE CONTRACT
• CITY PROJECT NO,08.02 JUNE;4,y00 GENERAL CONDITIONS-CONTENTS
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GENERAL. CONDITIONS OF THE CONTRACT
ARTICLE 7 -DEFINITIONS
Wherever used in these General Conditions or in the other Contract Documents the following terms have the
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 CITY 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.
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. Architect - Reference in these documents to Architect shall be deemed to mean the City Engineer 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.
i 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.
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• Bidding Documents - The Notice Inviting Bids, Instructions to Bidders, the Bid Farm and the accompanying Bid
Schedules or Bid Sheets, List of Subcontractors, Non-Collusion Affidavit, Bidder's General Information, Bid
• Security or Bond, 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, Bid
. Security or Bond, Affirmative Action Program-
Bonds - Bid, Performance, and Payment bonds and other security instruments which protect the CITY against
• financial loss due to inability or refusal of the CONTRACTOR to perform its Contract.
Change Order- A document recommended by the ENGINEER which is signed by the CONTRACTOR and the CITY
• 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.
CITY - The CITY of Palm Springs, a charter city organized and existing in the County of Riverside, State of
• California, sometimes referred to as the CITY or the OWNER-
Completion - Completion of the Work shall be the date of such acceptance of the Work by the CITY, as provided
• under California Civil Code Section 3086.
• Consultant - The ENGINEER, ARCHITECT, or ARCHITECT-ENGINEER firm and their designated representatives
• acting under contract to the CITY, acting on behalf of the CITY of Palm Springs as their authorized representative
i within the scope of authority defined in their contract with the CITY
• 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
• RAINMAKER r•OONTAIN REPAIRS CONDITIONS OF THE CONTRACT
CITY PROJECT NO.06-02
JUNE 24,200S GENERAL CONDITIONS-PAGE 1
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wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid •
Schedule, List of Subcontractors, Non-collusion Affidavit, Bidder's General Information, Bid Security or Bid Bond,
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 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 Field •
Orders and ENGINEER's written interpretations and clarifications issued pursuant to Article 3.4 and paragraphs •
3.4b.1 and 3.4b.3 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 4.2a.1 and 4.2b.2 •
are NOT Contract Documents. •
Contract Price - The moneys payable by CITY to CONTRACTOR for completion of the Work in accordance with •
the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 14.11 b in the case of
Unit Price 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 •
ENGINEER's written recommendation of final payment in accordance with Article 11 and paragraph 14.11 b. •
Contract Unit Price - The price quoted by the Bidder for performing or furnishing each item of work to be paid for •
on the basis of unit prices. •
CONTRACTOR-The person, firm, or corporation with whom the CITY 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 CITY's, the •
ENGINEER's, or the Consultant's Project Representative shall be the only 2 individuals who shall have the
authority to provide direction/receive authorization on matters pertaining to the Project. •
Cost of Work-The term Cost of Work (determined as provided in Articles 11.2, 11.3 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 CONTRACTOR's fee for overhead and profit (determined as
provided in Article 11.2, 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 retard of daily costs separate and •
distinct from the daily costs of other work on the project for which a contract price has been established. .
Defective Work - An adjective, which when modifying the ward Work, refers to Work that is unsatisfactory, •
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 CITY at the time of Substantial Completion in accordance with Article 14.7 or
14.8). •
Drawings/Contract Drawings - The drowings,'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 l 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 CIITY.
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RAINMAKER FOUNTAIN REPAIRS CONDITIONS OF THE CONTRACT •
CITY PROJECT NO.09-02 GENERAL CONDITIONS-PAGE 2 •
JUNE 24,2008
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• ENGINEER - The ENGINEER shall mean the City Engineer of the City of Palm Springs or his authorized
• representative.
. 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 Schedule(s). On
• lump-sum 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 specified retainago, authorized after
completion and acceptance of the Work by the CITY in accordance with the provisions of California Civil Code
• Section 3086(c). Release of retainage cannot be made until 30 to 4.5 days after acceptance of the Work and
recording of a Notice of Completion by the CITY.
• General Requirements- Sections of Division 1 of the Technical Specifications-
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• Hazardous Waste - The term Hazardous Waste shall have the meaning provided in Section 25117 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 CITY for each and every day that the Work remains incomplete following the date of Completion specified in
• the Contract Documents.
• liens — Mechanic's 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 CITY to the apparent successful bidder stating that upon compliance
with the conditions precedent enumerated therein, within the time specified, the CITY will enter into an
• Agreement. A Notice of Award will only be issued after CITY Council Approval.
• Notice of Completion -The legal document filed by the CITY with the Riverside County Clerk after the project has
• been accepted by the CITY of Palm Springs CITY Council. 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 CITY .
• Notice to Proceed - A written notice issued by the CITY 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 Contract 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 CITY, with whom the
• CONTRACTOR has entered into the Agreement and for whom the Work is to be provided.
• Partial Utilization - Use by the CITY 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 Partial
• 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 California 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.
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• Project Representative - The person named in the Supplementary General Conditions as the authorized
representative of the CITY, or the ENGINEER, or the Consultant who may be assigned to the site or any part
. thereof. All liaison between the CONTRACTOR and the CITY shall be directed through the Project Representative.
RAINMAKER FOUNTAIN REPAIRS CONDITIONS OF THE CONTRACT
• CITY PROJECT NO.08-02 GENERAL CONDITIONS-PAGE 3
JUNE 24,2008
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Radioactive Material - Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 •
(42 USC Section 2011 et seq.) as amended from time to time-
Resident Project Representative/Project 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 facilitate
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 Forms, Agreement, bonds, and certificates; Part II: General and Supplementary General
Conditions of the Contract; and Part III: Technical Specifications consisting of the written technical descriptions 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 •
Supplementary 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 ENGINEER's definitive recommendation to the CITY 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, Revised Fourth Edition, West Publishing Company.
Supplementary General Conditions - The part of the Contract Documents which 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 contract 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 Specifications defined herein.
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Underground Facilities - All pipelines, 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: electricity, water, sewage and drainage removal, •
gases, steam, liquid petroleum products, 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 placed. In case of conflict or error between the unit price and the extended product, the •
unit price shall prevail and the extension corrected.
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• Work - The entire completed construction or the various separately identifiable parts thereof required 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 documents, all as required by the Contract Documents-
Work Change Directive - A written directive to the CONTRACTOR, issued on or after the Effective Date of the
Agreement and signed by the CITY and recommended by the ENGINEER, ordering immediate commencement of
. work on 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.
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• ARTICLE 2-- PRELIMINARY MATTERS
• 2.1 Delivery of Bonds:
• When the CONTRACTOR delivers the executed Agreements to the CITY, the CONTRACTOR shall also deliver to
. the CITY such Bonds and insurance policies or certificates as the CONTRACTOR may be required to furnish in
accordance with Article 5.1.
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• 2.2 Copies of Documents:
• The CITY shall furnish to the CONTRACTOR up to 5 copies (unless otherwise specified 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:
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The Contract Times shall commence to run on the day indicated in the Notice to Proceed or, if no Notice to
• Proceed is issued, on the thirtieth day after the Effective Date of the Agreement-
• 2.4 Starting the Project:
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• 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 date 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:
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• a. Before undertaking each part of the Work, the CONTRACTOR shall Carefully review the Contract Documents
and check all applicable field measurements. The CONTRACTOR shall promptly report in writing to the ENGINEER
• any conflict, error, ambiguity, 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 CITY 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,
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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:
• 1. A preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing
• the Work;
• 2. A preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the
• times for submitting, reviewing and processing such submittal;
• 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 sufficient
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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.
e. Within 15 calendar days after receipt of Agreement forms from the CITY, the CONTRACTOR shall deliver to •
the CITY, certificates of insurance (and other evidence of insurance which the CITY 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 5.5. •
2.7 Preconstruction 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.
2.8 Initially Acceptable Schedules: •
Unless otherwise provided in the Contract Documents, at least 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 therefor. The CONTRACTOR's schedule of Shop Drawing 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. •
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ARTICLE 3 —CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE •
3.1 Contract Documents: •
The Contract Documents comprise the entire agreement between the CITY 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 the Project. •
2.2 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 wards or phrases •
which have a well-known technical or construction industry or trade meaning are used to describe Work, •
materials, or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifications
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 Specifications of Technical Societies, Reporting and Resolving Discrepancies: •
a. Reference to standards, specifications,I 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 Work, CONTRACTOR discovers any conflict, error, ambiguity, or •
discrepancy within the Contract Documents, or between the Contract Documents and any provision of any such •
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• Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual, or
• code or of any instruction of any Supplier, the CONTRACTOR 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 6.1 Oe) until an amendment or supplement to the Contract 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 CITY 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).
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• d. No provision of any such standard, specification, manual, code, or instruction shall be effective to change the
duties and responsibilities of the CITY, 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 CITY, the ENGINEER or any of the ENGINEER's 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 allowed," "as
• approved," or terms 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, 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 whale 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 duty 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:
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• 1. By formal Written Amendment,
• 2. By Change Order, (pursuant to paragraph 10.1 d), or
• 3. By Work Change Directive. (pursuant to paragraph 10.1a).
• 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:
• 1. By Feld Order(pursuant to Article 9.5),
• 2. By the ENGINEER's approval of a Shop Drawing or Sample (pursuant to Article 6.12, or
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• 3. By the ENGINEER's written interpretation or clarification (pursuant to Article 9.4).
. 3,5 Order of Precedence of Contract Documents:
. RAINMAKER FOUNTAIN REPAIRS CONDITIONS OF THE CONTRACT
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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' •
1. Change Orders or Work Change Directives •
2. Agreement •
3. Addenda
4. CONTRACTOR's Bid (Bid Forms) •
5. Supplementary General Conditions •
6. Notice Inviting Bids
7. Instructions to Bidders •
S. 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: •
•
1. Figures govern over scaled dimensions
2. Detail drawings govern over general drawings •
3. Addenda or Change Order drawings govern over Contract Drawings .
4. Contract Drawings govern over standard drawings •
5. Contract drawings govern over shop drawings
3.6 Reuse of Documents: •
The CONTRACTOR and any Subcontractor or Supplier or other person or organization performing or furnishing any •
of the Work under a direct or indirect contract with the CITY, (i), shall not have or acquire any title to or •
ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by •
or bearing the seal of the ENGINEER or the ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings,
Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of the ENGINEER or •
the ENGINEER's Consultant, and (ii), 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 CITY and the ENGINEER •
and specific written verification or adoption by the ENGINEER. •
•
ARTICLE 4 --AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS .
4.1 Availability of Lands: •
The CITY 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 CITY 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 CITY nor the ENGINEER shall be liable for •
any claims or damages resulting from the CONTRACTOR's 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: •
1. 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
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CITY PROJECT NO,08.02 GENERAL CONDITIONS-PAGE 8 •
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/ 2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface
. structures at or contiguous to 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 specified "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 CITY, the ENGINEER, nor
any of the ENGINEER'S Consultants with respect to:
1. 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 CONTRACTOR's interpretation of or conclusion drawn from any "technical data" or any such data,
. 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 Conditions:
•
• a. If the CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is
uncovered or revealed either:
• 1. 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 CITY and the ENGINEER in writing about
• such condition. 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:
1. The CONTRACTOR knew of the existence of such conditions at the time The CONTRACTOR made a final
commitment to the CITY 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, investigation, exploration, test or study of the site and contiguous areas required by the
• Bidding Requirements or Contract Documents to be conducted by or for the CONTRACTOR prior to the
/ CONTRACTOR's making such final commitment; or
/ 3. The CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.3b.
• e. If the CITY and the CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any
• such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in
/ Articles 11 and 12- However, the CITY, the ENGINEER and the ENGINEER's Consultants shall not be liable to the
CONTRACTOR for any claims, casts, losses or damages sustained by the CONTRACTOR on or in connection with
/ any other project or anticipated project.
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f. The CONTRACTOR's 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 nature. •
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 of the 'Technical specifications, the CONTRACTOR shall furnish all Other
lines, grades, and bench marks 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 CITY. 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
professionally qualified personnel, •
4.5 Hazardous Waste •
a, As provided in Article 18-17, herein, in any public works contract of the CITY which involves digging of •
trenches or other excavations 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 I, Class II, 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 for, 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 i between the public entity and the CONTRACTOR whether the •
conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the CONTRACTOR's •
cost of, Or the time required) for, performance of any part of the WORK, the CONTRACTOR shall not be excused •
from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed
under the Contract. The CONTRACTOR shall retain any and all rights provided either by Contract or by law which •
pertain to the resolution of disputes and protests between the contracting parties. •
4.6 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material: •
a. The CITY 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 to be within the scope of the Work and which may present a substantial danger to
persons or property exposed thereto in connection with the Work at the site.The CITY 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 shaill immediately: (i) '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 CITY and •
the ENGINEER (and thereafter confirm such notice in writing). The CITY shall promptly consult with the ENGINEER •
concerning the necessity for the CITY 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 •
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• hazardous condition or in any such affected area until after the CITY 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 CITY 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 therefor as provided in Articles 11 and 12.
• c. If after receipt of such special written notice the CONTRACTOR does not agree to resume such Work based
• on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then the
CITY may order such portion of the Work that is in connection with such hazardous condition or in such affected
• area to be deleted from the Work. If the CITY 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 pally may make a claim therefor as provided in Articles 11 and 12. The CITY may have
• such deleted portion of the Work performed by the CITY's own forces or others in accordance with Article 7.
• d. To the fullest extent permitted by Laws and Regulations, the CITY shall indemnify and hold harmless the
• CONTRACTOR, its Subcontractors, the ENGINEER, the ENGINEER's Consultants, and the officers, directors,
employees, agents, other consultants and subcontractors of each and any of them from and against all claims,
• costs, losses and damages arising out of or resulting from such hazardous condition, provided that: (i) any such
. claim, cast, lass or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction
of tangible property (other than the Work itself), including the loss of use resulting therefrom, and Ili) nothing in
. this paragraph 4.6d shall obligate the CITY to indemnify any person Or entity from and against the consequences
of that person'S or entity's awn 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 Performance, Payment, and Other Bonds:
•
• a. upon receiving a Notice of Award, the CONTRACTOR shall furnish Performance and Payment Bonds, each in
the amount set forth in the Supplementary General Conditions as security for the faithful performance and
• payment of all the CONTRACTOR's obligations under the Contract Documents. If required under the
• Supplementary General Conditions, 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 Performance 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 as
• otherwise provided by Law or Regulation or by the Contract Documents; provided, that after the date of
• Substantial Completion/Notice of Completion, as applicable, the amount of said Performance Band, at the
discretion of the CITY, may be reduced to the amount set forth in the Supplementary General Conditions. The
• premiums upon all such bands shall be paid by the CONTRACTOR.
• b. If the surety on any Band 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 5.1, the CONTRACTOR shall within 7 days thereafter substitute another Bond and surety,
• both of which must be acceptable to the CITY.
• 5.2.Licensed Sureties and Insurers; Certificates of Insurance:
a. All Bands and insurance required by the Contract Documents to be purchased and maintained by the CITY 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 additional requirements and qualifications as
• may be provided in the Supplementary General Conditions, or required by law, whichever is greater, and shall
. endorse the CITY, the ENGINEER, and the CITY'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/Notice
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of Completion, as applicable, pursuant to acceptance of the WORK by the CITY, 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 CITY with certificates showing the type, amount, class of operations .
covered, effective dates and dates of expiration of policies for each of the following listed insurance coverages. In •
addition, each party 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, or renewal refused •
until at least 30 days' prior written notice has been given to the CITY by Certified Mail. All such insurance shall
remain in effect until the date of Substantial Completion and at all times thereafter when the CONTRACTOR may •
be correcting, removing, or ireplacing 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 CITY, the •
ENGINEER, the CITY's Consultants for the project and their officers, agents, and employees as "additional .
insureds" under the policies:
1. Worker's This insurance shall protect the CONTRACTOR, the
CITY, the ENGINEER, and the CITY's Consultants for the project against all claims under applicable state
Worker's Compensation laws. The CONTRACTOR shall also be protected against claims for injury, .
disease, or death of employees which, 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 latter's employees •
to be engaged in such work unlessi 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 Worker's 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 Liability,: This insurance shall be written in comprehensive farm and shall protect •
the CONTRACTOR, the CITY, the ENGINEER, and the CITY's Consultants for the project against all .
claims arising from injuries to persons other than its employees or damage to the property of the CITY or
others arising out of any act Or Omission Of the CONTRACTOR or its agents, employees, or •
subcontractors, whether 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 claims: 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 CONTRACTOR's work, or work under its direction, may •
require blasting, explosive conditions, or underground operations, the comprehensive general liability
coverage shall comain no exclusions,relative to blasting, explosion, collapse of buildings, or damage to •
- underground structures. •
3. Comprehensive Au,Wmnbile Liability: This insurance shall be written in comprehensive form and shall .
protect the CONTRACTOR and the CITY and the ENGINEER against all claims for injuries to members of
the public and damage to property ofl others arising from the use of motor vehicles. Said insurance shall •
cover the operation onsite or offsite,of all motor vehicles licensed for highway use whether they are .
owned, non-owned, or hired.
A. Sub99n ractor's Public Liability and 'Property Damage Insuranc d Vehicle Liailit Ins rante: The
CONTRACTOR shall either require each of its sub-contractors to procure and to maintain Subcontractor's
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 CONTRACTOR's awn policy in like amount. •
5. Builder's Risk: This insurance shall Ibe of the "all risk" type, and unless otherwise specified in the
Supplementary General Conditions, shall be written in completed value form, and shall protect the •
CONTRACTOR, the CITY, the ENGINEER, and the CITY's 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, Builder's Risk insurance shall provide for losses •
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• to be payable to the CONTRACTOR, the CITY, the ENGINEER, and the CITY's Consultants as their
• interests may appear. The policy shall contain a provision that in the event of payment for any loss under
the coverage provided, the insurance company shall have no rights Of recovery against the
• CONTRACTOR, the CITY, the ENGINEER, and the CITY's Consultants. The Builder's Risk policy shall
• insure against all risks of direct physical loss 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
• CITY prior to execution of the Agreement. Specific language of the policy shall be subject to approval of the CITY.
• 5.3 Policy Requirements:
• 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 Best's Financial Rating of VII or better, and (3) with
companies with a Best's General Policy Policyholders Rating of not less than A, except that in case of Worker's
• Compensation Insurance, participation in the State Fund, where applicable, is acceptable.
• b. Insurance policies required hereunder which are required to have the CITY, the ENGINEER, and the CITY's
• 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 insurance, (2) include a waiver of
subrogation against the CITY, its 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, falsework 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 52, the CITY, at the
• CITY's option, may purchase and maintain at the CITY's expense the CITY's own liability insurance as will protect
• the CITY against claims which may arise from operations under the Contract Documents.
. 5.5 Property Insurance:
• The CITY 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 purchaser's awn
expense.
5.6 Waiver of Rights:
• a. The CITY and the CONTRACTOR intend that all policies purchased in accordance with Article 5.5 will protect
the CITY, the CONTRACTOR, Subcontractors, the ENGINEER, the ENGINEER's 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 lasses and damages caused 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 any of the insureds or additional insureds thereunder. The CITY 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 to 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 CITY as trustee or otherwise payable under any policy so issued.
• RAINMAKER FOUNTAIN REPAIRS CONDITIONS OF THE CONTRACT
• JUTE PROJECT No.08•02 JuNe za,zooe GENERAL CONDITIONS-PAGE 13
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b. In addition, the CITY waives all rights against the CONTRACTOR, Subcontractors, the ENGINEER, the
ENGINEER's 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 CITY's property or the Work caused by, arising out of or resulting from fire or other
peril, whether or not insured by the CITY; 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 CITY during partial utilization pursuant to Article 14.8, after substantial completion pursuant to .
Article 14.7 or after final payment pursuant to Article 14.11. •
c. Any insurance policy maintained by the CITY covering any loss, damage or consequential lass referred to 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 ENGINEER's Consultants and the officers, directors, employees and agents of any of them. .
5.7 Receipt and Application of Insurance Proceeds .
a: Any insured less under the policies of insurance required by Article 5.5 will be adjusted with the CITY and •
made payable to the CITY 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 CITY shall deposit in a separate account any money
se 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 CITY as fiduciary shall have power to adjust and settle any lass with the insurers unless one of the •
parties in interest shall object in writing within fifteen days after the occurrence of loss to the CITY's exercise of
this power. If such objection be made, the CITY 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 CITY as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any •
party in interest, the CITY as fiduciary shall give bond for the proper performance of such duties.
5.8 Acceptance of Bonds and Insurance; Option to Replace: •
r
If either party (the CITY or the CONTRACTOR) has any objection to the coverage afforded by or other provisions •
of the Bands or insurance required to be purchased and maintained by the other party in accordance with Article 5
on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party
in writing within ten days after receipt of the certificates (or other evidence requested) required by paragraph 2.6c. •
the CITY and the CONTRACTOR shall each provide to the other such additional information in respect of insurance
provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and •
insurance required of such party by the Contract Documents, such party shall notify the other party in writing of
such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the •
required coverage. Without (prejudice to any other right or remedy, the other party may elect to obtain equivalent •
Bands or insurance to protect such other party's interests at the expense of the CONTRACTOR, such insurance in
the name of the CONTRACTOR, or subcontractor, as the CITY may deem proper and may deduct the cost of .
taking out and maintaining such insurance I from any sums which may be found or become due to 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 CITY finds it necessary to occupy or use's 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 14.8; provided that no such •
use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice •
thereof and in writing effected any changes in'coverage necessitated thereby. The insurers providing the property
insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled •
or permitted to lapse on account of any such partial use or occupancy.
•
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• ARTICLE 6 •-THE CONTRACTOR'S RESPONSIBILITIES
• 6.1 Supervision and Superintendence:
! The CONTRACTOR shall supervise, inspect, and direct the WORK competently and efficiently, devoting such
! attention thereto and applying such skills and expertise as may be necessary to perform the WORK in accordance
with the Contract Documents. The CONTRACTOR shall be solely responsible for the means, methods, techniques,
! sequences, and procedures Of construction, but the CONTRACTOR 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 contract documents. The
! CONTRACTOR shall be responsible to see that the completed WORK complies accurately with the Contract
! Documents.
! 6.2 Labor, Materials , and Equipment:
! 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 performance of Work on Saturday, Sunday, or any legal
• holiday without the CITY'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 CITY
any additional cost incurred by the CITY as a result of such work-
b. Unless otherwise specified 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 the provisions of the
specifications, as it may be adjusted from time to time as provided in the Contract Documents.
! 6.4 Concerning Subcontractors, Suppliers, and Others:
. a. The CONTRACTOR shall be fully responsible to the CITY 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 awn employees. Nothing contained in this Article shall create any contractual relationship
• between the CITY 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 CITY 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 awn acts and omissions.
! c. The CONTRACTOR 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 which specifically binds the
Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of the
. CITY and the ENGINEER.
! 6.5 Permits, License Pees,and Royalties:
! RAINMAKER FOUNTAIN REPAIRS CONDITIONS OF THE CONTRACT
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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 jurisdiction, 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 additional compensation. The CITY 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, on the Effective 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 any invention, 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 CITY from and against all claims, damages, losses, •
and expenses (including attorney's 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, product, or device not specified in the Contract .
Documents for use in the performance of the Work and if to the actual knowledge of the CITY 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 CITY, and shall defend all such claims in connection with any
alleged infringement of such rights.
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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.
•
6.7 Laws and Regulations-
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a. The CONTRACTOR 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 l otherwise expressly required by applicable Laws and Regulations,
neither the CITY 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, costs, losses and damages caused by, arising out of or .
resulting therefrom. •
6.8 Taxes: I •
The CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by the •
CONTRACTOR in accordance with the Laws�and Regulations of the place of the Project which are applicable •
during the performance of the WORK.
•
6.9 Use of Promises:
The CONTRACTOR shall confine construction equipment, 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-of-way, permits and •
easements. The, and shall not unreasonably encumber the premises with construction equipment or other .
materials or equipment. the CONTRACTOR shall assume full responsibility for any damage to any such land or
area, or to the owner or occupant thereof or of any adjacent land or areas contiguous thereto, resulting from the •
performance of the WORK. Should any claim be made against the CITY by any such owner or occupant because
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• of the performance of the WORK, the CONTRACTOR shall promptly attempt to settle with such other party 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
• CITY harmless the CITY, 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
• architects, engineers, 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
equitable, brought by any such owner or occupant against the CITY, or other party against the CITY to the extent
. based on a claim arising out of such owner or occupant against the CITY, the ENGINEER, or any other party
. indemnified hereunder to the extent caused by or based upon the CONTRACTOR's performance of the WORK.
• 6.10 Safety and Protection:
• a. During the progress of the Work, the CONTRACTOR 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 CITY 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 part of any structure to be loaded in any manner that will
• endanger the structure, nor 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 CONTRACTOR shall take all necessary precautions for the safety of,
• and shall provide the necessary protection to prevent damage, Injury, or loss-
Of. Tho 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 to protect them from damage, injury
• or loss; and shall erect and maintain all necessary safeguards for such safety and 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 any 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
• CITY 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 such time as all the Work is completed and the ENGINEER has issued a notice to
the CITY 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 the CITY instruction or
authorization from the CITY 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 to 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 0-3) in good order and annotated to show all changes made during
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construction. These record documents together with all approved Samples and a counterpart of all approved Shop i
Drawings shall be available to the ENGINEER for reference. Upon completion of the Work, these retard •
documents, Samples, and Shop Drawings shall be delivered to the ENGINEER for the CITY.
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6.12 Shop Drawings and Samples:
a. After checking and verifying all field measurements and after complying with applicable procedures specified i
in the General Requirements of the Technical Specifications, the CONTRACTOR shall submit Shop Drawings to i
the ENGINEER for review.
b. The CONTRACTOR shall also have reviewed or and coordinated each shop drawing Shop Drawing or Sample i
with other shop drawings Shop Drawings and Samples and with the requirements of the WORK and the Contract .
❑ocuments- •
c. The ENGINEER's review and approval of shop drawings or samples shall net relieve The CONTRACTOR from i
responsibility for any variation from the requirements of the Contract Documents unless the CONTRACTOR has in
writing called the ENGINEER's attention to each such variation at the time of submission and the ENGINEER has i
given written acceptance, such notice to be in a written communication separate from the submittal. .
6.13 Continuing the WORK: >.
The CONTRACTOR shall carry on the WORK'and adhere to the construction schedule required to be submitted •
hereunder during all disputes or disagreements with the CITY. No work shall be delayed or postponed pending •
resolution of any disputes or disagreements, except as permitted by Article 15.4 or as the CITY and the
CONTRACTOR may otherwise agree in writing.
6.14 Warranty and Guarantee: •
The CONTRACTOR warrants and guarantees to the CITY, the ENGINEER and the ENGINEER's Consultants that all
Work will be in accordance with the Contract Documents and will not be defective.
6-15 Indemnification •
a. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify and hold
harmless the CITY, the ENGINEER, the ENGINEER's Consultants and the officers, directors, employees, agents,
and other consultants of each and any of them from and against all claims, costs, lasses, and damages defend,
and hold harmless the CITY, the ENGINEER, the CITY'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 CITY or the ENGINEER or the CITY's •
Consultants for the project.
b. The CONTRACTOR shall reimburse the CITY, the ENGINEER, and the CITY's Consultants for the project for all •
costs and expenses,(including but not limited to all fees and charges of engineers, architects, engineers, attorneys,
and other professionals and court costs) incurred by said CITY, the ENGINEER, and the CITY's 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 i
thereof or its right, title, or interest therein, or obligations thereunder, without written consent of the CITY, except
as imposed by law. If the CONTRACTOR violates this provision, the Contract may be terminated at the option of •
the CITY. In such event, the CITY shall be relieved of all liability and obligations to the CONTRACTOR and to its
assignee or transferee, growing out of such termination.
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ARTICLE 7 —OTHER WORK •
7.1 Related Work at Site: •
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• a- The CITY may perform other work related to the Project at the site by the CITY's own forces, have other work
• performed by utility owners, or let other direct contracts therefor 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 not
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 party to such a direct
• contract or the CITY, if the CITY is performing the additional work with the CITY's 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 Documents, 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 CITY), 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 CONTRACTOR's Work. The CONTRACTOR's
• failure to so to report will constitute an acceptance of such other work as fit and proper for integration with the
CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work.
•
• 7.2 Coordination:
• a. If the CITY contracts with others for the performance of other work on the Project at the site, the following
• will be set forth in Supplementary General Conditions:
1. The person, firm or, corporation, 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 CITY nor the ENGINEER shall
have sole authority and responsibility in respect of such coordination-
ARTICLES --CITY'S RESPONSIBILITIES
• 8.1 Except as otherwise provided in these General Conditions, the CITY shall issue all communications to the
• CONTRACTOR through their designated Project Representative.
• 8.2 The CITY shall furnish the data required of the CITY 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 CITY's duties 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 CITY shall identify and make available to the
CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of
• physical conditions in existing structures at or contiguous to the site that have been utilized by the ENGINEER in
• preparing the Contract Documents.
• 8.4 The CITY's responsibility in respect of certain inspections, tests, and approvals is set forth in paragraph
. 13.4b.
8.5 In connection with the CITY's right to stop Work or suspend Work, see Articles 13.6, 15.1, and 15.2. deals
with the CITY's right to terminate services of the CONTRACTOR under certain circumstances.
•
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8.6 The CITY 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 Ithe Work. The CITY will not be responsible for the CONTRACTOR's
failure to perform or furnish the Work in accordance with the Contract Documents. •
8.7 The CITY's responsibility in respect of undisclosed Asbestos, PCSs, 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 •
9-1 The CITY's Representative: •
The ENGINEER will be the CITY'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 CONTRACTOR's 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 Work:
•
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 whole as indicated by the Contract Documents. These •
may be accomplished by a Field Order and will be binding on the CITY 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 t0 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 •
equal" items, etc., in accordance with the procedures set forth in Article 6.12, inclusive, and the General •
Requirements of the Technical Specifications.
9.7 Determinations for Unit Prices: •
•
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 CITY and the •
CONTRACTOR, unless within 10 days after the date of any such decision, either the CITY or the CONTRACTOR
delivers to the other and to the ENGINEER written notice of intention to appeal from the ENGINEER's decision. .
9-8 Decisions on Disputes: •
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• 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 11 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, and/or 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 9.7 or 9.8, the ENGINEER will not show partiality to
• the CITY 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
CITY 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 ENGINEER's 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 ENGINEER 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 terms of like effect or impart 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, or 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 any 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
• CONTRACTOR's 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 any 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.
• 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
• 10.1 General:
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a. Without invalidating the Agreement and without notice to any surety, the CITY 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 Change Directive issued by the ENGINEER or the CITY. Upon
receipt of any such document, CONTRACTOR Ishall promptly proceed with the Work involved- •
b. If the CITY and the CONTRACTOR are unable to agree as to the extent, if 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 therefor as provided in Article 11 or Article 12.
•
e. 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 6.10e •
or in the case of uncovering Work as provided yin paragraph 13.5b.
d. The CITY and the CONTRACTOR shall, except as otherwise provided, execute appropriate Change Orders •
recommended by ENGINEER (or Written Amendments) covering:
•
1. Changes in the Work which are ordered by the CITY 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 an the Work and adhere to the progress Schedule as provided in Article
6.13. Change Orders or Work Change Directives, issued in accordance with Section 10.1d (1)above are not required
to be executed by the CONTRACTOR unless payment is to be per Section 11-1 c(2)herein.
•
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 CONTRACTOR's responsibility, and the amount of each •
applicable Band 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 Contract Documents, wherever such unit price has been established; provided, that an adjustment •
in the Contract Unit Price may be 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 therefor by more than 25 percent, the work in excess of 125 percent of such estimate and •
not covered by an executed) contract Change Order specifying the compensation to be paid therefor will be paid •
for by adjusting the Contract Unit Price, as hereinafter provided, or at the option of the CITY, payment for the
work involved in such excess will be made on the basis of force account as provided in Article 11. •
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 •
costs applicable to such item of work include fixed costs, such fixed costs shall be deemed to have been
recovered by the CONTRACTOR by the payments made for 125 percent of the ENGINEER's 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 an a force account basis as provided in Article 11, herein, or such adjustment will be as agreed •
to by the CONTRACTOR and the CITY.
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• 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 less than $5,000 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 25 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 ENGINEER's Estimate therefor, 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
• therefor, will be paid for by adjusting the Contract Unit Price as hereinafter provided, or at 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 at 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 manner as if the work were to
• be paid for on a force account basis as provided in Article 11; or such adjustment will be as agreed to by the
• CONTRACTOR and the CITY.
• c. The payment for the total pay quantity of such item of work will in no case exceed the payment which would
be made for the performance of 75 percent of the ENGINEER's Estimate of the quantity for such item at the
• original Contract Unit Price.
• 10.5 Eliminated items on 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 Order 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 date of notification
of such elimination by the ENGINEER, and if orders for such material cannot be canceled, it will be paid for at the
• actual cost to the CONTRACTOR. In such case, the material paid for shall become the property of the CITY and
• the actual cost of any further handling will be paid for by the CITY, 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 CITY to the CONTRACTOR as provided in this Article 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
• 11.
• ARTICLE 11 --CHANGE OF CONTRACT PRICE
• 11A General:
•
a. The Contract Price constitutes the total compensation (subject to CITY-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 delivered 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 claimant is
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entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be
determined by the ENGINEER in accordance with Article 9.7, herein, if the CITY and the CONTRACTOR cannot
otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not
submitted in accordance with this paragraph 11.1 b.
c. The value of any Work covered by a Change Order or Work Change Directive or of any claim for an increase •
or decrease in the Contract Price shall be determined in one of the following ways: .
1. 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 i 11.4, herein.
3. On the basis of the Cost of the Work (determined as provided in Articles 11.2 and 11.3, 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 CITY, such costs shall be in •
amounts no higher than those prevailing in the locality of the Project.
b. Labor: The cast of labor used in performing work by the CONTRACTOR, a subcontractor, or other forces will •
be the sum of the following:
1. 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 11.2b(1), herein, will be added a labor surcharge set forth in •
the California Departmont of Transportation publication entitled Labor Surcharge and Equipment 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 constitute full
compensation for all payments imposed by the State 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 sand 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 cast to the purchaser, whether
CONTRACTOR or subcontractor, from the supplier thereof, except as the following are applicable:
1. Trade discounts available to the purchaser shall be credited to the CITY notwithstanding the fact that •
such discounts may not have been taken by the CONTRACTOR. .
2. For materials secured by other than aldirect 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.
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3. Payment for materials from sources awned wholly or in part 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 she, whichever price is lower. .
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. 4. If in the opinion of the ENGINEER the cast of material is excessive, or the CONTRACTOR does not
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 concerned delivered to the work site less trade discount. The
CITY 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. Equipment: The CONTRACTOR will be paid 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 CITY 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 ENGINEER. The CONTRACTOR may furnish cost data which might assist the ENGINEER
• in the establishment of the rental rate.
• 1. All equipment shall, in the opinion of the ENGINEER, 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 stencil or stamp
an identifying number thereon at a conspicuous location, and shall furnish to the ENGINEER, in duplicate,
. a description of the equipment and its identifying number.
3. Unless otherwise specified, manufacturer's ratings and manufacturer approved modifications shall be
used to classify equipment for the determination of applicable rental rates. Equipment which has no
• direct power unit shall be powered by 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 therefor,
• 5. 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 its original 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.
• 1. 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-
• 5. 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
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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.
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: •
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 performed 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 casts.
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 workiimay be accepted without detailed itemization.
3. All invoices for special services will Abe adjusted by deducting all trade discounts Offered or available,
whether the discounts were taken or�not. In lieu of the allowances for overhead and profit specified in •
Article 11-4, herein, an allowance Of 5 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 •
CONTRACTOR's 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 CITY for review prior to the
performance of any work hereunder, •
11.4 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 shall include full compensation 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 11.2b, c, and d, herein including extended overhead and
Home office overhead. The allowance for overhead and profit will be made in accordance with the following •
schedule: •
ACTUAL OVERHEAD •
NECESSARY AND PROFIT
COST ALLOWANCE •
Labor 24 percent •
Materials 15 percent •
Equipment 15 percent •
b- 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 which includes the allowances for overhead and profit specified herein may be applied •
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• one time only for each separate work transaction. No markup allowance will be made for sub-sub-contractors or
• below.
• 11.5 Records:
• a. The CONTRACTOR shall maintain its records in such a manner as 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, the CONTRACTOR shall furnish the ENGINEER completed Daily Work
• Reports, on forms furnished by the CITY, for each day's work or portion of each day's work to be paid for on 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 equipment rental, whether furnished by the CONTRACTOR, subcontractor, or other
• forces, except for charges described in Article 11.3, "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 vendor's 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 date of delivery of the material or within
15 days after the acceptance of the Contract, whichever occurs first, the CITY 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 11.2c, 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 CITY.
• 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 CITY, 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 reasonable effort to insure that the cost records of such other forces will be open to inspection
and audit by representatives of the CITY on the same terms and conditions as the cast records of the
• CONTRACTOR. If an audit is to be commenced more than 60 days after the acceptance data 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 on written notice delivered 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 extent 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 the claimant'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 adjustment in the Contract Times shall be
• determined by the ENGINEER in accordance with Article 9.8 if the CITY 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 essence of the Agreement-
•
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c. Where the CONTRACTOR is prevented from completing any part of the Work within the Contract Times due •
to delay beyond the control of the CONTRACTOR, the Contract Times (or Milestones) will be extended in an •
amount equal to the time lust due to such delay if a claim is made therefor 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 CITY, acts 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.
•
d, where the CONTRACTOR is prevented from completing any part of the work within the Contract Times due .
to delay beyond the contro]] of both the CITY and the CONTRACTOR, an extension of the Contract Times in an
amount equal to the time lost due to such delay shall be the CONTRACTOR's sole and exclusive remedy for such •
delay. In no event shall the CITY 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 (i) delays caused by or within the control of the CONTRACTOR, or (4) 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 utility 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 to the CITY and the ENGINEER that all work will be in accordance '
with the Contract Documents and will not be defective. Neither the right to inspect, nor 'the presence of
inspectors, the ENGINEER, consultants, or testing agencies hired by the CITY 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,iwhether or not in place.
13.2 Notice of Defects: .
Prompt notice of all defective Work of which the CITY or 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 CITY, the ENGINEER the ENGINEER's Consultants, other representatives and personnel of the CITY 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 CONTRACTOR shall cooperate with •
inspection and testing personnel to facilitate required inspections or tests.
b. The CITY 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. •
•
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• c. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to
. be inspected, tested or approved by an employee or other representative of such public body, the CONTRACTOR
shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in
• connection therewith, and furnish the ENGINEER 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 CITY's and the ENGINEER's acceptance of materials or equipment
• to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to the
CONTRACTOR's 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, if requested by the ENGINEER, be
uncovered for observation.
• e. Uncovering Work as provided in paragraph 13.4d shall be at the CONTRACTOR'S expense unless the
• CONTRACTOR has given the ENGINEER timely notice of the CONTRACTOR's intention to cover the same and the
ENGINEER has not acted with reasonable promptness in response to such notice.
•
• 13.5 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 ENGINEER's observation and replaced at the CONTRACTOR's expense.
•
• b. If 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 ENGINEER's 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 CITY 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 therefor 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 CITY will notify the CONTRACTOR prior to the commencement of any video taping
• and/or photography by the CITY personnel and/or its agents and shall make a reasonable effort to give the
• CONTRACTOR at least 24 hours of its intent to video tape or photograph the project- The CONTRACTOR shall
cooperate with and shall coordinate with CITY personnel or their authorized representatives in its efforts to carry
• out such video taping andlor photography. The CONTRACTOR shall give notice to all employees and
subcontractors of such video taping and/or photography to be out of view of the camera, if requested to do so,
• during video taping and or photographing of the construction project.
13.6 CITY May Stop the WORK:
• If the WORK is defective, or the CONTRACTOR fails to supply sufficient skilled workers or suitable materials or
equipment, or fails to furnish or perform the Work in such a way that the completed WORK will conform to the
. Contract Documents, the CITY, acting independently or through the Project Representative, may order the
CONTRACTOR to stop the WORK, or any portion thereof, until the cause for such order has been eliminated;
• however, this right of the CITY to stop the WORK shall not give rise to any duty on the part of the CITY to
• exorcise 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 correct all defective WORK, whether or not fabricated, installed or completed, or, if
• the WORK has been rejected by the ENGINEER, 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 net limited to all costs of repair or replacement of the
Work of others).
•
• 13.8 Correction Period:
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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 coal to the CITY and in accordance with the CITY's written instructions: 0) correct such •
defective WORK, or, if it has been rejected by the CITY, remove it from the site and replace it with Work that is
not defective, and fill satisfactorily correct or remove and replace any damage to other Work or the work of others .
resulting therefrom. If the CONTRACTOR does not promptly comply with the terms of such instructions, or in an
emergency where delay would cause serious risk of loss or damage, the CITY may have the defective WORK •
corrected or the rejected WORK removed and replaced, and all direct, 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 to all costs of repair or replacement of work of others) will be paid by •
The CONTRACTOR- •
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 therefrom) has been corrected, removed or •
replaced under this Article 13-$, the correction period hereunder with respect to such Work will be extended for •
an additional period of one year after such correction or removal and replacement has been satisfactorily •
completed.
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 CITY (and, prior to the •
ENGINEER's recommendation of final payment, also the ENGINEER) prefers to accept it, the CITY may do so. The
CONTRACTOR shall pay all claims, costs, lasses and damages attributable to the CITY'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 ENGINEER's recommendation of final payment, a
Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the .
WORK; and the CITY 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 CITY may make a claim therefor as provided in Article 11- If the
acceptance Occurs after such recommendation, an appropriate amount will be paid by the CONTRACTOR to the .
CITY,
•
13.10 The CITY May Correct Defective Work., •
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 they Contract Documents, CITY may, after 7 days' written notice to the •
CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this
paragraph the CITY shall proceed expeditiously. In connection with such corrective and remedial action, the CITY .
may exclude the CONTRACTOR from all or part of the site, take possession of all Or part of the Work, and •
suspend the CONTRACTOR's services related thereto, take possession of the CONTRACTOR's tools, appliances,
construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored •
at the site or for which the CITY has paid the CONTRACTOR but which are stored elsewhere. The CONTRACTOR •
shall allow the CITY, the CITY's representatives, agents and employees, the CITY's other contractors and the
ENGINEER and the ENGINEER's Consultants ,access to the site to enable the CITY to exercise the rights and •
remedies under this paragraph- All claims, costs, losses and damages incurred Or sustained by the CITY 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 CITY 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 CITY may make a claim therefor as provided in Article 11. Such Claims, costs, losses and damages •
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• will include but not be limited to all costs of repair or replacement of work of others destroyed or damaged by
• correction,-removal or replacement of the CONTRACTOR's 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 CITY of the CITY's rights and remedies hereunder.
•
• ARTICLE 14 --PAYMENTS TO THE CONTRACTOR AND COMPLETION
• 14.1 Schedule of Values (Lump-Sum Price Breakdown):
• The schedule of values or lump-sum price breakdown established as provided for in the Contract Documents shall
• will 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 data 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 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 CONTRACTOR's Total Earnings
to Date, plus the Value of Materials at the site which have net 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-mentioned sub-total 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 Conditional
Waiver and Release certificates 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 CITY's interest therein, all of
• which must be satisfactory to the CITY.
. 14.4 CONTRACTOR's 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 CITY no later than the time of
final payment free and clear of all Stop Notice claims.
•
• 14.5 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 CITY , or return the Application to the CONTRACTOR indicating in
writing the ENGINEER's 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
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Application for Payment to the CITY with the ENGINEER's recommendation, the amount recommended will •
(subject to the provisions of paragraph 14.5b) become due and when due will be paid by the CITY to the
CONTRACTOR. .
b. The ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a •
representation by the ENGINEER to the CITY, 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 ENGINEER's 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 CONTRACTOR's being entitled to such •
payment appear to have been fulfilled in so far,as it is the ENGINEER's 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 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 WORK, or for any failure of the •
CONTRACTOR to perform oir 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 ENGINEER's
opinion, subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such •
payment previously recommended, to such extent as may be necessary in the ENGINEER's opinion to protect the
CITY from loss because:
•
1. the WORK is defective, or completed WORK has been damaged requiring correction or replacement, .
2. the Contract Price has been reduced b'y Written Amendment or Change Order, .
3. CITY 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 15.2a.5, inclusive. •
e. The CITY may refuse to make payment of the full amount recommended by the ENGINEER because: .
5. claims have been made against the CITY on account of the CONTRACTOR's performance of the WORK •
or Stop Notices than have been filed pursuant to the provisions of Section 3179 et seq. of the California .
Civil Code
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6. Stop Notices have been filed in connection with the WORK, except where the CONTRACTOR has
delivered a Stop Notice Release Bond satisfactory to the CITY to secure the satisfaction and discharge of •
such Liens, •
7. there are other items entitling the CITY to a credit against the amount recommended, as provided in •
paragraph 14.11 c, herein, or .
8. the CITY has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.5d.1 .
through 14.5d.3 or paragraphs 15.2a.2 through 15.2a.5, inclusive; •
f. The CITY 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 CITY and the CONTRACTOR, when the CONTRACTOR corrects to the CITY's •
satisfaction the reasons.
14.6 Beneficial Use or Occupancy and Partial Utilization: .
a. EgMi, Utilization: The CITY shall have the right to utilize or place into service any item of equipment or other •
usable portion of the WORK prior to completion of the WORK. Whenever the CITY plans to exercise said right, the •
CONTRACTOR will be notified in writing by the CITY, identifying the specific portion or portions of the WORK to
be so utilized or otherwise placed into service. •
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• 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 utilization, the CITY will accept responsibility for
• the protection and maintenance of all such items or portions of the WORK described in the written notice.
• c. @iGeial Use or Occupancy: The CITY 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 following
• conditions:
• 1. The CITY shall use its best efforts to prevent occupancy from interfering with the conduct of the
• CONTRACTOR's remaining work;
2- The CONTRACTOR shall not be required to repair damage to the premises if the same was caused by the
CITY's occupancy or use;
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• 3. The one-year correction period for those portions of the premises occupied and equipment used by the
CITY shall start as of the date of actual occupancy or use;
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4. Occupancy or use shall not constitute acceptance 6y the CITY either of the completed work or any
• portion thereof, nor will it relieve the CONTRACTOR from full responsibility for correcting defective work
• or materials found before completion and acceptance of all the work during the period specified in Article
13-8, herein;
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• 5- Occupancy or use shall not be deemed to be the equivalent of filing a Notice of Substantial
• Completion/Notice of Completion or a Cessation of Labor;
• 6. There shall be no added cost to the CITY 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 146;
• 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 those portions of the premises occupied by the CITY
• pursuant to this Article 14, but shall maintain all other insurance required by the Contract in full force and
• effect. The CITY 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 CITY 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 Completion/Substantial Completion- Within a reasonable time thereafter, the CITY, the
CONTRACTOR, and the ENGINEER 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 complete, the
• ENGINEER, through the Project Representative will notify the CONTRACTOR in writing, giving the reasons
therefor. Upon recommendation of the Project Representative, if the ENGINEER considers the WORK substantially
• complete, the ENGINEER will prepare and deliver to the CITY for its execution and recordation the Notice of
Substantial Completion/Notice of Completion signed by the CITY, 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 retainage 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 CITY and the CONTRACTOR a written recommendation as to division of responsibilities pending
final payment between the CITY and the CONTRACTOR with respect to security, operation, safety, maintenance,
• heat, utilities, insurance and warranties and guarantees. Unless the CITY and the CONTRACTOR agree otherwise
• in writing and so inform the ENGINEER in writing prior to the ENGINEER's issuing the definitive Notice of
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• CITY PROJECT NO.09-02 JUNE 24,$008 GENERAL CONDITIONS-PAGE 33
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Substantial Completion, the ENGINEER's aforesaid recommendation will be binding on the CITY 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 Minn., See definition of •
"Completion" and "Substantial Completion" in'Article 1, herein.
c. The CITY shall have the right to exclude the CONTRACTOR from the Work after the date of Substantial •
Completion, but the CITY shall allow the CONTRACTOR reasonable access to complete or correct items on the
tentative list.
14.8 Partial Utilization: .
Use by the CITY at the CITY's option of any substantially completed part of the Work which: (i) has specifically
been identified in the Contract Documents, or Oil the CITY, the ENGINEER and the CONTRACTOR agree .
constitutes a separately functioning and usable part of the Work that can be used by the CITY 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 CITY at any time may request the CONTRACTOR in writing to permit the CITY to use any such part •
of the Work which the CITY 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 CITY 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 CITY 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 either such •
request, the CITY, the CONTRACTOR and the ENGINEER shall make an inspection of that part of the .
Work to determine its status of completion. If the ENGINEER does not consider that part of the Work to
be substantially complete, the ENGINEER will notify the CITY and the CONTRACTOR in writing giving the •
reasons therefor. 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 ithat the entire Work or an agreed portion thereof is complete, the •
ENGINEER will make a final inspection with the CITY and the CONTRACTOR and will notify the CONTRACTOR in •
writing of all particulars 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
deficiencies. .
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 Contract •
Documents, including but not limited to the evidence of insurance required, (ii) consent of the surety, if any, to •
final payment, and (iii) complete and legally effective releases or waivers (satisfactory to the CITY) of all Stop
Notices arising out of or filed in connection with the WORK- In lieu of such releases or waivers of Liens and as •
approved by CITY, 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 .
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CITY PROJECT NO.08-02 GENERAL CONDITIONS-PAGE 34 .
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• WORK for which the CITY or the CITY'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 Bond or other collateral satisfactory to the CITY to indemnify the CITY against any
• Lien.
• 14.11 Final Payment and Acceptance:
• a. Final 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 14.11 c, herein.
• b. If, On the basis of the ENGINEER's Observation of the WORK during construction and final inspection, and the
• ENGINEER's 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
• CONTRACTOR's 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 ENGINEER's recommendation of
payment and present the Application to the CITY for payment. At the same time the ENGINEER will also give
. written notice to the CITY 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 CITY 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 CITY's governing body, the CITY 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 fallowing items:
• 1. Retainage of not less than 5 percent of the contract price, subject to the provisions of Public Contract
• Code Section 22300.
• 2. Liquidated damages, as applicable.
• 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 to the satisfaction of the CITY 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 CITY 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 less than 35 days thereafter, the CITY 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 CITY pursuant to paragraph 14.5b, herein.
• b. During said Stop Notice filing period, the CONTRACTOR shall have 30 days to complete any outstanding
• items 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 expiration of the 35 days referred to in paragraph
14.12a, the amounts withheld pursuant to the provisions of paragraph 14.11c, 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 CITY within said 30 days. Otherwise, the CONTRACTOR does hereby waive any and all claims
• for all monies withheld by the CITY under the Contract to cover 1.5 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 so confirms, the CITY 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 CITY for
WORK not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have
• been furnished as required in Article 5.1, 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
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CITY PROJECT NO.08-02
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ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waiver of claims. .
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 Completion/Notice of,Completion, nor any payment by the CITY to the CONTRACTOR
under the Contract Documents, nor any use or occupancy of the WORK or any part thereof by the CITY, nor any .
act of acceptance by the CITY 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 CONTRACTOR's obligation to perform the WORK in accordance with the Contract Documents. .
14-14 Waiver of Claims:
a. The acceptance by the CONTRACTOR of the final payment referred to in Article 14.11, herein, shall be a •
release of the CITY 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 CITY or of any person relating to or affecting the •
WORK, except demands made against the CITY for the remainder, if any, of the amounts kept or retained under
the provisions of Article 14.11, herein; and ezeepting all pending, unresolved claims filed prior to the date of the .
Notice of Substantial Completion/Notice of Completion .
b. The making and acceptance of final payment shall constitute: .
1. a waiver of all claims by the CITY against the CONTRACTOR, except claims arising from unsettled Liens, •
from defective WORK appearing after final inspection pursuant to Article 14.9, from failure to comply .
with the Contract Documents or the terms of any special guarantees specified therein, or from the
CONTRACTOR's continuing obligations under the Contract Documents; and .
2, a waiver of all claims by the CONTRACTOR against the CITY other than those previously made in writing
and still unsettled. .
ARTICLE 15 --SUSPENSIONI OF WORK AND TERMINATION
15-1 Suspension of WORK by the CITY: .
At any time and without cause, the CITY may suspend the WORK or any portion thereof for a period of not more •
than 90 ninety days by notice in writing to the CONTRACTOR. The CONTRACTOR and the ENGINEER 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 Resumption of,WORK. The CONTRACTOR shall be allowed an adjustment 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 therefor as provided in Articles 11 and 12.
15.2 Termination of Agreement by the CITY (CONTRACTOR Default): •
a. In the event of default by the CONTRACTOR, the CITY may give 10 days written notice to the •
CONTRACTOR of the CITY's intent to terminate the Agreement and provide the CONTRACTOR 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 events: .
1. If the CONTRACTOR becomes insolvent, or assigns its assets for the benefit of its creditors; .
2. If the CONTRACTOR 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 to 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 Laws or Regulations of any public body having jurisdiction;
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• 4. If the CONTRACTOR disregards the authority of the ENGINEER;
5. If the CONTRACTOR otherwise violates in any substantial way any provisions of the Contract
• Documents; Or
• 6. If the CONTRACTOR fails to prosecute the WORK according to the approved construction schedule;
• 7. It 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 CONTRACTOR fails to remedy the conditions constituting default within the time allowed, the CITY
may then issue the Notice of Termination.
• b. The CITY 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 CONTRACTOR, exclude the CONTRACTOR
• 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
• equipment stored at the site or for which the CITY has paid the CONTRACTOR but which are stared elsewhere,
and finish the Work as the CITY may deem expedient. In such case the CONTRACTOR shall not be entitled to
• receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all
claims, costs, losses and damages sustained by the CITY arising out of or resulting from completing the Work
• such excess will be paid to the CONTRACTOR. If such claims, costs, losses and damages exceed such unpaid
balance, the CONTRACTOR shall pay the difference to the CITY. Such claims, costs, losses and damages incurred
• by the CITY 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 CITY shall not be required to obtain the lowest price for the Work performed.
• c. Where the CONTRACTOR's services have been so terminated by the CITY, the termination will not affect any
rights or remedies of the CITY against the CONTRACTOR then existing or which may thereafter accrue. Any
• retention or payment of moneys due the CONTRACTOR by the CITY will not release the CONTRACTOR from
• liability.
• 15.3 Termination of Agreement by the CITY (For Convenience):
• Upon 7 days' written notice to the CONTRACTOR, and the ENGINEER, the CITY may, without cause and without
• prejudice to any other right or remedy of the CITY, elect to terminate the Agreement. In such case, the
CONTRACTOR shall be paid (without duplication of any items) for the following:
•
• 1. 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;
• 2. 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;
• 3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with
• Subcontractors, Suppliers and others; and
• 4. For reasonable expenses directly attributable to termination.
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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 CITY, whenever,through no
• act or fault of the CONTRACTOR, the Work is suspended for a period of more than 90 days by the CITY or under
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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 CITY 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 CITY and the ENGINEER, and provided that
the CITY or the ENGINEER does not remedy such suspension or failure within that time, terminate the Agreement •
and recover from the CITY payment on the same terms as provided in Article 15.3. 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 CITY has failed for 30 days to pay the CONTRACTOR any .
sum finally determined to be due, the CONTRACTOR may upon 7 day's written notice to the CITY and the
ENGINEER stop the Work until payment of all such amounts due to the CONTRACTOR, including interest thereon. •
The provisions of this Article 16.4 are not intended to preclude the CONTRACTOR from making claim under •
Articles 11 and 12 for an Increase in Contract Price or Contract Times or otherwise for expenses or damage
directly attributable to the CONTRACTOR's stopping Work as permitted by this paragraph. .
ARTICLE 16 -- DISPUTE RESOLUTION •
a. Any question about interpretation or clarification, disagreement, 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 party be subject to resolution under the following provisions and the
provisions of Article 18.18, herein. •
b. No demand for arbitration or litigation mays be made until the earlier of the following listed times: •
1. The date on which the ENGINEER hasiissued 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, if a decision has not been issued by that date.
c. Pending a resolution of the claim or dispute, the CONTRACTOR $hall proceed diligently with the performance
of the contract and in accordance with the ENGINEER's decision unless the parties to this contract otherwise
agree in writing. If and to the extent that CITY 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," to 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 9.8, CITY and CONTRACTOR may exercise such rights
or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of •
any dispute.
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ARTICLE 17 —MISCELLANEOUS •
17.1 Giving Notice: •
Whenever any provision of the Contract Documents requires the giving of written notice, it will 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. •
17.2 Title to Materials Found on the WORK: � •
The CITY shall have the right to retain title tc all soils, stone, sand, gravel, and other materials developed and •
Oobtained from excavations and other operations connected with the WORK. Unless otherwise specified 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 which meet the requirements of the Contract Documents. •
17.3 Computation of Times: •
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• 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.
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• A calendar 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 CITY for additional compensation, the CITY 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 casts 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
• CONTRACTOR'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 CITY deems desirable during the CONTRACTOR's normal business hours at the office of
the CONTRACTOR. The CONTRACTOR shall make available to the CITY for auditing, all relevant accounting
• records and documents, and other financial data, and upon request, shall submit true copies of requested records
• to the CITY.
17.5 Notice of Claim:
• Should CITY 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 party's employees or agents or others for whose acts the other party is
• legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of
• such injury or damage. The provisions of this Article 17.5 shall not be construed as a substitute for or a waiver of
the provisions of any applicable statute of limitations or repose.
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• 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 15.2 and all of the rights and
• remedies available to CITY 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 to any or all of them which are otherwise imposed or available
• by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and
• the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in
connection with each particular duty, obligation, right and remedy to which they apply.
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
�I limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or
• arbitration or other dispute resolution casts.
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ARTICLE 18.0 —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 California Department of
• Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the CITY, which
copies shall be made available to any interested party on request. The CONTRACTOR shall post a copy of such
• determination at each job site.
• b. The CONTRACTOR shall, as a penalty to the CITY, forfeit $50.00 for each Calendar day, or portion thereof,
. for each worker paid less than the prevailing rates as determined by the Director for such work or craft in which
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JUNE 2A,2009 GENERAL CONDITIONS.PAGE 39
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such worker is employed for any public work done under the contract by him or by any subcontractor under him. •
18.2 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 CITY the following
certification:
"I am aware of the provisions of Section 3700 of the Labor Cade which require every employer
to be insured against liability for workers' compensation or to undertake self-insurance in •
accordance with the provisions of that code, and I will comply with such provisions before •
commencing the performance of the WORK of this Contract."
c. Notwithstanding the foregoing provisions,I before the Contract is executed on behalf of the CITY, 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' compensation. •
18.3 Apprentices an 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.
18.4 Working Hours: •
The CONTRACTOR shall comply with all applicable provisions of Section 1810 to 1815, inclusive, of the
California Labor Cade relating to working hours. The CONTRACTOR shall, as a penalty to the CITY, 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 1-1/2 times the basic rate of pay.
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18.5 CONTRACTOR Not Responsible For Damage Resulting From Certain Acts of God:
As provided In Section 7103 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 Gad, in excess of 5 percent 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 •
CITY.The CONTRACTOR shall obtain insurance to indemnify the CITY 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 Gad" 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 CITY's governing body, the CITY will file, in the County Recorder's office, a
Notice of Completion of the WORK. •
18.7 Unpaid Claims:
If, at any time prior to the expiration of the period for service of a Stop Notice, there is served upon the CITY a •
Stop Notice as provided in Sections 3179 through 3210 of the Civil Cade of the State of California, the CITY •
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 if the ENGINEER shall, in •
its discretion, permit the CONTRACTOR to file with the CITY the bond referred to 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.
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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 said 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 shoring system, or to inspect such system prior to placement of concrete, the
CONTRACTOR shall employ a registered civil engineer for these purposes, and all costs therefor shall be included
• in the price named in the Contract for completion of the WORK as set forth in 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 CITY 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 CITY or with a state or
federally chartered bank as the escrow agent, 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 CITY between the escrow agent and the
• CITY which provides that no portion of the securities shall be paid to the CONTRACTOR until the CITY has
• certified to the escrow agent, in writing, that the Contract has been satisfactorily completed- The CITY will not
certify that the Contract has been satisfactorily completed until at least 30 days after filing by the CITY 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 certificates 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 Subcontractors
• shall conform to the following requirements- In entering into a public works contract or a subcontract to supply
goods, services, or materials pursuant to a public works contract, the CONTRACTOR or subcontractor offers and
• agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under
• Section 4 of the Clayton Act (15 U.S.C. 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.
18.11 Submittal of Bids;Agreement to Assign:
•
• In accordance with 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, title, and interest in and to all causes of action it may
have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2
• (commencing with Section 16700) of Part 2 Division 7 of the Business and Professions Cade) arising 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, straight time and overtime hours worked each day and week, and the actual
• per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in
connection with the public work.
•
• b. The payroll records enumerated under paragraph 18.12a shall be certified and shall be available for inspection
at all reasonable hours at the principal office of the CONTRACTOR on the fallowing basis:
1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the
employee or his or her authorized representative on request.
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• CITY PROJECT No.06-02 JUKE 24.200e GENERAL CONDITIONS-PAGE 41
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2. A certified copy of all payroll records enumerated in paragraph 18.12a, herein, shall be made available for •
inspection or furnished upon request to a representative of the body awarding the contract, the Division
of Labor Standards enforcement, and the Division of Apprenticeship Standards of the Department of •
Industrial Relations. •
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 costs 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 certified copy'of the records, enumerated in paragraph 18.12a, 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 individual's 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,street address, city 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 i
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 the 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 withhold 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, daily 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 on 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 thereiin are not less than those required by the contract. The "Statement of Compliance" •
shall be on forms furnished by the CITY or on any form with identical wording. The CONTRACTOR shall be
responsible for the submission of copies of payrolls of all subcontractors-
h. If by the 15th of the month, the CONTRACTOR has not submitted satisfactory payrolls for all work performed •
during the monthly period ending on or before the 1st of that month, the CITY 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 riot exceed $10,000 nor be less than $1,000. Retentions for failure to submit
satisfactory payrolls shall be additional to 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 i
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.
18.14 Protection of Workers in Trench Excavations:
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CITY PROJECT NO,08-02 GENERAL CONDITIONS-PAGE 42 •
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• 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 1.5 meters IS feet) or more in depth, the
• CONTRACTOR shall submit for acceptance by the CITY or by a registered civil or structural engineer, employed by
The CITY, 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 made for worker protection from the hazard of caving
• ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards
established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a
• registered civil or structural engineer employed by the CONTRACTOR, and all costs therefor shall be included in
• the price named in the Contract for completion of the WORK as set forth in the Contract Documents. Nothing in
this Section shall be deemed to allow the use of a shoring, 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 CITY, the ENGINEER, or any of their officers, agents, representatives, or employees.
• 18.15 Travel and Subsistence Pay_
• a. As required by Section 1770.8 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.
A 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-
• 18.16 Removal, Relocation, or Protection of Existing 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 parties to the contract, for the timely removal, relocation, or protection of existing main or trunkline 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 relocating 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 agony from identifying
• main or trunk lines in the plans and specifications.
• d. If the CONTRACTOR while performing the contract discovers utility facilities not identified 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 or Excavations; Notice on Discovery of Hazardous Waste or Other Unusual
• - Conditions; Investigations; Change Orders; Effect on Contract
• As required under Section 7104 of the Public Contracts Code (Stets. of 1989), in any public works contract of a
• local public entity which involves the digging trenches or other excavations that extend deeper than 1.2 meters (4
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CITY PROJECT NO.08-02
A JUNE 24,2008 GENERAL CONDITIONS-PAGE 43
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feet) below the surface shall be subject to the following conditions: The CONTRACTOR shall promptly, and before •
the conditions specified in Article 4.5, herein, are disturbed, notify the public entity in writing, of any of the •
conditions described in Article 4-5, herein.
18.18 Resolution of Construction Claims: •
a. As required under Section 20104, et seq I, 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 CONTRACTOR pursuant to this Contract; or payment of an amount which is disputed by the •
CITY shall be 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 CITY may request additional documentation supporting the •
claim or relating to defenses or claims the CITY 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 CITY shall respond to the claim within 45 days if the amount •
of the claim is loss than $50,000, or within 60 days if the amount of the claim is more than $50,000 but less .
than $375,000. If further documentation is requested, the CITY shall respond within the same amount of time
taken by the CONTRACTOR to respond, or 15 days, whichever is greater, after receipt of the information if the .
claim is less than M,000. If the Claim is more than $50,000 but less than $375,000 and further documentation .
is requested by the CITY, the CITY 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 CITY's response, or the CITY 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 CITY within 15 days after theideadline of the CITY to respond or within 15 days of the CITY's
response, whichever occurs first. The CITY 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 request, the CONTRACTOR may pursue
the remedies authorized by law.
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RAINMAKER FOUNTAIN REPAIRS CONDITIONS OF THE CONTRACT •
CITY PROJECT No,00.02 GENERAL CONDITIONS-PAGE 44
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. CONDITIONS OF THE CONTRACT
. SUPPLEMENTARY GENERAL CONDITIONS
• GENERAL
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• These Supplementary General Conditions make additions, deletions,
or revisions to the General Conditions, as indicated herein. All
provisions which are not so added, deleted, or revised remain in
• full force and effect. Terms used in these Supplementary General
• Conditions which 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 1 of
. the General Conditions, the following respective supplemental
• definitions shall apply:
Engineer -- The word Engineer shall mean the City Engineer of
• the City of Palm Springs, California, or his designated
• representative.
• Project Representative - The Project Representative shall be
• the Facilities Maintenance Manager, City of Palm Springs,
• Public Works and Engineering Department, or such other person
as may subsequently be designated by the City in writing to the
Contractor. Said Project Representative shall be the only
• person through whom all liaison between the Contractor and the
City shall be directed.
•
• Working Day - A Working - Day is defined as any day, except as
• follows :
• (a) Saturdays, Sundays, and any designated legal holiday
• officially observed by the City of Palm Springs. Designated
legal holidays are:
•
• New Year' s Day (January 1)
. Mart-in Luther King Jr. Day ('third Monday in January)
Lincoln' s Birthday (February 12)
• President' s Day (Third Monday in February)
• Memorial Day (Last Monday in May)
Independence Day (July 4)
• Labor Day (First Monday in September)
• Veteran' s Day (November 11)
• Thanksgiving Day (Last Thursday in November)
Day after Thanksgiving Day
• Christmas Eve Day (December 24 )
• Christmas Day (December 25)
•
CONDITIONS OF THE CONTRACT
• RAINMAKEn FOUNTAIN REPAIRS SUPPLEMENTARY GENERAL CONDITIONS
• CITY PROJECT NO 08.02
JUNE 24.2008 PAGE I
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When a designated holiday falls on a Saturday, the Friday •
before the holiday shall be a designated legal holiday. When
a designated holiday falls on a Sunday, the Monday after the .
holiday shall be a designated legal holiday.
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(b) Days on which the, Contractor is prevented by inclement •
weather or conditions resulting immediately therefrom
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 operations for at least
60 percent of the total daily time being currently spent •
on the controlling operation or operations. •
ARTICLE 2 - PREL=NARY MATTERS
•
2 .1 Legal Address of the City: •
The official address of the City shall be City of Palm Springs •
3200 East Tahquitz Canyon Way, Palm Springs, CA 92262 or such •
other address as the City may subsequently designate in written •
notice to the Contractor.
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2 .2 Legal Address of the Engineer: •
'The official address of the Engineer shall be 3200 East Tahquitz •
Canyon Way, Palm Springs, ' California 92262 or such other address
as the Engineer may subsequently designate in writing to the •
Contractor. I •
2 .3 Legal address of the City' s Project Representative: •
'The name and address of the City' s designated Project
Representative shall be the Facilities Maintenance Manager, Public
Works & Engineering Department, 3200 East Tahquitz Canyon Way,
Palm Springs, CA 92262 or such other address as the Resident •
Project Representative may subsequently designate in writing to
the Contractor. •
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ARTICLE 5 - BONUS AND INSURANCE .
5 .1 Performance and other' Bonds: •
a. Before execution of the Contract, the Contractor shall file
surety bonds with the City to be approved by the City Council in
the amounts and for the purpcsss noted below. Bonds issued by a •
surety who is listed in the latest version of U. S. Department of .
Treasury Circular 570, who is authorized to issue bonds in
California, and whose bonding limitation shown in the said •
circular is sufficient to provide bonds in the amount required by
CONDITIONS OF THE CONTRACT •
RAINMAKER rouNTniN REPAIRS
SUPPLEMENTARY GENERAL CONDITIONS
CITY PROJECT NO.08-02 PAGE 2 •
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• the Contract shall be deemed to be approved unless specifically
rejected by the City. Bonds from all other sureties shall be
• accompanied by all of the documents enumerated in Code of Civil
Procedure 995. 660 (a) . The Contractor shall pay all bond premiums,
• costs, and incidentals. Each bond shall incorporate, by reference,
the Contract and be signed by both the Contractor and Surety and
• the signature of the authorized agent of the Surety shall be
• notarized.
• b. The Contractor shall provide good and sufficient surety bonds.
• The Payment Bond (Material and Labor Bond) shall be for not less
• than 100 percent of the Contract Price, to satisfy claims of
material suppliers and mechanics and laborers employed by it on
• the Work. The bond shall be maintained by the Contractor in full
• force and effect until the Work is accepted by the City and until
• all claims for materials and labor are paid, and shall otherwise
comply with the Civil Code.
•
• C. In addition, the Contractor shall furnish a separate
Performance Bond to cover the one-year correction and repair
• period for correction or removal and replacement of defective work
• as required under .Articles 13. 7 and 13. 8 of the General
• Condit-ions . Said Bond shall, be in the amount of not less than 15
percent of the Contract Price.
•
• d. Bonds shall be executed by either: (a) two (2) or more
• sufficient personal sureties; (b) one sufficient admitted surety
insurer; or (c) a combination of sufficient personal sureties and
• admitted surety insurers . If a corporate surety insurer is used,
• a County Clerk' s certificate evidencing that it is an admitted
surety insurer shall be submitted with the bonds. If a personal
• surety is used, all requirements set out in Code of Civil
• Procedure Section 995. 510 shall be met to the satisfaction of the
• City Engineer.
• 5.2 Bonding Company Waiver of Right of Notification:
The Contractor shall assure that its Bonding Company is familiar
with all of the terms and conditions 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 City
• or any of its authorized representatives .
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• CONDITIONS OF THE CONTRACT
• RAINMAKER FOUNTAIN REPAISS SUPPLEMENTARY GENERAL CONDITIONS
CITY FRCJ(CT NO,Oa-02
JUNE 24.2008 PAGE 3
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5.3 Insurance mounts: !
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:
INSURANCE AMOUNTS •
Before commencing the Work, the Contractor shall furnish a !
Certificate of Insurance with the following liability limits based •
on the contract amount: •
$1 Million per Occurrence/$2 Million Aggregate •
Umbrella excess liability may be used to reach the limits stated !
above-
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A. At a minimum, coverage must include:
1. Insurance Services , Office CCmmercial General Liability !
coverage (occurrence form CG0001)
2 . Insurance Services Office form number CA 0001 (Ed. 1/87) !
covering Automobile Liability, code 1 (any auto) •
3 . Workers' Compensation and Employer' s Liability insurance as
required by the State cf California for all labor employed by •
Contractor or any sub-Contractor.
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B. The fCllowing general requirements apply: •
1. Insurance carrier must be authorized to do business in the •
State of California. •
2. Insurance carrier must have a rating of or equivalent to •
B+,VTI by A.M. Best Company. •
3. Coverage must include personal injury, protective and
employer liability.
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4 . Certificate must include evidence of the amount of any •
deductible or self-insured retention under the policy. •
5 . Contractor' s insurance must- be primary and non-contributory .
over any insurance the City may maintain, that is, any such •
City insurance shall be excess to limits stated in the
certificate_ •
C. Verification of Insurance coverage may be provided by either !
(1) an approved General and/or Auto Liability Endorsement Form for
CONDITIONS OF THE CONTRACT !
RAINMAKER FOUNTAIN REPAIRS SUPPLEMENTARY GENERAL CONDITIONS !
CITY PROJECT NO.08-02 PAGE 4
JUNE 24,2008 •
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! the City of Palm Springs or (2) an acceptable certified copy of
• the insurance policy (Declarations of Coverage) with the following
endorsements stated on the policy:
• I. "The City of Palm Springs, its officials, employees and agents
• are named as an additional insured" ("as respects a specific
contract" or "for any and all work performed with the City" may be
included in this statement) .
2. "This insurance is primary and non-contributory over any
insurance or self-insurance the City may have" ("as respects a
. specific contract" or "for any and all work performed with the
. City" may be included in this statement) .
• 3. "Should any of the above described policies be canceled before
the expiration date thereof, the issuing company will mail 30 days
• written notice to the Certificate Holder named. " Language such as,
"endeavor to" mail and "but failure to mail such notice shall
impose no obligation or liability of any kind upon the company,
. its agents or representative" is not acceptable and must be
crossed- out. See example below.
! 4 . Both the Workers' Compensation and Employers' Liability
• policies shall contain the insurer' s waiver of subrogation in
favor of City, its elected officials, officers, employees, agents
and volunteers. See example below.
• In addition to the endorsements listed above, the City of Palm
Springs shall be named the certificate holder on the policy.
! All certificates and endorsements are to be received and approved
! by 'the City before Work commences . Failure to obtain the required
documents prior to the commencement of Work shall not waive the
Contractor' s obligation Lo provide them.
. Cancellation 'Example:
• SHOULD ANY OF THE ABOVE REFERENCED POLICIES BE
CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE ISSUING INSURER WILL E£3-BE R T-O MAIL 30
. DAYS* WRITTEN NOTICE TO THE CERTIFICATE HOLDER
• HEREINNAMED TTT TTT TZ F f T M1 i GH NGTT( E
S HTTy 9-^� Nn, v'GrL vie vas T TTYYY Ymy r1 v rTTy
• XING[ 4PGNrHE- ICIS6 TS �£$ 9R
! 'O LT]I]L+M11P TiTTTTTTIPC
ZCG ZTCr�LP2CSSIYGZ] .
! *The broker/agent can include a qualifier
stating "10 days notice for nonpayment of
• Premium. "
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CONDITIONS OF THE CONTRACT
• RAINMAKER FOUNTAIN REPAIRS SUPPLEMENTARY GENERAL CONDITIONS
CITY PROJECT NO.02-02
• JUNE 24,2000 PAGE 5
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waiver of Subrocration Example: •
"IT IS UNDERSTOOD AND AGREED THAT THE COMPANY
WAIVES THE RIGIIT OF SUBROGATION AGAINST THE
ABOVE ADDITIONAL INSURED (S) , BUT ONLY AS !
RESPECTS THE SOB OR PREMISES DESCRIBED IN THE •
CERTIFICATE ATTACHED HERETO. " .
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ARTICLE 6 - THE CONTRACTOR' S RESPONSIBILITIES
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6.4 Concerning Subcontractors, Suppliers, and Others : •
Add the following subparagraph (s) to Article 6. 4 of the General
Conditions : •
(e) In addition to the provisions of Article 6. 4 of the
General Conditions, the Contractor shall perform not less than
50 percent of the Work included in the original Contract Price
with its own forces (i.e. , without subcontracting) , except that •
any designated "Specialty Items" may be performed by
subcontract and the amount of any 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 prase. 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 50 percent- requirement
shall be understood to refer to the Work, the value of which !
totals not less than the full Contract Price contract- price. .
In accordance with Section 12 . 9 of Chapter 12 of the Local •
.Assistance Procedures Manual, 23 Code of Federal Regulations •
633 . 102 (e) , and the Federal Form 1273 itself, the prime
construction contractor of, a Federal-aid project shall ,physically •
include in each subcontract, lower tier subcontract and purchase •
orders the required contract provisions contained in Federal Form •
1273 . The provisions may not be incorporated by reference . The
Federal Form 1273 for Federal-Aid Projects is included in the
Federal Supplement of these Special Provisions (Federal !
Requirements for Federal-Aid Construction Projects FR1-FR17) . .
CONDITIONS OF THE CONTRACT
RAINMAKER FOUNTAIN REPAIRS SUPPLEMENTARY GENERAL CONDITIONS
clT PPOJEer No,oP-aT PAGE 6 •
JUNE 24,2008
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/ Failure of the prime contractor to comply with this requirement
/ is grounds for local agency termination of the contract with the
contractor and debarment of the contractor by the FHWA.
• 6.5 Permits, License Fees, and Royalties:
• The following subparagraphs "d, " "e, " and "f" are hereby added to
• Article 6. 5 of the General Conditions:
/ (d) Business License and Permits: All permits issued by the
SI City of Palm Springs shall be obtained by the Contractor, but
. will be paid by the City; 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.
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/ (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 City. Other permit- fees,
• including encroachment fees and electrical, mechanical, and
plumbing permit fees will be paid directly by the City. No
/ separate payment therefor 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 structure changes and tariffs, inspection fees, and
• similar utility-related fees will be paid for directly by the
City. Annexation fees, flood control fees, pollution district
• fees, and similar fees will also be paid by the City. No
/ separate payment therefor will be allowed under the Contract
/ for any of the fees under this Article.
6.7 Laws and Regulations:
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The following subparagraph (d) is hereby added to Article 6. 7 of
the General Conditions :
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/ (d) The Work is located in the City of Palm Springs in the
• County of Riverside, State of California. The Contractor shall
comply with all ordinances, regulations, and other lawful
• requirements of said CiL-y, County, and State governing the work
/ on public property_ In particular the Contractor' s attention is
directed to Section entitled "Temporary Environmental
/ Controls . "
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CONDITIONS OF THE CONTRACT
• RAINMAKER FOUNTAIN REPAIR$ SUPPLEMENTARY GENERAL CONDITIONS
CITY PROJECT NO,08-02
/ JUNQ 24 2008 PAGE 7
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ARTICLE 10 - CHANGES IN THE WORK •
10.2 Allowable Quantity Variations : Deleted [UNIT PRICE JOBS ONLY] •
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10 .3 Increases of More Than 25 Percent: Deleted [UNIT PRICE ONLY) •
10.4 Decreases of More Than 25 Percent: Deleted [UNIT PRICE ONLY)
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ARTICLE 11 - CHANGE OF CONTRACT PRICE •
11.2 Equipment: •
The following wording shall be added to the end of Article 11. 2,
subparagraph (d) - •
Whenever under the terms of this Contract the Contractor is
entitled to additional payment for the use of rental 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 publication: •
"Labor Surcharge and Equipment Rental Rates" as published by
the State of California, Department of Transportation, •
Sacramento, CA. •
ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; •
CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK •
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13 . 8 Correction Period:
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 c. •
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ARTICLE 14 - PAYMENTS TO THE CONTRACTOR AND COMPLETION •
14.2 Unit Price Bid Schedule: Deleted.
14.3 Application for Progress Payment: •
The following provision shall be added to Article 14 . 3c of the •
General Conditions: •
In addition to the provisions of Article 74 . 11 of the General •
Conditions for withholding of funds from the Final Payment, •
the City may retain a portion of the amount of each progress .
payment- otherwise due to the Contractor, as follows :
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CONDITIONS OF THE CONTRACT •
RAINMAKER rOUNTAIN REPAIR$ SuPPLFMFNTARY GENERAL CONDITIONS
clr PROJECT NO 05-02 PAGE 8
JUNE 24,2008 •
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/ 4 . The City will retain 10 percent of each approved
• progress payment until the Work is 50 percent
complete; then, the City may at its option suspend
• further retainage until the final progress payment.
5. The City reserves the right to reinstate up to 10
percent retainage of the total of. the Work done if
• the City determines, at its discretion, that the
. Contractor is not performing the Work satisfactorily,
or there is other specific cause for such retainage.
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• 14.3 Application for Progress Payment:
Add a new subparagraph (e) , as follows :
• (e) For all long lead purchases of electrical and mechanical
building equipment that has been delivered to the site and
/ safely and securely stored, the City will pay 50 percent
/ of the Supplier' s invoice price to the Contractor;
• provided, that no payment will bs made for any materials,
equipment, or components thereof, whose value is less than
$5000 dollars.
ARTICLE 18 - CALIFORNIA STATE REQUIREMENTS
• 18.1 Prevailing Wage Rates Not Applicable. - Funding for the Work
• is with all local funds and, as provided under the City Charter,
. will NOT require compliance with the prevailing wage requirements
of the State of California.
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. 18.3 Deleted.
18 .12 Deleted.
- END OF SUPPLEMENTARY GENERAL CONDITIONS -
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/ CONDITIONS OF THE CONTRACT
RAINMAKER FOUNTAIN REPAIRS SUPPLEMENTARY GENERAL CONDITIONS
CITY PROJECT NO 08-02
. JUNE 24 200E PAGE 9
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PART III
TECHNICAL SPECIFICATIONS
• RAINMAKER FOUNTAIN
This project is to contract for the repair and replacement, as necessary to achieve operational
• functionality of the Rainmaker Fountain,located in Frances Stevens Park at the northeast corner of
• North Palm Canyon Drive and Alejo Road_ The City has contracted with Water Line Studios,of Fort
. Collins, Colorado to review, offer opinions and conclusions in order to allow for the fountains to
• again become operational as originally designed.
• BEGINNING AND COMPLETION OF THE WORK -Time is of the essence of the Contract. In
• accordance with the provisions of Article 2 of the Agreement, the Contractor shall begin the Work
• on the date specified in the written Notice to Proceed from the City, and shall complete all of the
. Work included in the Contract within 45 working days after the commencement date specified in the
Notice to Proceed. Time stated for completion shall include final cleanup of the premises,
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• CONTRACT METHOD:
A. The Work, hereunder will be constructed under a single unit price lump sum contract.
• B. The Contractor shall include the requirements of the General Conditions and Supplementary
General Conditions of the Contract as a part of all of its subcontract agreements_
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 and on-site fabrication facilities.
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• CITY USE OF THE PROJECT SITE - The Contractor shall cooperate with the City Engineer to
• minimize interference with the Contractor's operations and to facilitate the City s operations. In any
• event,the City and the Engineer and their authorized representatives shall be allowed access to the
project site at all times during the period of construction.
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PROJECT MEETINGS -PRECONSTRUCTION CONFERENCE.:
C. Prior to the commencement of Work at the site, a Preconstruction conference will be held at
• a mutually agreed time and place which shall be attended by the Contractor, its
superintendent, and its sub-contractors as appropriate. Other attendees will be:
• 1. Engineer and/or the City's Project Representative.
• 2. Representatives of City.
3. Others as requested by Contractor, City, or Engineer.
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D. Unless previously submitted to the Engineer,the Contractor shall bring to the conference one
. copy of each of the following:
. 1_ Tentative Construction Schedule.
2. Shop Drawing/Sample/Substitute or "Or Equal" submittal schedule_
• 3. Schedule of values (lump sung price breakdown) for progress payment
Purposes,
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• RAINMAKER FOON'1"AIN R14PAIRS TECHNICAL SPECIFICATIONS
CITPROJ5CI NO U8.02 PAGE 1
. IUNE 24,200R
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E. The purpose of the conference is to designate responsible personnel and establish a working
relationship. Matters requiring coordination will be discussed and procedures for handling .
such matters established. The complete agenda will be furnished to the Contractor prior to •
the meeting date, which may include the following:
I_ Contractor's tentative schedules- •
2. Transmittal, review, and distribution of Contractor's submittals. •
3. Processing applications for payment. •
4. Maintaining of record documents. •
5. Critical work sequencing.
fi. Field decisions and Change Orders. •
7. Use of project site, office and storage areas, security, housekeeping, and •
City's needs.
& Major equipment deliveries and priorities. .
9- Contractor's assignments for safety and first aid.
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F. The Engineer will preside at the preconstruction conference and will arrange for keeping the •
minutes and distributing the minutes to all persons in attendance •
CONTRACTOR SUBMITTALS -A preliminary schedule of values (lump sum price breakdown)
shall be submitted at the time of the preconstruction conference for all of the work hereunder to serve •
as the basis for progress payments during construction.
PROPOSED SUBSTITUTES OR "OR EQUAL" ITEMS:
A. For convenience in designation in the Contract Documents, a brand or trade name may be •
specified.The use of any substitute material,product,or equipment which is equal in quality •
and utility and possesses the required characteristics for the purpose intended will be .
permitted, subject to the following requirements: •
I_ The burden of proof as to the quality and utility of any such substitute
material, product, or equipment shall be upon the Contractor_ •
2. The Engineer will be line sole judge as to the quality and utility of any such
substitute material,product, or equipment and its decision shall be final. •
B. The supporting documentation' for any proposed substitute or "or equal" item must be •
submitted within 20 days after the bid opening; otherwise the Contractor agrees to furnish •
one of the brand name products specified. •
There are actually two ifountain systems on the project: The Rainmaker Fountain consisting of the
wand pool,arroyo and bower pool and the other fountain identified as the Water Wash. All the work
involved with this contract shall comply with and allow the fountain to comply with all codes which •
regulate interactive fountains and swimming pools. •
TEMPORARY UTILITIES - GENERAL:
A. It shall be the Contractor's responsibility to provide plant and equipment that is adequate •
for the performance of the Work under this Contract within the time specified. All such
work shall be subject to inspection and approval by the Engineer at any time within the .
duration of the Contract. .
RAINMAKER FOUNTAIN REPAIRS TECHNICAL$PL'CITICATIONS •
CIT PROJECT NO.08-02 PAGE 2
JUNE 24,2008 •
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B. All work hereunder shall conform to the applicable requirements of Cal OSHA
• Construction Safety Orders.
• POWER AND LIGHTING:
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. G. Power: The Contractor shall provide all necessary temporary power required for its
. operations under the Contract, and shall provide and maintain all temporary power lines
required to perform the Work in a safe and satisfactory manner.
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H. Construction Lighting: All Work conducted at night or under conditions of deficient
. daylight shall be suitably lighted to insure proper Work and to afford adequate facilities
. for inspection and safe working conditions.
• 1. Approval of Electrical Connections: All temporary connections for electricity shall be
• subject to approval of the Engineer and the power company representative, and shall be
removed in like manner at the Contractor's expense prior to final acceptance of the Work
. by the City.
• J. Separation of Circuits: Unless otherwise permitted by the Engineer, circuits separate from
lighting circuits shall be used for all power purposes.
K- Construction Wiring: All wiring for temporary electric light and power shall be properly
installed and maintained and shall be securely fastened in place-
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• WATER SUPPLY:
A. The City will furnish, without charge, reasonable quantities of water required by the
Contractor in performance of the Work under the Contract; however, the Contractor shall
• provide all facilities necessary to convey the water from the City designated source to the
• points of use in accordance with the requirements of the Contract Documents. Construction
• water will be available free of charge from the city's fire hydrants. The Contractor will be
. required,however,to apply for and furnish a deposit for use of the City's construction meter.
• B. The Contractor shall provide and operate all pumping facilities,pipelines,valves,hydrants,
• storage tanks,and all other equipment necessary for the adequate development and operation
• of its water supply system. Water used for domestic purposes shall be free of contamination
• and shall conform to the requirements of the State and local authorities for potable water.
The Contractor shall be solely responsible for the adequate functioning of its water supply
• system and shall be solely liable for any claims arising from the use of same, including
• discharge or waste of water therefrom.
C. Potable Water: All drinking water on the site during construction shall be furnished by the
Contractor and shall be bottled water or water furnished in approved metal dispensers.
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• D. Removal of Water Connections: Before final acceptance of the Work on the project, all
. temporary connections and piping installed by the Contractor shall be entirely removed,and
. all affected improvements shall be restored to their original condition, or better, to the
satisfaction of Engineer.
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. RAINMAKER FOIINTAPJ REPAIR$ "I ECHN[CAL SPECIFICATIONS
Crr PROJECT NO.08-02 PAGE 3
JUNE•24,2003
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E. Fire Protection: The construction plant and all other parts of the Work shall be connected
with the Contractor's water supply system and shall be adequately protected against damage •
by fire. .
SANITATION- Sanitary and Other Organic Wastes: The Contractor shall establish a regular daily •
collection of all sanitary and organic wastes.All wastes and refuse from sanitary facilities provided
by the Contractor or organic material'wastes from any other source related to the Contractor's •
operations shall be disposed of away from the site in a manner satisfactory to the Engineer and in
accordance with all laws and regulations pertaining thereto.
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TELEPHONE COMMUNICATIONS-'The Contractor shall provide and maintain at all times during •
the progress of the Work, a telephone number where the Contractor's on-site representative can be .
contacted at all times while the Work is in progress. .
SITE ACCESS AND PARIUNG- GENERAL: •
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The Contractor shall take all necessary,precautions for the protection of the Work and the safety of .
the public- All barricades and obstructions shall be illuminated at night, and all lights shall be kept
burning from simset until sunrise. The Contractor shall station such guards or flaggers and shall
conform to such special safety regulations relating to traffic control as maybe required by the public •
authorities within their respective j urisdictions.All signs,signals,and barricades shall conform to the
requirements of Caltrans "Manual of Traffic Controls-Warning Signs,Lights,and Devices for Use •
in Performance of Work Upon Highways." The Contractor shall utilize the parking lot adjacent to .
Indian Canyon Drive for employee parking.
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Contractors may drive equipment on the park lawn, but must comply with Article 6.9 and 6.10 a.
through 6.10 e. of the General Conditions of the Contract. •
TEMPORARY STREET USE - Traffic Control: For the protection of traffic in public or private •
streets and ways, the Contractor shall provide,place, and maintain all necessary barricades, traffic •
cones,warning suns,lights,and other safety devices in accordance with the requirements of State of
California, Department of Transportation "MANUAL ON UNIFORM TRAFFIC CONTROL •
DEVICES (MUTCD) 2003 EDITION AS AMENDED BY MUTCD 2003 CALIFORNIA •
SUPPLEMENT", or subsequent editions in force at the time of construction.
TEMPORARY ENVIRONMENTAL CONTROLS - DUST ABATEMENT:
A. The Contractor shall furnish all labor, equipment, and means required and shall carry out
effective measures wherever and as often as necessary to prevent its operation from
producing dust in amounts damaging to property,cultivated vegetation,or domestic animals, •
or causing a nuisance to persons living in or occupying buildings in the vicinity- The
Contractor shall be responsible',for any damage resulting from any dust originating from its •
operations. The dust abatement measures shall be continued until the Contractor is relieved •
of further responsibility by the Engineer.
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B. The Contractor shall be responsible for maintaining the project site and providing adequate
dust control 24 hours a day, everyday, through the duration of the project, in conformance .
with City requirements, Section 7-8 of the Standard Specifications,and to the satisfaction of .
RAINMAKER FOUNTAIN REPAIRS TECHNICAL. SPECIFICATIONS •
CIT PROJECT NO.08-02 PAGE 4
JUNE 24,2008 .
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. the City Engineer"
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• PAYMENT-Full compensation for providing 24 hour dust control and project maintenance;and for
furnishing, erecting, maintaining, and removing the dust control sign(s) shall be. considered as
• included in the contract lump sum price paid for mobilization,and no additional compensation will
• be allowed therefore.
• RUBBISH CONTROL:
•
. A. During the progress of the Work, the Contractor shall keep the site of the Work and other
• areas used by it in a neat and clean condition, and free from any accumulation of rubbish.
The Contractor shall dispose of all rubbish and waste materials of any nature occurring at the
• Work site, and shall establish regular intervals of collection and disposal of such materials
• and waste.
B. Contractor shall also keep its haul roads free from dirt,rubbish,and unnecessary obstructions
resulting from its operations. Disposal of all rubbish and surplus materials shall be off the
• site of construction in accordance with local codes and ordinances governing locations and
methods of disposal, and in conformance with all applicable safety laws"
MATERIALS AND EQUIPMENT-GENERAL-The word"Products,"as used herein,is defined to
include purchased items for incorporation into the Work, regard- less of whether specifically
• purchased for projector taken from Contractor's stock of previously purchased products. The word
• "Materials,"is defined as products which must be substantially cut,shaped,worked,mixed,finished,
• refined, or otherwise fabricated, processed, installed, or applied to form units of work. The word
• "Equipment" is defined as products with operational parts, regardless of whether motorized or
manually operated, and particularly including products with service connections (wiring, piping,
• etc.). Definitions in this paragraph are not intended to negate the meaning of other terns used in
• Contract Documents, including "specialties," "systems," "structure," "finishes," "accessories,"
• "furnishings," "special construction," and similar terms, which are self explanatory and have
• recognized meanings in the construction industry.
• QUALITY ASSURANCE:
•
• C. Source Limitations:To the greatest extent possible for each unit ofwork,the Contractor shall
• provide products, materials, or equipment of a singular generic kind from a single source.
• D. Compatibility of Options: Where more than one choice is available as options for
• Contractor's selection of a product, material, or equipment, the Contractor shall select an
. option which is compatible with other products, materials, or equipment already selected.
• Compatibility is a basic general requirement of product/material selections"
• MATERIALS:
•
. A. Placing Orders.- The Contractor shall place the order(s)for all long-lead supplies,materials,
• and equipment,for any traffic signing,striping,legends,and traffic control facilities within 3
working days after the award of Contract by the City.
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• RAINMAKER FOUNTAIN REPAIRS l"ECFINICAL SPECIFICATIONS
CIT PROJECT NO.08-02 PAGE 5
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B. The Contractor shall furnish the Engineer with a statement from the vendor(s) that the •
order(s) for said supplies,materials, and equipment has been received and accepted by said .
vendor(s) within 15 working days from the date of said award of Contract.
CONTRACT CLOSEOUT:
•
FINAL CLEANUP - 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 the City will be
withheld until the Contractor has satisfactorily complied with the foregoing requirements for final •
cleanup of the project site. •
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CLOSEOUT TIMETABLE: •
A. The Contractor shall establish dates for equipment testing, acceptance periods, (as required
under the Contract). Such dates shall be established not less than one week prior to beginning •
any of the foregoing items, to allow the City, the Engineer, and their authorized •
representatives and consultants sufficient time to schedule attendance at such activities. .
E. All temporary buildings and sheds shall be removed from the project site within 7 days after
completion of the Work. as defined in the Contract Documents. All temporary utilities and •
other temporary services shall remain in service for 7 days following completion of the •
Work, and shall be discontinued within 7 days after said completion of the Work. •
FINAL SUBMITTALS: •
A. The Contractor, prior to requesting its final progress payment, shall submit the following •
items to the Engineer for transmittal to the City:
1. Written guarantees or warranties,where required .
2. Operating manuals and instructions •
3. Maintenance stock items; spare parts, special tools
4. Completed final Record Drawings in digital format consisting of a DWG •
(AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange
file),and PDF(Adobe Acrobat 6.0 or greater)formats_ Variation of the type •
and format of the digital data may be authorized upon prior approval of the ,
Engineer.
5. Bond for correction and repair period •
6. Certificates of inspection and acceptance by local governing agencies having
jurisdiction ' •
7_ Releases executed by property owners or residents adjacent to the project site •
attesting that the Contractor has restored any damage done to their property
during construction_ •
8_ Releases from all parties who are entitled to claims against the subject
project, property, or improvement pursuant to the provisions of law. .
COMPLETION OF THE WORK:
•
A. Completion of the Work, as the term is used in this Conti-act shall mean substantial
completion of the Work and acceptance by the City. 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
RAINMAKER FOUNTAM REPAIRS "I"EC14MCAL SPECIFICATIONS •
CIr PROJECT NO.08.02 PAGE G .
JUNE 24,2008
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Contract has been honestly and faithfully perfonmed in its material and substantial
• particulars,and 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.
• B. 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 the City can occupy or utilize the project for
• the use for which it was intended, and the legislative body of the City has accepted the
Project as evidenced by execution and recording of a Notice of Completion.
i
REMAINING PUNCH LIST ITEMS:
•
. A. Upon attaining completion/substantial completion as defined in Article 14.7 of the,General
Conditions and upon acceptance of the Work by the City,by agreement between the parties
• some small remaining punch list items may remain to be completed by the Contractor, as
provided under the provisions for "Completion of the Work" in Paragraph 1.04A, herein.
B. As provided in Articles 14.11 and 14.12 of the General Conditions, the City shall have the
right to retain an additional amount of money from the final progress payment due the
• Contractor, equal to 1.5 times the Engineer's estimate of the value of such uncompleted
• punch list items. The Contractor hereby agrees to complete all such outstanding punch list
• items within 30 calendar days following the date of tine Notice of Completion and acceptance
• of the Work by the City.
• C. As provided in Article 14.12 of the General Conditions,failure of the Contractor to complete
or correct all such outstanding punch list work to the satisfaction of the Engineer 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 the
City under the Contract to cover the value of such uncompleted or uncorrected items.
•
• CORRECTION AND REPAIR:
A. The Contractor shall comply with the correction and repair requirements contained in Article
13 of the General Conditions.
•
B. The Contractor shall make all repairs and replacements promptly upon receipt of written
• order from the City. If the Contractor fails to make such repairs or replacements promptly,
• the City 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 City for the cost thereof
•
SEPARATE CORRECTION AND REPAIR BOND - The Contractor shall provide a bond to
. guarantee performance of the provisions contained in Paragraph entitled "Correction and Repair,"
. above, and Article 13 of the General Conditions.
• REPAIR SPECIFICATIONS:
•
• The work shall be performed in conformance with OSHA Requirements for working in confined
• spaces. The fountain is to continue to be an interactive fountain with a sequencing of the wands as
designed by the artist.
•
• RAINMAKER FOUNTAIN REPAIRS TECHNICAL SPCCIFICAnON$
• CIT PROTECT NO.08-02 PAGF7
JUNE 24.2008
•
•
•
•
The following are the required fixes for the fountain to be placed back into operation:
• Determine the functionality of the entire control panel and repair or replace as necessary. •
• Test and service the pump motors and replace if necessary. Replacement motors shall be same •
size, make and model as existing or approved equal .
• Make the sump pump operational. The pump should be able to evacuate almost all of the .
water from the sump trough.An 8°'sanitary sewer lateral will be provided by City to within 20
feet of the bottom pool- •
• A sanitary drain shall be installed in the bottom pool and connected to the above specified 8" •
pipe- •
• Ventilation fan in the vault shall be replaced with "/ahp exhaust fan, existing 3" vent piping •
shall be replaced with G" pipe of same type. Core as needed to install.
• Vault Mechanical. Replace the existing basket strainers on the main pumps with new stainless •
steel strainers and replace the existing filter pumps with new pumps with stainless steel basket •
strainers. The basket strainers in the existing vault are very small and larger capacity strainers .
such as a Pro Strainer(www.prostrainer.com) shall be used. .
• The new filter pumps are required because the Pentair Whisper Flow Pump capacity is very
small. The existing filters are 100 square feet and-shall be increased in size to 150 square feet- •
The existing cartridge filter is backward and shall be re-plumbed. Replace the filters with 150
square foot filter that will practically fit and provide an extra set of cartridges. Provide
drainage valves and pipe to the filter tanks to allow drain-offnuisance water to the sump pump. •
• Drain valve shall be added to the piping downstream of all check valves in the vault. The
valves should have a minimum 2/4" size and should be routed to the sewer. •
The chlorine feeders are adequate,for the job but they are not automated. A chemical controller
shall be installed with a solenoid valve in front of the erosion feeders for on and off operation- •
Use a product by Santa Barbara Controls or approved equal for PPM and pH control and •
monitoring. In addition,provide a UV sanitizer and install on the filter loop- Use Delta UV,
EP Models or approved equal. •
• The Rainmaker Fountain is automated in as much as the wands do not continually fill with �
water but are sequenced to the Artist's original direction. This was accomplished with a small •
programmable logic controller (PLC) and three motorized butterfly valves. The .PLC is .
typically programmed by the supplier of the electrical panel, which in this case was Prair
Electric in Portland, Oregon. The PLC is programmed to open one or both of the water valves •
while closing the by-pass valve to direct water to the wands. Water will fill the wands and they
would spill into the pool. This would happen for a set amount of time and then the wand •
valves would close and the by-pass valve open and allow water to flow into the wand basin. •
• Replace all of the existing water level control probes with float type. The types of probes
being used arc resistive types that utilize the water levels to open and close control circuits. •
The hard water deposits apparently have built-up on the probes and therefore they have lost •
their conductivity and the solenoid valves either fail to open or fail to close. •
• The existing solenoid valves shall be replaced. •
• All conduit entries into the vault shall be sealed with duct seal.
• Drain lines shall tie installed on all pipes downstream of check valves. •
• ALL lighting needs to be replaced and operational and properly installed to be flush-mounted •
with bottom surface of lower pool for safety purposes.
+ Replace leaking wand seals at wand attachments with seals that will adequately prevent leaking •
at these pivot points.
•
RAINMAKER FOUNTAIN REPAIR$ TECHNICAL SPECIFICATIONS •
CIT PROJECT NO 08.02 PAGE 8 •
JUNE 24,2008
•
•
•
SAFETY ITEMS:
• Install lift assist arm on the hatches.
• Install vertical aluminum ladders in the vault with ladder-up safety posts.
• • Contractor shall provide City with daily/weekly/monthly/yearly maintenance schedules
• outlining all issues and recommended work intervals-
BIDDER INSTRUCTION'S:
The lump sum price bid shall include all labor, materials, tools and equipment necessary to repair
. and operate the fountain and no additional payments shall be made therefore except as bid in additive
. bid items A and B.
• Bidder shall include a detailed description of their proposed approach to the project in the spaces
• provided on the bid sheet.
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
. PAINMAY.ER FOUNTAIN REPAIRS TECHNICAL SPECIFICATIONS
CIT PROJECT NO.08-02 PAGr9
,TUNE 24,2008
0
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• VICINITY MAP P�r,N
• CITY OF PALM SPRINGS, CALIFORNIA
RAIN11AIM FOUNTAIN REPAIRS
• C.P. 08-02 171
•
•
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
The City of Palm Springs PUBLIC WORKS CONTRACT AWARD
3200 East Tahquitz Way
Palm Springs, CA 92262
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
Rich Parzinsky Pools, Inc. 431055
4, MAIL ADDRESS(STREET NUMBER OR P.O. BOX) 5. CITY
P O Box 897 Palm Springs
6. ZIP CODE 7. TELEPHONE NUMBER
92263-0897
S. ADDRESS OR LOCATION OF PUBLIC WORKS SITE(INCLUDE CITY AND/OR COUNTY)
NE Corner of No. Palm Canyon Dr. &Alejo Road in Palm Springs, CA
9. CONTRACT OR PROJECT NUMBER 10. DOLLAR AMOUNT OF CONTRACT AWARD
CP 08-02 s 63,600
11. STARTING DATE(ESTIMATED OR ACTUAL) 12. COMPLETION DATE(ESTIMATED OR ACTUAL)
MONTH DAY YEAR MONTH DAY YEAR
11 / 30 1 2008 lUSE NUMBERS) 01 / 02 12009 / (U5E NUMBERS)
13. TYPE OF CONSTRUCTION(HIGHWAY,SCHOOL,HOSPITAL,ETC.) 14.
Fountain Repair E] NEW CONSTRUCTION El ALTERATIONS
15. CLASSIFICATION OR TYPE OF WORKER(CARPENTER,PLUMBER,ETC.) THAT WILL BE EMPLOYED BY THE CONTRACTOR(S)
Plumber
Swimming Pool Contractor
General Contractor
16.
Is language Included in the Contract Award to effectuate the provision of section Yes No
1777.5,as required by the Labor Code?................................................................ X
Is language included in the Contract Award to effectuate the provisions of Section
1776,as required by the Labor Code?...-.--. .................-........... .-.............. Yes LJ No
17, SIG A URE 18. TITLE 19. DATE
Procurement Mgr. 11/19/08
20, PRINTE OR TOED NAME 21. TELEPHONE NUMBERS
Craig I adders Manager, Procurement&Contracting 760-322-8368
Duplication of Ihi$term J$pnni^c1010
DAB 13(rev.5/01)
City of Palm Springs, CA
Procurement and Contracting division
BID ABSTRACT
Project Number: CP 08-02
Project Name: Rainmaker Fountain Repairs
Due pate and Time: 08/19/08 2:00 PM
Bid Schedules: Vendor Name and Vendor Name and Vendor Name and Vendor Name and
Bid Amount Bid Amount Bid Amount Bid Amount
Schedule"A"Total Lump
Sum �Fp_ ev
Bid Total: 1dGG, �-po GZJ �3 G 3, 5Oo, e-o
Witnessed: ByC2TZ LL Date: Elmloe
Check A License: Contractor's License Detail Page 1 of 2
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HIS Registration license database.
o Filing a Construction
Complaint
o Processing Times License Number: 431055 Extract Date:
a Check Application Business RICH PARZINSKY POOLS INC
Status Information P 0 BOX 897
o Search for a Surety PALM SPRINGS, CA 92263-0897
Bond Insurance Business Phone Number. (760)324-5827
Company
Entity: Corporation
a Search for a Workers'
Compensation Issue Date: 11/12/1982
Company Reissue Date: 10/15/2002
How to Participate Expire Date: 10/31/2008
License Status: This license is current and aetIVC.All information below
reviewed-
Classifications: CLASS DESCRIPTION
C53 SWIMMING POOL
C-8 CONCRETE
Bonding: CONTRACTOR'S BOND
This license filed Contractor's Band number 9047452 in
$12,500 with the bonding company
AMERICAN CONTRACTORS INDEMNITY COMPANY.
Effective Date:01/01/2007
Contractor's Bonding History
BOND OF QUALIFYING INDIVIDUAL
1. The Responsible Managing Officer(RMO)RICHAR
PARZINSKY certified that he/she owns 10 percent
voting stock/equity of the corporation.A bond of qu,
individual is not required.
Effective Date: 10/16/2002
Workers' This license has workers compensation Insurance with thi
hitp://www2.cslb.ca.gov/General-InformatiotVinteractive-tools/check-a-license/Lic... 8/22/2008
Check A License: Conti-actor's License Detail Page 2 of 2
Compensation: OAK RIVER INSURANCE COMPANY
Policy Number:2200051680081
Effective Date:08/15/2008
Expire Date:0811512009
Workers'Compensation History
Miscellaneous DATE. DESCRIPTION
Information: 10/16/2002 LICENSE REISSUED TO ANOTHER
Personnel listed on this license(current or disassociated)are listed on other license
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PUBLIC WORKS CONTRACTS
BID RESULT CHECK LIST FOR CnY CLERK OFFICE:
AGR# AMOUNT
CitY'PrdJeCt'NO: DL j 7 MO# DATE
d Dates Published: cTIJ�L� : �i/d 6Q6 �,'DIV IND APP NOTICE Y ❑N
Bid Date &:Time: :AtJla N
'PROJECT: _�-GLJ� JGIe'�Er
;SUCCESSFUL: 1. ( p7 /J F� !/JIJ�� LITG 6.
2. Yd I -j'A/_• 7.
3. 8.
h' • 4. 9
5
10:
INMPLFTIE Fins,"v-res onsie
WHY: . . . ..
CONTRACTOR BACKGROUND'CHECK: , f "" q. Required. Y N,❑ (ATTACKIFREouwrn)
'AfiFi'Iiavit of Non-Collusion Signed & Notarized? -Y /N ❑
'Information required of.bidder'p3ge completed?. Y PJ N ❑
'.Type &'1 Amount of Insurance Required:
iAnecH euouxrg Al�r.�CCcgp) .' —••• -.' � .. •- � ' '
Contractors License No. Type(s)!' ' 3::' y' G•� `.-'Status.
No. of da s to comp lete work Workin Calendar.
Y P
Estimated StatT,Date:, Estima ed. Completio'n Date:'
- i
No. of days in which to execute contract.'after-Notice of .'' r '
'Award (date City Clark transmits contracts for'exacutfon):19 , '' r
"i- Davls-BaCOn,Exhibits (Specify Exhibits tc be complotod 6y Cgntractor7) -
_ 'Any'Addenda?, Y., N No. Addenda Si ned b ontractor7'Y O N's Y C L�!I
BONDS: ,'D DS:
� .
PERFORMANCE BOND ;.,i6%.' " PAYMENT-BONA; p CORRECTION,REPAIR BONO $6
"B,I'D BONDS;'' : BLANK BID SPECS.'
Successful,'Bidder:
CASHIER'SCHECK?'Y ❑'`�N 'ITV" EPOS•
Five -(5) :extra -sets of bid
'0 0 ITED��IN�7�&�A?���Y�❑ N 0�
" 71
specifications far contract execution
Unsuccessful•'Bidders;.,
CASHIER'S CHECKS?" ❑. ;Y'❑ ,NI : DEPOSITED IN T & Aj NO E -
Attachedc Y'❑ N ❑
Which Contractor(s)
�.Provided'Previously
S DO PE- , CS.&';AGREEMENT ,FORM REFERENCE:' Public,Contracts Gdvernment Code Sec. 22300 ' Y N+ ❑
Labor Code-1.777.5 -Y ❑
Labor Code,1776 'Y IICJ N ❑
California Standard Specifications I EDITION
' Standard;Specifications for, Public Works Construction EDITION''
ATE 2. BY
.D
PEPT: